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General Assembly Substitute Bill No. 753
January Session, 2019
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 Section 22a-472 of the general statutes is repealed and the 1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
(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 Substitute Bill No. 753
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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
(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 Substitute Bill No. 753
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(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; 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; and 64
(15) "Apply" means the physical act of placing or spreading natural 65
gas waste or oil waste on any road or real property in the state. 66
(b) No person may accept, receive, collect, store, treat, transfer, sell, 67
acquire, handle, apply, process or dispose of natural gas waste or oil 68
waste or waste from hydraulic fracturing, including, but not limited to, 69
the discharge of wastewaters into or from a pollution abatement 70
facility [, until the Commissioner of Energy and Environmental 71
Protection adopts regulations, in accordance with the provisions of 72
chapter 54, including approval of such regulations by the standing 73
legislative regulation review committee, to: (1) Eliminate the 74
exemption in the state's hazardous waste management regulations, 75
adopted pursuant to subsection (c) of section 22a-449 for the wastes 76
identified in 40 CFR 261.4(b)(5) and to provide that such wastes shall 77
be subject to the state's hazardous waste management regulations, as 78 Substitute Bill No. 753
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applicable, as set forth in sections 22a-449(c)-100 to 22a-449(c)-119, 79
inclusive, and section 22a-449(c)-11 of the regulations of Connecticut 80
state agencies, (2) ensure that any radioactive materials that may be 81
present in wastes from hydraulic fracturing do not create or will not 82
reasonably be expected to create a source of pollution to the air, land 83
or waters of the state and do not otherwise pose a threat to the human 84
health or the environment of this state, and (3) require disclosure of the 85
composition of the waste from hydraulic fracturing. The commissioner 86
shall not submit regulations authorized by this subsection to the 87
standing legislative regulation review committee earlier than July 1, 88
2017, provided the commissioner shall submit such regulations to said 89
committee not later than July 1, 2018] or the introduction of natural gas 90
waste or oil waste into any solid waste management facility within or 91
operated by the state. 92
(c) [After the adoption of the regulations, including the approval of 93
such regulations by the legislative regulation review committee, 94
required by subsection (b) of this section, no] No person shall collect or 95
transport waste from hydraulic fracturing for receipt, acceptance or 96
transfer in this state. [unless such person obtains a permit, prior to any 97
such collection or transport, issued in accordance with the provisions 98
of section 22a-454. Such permit shall be required even if such collection 99
or transportation is undertaken by a person whose principal business 100
is not the management of such wastes. In any such permit the 101
commissioner shall require, in addition to any other conditions, that 102
records be maintained concerning the origins and all intermediate and 103
final delivery points of such wastes from hydraulic fracturing.] 104
(d) No person may sell, offer for sale, offer, barter, manufacture, 105
distribute or use any product for anti-icing, de-icing, pre-wetting or 106
dust suppression that is derived from or that contains natural gas 107
waste, oil waste or waste from hydraulic fracturing. [until the 108
commissioner adopts regulations in accordance with the provisions of 109
chapter 54, including approval of such regulations by the legislative 110
regulation review committee, authorizing such sale, offer, barter, 111 Substitute Bill No. 753
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manufacture, distribution or use. Such regulations shall either prohibit 112
any such products or shall contain any co nditions that the 113
commissioner deems necessary to protect human health and the 114
environment and to ensure that the sale, offer, barter, manufacture, 115
distribution or use of any such product does not create or will not 116
reasonably be expected to create a source of pollution to the air, land 117
or waters of the state. Such conditions may include, but are not limited 118
to, a written statement to accompany such product indicating that such 119
product contains or is derived from wastes from hydraulic fracturing.] 120
(e) In implementing the provisions of this section, the commissioner 121
shall request of any person information, including, but not limited to, 122
whether and to what extent an anti-icing, de-icing, pre-wetting or dust 123
suppression product is or may be derived from or contain natural gas 124
waste, oil waste or wastes from hydraulic fracturing, where the 125
materials used to manufacture any such product were obtained, and 126
the chemical composition of such product or waste from hydraulic 127
fracturing. If any person fails to provide the information requested by 128
the commissioner pursuant to this subsection, such failure shall 129
provide a basis for the commissioner to prohibit the sale, offering for 130
sale, bartering, manufacturing, distribution or use of such anti-icing, 131
de-icing, pre-wetting or dust suppression product. [or to not adopt 132
regulations required pursuant to subsection (b) or (d) of this section, as 133
applicable.] 134
(f) Any information acquired by the commissioner under this 135
section shall be subject to disclosure in accordance with the provisions 136
of chapter 14. 137
(g) [Until the adoption of regulations in accordance with subsection 138
(b) of this section, the] The commissioner may approve, in writing, not 139
more than three requests to allow a person, who the commissioner 140
determines to be professionally qualified, to treat natural gas waste, oil 141
waste or waste from hydraulic fracturing, provided such treatment is 142
solely for the purpose of conducting research to determine whether 143
such waste can be treated to make such waste suitable for use or reuse. 144 Substitute Bill No. 753
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The commissioner shall prescribe the form to be used for submitting 145
any such request, including any information that the commissioner 146
deems necessary for evaluating any such request. In approving any 147
such request, the commissioner shall prescribe any conditions or 148
requirements the commissioner deems necessary to prevent pollution 149
to the air, land or waters of the state or to protect human health or the 150
environment and shall include requirements regarding the disposal of 151
any waste from any such research. [From July 1, 2014, until the 152
adoption of regulations in accordance with subsection (b) of this 153
section, no] No person whose request is approved pursuant to this 154
section shall: (1) Apply for or obtain more than three such approvals 155
pursuant to this subsection, and (2) treat more than three hundred 156
thirty gallons of natural gas waste or oil waste or waste from hydraulic 157
fracturing in accordance with this subsection, regardless of the number 158
of approvals issued to such person. The commissioner may authorize a 159
single treatment in excess of such gallon limitation by one person 160
provided such authorization allows for the treatment of not more than 161
five hundred gallons of natural gas waste or oil waste or waste from 162
hydraulic fracturing. For the purposes of this subsection, all natural 163
gas waste or oil waste or wastes from hydraulic fracturing shall be 164
considered to be hazardous waste, as defined in section 22a-448, 165
regardless of the state's incorporation by reference of 40 CFR 166
261.4(b)(5). Prior to approving any such research request, the 167
Commissioner of Energy and Environmental Protection shall adopt 168
regulations, in accordance with the provisions of chapter 54, including 169
approval of such regulations by the standing legislative regulation 170
review committee, to: (A) Eliminate the exemption in the state's 171
hazardous waste management regulations, adopted pursuant to 172
subsection (c) of section 22a-449 for the wastes identified in 40 CFR 173
261.4(b)(5) and to provide that such wastes shall be subject to the 174
state's hazardous waste management regulations, as applicable, as set 175
forth in sections 22a-449(c)-100 to 22a-449(c)-119, inclusive, and section 176
22a-449(c)-11 of the regulations of Connecticut state agencies, (B) 177
ensure that any radioactive materials that may be present in natural 178
gas waste, oil waste or wastes from hydraulic fracturing do not create 179 Substitute Bill No. 753
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or will not reasonably be expected to create a source of pollution to the 180
air, land or waters of the state and do not otherwise pose a threat to the 181
human health or the environment of this state, (C) require disclosure of 182
the composition of natural gas waste, oil waste or the waste from 183
hydraulic fracturing, and (D) provide for the maintenance of records 184
concerning the origins and all intermediate and final delivery points of 185
natural gas waste, oil waste or such wastes from hydraulic fracturing. 186
(h) Any person exploring for oil or gas [on or after the effective date 187
of regulations required by this subsection] shall register with the 188
Commissioner of Energy and Environmental Protection on a form 189
prescribed by him. The commissioner shall adopt regulations in 190
accordance with the provisions of chapter 54 setting forth (1) standards 191
for oil and gas exploration and production wells, including, but not 192
limited to, standards for the abandonment of exploration and 193
production activities, and (2) the amount of a fee to be paid by 194
registrants which shall be sufficient to pay the cost of administering 195
the registration program. 196
This act shall take effect as follows and shall amend the following
sections:
Section 1 from passage 22a-472
ENV Joint Favorable Subst.