The EPA Proposes Stricter Standards For Smog Limit

On August 29, 2014, the Connecticut Department of Energy and Environmental Protection (DEEP) released “Evaluation of Risk-based Decision Making,” a report prepared by CDM Smith under contract to the state. DEEP has now announced that it will accept public comments until September 30, 2014, and will take the report and comments into account in formulating next steps in the multi-year initiative to “transform” Connecticut’s approach to remediating contaminated sites.

The report was prompted by a controversial proposal in the 2013 legislative session to lower the thresholds for requiring “significant environmental hazard” reports concerning contaminated properties. Although a version of that proposal was enacted as part of Public Act 13-308, the General Assembly also directed DEEP to “engage independent experts” to evaluate and recommend best practices in risk-based decision making for site remediation. DEEP must consider the resulting report and make recommendations for statutory and regulatory changes, specifically including the significant environmental hazard statute.