This bill has been amended

Bill S5123-2013

Prohibits the importation of any waste product or byproduct from hydraulic fracturing operations

Prohibits the transportation of any waste product or byproduct from hydraulic fracturing operations.

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  • May 10, 2013: REFERRED TO ENVIRONMENTAL CONSERVATION

Memo

BILL NUMBER:S5123

TITLE OF BILL: An act to amend the environmental conservation law, in relation to prohibiting the importation of any waste product or byproduct from hydraulic fracturing operations

PURPOSE:

The purpose of this legislation is to prevent the disposal of hydraulic fracturing waste from out of state.

SUMMARY OF SPECIFIC PROVISIONS:

This legislation amends the environmental conservation law to prohibit hydraulic fracturing waste or waste by-products from being shipped into New York State for disposal purposes.

JUSTIFICATION:

New York State is currently the recipient of waste products from hydraulic fracturing disposal from other States which are conducting high volume hydraulic fracturing, commonly referred to as "fracking". This oil and gas wastewater can legally be disposed of at municipal water treatment plants because it is currently exempt from the federal Resource Conservation and Recovery Act (RCRA), which generally regulates the handling and disposal of oil and gas drilling waste water. As the result of this exemption, natural gas operators transporting fracking wastewater are not considered to be transporting or receiving "hazardous" waste, and thus are not required to meet the safeguards established by RCRA regulations. In the absence of federal regulations, states regulate the handling, storage, and transport of fracking wastewater, including residuals.

In New York State, high volume hydraulic fracturing has not been authorized, and regulations for handling and disposing of this waste continue to undergo review. In addition, the United States Environmental Protection Agency has not completed its study of the possible health impacts of such waste products on drinking water resources and is working on national pretreatment standards for waste to be disposed of in municipal sewage-treatment plants or private treatment plants, after finding that many of them are not properly equipped to treat this type of wastewater and may be discharging pollutants to rivers and other streams.

The United States Environmental Protection Agency has commented on New York's proposed fracking rules, saying that the state should ban the use of fracking brine on roads because pollutants could make their way into aquifers and waterways through infiltration and storm runoff. The agency also warned that there was probably not enough capacity at out-of-state treatment plants to handle polluted water from New York.

In March of 2012, the Niagara Falls City Council blocked a proposal by its local waste treatment facility to accept fracking waste in order to offset declining revenues. The City of Niagara Falls and Buffalo have both adopted local legislation banning the treatment, transport, storage and disposal of drilling fluids within city limits.

PRIOR LEGISLATIVE HISTORY:

This is a new bill.

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

This bill shall take effect immediately.


Text

STATE OF NEW YORK ________________________________________________________________________ 5123 2013-2014 Regular Sessions IN SENATE May 10, 2013 ___________
Introduced by Sen. TKACZYK -- 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 prohibiting the importation of any waste product or byproduct from hydraulic fracturing operations THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The environmental conservation law is amended by adding a new section 23-1712 to read as follows: S 23-1712. PROHIBITION ON THE IMPORTATION OF HYDRAULIC FRACTURING WASTE PRODUCTS OR BYPRODUCTS. NO PERSON, FIRM, PARTNERSHIP OR CORPORATION SHALL IMPORT FOR DISPOSAL PURPOSES ANY WASTE PRODUCT THAT RESULTS FROM HYDRAULIC FRACTURING OR WASTE BYPRODUCT THAT RESULTS FROM HYDRAULIC FRACTURING OPERATIONS INTO NEW YORK STATE INCLUDING, BUT NOT LIMITED TO HYDRAULIC FRACTURING WASTE BRINE. S 2. This act shall take effect immediately.

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