Relates to the uniform treatment of waste from the exploration, development, extraction, or production of crude oil or natural gas.

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S4616-2011 Actions

• Mar 12, 2012: COMMITTEE DISCHARGED AND COMMITTED TO RULES
• Mar 6, 2012: NOTICE OF COMMITTEE CONSIDERATION - REQUESTED
• Jan 4, 2012: REFERRED TO ENVIRONMENTAL CONSERVATION
• Apr 13, 2011: REFERRED TO ENVIRONMENTAL CONSERVATION

S4616-2011 Memo

BILL NUMBER:S4616

TITLE OF BILL:

An act
to amend the environmental conservation law, in relation to
the uniform treatment of waste

PURPOSE:

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.

JUSTIFICATION:

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.

S4616-2011 Text

                      S T A T E   O F   N E W   Y O R K
  ________________________________________________________________________

                                    4616

                         2011-2012 Regular Sessions

                              I N  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