NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A7013
SPONSOR: Sweeney TITLE OF BILL: An act to amend the environmental conservation law, in
relation to the uniform treatment of waste
PURPOSE: To require hazardous wastes produced from oil and natural gas
activities to be subject to the requirements for treatment of hazardous
wastes.
SUMMARY OF 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 activ-
ities as hazardous waste, if such waste meets the definition of hazard-
ous 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 Depart-
ment of Environmental 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.
LEGISLATIVE HISTORY: This is new legislation.
FISCAL IMPLICATIONS: None to the State.
EFFECTIVE DATE: This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
7013
2011-2012 Regular Sessions
IN ASSEMBLY
April 8, 2011
___________
Introduced by M. of A. SWEENEY -- read once and referred to the Commit-
tee on Environmental Conservation
AN ACT to amend the environmental conservation law, in relation to the
uniform treatment of waste
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 27-0903 of the environmental conservation law is
2 amended by adding a new subdivision 4 to read as follows:
3 4. Uniform treatment of waste. All waste resulting from the explora-
4 tion, development, extraction or production of crude oil or natural gas,
5 including but not limited to drilling fluids and produced waters, shall
6 be considered hazardous waste under the law of this state and subject to
7 all pertinent generation, transportation, treatment, storage, and
8 disposal laws and regulations, if such waste meets the definition of
9 hazardous waste set forth in subdivision three of section 27-0901 of
10 this chapter. Within six months from the effective date of this subdivi-
11 sion, the department shall make all necessary changes to bring its regu-
12 lations into compliance with this section.
13 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD10766-01-1
