The primary responsibility for regulating oil and gas activities within New York resides with the Bureau of Oil and Gas Regulation in the Division of Mineral Resources (Office of Natural Resources and Water Quality) of the New York State Department of Environmental Conservation (NYSDEC). Other offices and divisions within the NYSDEC administer other major environmental protection laws.

Contact

New York State Department of Environmental Conservation
Division of Mineral Resources
Bureau of Oil and Gas Regulation
625 Broadway, 3rd Floor
Albany, NY 12233-6500
(518) 402-8056 (phone)
(518) 402-8060 (fax)

Produced Water Management Practices and Applicable Regulations

Environmental conservation rules and regulations are contained in Title 6 of the Official Compilation of Codes, Rules and Regulations of the State of New York (6 NYCRR). The rules and regulations for oil, gas, and solution mining are provided in 6 NYCRR Parts 550–559. The NYSDEC's 1992 Final Generic Environmental Impact Statement on the Oil, Gas and Solution Mining Regulatory Program also provides guidance for related activities in the state.

• Brine or salt water may not be stored or disposed of except as follows, unless an alternative procedure is approved by the NYSDEC after written application and demonstration of good cause. Such approval may be granted on an administrative basis or after public hearing at the discretion of the NYSDEC.
  • Brine or salt water may be stored prior to disposition in any watertight tank or container. An earthen pit that is underlain by tight soil such as heavy clay or hardpan may be allowed, but only under limited circumstances. Where the soil underlying the pit is porous and/or is closely underlain by a gravel or sand stratum, impounding of brine or salt water in an earthen pit is prohibited unless the pit is lined with watertight material. All earthen pits must be constructed and maintained to prevent the escape of brine or salt water. The NYSDEC may condemn any pit that does not properly impound such water.
  • Brine or salt water may be disposed of by injection into the strata from which it is produced, or into other proved salt water or brine bearing strata. The application for such injection must be approved by the NYSDEC prior to injection. The injection operations must comply with all permits and conditions imposed by the NYSDEC. Well drilling and well conversion operations for the purpose of constructing an injection well require a permit from the Division of Mineral Resources. Casing and cementing requirements dictate that all injected fluids be contained within the wellbore and proposed injection zone. In addition to any required well drilling or conversion permit, the applicant must apply to the Division of Water for a State Pollutant Discharge Elimination System (SPDES) permit for discharge to groundwater as discussed below.

• The U.S. Environmental Protection Agency Region 2 administers the Safe Drinking Water Act Underground Injection Control Class II program for New York.

• New York State solid waste management regulations at 6 NYCRR Chapter IV Quality Services Subchapter B: Solid Wastes Parts 360–376 provide the authority by which the state (through the Division of Solid and Hazardous Materials) establishes standards and criteria for solid waste management operations, including landfilling and land application.

• New York State water resource regulations at 6 NYCRR Chapter X Division of Water Resources Subchapter A General Parts 649–750 provide the authority by which the state (through the Division of Water) establishes, among others, standards and criteria for the control of wastewater and stormwater discharges in accordance with the federal Clean Water Act.
  • Under New York State law, the program, which is known as the State Pollutant Discharge Elimination System (SPDES), is broader in scope than that required by the federal Clean Water Act: it controls point source discharges to groundwaters as well as surface waters. As noted above, in addition to any well drilling or conversion permit required by the NYSDEC Division of Mineral Resources, an applicant for an injection well, including any injection testing, must apply to the NYSDEC Division of Water for a State Pollutant Discharge Elimination System (SPDES) permit for discharge to groundwater. Maximum injection pressures and other operating parameters in the SPDES permit ensure fluid containment within the injection zone.