2013 Proposed Water Quality Standards Regulations

2013 Proposed Connecticut Water Quality Standards Regulations

The Water Quality Standards set the overall policy for management of surface water and ground water quality in accordance with the state and federal clean water programs. They designate use goals, define allowable discharges, and identify measures necessary to maintain the chemical, physical, and biological integrity of Connecticut’s waters, provide for the protection and propagation of fish, shellfish, and wildlife, for recreation in and on the water, and to protect public and private drinking water supplies.The established Water Quality Standards go through a public review process in accordance with state statute and federal law.

The most recent revision of the Standards was finalized February 25, 2011.These regulations are being proposed by the Commissioner of the Department of Energy and Environmental Protection under the authority of section 22a-426 of the Connecticut General Statutes (CGS). This section of the CGS was recently amended to require the promulgation of the state’s Water Quality Standards as regulations. The proposed regulations codify the existing Standards into a regulatory format in fulfillment of the statute’s requirements.

Note: There are no substantive changes to the existing standards proposed as part of this rulemaking exercise. Substantive changes to the Water Quality Standards Regulations may be made as part of the formal triennial review process anticipated to begin in the Fall of 2013. The Department intends to solicit public comments on future changes to the Connecticut Water Quality Standards Regulations after completion of the proposed conversion to regulations.

The proposed regulations will be known as the Connecticut Water Quality Standards Regulations. The proposed regulations include, but are not limited to, provisions regarding: (1) short title and description; (2) purpose, goals and applicability; (3) definitions; (4) surface waters; (5) biological condition gradient model; (6) lake tropic categories; 7) ground waters; 8) anti-degradation standards and anti-degradation implementation policies; and 9) environmental criteria.

Connecticut Water Quality Standards Regulations - Notice of Availability

Steps in the Connecticut Water Quality Standards Regulations Rulemaking Process:

  1. Public “Notice of Intent to Adopt Regulations and Hold a Public Hearing” published in the CT Law Journal - Completed on 4/16/2013
  2. DEEP informational meeting - Completed on 5/7/2013
  3. Public Hearing - oral and written testimony accepted - Completed on 5/21/2013
  4. Hearing Report - oral and written comments and DEEP responses - Completed on 6/14/2013
  5. Final proposed regulations and associated documents submitted to Commissioner for approval - Completed on 6/17/2013
  6. DEEP submits final regulations to Attorney General for “Legal Sufficiency” approval per CGS 4-169 - Completed on 6/17/2013
  7. DEEP notifies all interested parties of decision to take action on regulations and availability of final wording - Completed on 6/25/2013
  8. DEEP submits final regulations to Office of Fiscal Analysis and Comm. of Cognizance (Environment Committee) - Completed on 8/5/2013
  9. DEEP submits final regulations for approval to Legislative Regulation Review Committee (LRRC) per CGS 4-170 - Completed on 8/5/2013; LRRC approved regulations on 9/24/13
  10. Regulations filed with Secretary of State's Office per CGS 4-172 (regulations effective under CT State law upon filing) - Completed on 10/10/2013
  11. Publication of regulations in the CT Law Journal
  12. DEEP submits final regulations for review and approval to US EPA
  13. US EPA reviews and approves final regulations (regulations effective under federal law)
  14. Water Quality Standards Regulations in effect under both state and federal law

Related Documents:

Exhibits for the Proposed Water Quality Standards Regulations
Exhibit Number Exhibit Document
Exhibit 1 Authorization to Hold a Public Hearing, authorizing Brian Thompson to conduct a hearing, signed by Commissioner Daniel C. Esty on March 25, 2013
Exhibit 2 The Notice of Intent to Adopt Regulations and to Hold a Public Hearing,signed by Commissioner Daniel C. Esty on March 25, 2013
Exhibit 3 The Notice of Intent to Adopt Regulations and to Hold a Public Hearing, published in the Connecticut Law Journal on April 16, 2013
Exhibit 4 Affidavit of Publication in Newspapers on April 15, 2013
Exhibit 5 Proposed Water Quality Standards Regulations, dated April 16, 2013
Exhibit 6 The Notification Form of Small Business Regulatory Impact and Regulatory Flexibility Analysis, dated March 1, 2013
Exhibit 7 The Notification Form of Agency Fiscal Estimate of Proposed Regulations, dated March 1, 2013
Exhibit 8 Statement Pursuant to Section 22a-6(H) of the Connecticut General Statutes Regarding Proposed Regulations
Exhibit 9 Letters transmitting the Notice of Intent to Adopt Regulations to the Environment Committee, the New England Interstate Water Pollution Control Commission, US EPA Region 1, the list of persons requesting advance notice of regulation-making proceedings, and additional interested parties
Exhibit 10 Email notifying US EPA Region 1 of the publication of the Notice of Intent to Adopt Regulations, dated April 16, 2013
Exhibit 11 Attendance sheet for public informational meeting held on May 7, 2013
Exhibit 12 A copy of the presentation given at the public informational meeting held on May 7, 2013
Exhibit 13 Attendance sheet for the public hearing held on May 21, 2013
Exhibit 14 Letter from Ellen Blaschinski, Chief, State of Connecticut, Department of Public Health, dated April 29, 2013
Exhibit 15 Letter from Jacqueline Talbot, Lower River Steward, Connecticut River Watershed Council, dated May 20, 2013
Exhibit 16 Correspondence from Kachina Walsh-Weaver, State Relations Manager for Connecticut Conference of Municipalities, dated May 21, 2013
Exhibit 17 Correspondence from Ellen Weitzler, P.E., Acting Water Quality Branch Chief and Water Quality Standards Coordinator, USEPA – New England Region 1, dated May 21, 2013
Exhibit 18 Correspondence from Elizabeth Gara, Executive Director, Connecticut Water Works Association, dated May 21, 2013

Content last updated on October 17, 2013