NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A6859
SPONSOR: Englebright TITLE OF BILL:
An act to amend the environmental conservation law, in relation to the
uniform treatment of waste
PURPOSE OR GENERAL IDEA OF BILL:
To require hazardous wastes produced from oil and natural gas activities
to be subject to the requirements for treatment of hazardous wastes.
SUMMARY OF SPECIFIC PROVISIONS:
Section one of the bill amends section 27-0903 of the Environmental
Conservation Law to add a new section that would classify all waste
resulting from oil or natural gas production activities as hazardous
waste, if such waste meets the definition of hazardous wastes set forth
in the Environmental Conservation Law. This section also directs the
Department of Environmental Conservation to make all necessary changes
to bring its rules and regulations into compliance.
Section two contains the effective date
JUSTIFICATION:
Currently, the regulations promulgated by the Department of Environ-
mental Conservation that govern the waste produced by the oil and
natural gas industries exempt "drilling fluids, produced waters, and
other wastes associated with the exploration, development or production
of crude oil, natural gas or geothermal energy" from being regulated as
hazardous waste. This exemption is in place despite the fact that the
waste resulting from the exploration, development, extraction and
production of crude oil and natural gas may be hazardous in many
instances.
This legislation would supersede that regulation and ensure that when
waste from these operations meets the definition of hazardous waste,
that it be treated in a manner consistent with other hazardous wastes.
Failure to properly classify waste that meets this threshold could pres-
ent a real danger to public health and the environment. If not treated
properly, hazardous waste can, among other concerns, lead to contam-
inated air, drinking water, soil, and food. There is no compelling
reason why waste produced from oil and natural gas activities that meets
the definition of hazardous waste, should not be subject to the same
laws regarding generation, transportation, treatment, storage and
disposal as other hazardous wastes.
PRIOR LEGISLATIVE HISTORY:
2014: A1046 - advanced to third reading cal.636
2012: A.7013 - Passed Assembly
2011: A.7013 - Passed Assembly
FISCAL IMPLICATIONS:
None to the State.
EFFECTIVE DATE:
This act shall take effect immediately.
