BILL NUMBER:S7783

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 facilities 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.

EFFECTS OF PRESENT LAW WHICH THIS BILL WOULD ALTER:  Adds a new
17-0513 and a new § 17-0709 to the Environmental Conservation Law.
              

JUSTIFICATION:  Hydraulic fracturing (fracking) involves the high-pres-
sure injection of millions of gallons of water and multiple chemicals
into rock to stimulate the production of oil and gas. The hydraulic
fluid often includes several different categories of chemicals includ-
ing:  proppants (to open fractures); acids (to clean up cement); break-
ers (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); corro-
sion 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 chemicals. If not treated proper-
ly 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:  2012- A.7987-C: Ordered to third reading
cal.52

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:  None to the State.

EFFECTIVE DATE:  This act shall take effect immediately; provided,
however, that section two shall take effect January 1, 2019.