Albany – Legislators and environmental
organizations called on Governor Andrew Cuomo to complete his commitment to ban
fracking, and to protect New York’s clean water, by directing his Department of
Environmental Conservation (DEC) to ban disposal and road spreading of waste
from oil and gas operations. The urgent call for action comes as today is the
deadline for public comment on draft regulations for DEC to enact such a ban –
just days after DEC Commissioner Basil Seggos told
legislators at a hearing on water quality and contamination issues
that New York does not accept such waste, despite evidence existing to the contrary.
Currently, due to a longstanding
loophole in state regulations, waste associated with oil and gas operations are
not classified as “hazardous” and not subject to the stringent public safety
standards it should be. Consequently, to date, nearly 600,000 tons of solid
fracking waste and more than 23,000 barrels of liquid fracking waste has ended
up in New York landfills. Additionally, portions of 41 municipalities
in the state are spreading liquid oil and gas waste from low-volume fracking
operations on roads as a deicer.
September 13 Deadline
The groups and legislators issued their
call as part of comments on proposed changes to the state’s regulations
covering waste (known at the part 360 regulations). The DEC is accepting
comments on the proposed regulation through today. The draft proposed
regulations strengthen safety standards, but fail to close the loophole or ban
this waste.
Fracking waste can contain hundreds of
chemicals, including known and suspected carcinogens, as well as
naturally-occurring radioactive materials like radium-226, radium-228, and
radon, which can leach into local drinking water supplies. New York’s wastewater
treatment plants are not equipped to ensure the water is free of these
contaminants before it is dumped back into local waterways.
20 state Senators have
written the Cuomo Administration urging them to ban out-of-state fracking
waste; a coalition of Assemblymembers, led by David Buchwald (D-White Plains),
has also filed comments in support of a ban.
Liz Moran, water & natural resources
associate for Environmental Advocates of New York said, “Communities across the
state are reeling from drinking water that is making people sick due to an
aging infrastructure and inadequate regulations on industry. The acceptance of
fracking waste is another example where New Yorkers’ health is compromised. The
state banned fracking because of the dangers – those dangers include fracking
waste. We urge the Governor and his team to complete their work by prohibiting
all oil and gas waste from disposal in landfills and from being spread on
roads.” Moran is the author of License to Dump.
Senator Liz Krueger (D-Manhattan) said, “When
we banned fracking, New York State became a national leader in protecting the
health and well-being of our people. But in spite of the ban, fracking waste is
still pouring into our state, threatening our land and water, and putting New
Yorkers at risk. We shut the front door on fracking, but we left the side door
wide open. The hazardous waste loophole must be closed, and it cannot happen
soon enough.”
Assemblyman David Buchwald (D-White
Plains) said, “In order to protect public health and
water quality, the Department of Environmental Conservation needs to account
for the health and environmental risks of fracking waste as part of its
upcoming revision of regulations. We should not be allowing fracking
waste, from out of state, to be disposed in New York landfills or used as a
de-icing agent on our roads. Now is the time for the DEC to act.”
Senator Brad Hoylman (D-Manhattan) said,
“Two years ago, based on growing concerns over potential health hazards,
Governor Cuomo took the bold step of banning high-volume hydraulic fracturing,
or hydrofracking, throughout our state. Today, because of a loophole in New
York’s hazardous waste law, we risk of out-of-state hydrofracking waste finding
its way into our landfills. As DEC strengthens its solid waste management
regulations, I hope they'll take additional steps to protect New Yorkers from
potentially carcinogenic and radioactive material from fracking waste. I thank
Senator Krueger for her leadership in bringing attention to this issue and look
forward to working with DEC and my colleagues to strengthen New York's
environmental protections.”
Nadia Steinzor, eastern program
coordinator for Earthworks said, “The only sure way to keep the toxins and
radioactivity in oil and gas waste out of our water is to keep it out of
landfills and off roads. DEC and the industry keep saying the waste is being
properly managed, but gaps in regulations and facts on the ground show the
opposite.”
Mike Dulong, staff attorney for
Riverkeeper said, “When New Yorkers submitted over 260,000 comments in
opposition to fracking, they sent a strong message to Governor Cuomo that our
great State should not be the dumping ground for the oil and gas industry.
Since the fracking ban took effect, 20 counties from Erie to New York City have
recognized the threat oil and gas wastes still pose and took historic action to
ban irresponsible disposal practices. It is time for the State to finish the
job and mandate that all oil and gas wastes are disposed of properly.”
New York City recently became the first city in the nation
to ban fracking waste and prohibit all waste from oil and gas operations, while
the Environmental Protection Agency (EPA) banned liquid fracking waste,
which is used as a road-spreading deicer, from being treated at wastewater
treatment plants. Due to the state’s inaction, 20 New York counties have banned
fracking waste, including Albany, Clinton, Erie, and Westchester.
Source: Environmental
Advocates of New York
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