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crafts regulations regarding hydrofracking.^94 The DEC
introduced a preliminary impact statement in 2011, but it is
unclear when a final plan will be complete.^95 During the first
comment period, the DEC received over 65,000 comments on
the proposed regulations,^96 a previously record-setting number.^97
The DEC then had until December of 2012 to incorporate those
comments and complete its proposed hydrofracking regulations.^98
However, before the proposed regulations were due, the DEC
directed the state Health Department to begin a health
assessment of hydrofracking, delaying the final decision.^99 The
DEC then filed for a ninety day extension by submitting a
revised set of DEC regulations and opening up the process for
another thirty days of comment ending January 11, 2013.^100 This
recent comment period elicited an “unprecedented” number of
comments, over 200,000.^101 The DEC missed their recent March
deadline for promulgating hydrofracking regulations, and now
any new regulations will be subject to another forty-five-day
comment period and additional public hearings.^102
(^94) See Esch, supra note 5.
(^95) Rick Karlin, Is Trial Balloon Full of Shale Gas?, ALBANY TIMES
UNION (June 13, 2012), http://www.timesunion.com/local/article/Is-trial-
balloon-full-of-shale-gas-3632650.php.
(^96) Kastenbaum, supra note 58.
(^97) New Yorkers Deliver Unprecedented 200k+ Comments on Cuomo’s
Fracking Rules, supra note 91.
(^98) Jon Campbell, New Hydrofracking Comment Period Begins Dec. 12,
ITHACA J. (Nov. 29, 2012, 9:56 PM), http://www.theithacajournal.com/
article/20121129/NEWS11/311290097/New-hydrofracking-comment-period-
begins-Dec-12.
(^99) Jacob Gersman, Pressure Rises for Decision on Drilling, WALL ST. J.
(Sept. 28, 2012), http://online.wsj.com/article/SB10000872396390443389604
578024851639481218.html.
(^100) Campbell, supra note 98.
(^101) Groups Rally to Prevent Fracking in NY, supra note 70; New Yorkers
Deliver Unprecedented 200k+ Comments on Cuomo’s Fracking Rules, supra
note 91.
(^102) Fracking Deadline Passes; Health Impact Study Sought,
STEUBENCOURIER.COM (Mar. 5, 2013, 10:00 AM), http://www.steuben
courier.com/news/x846064007/Fracking-deadline-passes-health-impact-study-
sought.