Relates to the uniform treatment of waste from the exploration, development, extraction, or production of crude oil or natural gas.
TITLE OF BILL:
An act to amend the environmental conservation law, in relation to the uniform treatment of waste
This bill would require hazardous wastes produced from oil and natural gas activities to be subject to the requirements for treatment of hazardous wastes.
SUMMARY OF PROVISIONS:
Section one of the bill amends section 27-0903 of the Environmental Conservation Law to add a new section that would classify all waste resulting from oil or natural gas production activities as hazardous waste, if such waste meets the definition of hazardous wastes set forth in the Environmental Conservation Law.
This section also directs the Department of Environmental Conservation to make all necessary changes to bring its rules and regulations into compliance.
Section two contains the effective date.
Currently, the regulations promulgated by the Department of Environmental Conservation that govern the waste produced by the oil and natural gas industries exempt "drilling fluids, produced waters, and other wastes associated with the exploration, development or production of crude oil, natural gas or geothermal energy" from being regulated as hazardous waste. This exemption is in place despite the fact that the waste resulting from the exploration, development, extraction and production of crude oil and natural gas may be hazardous in many instances.
This legislation would supersede that regulation and ensure that when waste from these operations meets the definition of hazardous waste, that it be treated in a manner consistent with other hazardous wastes. Failure to properly classify waste that meets this threshold could present a real danger to public health and the environment. If not treated properly, hazardous waste can, among other concerns, lead to contaminated air, drinking water, soil, and food. There is no compelling reason why waste produced from oil and natural gas activities that meets the definition of hazardous waste, should not be subject to the same laws regarding generation, transportation. treatment, storage and disposal as other hazardous wastes.
LEGISLATIVE HISTORY: This is new legislation.
FISCAL IMPLICATIONS: None to the State.
EFFECTIVE DATE: This act shall take effect immediately.
STATE OF NEW YORK ________________________________________________________________________ 4616 2011-2012 Regular Sessions IN SENATE April 13, 2011 ___________Introduced by Sen. AVELLA -- read twice and ordered printed, and when printed to be committed to the Committee on Environmental Conservation AN ACT to amend the environmental conservation law, in relation to the uniform treatment of waste THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 27-0903 of the environmental conservation law is amended by adding a new subdivision 4 to read as follows: 4. UNIFORM TREATMENT OF WASTE. ALL WASTE RESULTING FROM THE EXPLORA- TION, DEVELOPMENT, EXTRACTION OR PRODUCTION OF CRUDE OIL OR NATURAL GAS, INCLUDING BUT NOT LIMITED TO DRILLING FLUIDS AND PRODUCED WATERS, SHALL BE CONSIDERED HAZARDOUS WASTE UNDER THE LAW OF THIS STATE AND SUBJECT TO ALL PERTINENT GENERATION, TRANSPORTATION, TREATMENT, STORAGE, AND DISPOSAL LAWS AND REGULATIONS, IF SUCH WASTE MEETS THE DEFINITION OF HAZARDOUS WASTE SET FORTH IN SUBDIVISION THREE OF SECTION 27-0901 OF THIS CHAPTER. WITHIN SIX MONTHS FROM THE EFFECTIVE DATE OF THIS SUBDIVI- SION, THE DEPARTMENT SHALL MAKE ALL NECESSARY CHANGES TO BRING ITS REGU- LATIONS INTO COMPLIANCE WITH THIS SECTION. S 2. This act shall take effect immediately.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD10766-01-1