Relates to standards of performance for wastewater facilities

2 Co-sponsors

• Cecilia Tkaczyk
• Brad Hoylman-Sigal

BILL NUMBER:S7783

Title of bill

An act to amend the environmental conservation law, in relation to wastewater treatment facilities

Purpose or general idea of bill

The purpose of this bill is to ensure that wastewater treatment facilities safely handle water from hydraulic fracturing operations.

Summary of specific provisions

This bill would:

*prohibit wastewater treatment facilities from accepting wastewater from hydraulic fracturing operations unless such facilities meet performance requirements; and,

*require the Commissioner of the Department of Environmental Conserva- tion (DEC) to promulgate regulations establishing a standard of perform- ance for the discharge of pollutants from facilities that treat wastewa- ter from hydraulic fracturing facilities. Such standards shall permit no discharge of pollutants, or if not feasible, shall require the greatest possible degree of effluent reductions.

Effects of present law which this bill would alter

Adds a new 17-0513 and a new § 17-0709 to the Environmental Conservation Law.

Justification

Hydraulic fracturing (fracking) involves the high-pres- sure injection of millions of gallons of water and multiple chemicals into rock to stimulate the production of oil and gas. The hydraulic fluid often includes several different categories of chemicals includ- ing: proppants (to open fractures); acids (to clean up cement); break- ers (to reduce viscosity and enhance fluid recovery); bactericides/biocides (to prevent the growth of bacteria that could reduce the ability of the fluid to carry proppant); clay stabilizer (to prevent the formation of clays that could decrease permeability); corro- sion inhibitor (to reduce rust formation on steel tubing and tanks); crosslinkers (to increase fluid viscosity); friction reducers (to increase fluid flow); gelling agents (to increase viscosity); iron controls, scale inhibitors, and, surfacants (to aid fluid recovery). The resulting wastewater, commonly referred to as produced water, is highly salty and contains all of the residual chemicals. If not treated proper- ly at wastewater treatment facilities, those chemicals could enter the water supply.

In response to concerns about water contamination and the ability of treatment plants to properly handle fracking waste, Pennsylvania required drillers to stop taking such waste to the State's treatment facilities. This legislation would enact a similar prohibition until DEC is able to adopt protective treatment standards.

Prior legislative history

2012- A.7987-C: Ordered to third reading cal.52

Fiscal implications for state and local governments

None to the State.

Effective date

This act shall take effect immediately; provided, however, that section two shall take effect January 1, 2019.