Senate Bill S4251A

                                BILL NUMBER:S4251A

TITLE OF BILL:

An act
to amend the environmental conservation law, in relation to requiring
treatment works to test waste from hydraulic fracturing operations to
test for radioactivity

PURPOSE:

To require treatment facilities to test for radioactivity in hydraulic
fracturing waste through the promulgation of regulations set forth by
the commissioner after hosting a public hearing.

SUMMARY OF PROVISIONS:

Section 1: Authorizes the commissioner to promulgate regulations in
requiring treatment facilities that handle wastewater to test for
radioactivity levels. In addition, identifies tests to be performed
on the water, including ingredients found within hydraulic fracturing
fluids. Finally, prohibits the acceptance, treatment or discharge of
hydraulic fractured produced waste.

Section 2: Effective date of bill.

              

JUSTIFICATION:

In late February/early March 2011, the New York Times published a
series of articles documenting the gas drilling industry. In one of
the featured articles, the Times discovered never-reported studies by
the Environmental Protection Agency and a confidential study by the
drilling industry that concluded radioactivity in drilling waste
cannot be fully diluted in rivers and other waterways. Perhaps if
Pennsylvania was aware of this, they would have enforced extra
precautions with handling wastewater and may have ultimately forgone
hydraulic fracturing activities.

The level of radioactivity in Pennsylvania's wastewater has sometimes
been hundreds or even thousands of times the maximum allowed by the
federal standard for drinking water, according to the Times. Most of
the 1.3 billion gallons of wastewater produced by Pennsylvania wells
over the past three years was sent to treatment plants not equipped
to remove many of the toxic materials in drilling waste. In addition,
10 to 40 percent of water sent down wells during hydraulic fracturing
activities return to the surface, carrying drilling chemicals,
including high levels of salts and natural occurring radioactive
materials. Federal
studies have shown consumed radioactive waste whether by drinking or
eating can cause cancer amongst other health problems.

What is most troubling is the inability of gas drilling regulators to
keep up with the gas drilling industry's treatment of ·wastewater.
One regulator feared the more oversight upon gas drilling companies,
the less willing they are perceived to report their mistakes.


Since federal and state regulators are allowing most sewage treatment
plants to accept drilling waste that has not been tested for
radioactivity, it is our intent - should New York State proceed with
issuing permits and allowing for hydraulic fracturing activity - to
impose a measure where treatment facilities that will handle
wastewater to test for radioactivity before discharging such water
into our rivers, which would ultimately supply New York State's
drinking water.

LEGISLATIVE HISTORY:

New bill.

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

This act shall take effect ninety days after becoming law.