Release-Based Clean Up Program Regulation Development

Under a release-based system, Connecticut’s cleanup framework will better serve the state’s economic interests while improving CGS 22a-134pp-134xx charges DEEP to work with the Department of Economic and Community Development (DECD), legislative leaders, and a variety of environmental and economic stakeholders to chart a new path for Connecticut’s cleanup program.

Scheduled Presentations
Release-Based Program First Year Flow Chart

On December 29, 2023, DEEP released a full draft of the release-based regulations that, upon being approved by the Legislative Regulations Review Committee of the Legislature and becoming effective, will sunset the Transfer Act. This regulatory package was drafted upon the firm foundation set by the statutorily-created and DEEP and DECD co-convened Release-Based Regulations Working Group. DEEP, DECD, legislative leaders, and over 50 stakeholders that comprise the Working Group have been meeting monthly since December 2020. The Working Group, through ten subcommittees, created concept papers on the building blocks for the new cleanup program. These concept papers suggest approaches for discovery, reporting, characterization, immediate actions, tiering, addressing lower-risk releases, alternative cleanup standards, cumulative risk approaches, and roles of non-Licensed Environmental Professionals. Much of the regulation is based firmly on the advice and recommendations from the Working Group through its subcommittee concept papers.

Next Steps – Working Group

DEEP is pleased to share the draft Release-Based Clean Up Regulations with the Working Group and the public. Pursuant to CGS section 22a-134tt, the Working Group will provide DEEP with advice and feedback on the regulations. To ensure that everyone has sufficient time to read, think, consider, and then react to the proposed RCBRs, DEEP intends to accept written comments from the Working Group until February 29, 2024. Discussion of the Working Group’s feedback on these draft regulations will take place at the Working Group’s meetings in February and March 2024.

Also pursuant to CGS section 22a-134tt, DEEP will provide a revised draft of these 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.

Presentations

To ensure that DEEP’s regulatory proposal is clearly articulated to the various stakeholders, including those that were not engaged during the working group process, DEEP will offer informational meetings and is available to speak at constituent meetings.

Information and dates for presentations held by DEEP or at which DEEP will discuss this regulatory proposal will be listed below and updated as meetings are added.

Release-Based Cleanup Regulations Overview Presentation

Engaging with DEEP

DEEP is very interested in your comments on this regulatory proposal.

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 February 8, 2024