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Federal environmental regulation in Connecticut

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Federal environmental regulation involves the implementation of federal environmental laws, such as the Clean Air Act, Clean Water Act, and the Endangered Species Act. The U.S. Environmental Protection Agency (EPA) is primarily responsible for enforcing federal air and water quality standards; the U.S. Fish and Wildlife Service is primarily responsible for managing endangered species. State government agencies will often share enforcement responsibilities with the EPA on issues such as air pollution, water pollution, hazardous waste, and other environmental issues.[1]

As of July 2015, Connecticut had 14 federally protected species, 2,590 federally regulated drinking water systems, and 14 federally regulated waste sites (known as Superfund sites).

Legislation and regulation

Federal laws

Clean Air Act

The federal Clean Air Act requires each state to meet federal standards for air pollution. Under the act, the U.S. Environmental Protection Agency oversees national air quality standards aimed at limiting pollutants from chemical plants, steel mills, utilities, and industrial factories. Individual states can enact stricter air standards if they choose, though each state must adhere to the EPA's minimum pollution standards. States implement federal air standards through a state implementation plan (SIP), which must be approved by the EPA.[2]

Clean Water Act

The federal Clean Water Act is meant to address and maintain the physical, chemical, and biological status of the waters of the United States. The U.S. Environmental Protection Agency (EPA) regulates water pollution sources and provides financial assistance to states and municipalities for water quality programs.[3]

According to research done by The New York Times using annual averages from 2004 to 2007, Connecticut had 180.3 facilities that were regulated annually by the Clean Water Act. An average of 72.8 facilities violated the act annually from 2004 to 2007 in Connecticut, and the EPA enforced the act an average of 5.7 times a year in the state. This information, published by the Times in 2009, was the most recent information on the subject as of October 2014.[4]

The table below shows how Connecticut compared to neighboring states in The New York Times study, including the number of regulated facilities, facility violations, and the annual average of enforcement actions against regulated facilities between 2004 and 2007.

The New York Times Clean Water Act study (2004-2007)
State Number of facilities regulated Facility violations Annual average enforcement actions
Connecticut 180.3 72.8 2.7
Delaware 56.50 13.40 1.10
Maine 343.8 160.8 5.7
New York 1,674.80 855.70 55.10
New Hampshire 101.30 54.80 5.00
Source: The New York Times, "Clean Water Act Violations: The Enforcement Record"

Endangered Species Act

The federal Endangered Species Act (ESA) of 1973 provides for the identification, listing, and protection of both threatened and endangered species and their habitats. According to the U.S. Fish and Wildlife Service, the law was designed to prevent the extinction of vulnerable plant and animal species through the development of recovery plans and the protection of critical habitats. ESA administration and enforcement are the responsibility of the U.S. Fish and Wildlife Service and the National Marine Fisheries Service.[5][6]

Federally listed species in Connecticut

There were 14 endangered and threatened animal and plant species believed to or known to occur in Connecticut as of July 2015.

The table below lists the 12 endangered and threatened animal species believed to or known to occur in the state. When an animal species has the word "Entire" after its name, that species will be found all throughout the state.[7]

Endangered animal species in Connecticut
Status Species
Threatened Plover, piping except Great Lakes watershed (Charadrius melodus)
Threatened Sea turtle, green Except where endangered (Chelonia mydas)
Endangered Sea turtle, hawksbill Entire (Eretmochelys imbricata)
Endangered Sea turtle, Kemp's ridley Entire (Lepidochelys kempii)
Endangered Sea turtle, leatherback Entire (Dermochelys coriacea)
Endangered Sturgeon, shortnose Entire (Acipenser brevirostrum)
Endangered Tern, roseate northeast U.S. nesting pop. (Sterna dougallii dougallii)
Threatened Tiger beetle, Puritan Entire (Cicindela puritana)
Threatened Turtle, bog (=Muhlenberg) northern (Clemmys muhlenbergii)
Endangered Wedgemussel, dwarf Entire (Alasmidonta heterodon)
Endangered Whale, finback Entire (Balaenoptera physalus)
Endangered Whale, North Atlantic Right Entire (Eubalaena glacialis)
Source: U.S. Fish and Wildlife Service, "Endangered and threatened species in Connecticut"

The table below lists the two endangered and threatened plant species believed to or known to occur in the state.[8]

Endangered plant species in Connecticut
Status Species
Endangered Gerardia, sandplain (Agalinis acuta)
Threatened Pogonia, small whorled (Isotria medeoloides)
Source: U.S. Fish and Wildlife Service, "Endangered and threatened species in Connecticut"

State listed species in Connecticut

The Connecticut Bureau of Natural Resources manages and conserves state-listed endangered and threatened species. They include amphibians, mammals, birds, fish, reptiles, invertebrates and plants. A complete list of state-listed species in Connecticut according to animal and plant group can be found here.[9]

Enforcement

See also: Enforcement at the EPA

Connecticut is part of the EPA's New England Region, also known as Region 1, which includes Maine, Massachusetts, New Hampshire, Rhode Island and Vermont.

The EPA enforces federal standards on air, water and hazardous chemicals. The EPA takes administrative action against violators of environmental laws, or brings civil and/or criminal lawsuits, often with the goal of collecting penalties/fines and demanding compliance with laws like the Clean Air Act and Clean Water Act. In 2013, the EPA estimated that 149 million pounds of pollution, which includes air pollution, water contaminants, and hazardous chemicals, were "reduced, treated or eliminated" and 16.36 million cubic yards of soil and water were cleaned in Region 1. Additionally, 95 enforcement cases were initiated, and 99 enforcement cases were concluded in fiscal year 2013. In fiscal year 2012, the EPA collected $252 million in criminal fines and civil penalties from the private sector nationwide. In fiscal year 2013, the EPA collected $1.1 billion in criminal fines and civil penalties from the private sector nationwide, primarily due to the $1 billion settlement from the Deepwater Horizon oil spill along the Gulf Coast in 2010. The EPA only publishes nationwide data and does not provide state or region-specific information on the amount of fines and penalties it collects during a fiscal year.[10][11][12][13]

Mercury and air toxics standards

See also: Mercury and air toxics standards
The EPA on mercury capture systems

The EPA enforces mercury and air toxics standards (MATS), which are national limits on mercury, chromium, nickel, arsenic and acidic gases from coal- and oil-fired power plants. Power plants are required to have certain technologies to limit these pollutants. In December 2011, the EPA issued greater restrictions on the amount of mercury and other toxic pollutants produced by power plants. As of 2014, approximately 580 power plants, including 1,400 oil- and coal-fired electric-generating units, fell under the federal rule. The EPA has claimed that power plants account for 50 percent of mercury emissions, 75 percent of acidic gases and around 20 to 60 percent of toxic metal emissions in the United States. All coal- and oil-fired power plants with a capacity of 25 megawatts or greater are subject to the standards. The EPA has claimed that the standards will "prevent up to 90 premature deaths in Connecticut while creating up to $750 million in health benefits in 2016."[14]

Analysis

Several studies examine the economic and environmental impact of the MATS standards nationwide. These studies present conflicting evidence on the standard's costs and benefits. The EPA produced its own study of the standards' economic, environmental and health effects while other studies, published by private sector organizations, rebut or respond to the EPA's analysis of its policies. Below is a summary of the studies on MATS and their effects as of November 2014.

EPA study
In 2014, the EPA argued that its MATS rule would prevent roughly 11,000 premature deaths and 130,000 asthma attacks nationwide. The agency also estimated between $37 billion and $90 billion in "improved air quality benefits" annually. For the rule's cost, the EPA estimated that annual compliance costs will reach $9.6 billion.[15]

NERA study
A 2012 study published by NERA Economic Consulting, a global consultancy group, reported that annual compliance costs in the electricity sector would total $10 billion in 2015 and nearly $100 billion cumulatively up through 2034. The same study found that the net impact of the MATS rule in 2015 would be the income equivalent of 180,000 fewer jobs. This net impact took into account the job gains associated with the building and refitting of power plants with new technology.[16]

Superfund sites

The EPA established the Superfund program as part of the Comprehensive Environmental Response, Compensation and Liability Act of 1980.The program identifies uncontrolled or abandoned hazardous waste sites nationwide. The Superfund program assesses these sites and establishes cleanup plans for them. The EPA can compel private parties to perform cleanups or reimburse the federal government for EPA-lead cleanups. Superfund sites can include oil refineries, smelting facilities, mines or other industrial areas. As of October 2014, there were 1,322 Superfund sites nationwide. A total of 116 Superfund sites reside in Region 1, with an average of 19 sites per state. There were 18 Superfund sites in Connecticut as of October 2014.[17][18]

Economic impact

EPA studies
The Environmental Protection Agency publishes studies to evaluate the impact and benefits of its policies. Other studies may dispute the agency's findings or state the costs of its policies.

The EPA touts the economic benefits of the agency's Superfund program on a nationwide basis. Although the EPA has not analyzed the Superfund program's economic impact on the state of Connecticut, the agency has presented an analysis of 373 Superfund sites throughout the United States that have produced economic benefits because of the program. These include the following:[19]

  • 2,240 private businesses
  • $32.6 billion in annual sales from new businesses
  • 70,144 jobs
  • $4.9 billion in annual employment income

Other studies were published detailing the costs associated with the Superfund program.

  • According to the Property and Environment Research Center, a free market-oriented policy group based in Montana, the EPA spent over $35 billion on the Superfund program between 1980 and 2005.[20][21]
  • According to the U.S. Government Accountability Office (GAO), an independent federal agency, the Superfund program received an average of almost $1.2 billion annually in appropriated funds between the years 1981 and 2009, adjusted for inflation. The GAO estimated that the trust fund of the Superfund program decreased from $5 billion in 1997 to $137 million in 2009. The Superfund program received an additional $600 million in federal funding from the American Recovery and Reinvestment Act of 2009, also known as the stimulus bill.[22]

Environmental impact

In March 2011, the EPA claimed that the Superfund program resulted in healthier environments surrounding former waste sites. An agency study analyzed the program's health and ecological benefits and focused on former landfills, mining areas, and abandoned dumps that were cleaned up and renovated. As of January 2009, out of the approximately 500 former Superfund sites used for the study, roughly 10 percent became recreational or commercial sites. Other former Superfund sites in the study became wetlands, meadows, streams, scenic trails, parks, and habitats for plants and animals.[23]

Carbon emissions

See also: Climate change, Greenhouse gas and Greenhouse gas emissions by state

In 2011, Connecticut had the 41st highest carbon emissions in the United States, according to the U.S. Energy Information Administration. Carbon emissions held steady in Connecticut between 1990 and 2010. Emissions peaked in 2004 and 2005 when 43 million metric tons of CO2 were emitted. The transportation sector emitted 45.2 percent of the state's CO2 in 2011. The residential sector was responsible for 21.8 percent. The industrial, electric power and commercial sectors accounted for the remainder.[24]

Carbon dioxide emissions in Connecticut (in million metric tons). Data was compiled by the U.S. Energy Information Administration.
Carbon dioxide emissions in Connecticut by sector

Pollution from energy use

Pollution from energy use includes three common air pollutants: carbon monoxide, nitrogen dioxide and ozone. These and other pollutants are regulated by the U.S. Environmental Protection Agency (EPA) through the National Ambient Air Quality Standards, which are federal standards limiting pollutants that can harm human health in significant concentrations. Carbon dioxide, a greenhouse gas, is also regulated by the EPA, but it is excluded here since it is not one of the pollutants originally regulated under the Clean Air Act for its harm to human health.

Industries and motor vehicles emit carbon monoxide directly when they use energy. Nitrogen dioxide forms from the emissions of automobiles, power plants and other sources. Ground level ozone (also known as tropospheric ozone) is not emitted but is the product of chemical reactions between nitrogen dioxide and volatile organic chemicals. The EPA tracks these and other pollutants from monitoring sites across the United States. The data below shows nationwide and regional trends for carbon monoxide, nitrogen dioxide and ozone between 2000 and 2014. States with consistent climates and weather patterns were grouped together by the EPA to make up each region.[25][26]

Carbon monoxide (CO)

Carbon monoxide (CO) is a colorless, odorless gas produced from combustion processes, e.g., when gasoline reacts rapidly with oxygen and releases exhaust; the majority of national CO emissions come from mobile sources like automobiles. CO can reduce the oxygen-carrying capacity of the blood and at very high levels can cause death. CO concentrations are measured in parts per million (ppm). Since 1994, federal law prohibits CO concentrations from exceeding 9 ppm during an eight-hour period more than once per year.[27][28]

The chart below compares the annual average concentration of carbon monoxide in the Northeastern and Southeastern regions of the United States between 2000 and 2014. States with consistent climates and weather patterns are grouped together by the U.S. Environmental Protection Agency (EPA), which collects these data, to make up each region. Each line represents the annual average of all the data collected from pollution monitoring sites in each region. In the Northeast, there were 32 monitoring sites throughout 11 states, compared to 22 monitoring sites throughout six states in the Southeast. In 2000, the average concentration of carbon monoxide was 2.7 ppm in the Northeast, compared to 3.91 ppm in the Southeast. In 2014, the average concentration of carbon monoxide was 1.2 ppm in the Northeast, a decrease of 61.1 percent from 2000, compared to 1.52 ppm in the Southeast, a decrease of 56.7 percent from 2000.[29]

NE SE regional comparison.png

Nitrogen dioxide (NO2)

Nitrogen dioxide (NO2) is one of a group of gasses known as nitrogen oxides (NOx). The U.S. Environmental Protection Agency (EPA) measures NO2 as a representative for the larger group of nitrogen oxides. NO2 forms from the emissions of cars, buses, trucks, power plants, and off-road equipment. It helps form ground-level ozone and fine particle pollution, and has been linked to respiratory problems. Since 1971, federal law prohibits NO2 concentrations from exceeding a daily one-hour average of 100 parts per billion (ppb) and an annual average of 53 parts per billion (ppb).[28][30][28]

The chart below compares the annual one-hour average concentration of nitrogen dioxide (NO2) in the Northeastern and Southeastern regions of the United States between 2000 and 2014. In the Northeast, there were 32 monitoring sites throughout 11 states, compared to 14 monitoring sites throughout six states in the Southeast. In 2000, the one-hour daily average concentration of NO2 was 61.31 ppb in the Northeast, compared to 57 ppb in the Southeast. In 2014, the one-hour daily average concentration of NO2 was 43.98 ppb in the Northeast, a decrease of 28.2 percent since 2000, compared to 38.36 ppb in the Southeast, a decrease of 32.6 percent since 2000.[31]

NE SE regional comparison.png

Ground-level ozone

Ground-level ozone is created by chemical reactions between nitrogen oxides (NOx) and volatile organic compounds (VOCs) in sunlight. Major sources of NOx and VOCs include industrial facilities, electric utilities, automobiles, gasoline vapors, and chemical solvents. Ground-level ozone can produce health problems for children, the elderly, and asthmatics. Since 2008, federal law has prohibited ozone concentrations from exceeding a daily eight-hour average of 75 parts per billion (ppb). Beginning in 2025, federal law will prohibit ground-level ozone concentrations from exceeding a daily eight-hour average of 70 ppb.[28][32]

The chart below compares the daily eight-hour average concentration of ground-level ozone in the Northeastern and Southeastern regions of the United States between 2000 and 2014. In the chart below, ozone concentrations are measured in parts per million (ppm), which can be converted to parts per billion (ppb). In the Northeast, there were 133 monitoring sites throughout 11 states, compared to 153 monitoring sites throughout six states in the Southeast. In 2000, the daily eight-hour average concentration of ozone was 0.083 ppm, or 83 ppb in the Northeast, compared to 0.082 ppm, or 82 ppb in the Southeast. In 2014, the daily eight-hour average concentration of ozone was 0.066 ppm, or 66 ppb in the Northeast, a decrease of 19.5 percent since 2000, compared to 0.063 ppm, or 63 ppb in the Southeast, a decrease of 23.9 percent since 2000.[33]

NE SE regional comparison.png


Environmental policy in the 50 states

Click on a state below to read more about that state's energy policy.

http://ballotpedia.org/Environmental_policy_in_STATE

See also

Footnotes

  1. ↑ U.S. Environmental Protection Agency, "Laws & Regulations," accessed November 25, 2015
  2. ↑ U.S. Environmental Protection Agency, "Understanding the Clean Air Act," accessed September 12, 2014
  3. ↑ U.S. Environmental Protection Agency, "Clean Water Act (CWA) Overview," accessed September 19, 2014
  4. ↑ The New York Times, "Clean Water Act Violations: The Enforcement Record," September 13, 2009
  5. ↑ U.S. Fish and Wildlife Service, "Improving ESA Implementation," accessed May 15, 2015
  6. ↑ U.S. Fish and Wildlife Service, "ESA Overview," accessed October 1, 2014
  7. ↑ U.S. Fish and Wildlife Service, "Endangered and threatened species in Connecticut," accessed July 6, 2015
  8. ↑ U.S. Fish and Wildlife Service, "Endangered and threatened species in Connecticut," accessed July 6, 2015
  9. ↑ Connecticut Bureau of Natural Resources, "2010 Update to State Listed Species," accessed July 20, 2015
  10. ↑ U.S. Environmental Protection Agency, "Annual EPA Enforcement Results Highlight Focus on Major Environmental Violations," February 7, 2014
  11. ↑ Environmental Protection Agency, "Accomplishments by EPA Region (2013)," May 12, 2014
  12. ↑ U.S. Environmental Protection Agency, "Enforcement Annual Results for Fiscal Year 2012," accessed October 1, 2014
  13. ↑ U.S. Environmental Protection Agency, "EPA Enforcement in 2012 Protects Communities From Harmful Pollution," December 17, 2012
  14. ↑ U.S. Environmental Protection Agency, "Mercury and Air Toxics Standards in Connecticut," accessed September 29, 2014
  15. ↑ U.S. Environmental Protection Agency, "Benefits and Costs of Cleaning Up Toxic Air Pollution from Power Plants," accessed October 9, 2014
  16. ↑ NERA Economic Consulting, "An Economic Impact Analysis of EPA's Mercury and Air Toxics Standards Rule," March 1, 2012
  17. ↑ U.S. Environmental Protection Agency, "Region 1 Sites," October 1, 2014
  18. ↑ U.S. Environmental Protection Agency, "What is Superfund?" accessed September 9, 2014
  19. ↑ U.S. Environmental Protection Agency, "Estimate of National Economic Impacts of Superfund Sites," accessed September 12, 2014
  20. ↑ Property and Environment Research Center, "Superfund Follies, Part II," accessed October 7, 2014
  21. ↑ Property and Environment Research Center, "Superfund: The Shortcut That Failed (1996)," accessed October 7, 2014
  22. ↑ U.S. Government Accountability Office, "EPA's Estimated Costs to Remediate Existing Sites Exceed Current Funding Levels, and More Sites Are Expected to Be Added to the National Priorities List," accessed October 7, 2014
  23. ↑ U.S. Environmental Protection Agency, "Beneficial Effects of the Superfund Program," accessed September 12, 2014
  24. ↑ U.S. Energy Information Administration, "State Profiles and Energy Estimates," accessed October 13, 2014
  25. ↑ U.S. Environmental Protection Agency, "Air Trends," accessed October 30, 2015
  26. ↑ U.S. Environmental Protection Agency, "Basic Information - Ozone," accessed January 1, 2016
  27. ↑ U.S. Environmental Protection Agency, "Carbon Monoxide," accessed October 26, 2015
  28. ↑ 28.0 28.1 28.2 28.3 U.S. Environmental Protection Agency, "National Ambient Air Quality Standards (NAAQS)," accessed October 26, 2015
  29. ↑ U.S. Environmental Protection Agency, "Regional Trends in CO Levels," accessed October 23, 2015
  30. ↑ U.S. Environmental Protection Agency, "Nitrogen dioxide," accessed October 26, 2015
  31. ↑ U.S. Environmental Protection Agency, "Regional Trends in Nitrogen Dioxide Levels," accessed October 23, 2015
  32. ↑ U.S. Environmental Protection Agency, "Ground Level Ozone," accessed October 26, 2015
  33. ↑ U.S. Environmental Protection Agency, "Regional Trends in Ozone Levels ," accessed October 26, 2015
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