What's happening
This bill requires New York wastewater treatment facilities to meet strict standards before accepting wastewater from hydraulic fracturing operations.
Why it matters
Protects Water Quality. By requiring that no pollutants—or the lowest feasible amount—are discharged from treatment of fracking wastewater, the bill aims to prevent contamination of New York’s waterways, drinking water, and ecosystems.
Sets a High Technological Bar. Facilities must use the best available control technology and methods to treat hydraulic fracturing wastewater, potentially driving technological innovation and investment in cleaner treatment processes.
Creates Flexibility for Future Federal Standards. The bill’s standards will automatically defer to any stricter federal regulations, ensuring that New York remains compliant with evolving national environmental protections.
Limits Facility Participation. Only treatment plants able to meet these strict requirements will be allowed to accept fracking wastewater, which could reduce the number of facilities able or willing to process this waste—potentially affecting the economics and logistics of hydraulic fracturing operations in or near New York.
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Who cares
Headline styles
Limit Fracking Wastewater Discharge
Plain English, a few words. Used as the page title.
Sponsors
2 Co-sponsors
History
- Referred to environmental conservation
- Referred to environmental conservation
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
279
2017-2018 Regular Sessions
IN SENATE (Prefiled)
January 4, 2017
Introduced by Sens. HOYLMAN, DILAN, KRUEGER, PERKINS -- 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 wastewater treatment facilities
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The environmental conservation law is amended by adding a new section 17-0513 to read as follows: § 17-0513. Standards of performance for wastewater facilities.
No wastewater treatment facility in the state shall accept any wastewater from hydraulic fracturing operations unless such facility meets the requirements established in section 17-0709 of this article.
§ 2. The environmental conservation law is amended by adding a new section 17-0709 to read as follows: § 17-0709. Wastewater treatment facilities.
Notwithstanding anything to the contrary contained in subdivision twenty-one of section 17-0105 of this article, the commissioner shall promulgate regulations establishing a standard of performance for the control of the discharge of pollutants from facilities which treat wastewater from hydraulic fracturing operations. This standard of performance shall permit no discharge of pollutants, or if not feasible, shall reflect the greatest degree of effluent reduction achievable through application of the best available demonstrated control technology, processes, operating methods, or other alternatives. This standard of performance shall remain in effect until such time that the federal government determines that a greater degree of effluent limitation is achievable by this category of facilities, at which time this standard of performance shall be superseded by such federal standard.
§ 3. This act shall take effect immediately; provided, however, that section two of this act shall take effect January 1, 2022.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05114-01-7
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
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.45-A of 2015-2016 (Hoylman): Died in Environmental Conservation A.6836-A of 2015-2016 (Englebright): Died in Environmental Conservation S.7783 of 2014 (O'Brien): Died in Environmental Conservation A.5464-A of 2013-2014 (Sweeney): 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, 2022.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.