7/31/2019 Avella fracking bill

1/1

353 Hamilton Street, Albany, New York 12210 Tel 518.462.5526 Fax 518.427.0381 www.eany.org

Printed with soy ink on 100% post-consumer chlorine and acid free recycled paper manufactured with wind power.

A.7013 (Sweeney, et al.)

S.4616 (Avella, et al.)

SummaryThis bill would make all hazardous waste produced from oil and gas drilling subject to the same

regulations for hazardous waste generation, transportation, treatment, storage, and disposal that

apply to other industries operating in New York.

ExplanationThe oil and gas industry is currently exempt from New York State laws governing hazardous waste

transport and disposal. Even though a great deal of the wastewater generated by dirty gas drilling

(fracking) meets the state denition of hazardous, its not treated as such. Fracking chemicals

arrive at the drilling site often as regulated hazardous materials, but federal and state exemptions

allow drillers that pump these harmful chemicals into the ground to treat the wastes that come back

up as standard industrial waste.

Carcinogenic benzene, toluene, and formaldehyde are common frack uid ingredients and the

returning owback water also brings up naturally occurring salts, heavy metals, and radioactive

particles. Fracking wastewater that enters local sewage treatment plantssometimes with radiation

levels hundreds of times the safe limits for drinking watergoes right back into the rivers and

streams that supply water to millions of people. New York is already receiving drilling wastes

from operations in Pennsylvania. And with Pennsylvanias recent decision to ship most of its

wastewaters out of state, the pressures on New York to accept these wastes are likely to increase.

Although there has been a de facto moratorium on drilling horizontal gas wells in New York since

2008, the NYS Department of Environmental Conservation (DEC) has issued permits for nearly

1,000 new vertical oil and gas wells, of which 90 percent have used the fracking process. Only the

industry knows for sure if these hazardous wastes were handled and treated properly.

Closing the hazardous waste loophole will create extra safeguards to avoid accidents andensure proper waste treatment. It will also ensure also fracking wastes stay out of municipal

water treatment plants and the waterways that provide drinking water, opportunities for outdoor

recreation, and habitat for wildlife.

Environmental Advocates of New York strongly supports this bill.Memo 1

Key to Legislative Ratings: Major Benet Substantial Benet Benecial

SUPPORTS