This is the fourth 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. 

The new RBCRs set forth requirements for the characterization, remediation, and closure of both old and new releases. The last few posts in this RBCR overview series have related to the discovery and reporting of old or existing releases. This post provides a refresher of the spill regulations that went into effect in March of 2022 (R.C.S.A. § 22a-450-1 et seq.), as those spill regulations provide the requirements for reporting new releases.

Reporting New Releases

By statute, the person responsible for a vessel, vehicle or site which experiences the “discharge, spillage, uncontrolled loss, seepage or filtration of oil or petroleum or chemical liquids or solid, liquid or gaseous products, or hazardous wastes” which pose “a potential threat to human health or the environment” must immediately report the release to DEEP. Regulations went into effect in March of 2022 that set forth the specific parameters regarding such reporting.

The reporting thresholds depend upon the material that has been released. A release must be reported if it involves five or more gallons of petroleum, or one and a half gallons or ten pounds of a material other than oil or petroleum. Releases below these thresholds also are reportable unless the release has been contained and removed, or otherwise properly mitigated, within two hours after discovery.

Certain releases are always reportable, regardless of the quantity released. These include:

  • A release that enters a wetland, waterway, sanitary sewer, storm sewer, or catch basin;
  • A release from an underground storage tank;
  • A release of unknown material;
  • A release of material that contains PCBs or PFAS; and
  • A release of material that contains a listed extremely hazardous substance.

Other types of releases are exempt from reporting. These include:

  • A release authorized by law, regulation, or permit;
  • A release from a consumer or industrial product being used as intended (for example, VOCs released from paint as it dries); and
  • Pesticides and fertilizers applied in a manner consistent with their labels.

DEEP’s website provides reporting instructions. The first step is a call to DEEP’s 24-hour emergency phone line (1-866-DEP-SPIL/1-866-337-7745).

Applicability of the RBCRs

The spill regulations focus on reporting, and the RBCRs provide detailed requirements setting forth what must be done after a new release is reported, as we will discuss in the next post. That said, not all releases reportable under the spill regulations are subject to the RBCRs.

The RBCRs apply to releases to the land and waters of the state, but not all reportable spills reach the land and waters of the state. The RBCRs provide that the following types of reportable releases are not subject to the RBCRs:

  • A release to the air;
  • A release to secondary containment, when the release does not contact soil;
  • A release indoors, provided that it does not come into contact with soil and substantially all of the material released is removed from any surface to which it was released no more than two hours after discovery.  For example, suppose a grocery store mishap results in several gallons of dish soap being spilled on the linoleum floor.  Such a release would be reportable but would not require documentation under the RBCRs if it is cleaned up within two hours.

Next Steps

After a new release is reported, certain immediate response actions are required, as we will discuss in our next post. Any contamination still present after the immediate response actions are completed must be characterized and remediated through the same process applicable to existing releases. These characterization and remediation requirements will be covered in future posts.