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April 9, 2013

Honorable Andrew Cuomo

Governor New York State

New York State Capitol

Albany, NY 12224

Dear Governor Cuomo:

Im writing to express my support for your science-driven approach to the States decision about high-volume hydraulic fracturing,

and I urge you to wait for critical data from EPAs ongoing analysis, the Study of Hydraulic Fracturing and Its Potential Impact on

Drinking Water Resources. As the Congressman who authored the language directing the EPA to undertake this study the first-

ever comprehensive study of hydraulic fracturings impacts I know how important it is that New York State lets the science be

completed before making a decision that could impact New Yorkers for many generations.

During my tenure in the U.S. House of Representatives the Bush-Cheney Administration pushed through the Energy Policy Act in

2005, which I opposed and voted against. This act, premised on a faulty study and false industry promises, exempted the oil and gas

industry from some of the nations most essential environmental and public health laws, including the Safe Drinking Water Act and

parts of the Clean Air Act and Clean Water Act.

After hearing a myriad of accounts of contaminated groundwater and reported sickness from residents in areas across the country

where hydraulic fracturing was taking place, I knew steps had to be taken to investigate what was happening in these places. In an

effort to protect my constituents and people across the nation, I took action by securing the provision in the 2010 Interior and

Environment appropriations bill report to direct EPA to conduct a study on hydraulic fracturing and its potential impacts on drinking

water supplies.

Part of my intention in advancing this measure was to undertake and complete the EPA study prior to any decision on whether or

not to allow high-volume hydraulic fracturing in New York. That is why I put forth the directive for the study and successfully fought

attempts by the gas industry to cut the studys budget and limit the studys scope. After the provision passed Congress, President

Obama included funding for the study in each of his next three budgets.

EPAs ongoing study is the first independent, comprehensive scientific review of fracking to date. The scope of the EPA study

includes analysis and consideration of the full life-cycle of water in the fracking process. This includes acquisition of fracking water,

mixing with chemicals, well injection, flowback, transportation to treatment and final disposal. With a rigorous, independent peer

reviewed process, this national study will comprehensively examine and detail risks for water contamination and impacts from

fracking. In doing so, it will determine pathways of exposure for chemicals used in the fracking process that might contaminate

drinking supplies and therefore directly impact public health.

In his letter on February 12, New York State Department of Health Commissioner Nirav Shah was correct to note the importance of

the EPA study, among other comprehensive health studies that are now beginning. As Commissioner Shah has wisely noted, your

decision about fracking is too important to make a mistake. I fully agree with your prior statement that New Yorkers deserve

nothing less than the most comprehensive review ever undertaken. The results of the EPA study need to be part of that review, in

addition to careful analysis of other emerging data and studies based on impacts felt in Pennsylvania and other states where

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fracking is already taking place. Additionally, transparency and inclusion of the public and independent experts should be brought to

New Yorks health review process in order to ensure the highest quality science is performed and that public trust is maintained.

As you know, protecting peoples health and well-being is our most important role as elected leaders. The EPA study that I initiated

and fought for will help policy makers uphold that public trust, which is why it is vital for New York to wait for the results prior to

determining policy on this controversial technology. After serving as an elected official for nearly four decades, I understand howimportant it is not to rush decisions like this and make certain we have all the data, facts and best information to make the right

decision. Im confident that New Yorkers will agree with and support you in standing up for their health and well-being by allowing

the scientific studies to be completed prior to the States decision about fracking. I would certainly join them in applauding your

courageous leadership on this issue in doing so and I thank you for considering these comments.

Sincerely,

The Honorable Maurice D. Hinchey

Former Member of Congress

Saugerties, New York