This is the tenth in a series of blog posts discussing key features of Connecticut’s new release-based cleanup regulations (the “RBCRs”), R.C.S.A. § 22a-134tt-1 et seq.
At long last, the RBCRs are here! With a March 1, 2026, effective date, the RBCRs are now live. In this post, we will provide a brief refresher on what that means and share where things stand in in the first week of March as the regulations are just taking effect.
Where Things Stand
As of March 1, the law has changed in several important ways, including:
- New transfers of businesses and real property no longer trigger the Transfer Act. Transfers of businesses and real property after March 1, 2026, no longer trigger the Transfer Act. That said, Transfer Act “certifying parties” that have not yet finished their work will be required to finish site-wide investigation and remediation under the Transfer Act. An information sheet available on DEEP’s website provides additional detail on the interplay of the Transfer Act and RBCRs.
- Identification of contamination can lead to the “discovery” of a pre-existing release, and trigger obligations to investigate and remediate it. As we discussed an earlier post, the “discovery” of a pre-existing release can occur through environmental sampling or the observation of “multiple lines of evidence” that a release has occurred. DEEP has now provided a guidance document explaining when a release can be discovered through multiple lines of evidence.
- New releases are still reported under the March 2022 spill reporting regulations, and response can sometimes be managed by Permitted Environmental Professionals (PEPs). As discussed in a prior post regulations were promulgated in March of 2022 (R.C.S.A. § 22a-450-1 et seq.) that require reporting of certain new releases. Those regulations remain in effect. Now, after such releases are reported, certain immediate actions are required (as discussed previously) and some of those response actions can be managed by PEPs.
What’s New
In the last few weeks DEEP has provided a number of training sessions on various aspects of the RBCRs. Information on training sessions, and an opportunity to sign up, are available on DEEP’s website.
DEEP has also recently released its long-awaited Release, Environmental Assessment and Cleanup Tracker or REACT database. The REACT database provides a wealth of information on remediation sites statewide, and it will become more detailed over time as it is populated with new submittals under the RBCRs and other programs.
What Happens Next
In the coming weeks, we expect DEEP to continue to release additional guidance and other information on the RBCRs. The working group convened under Public Act 20-09 had its last meeting on February 26, but a new working group will be convened soon to advise DEEP on the implementation of the RBCRs.
As the RBCRs are implemented, please stay tuned to the Environmental Law + blog as we continue to share updates and insight.