
December 5, 2021

Governor Ned Lamont
State Capitol
210 Capitol Avenue
Hartford, CT 06106

Re: 	State Program Approval for Underground Storage Tank Program

Dear Governor Lamont:

I seek your signature on the attached cover letter that will accompany the Department of Energy and Environmental Protection's ("DEEP") formal request to the U.S. Environmental Protection Agency ("EPA") for state program approval of its Underground Storage Tank ("UST") program.  DEEP currently administers the UST program under an approval from EPA.  Changes to federal statutes and regulations have required DEEP to make corresponding changes to its regulations to ensure consistency with federal law and demonstrate that the state's requirements are no less stringent than the federal requirements.  DEEP successfully adopted the required regulation changes effective November 30, 2021.  These regulations were fully vetted by the Office of Policy and Management and Governor's legal office prior to entering the public adoption process.   In addition, DEEP has received a signed concurrence from Attorney General Tong confirming DEEP's authority to administer and enforce the UST program under state law.  This formal program approval is needed to ensure DEEP continues to receive federal grant funds required to administer and enforce the UST program as well as provide EPA with authority to provide enforcement assistance as state-approved programs can be enforced by federal regulators.   

The package to be submitted to EPA includes the following required documents: (1) Letter from Governor; (2) Signed Attorney General Statement / Certification (Comparison of EPA/State Requirements); (3) UST/LUST Program Description; (4) EPA/State Memorandum of Agreement signed by the DEEP Commissioner; (5) Demonstration of Procedures for Adequate Enforcement; (6) Internet hyperlink to the DEEP's UST regulations, as amended; and  (7) the DEEP's Emergency Response and Spill Prevention Division's organization chart. Your signature on the attached cover letter is the last remaining step before DEEP may formally submit its approval request to EPA by year's end.  

Should you or anyone from your staff require further information on this matter, they can contact Staff Attorney Kenneth Collette of DEEP's legal office at kenneth.collette@ct.gov or (860) 424-3043.  Thank you for your attention to this matter.

Sincerely,

Katie Dykes
Commissioner
