November 28, 2014 Honourable Paul Davis Premier of Newfoundland and Labrador, P.O. Box 8700 St. John’s, NL, A1B 4J6 Dear Premier Davis: Re: Public Review of the Implications of Hydraulic Fracturing Operations in Western Newfoundland. The Coalition for Alternatives to Pesticides (CAP-NL) is a provincial coalition of citizens and health and environmental organizations. Its mandate is to defend basic rights to health and environmental quality and to eliminate the use of toxic substances such as pesticides and replace them with ecologically sound alternatives. CAPE, the Canadian Association of Physicians for the Environment works to protect human health by protecting the planet. It seeks to better understand how environmental degradation affects human health and to be a resource to others. It educates its members, other physicians and health professionals, the public, and policy- makers about environmental health issues. It takes actions that will contribute to the protection and promotion of human health by addressing issues of environmental degradation. It collaborates with other organizations, nationally and internationally, that share its concerns and values. In June of this year CAP-NL completed a Position Paper on Pesticides and other Toxic Substances (as attached) with a section titled Hydraulic Fracturing. (Pp.17-19). CAP-NL and CAPE question the necessity of a panel to conduct a public review and make recommendations on whether hydraulic fracturing should be undertaken in western Newfoundland. We believe that there is already a significant amount of credible science-based information that has been reviewed by governments and panels (such as the panel authoring the Wheeler Report in Nova Scotia) to indicate that hydraulic fracturing should not be undertaken in western Newfoundland. CAP-NL and CAPE are concerned that this review recently announced by the NL Government is more about advancing an already predetermined pro hydraulic fracturing position. We conclude this from statements attributable to the Minister of Natural Resources as follows: " The NL Minister of Natural Resources believes that hydraulic fracturing in recovery of oil and gas in NL onshore can be used safely if done properly within an appropriate regulatory framework and with effective oversight by the regulator." - Newfoundland & Labrador Basis for Development of Guidance Related to Hydraulic Fracturing Part 3, ALARP: A Guiding Principle, p 10 – (undated). If the panel's main mandate is to review and make recommendations on whether or not hydraulic fracturing should be undertaken in western Newfoundland, why is there such an emphasis in the mandate on gathering and reviewing information on the regulation of hydraulic fracturing as follows? • A review of regulatory processes related to hydraulic fracturing in other jurisdictions. • An identification of current best industry practices and procedures respecting hydraulic fracturing operations; and • A review of current regulatory process in Newfoundland and Labrador respecting hydraulic fracturing operations and identifying needed changes consistent with other jurisdictions and best practices. If it were first legitimately determined that hydraulic fracturing should be undertaken in western Newfoundland, we suggest another separate panel or group should be assigned the task of reviewing regulations. We believe it is not appropriate to assign the same panel that is required to conduct a review on whether hydraulic fracturing should not or should be undertaken with an additional comprehensive review of regulations and best practices. Regulations only have application if and when hydraulic fracturing has been given government approval. Adding a review of regulations and best practices pertaining to hydraulic fracturing to the panel's mandate significantly detracts from and is in conflict with the primary task of determining if hydraulic fracturing should be undertaken in Western Newfoundland. Under the Terms of Reference for the Panel, a major part of the Mandate is the gathering and review of regulations and best practices, with the headings: Potential Impacts on Groundwater; Potential Impacts on Surface Water; Impacts on Land; Waste Management; Management of Additives; Wellbore Integrity; Seismicity and Geological Risks; Regulatory Oversight and Responsibility; Site Restoration; Financial Security and Insurance; Air Emissions; Public Safety and Emergency Planning; Community Engagement; Socio-Economic Impacts. No direct mention is made in these of a Health Risk Assessment of Hydraulic Fracturing. We strongly believe that any honest review of Hydraulic Fracturing should include a Human Health Risk Assessment (HHRA) as recommended by Health Canada in 2010: http://www.hc-sc.gc.ca/ewh-semt/pubs/eval/environ_assess-eval/index-eng.php#a8 2 And in the Chief Medical Officer of Health’s Recommendations Concerning Shale Gas Development in New Brunswick, September 2012: http://www2.gnb.ca/content/dam/gnb/Departments/h-s/pdf/en/HealthyEnvironments/ Recommendations_ShaleGasDevelopment.pdf. Concluding, CAP-NL and CAPE recommend that the Government of Newfoundland and Labrador immediately initiate a ban or a long-term moratorium on hydraulic fracturing in the province and coastal - marine areas within its jurisdiction. We would appreciate a response to this letter and an opportunity to meet and have meaningful dialogue with you and other government representatives regarding this important issue. Yours sincerely, Gideon Forman, Executive Director, Canadian Association of Physicians for the Environment CAP-NL Board Doug Andrews Paul Bowdring Darcie Cohen Denise Cole Bob Diamond Wayne Hounsell Todd Keeping Greg Malone Atanu Sarkar Ian Simpson Frank R. Smith Judith Stamp Piotr Trela Cora Young Cc. Hon. Dan Crummell, Minister of Environment and Conservation Hon. Steve Kent, Minister of Health and Community Services Hon. Derrick Dalley, Minister of Natural Resources Hon. Darin King, Minister of Business, Tourism, Culture, and Rural Development Hon.Vaughn Granter, Minister of Fisheries and Aquaculture Hon.Tony Cornect, Minister of Services 3 .