DEEP: Remediation Standard Regulation

Connecticut Remediation Standard Regulations

Connecticut's Remediation Standard Regulations (RSRs) provide detailed standards that may be used at any site to determine whether or not remediation of contamination is necessary to protect human health and the environment.

Remediation Standard Regulations Fact Sheet

Remediation Standard Regulations, as amended June 27, 2013
[This version contains the RSRs only. Please see the Environmental Land Use Restrictions webpage for the revised ELUR regulations.  Also note, these versions are unofficial and are made available for convenience of the reader, but are not official version of state law.  The official version is available from the Secretary of State and published in the Connecticut Law Journal.]

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RSR "Wave 2" Concepts

Beginning in August 2013, the Department began releasing Draft Discussion Documents containing concepts for potential future amendments to remediation regulations or new provisions for the RSRs, commonly referred to as "Wave 2".  DEEP will soon embark on the formal rulemaking process for these proposed Wave 2 amendments.  Prior to beginning this formal process, DEEP  presented proposed concepts in the RSR Wave 2 Conceptual Language document and accepted public feedback through May 6, 2016.  Based on the external comments provided to DEEP and internal review of the April 2016 RSR Wave 2 Conceptual Language document, the Revised RSR Wave 2 Conceptual Language document was generated.  

These concept documents are preliminary and informal; they are not final, do not start the formal rulemaking process pursuant to CGS section 4-168, and do not reflect any decisions or approval by DEEP or other parts of state government regarding the amendments that may be proposed.  Therefore, some concepts presented in these documents might not be included in the future proposed amendments.  Also, the concepts presented in these documents may continue to change or may appear differently when DEEP proposes amendments to the RSRs through the formal process.  It is estimated that DEEP will begin the formal public process for adopting revisions to the RSRs in October.

You may send your feedback to DEEP.cleanup.transform@ct.gov. A separate opportunity for formal public comment will be available as part of the formal process in the future. 
 
Below is the estimated schedule of events in the Wave 2 adoption process:
 
Prior to Formal Process:
a. Draft Discussion Documents (August 2013- April 2016)
b. RSR Wave 2 Conceptual Language (Feedback accepted April 5-May 6, 2016)
c. Question and Answer Sessions (April 2016)
d. Comments Received on the RSR Wave 2 Conceptual Language and evaluation of public feedback (May-July 2016) 
e. Revised RSR Wave 2 Conceptual Language (August 2016)
f. Final Draft to Commissioner
g. Begin formal regulation adoption process
 
Note: DEEP Notices of proposed regulations will be posted on Connecticut eRegulations website.  To receive email notification of proposed regulations, you must register on the eRegulations site.

Formal Process:
1. Public Notice of Intent to Secretary of State, beginning the formal public comment period 
2. Public Hearing
3. Close of public comment period
4. Hearing Officer’s Report
5. DEEP notification to all interested parties of availability of final wording
6. Final proposed regulations to Attorney General for Legal Sufficiency approval
7. Final proposed regulations to Office of Fiscal Analysis and Environment Committee
8. Legislative Regulation Review Committee (LRRC) holds meeting on regulatory amendments per CGS section 4-170
9. After approval of LRRC, regulations filed with Secretary of State per CGS section 4-172 (regulations become final upon filing)
10. Publication of regulations in the CT Law Journal

Risk-Based Decision-Making Evaluation

Documents related to the evaluation of risk-based decision-making 

Variances Under the RSRs

Remediation Standard Regulations Approval Request or Notice Transmittal Form (Word / PDF) and Instructions  (PDF) - provides a checklist of variances requiring approval from DEEP or notice to DEEP.

Environmental Land Use Restrictions

Engineered Control Variances

Technical Impracticability Variance

Covenant Not to Sue

Guidance Document for Rendering Soil Inaccessible Using Pavement 

 
 
 

Additional Information

Remediation Standard Regulations Presentation (April 2017) - PowerPoint presentation developed for EPOC's RSR course

Trichloroethylene (TCE) Developmental Risks - joint guidance from DPH and DEEP (Feb 2015)

Emerging Contaminants

1996 Criteria Derivation - Technical Supporting information on the derivation of the risk-based criteria from the 1996 Remediation Standards Regulations

Technical Support Document for Extractable Petroleum Hydrocarbon Fractions Using the ETPH Analytical Method and Criteria Development (PDF)

Connecticut Water Quality Standards - The RSRs were developed to be consistent with the Water Quality Standards and incorporate specific references to them.
 
 
 
Legislative Summaries - Provides a recent history of legislation affecting Remediation Programs
 
Method for Estimating the 7-Day, 10-Year Low Flow of Streams in Connecticut (1982)  - Provides guidance for the self-implementing Alternative SWPC calculation specified in the RSRs section 22a-133k-3(b)(3)(A)

Content last updated May 12, 2017