Connecticut Department of Energy & Environmental Protection

Engineered Control Variances

An Engineered Control (EC) is a permanent physical structure designed to prevent exposure to polluted soil or minimize migration of liquids through polluted soil. Engineered controls typically require long-term measures including monitoring and maintenance of the engineered control, financial assurance, and recording of an environmental use restriction (EUR). Engineered controls installed to comply with direct exposure criteria (DEC) may be certified by an LEP if eligibility requirements specified in section 22a-133k-2(f)(2)(B) of the RSRs are met.  All other ECs must be approved by the Commissioner.

Engineered Control Guidance Document - Under Revision

The Engineered Control Guidance Document (ECGD) was developed by the Remediation Division with support from the Environmental Professionals’ Organization of Connecticut in 2009.  A revised ECGD to include the revised provisions in the 2021 amended RSRs is currently being developed. The ECGD will include a description of what is eligible to be LEP certified under section 22a-133k-2(f)(2)(B) of the RSRs, a description of the information necessary for the preparation of complete and approvable applications for commissioner approval, a description of the long-term obligations, and supplemental resources.

Engineered Control Guidance Document

Please note: Many Engineered Controls include the maintenance of pavement.  The CT Department of Public Health (DPH) recommends against the application of coal tar-based road sealants because they can increase human exposure to carcinogenic polycyclic aromatic hydrocarbons (PAHs). As an alternative, CT DPH recommends an asphalt based sealant, which is low in PAHs. 

DPH EHS Circular Letter #2016-49 Important Reminder Regarding Coal Tar Sealants for Road Repair

Engineered Control Variance Forms

EC variance forms include the Part 1 application, Part 2 application, and the public notice confirmation forms. All forms must be submitted electronically by uploading the documents to the Connecticut Secure File Transfer (SFT) website using the Electronic Document Transmittal Form (embedded as the first page of the electronic document).
   
Part 1 of the application presents the conceptual EC and supporting information to demonstrate the appropriateness of the EC to protect human health and the environment. Part 2 of the application presents the detailed engineering design, implementation schedule, operation and maintenance plan, financial assurance pursuant to 22a-133k-1(f), and requirements of the EUR (section 22a-133k-1(e).  The Part 1 and Part 2 Application Forms may be submitted together.
Pursuant to section 22a-133k-1(d) of the RSRs, confirmation of public notice of the final Engineered Control design is required prior to formal commissioner approval.  The public notice is performed following DEEP concurrence that the approach and design presented in the Part 1 and Part 2 Applications are appropriate.

Engineered Control Completion Statement

Pursuant to section 22a-133k-2(f)(2)(D) of the RSRs, a Final Engineered Control Completion Statement must be submitted to the commissioner within 120 days of completion of construction of the engineered control using the Final Engineered Control Completion Statement Form. The Final EC Completion Statement Form must be submitted electronically by uploading the document to the Connecticut Secure File Transfer (SFT) website using the Electronic Document Transmittal Form (embedded as the first page of the electronic document).

Engineered Control Financial Assurance Tools

Financial Assurance Cost Estimate Example - examples of the types of costs that should be included in determining total costs for which financial assurance for engineered controls would be needed.

1.  Trust agreement or trust fund - Under Development

2.  Irrevocable standby letter of credit

Instructions for Letter of Credit

Letter of Credit Template

Letter of Credit Cover Letter Template

3.  Payment of funds in cash

Receipt of Check for Financial Assurance Template

4.  Certificate of Insurance - Under Development

If you have any questions related to Engineered Controls, please call the Remediation Division at (860) 424-3705.

Connecticut Remediation Standard Regulations

Content Last Updated June 13, 2024