Draft 2003 Proposed Volatilization Criteria
April 9, 2010
In 2003, the Department shared with the regulated community a document titled "Proposed Revisions Connecticut’s Remediation Standards Regulations Volatilization Criteria." The 2003 document set forth draft revisions to the Remediation Standard Regulations (RSRs) to existing criteria and new numeric criteria for volatilization and other associated changes. Part of the rationale for these changes was to make the regulations more consistent with federal US Environmental Protection Agency draft guidance issued in 2002. The Department shared the 2003 draft revisions with the public and the regulated community, as the Department intended to incorporate these changes as revisions to the RSRs.
In situations where soil, surface water and groundwater have been contaminated with volatile organic compounds (VOCs), the Department understands that there might be some confusion as to which criteria to apply, the numeric criteria in the proposed 2003 draft revisions or the criteria in the RSRs. Until such time as revised regulations are formally adopted, the numeric standards established in the 1996 Connecticut Remediation Standard Regulations are the required remedial criteria, pursuant to Chapter 445 or 446k of the Connecticut General Statutes. Subject to the applicable provisions of the RSRs (i.e., sections 22a-133k-2(i) and 22a-133k-3(i)), the Commissioner may require that more stringent criteria be applied on a site-specific basis.
For any site where final approval from the Department has yet to be granted or where a Verification has yet to be issued by a Licensed Environmental Professional, the responsible party may submit a request for the Department to approve the use of the 2003 draft Volatilization Criteria as an alternative criteria. Given that the science and justifications for utilizing such criteria is detailed in the above-referenced document, the Department will approve such a request as long as the 2003 draft is used in whole. For Verifications previously submitted, the Department will not reject a Verification solely for using the 2003 draft Volatilization Criteria without having applied to the Department for approval of an "alternative criteria", as long as the draft criteria was used in whole.
Content Last Updated April 9, 2010