Technical Impracticability Variance
A Technical Impracticability (TI) Variance is a remedial option provided under Section 22a-133k-3(e)(2) of the Connecticut Remediation Standard Regulations (RSRs) that can be granted only where either:
- Non-aqueous phase liquids cannot be contained or removed in accordance with Section 22a-133k-2(g) of the RSRs, or
- Remediation to the extent technically practicable has reduced the concentration of pollutants in groundwater to steady-state concentrations that exceed any applicable criteria, or
- As otherwise specified in EPA guidance.
This option allows sites with chronically impacted groundwater to achieve compliance with the RSRs by exempting a specific geographic area from groundwater criteria while establishing long-term obligations and ensuring the remedy is protective of the environment and human health.
Long-Term Obligations
The following long-term obligations may typically be required as a condition of approval of a long-term TI Variance:
- Environmental Land Use Restriction (ELUR)
- Long-Term Monitoring Program
- Financial Assurance
- 5-Year Status Reports
- Engineered Controls [if necessary]
Guidance, Fact Sheet, Flowchart, and Forms
If you are considering the use of a TI Variance as a remedial option for achieving compliance with groundwater criteria, it is important to be thoroughly familiar with the information presented below regarding this subject:
- TI Fact Sheet - outlines basic information about the use, applicability, requirements, long-term responsibilities, initial screening, and formal review process of a TI Variance request.
- Draft TI Guidance Document – provides clarification on what a TI Variance is and under what conditions it would be applicable and appropriate. It expresses the Department of Energy and Environmental Protection’s (DEEP's) preferred approach to what information is expected to demonstrate the applicability of a TI Variance, identifies the steps that should be taken before requesting a TI Variance and what a TI Variance would encompass in terms of final site closure, including requirements for long-term responsibilities.
TI Variance requests that are submitted for DEEP review and approval must have the Electronic Document Transmittal Form as the cover page and be uploaded into the Connecticut Secure File Transfer (SFT) website.
Content last updated October 22, 2020