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General Assembly Raised Bill No. 753
January Session, 2019
LCO No. 3363
Referred to Committee on ENVIRONMENT
Introduced by:
(ENV)
AN ACT CONCERNING TH E STATE-WIDE BAN ON FRACKING
WASTE.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Section 22a-472 of the general statutes is repealed and the 1
following is substituted in lieu thereof (Effective from passage): 2
(a) For the purposes of this section: 3
(1) "Dispose" means the discharge, deposit, injection, dumping, 4
spilling, leaking or placing of any waste into or on any land or water so 5
that such waste, or any constituent of such waste, may enter the 6
environment, be emitted into the air or discharged into any waters of 7
the state; 8
(2) "Fluid" means any material or substance that flows or moves 9
whether in semisolid, liquid, sludge, gas or any other form or state; 10
(3) "Gas" means all natural gas, whether hydrocarbon or 11
nonhydrocarbon, including, but not limited to, hydrogen sulfide, 12
helium, carbon dioxide, nitrogen, hydrogen and casinghead gas; 13
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(4) "Hydraulic fracturing" means the process of pumping a fluid into 14
or under the surface of the ground in order to create fractures in rock 15
for exploration, development, production or recovery of gas, oil and 16
other subsurface hydrocarbons. "Hydraulic fracturing" does not 17
include the drilling or repair of a geothermal water well or any other 18
well drilled or repaired for drinking water purposes; 19
(5) "Person" means any individual, firm, partnership, association, 20
syndicate, company, trust, corporation, limited liability company, 21
municipality, agency or political or administrative subdivision of the 22
state; 23
(6) "Radioactive materials" means any material, solid, liquid or gas, 24
including, but not limited to, waste that emits ionizing radiation 25
spontaneously; 26
(7) "Store" means holding waste for a temporary period, at the end 27
of which the waste is treated, disposed of or stored elsewhere; 28
(8) "Transfer" means to move from one vehicle to another or to 29
move from one mode of transportation to another; 30
(9) "Treat" means any method, technique or process designed to 31
change the physical, chemical or biological character or composition of 32
any waste, including, but not limited to, the reclaiming or rendering of 33
waste from hydraulic fracturing as suitable for use or reuse; [and] 34
(10) "Waste from hydraulic fracturing" means any wastewater, 35
wastewater solids, brine, sludge, drill cuttings or any other substance 36
used for, associated with, or generated secondarily to the purpose of 37
hydraulic fracturing; [.] 38
(11) "Natural gas extraction activities" means all geologic or 39
geophysical activities related to the exploration for or extraction of 40
natural gas, including, but not limited to, core and rotary drilling and 41
hydraulic fracturing; 42
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(12) "Oil extraction activities" means all geologic or geophysical 43
activities related to the exploration for or extraction of oil, including, 44
but not limited to, core and rotary drilling and hydraulic fracturing; 45
(13) "Natural gas waste" means: (A) Any liquid or solid waste or its 46
constituents that is generated secondarily as a result of natural gas 47
extraction activities that may consist of water, brine, chemicals, 48
naturally occurring radioactive materials, heavy metals or other 49
contaminants, (B) leachate from solid wastes associated with natural 50
gas extraction activities, (C) any waste that is generated as a result of 51
or in association with the underground storage of natural gas, (D) any 52
waste that is generated as a result of or in association with liquefied 53
petroleum gas well storage operations, and (E) any products or 54
byproducts resulting from the treatment, processing or modification of 55
any of the wastes described in this subdivision; and 56
(14) "Oil waste" means: (A) Any liquid or solid waste or its 57
constituents that is generated secondarily as a result of oil extraction 58
activities that may consist of water, brine, chemicals, naturally 59
occurring radioactive materials, heavy metals or other contaminants, 60
(B) leachate from solid wastes associated with oil extraction activities, 61
and (C) any products or byproducts resulting from the treatment, 62
processing or modification of any of the wastes described in this 63
subdivision. 64
(b) No person may accept, receive, collect, store, treat, transfer, sell, 65
acquire, handle, process or dispose of natural gas waste or oil waste or 66
waste from hydraulic fracturing, including, but not limited to, the 67
discharge of wastewaters into or from a pollution abatement facility [, 68
until the Commissioner of Energy and Environmental Protection 69
adopts regulations, in accordance with the provisions of chapter 54, 70
including approval of such regulations by the standing legislative 71
regulation review committee, to: (1) Eliminate the exemption in the 72
state's hazardous waste management regulations, adopted pursuant to 73
subsection (c) of section 22a-449 for the wastes identified in 40 CFR 74
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261.4(b)(5) and to provide that such wastes shall be subject to the 75
state's hazardous waste management regulations, as applicable, as set 76
forth in sections 22a-449(c)-100 to 22a-449(c)-119, inclusive, and section 77
22a-449(c)-11 of the regulations of Connecticut state agencies, (2) 78
ensure that any radioactive materials that may be present in wastes 79
from hydraulic fracturing do not create or will not reasonably be 80
expected to create a source of pollution to the air, land or waters of the 81
state and do not otherwise pose a threat to the human health or the 82
environment of this state, and (3) require disclosure of the composition 83
of the waste from hydraulic fracturing. The commissioner shall not 84
submit regulations authorized by this subsection to the standing 85
legislative regulation review committee earlier than July 1, 2017, 86
provided the commissioner shall submit such regulations to said 87
committee not later than July 1, 2018] or the introduction of natural gas 88
waste or oil waste into any solid waste management facility within or 89
operated by the state. 90
(c) [After the adoption of the regulations, including the approval of 91
such regulations by the legislative regulation review committee, 92
required by subsection (b) of this section, no] No person shall collect or 93
transport waste from hydraulic fracturing for receipt, acceptance or 94
transfer in this state. [unless such person obtains a permit, prior to any 95
such collection or transport, issued in accordance with the provisions 96
of section 22a-454. Such permit shall be required even if such collection 97
or transportation is undertaken by a person whose principal business 98
is not the management of such wastes. In any such permit the 99
commissioner shall require, in addition to any other conditions, that 100
records be maintained concerning the origins and all intermediate and 101
final delivery points of such wastes from hydraulic fracturing.] 102
(d) No person may sell, offer for sale, offer, barter, manufacture, 103
distribute or use any product for anti-icing, de-icing, pre-wetting or 104
dust suppression that is derived from or that contains natural gas 105
waste, oil waste or waste from hydraulic fracturing. [until the 106
commissioner adopts regulations in accordance with the provisions of 107
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chapter 54, including approval of such regulations by the legislative 108
regulation review committee, authorizing such sale, offer, barter, 109
manufacture, distribution or use. Such regulations shall either prohibit 110
any such products or shall contain any conditions that the 111
commissioner deems necessary to protect human health and the 112
environment and to ensure that the sale, offer, barter, manufacture, 113
distribution or use of any such product does not create or will not 114
reasonably be expected to create a source of pollution to the air, land 115
or waters of the state. Such conditions may include, but are not limited 116
to, a written statement to accompany such product indicating that such 117
product contains or is derived from wastes from hydraulic fracturing.] 118
(e) In implementing the provisions of this section, the commissioner 119
shall request of any person information, including, but not limited to, 120
whether and to what extent an anti-icing, de-icing, pre-wetting or dust 121
suppression product is or may be derived from or contain natural gas 122
waste, oil waste or wastes from hydraulic fracturing, where the 123
materials used to manufacture any such product were obtained, and 124
the chemical composition of such product or waste from hydraulic 125
fracturing. If any person fails to provide the information requested by 126
the commissioner pursuant to this subsection, such failure shall 127
provide a basis for the commissioner to prohibit the sale, offering for 128
sale, bartering, manufacturing, distribution or use of such anti-icing, 129
de-icing, pre-wetting or dust suppression product. [or to not adopt 130
regulations required pursuant to subsection (b) or (d) of this section, as 131
applicable.] 132
(f) Any information acquired by the commissioner under this 133
section shall be subject to disclosure in accordance with the provisions 134
of chapter 14. 135
(g) [Until the adoption of regulations in accordance with subsection 136
(b) of this section, the] The commissioner may approve, in writing, not 137
more than three requests to allow a person, who the commissioner 138
determines to be professionally qualified, to treat natural gas waste, oil 139
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waste or waste from hydraulic fracturing, provided such treatment is 140
solely for the purpose of conducting research to determine whether 141
such waste can be treated to make such waste suitable for use or reuse. 142
The commissioner shall prescribe the form to be used for submitting 143
any such request, including any information that the commissioner 144
deems necessary for evaluating any such request. In approving any 145
such request, the commissioner shall prescribe any conditions or 146
requirements the commissioner deems necessary to prevent pollution 147
to the air, land or waters of the state or to protect human health or the 148
environment and shall include requirements regarding the disposal of 149
any waste from any such research. [From July 1, 2014, until the 150
adoption of regulations in accordance with subsection (b) of this 151
section, no] No person whose request is approved pursuant to this 152
section shall: (1) Apply for or obtain more than three such approvals 153
pursuant to this subsection, and (2) treat more than three hundred 154
thirty gallons of natural gas waste or oil waste or waste from hydraulic 155
fracturing in accordance with this subsection, regardless of the number 156
of approvals issued to such person. The commissioner may authorize a 157
single treatment in excess of such gallon limitation by one person 158
provided such authorization allows for the treatment of not more than 159
five hundred gallons of natural gas waste or oil waste or waste from 160
hydraulic fracturing. For the purposes of this subsection, all natural 161
gas waste or oil waste or wastes from hydraulic fracturing shall be 162
considered to be hazardous waste, as defined in section 22a-448, 163
regardless of the state's incorporation by reference of 40 CFR 164
261.4(b)(5). Prior to approving any such research request, the 165
Commissioner of Energy and Environmental Protection shall adopt 166
regulations, in accordance with the provisions of chapter 54, including 167
approval of such regulations by the standing legislative regulation 168
review committee, to: (A) Eliminate the exemption in the state's 169
hazardous waste management regulations, adopted pursuant to 170
subsection (c) of section 22a-449 for the wastes identified in 40 CFR 171
261.4(b)(5) and to provide that such wastes shall be subject to the 172
state's hazardous waste management regulations, as applicable, as set 173
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forth in sections 22a-449(c)-100 to 22a-449(c)-119, inclusive, and section 174
22a-449(c)-11 of the regulations of Connecticut state agencies, (B) 175
ensure that any radioactive materials that may be present in natural 176
gas waste, oil waste or wastes from hydraulic fracturing do not create 177
or will not reasonably be expected to create a source of pollution to the 178
air, land or waters of the state and do not otherwise pose a threat to the 179
human health or the environment of this state, (C) require disclosure of 180
the composition of natural gas waste, oil waste or the waste from 181
hydraulic fracturing, and (D) provide for the maintenance of records 182
concerning the origins and all intermediate and final delivery points of 183
natural gas waste, oil waste or such wastes from hydraulic fracturing. 184
(h) Any person exploring for oil or gas [on or after the effective date 185
of regulations required by this subsection] shall register with the 186
Commissioner of Energy and Environmental Protection on a form 187
prescribed by him. The commissioner shall adopt regulations in 188
accordance with the provisions of chapter 54 setting forth (1) standards 189
for oil and gas exploration and production wells, including, but not 190
limited to, standards for the abandonment of exploration and 191
production activities, and (2) the amount of a fee to be paid by 192
registrants which shall be sufficient to pay the cost of administering 193
the registration program. 194
This act shall take effect as follows and shall amend the following
sections:
Section 1 from passage 22a-472
Statement of Purpose:
To expand the state-wide fracking ban to apply to all gas and oil
extraction activities and to assure that such ban is permanent.
[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline,
except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is
not underlined.]