Transcript Site Remediation Program and Licensed Site Remediation

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
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
 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
o
Grace period violations still apply
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 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
How will it all come together?
SRPL Board
Guidance
Rules
Training
Time Frames
Stakeholder
Input
Compliance
and
Enforcement
Administrative
Procedures
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
Rules
 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
Technical Guidance
 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
Committees
 Technical Guidance topics
Vapor Intrusion
LNAPL
Receptor Evaluation
Presumptive Remedies
Immediate Environmental Concern
Clean Fill/Alternative Fill
Historic Fill
Technical Impracticability
Monitored Natural
Attenuation
Conceptual Site Model
Analytical Methods
Ecological Investigation
Attainment (Compliance)
PA/SI/RI Soils
PA/SI/RI Groundwater
Linear Construction
Technical Guidance
Process
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
 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
o
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Rules at DEP
Guidance
LSRP hot topics
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
http://www.state.nj.us/dep/srp/srra/srra_contacts.htm
Questions?