Section 22a-133k-1 - Section parts(a)DefinitionsFor the purposes of the RSRs, the following terms have the following meanings:
(1) "Application of pesticides" means the spraying, spreading, injection, placement or other use of pesticides at a parcel for the pesticide's intended purpose, but does not include other releases of pesticides such as those from the handling, mixing, storing, spilling, leaking or disposing of pesticides, or releases of pesticides from equipment cleaning or repair.(2) "Aquifer protection area" has the same meaning as provided in section 22a-354h of the Connecticut General Statutes.(3) "Area of influence" has the same meaning as provided in section 22a-354b-1(a) of the Regulations of Connecticut State Agencies.(4) "Areal extent of a groundwater plume" means the surface area beneath which groundwater is polluted by a release and in which one or more substances from such release or mobilized by such release is present at a concentration above the laboratory reporting limit.(5) "Background concentration" means the concentration of a substance in soil or groundwater that based on a validated conceptual site model is: (A) In the general geographic vicinity of a release; and(B) Either: (i) Naturally occurring; or(ii) Minimally affected by human influences at concentrations equal to or less than criteria specified in the RSRs.(6) "Carcinogenic substance" means a substance defined as a "carcinogen" by federal or state agencies and for which a quantitative health risk extrapolation is available.(7) "CFR" means the Code of Federal Regulations.(8) "Commissioner" means the Commissioner of Energy and Environmental Protection or the commissioner's designee.(9) "Conceptual site model" means a representation in three dimensions of environmental conditions at a release area that is developed through a multi-phased investigative approach which validates such representation with information about including, but not limited to, a substance's release, fate and transport, and pathway to human and environmental receptors.(10) "Demarcation layer" means a brightly-colored, tear-resistant environmentally-stable marker layer installed at an appropriate depth, suitable to indicate the presence of polluted soil beneath such layer.(11) "Department means the Department of Energy and Environmental Protection.(12) "Dilution factor" means the ratio by which the concentration of a substance dissolving into soil water is reduced by dilution with groundwater or surface water, as applicable.(13) "Dilution and attenuation factor" or "Dilution attenuation factor" means the ratio by which the concentration of a substance dissolving into soil water is reduced by dilution with groundwater and by sorption to unsaturated or saturated soil, or by degradation, transformation or stabilization of the substance.(14) "Diminishing state groundwater plume" means a groundwater plume that has been characterized seasonally and in three dimensions, provided that the characterization of such plume: (A) Is consistent with a validated conceptual site model; and(B) Demonstrates that such plume:(i) Is not migrating, or has very limited potential to migrate, in any direction; and(ii) Is comprised only of substances whose concentrations have decreased and will continue to decrease over time, except for the concentrations of related breakdown components, provided it is demonstrated that concentrations of such breakdown components are not a known risk to human health and the environment. For purposes of this clause, "breakdown components" means constituent compounds that result from the alteration of an original compound in the environment.(15) "Direct exposure criteria" or "DEC" means the criteria identified in Appendix A of the RSRs, alternative direct exposure criteria approved by the commissioner pursuant to section 22a-133k-2(d) of the RSRs, or direct exposure criteria approved by the commissioner pursuant to section 22a-133k-2(b)(7) of the RSRs .(16) "Downgradient" means in the direction of the maximum rate of decrease of hydraulic head.(17) "Downgradient area" with respect to a release of a substance means the area bounded by: (A) The width of the release area of such substance perpendicular to the direction of groundwater flow;(B) Two side boundary lines parallel to the downgradient direction of groundwater flow extending from the two endpoints of said width to the downgradient parcel boundary; and(C) The downgradient parcel boundary extending between the two side boundary lines, excluding any portion of such downgradient area that is either affected by any other release of such substance or beneath an existing permanent structure.(18) "Engineered control" means any physical barrier, system, technology or method that prevents exposure to polluted soil, or minimizes migration of liquids or vapor through such soil, and complies with the other requirements specified in section 22a-133k-2(f)(2) of the RSRs.(19) "Environmental land use restriction" or "ELUR" has the same meaning as provided in section 22a-133q-l of the Regulations of Connecticut State Agencies.(20) "Environmentally isolated soil" means polluted soil which is above the seasonal high water table and is not subject to infiltration in accordance with section 22a-133k-2(c)(5)(A) of the RSRs, thereby preventing the leaching of pollutants from such soil into groundwater.(21) "EPA" means the United States Environmental Protection Agency.(22) "ETPH" means extractable total petroleum hydrocarbons.(23) "Environmental use restriction" or "EUR" has the same meaning as provided in section 22a-133q-l of the Regulations of Connecticut State Agencies.(24) "EUR regulations" has the same meaning as provided in section 22a-133q-l of the Regulations of Connecticut State Agencies.(25) "Excess lifetime cancer risk" means the estimated probability that an individual's exposure to a substance could result in cancer.(26) "GA area" means an area where the groundwater classification is GA, GAA, or GAAs.(27) "GB area" means an area where the groundwater classification is GB.(28) "Groundwater" means that portion of "waters" as defined in section 22a-423 of the Connecticut General Statutes at or below the water table.(29) " Groundwater classification" means the groundwater classification established in the Water Quality Standards.(30) "Groundwater criteria" means surface water protection criteria, water quality criteria, volatilization criteria, groundwater protection criteria, and background concentration, as applicable.(31) " Groundwater divide" means a line on the water table from which the water table slopes downward in both directions away from such line.(32) "Groundwater plume" means groundwater that has been polluted by a release and is emanating from a release area and in which one or more substances from such release is p concentration above the laboratory reporting limit. (33) " Groundwater protection criteria" or "GWPC" means the criteria identified in Appendix C of the RSRs, alternative groundwater protection criteria calculated by an LEP or approved by the commissioner pursuant to section 22a-133k-3(d)(2) of the RSRs, or groundwater protection criteria approved by the commissioner pursuant to section 22a-133k-3(i)(1) of the RSRs.(34) "Hardscape" means man-made features that are incorporated into landscaped areas, including walkways constructed with asphalt, concrete, or pavers; gravel parking areas and driveways; paved or gravel storm water features; placement of natural rock; rip-rap; and non-vegetated retaining walls.(35) "Hazard index" means the calculation of the potential for non-cancer health effects as a result of exposure to one or more substances with the same or similar modes of toxic action or toxic endpoints.(36) "Hydraulic gradient" means the change in hydraulic head per unit distance.(37) "Hydraulic head" means the elevation to which water rises in a piezometer or a well.(38) "Immobilization" or "Immobilize" means the act of binding a substance to create a solid that is resistant to leaching and eliminates or virtually eliminates the mobility of a substance from such solid, including, but not limited to, solidification to physically bind or enclose a substance within a stabilized mass, stabilization through chemical reactions between a stabilizing agent and a substance, or encapsulation by coating a substance.(39) "Inaccessible soil" means soil that meets at least one of the following conditions:(A) Is more than four feet below the ground surface;(B) Is more than two feet below a paved ground surface comprised of bituminous concrete that, at a minimum, is three inches thick or reinforced concrete that, at a minimum, is four inches thick;(C) Is beneath a building or other permanent structure; or (D) Is polluted fill: (i) Beneath a paved ground surface comprised of bituminous concrete that, at a minimum, is three inches thick or reinforced concrete that, at a minimum, is four inches thick; and(ii) That exceeds the applicable direct exposure criteria solely due to:(I) Semi-volatile organic substances or petroleum hydrocarbons that are normal constituents of bituminous concrete ; or(II) Metals at concentrations that are equal to or less than two times the applicable direct exposure criteria .(40) "Industrial/commercial activity" means any activity related to the commercial production, distribution, manufacture or sale of goods , services, or any other activity which is not a residential activity .(41) "Industrial/commercial direct exposure criteria" means the criteria identified as industrial/commercial direct exposure criteria in Appendix A of the RSRs, alternative direct exposure criteria approved by the commissioner pursuant to section 22a-133k-2(d) of the RSRs, or direct exposure criteria approved by the commissioner pursuant to section 22a-133k-2(b)(7) of the RSRs. (42) "Industrial/commercial volatilization criteria" means the criteria identified as industrial/commercial volatilization criteria in Appendix E and Appendix F of the RSRs, alternative volatilization criteria approved by the commissioner pursuant to section 22a-133k-3(c)(4) of the RSRs, or volatilization criteria approved by the commissioner pursuant to section 22a-133k-3(i)(3) of the RSRs.(43) "Intermittent watercourse" is a type of watercourse, as the term is defined in section 22a-38 of the Connecticut General Statutes, delineated in accordance with section 22a-38 of the Connecticut General Statutes.(44) "Laboratory reporting limit means the lowest concentration at which an analyte can be detected in a sample of environmental media by a laboratory certified by the Department of Public Health pursuant to section 19a-29a of the Connecticut General Statutes and which concentration can be reported with a reasonable degree of accuracy and precision pursuant to section 22a-133k-l(h) of the RSRs.(45) "Licensed environmental professional" or "LEP" means an environmental professional who has a current valid license issued by the commissioner pursuant to section 22a-133v of the Connecticut General Statutes.(46) "Matrix interference " means either a positive or negative effect when measuring the concentration of a substance in a sample that creates erroneous results for an analyte.(47) "Maximum extent practicable" means the greatest degree of remediation that can be achieved using sound engineering and hydrogeologic practices without taking cost into consideration.(48) "Maximum extent prudenf means the greatest degree of remediation that can be achieved using sound engineering and hydrogeologic practices that the commissioner deems reasonable, taking into consideration cost in proportion to social and environmental benefits, provided that a mere showing of expense will not necessarily render an alternative unreasonable.(49) "Monitored natural attenuation" means representative groundwater monitoring of the natural attenuation of each substance in a groundwater plume to a concentration equal to or less than groundwater criteria, provided such monitoring demonstrates that: (A) Such attenuation is occurring, and will continue to occur, as evidenced by changes in chemical concentrations, alterations of chemical components, and hydrogeologic conditions within the aquifer after completing the remediation of a release area in a manner that will achieve compliance with the RSRs; and(B) The only remaining groundwater plume from a release is a diminishing state groundwater plume.(50) "Natural attenuation" means a decrease in concentration of a substance in groundwater through operation of natural physical or chemical processes, including, but not limited to, adsorption, absorption, dilution, phase transfer, oxidation, organic complexation, biodegradation, dispersion and diffusion.(51) "Naturally occurring" means present in the environment in forms that have not been influenced by human activity.(52) "Ninety-five (95) percent upper confidence level of the arithmetic mean" m value that, when repeatedly calculated for randomly drawn subsets of size n from a popular equals or exceeds the population arithmetic mean ninety-five (95) percent of the time.(53) "Non-aqueous phase liquid" or "NAPL" means a liquid that is not dissolved in water.(54) "Notice of Activity and Use Limitation" or "NAUL" has the same meaning provided in section 22a-133q-l of the Regulations of Connecticut State Agencies.(55) "Organoleptic" means the capability to produce a detectable sensory stimulus such as odor or taste.(56) "Parcel" means a piece, tracts or lot of land, together with the buildings and other improvements situated thereon, a legal description of which piece, tracts or lot is contained in a deed or other instrument of conveyance.(57) " PCBs" means polychlorinated biphenyls.(58) "PPB" means parts per billion.(59) "PPM" means parts per million.(60) "Person" has the same meaning as provided in section 22a-2(b) of the Connecticut General Statutes.(61) "Pesticide" has the same meaning as provided in section 22a-47(w) of the Connecticut General Statutes.(62) "Pollutant mobility criteria" or "PMC" means the criteria identified in Appendix B of the RSRs, alternative pollutant mobility criteria calculated by an LEP or approved by the commissioner pursuant to section 22a-133k-2(d) of the RSRs, or pollutant mobility criteria approved by the commissioner pursuant to section 22a-133k-2(c)(6) of the RSRs.(63) "Polluted fill" means soil which contained polluting substances at the time such soil was deposited as fill material.(64) "Polluted material" means soil that has been historically intermixed with coal ash, wood ash, coal fragments, coal slag, coal clinkers, asphalt paving fragments, or any combination thereof(65) "Polluted soil" means soil affected by a release of a substance at a concentration above the laboratory reporting limit for such substance.(66) "Pollution" has the same meaning as provided in section 22a-423 of the Connecticut General Statutes.(67) "Potential public water supply resource" means any "potential well fields" as defined in section 22a-354a of the Connecticut General Statutes, or any area mapped by the commissioner pursuant to section 22a-354c(b) of the Connecticut General Statutes.(68) "Public roadway" means any portion of a federal, state, town, or other public highway, including, but not limited to, road, street, parkway, limited access highway, boulevard, or avenue paved with bituminous concrete or concrete, under the control of the federal government, the state or any political subdivision of the state, any quasi-governmental entity or municipal economic development agency or entity created or operating under the Connecticut General Statutes, that is dedicated, appropriated, or open to the movement of vehicles or pedestrians, including appurtenant sidewalks, medians, and shoulders, but excluding landscaped or grassy areas beyond the outer edge of the travel way.(69) "Public water supply distribution system" means any combination of pipes, tanks, pumps, etc. which deliver water from the source or treatment facility to the consumer from any water company, as defined in section 25-32a of the Connecticut General Statutes, supplying water to two (2) or more consumers, or twenty-five (25) or more persons daily, at least sixty (60) days of the year. (70) "Q99" means the daily stream flow that is predicted to be equaled or exceeded on ninety-nine (99) percent of days in a year, and is calculated using methods developed by the U.S. Geological Survey (Stream Stats).(71) "Release" means any discharge, spillage, uncontrolled loss, seepage, filtration, leakage, injection, escape, dumping, pumping, pouring, emitting, emptying, or disposal of a substance.(72) "Release area" means the land area at and beneath which polluted soil is located as a result of a release.(73) "Remediation" means the containment, removal, mitigation, or abatement of pollution , or a substance which poses a risk to human health or the environment, and includes, but is not limited to, the reduction of pollution by natural attenuation.(74) "Reasonable confidence protocols" or "RCPs" means any reasonable confidence protocols, quality assurance requirements, or quality control requirements, posted by the commissioner on the department's internet website, regarding the laboratory measurements of the concentration of a substance in a sample.(75) "Remediation Standard Regulations" or "RSRs" means sections 22a-133k-l to 22a-133k-3, inclusive, of the Regulations of Connecticut State Agencies, including Appendix A to Appendix I, inclusive, of said regulations and when identified by a specific reference, "RSRs" also means any individual section or specific provision of sections 22a-133k-l to 22a-133k-3, inclusive, of the Regulations of Connecticut State Agencies, including Appendix A to Appendix I, of said regulations.(76) "Residential activity" means any activity at(A) A place intended for people to live, including, but not limited to, a residence, dwelling, house, apartment, condominium, nursing home, or dormitory:(B) A pre-school, primary school, secondary school, day care center, playground, or outdoor recreational area: or(C) A hospital, solely for the purposes of compliance with volatilization criteria.(77) "Residential direct exposure criteria" means the criteria identified as residential direct exposure criteria in Appendix A of the RSRs, alternative direct exposure criteria approved by the commissioner pursuant to section 22a-133k-2(d) of the RSRs, or direct exposure criteria approved by the commissioner pursuant to section 22a-133k-2(b)(7) of the RSRs.(78) "Residential volatilization criteria" means the criteria identified as residential volatilization criteria in Appendix E and Appendix F of the RSRs, alternative volatilization criteria approved by the commissioner pursuant to section 22a-13 3k-3 (c)(4) of the RSRs, or volatilization criteria approved by the commissioner pursuant to section 22a-133k-3(i)(3) of the RSRs.(79) "Seasonal high water table" means, on an annual basis, the highest plane in the ground at which all pore spaces are filled with water at atmospheric pressure.(80) "Seasonal low water table" means, on an annual basis, the lowest plane in the ground at which all pore spaces are filled with water at atmospheric pressure.(81) "Sedimenf means unconsolidated material occurring in a watercourse, as that term is defined in section 22a-38 of the Connecticut General Statutes, and in estuarine water or marine water.(82) "Semi-volatile organic substance" means an organic substance that has a higher molecular weight and higher boiling point than a volatile organic substance.(83) "Soil" means unconsolidated geologic material overlying bedrock, land. (84) "Soil water" means that portion of "waters," as defined in section 22a-423 of the Connecticut General Statutes, which is above the water table.(85) "Soil vapor" means gaseous substances in the space between particles of soil.(86) "SPLP" means Synthetic Precipitation Leaching Procedure EPA Method 1312 as set forth in "Test Methods for Evaluating Solid Waste: Physical/Chemical Methods", SW-846, U.S. Environmental Protection Agency, Office of Solid Waste, Washington D.C. 20460.(87) "Substance" means an element, compound or material which, when added to air, water, soil or sediment, may alter the physical, chemical, biological or other characteristic of such air, water, soil or sediment.(88) "Subject area" means an area where the RSRs require an EUR to be placed and maintained as part of the selected remedial approach. "Subject area" includes the area subject to the restrictions and requirements of an EUR after such EUR has been recorded. There can be multiple subject areas on a parcel, or an entire parcel may comprise a single subject area.(89) "Surface-water protection criteria" or "SWPC" means the criteria identified in Appendix D of the RSRs, alternative surface water protection criteria calculated by an LEP or approved by the commissioner pursuant to section 22a-133k-3(b) of the Regulations of Connecticut State Agencies, or surface water protection criteria approved by the commissioner pursuant to section 22a-133k-3(i)(2) of the RSRs.(90) "TCLP" means Toxicity Characteristic Leaching Procedure EPA Method 1311 as set forth in "Test Methods for Evaluating Solid Waste: Physical/Chemical Methods", SW-846, U.S. Environmental Protection Agency, Office of Solid Waste, Washington D.C. 20460.(91) "Technically impracticable" means a determination by the commissioner that further reduction of the concentration of a substance in soil or groundwater cannot be achieved using sound engineering and hydrogeologic remediation practices.(92) "TI Zone" means the areal extent of a substance that is technically impracticable to remediate to the applicable groundwater criteria.(93) "Upgradienf means in the direction of maximum rate of increase of hydraulic head.(94) "Upgradient area" with respect to a release area of a substance means the area bounded by: (A) The width of the release area of such substance perpendicular to the direction of groundwater flow;(B) Two side boundary lines parallel to the upgradient direction of groundwater flow extending from the two endpoints of said width to the upgradient parcel boundary; and(C) The upgradient parcel boundary extending between the two side boundary lines , excluding any portion of such upgradient area that is affected by any other release of such substance, or beneath an existing permanent structure.(95) "Volatilization criteria" means the criteria identified in Appendix E and Appendix F of the RSRs, alternative volatilization criteria approved by the commissioner pursuant to section 22a-13 3k-3 (c)(4) of the RSRs, or volatilization criteria approved by the commissioner pursuant to section 22a-133k-3(i)(3) of the RSRs.(96) "Volatilization criteria for groundwater" means the criteria identified in Appendix E of the RSRs, alternative volatilization criteria approved by the commissioner pursuant to section 22a-13 3k-3 (c)(4) of the RSRs, or volatilization criteria approved by the commissioner pursuant to section 22a-133k-3(i)(3) of the RSRs.(97) "Volatilization criteria for soil vapor" means the criteria identified in Appendix F of the RSRs, alternative volatilization criteria approved by the commissioner pursuant to section 22a-13 3k-3 (c)(4) of the RSRs, or volatilization criteria approved by the commissioner pursuant to section 22a-133k-3(i)(3) of the RSRs.(98) "Volatile organic substance" means an organic substance that has a high vapor pressure and low boiling point at room temperature.(99) "Volatile petroleum substance" means a volatile organic substance found in gasoline, diesel fuel, fuel oil, heating oil, kerosene, jet fuel, or similar fuels, along with volatile organic substances that may have been used as fuel additives.(100) "Water table" means the plane in the ground at which all pore spaces are filled with water at atmospheric pressure.(101) "Water quality criteria" means the lower of the human health or aquatic life criteria contained in Table 3 of the Water Quality Standards.(102) "Water quality standards" means the Connecticut Water Quality Standards in sections 22a-426-l to 22a-426-9, inclusive, of the Regulations of Connecticut State Agencies and the Classification Maps adopted pursuant to section 22a-426 of the Connecticut General Statues.(103) "Wetland" has the same meaning as "wetlands" as provided in section 22a-38(15) of the Connecticut General Statutes or "wetland" as provided in section 22a-29(2) of the Connecticut General Statutes.(b)Applicability (1) General Applicability (A) The RSRs apply to any action taken to remediate polluted soil, surface water or groundwater at or emanating from a release area which action is required pursuant to Chapter 445, Chapter 446k, or section 22a-208a(c)(2) of the Connecticut General Statutes, including, but not limited to, any such action required to be taken or verified by a licensed environmental professional.(B) The RSRs do not apply to:(i) Naturally occurring substances found in the environment in the absence of a release: or(ii) Pollution within the zone of influence of a groundwater discharge permitted by the commissioner in accordance with section 22a-430 of the Connecticut General Statutes.(2) Characterization All investigation and remediation undertaken to comply with the RSRs shall be based on a representative characterization of a release, using a conceptual site model developed in accordance with prevailing standards and guidelines, such as the department's "SiteCharacterization Guidance Document as amended.
(3) Qther Requirements All remediation undertaken to satisfy the RSRs shall be conducted in accordance with all federal, state, and local requirements. including, but not limited to, 40 CFR Part 761, all permits, and other required authorizations . Nothing in this subsection shall be construed as requiring any further remediation of any release which has been remediated and which remediation has been approved in writing by the commissioner, unless the commissioner takes action to require such remediation pursuant to any section of Chapter 446k of the Connecticut General Statutes.
(4) Construction of Regulations In the construction of the RSRs, terms or words in the singular may be construed and applied to more than one thing and terms or words in the plural may be construed and applied to the singular or just one thing.
(c)Time-frames for Issuance of Approvals by the CommissionerThe commissioner shall make best efforts within available resources to process in a timely manner any variance or alternative criteria request pursuant to the RSRs. The commissioner shall, upon request, provide estimated time frames for any such review. In establishing estimated time frames pursuant to this subsection, the commissioner shall take into account available resources, the complexity of the request, and the environmental and economic significance of the remediation.
(d)Public Participation(1) Public Notice of Remediation The public participation requirements of this subsection shall apply after a release has been investigated and a remedial action plan has been prepared but shall not apply to actions undertaken during an emergency or during other unplanned time-critical remedial actions.
(A) Providing Public Notice The public notice prescribed in subparagraph (B) of this subdivision shall be provided through all of the following means:
(i) Submission of copies of such notice to the commissioner in accordance with subsection (g) of this section, and to the chief elected municipal official and the Director of Health of the municipality in which remediation will occur;(ii) Publishing such notice in a newspaper having a general circulation in the municipality in which the remediation will occur; and(iii) By either: (I) Mailing a copy of such notice to each owner of record of each parcel that abuts the parcel to be remediated, at the address for such parcel on the last-completed grand list of the municipality in which the parcel is located; or(II) Erecting and maintaining for at least thirty (30) days, a sign on the parcel to be remediated. Such sign shall be not less than six (6) feet by four (4) feet, shall be clearly visible from the public roadway, and shall include the words "ENVIRONMENTAL CLEAN UP IN PROGRESS. FOR FURTHER INFORMATION CONTACT:" and include a telephone number and an electronic mail address from which any interested party may obtain additional information about the proposed remediation.(B) Contents of Public Notice Except for a sign erected in accordance with subparagraph (A)(iii)(II) of this subdivision, public notice of remediation required pursuant to subparagraph (A) of this subdivision shall include, at a minimum:
(i) The name and address of the owner of the parcel on which remediation will be undertaken and the person responsible for such remediation;(ii) The address of the parcel or, if no address is available, a description of the location of the parcel relative to the nearest intersection of named streets;(iii) The remediation identification number assigned by the department;(iv) A brief description of the nature of the release and the substances being remediated;(v) An electronic mail and postal mailing address, telephone number, and a point of contact to whom comments regarding the remediation can be submitted and from whom any interested person may obtain additional information about the proposed remediation;(vi) A statement that public comments may be submitted, via electronic mail or in writing, for thirty (30) days after the date of publication of such notice; and(vii) A brief description of the proposed remediation or a website where such information may be obtained. This description shall include, but need not be limited to: (I) Use of any variance, engineered control, or EUR under the RSRs; and (II) The approximate schedule to initiate and complete remediation, including any milestones or interim steps.(2) Response to Public Comment (A) There shall be a public comment period on the proposed remediation for thirty (30) days after publication of the newspaper notice required by subdivision (1)(A)(ii) of this subdivision.(B) If no comments on the proposed remediation are received during the public comment period, the person responsible for remediation may commence with the proposed remediation. (C) If comments on the proposed remediation are received during the public comment period, no later than thirty (30) days after close of the public comment period, the person responsible for remediation shall submit to the commissioner a written summary of all such comments and a proposed response to each such comment.(D) Based on the summary of comments and proposed responses, the commissioner may: (i) Direct the person responsible for remediation to send the written summary and response document to each person who submitted comments within thirty (30) days after the direction is given by the commissioner. If an electronic mail address is known, the summary and response document may be sent to a commenter using electronic mail; (ii) Revise the written summary and response document and direct the person responsible for remediation to send the written summary and response document, as revised by the commissioner, to each person who submitted comments within thirty (30) days after the direction is given by the commissioner. If an electronic mail address is known, the summary and response document as revised by the commissioner may be sent to a commenter using electronic mail;(iii) Determine that there is substantial public interest in the proposed remediation and direct the person responsible for the remediation to hold a public meeting regarding the proposed remediation. Notice of any such meeting shall be published in a newspaper of substantial circulation in the area of the proposed remediation at least thirty (30) days prior to such meeting. At such meeting all interested persons shall have reasonable opportunity to submit data, views, or arguments orally or in writing. Any such meeting shall not be conducted as, nor be considered to be, a contested case as that term is defined in section 4-166 of the Connecticut General Statutes. After the public meeting, the person responsible for remediation shall comply with subparagraph (C) of this subdivision and, except for this clause, the commissioner may then take actions specified under this subparagraph; or(iv) Determine that the proposed remediation is premature, inadequate or deficient and indicate additional measures to be taken, including, but not limited to, additional investigation or different remediation.(E) Within thirty (30) days after a public meeting held in accordance with subparagraph (D)(iii) of this subdivision, the person responsible for remediation shall provide to the commissioner a written summary of and response to any comments received during the public meeting and the commissioner may then take any of the actions in subclauses (i), (ii), or (iv) of subparagraph (D) of this subdivision.(3) Requirements for Additional Public Notice (A) If after commencing remediation there is a substantial change to the remedial actions for which notice of remediation has already been provided, the requirements of subdivision (1) and (2) of this subsection shall apply to and be complied with prior to undertaking any such change. For purposes of this subparagraph, a substantial change shall include, but not be limited to, use of any variance for environmentally isolated soil, inaccessible soil, engineered controls, or technical impracticability, for which public notice was not previously provided.(B) After providing public notice of remediation in accordance with this subsection, if the remediation for which public notice was provided is not substantially initiated within three years of publication of such notice, notwithstanding the previous compliance with this subsection, the requirements of subdivision (1) and (2) of this subsection shall be undertaken again before remediation can commence.(4) For the purposes of this subsection, "the person responsible for remediation" means the person legally required to investigate and remediate a parcel, or for voluntary remediation, the owner or person undertaking the investigation and remediation. (e) Environmental Use Restrictions(1) Whenever an EUR is required under the RSRs: (A) An ELUR may always be used; and(B) A NAUL may only be used: (i) Pursuant to section 22a-133k-2(b)(2) of the RSRs, provided the subject area is zoned for industrial/commercial use and no holder of an interest in such area, other than the owner of such area, has a right of residential activity or use;(ii) Pursuant to section 22a-133k-2(b)(3)(B) of the RSRs, provided the concentrations of substances in such inaccessible soil do not exceed ten (10) times the applicable direct exposure criteria;(iii) Pursuant to section 22a-133k-2(b)(6) of the RSRs;(iv) Pursuant to section 22a-133k-2(c)(5)(A) of the RSRs, provided that: (I) The concentrations of substances in such soil do not exceed ten (10) times the applicable pollutant mobility criteria; or(II) The total volume of soil that is environmentally isolated that exceeds ten (10) times the applicable pollutant mobility criteria is equal to or less than ten (10) cubic yards;(v) Pursuant to section 22a-133k-2(d)(2)(A) of the RSRs;(vi) Pursuant to section 22a-133k-2(f)(1) of the RSRs;(vii) Pursuant to section 22a-133k-2(f)(2)(B) or section 22a-133k-2(f)(2)(C) of the RSRs, provided that the concentrations of the substances in polluted soil at the subject area are equal to or less than ten (10) times the applicable direct exposure criteria;(viii) Pursuant to section 22a-133k-3(c)(1) or section 22a-133k-3(c)(2)(A) of the RSRs, provided the subject area is zoned for industrial/commercial use and no holder of an interest in such area, other than the owner of such area, has a right of residential activity or use;(ix) Pursuant to section 22a-133k-3(c)(2)(B) of the RSRs;(x) Pursuant to sections 22a-133k-3(c)(3), 22a-133k-3(c)(4), and 22a-133k-3(c)(5) of the RSRs; or(xi) When an ELUR is required and the parcel on which it is to be recorded is owned by the state of Connecticut or the state of Connecticut purchases a property subject to an existing ELUR, the NAUL shall be approved by the commissioner. (2) Each EUR under the RSRs shall be subject to and comply with all applicable requirements in section 22a-133o of the Connecticut General Statutes, the EUR Regulations and the RSRs.(3) If the RSRs require an EUR: (A) Such EUR shall be in effect prior to: (i) An LEP's verification, including an LEP's interim verification, as those terms are defined in sections 22a-134 (19) and (28) of the Connecticut General Statutes: or(ii) When required by the commissioner, the review and approval of the remediation by the commissioner: or(B) When voluntary remediation is conducted pursuant to section 22a-133y of the Connecticut General Statutes, the documents required to be prepared by sections 22a-133q-2(b) or 22a-133q-3(b) of the EUR regulations, as applicable, shall be submitted as part of the final remedial action report at the time such report is submitted to the commissioner. Upon approval of such report by the commissioner, the EUR shall be executed within thirty-six (36) days of such approval and be put into effect in accordance with the EUR regulations.(4) An EUR shall only be deemed to be in effect when such EUR is recorded on the land records in compliance with the EUR regulations.(5) When a remedy is selected under the RSRs for which an EUR is required to be in effect for different subject areas on a parcel, a request shall be submitted to the commissioner to extend any deadline specified in the RSRs to prepare the materials required to obtain and request such EUR. The commissioner may approve or deny in writing such extension request. No request shall be approved unless it is demonstrated to the commissioner's satisfaction that significant progress has been made to complete the remediation of the parcel and strict adherence to the stated deadline would create an extraordinary hardship.(f)Financial Assurance(1) A financial assurance shall be required to support an engineered control variance or atechnical impracticability variance. Such assurance shall be: (A) Established and maintained for the duration of the period that the engineered control or technical impracticability variance will be used to achieve compliance with the RSRs:(B) Directly available to the commissioner to cover the costs of complying with the variance, including, but not limited to, operation, maintenance, inspection, monitoring, reporting, and other reasonably anticipated repairs and contingencies, in the event that the commissioner determines that such measures have not been performed as required by the RSRs: and(C) Established in an amount equal to the cost of twenty (20) percent of thirty (30) years of operation, maintenance, inspection, monitoring, reporting, and other reasonably anticipated repairs and contingencies, which amount shall be maintained in effect for as long as the variance is used to achieve compliance with the RSRs, except this amount may be adjusted in accordance with subdivision (4) of this subsection.(2) One or more of the following instruments, and no others, shall be used to satisfy the financial assurance requirements of this subsection: (A) Trust Agreement or Trust Fund:(B) Irrevocable Standby Letter of Credit:(C) Payment of Funds in Cash as directed by the commissioner: or(D) Certificate of Insurance.(3) The wording of any instrument used to satisfy the requirements of this subsection shall be identical to the language prescribed by the commissioner, which language shall be posted on the department's internet website. In addition, only an entity that satisfies the following requirements, as applicable, may issue an instrument used to satisfy the requirements of this subsection:(A) Any trustee shall be an entity with authorization to act as a trustee and whose trus operations are regulated and examined by a federal or state agency: (B) Any surety issuing a bond shall be among those listed as acceptable sureties on federal bonds in Circular 570 of the U.S. Department of Treasury:(C) Any institution issuing a letter of credit shall be an entity that has the authority to issue letters of credit and whose letter of credit operations are regulated and examined by a federal or state agency: and(D) Any insurer shall be licensed to transact the business of insurance, or eligible to provide insurance as an excess or surplus lines insurer, in one or more states.(4) The amount of the financial assurance established pursuant to this subsection: (A) Shall be adjusted for inflation at each five (5) year interval from the anniversary date of the establishment of the financial instrument. The adjustment shall be made by using an inflation factor derived from the most recent Implicit Price Deflator for Gross National Product published by the U.S. Department of Commerce in its ''Survey of Current Business" and by multiplying the latest adjusted surety estimate for the site by that five-year inflation factor: and(B) May be adjusted, subject to the discretion and written approval of the commissioner, to reflect any recalculation of the costs of operation, maintenance, inspection, monitoring, reporting, and other reasonably anticipated repairs and contingencies, in current dollars. Any request for an adjustment pursuant to this subparagraph shall be submitted to the commissioner in accordance with subsection (g) of this section.(5) The requirements of this subsection shall not apply when: (A) The entity responsible for remediation is a municipality, an agency or a political or administrative subdivision of the state or federal government: or(B) The amount established under subparagraph (C) of subdivision (1) of this subsection is less than $10,000, unless the commissioner requires compliance with this subsection as a condition of approving the engineered control or technical impracticability variance.(g)Use of Form Prescribed by the Commissioner(1) Any submittal to the commissioner under the RSRs, including, but not limited to, a request for a variance , approval , notice, fmancial assurance, or EUR shall be submitted in writing on a form prescribed by the commissioner. Such form may require the following information:(A) A description of the subj ect release:(B) A description of the distribution and concentration of substances in soil and groundwater resulting from the subject release:(C) The general characteristics of soil in the vicinity of the subject release area:(D)A map showing the extent of all release areas on a parcel and the subject release area, including all sample locations:(E)A map showing the extent of the subject groundwater plume and the concentration of substances in such plume:(F)The tabulated analytical results of all laboratory analyses of soil and groundwater at the subject release area:(G) A detailed justification for any variance or approval requested: (H) Any information specifically required by the RSRs: (I) A signed certification by the person submitting the form and, if provided on the form. certification by an LEP; and (J)Any other information deemed necessary by the commissioner.(2)If an electronic system is available for any submission identified in subdivision (1) of this subsection, such submittal shall be made pursuant to the instructions prescribed by the commissioner for the use of such electronic system.(h)General Requirements for Analytical Data(1) Analytical Data Quality and Usability (A) With respect to analytical data, the following shall apply: (i)All analytical data used to comply with the RSRs shall be scientifically valid and defensible, with a level of precision, accuracy, and sensitivity commensurate with its intended use. All analytical data submitted shall include an analytical data quality assessment and data usability evaluation prepared by individuals qualified to make such assessment or evaluation: and (ii) If the commissioner determines that analytical data is not scientifically valid and defensible, or not of a sufficient level of precision, accuracy, and sensitivity to support the intended use of the data, the commissioner shall identify in writing the reasons for such conclusions and such data shall not be relied upon to demonstrate compliance with the RSRs. (B) The commissioner may specify, by posting on the department's internet website, methods or protocols to ensure that analytical data is of known and documented quality, including, but not limited to:(i) RCPs for laboratory quality assurance and quality control measures or analytical methods for the evaluation of soil, sediment, groundwater, air, or soil vapor; (ii) RCPs to be followed when establishing laboratory reporting limits: and(iii) Methods and protocols for assessing data quality and evaluating data usability which can be used to determine whether data is scientifically valid and defensible, with a level of precision, accuracy, and sensitivity commensurate with its intended use. (C) If an analytical data quality assessment or usability evaluation is conducted using a method or protocol other than the methods and protocols prescribed by the commissioner pursuant to this subdivision, such methods and protocols shall be documented and submitted for the commissioner's review and evaluation. If the commissioner determines that such method or protocol is not scientifically valid and defensible, or not of a sufficient level of precision, accuracy, and sensitivity to support the intended use of the data, the commissioner shall identify in writing the reasons for such conclusions and such data shall not be relied upon to demonstrate compliance with the RSRs. (2)Laboratory Reporting Limit Requirements The laboratory reporting limit for the analysis of all samples used to comply with the RSRs shall:
(A) Be established at a concentration which is less than the applicable criteria, unless matrix interference or instrument limitations cannot be overcome by taking the additional actions listed in subdivisions (3) and (4) of this subsection:(B) Not be artificially raised or lowered: and(C)(i) Be equivalent to the concentration of the lowest standard used to calibrate the instrument actually analyzing a sample, provided such instrument has been calibrated in accordance with a method specified in an RCP or otherwise approved by the commissioner after consultation with the Commissioner of Public Health: or(ii) Be equivalent to the concentration of a low-level reporting standard, as specified in an RCP or otherwise approved by the commissioner after consultation with the Commissioner of Public Health.(3) Matrix Interference(A) When analyzing a sample, if due to matrix interference the laboratory reporting limit for a substance is greater than the applicable RSR criteria for such substance, additional procedures, including, but not limited to, sample preparation procedures or alternative analytical methods shall be evaluated to determine whether the use of such procedures or methods will enable a laboratory reporting limit equal to or less than the applicable RSR criteria for such substance to be consistently and accurately achieved. (B) In the circumstances described in subparagraph (A) of this subdivision, at a minimum, the following procedures or methods shall be evaluated in determining whether a laboratory reporting limit less than or equal to the applicable RSR criteria can be achieved: (i) "Test Methods for Evaluating Solid Waste: Physical/Chemical Methods." SW-846, U.S. Environmental Protection Agency, Office of Solid Waste, Washington D.C. 20460; or(ii) Other analytical methods or procedures either approved in writing by EPA or, after consultation with the Commissioner of Public Health, approved in writing by the commissioner. (C)(i) If pursuant to subparagraph (B) of this subdivision, a procedure or method is identified that will consistently and accurately achieve a laboratory reporting limit equal to or less than the applicable RSR criteria, the sample shall be re-analyzed for the subject substance using such procedure or method.(ii) If after re-analysis the matrix interference is overcome and the lowest laboratory reporting limit for a substance that can be consistently and accurately achieved is now equal to or less than the applicable RSR criteria, the analytical results from such re-analysis can be used for the purpose of determining compliance with the RSRs.(D)(i) If despite taking the actions to overcome matrix interference specified in subparagraphs (B) and (C) of this subdivision, a laboratory reporting limit less than or equal to the applicable RSR criteria cannot be consistently and accurately achieved, a report detailing the measures taken to overcome such matrix interference shall be submitted in writing to the commissioner. This report shall include, at a minimum, a description of the measures taken under subparagraphs (B) and (C) of this subdivision as well as the lowest achievable laboratory reporting limit consistently and accurately achievable under subparagraph (C)(i) of this subdivision.(ii) The commissioner shall use the report submitted pursuant to clause (i) of this subparagraph to determine the lowest laboratory reporting limit for such substance that can be consistently and accurately achieved. If the commissioner determines that such laboratory reporting limit is still greater than the applicable RSR criteria, the commissioner may determine that compliance with the RSRs will be achieved when such laboratory substance has been remediated to such reporting limit. Any such determination by the commissioner shall be in writing and shall include the reasons for such determination. (4) Instrument Limitations (A) When analyzing a sample, if due to instrument limitations the laboratory reporting limit for a substance is greater than the applicable RSR criteria for such substance, alternative analytical methods or alternative instrumentation shall be evaluated to determine whether the use of such procedures or methods will enable a laboratory reporting limit equal to or less than the applicable RSR criteria for such substance to be consistently and accurately achieved.(B) In the circumstances described in subparagraph (A) of this subdivision, at a minimum, the following procedures or methods shall be evaluated in determining whether a laboratory reporting limit less than or equal to the applicable RSR criteria can be achieved: (i) "Test Methods for Evaluating Solid Waste: Physical/Chemical Methods." SW-846, U.S. Environmental Protection Agency, Office of Solid Waste, Washington D.C. 20460; or (ii) Other analytical methods or instruments either approved in writing by EPA or, after consultation with the Commissioner of Public Health, approved in writing by the commissioner. (C)(i) If pursuant to subparagraph (B) of this subdivision, a method or instrument is identified that will consistently and accurately achieve a laboratory reporting limit equal to or less than the applicable RSR criteria, the sample shall be re-analyzed for the subject substance using such method or instmment. (ii) If after re-analysis the instrument limitation is overcome and the lowest laboratory reporting limit for a substance that can be consistently and accurately achieved is now equal to or less than the applicable RSR criteria, the analytical results from such re-analysis can be used for the purpose of determining compliance with the RSRs.(D)(i)If despite taking the actions to overcome instrument limitations specified in subparagraphs (B) and (C) of this subdivision, a laboratory reporting limit less than or equal to the applicable RSR criteria cannot be consistently and accurately achieved, a report detailing the measures taken to overcome such instrument limitations shall be submitted in writing to the commissioner. This report shall include, at a minimum, a description of the measures taken under subparagraphs (B) and (C) of this subdivision as well as the lowest achievable laboratory reporting limit consistently and accurately achievable under subparagraph (C)(i) of this subdivision.(ii) The commissioner shall use the report submitted pursuant to clause (i) of this subparagraph to determine the lowest laboratory reporting limit for such substance that can be consistently and accurately achieved. If the commissioner determines that such laboratory reporting limit is still greater than the applicable RSR criteria, the commissioner may determine that compliance with the RSRs will be achieved when such substance has been remediated to such laboratory reporting limit. Any such determination by the commissioner shall be in writing and shall include the reasons for such determination. (i)Applicability of Remediation to Volatilization Criteria(1) Provided the requirements of subdivision (2) of this subsection are satisfied, notwithstanding sections 22a-133k-3(a) and 22a-133-3(c) of the RSRs, volatile organic substances in groundwater may be remediated to: (A) No more than fifteen (15) feet from the ground surface and no more than fifteen (15) feet from the lowest portion of a building under which groundwater is polluted with such substances: and(B) The applicable groundwater volatilization criteria listed in the following table. Volatile Substance | Residential Volatilization Criteria for Groundwater in µg/L (ppb) | Industrial/Commercial Volatilization Criteria for Groundwater in µg/L (nnb) |
Acetone | 50,000 | 50,000 |
Benzene | 215 | 530 |
Bromoform | 920 | 3,800 |
2-Butanone (MEK) | 50,000 | 50,000 |
Carbon Tetrachloride | 16 | 40 |
Chlorobenzene | 1,800 | 6,150 |
Chloroform | 287 | 710 |
1,2-Di chl orob enzene | 30,500 | 50,000 |
1,3 -Di chl orob enzene | 24,200 | 50,000 |
1,4-Di chl orob enzene | 50,000 | 50,000 |
1,1 -Dichloroethane | 34,600 | 50,000 |
1,2-Dichloroethane | 21 | 90 |
1,1-Dichloroethylene | 1 | 6 |
1,2-Dichloropropane | 14 | 60 |
1,3-Dichloropropene | 6 | 25 |
Ethyl benzene | 50,000 | 50,000 |
Ethylene dibromide (EDB) | 4 | 16 |
Methyl-tert-butyl-ether | 50,000 | 50,000 |
Methyl isobutyl ketone | 50,000 | 50,000 |
Methylene chloride | 50,000 | 50,000 |
Styrene | 580 | 2,065 |
1,1,1,2-Tetrachloroethane | 12 | 50 |
1,1,2,2-Tetrachloroethane | 23 | 100 |
Tetrachloroethylene | 1,500 | 3,820 |
Toluene | 23,500 | 50,000 |
1,1,1-Trichloroethane | 20,400 | 50,000 |
1,1,2-Trichloroethane | 8,000 | 19,600 |
Trichloroethylene | 219 | 540 |
Vinyl chloride | 2 | 2 |
Xylenes | 21,300 | 50,000 |
(2) Compliance with subparagraphs (A) to (D) of this subdivision is required in order to be eligible to use the remediation standards set forth in subdivision (1) of this subsection. (A) Prior to February 16, 2021: (i) Remediation of such volatile organic substances shall have already been initiated or an LEP shall have documented in a Remedial Action Plan submitted to the Commissioner such LEP's determination that no remediation of such substances is required; and(ii) If required, public notice of such remediation shall have been published, pursuant to subsection (d) of this section or any provision of the Connecticut General Statutes;(B)On or before February 16, 2023, remediation of such volatile organic substances shall have been completed and approved by the commissioner, or completed sufficient to support an LEP's verification, as that term is defined in section 22a-133v-1(dd) of the Regulations of Connecticut State Agencies;(C) Compliance with all other requirements in the RSRs regarding volatile organic substances in groundwater shall have been achieved; and(D)Documentation demonstrating compliance with this subsection is submitted to the commissioner by the earliest of the following dates:(i) The applicable deadline set forth in section 22a-134a(g)(1)(B) or section 22a- 134a(g)(1)(C) of the Connecticut General Statutes;(ii) The deadline set forth in any order issued by the commissioner;(iii) The deadline set forth in any judgment issued by a court; or(3) In the event the requirements of subdivision (2) of this subsection are not complied with, volatile organic substances in groundwater shall be remediated to the standards set forth in section 22a-133k-3 of the RSRs, and not those in subdivision (1) of this subsection.Conn. Agencies Regs. § 22a-133k-1
Effective January 30, 1996; Amended June 27, 2013; amended 2/16/2021