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Proposed Amendments to the Remediation Standard Regulations and Environmental Use Restriction Regulations   

 
The Remediation Division of the Bureau of Water Protection and Land Reuse is proposing amendments to Sections 22a-133k-1 through 22a-133k-3 of the Regulations of Connecticut State Agencies, the Remediation Standard Regulations (RSRs).  The RSRs specify the standards for the remediation of environmental pollution in soil and groundwater.  The RSRs have been in place since 1996 and were first revised in 2013, referred to as "Wave 1."  The current proposed amendments are known as "Wave 2."  The majority of the amendments allow for faster cleanups and increased predictability of remedial outcomes while continuing to protect human health and the environment.
 
The Remediation Division of the Bureau of Water Protection and Land Reuse is also proposing amendments to Sections 22a-133q-1 through 22a-133q-9 of the Regulations of Connecticut State Agencies, the Environmental Use Restriction Regulations (EURs).  The EURs describe the process for obtaining and managing either an Environmental Land Use Restriction (ELUR) or a Notice of Activity and Use Limitation (NAUL), which are required to achieve compliance with certain provisions identified in the RSRs.  These amendments allow and implement, for the first time, the use of NAULs.
 

Current Status

On July 23, 2020, DEEP completed the next step in the regulation adoption process by formally submitting the proposed “Wave 2” amendments to the Remediation Standard Regulations (“RSRs”) and the Environmental Use Restriction Regulations (“EURs”) to the Office of the Attorney General. 

Through the drafting process, DEEP received many comments regarding each set of regulations.  These comments, along with the informal comment processes on concept drafts, significantly helped to shape and improve the final proposed regulations.  DEEP believes that these two proposed sets of regulations protect human health and the environment while creating a path for economic recovery fostered by putting polluted properties back into productive use.

Public Comment Documents and Summary

RSRs
  • Summary of Changes – This document summarizes the major changes made in the 2019 proposed RSRs, and the page numbers listed accompany the Red-Line/[Blue-Line] version of the proposed RSRs (linked below).
  • Table of Contents to the Proposed Amendments to the RSRs and the Red-Line/[Blue-Line] version.

EURs

Formal Regulatory Adoption Process

  1. Public Notice of Intent to Secretary of State, beginning the RSRs formal public comment period: July 8, 2019 
  2. Public Hearing: September 25, 2019
  3. Public Notice of Intent to Secretary of State, beginning the EURs formal public comment period: September 27, 2019
  4. Close of 90-day public comment period: 5:00 pm, October 7, 2019
  5. Close of 45-day public comment period for EURs and RSRs/EUR interface: 5:00 pm, November 12, 2019
  6. Hearing Officer’s Report - RSRs: July 23, 2020
  7. Hearing Officer’s Report - EURs: July 23, 2020
  8. DEEP notification to all interested parties of availability of final wording: July 23, 2020
  9. Final proposed regulations to Attorney General for Legal Sufficiency approval: July 23, 2020
  10. Final proposed regulations to Office of Fiscal Analysis and Environment Committee
  11. Legislative Regulation Review Committee (LRRC) holds meeting on regulatory amendments per CGS section 4-170
  12. After approval of LRRC, regulations filed with Secretary of State per CGS section 4-172 (regulations become final upon filing)
  13. Publication of regulations on the Connecticut eRegulations System

Schedule of Events

To ensure that DEEP’s regulatory amendment proposal is clearly articulated to the various stakeholders, DEEP offered informational meetings as follows:  
Presentation  Date  Time  Location
Presentation to EBC on Proposed Revised RSRs June 11, 2019 8:00-10:30 am
107 Selden St.
Berlin, CT
Kick-off Presentation on Proposed Revised RSRs July 9, 2019 1:30 – 3:00 pm Auditorium, DEEP Headquarters
79 Elm St., Hartford
Presentation to CBIA on Proposed Revised RSRs July 19, 2019 9:45 am CBIA, 350 Church St., Hartford
Informational Question and Answer Session July 30, 2019 9:30 – 11:30 am Auditorium, DEEP Headquarters
79 Elm St., Hartford
Informational Question and Answer Session August 6, 2019 1:30 – 3:30 pm Kellogg Environmental Center, 500 Hawthorne Ave., Derby
Informational Question and Answer Session August 27, 2019 12:00-1:00 pm SWEP, Hartford
Informational Question and Answer Session September 4, 2019 8:00-10:00 am CEF, Wethersfield
Informational Question and Answer Session September 11, 2019 5:00 - 7:00 pm Sheraton Hartford South Hotel, 100 Capital Blvd., Rocky Hill
Public Hearing for RSRs September 25, 2019 1:00 pm Auditorium, DEEP Headquarters
79 Elm St., Hartford
Informational Question and Answer Session for EURs October 10, 2019 1:00 -3:00 pm Auditorium, DEEP Headquarters
79 Elm St., Hartford
Public Hearing for EURs November 4, 2019 1:00 pm Auditorium, DEEP Headquarters
79 Elm St., Hartford

Additional Information

Wave 2 discussion documents and the Risk-Based Decision Making Recommendations are on the Wave 2 Revision Concepts and History webpage.
 

Connecticut Remediation Standard Regulations

Content last updated July 23, 2020