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Fracking’s Existing Danger in New York

Gas drilling using high volume horizontal hydraulic fracturing (fracking) produces substantial amounts of potentially dangerous waste and, if it goes ahead, proposed new state regulations will circumscribe how waste is treated. However, about 5,900 small volume gas wells that use vertical fracking produce less waste, but it is virtually unregulated with respect to waste disposal. A recent study by Environmental Advocates of New York looks at the problems with how waste water is currently disposed and makes recommendations to fix those problems.

Findings

The key findings are

  • Existing laws and regulations do not require companies to report specifically what waste they create, what its chemical constituents are, and how it is disposed.
  • Fracking waste is highly toxic, has two to six times the level of salt as salt water, and may contain radioactive elements. All fracking waste should be treated as hazardous.
  • Disposition regulations proposed for high volume fracking will not, but should, apply to low volume operations as well.

Hydraulic fracturing produces two kinds of waste. The fracturing process itself involves injecting water mixed with sand and chemicals into the ground under high pressure to break up the underlying rock to release gas. When the pressure is released, the fracking fluid flows back up (called flowback). Subsequently, water (called produced water) may come up with the gas.  The flowback will contain the original chemicals used. Produced water and flowback will also contain other chemicals, including heavy metals, which are toxic; known and potential carcinogens and an endocrine disruptor precursor; brine; and potentially radioactive elements.

Right now these are not considered nor treated as hazardous waste under New York State law and regulations.

The Problem of Disposal

According to the study, we do not, in fact, know how waste is disposed. Municipal waste treatment plants (except the Auburn Waste Treatment Plant) are not designed to remove fracking chemicals, salts, toxic chemicals, and radioactive materials and many have stopped receiving such shipments. Waste water can also be spread on road and used for dust suppression or deicing, or simply for disposal.  According to the study, “[b}ased on conversations with DEC staff, it is suspected that road spreading is how the majority of the state’s current fracking waste is being disposed.” Of course, this waste water runs of into ditches, streams, and, potentially, into aquifers.

Based on a New York Times article, recycling may account for 20 to 65 percent of produced water. In addition, deep injection into disposal wells is also used, but earthquakes in Ohio and Arkansas raise obvious questions about that method. Only one of New York’s six injection wells allows fracking waste and it is used exclusively by the company that owns it.

Recommendations

The report makes four recommendations.

  • Apply all new regulations to existing wells.
  • Require drillers to test for toxicity and treat toxic waste as hazardous.
  • Prohibit disposal in all municipal waste treatment facilities.
  • Prohibit disposal by spreading on roads.

These recommendations make sense and, because these are already permitted facilities, there is little likelihood that they could be easily shut down.  However, if there is an indefinite moratorium or ban on high volume fracking, the proposed new regulations should be imposed on these low volume operations in any case.