While achieving the fracking ban was a major victory, further action is needed to protect New York’s sustainable economic drivers from the impacts of continuing disposal of oil and gas waste. Did you know NYS has accepted over 500,000 tons of fracking waste from Pennsylvania since 2010? Did you know that NYS law specifically exempts waste from the oil and gas industry from the definition of hazardous and industrial waste? Did you know that NYS allows low-volume oil and gas extraction waste to be spread on our roads for de-icing and dust control? Register for this free webinar, hosted by Riverkeeper and the New York State Sustainable Business Council to learn more about the facts on gas and oil field waste disposal in New York, the implications for New York businesses, and what you can do to protect your community. - See more at: http://www.riverkeeper.org/news-events/events/webinar-fracking-waste-new-york-a-business-perspective/#sthash.TFZomUFx.dpuf

1. Fracking Waste in New York:
A Business Perspective
June 8, 2015
Presented by:

2. Laura Ornstein
Coordinator, NYS Sustainable Business Council
Laura has been leading the development of the
NYS Sustainable Business Council since 2013, and
has helped coordinate business-oriented policy
campaigns in New York, Ohio and at the national
level since 2012. She was one of the primary
leaders in organizing NYS businesses in favor of
the successful statewide ban on fracking.
Previously she has helped with outreach and
education for the Northeast Organic Farming
Association of New York and Chefs for the
Marcellus. Laura has lived in five counties across
the state, and has enjoyed getting to know the
business communities from central to western to
southern New York. She is currently based in the
Hudson Valley.
Email: Laura@nyssbc.org

3. • The New York State Sustainable Business Council (NYSSBC) is an
alliance of business organizations and businesses committed to
advancing a vibrant, just, and sustainable economy in the state.
• NYSSBC builds the voices of business leaders to advocate for public
policy designed to build strong local economies, prioritize
investment and innovation in clean technologies from green
chemistry to renewable energy sources, and advance the
development of sustainable communities in New York State.
• NYSSBC organizes opportunities for forward-thinking business
leaders to share their values with elected officials and the
media. The result is a stronger voice on public policy, and greater
exposure and publicity for your business.

4. Misti Duvall
Staff Attorney, Riverkeeper
Misti is a Staff Attorney with Riverkeeper’s NYC
Watershed Program, where her work focuses on
protecting the drinking water supply of nine million
New York City and Hudson Valley residents.
Prior to joining Riverkeeper, Misti was a Senior Staff
Associate with the National Association of Clean Air
Agencies, where she served as a liaison for state
and local air pollution control agencies at the
federal level. Before that, she spent three years
working with organizations, including EarthRights
International and Burma Rivers Network, to combat
destructive oil, natural gas, and dam projects in
Southeast Asia. Misti also represented Riverkeeper
and other organizations as a student and Teaching
Assistant in the Columbia Environmental Law
Clinic. She is a graduate of the University of
Tennessee and Columbia Law School.
Email: mduvall@riverkeeper.org

5. • Riverkeeper is a member-supported watchdog organization
dedicated to defending the Hudson River and its tributaries and
protecting the drinking water supply of nine million New York City
and Hudson Valley residents.
• Since 2008, Riverkeeper has been actively involved in public
education, advocacy, and litigation surrounding the issue of shale
gas extraction, particularly because of the potential impacts on New
York State’s drinking water supplies.
• Riverkeeper maintains a website, The Facts about New York and
Fracking Waste, dedicated to providing information about fracking
waste and support for New York communities interested in
prohibiting improper reuse and disposal of this waste within their
borders.

6. We will review:
• Fracking waste: what it is, where it comes
from, and why we are concerned about it.
• Common reuse and disposal practices in New
York.
• Risks to the environment, public health, and
businesses.
• State and local level legislation.
• Actions you can take.

8. Waste from oil and natural gas
extraction includes:
• Flowback water (or flowback fluid)
– Fracking fluid that returns to the surface after a well is fracked, consisting
of 10-40% of the injected fluids and chemicals, as well as an increasing
proportion of natural brines.
• Produced water (or production brine)
– Wastewater that flows to the surface during well production, reflecting
the chemistry and composition of deep formation waters. Brines vary
from saline to hypersaline, can be up to 4 times saltier than seawater, and
can contain toxic levels of contaminants such as benzene, barium, arsenic,
and naturally occurring radioactive materials.
• Drill cuttings and drilling muds
– Soil, rock, and other solid materials that are removed when a well is
drilled. Drilling muds are used to lubricate a drill bit and facilitate well
drilling. These materials can contain contaminants that are present in the
formation including benzene and naturally occurring radioactive materials.

10. • Fracking waste from Pennsylvania sent to New York
for disposal
– More than 500,000 tons and 23,000 barrels, and counting.
– Based on information reported to the Pennsylvania
Department of Environmental Protection and made
available via the PA DEP Oil & Gas Reporting Website.
• Waste from conventional, low-volume oil and gas
extraction in New York
– Though high-volume fracking is banned, New York must
dispose of waste from its conventional, low volume wells.
– More than 12,000 active oil and natural gas production
wells in New York State as of 2013.

11. Hazardous waste loophole creates an
uneven playing field for NY business
• Oil and gas industry waste excluded from
hazardous waste definition:
– “The following solid wastes are not hazardous wastes
… drilling fluids, produced waters, and other wastes
associated with the exploration, development, or
production of crude oil, natural gas.” 6 NYCRR §
371.1(e)(2)(v).
• Cushion for the oil and gas industry.
– Industry escapes real costs of waste disposal.
– Unfair advantage:
• Non exempt businesses could be held to tougher rules for
waste disposal.

12. Disposal and reuse of oil and gas
industry waste in NYS
• Several off-site reuse and disposal methods for waste from
oil and natural gas extraction operations, including:
– Landfill disposal
• Due to the hazardous waste loophole, solid waste management
facilities in NY may accept fracking waste, regardless of whether it
would meet the definition of hazardous waste.
– Wastewater treatment facilities
• Landfill leachate can be sent to wastewater treatment facilities
unequipped to handle contaminants in fracking waste, which may
then be discharged into receiving waters.
– Road spreading
• Use of conventional, low-volume oil and gas extraction waste and
natural gas storage waste on roads for de-icing and dust control.
• Waste spread on roads can run off into adjoining property and
receiving waters.

13. PA Unconventional Drilling Waste Disposal in NYS, 2011-14
By Karen Edelstein, FracTracker
http://www.arcgis.com/home/item.html?id=8bd41c4a84e446269b8e4b136aa5b633

14. • NY landfills accepting PA waste:
– Casella Waste Systems, Painted Post, NY (2010 –
present)
– Chemung County Landfill, Lowman, NY (2010 –
present)
– Hyland Facility Association, Angelica, NY (2010 – 2013)
– Allied Waste Systems, Niagara Falls, NY (2010 – 2013)
– Seneca Meadows Landfill, Waterloo, NY (2010 – 2011)
– PA waste also sent to Environmental Products and
Services storage facility in Syracuse, NY (2013 – 2014)
• Landfill leachate sent to nearby wastewater
treatment facilities

15. Use of production brine for
road spreading
• With the required approval, production brine from conventional,
low-volume fracking and brine from natural gas storage is currently
allowed to be spread on New York roads for de-icing, dust control,
and road stabilization purposes.
• Riverkeeper submitted Freedom of Information Law requests road
spreading approvals granted from mid 2011 to early 2014.
– Road spreading approved in portions of at least 41 municipalities in 9
western New York counties: Wyoming, Erie, Cattaraugus, Chautauqua,
Genessee, Niagara, Seneca, Allegany, and Steuben.
– New York State Department of Transportation Regions 4 and 6 have
received approval to spread this brine on state roads in portions of 10
counties: Genessee, Orleans, Wyoming, Monroe, Livingston, Steuben,
Allegany, Chemung, Schuyler, and Yates.
– Associated test results showed excessive levels of chloride (salts) in
both natural gas production brine and brine from natural gas storage
facilities. Presence of benzene and toluene in brine from oil
production wells and natural gas storage.

16. Common Contaminants in
Fracking Waste
• Chemical additives, such as ethylene glocol,
napthalene, and sulfuric acid
• Metals and organic compounds
• BTEX – benzene, toluene, ethylbenzene, xylene
• Salts or total dissolved solids
• NORM – naturally occurring radioactive materials
• For further info:
– US Environmental Protection Agency
– US Geological Survey
– Environmental Health Perspectives
– Natural Resources Defense Council

17. Potential impacts to worker health
• Exposure to contaminants in fracking
waste could harm public health. For
example:
– Benzene: carcinogen, linked to blood
disorders such as anemia
– Toluene: linked to nervous system,
kidney, and liver problems
– Barium: linked to gastrointestinal
disturbances, muscle weakness, paralysis
– NORM (radium-226, radium-228):
carcinogen, linked to blood disorders
• When workers are sick or worrying
about a sick family members,
productivity decreases and
absenteeism increases, both of which
are costly for businesses.

18. Risks to NY economic drivers
• Prominent economic drivers include agriculture, tourism,
food and beverage production, and outdoor recreation
– Clean water, air, and soil vital commodities
– Improper reuse and disposal of fracking waste risks
contaminating soil and water resources – once contaminated,
very difficult to reverse
– Report of livestock illness and death due to fracking fluid
exposure
• Mere presence of waste disposal near food and beverage
producers can threaten consumer confidence
– Consumers questioning whether or not a product is safe can be
enough to cause damage
– Consumers avoiding food from parts of PA
– Concerns about use of fracking wastewater for irrigation in CA
– Organic farm closed due to concerns about chemicals in fracking
waste

19. State and local level legislation
• State legislation:
– Hazardous Waste Loophole Bill (S.884 /
A.6859)
– Disposal Ban Bill (S.340 / A.130)
– Road Spreading Ban Bill (S.48 / A.211)
• Local legislation:
– At least 15 NY counties have banned
improper fracking waste reuse and/or
disposal
– Bans in Albany, Rockland, Putnam,
Westchester, Orange, Ulster, Oneida,
Tompkins, Nassau, Suffolk, Erie,
Onondaga, Schoharie, Clinton, Cayuga
– Riverkeeper model legislation

20. Take Action!
• Help us support passage of the Hazardous Waste
Loophole Bill
– Contact your state representative: Riverkeeper Action Alert
– Write an op-ed in support of the bill
• Use information from Riverkeeper blog post
• Contact Laura for help drafting and submitting
– Fracking Waste Wednesdays
• This week: June 10
• Use social media to express your support for closing the hazardous
waste loophole
• #NoFrackWaste
• Support passage of a local ban in your community
– Riverkeeper model ban and example county bans
– Contact Misti with questions and requests for support

21. For further information…
Laura Ornstein
laura@nyssbc.org
www.nyssbc.org
Misti Duvall
mduvall@riverkeeper.org
www.riverkeeper.org

22. Questions?