What's happening
This bill sets strict new standards for New York wastewater treatment facilities accepting hydraulic fracturing wastewater, prohibiting pollutant discharges unless federal standards are stricter.
Why it matters
Protects New York waterways from potential contamination. by requiring the strictest available treatment standards for wastewater from hydraulic fracturing ("fracking"), an industry known for producing water containing hazardous chemicals.
Prevents regulatory loopholes. by mandating that no facility can accept fracking wastewater unless it meets these heightened state standards, closing potential gaps that might allow less regulated disposal routes.
Creates a regulatory “floor” that cannot be weakened at the state level. the only way the standards can be superseded is if the federal government enacts even stricter controls, ensuring ongoing strong protections.
Could impact the economics of fracking waste disposal. by potentially increasing costs for oil and gas operators, which may reduce the volume of this waste sent to New York facilities or incentivize safer, more advanced treatment technologies.
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Who cares
Headline styles
Toughen Fracking Wastewater Rules
Plain English, a few words. Used as the page title.
Sponsors
1 Co-sponsor
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
1474
2019-2020 Regular Sessions
IN SENATE
January 15, 2019
Introduced by Sens. HOYLMAN, KRUEGER -- 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, 2024.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07335-01-9
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 facili- ties 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.
Justification
Hydraulic fracturing (fracking) involves the high-pressure injection of millions of gallons of water and multiple chemicals into rock to stimu- late 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 chemi- cals. 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.279 of 2017-2018 (Hoylman): Died in Environmental Conservation 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.