Notice of Radioactive Materials and Sources of Ionizing Radiation Permanent Regulation

A public hearing was not requested by October 17, 2025, therefore the public hearing originally scheduled for October 30, 2025 has been cancelled. 

Notice of Intent to Amend Regulations Concerning Radioactive Materials and Sources of Ionizing Radiation

In accordance with the provisions of section 4-168(a) of the Connecticut General Statutes (CGS), the Connecticut Department of Energy and Environmental Protection (DEEP) hereby gives notice of a proposal to amend section 19-24-1 of the Regulations of Connecticut State Agencies (RCSA) and to repeal section 4 of regulation 2024-017A.

The authority to adopt the proposal is granted by CGS sections 22a-6 and 22a-153.  This notice is required pursuant to CGS section 4-168.

Purpose.

The purpose of this proposal is to adopt a permanent replacement for emergency regulations effective on 25 September 2025 and scheduled to expire on 24 March 2026.  In doing so, this proposal maintains the Department’s enforcement authority over the use of radioactive materials and other sources of ionizing radiation.  

Description.

The proposal will halt the repeal (i.e., the proposal would repeal a repeal) of existing regulations concerning ionizing radiation; that repeal of existing regulations is set to occur when the emergency regulations expire after 180 days (i.e., 24 March 2026).  The scheduled repeal was adopted in conjunction with new regulations  necessary to support the Department’s action to become an Agreement State with the Nuclear Regulatory Commission.  As an Agreement State, Connecticut has the authority to license and inspect certain nuclear materials used in the state.  (To become an Agreement State, Connecticut was required to adopt a statutory and regulatory scheme to regulate certain sources of ionizing radiation; neither the emergency regulation nor this proposal modifies the legal scheme required to become an Agreement State.)  When adopting the regulations necessary to become an Agreement State, the Department also began the process of replacing the regulations applicable to sources of ionizing radiation regulated only by the state and not subject to Agreement State.  The regulations currently scheduled for repeal were intended to be replaced with new regulations to make the underlying requirements consistent with current Federal standards and industry practices.  However, in response to President Donald J. Trump’s Executive Order No. 14300, the Federal government announced plans to make a wholesale revision of the underlying Federal requirements as of November 2026.  

Given the ongoing uncertainty in federal rulemaking, repealing and replacing the existing state regulations now could create conflicts with the forthcoming federal requirements and impose unnecessary burdens on the regulated community.  New state regulations adopted prematurely might include provisions that the federal update will later eliminate, leading to confusion and additional compliance costs.  Maintaining the current regulations until the federal rules are finalized ensures a smoother, more predictable transition and minimizes disruption for those subject to the regulations.

The proposal has two parts: (1) the addition of new subsection (c) to section 19-24-1 of the RCSA to recognize regulations adopted on October 1, 2025 and (2) a repeal of the repeal of sections 19-24-1 to 19-24-14, inclusive, sections 19-25a-1 to 19-25a-5, inclusive, and sections 19-25d-1 to 19-25d-11, inclusive, of the RCSA, which will become effective upon expiration of the emergency action on 24 March 2026 absent adoption of this proposal.  

Written comments.  Interested persons are invited to comment on the proposal. Comments should be submitted no later than 5 pm on November 3, 2025 via the eRegulations System (Tracking Number PR2025-026) or electronic mail to Jordana Graveley at jordana.graveley@ct.gov.

Public hearing.  In addition to accepting written comments, DEEP will also hold a public hearing, upon request, on October 30, 2025.  Requests for a public hearing should be submitted no later than 5 pm on October 17, 2025, via electronic mail to Jordana Graveley at jordana.graveley@ct.gov.  If a request for a public hearing is received by the specified deadline, information will be posted on DEEP’s website no later than October 23, 2025 indicating that the public hearing will be held as scheduled and providing the location and time.  Otherwise, information will be posted no later than October 23, 2025, indicating that the public hearing has been cancelled.

Additional information.  The proposal described above, fiscal impact analysis, small business impact analysis and a statement required by CGS section 22a-6(h) are posted on the eRegulations System (Tracking Number PR2025-026).  For further information, contact Jordana Graveley of the Bureau of Air Management by electronic mail to jordana.graveley@ct.gov. 

DEEP is an Affirmative Action/Equal Opportunity Employer that is committed to complying with the requirements of the Americans with Disabilities Act.  Any person with a disability who may need a communication aid or service may contact DEEP’s ADA Coordinator at 860-424-3194 or at deep.hrmed@ct.gov.  Any person needing a hearing accommodation may call the State of Connecticut relay number - 711.  Any person with limited proficiency in English, who may need information in another language, may contact DEEP’s Title VI Coordinator at 860-424-3035 or at deep.aaoffice@ct.gov.  ADA or Title VI discrimination complaints may be filed with DEEP’s EEO Manager at 860-424-3035 or at deep.aaoffice@ct.gov.  Requests for accommodations must be made at least two weeks prior to any agency hearing, program, or event.