understanding site remediation in new jersey understanding site remediation in new jersey njdep/air...

25
Understanding Site Remediation in New Jersey NJDEP/Air & Waste Management Association Regulatory Update Conference 10/14/11 Barry Frasco Assistant Director Site Remediation Program

Upload: tobias-hallford

Post on 28-Mar-2015

215 views

Category:

Documents


1 download

TRANSCRIPT

Page 1: Understanding Site Remediation in New Jersey Understanding Site Remediation in New Jersey NJDEP/Air & Waste Management Association Regulatory Update Conference

Understanding Site Remediation in New Jersey

NJDEP/Air & Waste Management Association Regulatory Update Conference

10/14/11

Barry FrascoAssistant Director

Site Remediation Program

Page 2: Understanding Site Remediation in New Jersey Understanding Site Remediation in New Jersey NJDEP/Air & Waste Management Association Regulatory Update Conference

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

Page 3: Understanding Site Remediation in New Jersey Understanding Site Remediation in New Jersey NJDEP/Air & Waste Management Association Regulatory Update Conference

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

Page 4: Understanding Site Remediation in New Jersey Understanding Site Remediation in New Jersey NJDEP/Air & Waste Management Association Regulatory Update Conference

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

Page 5: Understanding Site Remediation in New Jersey Understanding Site Remediation in New Jersey NJDEP/Air & Waste Management Association Regulatory Update Conference

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

Page 6: Understanding Site Remediation in New Jersey Understanding Site Remediation in New Jersey NJDEP/Air & Waste Management Association Regulatory Update Conference

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

Page 7: Understanding Site Remediation in New Jersey Understanding Site Remediation in New Jersey NJDEP/Air & Waste Management Association Regulatory Update Conference

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

Page 8: Understanding Site Remediation in New Jersey Understanding Site Remediation in New Jersey NJDEP/Air & Waste Management Association Regulatory Update Conference

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

Page 9: Understanding Site Remediation in New Jersey Understanding Site Remediation in New Jersey NJDEP/Air & Waste Management Association Regulatory Update Conference

Partners in Achieving Success

SRP managers and staff

Remediating parties

Board of Licensed Site Remediation Professionals

LSRPs and other environmental professionals

Environmental organizations

Page 10: Understanding Site Remediation in New Jersey Understanding Site Remediation in New Jersey NJDEP/Air & Waste Management Association Regulatory Update Conference

Rules

Guidance

Compliance and

Enforceme

nt

Training

Time Frames

Stakeholder Input

Administrative Procedures

SRPL Board

How will it all come together?

Page 11: Understanding Site Remediation in New Jersey Understanding Site Remediation in New Jersey NJDEP/Air & Waste Management Association Regulatory Update Conference

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

Page 12: Understanding Site Remediation in New Jersey Understanding Site Remediation in New Jersey NJDEP/Air & Waste Management Association Regulatory Update Conference

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

Page 13: Understanding Site Remediation in New Jersey Understanding Site Remediation in New Jersey NJDEP/Air & Waste Management Association Regulatory Update Conference

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

Page 14: Understanding Site Remediation in New Jersey Understanding Site Remediation in New Jersey NJDEP/Air & Waste Management Association Regulatory Update Conference

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

Page 15: Understanding Site Remediation in New Jersey Understanding Site Remediation in New Jersey NJDEP/Air & Waste Management Association Regulatory Update Conference

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

Page 16: Understanding Site Remediation in New Jersey Understanding Site Remediation in New Jersey NJDEP/Air & Waste Management Association Regulatory Update Conference

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

Page 17: Understanding Site Remediation in New Jersey Understanding Site Remediation in New Jersey NJDEP/Air & Waste Management Association Regulatory Update Conference

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

Page 18: Understanding Site Remediation in New Jersey Understanding Site Remediation in New Jersey NJDEP/Air & Waste Management Association Regulatory Update Conference

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

Page 19: Understanding Site Remediation in New Jersey Understanding Site Remediation in New Jersey NJDEP/Air & Waste Management Association Regulatory Update Conference

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

Page 20: Understanding Site Remediation in New Jersey Understanding Site Remediation in New Jersey NJDEP/Air & Waste Management Association Regulatory Update Conference

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

Page 21: Understanding Site Remediation in New Jersey Understanding Site Remediation in New Jersey NJDEP/Air & Waste Management Association Regulatory Update Conference

Stakeholder Input

DEP recognizes the importance of continued stakeholder input to help ensure the success of the LSRP program• Regulations• Technical Guidance Documents• Training

Page 22: Understanding Site Remediation in New Jersey Understanding Site Remediation in New Jersey NJDEP/Air & Waste Management Association Regulatory Update Conference

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

Page 23: Understanding Site Remediation in New Jersey Understanding Site Remediation in New Jersey NJDEP/Air & Waste Management Association Regulatory Update Conference

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

Page 24: Understanding Site Remediation in New Jersey Understanding Site Remediation in New Jersey NJDEP/Air & Waste Management Association Regulatory Update Conference

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

Page 25: Understanding Site Remediation in New Jersey Understanding Site Remediation in New Jersey NJDEP/Air & Waste Management Association Regulatory Update Conference

Questions?