The currently pending applications of the Hyland Solid Waste Landfill in the Town of Angelica in Allegany County, New York, to increase its waste acceptance rate brings to the forefront concerns about the environmental and health effects of shale gas drilling wastes going into solid waste landfills in New York. The issues raised by these applications are applicable to all solid waste landfills in the state and we encourage concerned citizens across the state to make comments on these applications.
The Hyland landfill is one of five permitted landfills in New York currently accepting various types of shale gas drilling wastes from Pennsylvania according to data released by the Pennsylvania Department of Environmental Protection (PA DEP). Some have estimated that as much as 30% of Pennsylvania’s shale gas drilling waste is coming to New York.
Two applications for permit expansions by the Hyland Landfill are currently pending before the NYS DEC. The first application is for an amendment to Hyland's solid waste management permit to increase the tonnage of accepted waste. The second application is for an amendment to Hyland's air emissions permit under to Article 19 (Air Pollution Control) of the NYS Environmental Conservation Law and Title V of the Federal Clean Air Act Amendments to allow for an increase in landfill gas emissions.
We suggest the following comments (submit your comments easily here):
1. Call for a public hearing
Ask that a public hearing be scheduled on the applications so that DEC staff can listen to the public's concerns and members of the public can hear each other's concerns. If the number and substance of public comments are significant, DEC is authorized to hold a public hearing.
2. Call for a SEQRA review of the radioactivity issues presented by taking shale gas wastes in solid waste landfills
Point out in your comments on the solid waste permit application that the negative declaration issued in November 2011 was inadequate because radioactivity issues were not considered and ask that the SEQRA review process be conducted again and that radioactivity issues be addressed.
Point out that the Pennsylvania Department of Environmental Protection (PA DEP) is currently conducting a comprehensive study of radiation exposures from oil and gas development and demand that the DEC do likewise. For more information about the Pennsylvania study, click here. For a collection of materials on radioactivity in gas drilling wastes, click here.
3. Call for a SEQRA review of the VOC air emission issues presented by taking shale gas wastes
Point out in your comments on the air permit application that the negative declaration issued in November 2011 was inadequate because the DEC concluded that no regulated air pollutants other than greenhouse gases would increase in significant amounts. However, there is insufficient information in the draft air permit and accompanying Permit Record to determine whether "major source" emissions are being generated under other CAA programs, and whether the emissions estimations model Hyland provided (the sole basis for DEC's conclusions) is proper.
Point out that volatile organic compounds (VOCs) and mercury can be stripped from gas drilling waste by methane and emitted as air pollutants, and the emission of these pollutants should be considered.
4. Call for the air emissions calculations to be corrected
Point out that the air emissions are incorrectly calculated in the application and ask for them to be recalculated. Point out that when the air emissions are correctly calculated, the proposed increased rate will constitute a major impact under the Clean Air Act, and a major impact evaluation must be conducted.
Comments are due July 21, 2013
Comments may be sent to Mary E. Hohmann, NYSDEC, 182 East Union Ste 3, Allegany, NY 14706, or by email to r9dep@gw.dec.state.ny.us. For more information see http://www.dec.ny.gov/enb/20130508_reg9.html#902320000300002.
Background
The NYS DEC is allowing solid waste and C&D landfills in New York to accept this waste despite the fact that the black shales that underlie New York and Pennsylvania are known to contain uranium, radium, radon and other radioactive elements.
Rather than examine the environmental and health hazards of allowing shale gas drilling waste in New York landfills, the NYS DEC instead claims that such disposals fall within the exemption in New York’s low level radioactive waste law for naturally occurring radioactive materials (NORM).
The PA DEP is currently conducting a comprehensive study of radiation exposures from oil and gas development. They are quantifying technologically enhanced naturally occurring radioactive material (TENORM) in:
• Ambient air;
• Drill cuttings (vertical and horizontal);
• Natural gas;
• Natural gas processing pipes and equipment;
• Waste water generated on drilling sites;
• Sludge resulting from the processing of waste water from the well pad development process;
• Landfill leachate, radioactivity levels of flowback waters, treatment solids, drill cuttings and drilling equipment, along with the transportation, storage and disposal of drilling wastes.
The NYS DEC must do likewise.
As a result of our concerns about the radiation hazards of shale gas drilling waste, on June 29th the Atlantic Chapter of the Sierra Club adopted a resolution calling on the DEC to adopt administrative rules and regulations to prohibit the deposit of gas drilling wastes in New York landfills that are not equipped to handle radioactive and other hazardous wastes.
This can be easily accomplished by properly classifying the shale gas drilling waste as TENORM rather than NORM. TENORM would be subject to the special disposal requirements of New York’s low-level radioactive waste law.
For an excellent discussion of the Hyland expansion applications and copies of the documents, see the website of attorney Gary Abraham
Take Action: Submit Comments to the DEC today!