Regulation review committee rejects DEEPs release-based cleanup rules; agency says it can resubmit quickly

The Legislative Regulation Review Committee on March 25, 2025 voted to reject without prejudice proposed release-based cleanup regulations submitted by the Connecticut Department of Energy and Environmental Protection (DEEP).

The committee's rejection followed a discussion in which DEEP Commissioner Katie Dykes and Brendan Shane, legal director for DEEPs Environmental Quality Branch, said the agency could address the Legislative Commissioners Office (LCO) reports concerns and resubmit the regulation package relatively quickly but wanted to coordinate timing with parallel statutory changes.

The vote and why it matters

The committee voted to accept the LCO recommendation of "rejection without prejudice" for proposed regulation 2025-014, giving DEEP the opportunity to revise and resubmit. The LCO memo identified nine substantive concerns and a number of technical corrections. Committee members who spoke said they want the final regulation to avoid unintended consequences for property owners, developers and public health.

"We could be prepared to resubmit fairly quickly," DEEP Commissioner Katie Dykes told the committee, after thanking staff and stakeholders who worked on the voluminous draft. "We could also potentially resubmit a little bit later to regs review in order to give time for the statutory changes to move forward."

Brendan Shane, DEEPs legal director, confirmed that the LCO report cited nine…