You asked what major public acts reducing air and water pollution were passed in the past four years.

SUMMARY

The General Assembly approved 16 public acts reducing air and water pollution in the past four years. A number of these are major public acts, which are acts having a significant impact on a large number of people. These major acts include measures to reduce (1) air pollution from power plants (PA 02-64), (2) water pollution, including the amount of nitrogen in Long Island Sound (PA 01-180), and (3) the amount of mercury in the environment (PA 02-90). Other laws impose a moratorium on construction of energy and telecommunications lines under Long Island Sound (PA 02-95), require the state to develop a plan to eliminate MTBE from gasoline (PA 00-175), and restrict the use of pesticides in schools (PA 99-165). The governor vetoed two of the acts (PA 02-7 and PA 01-107, which would have imposed a year-long moratorium on consideration or final approval of applications for electric power lines or gas pipelines in Long Island Sound, and imposed tighter air emission standards on the state's older power plants, respectively).

We also have included major environmental acts that do not directly reduce pollutants, such as the Long Island Sound Protection act, intended to protect the Sound's ecosystem, and acts that affect other aspects of the environment as well as air and water, such as the Mercury Education and Reduction Act and the pesticide notification act.

We briefly summarize the acts below. More information on each act is available on line at the Office of Legislative Research web page.

ACTS REDUCING AIR POLLUTION

Power Plant Emissions

PA 02-64-Reducing Sulfur Dioxide Emissions at Power Plants

This act limits, as of January 1, 2005, the use of emissions credit trading as a means of meeting Department of Environmental Protection (DEP) regulatory standards for sulfur dioxide emissions from older power plants. It allows trading only when (1) the DEP commissioner orders its use to offset excess emissions when he suspends the standards due to a shortage of low-sulfur fuel or (2) the restriction threatens the reliability of electricity supply. The act specifies that these provisions do not suspend or alter any underlying procedures or requirements of DEP regulations regarding sulfur dioxide emissions.

The act also codifies with several changes, as of January 1, 2005, (1) the emissions standards that go into effect, under the regulations, on January 1, 2003 and (2) the regulatory provisions that allow the commissioner to suspend these standards.

The act specifies that its provisions do not impair the commissioner's ability to waive, with regard to a "must-run" plant, any sulfur dioxide emissions limit or other permit limits as may be permitted under current state or federal law. A "must-run" plant is one ordered to run by the Independent System Operator, which administers the New England power grid. The act allows the commissioner to attach conditions on such a waiver he considers necessary to mitigate any adverse environmental or public health impacts.

PA 01-107-Clean Air Standards for Certain Power Plants - VETOED

DEP regulations impose tighter air emission standards on the state's older fossil fuel power plants. This act eliminates emissions credit trading as a way for these plants to meet the regulation's stage two sulfur dioxide (SO₂) standards as of December 31, 2004, approximately two years after the standard goes into effect under the regulations. But it adds another option (a tonnage cap) as of this date. It requires plant owners to submit a plan to DEP by July 1, 2002 showing how they will comply with the standards and indicating if they will use the tonnage option.

The act allows, and in certain cases requires, DEP to suspend the stage two standards if there is a shortfall in electricity supply. The act appears to supersede a provision in the regulations that allows the DEP commissioner to waive the standards for a plant that normally meets them by burning low sulfur fuel if he finds that there is an emergency shortage in the supply of such fuel.

The act includes several provisions, including a gross receipts tax exemption on low sulfur oil and economic development incentives, to reduce the costs of complying with its requirements. It bars owners of units that have violated the SO₂ and nitrogen oxide standards in the regulations more than once from bidding for default electric service. By law, the electric utilities must bid out the supply of electricity for this service, which provides power after January 1, 2004 to people who do not choose a competitive supplier.

School Bus Emissions

PA 02-56-School Bus Idling

This act statutorily prohibits stopped school buses from idling their engines for more than three minutes, with certain exceptions. (Regulations already prohibit buses and other "mobile sources" from idling more than three minutes in most instances. ) The act's exceptions are when:

1. a bus must remain motionless because of traffic conditions or mechanical problems over which the driver has no control;

2. it is necessary to operate heating, cooling, or auxiliary equipment needed for the bus's proper operation;

3. the outside temperature is below 20 degrees Fahrenheit;

4. the bus is being repaired;

5. it is necessary to maintain a safe temperature for special needs students; or

6. the driver is picking up or discharging passengers on a public highway or public road.

The act makes a first violation an infraction, for which the total amount due is $ 102, if paid by mail. Subsequent offenses are punishable by fines of between $ 100 and $ 500.

Pesticide Application

PA 99-165-Notice of Pesticide Applications at Schools and Day Care Centers

This act requires all schools, except regional vocational-agriculture schools, to employ certified pesticide applicators to apply pesticides in school buildings or on school grounds and prohibits most public schools from using pesticides during school hours and activities, except in emergencies. In emergencies, non-certified personnel may apply general use pesticides.

The act also requires most public schools without integrated pest management (IPM) plans to:

1. inform parents, guardians, and staff of the school's pest management policy at the beginning of each school year;

2. establish a registry of parents, guardians, and staff who want notice of pesticide use in advance;

3. provide such notice by mail at least 24 hours in advance, except in emergency situations; and

4. maintain pesticide application records for five years after each application.

It establishes similar requirements for schools with IPM plans, except they (1) can provide notice on the day a pesticide is used, rather than 24 hours in advance, and by any method, rather than by mail; (2) need not identify the target pest in the notice; and (3) must provide staff with IPM educational information.

The act prohibits day care facilities from using pesticides during business hours, except in emergencies.

IPM is the use of all available pest control techniques including judicious use of pesticides, when warranted, to maintain a pest population at or below an acceptable level, while decreasing the unnecessary use of pesticides. The DEP is authorized to develop model IPM plans for school boards.

By law, pesticides and pesticide uses are classified as "restricted use" or "general use. " Generally, the federal Environmental Protection Agency (EPA) or the DEP may classify a pesticide as restricted use if it determines the pesticide may present a hazard to the applicator or other people because of acute dermal or inhalation toxicity or unreasonable adverse effect on the environment.

Asphalt and Sewage Sludge Incineration Plants

PA 01-204-Revisions to the Transfer Act and Other Various Environmental Statutes

This act includes a provision extending, from July 1, 2001 to July 1, 2004, the moratorium on the commissioner granting permits for asphalt plants. But it allows him to issue permits that will improve the environmental performance of an existing plant. It also allows him to issue permits for replacement plants, so long as they improve environmental performance or air quality.

It also requires that operators of sewage sludge incineration plants test their air emissions for mercury, metals, and hydrocarbons by January 1 of each year. They must conduct the tests and review and report the results in accordance with DEP procedures. After reviewing the report, DEP can order additional testing or control measures if it determines them necessary and reasonable to protect human health or the environment.

ACTS REDUCING WATER POLLUTION

Long Island Sound

PA 02-95-Protection of Long Island Sound

This act establishes moratoriums, effective on passage, on (1) consideration or final approval of proposals to build energy and telecommunications lines through Long Island Sound and (2) final approval of overland electric transmission lines from Bethel to Norwalk.

It establishes a one-year moratorium on consideration or final approval of applications (including pending applications) to build a gas pipeline, electric power line, or telecommunications line across the Sound. It exempts from the moratorium applications limited solely to the maintenance, repair, or replacement of such lines already used to provide service to certain Connecticut customers. It specifically exempts the replacement of existing electric cables in the corridor from Norwalk to Northport, N. Y.

By the end of the one-year moratorium period, the act requires the preparation and completion of a comprehensive environmental assessment and plan ("assessment") of the Sound's natural resources. It requires the Institute of Sustainable Energy at Eastern Connecticut State University to lead a task force in preparing the assessment.

Upon completion of the assessment, DEP, the Connecticut Siting Council, and any other state agency must, when considering an application for an electric power line, gas pipeline, or telecommunications crossing of the Sound, evaluate the application for its (1) likelihood to impair the public trust in Long Island Sound based on information contained in the assessment; (2) consistency with the assessment's recommendations; and (3) individual and cumulative environmental impact, as anticipated by the assessment.

The act requires the Siting Council to request, within 15 days of the act's passage, that the Federal Energy Regulatory Commission (FERC) not approve any new electric power line, gas pipeline or telecommunications crossing until the assessment is completed, and that FERC avoid environmental damage to the Sound to the greatest extent possible by considering the assessment's recommendations when licensing a project. If FERC does consider an application for an electric power line, gas pipeline or telecommunications crossing, the Siting Council and other state agencies having jurisdiction must review the project and recommend to FERC siting, construction procedures, and environmental mitigation measures that conform with the assessment, to the extent such information is available.

The act prohibits any state agency from granting final approval to applications, including pending applications, relating to existing electric transmission lines from Bethel to Norwalk, until February 1, 2003. But it allows routine maintenance and repair of such lines. It requires the Institute for Sustainable Energy to lead a working group to study the economic, environmental, reliability, operational, technical, power, and safety aspects of installing such lines, and requires it to report its findings and recommend any necessary statutory changes by January 1, 2003. DEP and the Siting Council must determine, after the report is published, whether any decision or opinion rendered on any such application is consistent with the report's findings. The act bars any applicant who elects to proceed with his application despite the moratorium from accruing legal rights or financial entitlements.

PA 02-7-Hydrogen Production Facilities and Hydrogen Conversion Technology and the Protection of Long Island Sound - VETOED

This act establishes a one-year moratorium, effective upon passage, on consideration or final approval by state agencies of applications (including pending applications) relating to an electric power line or gas pipeline across Long Island Sound. The act affects, among others, the Connecticut Siting Council and DEP.

The act bars the construction of any electric power line within the Sound for one year to allow for a comprehensive environmental assessment and plan to be completed. This provision applies regardless of any provision of the statutes or any approval received before the act's effective date.

Any application for a gas pipeline or electric power line crossing the Sound that the Siting Council or DEP considers after the assessment and plan are completed must be evaluated on the application's (1) likelihood to impair the public trust in the Sound, based on information in the assessment and plan and (2) consistency with the assessment and recommendations in the plan.

These provisions do not apply to projects located in the mile-wide corridor across Long Island Sound from Norwalk to Northport, New York that are currently occupied by electric cables.

Within 15 days of its passage, the act requires the Siting Council to submit an advisory opinion to FERC on behalf of the state. The opinion must ask FERC to (1) not approve any individual new power line or gas pipeline crossings for one year to allow for the completion of the assessment and plan and (2) avoid environmental damage to the Sound to the greatest extent possible when licensing any future gas pipelines, by considering the assessment and the plan's recommendations.

PA 01-180-Nitrogen Reduction in Long Island Sound

This act requires DEP to issue a general permit limiting the total amount of nitrogen discharged into Long Island Sound by municipal sewage treatment plants. It also requires DEP to set individual discharge limits for each plant, based on the total maximum daily load (TMDL) and each plant's location. The TMDL, established by DEP and approved by the EPA, is the maximum amount of nitrogen that can be discharged into the Sound without significantly impairing its water quality.

The act establishes a nitrogen credit exchange program. Nitrogen credits are created when a plant reduces its nitrogen discharges below the level the permit requires. DEP must adjust these credits to account for the relatively greater harm to Long Island Sound caused by nitrogen discharged from plants that are closer to the shoreline. The resulting credits are called equivalent nitrogen credits. Plants can meet their discharge limit by purchasing credits through DEP from plants that have reduced their discharges below their permit levels. In addition, the act creates state-owned credits.

The act authorizes DEP to (1) establish, oversee, and manage the credit exchange program, and (2) create a Nitrogen Credit Advisory Board. DEP must consult with the board about the program. The board must annually propose to DEP the value of equivalent nitrogen credits using a formula established by the act. The act allows municipalities to challenge the value proposed by the board and creates an arbitration process to resolve challenges. DEP or the arbitration panel, as applicable, sets the value of the credits.

The act requires DEP, on an annual schedule, to purchase all available credits and make them available to plants that would otherwise exceed their discharge levels. DEP may also sell the credits to other entities.

The act authorizes DEP to administer the program with money from the purchase and sale of credits. It may use money from the Clean Water Fund to operate the program if necessary.

Mercury

PA 02-90-Mercury Education and Reduction

This act establishes a comprehensive scheme governing the sale, use, distribution, disposal and notification requirements for mercury and many products that contain mercury.

It (1) requires manufacturers to notify the DEP commissioner of their products' mercury content and imposes other notice requirements; (2) restricts the sale of a number of mercury-added products, phasing down their maximum allowable mercury content; and (3) generally bans the sale, starting January 1, 2003, of mercury thermometers, mercury-containing novelties, and certain other products.

It requires the commissioner to participate in and consult with a multi-state clearinghouse and to serve as its designated agent to help coordinate and carry out the act's requirements.

It requires mercury-added products (products to which mercury has been intentionally added) and their packaging to be labeled as to their mercury content. It requires their manufacturers to develop and implement plans for their collection and recycling and report to DEP on the system's effectiveness. The collection requirements do not apply to certain products, including cosmetics and pharmaceuticals, meant to be totally consumed during use. The commissioner must review state regulations on the handling of mercury wastes and may, if necessary, amend them to facilitate collection.

The act's notice requirements take effect January 1, 2003 and apply to mercury-added products manufactured after that date. Its collection requirements take effect July 1, 2003 and apply to mercury-added

products manufactured after that date. Its labeling requirement and the first stage of its phase-down requirements take effect July 1, 2004 and apply to mercury-added products manufactured after January 1, 2004.

The act exempts motor vehicles manufactured before October 1, 2003 from its notice, phase-down, labeling, and collection requirements.

PA 99-228-Products Containing Mercury and the Universal Waste Rule

This act requires the DEP to (1) adopt a mercury-containing products label if one is adopted by the New England Governors' Conference and the eastern Canadian premiers and (2) require any products it deems necessary to carry the label. The act generally prohibits the sale of such products after DEP adopts the regulations, unless the label clearly indicates the presence of mercury and that the product must be disposed of properly or recycled.

Lamp manufactures must inform distributors, in writing, that lamps contain mercury and provide a description of the state's laws governing spent lamp disposal. The required information may be provided on the lamps themselves, on their packaging, or in enough printed material to distribute to consumers. Manufacturers must also give municipalities information on appropriate spent-lamp management practices.

The act required DEP to publish notice by July 1, 1999 of intent to adopt regulations to implement a set of alternative waste management standards (known as the Universal Waste Rule) for certain potentially hazardous wastes. It required DEP to petition the EPA to include fluorescent lamps under the rule. The regulations must provide for and facilitate recycling of electronic equipment and the storage of such equipment before recycling.

The act required the Connecticut Resources Recovery Authority (CRRA) to report to the Environment Committee by January 1, 2001, regarding changes in the volume of mercury-containing products in the waste stream since January 1, 1999. DEP had to report to the governor and the General Assembly by February 1, 2000, regarding the feasibility and effectiveness of certain measures to reduce the overall amount of mercury in the waste stream.

MTBE

PA 00-175-The Use Of MTBE

This act require DEP, in conjunction with the Northeast Regional Fuels Task Force, to develop and implement a plan to eliminate methyl tertiary butyl ether (MTBE) as a gasoline additive by October 1, 2003. It also requires DEP to seek an EPA waiver to stop the use of MTBE as a gasoline additive in Connecticut.

Beginning January 1, 2001 and annually thereafter through 2003, the act require DEP to report to the Environment Committee on the plan and regional efforts to reduce MTBE levels in gasoline.

MTBE is a synthetic chemical most commonly used to add oxygen to reformulated gasoline (RFG). Oxygenates like MTBE produce more complete fuel combustion and result in less carbon monoxide and ozone-forming emissions. Beginning in 1995, the federal Clean Air Act required implementation of an RFG program in the nine worst ozone standard non-attainment areas in the country, including most of Connecticut. However, MTBE can leak from underground storage tanks into ground and drinking water supplies, posing a potential health risk.

Underground Storage Tanks

PA 00-201-The Underground Storage Tank Amnesty Program

This act makes many changes to the residential underground storage tank (UST) amnesty program. The program provides protection from civil liability to the state for residential UST owners who remove or replace their tanks between July 2, 1999 and December 31, 2001. It allows contractors registered with DEP to recover related remediation expenses from bond funds for the removal or replacement of such tanks.

The act:

1. expands the scope of the program and establishes a subaccount to hold the bond funds;

2. extends the amnesty to future property owners, but makes people who violate DEP orders to remove or discontinue use of a tank ineligible for the amnesty;

3. authorizes the governor to appoint an additional member to the existing 13 member UST Petroleum Clean-Up Account review board;

4. requires the board to develop guidelines for reimbursement decisions and for contractor training and qualifications ( in addition to the existing statutory qualifications) ; and

5. establishes an appeals process for board decisions.

The act changes contractor registration procedures and requirements. It: (1) requires additional people to register, (2) allows DEP to reject applications and revoke registrations that fail to meet certain regulatory standards, and (3) establishes a $ 250 registration renewal fee.

The act requires DEP to adopt residential UST regulations and requires contractors to comply with them and meet existing remediation standards. It requires contractors to clearly inform customers of costs that the program may not cover. Under the act, contractors must submit all eligible costs to the board for reimbursement. They may not bill customers for such costs beyond the first $ 500 if they fail to do so, unless they have a separate contract with the customer. Contractors must notify DEP when remediation estimates exceed $ 10,000, and DEP must conduct an investigation. The act allows reimbursement of costs above $ 50,000 under certain circumstances.

PA 99-269-An Amnesty Program for Removal of Home Heating Oil Tanks

This act establishes an amnesty program for residential underground storage tank (UST) owners who remove or replace their tanks between July 1, 1999 and January 1, 2002. It allows them to recover related remediation expenses from funds administered by the UST account board if they use DEP-approved contractors. The reimbursements must be paid from $ 2 million allocated to DEP annually for the next two fiscal years.

The act establishes a DEP registry for contractors and requires them to pay a fee and provide certain minimum financial assurances. It requires them to notify DEP if they estimate remediation activities will exceed $ 5,000. The UST account board may reject costs in excess of $ 5,000 at its discretion if the contractor did not notify DEP. Contractors are barred from seeking to recover rejected costs from the tank owner.

The act expands the UST account board from 12 to 13 members. The new member is appointed by the Senate president pro tempore and must be experienced in the delivery, installation, removal, and remediation of USTs.

DEP had to report to the Environment Committee by January 1, 2000, and annually thereafter until January 1, 2003, on the amnesty program's use and the state's remediation liability resulting from the program.

Drinking Water

PA 02-129-Wastewater Discharges in Drinking Water Supply Watersheds

This act bars the DEP commissioner from issuing a discharge permit for an alternative on-site sewage treatment system within a drinking water supply watershed, unless he determines the system is:

1. the only feasible solution to an existing water pollution problem and the new system's capacity does not exceed that of the failed on-site system or

2. for expanding a municipal or public school project or constructing a new one on the site of an existing municipal or public school project in a town where a majority of the land is located within a drinking water supply watershed.

The act applies specifically to alternative on-site sewage treatment systems defined in the Public Health Code as "a system serving one or more buildings on one property which utilizes a method of treatment other than a subsurface sewage disposal system and which involves a discharge to the waters of the state. " Subsurface sewage treatment systems include septic tanks and accompanying leaching systems.

Prior law required the commissioner to issue a discharge permit for any facility if the application was consistent with the federal Clean Water Act and (1) the discharge would not pollute state waters or (2) the system proposed to treat the discharge would protect state waters from pollution.

Miscellaneous

PA 00-19-Criminal Violations of Environmental Laws

This act makes several changes to the enforcement laws regarding hazardous waste record keeping, handling, transportation, storage, and disposal, and it increases the penalties for violating them. It expands the state hazardous waste program to cover used oil and establishes corresponding penalties for used oil violations.

It increases the maximum penalties for knowing (i. e. , willful) violations of the state's water pollution control laws, environmental protection cease and desist orders, and activities authorized under the DEP's general authority. It also increases the penalty for knowingly making false statements, representations, or certifications in documents required in connection with such laws, orders, and activities.

It defines "dispose" for purposes of polychlorinated byphenyls (PCB) disposal permits and authorization and makes minor and technical changes.

PA 99-68-Termination of Certain Operations Regulated by the Department of Environmental Protection

This act requires owners and operators of certain facilities that produce, use, store, or handle regulated substances (e. g. , hazardous substances) to notify DEP when they terminate all activities at the facility and, within 90 days, to conduct certain closure activities and provide additional information and certifications to the department. It requires DEP to inspect the facilities after the activities are complete. It also requires DEP to provide notice of the termination requirements when issuing or renewing a permit to handle regulated substances.

Under the act, "regulated substances" are petroleum, flammable substances, hazardous and extremely hazardous substances as defined by federal law, and PCBs in concentrations over 50 parts per million. The act authorizes DEP to adopt regulations related to the termination of regulated activities.

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