Connecticut 2019 Regular Session

Connecticut Senate Bill SB00753 Compare Versions

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	7	+	General Assembly Substitute Bill No. 753
	8	+	January Session, 2019
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4		-	Substitute Senate Bill No. 753
5		-
6		-	Public Act No. 19-112
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8	13
9	14		AN ACT CONCERNING TH E STATE-WIDE BAN ON FRACKING
10	15		WASTE.
11	16		Be it enacted by the Senate and House of Representatives in General
12	17		Assembly convened:
13	18
14		-	Section 1. Section 22a-472 of the general statutes is repealed and the
15		-	following is substituted in lieu thereof (Effective from passage):
16		-	(a) For the purposes of this section:
17		-	(1) "Dispose" means the discharge, deposit, injection, dumping,
18		-	spilling, leaking or placing of any waste into or on any land or water so
19		-	that such waste, or any constituent of such waste, may enter the
20		-	environment, be emitted into the air or discharged into any waters of
21		-	the state;
22		-	(2) "Fluid" means any material or substance that flows or moves
23		-	whether in semisolid, liquid, sludge, gas or any other form or state;
24		-	(3) "Gas" means all natural gas, whether hydrocarbon or
25		-	nonhydrocarbon, including, but not limited to, hydrogen sulfide,
26		-	helium, carbon dioxide, nitrogen, hydrogen and casinghead gas;
27		-	(4) "Hydraulic fracturing" means the process of pumping a fluid into
28		-	or under the surface of the ground in order to create fractures in rock Substitute Senate Bill No. 753
	19	+	Section 1. Section 22a-472 of the general statutes is repealed and the 1
	20	+	following is substituted in lieu thereof (Effective from passage): 2
	21	+	(a) For the purposes of this section: 3
	22	+	(1) "Dispose" means the discharge, deposit, injection, dumping, 4
	23	+	spilling, leaking or placing of any waste into or on any land or water so 5
	24	+	that such waste, or any constituent of such waste, may enter the 6
	25	+	environment, be emitted into the air or discharged into any waters of 7
	26	+	the state; 8
	27	+	(2) "Fluid" means any material or substance that flows or moves 9
	28	+	whether in semisolid, liquid, sludge, gas or any other form or state; 10
	29	+	(3) "Gas" means all natural gas, whether hydrocarbon or 11
	30	+	nonhydrocarbon, including, but not limited to, hydrogen sulfide, 12
	31	+	helium, carbon dioxide, nitrogen, hydrogen and casinghead gas; 13
	32	+	(4) "Hydraulic fracturing" means the process of pumping a fluid into 14
	33	+	or under the surface of the ground in order to create fractures in rock 15
	34	+	for exploration, development, production or recovery of gas, oil and 16 Substitute Bill No. 753
29	35
30		-	Public Act No. 19-112 2 of 8
31	36
32		-	for exploration, development, production or recovery of gas, oil and
33		-	other subsurface hydrocarbons. "Hydraulic fracturing" does not
34		-	include the drilling or repair of a geothermal water well or any other
35		-	well drilled or repaired for drinking water purposes;
36		-	(5) "Person" means any individual, firm, partnership, association,
37		-	syndicate, company, trust, corporation, limited liability company,
38		-	municipality, agency or political or administrative subdivision of the
39		-	state;
40		-	(6) "Radioactive materials" means any material, solid, liquid or gas,
41		-	including, but not limited to, waste that emits ionizing radiation
42		-	spontaneously;
43		-	(7) "Store" means holding waste for a temporary period, at the end
44		-	of which the waste is treated, disposed of or stored elsewhere;
45		-	(8) "Transfer" means to move from one vehicle to another or to
46		-	move from one mode of transportation to another;
47		-	(9) "Treat" means any method, technique or process designed to
48		-	change the physical, chemical or biological character or composition of
49		-	any waste, including, but not limited to, the reclaiming or rendering of
50		-	waste from hydraulic fracturing as suitable for use or reuse; [and]
51		-	(10) "Waste from hydraulic fracturing" means any wastewater,
52		-	wastewater solids, brine, sludge, drill cuttings or any other substance
53		-	used for, associated with, or generated secondarily to the purpose of
54		-	hydraulic fracturing; [.]
55		-	(11) "Natural gas extraction activities" means all geologic or
56		-	geophysical activities related to the exploration for or extraction of
57		-	natural gas, including, but not limited to, core and rotary drilling and
58		-	hydraulic fracturing; Substitute Senate Bill No. 753
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60		-	Public Act No. 19-112 3 of 8
	41	+	other subsurface hydrocarbons. "Hydraulic fracturing" does not 17
	42	+	include the drilling or repair of a geothermal water well or any other 18
	43	+	well drilled or repaired for drinking water purposes; 19
	44	+	(5) "Person" means any individual, firm, partnership, association, 20
	45	+	syndicate, company, trust, corporation, limited liability company, 21
	46	+	municipality, agency or political or administrative subdivision of the 22
	47	+	state; 23
	48	+	(6) "Radioactive materials" means any material, solid, liquid or gas, 24
	49	+	including, but not limited to, waste that emits ionizing radiation 25
	50	+	spontaneously; 26
	51	+	(7) "Store" means holding waste for a temporary period, at the end 27
	52	+	of which the waste is treated, disposed of or stored elsewhere; 28
	53	+	(8) "Transfer" means to move from one vehicle to another or to 29
	54	+	move from one mode of transportation to another; 30
	55	+	(9) "Treat" means any method, technique or process designed to 31
	56	+	change the physical, chemical or biological character or composition of 32
	57	+	any waste, including, but not limited to, the reclaiming or rendering of 33
	58	+	waste from hydraulic fracturing as suitable for use or reuse; [and] 34
	59	+	(10) "Waste from hydraulic fracturing" means any wastewater, 35
	60	+	wastewater solids, brine, sludge, drill cuttings or any other substance 36
	61	+	used for, associated with, or generated secondarily to the purpose of 37
	62	+	hydraulic fracturing; [.] 38
	63	+	(11) "Natural gas extraction activities" means all geologic or 39
	64	+	geophysical activities related to the exploration for or extraction of 40
	65	+	natural gas, including, but not limited to, core and rotary drilling and 41
	66	+	hydraulic fracturing; 42
	67	+	(12) "Oil extraction activities" means all geologic or geophysical 43
	68	+	activities related to the exploration for or extraction of oil, including, 44
	69	+	but not limited to, core and rotary drilling and hydraulic fracturing; 45 Substitute Bill No. 753
61	70
62		-	(12) "Oil extraction activities" means all geologic or geophysical
63		-	activities related to the exploration for or extraction of oil, including,
64		-	but not limited to, core and rotary drilling and hydraulic fracturing;
65		-	(13) "Natural gas waste" means: (A) Any liquid or solid waste or its
66		-	constituents that is generated secondarily as a result of natural gas
67		-	extraction activities that may consist of water, brine, chemicals,
68		-	naturally occurring radioactive materials, heavy metals or other
69		-	contaminants, (B) leachate from solid wastes associated with natural
70		-	gas extraction activities, (C) any waste that is generated as a result of
71		-	or in association with the underground storage of natural gas, (D) any
72		-	waste that is generated as a result of or in association with liquefied
73		-	petroleum gas well storage operations, and (E) any products or
74		-	byproducts resulting from the treatment, processing or modification of
75		-	any of the wastes described in this subdivision;
76		-	(14) "Oil waste" means: (A) Any liquid or solid waste or its
77		-	constituents that is generated secondarily as a result of oil extraction
78		-	activities that may consist of water, brine, chemicals, naturally
79		-	occurring radioactive materials, heavy metals or other contaminants,
80		-	(B) leachate from solid wastes associated with oil extraction activities,
81		-	and (C) any products or byproducts resulting from the treatment,
82		-	processing or modification of any of the wastes described in this
83		-	subdivision; and
84		-	(15) "Apply" means the physical act of placing or spreading natural
85		-	gas waste or oil waste on any road or real property in the state.
86		-	(b) No person may accept, receive, collect, store, treat, transfer, sell,
87		-	acquire, handle, apply, process or dispose of natural gas waste or oil
88		-	waste or waste from hydraulic fracturing, including, but not limited to,
89		-	the discharge of wastewaters into or from a pollution abatement
90		-	facility [, until the Commissioner of Energy and Environmental
91		-	Protection adopts regulations, in accordance with the provisions of Substitute Senate Bill No. 753
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93		-	Public Act No. 19-112 4 of 8
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95		-	chapter 54, including approval of such regulations by the standing
96		-	legislative regulation review committee, to: (1) Eliminate the
97		-	exemption in the state's hazardous waste management regulations,
98		-	adopted pursuant to subsection (c) of section 22a-449 for the wastes
99		-	identified in 40 CFR 261.4(b)(5) and to provide that such wastes shall
100		-	be subject to the state's hazardous waste management regulations, as
101		-	applicable, as set forth in sections 22a-449(c)-100 to 22a-449(c)-119,
102		-	inclusive, and section 22a-449(c)-11 of the regulations of Connecticut
103		-	state agencies, (2) ensure that any radioactive materials that may be
104		-	present in wastes from hydraulic fracturing do not create or will not
105		-	reasonably be expected to create a source of pollution to the air, land
106		-	or waters of the state and do not otherwise pose a threat to the human
107		-	health or the environment of this state, and (3) require disclosure of the
108		-	composition of the waste from hydraulic fracturing. The commissioner
109		-	shall not submit regulations authorized by this subsection to the
110		-	standing legislative regulation review committee earlier than July 1,
111		-	2017, provided the commissioner shall submit such regulations to said
112		-	committee not later than July 1, 2018] or the introduction of natural gas
113		-	waste or oil waste into any solid waste management facility within or
114		-	operated by the state.
115		-	(c) [After the adoption of the regulations, including the approval of
116		-	such regulations by the legislative regulation review committee,
117		-	required by subsection (b) of this section, no] No person shall collect or
118		-	transport waste from hydraulic fracturing for receipt, acceptance or
119		-	transfer in this state. [unless such person obtains a permit, prior to any
120		-	such collection or transport, issued in accordance with the provisions
121		-	of section 22a-454. Such permit shall be required even if such collection
122		-	or transportation is undertaken by a person whose principal business
123		-	is not the management of such wastes. In any such permit the
124		-	commissioner shall require, in addition to any other conditions, that
125		-	records be maintained concerning the origins and all intermediate and
126		-	final delivery points of such wastes from hydraulic fracturing.] Substitute Senate Bill No. 753
	76	+	(13) "Natural gas waste" means: (A) Any liquid or solid waste or its 46
	77	+	constituents that is generated secondarily as a result of natural gas 47
	78	+	extraction activities that may consist of water, brine, chemicals, 48
	79	+	naturally occurring radioactive materials, heavy metals or other 49
	80	+	contaminants, (B) leachate from solid wastes associated with natural 50
	81	+	gas extraction activities, (C) any waste that is generated as a result of 51
	82	+	or in association with the underground storage of natural gas, (D) any 52
	83	+	waste that is generated as a result of or in association with liquefied 53
	84	+	petroleum gas well storage operations, and (E) any products or 54
	85	+	byproducts resulting from the treatment, processing or modification of 55
	86	+	any of the wastes described in this subdivision; 56
	87	+	(14) "Oil waste" means: (A) Any liquid or solid waste or its 57
	88	+	constituents that is generated secondarily as a result of oil extraction 58
	89	+	activities that may consist of water, brine, chemicals, naturally 59
	90	+	occurring radioactive materials, heavy metals or other contaminants, 60
	91	+	(B) leachate from solid wastes associated with oil extraction activities, 61
	92	+	and (C) any products or byproducts resulting from the treatment, 62
	93	+	processing or modification of any of the wastes described in this 63
	94	+	subdivision; and 64
	95	+	(15) "Apply" means the physical act of placing or spreading natural 65
	96	+	gas waste or oil waste on any road or real property in the state. 66
	97	+	(b) No person may accept, receive, collect, store, treat, transfer, sell, 67
	98	+	acquire, handle, apply, process or dispose of natural gas waste or oil 68
	99	+	waste or waste from hydraulic fracturing, including, but not limited to, 69
	100	+	the discharge of wastewaters into or from a pollution abatement 70
	101	+	facility [, until the Commissioner of Energy and Environmental 71
	102	+	Protection adopts regulations, in accordance with the provisions of 72
	103	+	chapter 54, including approval of such regulations by the standing 73
	104	+	legislative regulation review committee, to: (1) Eliminate the 74
	105	+	exemption in the state's hazardous waste management regulations, 75
	106	+	adopted pursuant to subsection (c) of section 22a-449 for the wastes 76
	107	+	identified in 40 CFR 261.4(b)(5) and to provide that such wastes shall 77
	108	+	be subject to the state's hazardous waste management regulations, as 78 Substitute Bill No. 753
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130		-	(d) No person may sell, offer for sale, offer, barter, manufacture,
131		-	distribute or use any product for anti-icing, de-icing, pre-wetting or
132		-	dust suppression that is derived from or that contains natural gas
133		-	waste, oil waste or waste from hydraulic fracturing. [until the
134		-	commissioner adopts regulations in accordance with the provisions of
135		-	chapter 54, including approval of such regulations by the legislative
136		-	regulation review committee, authorizing such sale, offer, barter,
137		-	manufacture, distribution or use. Such regulations shall either prohibit
138		-	any such products or shall contain any conditions that the
139		-	commissioner deems necessary to protect human health and the
140		-	environment and to ensure that the sale, offer, barter, manufacture,
141		-	distribution or use of any such product does not create or will not
142		-	reasonably be expected to create a source of pollution to the air, land
143		-	or waters of the state. Such conditions may include, but are not limited
144		-	to, a written statement to accompany such product indicating that such
145		-	product contains or is derived from wastes from hydraulic fracturing.]
146		-	(e) In implementing the provisions of this section, the commissioner
147		-	shall request of any person information, including, but not limited to,
148		-	whether and to what extent an anti-icing, de-icing, pre-wetting or dust
149		-	suppression product is or may be derived from or contain natural gas
150		-	waste, oil waste or wastes from hydraulic fracturing, where the
151		-	materials used to manufacture any such product were obtained, and
152		-	the chemical composition of such product or waste from hydraulic
153		-	fracturing. If any person fails to provide the information requested by
154		-	the commissioner pursuant to this subsection, such failure shall
155		-	provide a basis for the commissioner to prohibit the sale, offering for
156		-	sale, bartering, manufacturing, distribution or use of such anti-icing,
157		-	de-icing, pre-wetting or dust suppression product. [or to not adopt
158		-	regulations required pursuant to subsection (b) or (d) of this section, as
159		-	applicable.]
160		-	(f) Any information acquired by the commissioner under this Substitute Senate Bill No. 753
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	115	+	applicable, as set forth in sections 22a-449(c)-100 to 22a-449(c)-119, 79
	116	+	inclusive, and section 22a-449(c)-11 of the regulations of Connecticut 80
	117	+	state agencies, (2) ensure that any radioactive materials that may be 81
	118	+	present in wastes from hydraulic fracturing do not create or will not 82
	119	+	reasonably be expected to create a source of pollution to the air, land 83
	120	+	or waters of the state and do not otherwise pose a threat to the human 84
	121	+	health or the environment of this state, and (3) require disclosure of the 85
	122	+	composition of the waste from hydraulic fracturing. The commissioner 86
	123	+	shall not submit regulations authorized by this subsection to the 87
	124	+	standing legislative regulation review committee earlier than July 1, 88
	125	+	2017, provided the commissioner shall submit such regulations to said 89
	126	+	committee not later than July 1, 2018] or the introduction of natural gas 90
	127	+	waste or oil waste into any solid waste management facility within or 91
	128	+	operated by the state. 92
	129	+	(c) [After the adoption of the regulations, including the approval of 93
	130	+	such regulations by the legislative regulation review committee, 94
	131	+	required by subsection (b) of this section, no] No person shall collect or 95
	132	+	transport waste from hydraulic fracturing for receipt, acceptance or 96
	133	+	transfer in this state. [unless such person obtains a permit, prior to any 97
	134	+	such collection or transport, issued in accordance with the provisions 98
	135	+	of section 22a-454. Such permit shall be required even if such collection 99
	136	+	or transportation is undertaken by a person whose principal business 100
	137	+	is not the management of such wastes. In any such permit the 101
	138	+	commissioner shall require, in addition to any other conditions, that 102
	139	+	records be maintained concerning the origins and all intermediate and 103
	140	+	final delivery points of such wastes from hydraulic fracturing.] 104
	141	+	(d) No person may sell, offer for sale, offer, barter, manufacture, 105
	142	+	distribute or use any product for anti-icing, de-icing, pre-wetting or 106
	143	+	dust suppression that is derived from or that contains natural gas 107
	144	+	waste, oil waste or waste from hydraulic fracturing. [until the 108
	145	+	commissioner adopts regulations in accordance with the provisions of 109
	146	+	chapter 54, including approval of such regulations by the legislative 110
	147	+	regulation review committee, authorizing such sale, offer, barter, 111 Substitute Bill No. 753
163	148
164		-	section shall be subject to disclosure in accordance with the provisions
165		-	of chapter 14.
166		-	(g) [Until the adoption of regulations in accordance with subsection
167		-	(b) of this section, the] The commissioner may approve, in writing, not
168		-	more than three requests to allow a person, who the commissioner
169		-	determines to be professionally qualified, to treat natural gas waste, oil
170		-	waste or waste from hydraulic fracturing, provided such treatment is
171		-	solely for the purpose of conducting research to determine whether
172		-	such waste can be treated to make such waste suitable for use or reuse.
173		-	The commissioner shall prescribe the form to be used for submitting
174		-	any such request, including any information that the commissioner
175		-	deems necessary for evaluating any such request. In approving any
176		-	such request, the commissioner shall prescribe any conditions or
177		-	requirements the commissioner deems necessary to prevent pollution
178		-	to the air, land or waters of the state or to protect human health or the
179		-	environment and shall include requirements regarding the disposal of
180		-	any waste from any such research. [From July 1, 2014, until the
181		-	adoption of regulations in accordance with subsection (b) of this
182		-	section, no] No person whose request is approved pursuant to this
183		-	section shall: (1) Apply for or obtain more than three such approvals
184		-	pursuant to this subsection, and (2) treat more than three hundred
185		-	thirty gallons of natural gas waste or oil waste or waste from hydraulic
186		-	fracturing in accordance with this subsection, regardless of the number
187		-	of approvals issued to such person. The commissioner may authorize a
188		-	single treatment in excess of such gallon limitation by one person
189		-	provided such authorization allows for the treatment of not more than
190		-	five hundred gallons of natural gas waste or oil waste or waste from
191		-	hydraulic fracturing. For the purposes of this subsection, all natural
192		-	gas waste or oil waste or wastes from hydraulic fracturing shall be
193		-	considered to be hazardous waste, as defined in section 22a-448,
194		-	regardless of the state's incorporation by reference of 40 CFR
195		-	261.4(b)(5). Prior to approving any such research request, the Substitute Senate Bill No. 753
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198	153
199		-	Commissioner of Energy and Environmental Protection shall adopt
200		-	regulations, in accordance with the provisions of chapter 54, including
201		-	approval of such regulations by the standing legislative regulation
202		-	review committee, to: (A) Eliminate the exemption in the state's
203		-	hazardous waste management regulations, adopted pursuant to
204		-	subsection (c) of section 22a-449 for the wastes identified in 40 CFR
205		-	261.4(b)(5) and to provide that such wastes shall be subject to the
206		-	state's hazardous waste management regulations, as applicable, as set
207		-	forth in sections 22a-449(c)-100 to 22a-449(c)-119, inclusive, and section
208		-	22a-449(c)-11 of the regulations of Connecticut state agencies, (B)
209		-	ensure that any radioactive materials that may be present in natural
210		-	gas waste, oil waste or wastes from hydraulic fracturing do not create
211		-	or will not reasonably be expected to create a source of pollution to the
212		-	air, land or waters of the state and do not otherwise pose a threat to the
213		-	human health or the environment of this state, (C) require disclosure of
214		-	the composition of natural gas waste, oil waste or the waste from
215		-	hydraulic fracturing, and (D) provide for the maintenance of records
216		-	concerning the origins and all intermediate and final delivery points of
217		-	natural gas waste, oil waste or such wastes from hydraulic fracturing.
218		-	(h) Any person exploring for oil or gas [on or after the effective date
219		-	of regulations required by this subsection] shall register with the
220		-	Commissioner of Energy and Environmental Protection on a form
221		-	prescribed by him. The commissioner shall adopt regulations in
222		-	accordance with the provisions of chapter 54 setting forth (1) standards
223		-	for oil and gas exploration and production wells, including, but not
224		-	limited to, standards for the abandonment of exploration and
225		-	production activities, and (2) the amount of a fee to be paid by
226		-	registrants which shall be sufficient to pay the cost of administering
227		-	the registration program.
228		-	(i) The provisions of this section shall be construed to preempt any
229		-	municipal ordinance or act concerning the acceptance, receipt, Substitute Senate Bill No. 753
	154	+	manufacture, distribution or use. Such regulations shall either prohibit 112
	155	+	any such products or shall contain any co nditions that the 113
	156	+	commissioner deems necessary to protect human health and the 114
	157	+	environment and to ensure that the sale, offer, barter, manufacture, 115
	158	+	distribution or use of any such product does not create or will not 116
	159	+	reasonably be expected to create a source of pollution to the air, land 117
	160	+	or waters of the state. Such conditions may include, but are not limited 118
	161	+	to, a written statement to accompany such product indicating that such 119
	162	+	product contains or is derived from wastes from hydraulic fracturing.] 120
	163	+	(e) In implementing the provisions of this section, the commissioner 121
	164	+	shall request of any person information, including, but not limited to, 122
	165	+	whether and to what extent an anti-icing, de-icing, pre-wetting or dust 123
	166	+	suppression product is or may be derived from or contain natural gas 124
	167	+	waste, oil waste or wastes from hydraulic fracturing, where the 125
	168	+	materials used to manufacture any such product were obtained, and 126
	169	+	the chemical composition of such product or waste from hydraulic 127
	170	+	fracturing. If any person fails to provide the information requested by 128
	171	+	the commissioner pursuant to this subsection, such failure shall 129
	172	+	provide a basis for the commissioner to prohibit the sale, offering for 130
	173	+	sale, bartering, manufacturing, distribution or use of such anti-icing, 131
	174	+	de-icing, pre-wetting or dust suppression product. [or to not adopt 132
	175	+	regulations required pursuant to subsection (b) or (d) of this section, as 133
	176	+	applicable.] 134
	177	+	(f) Any information acquired by the commissioner under this 135
	178	+	section shall be subject to disclosure in accordance with the provisions 136
	179	+	of chapter 14. 137
	180	+	(g) [Until the adoption of regulations in accordance with subsection 138
	181	+	(b) of this section, the] The commissioner may approve, in writing, not 139
	182	+	more than three requests to allow a person, who the commissioner 140
	183	+	determines to be professionally qualified, to treat natural gas waste, oil 141
	184	+	waste or waste from hydraulic fracturing, provided such treatment is 142
	185	+	solely for the purpose of conducting research to determine whether 143
	186	+	such waste can be treated to make such waste suitable for use or reuse. 144 Substitute Bill No. 753
230	187
231		-	Public Act No. 19-112 8 of 8
232	188
233		-	collection, storage, treatment, transfer, sale, acquisition, handling,
234		-	application, processing or disposal of natural gas waste or oil waste or
235		-	waste from hydraulic fracturing, including, but not limited to, the
236		-	discharge of wastewaters into or from a pollution abatement facility.
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	192	+
	193	+	The commissioner shall prescribe the form to be used for submitting 145
	194	+	any such request, including any information that the commissioner 146
	195	+	deems necessary for evaluating any such request. In approving any 147
	196	+	such request, the commissioner shall prescribe any conditions or 148
	197	+	requirements the commissioner deems necessary to prevent pollution 149
	198	+	to the air, land or waters of the state or to protect human health or the 150
	199	+	environment and shall include requirements regarding the disposal of 151
	200	+	any waste from any such research. [From July 1, 2014, until the 152
	201	+	adoption of regulations in accordance with subsection (b) of this 153
	202	+	section, no] No person whose request is approved pursuant to this 154
	203	+	section shall: (1) Apply for or obtain more than three such approvals 155
	204	+	pursuant to this subsection, and (2) treat more than three hundred 156
	205	+	thirty gallons of natural gas waste or oil waste or waste from hydraulic 157
	206	+	fracturing in accordance with this subsection, regardless of the number 158
	207	+	of approvals issued to such person. The commissioner may authorize a 159
	208	+	single treatment in excess of such gallon limitation by one person 160
	209	+	provided such authorization allows for the treatment of not more than 161
	210	+	five hundred gallons of natural gas waste or oil waste or waste from 162
	211	+	hydraulic fracturing. For the purposes of this subsection, all natural 163
	212	+	gas waste or oil waste or wastes from hydraulic fracturing shall be 164
	213	+	considered to be hazardous waste, as defined in section 22a-448, 165
	214	+	regardless of the state's incorporation by reference of 40 CFR 166
	215	+	261.4(b)(5). Prior to approving any such research request, the 167
	216	+	Commissioner of Energy and Environmental Protection shall adopt 168
	217	+	regulations, in accordance with the provisions of chapter 54, including 169
	218	+	approval of such regulations by the standing legislative regulation 170
	219	+	review committee, to: (A) Eliminate the exemption in the state's 171
	220	+	hazardous waste management regulations, adopted pursuant to 172
	221	+	subsection (c) of section 22a-449 for the wastes identified in 40 CFR 173
	222	+	261.4(b)(5) and to provide that such wastes shall be subject to the 174
	223	+	state's hazardous waste management regulations, as applicable, as set 175
	224	+	forth in sections 22a-449(c)-100 to 22a-449(c)-119, inclusive, and section 176
	225	+	22a-449(c)-11 of the regulations of Connecticut state agencies, (B) 177
	226	+	ensure that any radioactive materials that may be present in natural 178
	227	+	gas waste, oil waste or wastes from hydraulic fracturing do not create 179 Substitute Bill No. 753
	228	+
	229	+
	230	+	LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-00753-
	231	+	R02-SB.docx }
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	233	+
	234	+	or will not reasonably be expected to create a source of pollution to the 180
	235	+	air, land or waters of the state and do not otherwise pose a threat to the 181
	236	+	human health or the environment of this state, (C) require disclosure of 182
	237	+	the composition of natural gas waste, oil waste or the waste from 183
	238	+	hydraulic fracturing, and (D) provide for the maintenance of records 184
	239	+	concerning the origins and all intermediate and final delivery points of 185
	240	+	natural gas waste, oil waste or such wastes from hydraulic fracturing. 186
	241	+	(h) Any person exploring for oil or gas [on or after the effective date 187
	242	+	of regulations required by this subsection] shall register with the 188
	243	+	Commissioner of Energy and Environmental Protection on a form 189
	244	+	prescribed by him. The commissioner shall adopt regulations in 190
	245	+	accordance with the provisions of chapter 54 setting forth (1) standards 191
	246	+	for oil and gas exploration and production wells, including, but not 192
	247	+	limited to, standards for the abandonment of exploration and 193
	248	+	production activities, and (2) the amount of a fee to be paid by 194
	249	+	registrants which shall be sufficient to pay the cost of administering 195
	250	+	the registration program. 196
	251	+	This act shall take effect as follows and shall amend the following
	252	+	sections:
	253	+
	254	+	Section 1 from passage 22a-472
	255	+
	256	+	ENV Joint Favorable Subst.
	257	+	JUD Joint Favorable
237	258