Relates to standards of performance for wastewater facilities

3 Co-sponsors

• Martin Malavé Dilan
• Liz Krueger
• Bill Perkins

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 Conservation (DEC) to promulgate regulations establishing a standard of performance for the discharge of pollutants from facilities that treat wastewater 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.

Justification

Hydraulic fracturing (fracking) involves the high-pressure 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 including: proppants (to open fractures); acids (to clean up cement); breakers (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); corrosion 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 properly 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

S.7783 of 2014 (O'Brien): Died in Environmental Conservation A.5464-A of 2013-2014: Advanced to Third Reading Calendar

Fiscal implications

None

Effective date

This act shall take effect immediately; provided, however, that section two shall take effect January 1, 2021.