SB 103 — AN ACT CONCERNING HYDRAULIC FRACTURING WASTE IN CONNECTICUT.

General Assembly   RaisedSubstitute Bill No.

103 February Session, 2018   LCO*_____SB00103ENV___030118____* No.AN ACT CONCERNING HYDRAULIC FRACTURING WASTE IN CONNECTICUT.

888   *00888_______ENV* Referred to Committee on ENVIRONMENT   Introduced by:

  (ENV)   AN ACT CONCERNING HYDRAULIC FRACTURING WASTE IN CONNECTICUT.

(4) "Hydraulic fracturing" means the process of pumping a fluid into or under the surface of the ground in order to create fractures in rock for exploration, development, production or recovery of gas.gas, oil and other subsurface hydrocarbons.

and[and] (10) "Waste from hydraulic fracturing" means any wastewater, wastewater solids, brine, sludge, drill cuttings or any other substance used forfor, associated with, or generated secondarily to the purpose of hydraulic fracturing.fracturing;

(b)[.] No(11) person"Natural maygas accept,extraction receive,activities" collect,means store,all treat,geologic transfer or disposegeophysical ofactivities wasterelated fromto hydraulicthe fracturing,exploration for or extraction of natural gas, including, but not limited to, thecore dischargeand ofrotary wastewatersdrilling intoand orhydraulic fromfracturing; a pollution abatement facility.

[,(12) until"Oil theextraction Commissioneractivities" ofmeans Energyall andgeologic Environmentalor Protectiongeophysical adoptsactivities regulations,related into accordance with the provisionsexploration offor chapteror 54,extraction includingof approvaloil, ofincluding, suchbut regulationsnot bylimited theto, standingcore legislativeand regulationrotary reviewdrilling committee,and to:hydraulic fracturing;

(13) "Natural gas waste" means:

(A) Any liquid or solid waste or its constituents that is generated as a result of natural gas extraction activities that may consist of water, brine, chemicals, naturally occurring radioactive materials, heavy metals or other contaminants, (B) leachate from solid wastes associated with natural gas extraction activities, (C) any waste that is generated as a result of or in association with the underground storage of natural gas, (D) any waste that is generated as a result of or in association with liquefied petroleum gas well storage operations, and (E) any products or byproducts resulting from the treatment, processing or modification of any of the wastes described in this subdivision;

(14) "Oil waste" means:

(A) Any liquid or solid waste or its constituents that is generated as a result of oil extraction activities that may consist of water, brine, chemicals, naturally occurring radioactive materials, heavy metals or other contaminants, (B) leachate from solid wastes associated with oil extraction activities, and (C) any products or byproducts resulting from the treatment, processing or modification of any of the wastes described in this subdivision;

and (15) "Application" means the physical act of placing or spreading natural gas waste or oil waste on any road or real property located in this state.

(b) No person may accept, receive, collect, store, treat, transfer, sell, acquire, handle, process or dispose of natural gas waste or oil waste or waste from hydraulic fracturing, including, but not limited to, the discharge of wastewaters into or from a pollution abatement facility [, until the Commissioner of Energy and Environmental Protection adopts regulations, in accordance with the provisions of chapter 54, including approval of such regulations by the standing legislative regulation review committee, to:

The commissioner shall not submit regulations authorized by this subsection to the standing legislative regulation review committee earlier than July 1, 2017, provided the commissioner shall submit such regulations to said committee not later than July 1, 2018.]2018] (c)or [After the adoptionintroduction of thenatural regulations,gas includingwaste the approval of such regulations by the legislative regulation review committee, required by subsection (b) of this section, no] No person shall collect or transportoil waste frominto hydraulicany fracturingsolid forwaste receipt,management acceptancefacility within or transferoperated inby thisthe state.

(c) [After the adoption of the regulations, including the approval of such regulations by the legislative regulation review committee, required by subsection (b) of this section, no] No person shall collect or transport waste from hydraulic fracturing for receipt, acceptance or transfer in this state.

In any such permit the commissioner shall require, in addition to any other conditions, that records be maintained concerning the origins and all intermediate and final delivery points of such wastes from hydraulic fracturing.] (d) No person may sell, offer for sale, offer, barter, manufacture, distribute or use any product for anti-icing, de-icing, pre-wetting or dust suppression that is derived from or that contains natural gas or oil waste or waste from hydraulic fracturing.

Such conditions may include, but are not limited to, a written statement to accompany such product indicating that such product contains or is derived from wastes from hydraulic fracturing.] (e) In implementing the provisions of this section, the commissioner shall request of any person information, including, but not limited to, whether and to what extent an anti-icing, de-icing, pre-wetting or dust suppression product is or may be derived from or contain natural gas or oil waste or wastes from hydraulic fracturing, where the materials used to manufacture any such product were obtained, and the chemical composition of such product or waste from hydraulic fracturing.

(1) Apply for or obtain more than three such approvals pursuant to this subsection, and (2) treat more than three hundred thirty gallons of natural gas waste or oil waste or waste from hydraulic fracturing in accordance with this subsection, regardless of the number of approvals issued to such person.

The commissioner may authorize a single treatment in excess of such gallon limitation by one person provided such authorization allows for the treatment of not more than five hundred gallons of natural gas waste or oil waste or waste from hydraulic fracturing.

For the purposes of this subsection, all natural gas waste or oil waste or wastes from hydraulic fracturing shall be considered to be hazardous waste, as defined in section 22a-448, regardless of the state's incorporation by reference of 40 CFR 261.4(b)(5).

Prior to approving any such research request, the Commissioner of Energy and Environmental Protection shall adopt regulations, in accordance with the provisions of chapter 54, including approval of such regulations by the standing legislative regulation review committee, to:

(A) Eliminate the exemption in the state's hazardous waste management regulations, adopted pursuant to subsection (c) of section 22a-449 for the wastes identified in 40 CFR 261.4(b)(5) and to provide that such wastes shall be subject to the state's hazardous waste management regulations, as applicable, as set forth in sections 22a-449(c)-100 to 22a-449(c)-119, inclusive, and section 22a-449(c)-11 of the regulations of Connecticut state agencies, (B) ensure that any radioactive materials that may be present in wastes from hydraulic fracturing do not create or will not reasonably be expected to create a source of pollution to the air, land or waters of the state and do not otherwise pose a threat to the human health or the environment of this state, (C) require disclosure of the composition of the waste from hydraulic fracturing, and (D) provide for the maintenance of records concerning the origins and all intermediate and final delivery points of such wastes from hydraulic fracturing.

Section 1 from passage 22a-472 Statement of Purpose:Legislative Commissioners:

ToIn prohibitSubsection the(g), receipt,"the collection,commissioner storage,shall treatmentrequire andthat disposalrecords be maintained" was changed to "provide for the maintenance of wasterecords" fromfor hydraulicadherence fracturing.to standard drafting conventions.

[ProposedENV deletionsJoint areFavorable enclosedSubst. 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.]