New York State should not be contaminating the environment
Press Release Contacts: Liz Moran, emoran@nypirg.org; Melissa Troutman, mtroutman@earthworks.org; Eric Weltman, eweltman@fwwatch.org
(Albany, N.Y.) Today, a coalition of environmental organizations released an analysis revealing that, despite New York’s ban on fracking, oil and gas liquid waste is permitted for deicing of roads for 33 different cities, towns, and private entities. This practice is ongoing despite New York’s recently adopted law that closes a loophole that once exempted oil and gas waste from being classified as hazardous waste. Oil and gas waste is known to contain constituents that can make the waste toxic and radioactive.
The analysis also revealed that since 1988, the New York State Department of Environmental Conservation (DEC) has issued 119 permits for road spreading of oil and gas waste, and the practice has primarily been permitted in central and western New York.
In 2017, DEC revised regulations regarding oil and gas waste and prohibited road spreading of waste from the Marcellus shale; however, the regulations still allow for road spreading of liquids from other oil and gas drilling operations for the purposes of deicing, dust control, and road stabilization.1 Any waste generated through the extraction of oil or gas can contain a number of pollutants, such as toxic chemicals, metals, excess salts, and carcinogens like benzene and radioactive materials.2
In light of these hazards, 15 New York counties and New York City (see page 3 for map) have banned this practice; however, spreading is still approved in Erie County despite their ban (see page 4 for map of road spreading locations). Environmental advocates are calling for Governor Cuomo and the DEC to follow the lead of these counties and ban this practice statewide.
“The data is clear that all oil and gas waste can contain radioactive materials,” said Melissa Troutman, Research and Policy Analyst at Earthworks. “Until testing of ‘brine’ wastewater includes analysis for radioactive materials, all spreading of oil and gas wastewater on roads in New York State must cease.”
Senator Rachel May said, “This year, we were finally able to end the loophole for fracking waste in New York state and demand that it be subject to the same hazardous waste treatment as everything else. Central New York and Upstate are home to some of the world’s most important fresh water resources. It is unconscionable to use harmful and potentially radioactive waste to treat icy roads, where it will then flow directly into our waterways. I urge the Governor and the DEC to protect our water by banning this practice across the state.”
“New York has proven itself a champion of environmental protection and fighting climate change. However, the waste that comes from oil and gas extraction still being used to treat our roads during the winter months can contain hundreds of carcinogenic and radioactive chemicals that can seep into fragile ecosystems and could even contaminate our drinking water. That’s why Albany County banned the practice years ago, with a vote that crossed party lines,” said Albany County Executive Daniel P. McCoy. “It’s time for the State to follow the science and follow suit to protect public health and our natural resources for future generations.”
Liz Moran, Environmental Policy Director for NYPIRG, said, “Road spreading of oil and gas waste has gone on in New York for far too long. It is well established that oil and gas waste contains contaminants that will leave, and likely already have, lasting damages on New York’s environment. New York made the right move to ban fracking – now those efforts must be matched with a ban on the dangerous practice of oil and gas waste road spreading.”
“New Yorkers shouldn’t be driving on toxic, radioactive oil and gas industry waste,” said Eric Weltman of Food & Water Watch. “Oil and gas waste threatens clean water and public health. Governor Cuomo should stop these permits and end this dangerous practice one and for all.”
“The scientific and medical community have documented and warned that waste from oil and gas drilling and storage sites contains toxic and radioactive pollutants that can bioaccumulate in the environment and in humans,” said Ellen Weininger, Director of Educational Outreach at Grassroots Environmental Education. “Road spreading of this waste for de-icing and dust suppression is a dangerous practice that should no longer be permitted by the NYS DEC. We strongly urge an immediate ban on road spreading oil and gas waste to protect our vulnerable water sources, agricultural lands and residents from certain contamination.”
“Toxic chemicals, metals, and known carcinogens have been found in waste produced through the extraction of oil and natural gas,” said Liz Ahearn, Conservation Analyst, Sierra Club Atlantic Chapter. “The spreading of this waste on roads poses major threats to water quality, public health, ecosystems, and the environment. The NYS DEC should immediately stop issuing permits allowing the spreading of oil and gas waste on our roads.”
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1 NYS DEC, “DEC Strengthens State’s Solid Waste Regulations,” September 20, 2017, https://www.dec.ny.gov/press/111459.html
2 Robert B. Jackson et al., The Environmental Costs and Benefits of Fracking, 39 ENVIRONMENT AND RESOURCES 327 (2014); U.S. GEOLOGICAL SURVEY, RADIUM CONTENT OF OIL AND GAS FIELD PRODUCED WATERS IN THE NORTHERN APPALACHIAN BASIN (USA): SUMMARY AND DISCUSSION OF DATA (2011), available at http://pubs.usgs.gov/sir/2011/5135/.
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Environmental groups mount campaign against use of brine as deicer in New York
From Peter Mantius, The Water Front Online, December 23, 2020
A coalition of environmental groups is mounting a campaign for a statewide ban on the spreading of brine from oil and gas wells on roads for deicing or dust control.
At least 33 cities, towns and private entities in upstate New York have state permits to spread liquid waste from oil and gas operations, according to a study released this week by NYPIRG, Earthworks, Food & Water Watch and others.
“This practice is ongoing despite New York’s recently adopted law that closes a loophole that once exempted oil and gas waste from being classified as hazardous waste,” the groups said Friday. “Oil and gas waste is known to contain constituents that can make the waste toxic and radioactive.”
State rules allow road-spreading of brine on a case-by-case basis, as long as the brine does not originate from a Marcellus shale well. Spreading of other drilling fluids and flowback water is also explicitly banned.
The state Department of Environmental Conservation determines whether oil and gas brine has a “beneficial use” as a road deicer or dust suppressor. Since 1988, the DEC has issued 119 permits to spread brine across upstate, including the Finger Lakes.
The DEC has even permitted spreading in Erie County, despite the fact that Erie is one of 15 counties — along with New York City — that has categorically banned all fracking waste.
The environmental groups call for Gov. Andrew Cuomo and the DEC to “follow the lead of these counties and ban the (road-spreading) practice statewide,” the groups said in a press release that accompanied their study.
“Any waste generated through the extraction of oil or gas can contain a number of pollutants, such as toxic chemicals, metals, excess salts, and carcinogens like benzene and radioactive materials,” the groups said.
“Until testing of ‘brine’ wastewater includes analysis for radioactive materials, all spreading of oil and gas wastewater on roads in New York must cease,” said Melissa Troutman, research and policy analyst at Earthworks.
A DEC spokesperson said the agency was reviewing the study. “Only production brine from conventional (non-hydrofracked) wells may be used on roads, and this use requires issuance of a case-specific beneficial use determination (BUD),” the DEC said Friday in a statement to WaterFront. “No material considered hazardous waste under DEC or federal rules can be approved under a BUD.”
Bills in the state Senate (S1858a) and Assembly (A596) would ban all oil and gas road-spreading. They have support from Sen. Rachel May (D-Syracuse), sponsor of the recent bill that closed the loophole that had long exempted the oil and gas industry’s waste from being classified as hazardous.
“It is unconscionable to use harmful and potentially radioactive waste to treat icy roads, where it will then flow directly into our waterways,” Ray said.
Typically, New York State relies on rock salt rather than brine to treat icy roads. The state leads the nation in the spreading of rock salt, both in total tonnage and tons per mile of state-maintained road. That practice has led to sometimes dangerous levels of sodium and chloride in lakes, rivers and private water wells, studies in Adirondack Park have shown.
In three recent years, New York State led the nation in tons of rock salt spread to deice state roads. Gov. Cuomo recently signed into law a bill that establishes a task force to find ways to reduce the salting of roads.
The DEC tightened its rules for applying brine to iced roads in 2017. Acknowledging that brine from the Marcellus shale formation is particularly prone to being radioactive, it banned the use of brine from Marcellus wells.
When the 2017 rule changes were proposed, some public commenters protested the Marcellus exclusion, while many others wanted the DEC to ban brine spreading entirely.
“The prohibition against use of production brine from the Marcellus Shale has no sound technical justification and is arbitrary,” one commenter wrote. “Furthermore, it will burden interstate commerce by preventing the use of production brine from other states in New York, a probable violation of the U.S Constitution Commerce Clause.”
The DEC responded: “Marcellus Shale brine is known to contain naturally occurring radiological constituents, and is of poor quality for road treatment use due to the presence of excessive, non- beneficial mineral constituents.”
Others complained that brines from various sources were often commingled before being spread on roads, blurring the distinction between Marcellus and non-Marcellus waste. And even the distinction between fracked and conventional (non-hydrofracked) wells was questioned.
“There are no ‘beneficial’ uses for drilling waste, regardless of whether the wastes are from “conventional” or fracked wells,” the commenter said. “This waste contains toxic chemicals, metals, excess salts, and carcinogens like benzene and radioactive material.”
One commenter called the spreading oil and gas brine on roads “a subsidy for out-of-state drilling interests.” Another wrote that the meager 50-foot buffer between brine spreading and state waters “elevates the value of roads over wetlands and water bodies.”
The DEC responded that it retained the 50-foot buffer “in recognition that brine use of necessity takes place on roads that pass near or over bodies of water.”
https://fingerlakes1.com/2020/12/23/environmental-groups-mount-campaign-against-use-of-brine-as-deicer-in-new-york/