Release-Based Clean Up Program Regulation Development

What are the Release-Based Cleanup Program Regulations (RBCRs)?

The RBCRs fulfill the statutory requirement created by Public Act 20-9 (CGS 22a-134pp to 134xx) of the September Special Session. The General Assembly directed the DEEP Commissioner to adopt regulations that will sunset the Connecticut Property Transfer Act – the primary program for the cleanup of pollution in Connecticut – and transition the state to a release-based cleanup program. This transition will align Connecticut with 48 other states that operate under a release-based system and will remove long standing barriers to the cleanup and redevelopment of properties in our state.

Why are changes to the cleanup framework being proposed?

The current framework regulates different properties and cleanups in different ways, including Transfer Act sites, Voluntary Cleanup programs, various Brownfield programs, and Significant Environmental Hazard releases, to name a few. It requires property owners to undertake expensive and time-consuming investigations that in many cases are unnecessary. This framework leads to confusion and stigmatizes potentially polluted properties. It makes it difficult to buy or sell property and incentivizes owners to abandon properties that are subject to the Transfer Act, leaving hazardous substances in our communities and stalling economic development.

The Release-Based Cleanup Regulations will require that certain releases, either new spills that occur or historical releases that are newly discovered, be cleaned up to the same standard and follow the same regulations. This uniformity will make cleanups faster, less expensive, and much less confusing, while protecting human health and the environment and providing clarity for buyers of properties and their lenders.

Release-Based Cleanup Regulations Formal Regulation Adoption
Stakeholder Engagement
Working Group’s meetings
DECD-DEEP Developer's Forum Presentation

What is the economic impact of eliminating the Transfer Act?

Economists at DECD estimate that moving to a release-based system will have significant economic benefits, generating more than 2,100 new construction jobs, $3.78 billion in new GDP growth, and $115 million in new revenue for the State over the next five years alone.

Do the new regulations require investigation for historical pollution?

The state will no longer be mandating an investigation. Instead, under the new regulations, investigations will be driven by business decisions where an owner hires an environmental professional or other professional to investigate their property. Review of historical records that indicate there is a release on the property alone will not require a release be reported.

What types of releases are covered?

The regulations cover:

• Existing Releases (also known as historical releases or historical pollution) Must be newly discovered after regulations go into effect
• Significant Existing Releases (existing pollution that poses an imminent risk to human health or the environment)
• Emergent Reportable Releases (new releases, sometime referred to as spills)

Are all releases covered by these regulations?

No, these regulations exclude many societal-type pollution and, in many cases, set “lower bounds”-standards below which action is either not required or is limited.  “Release” does not include:

• Automotive exhaust or incidental releases from the operation of motor vehicles, or incidental releases from the normal paving and maintenance of pavement
• Application of fertilizer or pesticides consistent with their labeling
• Naturally occurring substances, including metals below background levels
• Substances emanating from in use utility poles or landscaping timbers
• Releases to secondary containment systems or releases inside a structure that does not contact soil and is removed within 2 hours of discovery
• Trihalomethanes in groundwater attributed to leakages from public water supply systems
• Regulated Underground Storage Tanks (these releases are regulated under the UST regulations)

Do the new regulations apply to residential properties?

The new regulations strike an important balance between protecting human health and the environment and the financial burden that cleanup could create for homeowners. Similar to today’s rules, if a residential property is subject to a new release or if an owner discovers a significant existing release (those that pose the highest risks), owners need to report and clean up such releases. However, under the new regulations, owner occupants of single family homes will not be required to report or cleanup run-of-the-mill historical releases (known as “existing releases” in the regulations). It’s important to note that the vast majority of new spills on residential properties will result from home heating oil spills. The new regulations also create new and less stringent approaches for clean up of heating oil releases caused by homeowners.

To what standard do historical releases need to be cleaned?

The RBCRs incorporate the Remediation Standard Regulations, which were originally created in 1996 to set the standards for the cleanup of releases. Significant new provisions have been added to the regulations that will expedite and reduce costs for many cleanups. Some examples include:

• Creating a new clean up standard for multifamily properties
  This new standard aligns requirements with actual risk, therefore expediting development of housing
• Creating a new permit-by-rule that creates a streamlined approach to manage polluted soil below buildings, concrete, and pavement
  This is a safe and effective way to manage risk, expedite cleanups, and reduce costs for property owners.
• Creating a new permit-by-rule that eliminates the need to excavate and dispose of lightly polluted soil when the property is used for commercial or industrial uses
  This provision will save tens of millions of dollars for businesses in Connecticut without comprising environmental or public health.

How were these regulations developed?

Since December 2020, DEEP and DECD have met at least once a month with a 50 member Working Group made up of environmental transaction attorneys, commercial real estate brokers, and Licensed Environmental Professionals (“LEPs”) who work every day to remediate and redevelop polluted property in Connecticut. Over the course of more than four years, members of the working group have divided themselves into ten subcommittees (and other additional informal advisory teams) that each met outside of the regular monthly working group meeting to discuss the major components of a new release-based cleanup program. These subcommittees then submitted reports and made recommendations which served as the basis for many aspects of the RBCRs. DEEP has sought informal feedback on the draft regs from the Working Group twice- first in January 2024, when the Working Group provided significant, valuable feedback. DEEP provided another, updated draft for informal review in the summer of 2024. In October 2024, DEEP initiated the formal public comment period during which it provided the Working Group and the public 90 days to review and comment on the regulations. This level of expert and public review and input is unprecedented in DEEP’s history but was necessary given the scale and complexity of crafting a new regulatory regime.

Pursuant to CGS section 22a-134tt, DEEP has provided the revised proposed regulations for review by the Working Group prior to moving forward with the formal regulation adoption process. DEEP and DECD will continue to meet with the Working Group monthly to receive additional advice and recommendations on these regulations until they are adopted.

If you would like to invite DEEP to speak with your member organization, please contact us at DEEP.Cleanup.Transform@ct.gov

Content last updated March 3, 2025