This is the fifth 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 last post in the RBCR series discussed reporting of new releases under Connecticut’s March 2022 spill regulations. This post discusses immediate response actions required for new releases (and especially serious existing releases) under the RBCRs.   

Spill Response Today

As previously discussed, the spill regulations at R.C.S.A. 22a-450-1 et seq., provide reporting requirements for new releases. They also require responsible parties to “act immediately to contain and remove or otherwise properly mitigate such release” to DEEP’s satisfaction “using properly trained personnel.” Some facilities employ in-house personnel properly trained to respond to some releases. Anyone in the business of responding to such releases must hold a spill response contractor permit under Conn. Gen. Stat. §22a-450.

When DEEP personnel and spill response contractors respond to the location of a release, they take immediate action to contain or remove the material released. Once this immediate emergency condition has been corrected, the release is marked “closed” in DEEP’s spill incident database. That said, such release may not have been investigated and remediated to the same standards as existing releases, and compliance with remediation standards may not have been achieved. One of the most significant changes being implemented through the RBCRs is to integrate the characterization, remediation, and closure process for both old and new releases.

Immediate Actions Under RBCRs

The RBCRs provide new requirements for actions that must be taken in the immediate wake of a spill (called an “emergent reportable release” or “ERR” under the RBCRs). These requirements also apply to the discovery of a “significant existing release” or “SER,” i.e., an especially serious existing release like a contaminated drinking water well. Significant existing releases are discussed in more detail in the third post in this series.)

Immediate actions must begin upon discovery of the emergent reportable release or significant existing release, and no later than two hours after discovery. For ERRs, such required actions include removing the release from the land and waters of the state “to the maximum extent practicable” and removing the release from improved surfaces like pavement and concrete. For SERs, it may not be possible to remove the material released right away (as it may have spread over time) and necessary actions will depend upon the site-specific and material-specific circumstances. For both SERs and ERRs, the responsible party must implement measures to prevent migration of the release (e.g., placement of barriers) and must identify and eliminate the source of the release. The RBCRs also provide specific actions that must be taken in specific circumstances. (For example, an alternate water supply must be provided when a drinking water well has been contaminated.)

Closure and/or Longer-Term Remediation

Some emergent reportable releases to improved surfaces (like an asphalt road) can quickly be cleaned up, and some emergent reportable releases to soil can quickly be addressed by excavating impacted soil before the release has an opportunity to spread. For these types of releases, the required closure documentation can be prepared by a new class of environmental professionals, the Permitted Environmental Professional or “PEP.” It is expected that PEPs may include some of the same people and businesses presently permitted as spill response contractors. Training and licensing materials for PEPs are still under development, and more information will be shared when it is available. 

Other releases that cannot be closed by a PEP will be addressed by the existing cohort of Licensed Environmental Professionals or “LEPs.”

Next Steps

When an ERR or SER cannot be fully remediated within one year (for example, because it has impacted groundwater), it will be characterized and remediated under the process set forth in the RBCRs. Those characterization and remediation steps will be discussed in future posts.