The regulations specify the standards for the cleanup of environmental pollution in soil and groundwater at polluted properties, including brownfields parcels eligible to become revitalized and redeveloped to foster economic growth. The proposed amendments allow for faster cleanups and increased predictability in cleaning up pollution, while continuing to protect human health and the environment.

In June 2019, Commissioner Katie Dykes announced DEEP’s 20BY20 goals for predictability, efficiency, and transparency to strengthen DEEP’s environmental regulatory and permitting process to be completed by December 2020. The launch of the public notice period for the proposed amendments to the RSRs begins the fulfilment of “Goal 5: Finalize RSR and EUR Regulations” to provide clearer standards for environmental cleanups.

The proposed amendments modify and create new ways to achieve compliance with the regulations, including many that can be implemented by an environmental professional licensed in the state of Connecticut without DEEP’s prior approval.  These new compliance tools include certain types of engineered controls, calculation of certain alternative criteria, and in conjunction with the forthcoming Environmental Use Restriction (“EUR”) Regulations, the implementation of Notice of Activity and Use Limitations (“NAULs”), which under certain circumstances can be used as an alternative to Environmental Land Use Restrictions (“ELURs”).  The proposed regulations also create streamlined approaches when soil and groundwater at a site are polluted as the result of the application of pesticides.  The proposed amendments will add clarity and flexibility for the reuse of soils on the parcel being remediated, on abutting parcels, and on parcels impacted by the same release, and will also allow for reuse of certain soils on other agricultural properties. 

The proposed amendments also ensure human health and the environment remain protected. Enhancements include updates to cleanup criteria and depth of pollution, specifically pertaining to vapor migration of chlorinated organic substances into buildings, and require certain compliance exits to use EURs when they may not have been previously required. 

To ensure that DEEP’s regulatory amendment proposal is clearly articulated to the various stakeholders, DEEP will be offering informational meetings on the following dates:

Please note: these meetings are informational question and answer sessions only, and are not part of the formal rule-making process.

The public notice process will last 90 days, until 5:00 pm on October 7, 2019, during which formal comments may be submitted in writing by that deadline using the eRegulations system https://eregulations.ct.gov/eRegsPortal/Search/RMRView/PR2016-005; or to Brian Thompson at DEEP, Bureau of Water Protection and Land Reuse, Remediation Division, 2nd Floor, 79 Elm Street, Hartford, Connecticut 06106-5127 or at DEEP.cleanup.transform@ct.gov. A Public Hearing, at which the public may make verbal comments, is scheduled for September 25, 2019 at 1:00 pm at DEEP Headquarters, 79 Elm Street, Hartford, Connecticut.

More information can be found on DEEP’s website at www.ct.gov/deep/rsr .