DEEP Shares Draft Release-Based Regulations

The Department of Energy and Environmental Protection this month released long-awaited draft release-based cleanup regulations, which are now available for public review and comment.

The proposed regulations are posted in the state’s eRegulations system, with the public comment period open until Oct. 24, 2024.  

The regulations are a result of a four-year working group comprised of over 60 licensed environmental professionals, attorneys, banks, and other stakeholders. 

The goal of the working group was to provide feedback and recommendations to the department to create an entirely new framework for remediating and managing spills in the state.  

Once adopted, the regulations will replace the current Transfer Act, which guides the remediation of “establishments” prior to being sold.

Connecticut is one of two states that have a Transfer Act system.

Economic Impact

Created in the 1980s, the Transfer Act has negatively impacted economic development. The process can be confusing with 27 exemptions, difficult language, costly, and timely.

The Department of Economic and Community Development estimates the new regulations will create 2,100 new construction jobs, $3.7 billion in GDP, and $150 million in new revenue to the state over the next five years.  

The new system is designed to provide “off ramps” when spills have been remediated and reported up to standards, creates a lower tier of certified professionals who can sign off on a spill, and aligns clean up programs with the rest of the country.  

Opinion: CT's industrial past has left a legacy of contamination on abandoned factory and brownfield sites across the state; many of which — due to an ineffective environmental law called the Transfer Act — remain polluted and unusable today. https://t.co/oEPLI4ba6i

— Hartford Business (@HartfordBiz) August 5, 2024

CBIA’s E2: Energy & Environment Council will be submitting comments on the regulations and hosting a series of meetings and roundtable discussions to allow members to provide feedback and ask questions. 

DEEP also will be hosting a series of webinars to explain the new regulations over the next few weeks.

Information on the regulations and public engagement during the 90-day comment period can be found online. 

CBIA will continue to monitor the regulations. Once the comment period closes, DEEP will update the language and send it to the legislature’s Regulations Review committee for final approval and enactment.

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For more information, contact CBIA’s Ashley Zane (860.244.1169) | @AshleyZane9.