November 15, 2007 |
2007-R-0526 | |
DEP REGULATIONS | ||
| ||
By: Paul Frisman, Principal Analyst | ||
You asked for a list of statutes that (1) require or (2) authorize the Department of Environmental Protection (DEP) to adopt regulations. You wanted to know in which cases DEP has done so.
SUMMARY
We list a total of 189 statutes, 89 of which require DEP to adopt regulations. DEP has adopted regulations in 122 instances, including 70 of the 89 instances in which it is required to. We list these statutes by Title: Title 15 – Boating; Title 22a – Environmental Protection; Title 23 – Parks, Forests and Public Shade Trees; Title 25 – Water Resources, Flood and Erosion Control; and Title 26 – Fisheries and Game. We also (1) describe the regulation's purpose, (2) indicate whether the statutes require adoption, and (3) whether DEP has done so. In instances where the regulatory citation differs from that of the authorizing statute, we include the regulatory citation. In those instances in which DEP has not adopted regulations when required to do so, we provide the department's explanation in accompanying footnotes. We are still awaiting information from DEP on several regulations, which we note with asterisks. We will provide that information to you when we receive it.
Title 15: Boating
Regulation's Purpose |
Mandatory? |
Adopted |
CGS § 15- |
Discharge of sewage from vessels 1 |
Yes |
No |
174 |
Boating safety and marine dealer identification numbers |
Yes |
Yes |
121(c) |
Content of safe boating courses |
Yes |
Yes |
140f |
Reinstatement of safe boating certificate |
Yes |
Yes |
140v |
Boating safety certificates and contents of safe boating courses |
Yes |
Yes (Conn. Agency Regs. § 15-140f) |
133c |
Boating under the influence |
No |
No |
140q |
Publishing boating regulations |
No |
No |
138 |
Personal watercraft (Jet ski) safety courses |
No |
Yes |
140j |
Boat operation on water bodies between towns |
No |
Yes (Conn. Agency Regs. § 15-121) |
136 |
1 DEP states that adoption of these regulations is unnecessary and would duplicate existing federal rules.
Title 22a – Environmental Protection
Regulation's Purpose |
Mandatory? |
Adopted |
CGS § 22a- |
X-ray devices used for diagnosis and therapy |
Yes |
Yes (Conn. Agency Regs. § 19-25d) |
153 |
Water quality standards |
Yes |
Yes |
426 |
Water diversion criteria and policies |
Yes |
Yes |
377 |
Utility pesticide management plans 2 |
Yes |
No |
66k |
Universal Waste |
Yes |
Yes (Conn. Agency Regs. § 22a-449(c)-113) |
209i |
Underground storage tank (UST) regulations |
Yes |
Yes |
449(d) |
Tidal Wetlands Preservation |
Yes |
Yes |
30 |
Storage and regulation of oil, petroleum, chemical liquids and other hazardous wastes |
Yes |
Yes |
449 |
Standards for the beverage container identification code |
Yes |
Yes |
255b |
Solid Waste Management Plan |
Yes |
Yes |
228k |
Soil and water conservation |
Yes |
Yes |
315 |
Sewer and water pollution control grants |
Yes |
Yes |
439 |
Sewage system additive registration |
Yes |
Yes |
461 |
Road salt storage 3 |
Yes |
No |
474 |
Revocation and reinstatement of municipal authority to regulate wetlands |
Yes |
Yes |
42d |
Revocation and reinstatement of municipal aquifer regulations 4 |
Yes |
No |
354t |
Resources Recovery Plants 5 |
Yes |
No |
231 |
Resources Recovery Plant Operators |
Yes |
Yes |
238 |
Residential USTs |
Yes |
No |
449m |
Reporting of certain nuclear energy incidents |
Yes |
Yes |
135 |
Remediation standards |
Yes |
Yes |
133k |
Remedial action funding |
Yes |
Yes |
133f |
Registration of X-ray devices |
Yes |
Yes (Conn. Agency Regs. § 19-25a) |
150 |
Practices and procedures for water diversion hearings |
Yes |
Yes |
372 |
Pesticide registration and classification |
Yes |
Yes |
50 |
Pesticide application by state agencies |
Yes |
Yes |
66l |
Payments from UST Clean-Up Fund |
Yes |
Yes |
449e |
Packaging Material 6 |
Yes |
No |
255d |
Oil and gas exploration |
Yes |
Yes |
472 |
Notice of pesticide application |
Yes |
Yes |
66a |
New discharge permits |
Yes |
Yes |
430 |
Municipal solid waste recycling plan |
Yes |
Yes |
241 |
Municipal fee schedule |
Yes |
Yes (Conn. Agency Regs. § 22a-430-6 (m) |
6(c) |
Lake water quality |
Yes |
Yes |
339d |
Ionizing radiation sources |
Yes |
Yes (Conn. Agency Regs. § 19-24) |
148 |
Ionizing radiation source records and exposure reports |
Yes |
Yes (Conn. Agency Regs. § 19-24-10 et seq. ) |
158 |
Installation of gasoline vapor recovery systems |
Yes |
Yes |
174e |
Inland-Wetlands and Watercourses Act |
Yes |
Yes |
39 |
Implementing Connecticut Environmental Policy Act |
Yes |
Yes |
1g |
Hazardous waste facility siting, construction, operation, closure, and post-closure |
Yes |
Yes |
116 |
Farm resource management plan7 |
Yes |
No |
354m |
Establishing schedules for issuing permits 8 |
Yes |
No |
6p |
Environmental Land Use Restrictions |
Yes |
Yes |
133q |
Emissions performance standards for electricity supplied to end-use customers 9 |
Yes |
No |
174j |
Eligibility for coastal management grants |
Yes |
Yes |
113b |
Distribute funds from the endangered species, natural area preserve and watchable wildlife accounts |
Yes |
Yes |
27l |
Disposal or recycling of ash residue 10 |
Yes |
No |
208g |
Dioxin/furan emissions |
Yes |
Yes |
191 |
Designation of items to be recycled |
Yes |
Yes |
241b |
Delegation of inspection and enforcement authority |
Yes |
Yes |
2a |
Dam inspection and classification |
Yes |
Yes |
409 |
Community Right to Know Act* |
Yes |
605 | |
Coastal management grants to towns |
Yes |
Yes |
112 |
Clean Water Fund |
Yes |
Yes |
477, 482 |
Civil penalty schedule |
Yes |
Yes |
6b |
Civil penalties for effluent limit violations and failure to submit adequate discharge monitoring report |
Yes |
Yes |
6e |
Bottle Redemption |
Yes |
Yes |
245 |
Ban on certain detergents |
Yes |
Yes |
462 |
Aquifer protection land use controls |
Yes |
Yes |
354i |
Aquifer mapping |
Yes |
Yes |
354b |
Air pollution abatement |
Yes |
Yes |
174 |
Adoption of recycling symbols 11 |
Yes |
No |
255c |
Adoption of California emissions standards |
Yes |
Yes (Conn. Agency Regs. § 22a-174-36) |
174g |
Watercourses to be used for pesticide spraying |
No |
No |
54 |
Water pollution regulations* |
No |
424 | |
Water diversion permit fees |
No |
No |
379 |
Water diversion general permits |
No |
Yes |
378a |
Water diversion exemptions |
No |
Yes |
377 |
Wastewater treatment facility operators |
No |
Yes |
416 |
UST milestones |
No |
No |
449p |
Use of Sodium Fluoracetate |
No |
No |
66y |
Transfer Act fees |
No |
No |
134e |
Transfer Act |
No |
No |
134a |
Termination of operations at hazardous waste facilities |
No |
No |
134g |
Subscription Fee Schedule |
No |
No |
6(g) |
Stream channels |
No |
No |
347 |
Spill reporting requirements |
No |
No |
450 |
Solid Waste permits |
No |
Yes |
208a |
Regulations for which there are federal standards and procedure |
No |
No |
6(h) |
Radiation operating standards |
No |
No |
162 |
Provide for market-based programs to achieve attainment of National Ambient Air Quality Standards |
No |
No specific regulations, but referred to in Conn. Agency Regs. §§ 22a-174a, 20(ee), 22a, 22b and 22c |
174f |
Procedural regulations |
No |
Yes (Conn. Agency Regs § 22a-3a) |
6 |
Plantings to offset CO2 emissions |
No |
No |
174d |
Planning grants for regional household hazardous waste facilities |
No |
No |
134l |
Pesticide Use |
No |
Yes |
66 |
Pesticide record-keeping |
No |
No |
58 |
Pesticide distributor registration |
No |
Yes |
56 |
Pesticide applicators |
No |
Yes |
55 |
Pesticide application in state waters |
No |
Yes |
66z |
Pesticide application businesses |
No |
Yes |
66j |
Permits for dredging, erection of structures, placement of fill or mooring areas* |
No |
361 | |
PCB restrictions |
No |
No |
468 |
PCB disposal |
No |
No |
117 |
Noise pollution |
No |
Yes |
69 |
Nitrogen credit exchange program |
No |
No |
526 |
Newsprint recycling |
No |
No |
256u |
New discharge general permits |
No |
No |
430b |
Municipal Solid Waste compost |
No |
No |
208q |
Municipal drinking water grants |
No |
Yes |
471 |
Mercury emission limits |
No |
Yes |
199 |
Litter control |
No |
No |
251 |
Licensing of ionizing radiation sources |
No |
No |
154 |
Licensed Environmental Professionals |
No |
Yes |
133v |
Leaf composting |
No |
Yes |
208i |
Landfill clean-up grants |
No |
No |
133l |
Labeling of mercury products |
No |
No |
209g |
Hazardous waste storage near a watercourse |
No |
No |
134p |
Hazardous waste and hazardous substance permit fees |
No |
Yes |
454 |
Greenhouse gas (GHG) reporting and registry |
No |
No (DEP requires GHG reporting under existing emissions reporting regulations (Conn. Agency Regs. § 22a-174-4(c)) |
200b |
General permits for minor activities within stream channel encroachment lines |
No |
No |
349a |
General permit for minor activity in a wetlands |
No |
No |
45a |
Floating boom/retention devices |
No |
No |
457a |
Fees paid by owners or operators of air contaminant sources. |
No |
Yes |
186 |
Establishing categories of materials not considered solid waste |
No |
No |
209d |
Elimination of mosquito-breeding sites |
No |
No |
45b |
Discarding pesticides and containers |
No |
Yes |
65 |
Dam general permit* |
No |
411 | |
Barring disposal of grass clippings at resources recovery and solid waste facilities |
No |
No |
208v |
Applying pesticides from the air |
No |
Yes |
54 |
Solid waste management regulations* |
209 |
2 DEP states that these regulations were proposed in the late 1980s, but never completed for unclear procedural reasons. According to the department, a section later added to the authorizing statute obviated the need for the regulations.
3 DEP states that it has developed its stormwater program since these regulations were initially drafted. The department has also published road salt storage siting guidelines. DEP expects that additional storage requirements, if necessary, will be handled through the stormwater general permit.
4 DEP states that its limited resources are focused on putting existing municipal program requirements in place, and that failure of municipalities to implement the program has not been a major issue. These regulations may be needed eventually, but are not a priority at this time.
5 DEP states that resources recovery plants are subject to sufficient controls through existing air and solid waste regulations, permits and controls.
6 DEP states that development of these regulations has been extremely complex and controversial, and that need for resources elsewhere precluded their development. Other laws and regulations on toxics and heavy metals have addressed the public health concerns about packaging.
7 According to DEP, PA 98-209 amended section (a) to make the plans discretionary, rather than mandatory, and limited staff resources are focused on completing program mapping and local program implementation. The DEP agricultural best management practices manual was published in 1993 and continues to be used.
8 DEP states that since this authorizing statute was adopted significant progress has been made in streamlining the permit process, including development of a number of general permits. For this reason, the need for these regulations has diminished. DEP states that development of these regulations is not a high priority for the regulated community or the department.
9 DEP halted the regulatory adoption process upon adoption of PA 05-207, which requires the Department of Public Utility Control to investigate the impact of such regulation on electric reliability and electric rates. DEP believes the investigation has not been completed.
10 According to DEP, resource recovery facilities submit ash handling plans as part of their five-year permit renewal cycle, so there is no need for stand-alone regulations on this particular issue.
11 According to DEP, these regulations were never drafted. State-by-state regulations are unnecessary at this time because the federal government has issued guidelines for use of recycling symbols.
Title 23: Parks, Forests and Public Shade Trees
Regulation's Purpose |
Mandatory? |
Adopted |
CGS § 23- |
Tree and plant appraisal guidelines 12 |
Yes |
No |
65 |
Safety education courses for all-terrain vehicles (ATVs) 13 |
Yes |
No |
26d |
Prohibiting consumption and possession of alcoholic beverages |
Yes |
Yes |
4 |
Greenways capital grant and small grants programs |
Yes |
Yes |
101 |
Forest fire-fighting equipment fund and eligibility criteria |
Yes |
Yes |
37b |
Establish state park fees |
Yes |
Yes |
26 |
ATV operating standards and procedures 13 |
Yes |
No |
26f |
State Natural Area Preserves |
No |
Yes |
5 |
Maintain order, safety, and sanitation of state parks |
No |
Yes |
4 |
Forester and logger registration |
No |
Yes |
Conn. Agency Regs. § 23-65g |
Forest practitioner certification and fees |
No |
Yes |
65h |
Forest practices |
No |
No |
65j |
Arborist licensing and exams |
No |
Yes |
61a |
12 By law, appraisals may be made according to interim standards until regulations are adopted. DEP states that the existence of the interim standards makes development of these regulations less imperative, given staffing and time constraints.
13 DEP states that it is premature to develop these regulations because it has not yet been decided on which state lands ATVs will operate. The regulations final form will be affected by the types of property chosen and the eventual implementing legislation.
Title 25: Water Resources, Flood and Erosion Control
Regulation's Purpose |
Mandatory? |
Adopted |
CGS § 25- |
Flood management |
Yes |
Yes |
68h |
Floodplain management grant program 14 |
Yes |
No |
68n |
14 DEP has produced a first draft of these regulations. The formal adoption process should begin next year.
Title 26: Fisheries and Game
Regulation's Purpose |
Mandatory? |
Adopted |
CGS § 26- |
Trade in elephant ivory products |
Yes, if commissioner determines the trade endangers elephants |
No |
315 |
Taking of Lobsters |
Yes |
Yes |
157c (a) |
Stream flow regulations 15 |
Yes |
No |
141b |
Reporting to DEP commissioner |
Yes |
Yes |
157b |
Protect and restore eelgrass 16 |
Yes |
No |
316 |
Private shooting preserves |
Yes |
Yes |
48 |
Nuisance wildlife control |
Yes |
Yes |
47 |
Lobster restoration program |
Yes |
Yes (Conn. Agency Regs. §§26-157c-1 et seq. ) |
157d |
Listing of endangered or threatened wildlife and plants |
Yes |
Yes |
306 |
Fees for trapping, hunting, and archery instruction |
Yes |
Partially (trapping course fee) |
31 |
Deer hunting |
Yes |
Yes |
86a, 86e |
Connecticut Migratory Bird Conservation Stamp |
Yes |
Yes |
27b |
Bait species |
Yes |
Yes (Conn. Agency Regs. § 26-142a-12 |
45 |
Wildlife pen specifications |
No |
Yes |
54 |
Trapping |
No |
No |
72 |
Taxidermy permits |
No |
Yes |
59 |
Sport fishing |
No |
Yes |
112 |
Shooting field dog trials |
No |
Yes |
52 |
Restricting the feeding of wildlife on state-owned property |
No |
No |
25a |
Registration of private waters |