understanding site remediation in new jersey understanding site remediation in new jersey njdep/air...
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Understanding Site Remediation in New Jersey
NJDEP/Air & Waste Management Association Regulatory Update Conference
10/14/11
Barry FrascoAssistant Director
Site Remediation Program
What Prompted the Need to Transform the Site Remediation
Program (SRP) More cases than SRP resources could
handle
• Unassigned cases; un-reviewed documents
• Cases assignment not based on priorities
No clear authority to require remediations within specified mandatory timeframes
Poor work conducted by some consultants• No authority to take action against consultant
SRRA- Site Remediation Reform Act
2007-2009 DEP, the Legislature andStakeholders worked
together towrite and pass SRRA
2009 to today DEP with Stakeholder input are
building the new way of doing
business
SRRA – Set the Framework
Creation of a licensing program for remediation professionals• Improve overall quality of work performed• Allow licensed professionals to perform remedial work
without SRP preapproval of workplans and actions
Development of regulations that are more flexible and less prescriptive• Allow licensed professionals to use more professional
judgment in making remedial decisions
Establish a more predictable fee structure• Elimination of direct billing for many cases• Establishment of set annual fees based on site conditions
SRRA – Set the Framework
Greater stakeholder input into developing regulations and technical guidance• Goal to develop a scientifically and technically sound
approach to remediating sites Establishment of mandatory and regulatory time
frames for various remedial activities• To ensure sites are remediated in a timely manner
Establishment of a permitting program for sites that maintain engineering and institutional controls• To ensure that site remain protective of human health
and the environment
SRRA – Set the Framework
Enforcement • Responsible parties
o Grace period violations still applyo Direct Department oversight for significant violations
• Licensed Site Remediation Professionals (LSRPs)o Administered by the Board of Licensed Site Remediation
Professionalso Violations of the LSRP Code of Conduct
Committed to Success
Governor Christie and DEP Commissioner Martin are committed to the success of the program
Important to have a safe and healthy place to live, work, and play
Contributes to New Jersey’s economic recovery
We are in Transition
Currently:• New cases must follow the LSRP
program• Existing cases may continue under the
old program or• Opt into the LSRP program
Full implementation of the LSRP program starts in May 2012
Partners in Achieving Success
SRP managers and staff
Remediating parties
Board of Licensed Site Remediation Professionals
LSRPs and other environmental professionals
Environmental organizations
Rules
Guidance
Compliance and
Enforceme
nt
Training
Time Frames
Stakeholder Input
Administrative Procedures
SRPL Board
How will it all come together?
Site Remediation Professional Licensing
Board
Will oversee the licensing of site remediation professionals
Will oversee the conduct and discipline of licensed site remediation professionals
Board consists of 13 members (11 members currently appointed)
Board has developed operating By Laws Board is developing operational regulations SRPL Board Web Site : www.nj.gov/lsrpboard
SRRA required DEP to adopt “interim” rules to effectuate the LSRP program
“Interim” were developed and became effective on filing with the Office of Administrative Law (11/4/09) and were published in NJ Register (12/7/09)
“Interim” rules included:• Administrative Requirements for Remediating
Contaminated Sites (ARRCS)o Major revision of the Oversight Rules (NJAC 7:26C)
• Changes to other DEP rules (UST, ISRA, Tech Regs, NJPDES, LU, EIT, GWQS, Sanitary/Spill Fund Claims)
• Interim rules remain in effect for 18 months (expired May 2011)
Rules
DEP proposed the readoption of “interim” rules with minor changes by May 2011
“Interim” rules were adopted on October 3, 2011 (See NJ Register 43 NJR 2581)
Rules
DEP has developed a “final” rules package which will reflect the complete conversion to the LSRP program
This activity is separate from but concurrent with the interim rule proposal/adoption process
“Final” rule includes:• Amendments to ARRCS, ISRA and UST rules to make them
consistent with the LSRP process• Complete overhaul of the Tech Regs with upfront
stakeholder input Proposal in the August 15, 2011New Jersey Register Goal to adopt “final” rule by May 2012
• Coincides with the conversion of all cases within the Site Remediation Program to the LSRP process
Rules
SRRA requires stakeholder involvement in the development technical guidance documents (section14.c(3)):
“The department shall provide interested parties the opportunity to participate in the development and review of technical guidelines issued for the remediation of contaminated sites.”
Technical Guidance
The “what” (goals, objectives) will be in the Technical Requirements for Site Remediation
The “how” will be in Technical Guidance which will contain the actual “nuts and bolts” of how to perform investigation
Technical Guidance
Technical Guidance topics
Vapor Intrusion LNAPLReceptor EvaluationPresumptive RemediesImmediate Environmental ConcernClean Fill/Alternative FillHistoric FillTechnical Impracticability
Technical Guidance
Committees
Monitored Natural AttenuationConceptual Site ModelAnalytical MethodsEcological InvestigationAttainment (Compliance)PA/SI/RI SoilsPA/SI/RI GroundwaterLinear Construction
Documents written by committees comprised of DEP staff and outside stakeholdersFinal drafts undergo stakeholder review and commentFinal documents are posted on the DEP web siteFor each technical guidance document, two training sessions are given (with webinar option)Training audio and slides will be posted on the DEP web siteWill revise documents as needed
Technical Guidance Process
DEP is committed to • Giving people the information that they
need for the LSRP program to succeed
• Partnering with the LSRPA and other groups (like today)
• Providing training on o Rules at DEPo Guidanceo LSRP hot topics
Training
Remediation Time Frames
Regulatory and mandatory time frames for various remediation activities are/will be established in rule
Established to ensure remediation activities are completed in a reasonable time
Extensions allowed for good cause
Exceedance of mandatory time frame willresult in direct oversight
Stakeholder Input
DEP recognizes the importance of continued stakeholder input to help ensure the success of the LSRP program• Regulations• Technical Guidance Documents• Training
Compliance and Enforcement
Currently: an emphasis on compliance assistance for new and opt in cases
However: importance on meeting regulatory and mandatory remediation time frames
LSRP program will have a strong enforcement strategy for non-compliant remediating parties
Administrative Procedures
Case inspection and review process Forms
Fees and Billing
Computer tracking• E-submittals
Remedial Priority Scoring SRP Reorganization
• Most efficient use of resources to ensure success of the LSRP program
Contact Information
Names and phone numbers of SRP staff by topic area are available at
http://www.state.nj.us/dep/srp/srra/srra_contacts.htm
Questions?