Licensed Environmental Professionals (“LEPs”) in Connecticut CT DEP overview Gina McCarthy, Commissioner

Evolution of CT LEPs Passage of Property Transfer Act Promulgation of Remediation Standard Regulations “RSRs”[cleanup endpoints] Creation of LEP Program 2006 LEPs verify petroleum fund reimbursement milestones US EPA accepts RSRs and allows LEPs for RCRA Corrective Action 2004

What was the need? Increasing number of properties entering cleanup programs + DEP staff reviewing & approving each individual cleanup + Numbers of properties exiting cleanup program not keeping pace with number entering + Staff numbers not increasing = BACKLOG I NCR EAS ING!

Tools added to address the backlog  Voluntary programs added 1995  Risk-based cleanup standards added to define “clean enough” 1996  Creation of Licensed Environmental Professionals 1995 –first licenses issued 1997  Letters sent to property owners in existing program, encouraging use of LEPs

Licensed Environmental Professional (“LEP”)  State law authorizes CT DEP to delegate LEP the authority to oversee cleanup. LEP directs day-to-day cleanup LEP directs day-to-day cleanup LEP verifies compliance with Remediation Standard Regulations (“RSRs”) LEP verifies compliance with Remediation Standard Regulations (“RSRs”)  DEP conducts audits of LEP verifications 

Remediation Standard Regulations (RSRs)  establish clear cleanup standards which must be met to ensure the safe reuse of contaminated properties  allow for the use of environmental land use restrictions to limit cleanup based on future reuse  basis for all cleanups in CT

State Remediation Programs  Property Transfer Program requires investigation and remediation of establishments that transfer ownership requires investigation and remediation of establishments that transfer ownership  Voluntary Remediation Programs allow owners or towns to investigate and remediate before transfer allow owners or towns to investigate and remediate before transfer  RCRA Corrective Action EPA’s authorization of CT program allows use of LEPs in RCRA Corrective Action EPA’s authorization of CT program allows use of LEPs in RCRA Corrective Action  UST Petroleum Cleanup Fund LEPs must verify milestones achieved for claim to be reimbursed LEPs must verify milestones achieved for claim to be reimbursed  Urban Sites Remedial Action Program Collaboration with Dept. of Economic & Community Development Collaboration with Dept. of Economic & Community Development

LEP Qualifications  Must have at least 8 years experience in environmental investigation and remediation, and 4 years in responsible position, with relevant education  Or 14 years experience and 7 years in responsible position, if lack relevant degree  Must pass rigorous exam  Must maintain license through demonstration of continuing education  Must follow rules of professional conduct, per regulations

LEP Board Role  Enforcement To date, 4 referrals to the LEP Board To date, 4 referrals to the LEP Board 2 for professional misconduct 2 for professional misconduct One went to hearingOne went to hearing One allowed license to lapseOne allowed license to lapse 2 consent orders for lack of continuing education credits 2 consent orders for lack of continuing education credits  Approves Continuing Education courses for credits  Works with Education Committee of Environmental Professionals’ Organization of Connecticut to advance capabilities

DEP Oversight of LEPs  DEP delegates about 80% of cleanups  DEP and Environmental Professionals’ Organization of Connecticut collaborate to develop guidance and training  LEPs submit status reports to DEP during investigation and cleanup  DEP conducts audit of individual LEP verifications  DEP oversees LEP program through audit process

CT Audits as of November 2006 CT Audits as of November 2006  288 Verifications –DEP screens all verifications 22% rejected 73% either (1) screened and not selected for audit or (2) passed a technical audit  179 (62%) screened and not selected for audit [62% of total]  109 (38%) audited  32 passed technical audit [30% of those audited; 11% of total]  63 rejected after audit [58% of those audited; 22% of total]  14 audits ongoing [12% of those audited; 5% of total]

LEPs Bring Focus to Roles  Use of LEPs allows property owners to better control pace of cleanup schedule for most of cleanup work  Use of LEPs allows agency to do the work of government: set standards, establish guidance, conduct audits, conduct enforcement, and work with properties that aren’t otherwise addressed set standards, establish guidance, conduct audits, conduct enforcement, and work with properties that aren’t otherwise addressed

Is this a better course?  Yes!  Thousands of properties continue to need cleanup  DEP maintains oversight of LEPs and cleanups  332 Licensed Environmental Professionals in CT playing vital role in advancing cleanup!

Most Importantly, CT LEP Program is A Partnership EPOC LEPs LEP Board CT DEP