Creates the High-volume Hydraulic Fracturing Waste Tracking Program

BILL NUMBER:S4451

Title of bill

An act to amend the environmental conservation law, in relation to creating the "High-volume Hydraulic Fracturing Waste Tracking Program"

Purpose

To establish a tracking program for liquid and solid waste associated with natural gas production where high-volume hydraulic fracturing is utilized.

Summary of provisions

Section 1 amends article 23 of the environmental conservation law by adding a new title 25 which establishes a high-volume hydraulic fracturing waste tracking program. Such program shall: (a) provide for the tracking of the transportation of liquid and solid waste associated with the production of natural gas where high-volume hydraulic fracturing is utilized; (b) include a system for providing the generator with assurance that the materials were treated or received by the receiving facility; (c) use a uniform form or forms for tracking; (d) require the generator to deliver a copy of the manifest form to the department when the shipment leaves their facility site; (e) require receiving facility to deliver a copy of the manifest form to the department when the shipment arrives at the receiving facility; (f) use a computer system to maintain a record of data from the manifests and track the movement of liquid and solid waste; and (g) display data records on the department's website.

Section 2 provides the effective date.

Justification

The solid and liquid wastes associated with high-volume hydraulic fracturing present a potential threat to the environment and public safety should they be discharged or disposed of improperly. Strict oversight by the Department of Environmental Conservation as well as public transparency is necessary to ensure that these materials are accounted for and properly transported from "cradle to grave." This bill would require the department to use a robust tracking system similar to that which is used for hazardous waste. This would require waste generators and receiving facilities to send a copy of the manifest form to the department, which will use a computer system to maintain data records and track the wastes. These records would be available to the general public on the department's website.

Legislative history

2013-14: S. 4657 Environmental Conservation / No Same As 2011-12: S. 6892 Environmental Conservation / A. 10211 Environmental Conservation

Fiscal implications

To be determined.

Effective date

This act shall take effect immediately.