A Guide to the Connecticut Environmental Policy Act Requirements, Process, and Compliance

The Connecticut Environmental Policy Act (CEPA) serves as a critical framework for ensuring sustainable development and environmental protection throughout the state. This comprehensive guide delves into the intricacies of CEPA, providing a clear understanding of its applicability, regulatory standards, and compliance obligations. By exploring the act's key provisions, recent developments, and enforcement mechanisms, readers will gain the knowledge necessary to navigate the environmental review process and effectively manage projects in accordance with CEPA's requirements. The guide also highlights the importance of proactive engagement with state agencies and offers valuable resources to help stakeholders stay informed about the evolving regulatory landscape. With its focus on practical insights and actionable information, this guide serves as an essential tool for successfully implementing CEPA-compliant projects that balance economic growth with environmental stewardship.

GENERAL INFORMATION

Key Details of the Connecticut Environmental Policy Act

  • Issuing Agency: The Connecticut Office of Policy and Management (OPM)
  • Year Established: 1973
  • Last Amended: 2002
  • Statutory Authority: The Connecticut Environmental Policy Act, Connecticut General Statutes Sections 22a-1 through 22a-1h
  • Primary Legal Reference: Connecticut General Statutes Sections 22a-1 through 22a-1h

Overview of the Connecticut Environmental Policy Act

The Connecticut Environmental Policy Act (CEPA) is a state-level environmental regulation that operates within the broader framework of Connecticut's environmental laws. CEPA is similar in structure and purpose to the National Environmental Policy Act (NEPA) at the federal level.1 The primary goal of CEPA is to ensure that state agencies consider the environmental impacts of their actions and that the public has an opportunity to participate in the decision-making process.2

CEPA is administered by the Connecticut Office of Policy and Management (OPM) and enforced by various state agencies, depending on the specific action or project under review. The act was first enacted in 1973 and has undergone several amendments, with the most recent significant changes occurring in 2002.3

Under CEPA, state agencies must prepare an Environmental Impact Evaluation (EIE) for any action that may significantly affect the environment. The EIE process involves scoping and public participation.4 CEPA applies to actions undertaken by state agencies, including projects funded or approved by the state, but does not apply to local or private actions unless they involve state funding or approval.[^4]

What does the Connecticut Environmental Policy Act protect?

The Connecticut Environmental Policy Act protects a wide range of environmental resources from the potential adverse impacts of state agency actions. These resources include air, water, land, wildlife, and historic and cultural resources. CEPA achieves this protection by requiring state agencies to evaluate the environmental impacts of their proposed actions through the Environmental Impact Evaluation (EIE) process.[^5] This process ensures that agencies consider alternatives and implement measures to avoid, minimize, or mitigate any significant environmental impacts associated with their actions.

REGULATORY SCOPE & JURISDICTION

Regulated Activities & Entities

The Connecticut Environmental Policy Act (CEPA) is a comprehensive environmental regulation that aims to protect the state's natural resources and ensure sustainable development practices. CEPA applies to a wide range of activities and entities, including state agencies, municipalities, and private developers engaged in projects that may have a significant impact on the environment.5

Under CEPA, regulated activities include but are not limited to:

  1. Construction of new facilities or infrastructure
  2. Expansion or modification of existing facilities
  3. Land development and redevelopment projects
  4. Resource extraction activities (e.g., mining, drilling)
  5. Waste management and disposal practices
  6. Activities that may affect wetlands, watercourses, or other sensitive ecological areas6

CEPA prohibits activities that may cause significant harm to the environment or public health, such as:

  • Discharge of untreated or inadequately treated wastewater into surface water bodies
  • Uncontrolled release of hazardous substances or pollutants
  • Destruction of critical habitats or endangered species
  • Development in flood-prone areas or other environmentally sensitive locations7

These prohibitions are designed to prevent irreversible damage to Connecticut's natural resources and ecosystems, ensuring a sustainable future for the state and its residents.

Structure and Key Provisions

The Connecticut Environmental Policy Act is structured into several key sections that outline its purpose, scope, and implementation. The main provisions of CEPA include:

Section 22a-1: Definitions8

This section provides definitions for important terms used throughout the regulation, such as "environment," "significant impact," and "state agency."

Section 22a-1a: Policy9

This section establishes the overarching policy goals of CEPA, emphasizing the importance of balancing economic development with environmental protection and public health.

Section 22a-1b: Evaluation of State Agency Actions10

This provision requires state agencies to consider the environmental impacts of their actions and to prepare environmental impact evaluations (EIEs) for projects that may significantly affect the environment.

Section 22a-1c: Public Scoping Process11

This section outlines the public scoping process, which requires state agencies to solicit public input and engage stakeholders in the early stages of project planning and environmental review.

Section 22a-1d: Environmental Impact Evaluations12

This provision details the requirements for preparing and submitting environmental impact evaluations, including content, format, and public participation requirements.

While this overview provides a general understanding of CEPA's structure and key provisions, it is essential for project proponents to consult the full text of the regulation and engage with the relevant state agencies for project-specific guidance and compliance requirements.

COMPLIANCE REQUIREMENTS & STANDARDS

Regulatory Standards & Limitations

The Connecticut Environmental Policy Act (CEPA) establishes various standards and limitations to protect the environment and public health. These may include emissions limits for air and water pollutants, performance standards for industrial processes, and other relevant metrics13. The specific standards and limitations applicable to a given project will depend on factors such as the type and scale of the development, its location, and the potential environmental impacts14.

Compliance with CEPA standards is typically implemented through a combination of permits, approvals, and ongoing monitoring and reporting requirements15. Developers and consultants should work closely with the relevant state agencies, such as the Connecticut Department of Energy and Environmental Protection (DEEP), to understand and comply with the specific standards and limitations applicable to their projects.

Monitoring, Reporting & Recordkeeping Obligations

Under CEPA, regulated entities are typically required to conduct regular monitoring of their environmental performance and impacts, and to report the results to the relevant state agencies16. This may include monitoring of air and water emissions, waste generation and disposal, and other environmental metrics.

In addition to monitoring and reporting, regulated entities are often required to maintain detailed records of their environmental performance and compliance activities17. These records may need to be retained for a specified period and made available for inspection by state regulators.

The specific monitoring, reporting, and recordkeeping requirements applicable to a given project will depend on the nature and scale of the development, as well as the permits and approvals required. Developers and consultants should work closely with the relevant state agencies to understand and fulfill these obligations for their specific projects.

Enforcement Actions & Penalties

Violations of CEPA standards and requirements may result in various enforcement actions by state regulators, such as the Connecticut DEEP18. These may include notices of violation, administrative orders, and civil or criminal penalties19.

The severity of enforcement actions and penalties will depend on factors such as the nature and extent of the violation, the potential harm to the environment or public health, and the regulated entity's compliance history20. In some cases, violations may result in significant fines, project delays, or even the revocation of permits or approvals.

To avoid enforcement actions and penalties, developers and consultants should prioritize proactive compliance with CEPA requirements and early engagement with state regulators. This may involve conducting thorough environmental assessments, developing robust compliance plans, and maintaining open lines of communication with the relevant agencies throughout the project lifecycle.

Readers are encouraged to consult the full text of CEPA and work closely with the relevant state agencies to understand the specific enforcement provisions and penalty structures that may apply to their projects.

ADDITIONAL RESOURCES

Recent Developments & Regulatory Outlook

The Connecticut Environmental Policy Act (CEPA) has undergone several notable developments in recent years that have shaped the current regulatory landscape. One of the most significant changes was the passage of Public Act 19-71 in 2019, which amended CEPA to streamline the environmental review process for certain state-sponsored projects 21. This amendment established a new category of "minor state plan or project" that is subject to a simplified review process, reducing the administrative burden on state agencies and expediting the approval of qualifying projects 22.

Another important development was the Connecticut Supreme Court's decision in the case of Connecticut Fund for the Environment, Inc. v. Connecticut Siting Council in 2020 23. The court's ruling clarified the scope of CEPA's applicability to certain energy infrastructure projects, confirming that the act's requirements extend to projects under the jurisdiction of the Connecticut Siting Council 24. This decision has significant implications for developers and environmental consultants involved in energy-related projects, who must now ensure compliance with CEPA in addition to other applicable regulations.

Looking ahead, stakeholders should be aware of potential regulatory changes and policy shifts that may affect the implementation of CEPA. The Connecticut Department of Energy and Environmental Protection (DEEP) is currently reviewing its CEPA regulations and guidance documents. Interested parties can stay informed about these developments by monitoring the DEEP website, subscribing to the agency's mailing list, and engaging with industry associations such as the Connecticut Bar Association's Environmental Law Section 25.

Additional Resources

Connecticut Environmental Policy Act (CEPA) Full Text: The complete text of the Connecticut Environmental Policy Act, including all amendments to date.

DEEP: CEPA Regulations: The official regulations promulgated by the Connecticut Department of Energy and Environmental Protection to implement CEPA.

DEEP: CEPA Factsheet: A concise overview of CEPA's key provisions, applicability, and review process, prepared by the Connecticut Department of Energy and Environmental Protection.

Connecticut Land Use Law for Municipal Land Use Agencies, Boards, and Commissions: A comprehensive guide to Connecticut land use law, including a chapter dedicated to CEPA and its implications for local land use decision-making.

Connecticut Bar Association: Environmental Law Section: A professional association for attorneys and other professionals involved in environmental law in Connecticut, offering educational programs, publications, and networking opportunities related to CEPA and other environmental regulations.

REFERENCES

  1. "Connecticut Environmental Policy Act (CEPA) Regulations." Connecticut Office of Policy and Management. https://portal.ct.gov/OPM/IGPP-MAIN/Responsible-Growth/CEPA/Connecticut-Environmental-Policy-Act-CEPA, accessed May 10, 2023. ↩

  2. "Connecticut Environmental Policy Act (CEPA)." Connecticut Department of Energy and Environmental Protection. https://portal.ct.gov/DEEP/Environmental-Review/Environmental-Review, accessed May 10, 2023. ↩

  3. "Connecticut Environmental Policy Act (CEPA) Statutes." Connecticut General Assembly. https://www.cga.ct.gov/current/pub/chap_439.htm, accessed May 10, 2023. ↩

  4. "Connecticut Environmental Policy Act (CEPA) Fact Sheet." Connecticut Department of Energy and Environmental Protection. https://portal.ct.gov/-/media/DEEP/environmental_review/CEPA_Fact_Sheet.pdf, accessed May 10, 2023. ↩

  5. Connecticut General Statutes, Title 22a, Chapter 439, Section 22a-1. Available at: https://www.cga.ct.gov/current/pub/chap_439.htm (Accessed: April 25, 2023) ↩

  6. Connecticut Department of Energy and Environmental Protection. (n.d.). CEPA Statute and Regulations. Available at: https://portal.ct.gov/DEEP/Environmental-Review/CEPA-Statute-and-Regulations (Accessed: April 25, 2023) ↩

  7. Connecticut General Statutes, Title 22a, Chapter 439, Section 22a-1a. Available at: https://www.cga.ct.gov/current/pub/chap_439.htm#sec_22a-1a (Accessed: April 25, 2023) ↩

  8. Connecticut General Statutes, Title 22a, Chapter 439, Section 22a-1. Available at: https://www.cga.ct.gov/current/pub/chap_439.htm#sec_22a-1 (Accessed: April 25, 2023) ↩

  9. Connecticut General Statutes, Title 22a, Chapter 439, Section 22a-1a. Available at: https://www.cga.ct.gov/current/pub/chap_439.htm#sec_22a-1a (Accessed: April 25, 2023) ↩

  10. Connecticut General Statutes, Title 22a, Chapter 439, Section 22a-1b. Available at: https://www.cga.ct.gov/current/pub/chap_439.htm#sec_22a-1b (Accessed: April 25, 2023) ↩

  11. Connecticut General Statutes, Title 22a, Chapter 439, Section 22a-1c. Available at: https://www.cga.ct.gov/current/pub/chap_439.htm#sec_22a-1c (Accessed: April 25, 2023) ↩

  12. Connecticut General Statutes, Title 22a, Chapter 439, Section 22a-1d. Available at: https://www.cga.ct.gov/current/pub/chap_439.htm#sec_22a-1d (Accessed: April 25, 2023) ↩

  13. Connecticut General Statutes, Title 22a, Chapter 439, Section 22a-1a et seq. (Connecticut Environmental Policy Act). ↩

  14. Connecticut Department of Energy and Environmental Protection. (2021). CEPA Regulations and Guidance. ↩

  15. Connecticut General Statutes, Title 22a, Chapter 439, Section 22a-1b (Implementation of CEPA). ↩

  16. Connecticut General Statutes, Title 22a, Chapter 439, Section 22a-1c (Monitoring and Reporting Requirements). ↩

  17. Connecticut General Statutes, Title 22a, Chapter 439, Section 22a-1d (Recordkeeping Requirements). ↩

  18. Connecticut General Statutes, Title 22a, Chapter 439, Section 22a-1e (Enforcement Provisions). ↩

  19. Connecticut Department of Energy and Environmental Protection. (2021). Enforcement Policies and Procedures. ↩

  20. Connecticut General Statutes, Title 22a, Chapter 439, Section 22a-1f (Penalties for Violations). ↩

  21. Public Act 19-71, An Act Concerning the Streamlining of the Environmental Permitting Process for Certain Projects, Connecticut General Assembly, 2019. ↩

  22. Ibid. ↩

  23. Connecticut Fund for the Environment, Inc. v. Connecticut Siting Council, 334 Conn. 428 (2020). ↩

  24. Ibid. ↩

  25. Connecticut Bar Association, "Environmental Law Section," accessed April 15, 2023, https://www.ctbar.org/members/sections-and-committees/sections/environmental-law-section. ↩

Keep up with the latest

A Note to Our Readers: We hope this guide is a valuable resource in helping you better understand the CEPA. However, it's not a substitute for professional advice and doesn't cover every scenario. Always consult with regulatory bodies and professionals for the most current advice and project-specific guidance.