Understanding Site Remediation in New Jersey Understanding Site Remediation in New Jersey NJDEP/Air & Waste Management Association Regulatory Update Conference 10/14/11 Barry Frasco Assistant 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 DEP, the Legislature and Stakeholders worked together to write 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 apply o Direct Department oversight for significant violations Licensed Site Remediation Professionals (LSRPs) o Administered by the Board of Licensed Site Remediation Professionals o 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 Jerseys 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 Enforcement 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 :

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 LNAPL Receptor Evaluation Presumptive Remedies Immediate Environmental Concern Clean Fill/Alternative Fill Historic Fill Technical Impracticability Technical Guidance Committees Monitored Natural Attenuation Conceptual Site Model Analytical Methods Ecological Investigation Attainment (Compliance) PA/SI/RI Soils PA/SI/RI Groundwater Linear Construction

Documents written by committees comprised of DEP staff and outside stakeholders Final drafts undergo stakeholder review and comment Final documents are posted on the DEP web site For each technical guidance document, two training sessions are given (with webinar option) Training audio and slides will be posted on the DEP web site Will 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 DEP o Guidance o 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 will result 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

Questions?