On January 24, Connecticut’s Department of Energy and Environmental Protection (DEEP) published its
Release Based Cleanup Regulations (RBCRs), replacing the state’s Transfer Act as the primary remediation site cleanup program. The regulations await Connecticut General Assembly approval and have a proposed effective date of March 1, 2026.
Under Connecticut’s new release-based, risk-based approach, property transfers will no longer trigger mandatory investigations into historical contamination. Instead, investigations will occur at the discretion of the property owner as part of their environmental due diligence. Reviewing historical records that suggest a past release will not, on its own, require reporting. Accordingly, any person who creates or maintains (discovers) a new or newly discovered historical release will be responsible for reporting and remediating the release. This shift brings Connecticut in line
On January 24, Connecticut’s Department of Energy and Environmental Protection (DEEP) published its
Release Based Cleanup Regulations (RBCRs), replacing the state’s Transfer Act as the primary remediation site cleanup program. The regulations await Connecticut General Assembly approval and have a proposed effective date of March 1, 2026.
Under Connecticut’s new release-based, risk-based approach, property transfers will no longer trigger mandatory investigations into historical contamination. Instead, investigations will occur at the discretion of the property owner as part of their environmental due diligence. Reviewing historical records that suggest a past release will not, on its own, require reporting. Accordingly, any person who creates or maintains (discovers) a new or newly discovered historical release will be responsible for reporting and remediating the release. This shift brings Connecticut in line
with nearly every other state’s cleanup framework.
The RBCRs retain and recodify existing soil and groundwater standards and add new risk-based cleanup approaches related to the release reporting rules. These approaches prioritize completing release cleanups within a year of occurrence, with set objectives and require site inspections to undergo technical analysis. Releases for which cleanup will take more than a year require reporting and are subject to new risk-based, tiered cleanup alternatives, where less dangerous releases will be subject to less stringent requirements. They include new permits-by-rule that streamline managing polluted soil below buildings and hard surfaces and eliminate the need to excavate when the property is used for commercial or industrial uses.
Additional details on these changes are available on DEEP’s
Release-Based Cleanup Program Regulation Development webpage.