Connecticut Department of Energy & Environmental Protection

RBCR Compliance Measures

Compliance is demonstrated when soil and/or groundwater contaminant levels meet either background concentrations, the criteria in the Release-Based Cleanup Regulations , or by calculating the 95% Upper Confidence Level for Demonstrating Compliance. The commissioner may approve an alternative method for demonstrating compliance. If PCBs are present, federal requirements also apply.

Institutional controls

Environmental Use Restrictions (EUR)
Remediation Stewardship Permits
Covenant Not to Sue

Variances

  • Engineered Control Variance
  • Technical Impracticability Variance
  • Widespread Polluted Fill Variance – When geographically-extensive polluted fill exists at a parcel a PMC variance can be used when certain conditions are met and an EUR is recorded. See RCSA 22a-134tt-9(f)(1)
  • Public Roadways Variance – When polluted soil is under an existing public roadway, a variance for soil criteria can be used. See RCSA 22a-134tt-9(f)(3)

Exceptions and alternatives

  • Industrial/Commercial Direct Exposure Criteria (DEC), Managed Multifamily DEC, and Passive Recreation DEC may be used if the specfied conditions are met and an EUR is filed (or a conservation easement for Passive Recreation). See RCSA 22a-134tt-9(b)(2)
  • Requesting Additional Polluting Substances and/or Alternative Criteria and calculators
  • Alternative Surface Water Protection Criteria (SWPC) – Calculations for plume discharge to a watercourse that requires Commissioner approval. See RCSA 22a-134tt-10(b)
  • Alternative Volatilization Criteria (VC) – Allows use of soil vapor beneath a building or concentrations at the water table surface to be used. See RCSA 22a-134tt-10(c)(2)
  • Alternative Release-Specific VC – Requires the Commissioner’s approval and may require an EUR. See RCSA 22a-134tt-10(c)(4)
  • Alternative Groundwater Protection Criteria (GWPC) – LEPs may calculate alternative GWPC in areas designated on the Alternative Groundwater Protection Criteria Map (GIS) as specified in the RBCRs or for the Commissioner’s approval if not in the mapped areas. Commissioner’s approval may be sought in areas designated on the map if any part of the plume is in bedrock. RCSA 22a-134tt-10(d)(2)-(5)

Conditional Exemptions from DEC, PMC, VC

  • Inaccessible Soil – Soil, bituminous or reinforced concrete, a building, or a permanent structure may be used to render soil inaccessible with an EUR or managed with a Permit by Rule. See RCSA 22a-134tt-9(b)(3)(B)(C),(D)and 22-134tt-9(b)(4)
  • Historically impacted material (HIM) - Permit by Rule for parcels used for Industrial/Commercial activity only, notify DEEP of presence of HIM that is not prudent to remove and management plan within 1 year of discovery or by September 1, 2027, whichever is later, document no Significant Existing Releases are present, and ensure historically impacted material is not relocated. See RCSA 22a-134tt-9(j)
  • Incidental Sources – If pollution is solely from bituminous concrete maintenance or normal vehicle operation (not refueling or repair), cleanup to criteria for metals, petroleum hydrocarbons, semi-volatile hydrocarbons or trihalomethanes from public water systems is not required. See RCSA 22a-134tt-9(b)(5), RCSA 22a-134tt-9(c)(5)(D), and RCSA 22a-134tt-10(f)
  • Environmentally Isolated Soil – Polluted soil above the high water table is not required to be cleaned up to the PMC if substances are not a continuing source of pollution, no VOCs are over the GA PMC, with an EUR requiring a building or permanent structure to prevent infiltration of the polluted soil. See RCSA 22a-134tt-9(c)(5)(A)
  • Polluted Material – Polluted material is not required to be cleaned up to the PMC if the exceedance is solely due to coal ash, fragments, slag, or clinkers, wood ash, and/or asphalt fragments, if there are no VOC PMC exceedances, no DEC exceedances and when certain conditions are met. See RCSA 22a-134tt-9(c)(5)(B)
  • Soil Subject to Infiltration – If 80% or more of the mass of substances other than VOCs remaining at the release area have been subject to infiltration for at least 5 years and if groundwater complies with criteria, is not required to be cleaned up to the PMC. See RCSA 22a-134tt-9(c)(5)(C)
  • Dredged Materials – Exemption from the DEC and PMC as specified in a Structures, Dredging, and Fill Permit (CGS section 22a-361) or a Dam Safety Permit. See RCSA 22a-134tt-9(k)

Exemptions from Volatilization Criteria

  • VC Exemption through Vapor Mitigation – Measures to prevent migration of vapors into an existing building, which requires Commissioner’s approval and an EUR. See RCSA 22a-134tt-10(c)(3)
  • VC Exemption through No Build – An EUR prohibiting building over the plume, or demonstration that no building can be built over the plume, or a demonstration that VC will be met within 5 years, allow the Commissioner to approve this exemption. See RCSA 22a-134tt-10(c)(5)
  • VC Exemption through Indoor Air Monitoring – If when certain conditions are met, the Commissioner may approve this exemption with an ELUR. See RCSA 22a-134tt-10(c)(6)

 

Content last updated March 27, 2026