DEEP: SEMS (CERCLIS) "Comfort Letter" and Archive Policy

SEMS (CERCLIS) "Comfort Letter" and Archive Policy

According to the DEEP policy originally approved by EPA in November 1998, DEEP can take the following actions:

  • If remedial action has been completed through one or more DEEP Remediation Programs, DEEP will request that the Environmental Protection Agency (EPA) remove (archive) any active federal superfund site from the Superfund Enterprise Management System (SEMS), formerly CERCLIS.
  • If remedial action has not been completed, but an interested party has committed to remediate a site through a DEEP Remediation Program, DEEP is willing to recommend that EPA issue a "comfort letter" stating that the US EPA will not take further action to list the site on the National Priorities List.
    Interested parties are asked to submit requests for consideration to:

Patrick F. Bowe
Director
Remediation Division, 2nd Floor
79 Elm Street
Hartford, CT 06106

Archive Request
Remedial action is completed at a site when one or more of the following conditions are met:

  • The site is subject to, and the certifying party has complied with, the requirements of the Property Transfer Law (Sections 22a-134 through 22a-134e of the Connecticut General Statutes [CGS]) and:
    • A Form II has been filed and remediation has been completed and approved in writing by DEEP or a Licensed Environmental Professional (LEP) has verified that the site has been remediated in accordance with the Remediation Standard Regulations (RSRs), or
    • A Form III has been filed and the final remediation report has been approved in writing by DEEP or a LEP has verified that the site has been remediated in accordance with the RSRs, or
    • A Form IV has been filed, and subsequently, the final remediation report has been approved in writing by DEEP, or a LEP has verified that the site has been remediated in accordance with the RSRs.
  • The site has been remediated pursuant to the Voluntary Remediation Program, Section 22a-133x of the Connecticut General Statutes, and the final remediation report has been approved in writing by DEEP or a LEP has verified that the site has been remediated in accordance with the RSRs.
  • The site has been remediated pursuant to the Voluntary Remediation Program, Section 22a-133y of the Connecticut General Statutes, and a LEP has verified that the site has been remediated in accordance with the RSRs.
  • The site has been remediated pursuant to an administrative order or a consent order to abate pollution and the final remediation report has been approved in writing by DEEP.
  • The site has been determined to be eligible for and has been remediated under the Urban Sites Remedial Action Program (Section 22a-133m of the Connecticut General Statutes) and the final remediation report has been approved in writing by DEEP.

“Comfort Letter” Request

DEEP will recommend that EPA send a "comfort letter" stating that EPA will not take further action to list the site on the National Priorities List if an interested party commits to remediate the site through any of the DEEP Remediation Programs referenced above.  The Department will make the recommendation when:

  1. If DEEP is providing oversight of the remediation, when the remedial work plan and schedule has been approved in writing by DEEP.
  2. If a LEP is providing oversight of the remediation, a copy of the remedial work plan and schedule is provided with the request for a "comfort letter".

Remediation Programs and Information

Content Last Updated September 20, 2017