The League of Women Voters of NYS, with avid input and inspiration from DCS Director Barbara Arrindell and member Marge Schab, pushed for this legislation from its introduction in 2011 until this year when it passed.

The logic was to address the proper characterization of the waste as hazardous (instead of industrial) first and address a ban on the waste altogether second (the waste ban bill is still out there) because banning the toxic radioactive waste currently brought into NY landfills from PA (and possibly other states) would involve interstate commerce and therefore more challenging hurdles. Now that the waste is labeled as hazardous, it should no longer go to landfills which are not set up to accept hazardous waste.

Ensuring the “proper treatment and disposal” of the hazardous waste will be on us to learn and act upon.

Determining there is no safe/economic way to treat and properly dispose of this hazardous waste will strengthen the case for a speedy ban, which we have to advocate for in any event.

This is the “long game” that DCS has been playing since 2008. It shows that, if we keep fighting, we can win.

Note: DCS was instrumental in passing a ban on the use and disposal of frack waste in NYC in 2016 (read DCS comments here). This was a precursor to the NYS classification of frack waste as hazardous.

GOVERNOR CUOMO SIGNS LEGISLATION REGULATING OIL AND GAS RELATED WASTE

Governor Andrew M. Cuomo signed legislation (S3392/A2655) regulating waste from oil or natural gas in New York as hazardous waste.

“New York has taken an aggressive approach to protecting our natural resources by banning hydrofracking and advancing a nation-leading environmental agenda that is accelerating our transition to a carbon-neutral green economy,” Governor Cuomo said. “As we do everything possible to reduce our reliance on polluting fossil fuels, we have to make every effort to diminish the impact of the hazardous waste they produce and by signing this legislation we are enacting smart, necessary regulations that will protect both our environment and New Yorker’s health.”

Senator Rachel May said, “Central and Upstate New York are home to precious freshwater resources that our advocates have spent years fighting to protect against dangerous fracking waste. Today, New York takes another step forward as an environmental leader. I am incredibly proud that my colleagues in the Senate and Assembly have closed this dangerous loophole that has put our waterways and our health in jeopardy, and I thank Governor Cuomo for signing this bill into law.”

Assemblymember Steve Englebright said, “New York State has often had to step up when the federal government falls short, especially when it comes to environmental protection. New York is a leader in this regard, and I’m proud to sponsor legislation to close a huge loophole in how hazardous waste produced by the oil and gas industry is regulated. I wish to thank Governor Cuomo for signing this legislation into law.”

All such waste will be subject to current State law regulating the transportation, treatment, storage and disposal of hazardous waste. The legislation goes into effect immediately.

New York Ban on Fracking in FY 2021 Enacted Budget
In April, Governor Cuomo signed the FY 2021 Enacted Budget which codified the Governor’s 2014 ban on the Department of Environmental Conservation approving permits that would authorize an applicant to use high-volume hydraulic fracturing as a means to complete or recomplete a well. The budget also included a moratorium on future gelled propane hydrofracking applications until the DEC can conduct an analysis of the impacts of this completion method. This will protect the health of New Yorkers and permanently ensure that our environment is not harmed by this practice.