After months of intensive discussions with a wide variety of stakeholders, the Department of Energy and Environmental Protection (DEEP) is moving forward with legislation that it characterizes as a comprehensive transformation of Connecticut”™s laws and regulations concerning environmental cleanup.
The initiative stems from last year”™s major brownfield legislation (Public Act 11-141), which directs DEEP, within available appropriations, to conduct a review and develop proposals that would result in “a more streamlined or efficient remediation process.”
The path forward
To its credit, DEEP took the charge seriously and spent several months organizing and staffing stakeholder work groups that studied numerous issues related to the agency”™s myriad cleanup programs. A report evaluating those programs and outlining a conceptual framework for improvement was finalized on Dec. 15. The agency held a public meeting on the framework in January and has since been developing a legislative proposal.
At press time, the specifics of the proposal were still being worked out. However, Connecticut”™s business community has strongly urged the agency to keep the language and spirit of Public Act 11-141 as its guiding priority to ensure the continued protection of human health and the environment, but in a much more efficient manner that will stimulate economic growth and job creation in Connecticut.
DEEP can accomplish that by clarifying and simplifying the process for cleaning up historic contamination through a system that is risk-based, self-implementing, priority-driven and market-focused. And it can be done without a massive legislative proposal that vastly expands the reach and authority of the agency.
For example, the following steps would significantly improve Connecticut”™s standing as a state that places a high priority on both environmental quality and economic growth:
Ӣ Make sensible revisions to the stateӪs Remediation Standards Regulations;
Ӣ Adopt reasonable regulations defining what spills are reportable, along with actions required to ensure that any meaningful short-term risks to human health or the environment from such spills are quickly addressed; and
Ӣ Further stimulate brownfield revitalization by increasing the opportunities for individuals, municipalities, nonprofits and others to take advantage of landmark liability reform passed under Public Act 11-141.
The path backward
Some, however, view the legislation as an opportunity impose stringent deadlines, substantial penalties, and heavy-handed government oversight of a significantly expanded universe of environmental releases ”“ including small spills of nonhazardous substances that pose little or no risk to human health or the environment.
Such an approach would quickly:
Ӣ Overwhelm DEEP spill-response resources. DEEP is already inundated with thousands of calls each year. This is largely because of the agencyӪs interpretation of state law that any spill must be reported, even though the statute calls for regulations (which were never adopted) specifying that only spills posing a potential threat to human health or the environment be reported.
Ӣ Saddle hundreds, possibly thousands, of businesses and municipalities with significant, unanticipated expenses for cleaning up contamination, which is frequently the result of historic activity occurring decades or even centuries before the current owner took possession of the property.
Ӣ Reverse recent progress in reforming ConnecticutӪs historically weak reputation as a state to invest in, especially with respect to brownfield redevelopment.
CBIA will continue to work with DEEP, the legislature and other stakeholders toward positive changes to the state”™s cleanup rules that will accomplish the economic goals of Public Act 11-141 while protecting our environment and public health.
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Eric Brown is a specialist in environmental law and energy issues with the Connecticut Business & Industry Association. Reach him at eric.brown@cbia.com.
