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As of March 1, 2026, the Connecticut Department of Energy and Environmental Protection (“CT DEEP”) has commenced a brand-new regulatory program called the Release-Based Cleanup Program, or RBCP, to govern response requirements for hazardous substance releases.

The highly nuanced and detailed new framework is a fundamental shift in how Connecticut regulates environmental contamination, away from the “Transfer Act” and to a discovery-based program with potentially far-reaching implications for property owners in the State.

Site-specific review and consideration are necessary to fully evaluate program requirements for specific circumstances. Working with the right environmental counsel is critical to understanding the new program obligations and managing risk proactively and successfully. Carmody environmental lawyers have been closely engaged with CT DEEP during this transition and have an in-depth understanding of the issues clients may face under the new program. As an active player during CT DEEP’s creation, development, and adoption of this new program, Carmody’s Environmental Practice Group can help you navigate this Brave New World. 

The RBCP will inevitably change how property owners and companies in Connecticut approach transaction structuring, risk management, environmental site strategies. If you have questions about the RBCP, please get in touch, we’d be pleased to discuss your individual issues.

The Key Changes

  • The Transfer Act has officially sunset.
  • Obligations now arise when “releases” are discovered (not when property is transferred).
  • Property owners and those who created the release are the responsible parties under the new program.
  • There is a new framework for “significant” hazardous releases, which requires immediate abatement actions.
  • Triggers for program requirements may arise, and should be carefully considered in relation to environmental transaction diligence.

What To Know – The RBCP Basics

What is the RBCP

The RBCP is CT DEEP’s new program, now effective, governing the identification, reporting, investigation, management, remediation, and closure requirements for historic environmental releases (“historic releases”).  The RBCP also governs response actions/closure of active spills, i.e., those involving observable changes in conditions (called “Emergent Releases,” which are reportable under separate regulations that became effective in 2022 (the “Spill Reporting Regulations”)).

Who is Responsible under the RBCP

Under the new RBCP, persons who create or “maintain” covered releases are responsible for complying with reporting, investigation and cleanup obligations. “Maintainers” include property owners, and potentially, under limited circumstances, tenants. 

When do Obligations Arise Under the RBCP

Obligations under the RBCP are triggered upon the “discovery” of a release by a creator or maintainer, that is, when knowledge of the release is obtained. For historical releases, this includes when lab data is obtained, the presence of NAPL is observed, or when there are multiple lines of evidence indicative of a release. An important exemption to “discovery” is called the “filing cabinet exemption”: a historic release is not deemed discovered if the only evidence of the release is environmental data generated before March 1, 2026.  However, while pre-March 1, 2026, reports or data will alone not automatically trigger discovery, combining old data with new information may. 

Emergent Releases are deemed discovered (and pulled into RBCP requirements) when they are reportable under the Spill Reporting Regulations.

Importantly, there are various exemptions from the new program and nuances related to its applicability; each site and/or potential release will need to be evaluated specifically to determine program applicability implications.

What Does the RBCP Require

The bottom line: discovered releases must be investigated and remediated by a qualified professional and ultimately achieve CT DEEP’s cleanup criteria. Importantly, the new program focuses on requirements for specific releases, in contrast to the Transfer Act that so-often triggered and involved onerous comprehensive site-wide obligations.

There are various layers and types of requirements depending on the circumstances, including the following:

  • Reporting.The RBCP establishes initial timelines to address a discovered release: 120 days for releases that are more than 2x the cleanup criteria, and one year for releases that are less than 2x the cleanup criteria. If cleanup is not achieved within these windows, the release must be reported to CT DEEP.  Reporting timeframes and requirements for Emergent Releases remain governed by the Spill Reporting Regulations. 
  • Significant Existing Releases.There is now a new framework for higher risk releases called “Significant Existing Releases,” or SERs, which must be reported within 72 hours, or 24 hours in the case of a release that is impacting a drinking water supply well. These are releases that pose a significant risk to human health or the environment.
  • Immediate Actions. Significant Existing Releases and Emergent Releases require certain immediate response/abatement actions be taken, depending on the type of hazard (e.g., removing an impacted drinking water well from a public supply). These types of releases then also remain subject to the full investigation/remediation requirements of the RBCP.
  • Risk Tiers. If a release is not fully remediated to the cleanup standards within the applicable timeframe (typically 120-days or  one year), it must be reported to CT DEEP and formally enter the RBCP.  At such time, it will be assigned to one of four “Tiers” (1A, 1B, 2, and 3) based on the potential risk posed by the release and status of the investigation/remediation. 
  • Closure. A release can exit the Tiers and RBCP once the release complies with applicable standards. For all releases remediated to the applicable cleanup standards, an appropriate environmental professional must prepare and maintain a Release Remediation Closure Report. This report, as well as other compliance filings, can be audited by CT DEEP.
  • Fees. Once a release enters a risk Tier, there are new annual fees: $500 for Tier 3, $1,000 for Tier 2, $1,500 for Tier 1B, and $3,000 for Tier 1A; these go up every year.
  • New Cleanup Standards. The roll-out of the RBCP included modifications to cleanup standards including potentially more efficient closure strategies and approaches. 

The Transfer Act and other Regulatory Programs

The Transfer Act has officially sunset! No sites subject to (or previously subject to) the Transfer Act will need to make any new filings under, enter or re-enter the Transfer Act Program as of March 1, 2026. However, sites that are in the Transfer Act and still open will remain in and be managed under the Transfer Act Program. The RBCP may still come into play at these sites for certain newly discovered releases. Similarly, those sites that are currently in a state Brownfield program will remain in such program.

CT DEEP’s voluntary programs have also been revamped, and there is now a new voluntary program that will allow a site-wide remedial approach.

Careful site-specific review will be required to determine what if any intersecting obligations may arise for sites already in a regulatory program or former regulatory program.

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