Understanding Site Remediation in New Jersey
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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).

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Understanding Site Remediation in New JerseyNJDEP/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
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
SRRA- Site Remediation Reform Act Program (SRP)

2007-2009 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
SRRA – Set the Framework Program (SRP)

  • 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 framework1
SRRA – Set the Framework Program (SRP)

  • 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 framework2
SRRA – Set the Framework Program (SRP)

  • Enforcement

    • Responsible parties

      • Grace period violations still apply

      • Direct Department oversight for significant violations

    • Licensed Site Remediation Professionals (LSRPs)

      • Administered by the Board of Licensed Site Remediation Professionals

      • Violations of the LSRP Code of Conduct


Committed to success
Committed to Success Program (SRP)

  • 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
We are in Transition Program (SRP)

  • 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
Partners in Achieving Success Program (SRP)

  • SRP managers and staff

  • Remediating parties

  • Board of Licensed Site Remediation Professionals

  • LSRPs and other environmental professionals

  • Environmental organizations


Rules Program (SRP)

Guidance

SRPL Board

Time Frames

Compliance and

Enforcement

Training

Stakeholder Input

Administrative Procedures

How will it all come together?


Site remediation professional licensing board
Site Remediation Professional Licensing Board Program (SRP)

  • 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


Rules Program (SRP)

  • 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)

      • 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)


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


Technical Guidance reflect the complete conversion to the LSRP program

  • 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 reflect the complete conversion to the LSRP program

  • 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 Committees reflect the complete conversion to the LSRP program

  • Technical Guidance topics

    Vapor Intrusion LNAPLReceptor EvaluationPresumptive RemediesImmediate Environmental ConcernClean Fill/Alternative FillHistoric FillTechnical Impracticability

  • Monitored Natural AttenuationConceptual Site ModelAnalytical MethodsEcological InvestigationAttainment (Compliance)PA/SI/RI SoilsPA/SI/RI Groundwater

  • Linear Construction


Technical Guidance Process reflect the complete conversion to the LSRP program

  • 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


Training reflect the complete conversion to the LSRP program

  • 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

      • Rules at DEP

      • Guidance

      • LSRP hot topics


Remediation time frames
Remediation Time Frames reflect the complete conversion to the LSRP program

  • 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
Stakeholder Input reflect the complete conversion to the LSRP program

  • 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
Compliance reflect the complete conversion to the LSRP programand 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
Administrative reflect the complete conversion to the LSRP program 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
Contact Information reflect the complete conversion to the LSRP program

  • 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? reflect the complete conversion to the LSRP program


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