Site Remediation and the Licensed Site Remediation Professional Program NJDEP/Air & Waste Management Association Re

1. Site Remediation and the Licensed Site Remediation Professional ProgramNJDEP/Air & Waste Management Association Regulatory Update Conference October 12, 2012 Ken Kloo, Director Site Remediation Program

2. SITE REMEDIATION PROGRAM Assistant Commissioner Division of Remediation Management Division of Enforcement, Technical, and Financial Support Remediation Review Remediation Oversight Publicly Funded Response Enforcement and Information Support Hazardous Site Science Financial Services Inspection and Review Case Management Site Management Case Assignment and Initial Notice Ground Water Pollution Abatement Fiscal Support and Contract Administration Field Operations North Remedial Action Permitting Environmental Measurements and Site Assessment Enforcement and Investigations Environmental Evaluation and Risk Assessment Fund Management Field Operations South Brownfield Reuse Information Systems Data Quality Direct Billing and Cost Recovery UHOT Dredging and Sediment Technology Community Relations

3. Site Remediation Reform Act • May 7, 2012 • Full implementation of LSRP program • Final rules adopted

4. Reflect complete conversion to LSRP program “Final” rule included: Amendments to ARRCS, ISRA, UST rules to make consistent with LSRP process Complete overhaul of Technical Requirements Completed with upfront stakeholder input Coincides with conversion of all cases within SRP to LSRP process Final Rules

5. Technical Guidance: Round 1 • Technical Guidance topics • Attainment (Compliance) • Clean Fill/Alternative Fill • Conceptual Site Model • Ecological Investigation • Historic Fill • Immediate Environmental Concern • Linear Construction • LNAPL • Monitored Natural Attenuation • PA/SI/RI Groundwater • PA/SI/RI Soils • Presumptive Remedies • Receptor Evaluation • Vapor Intrusion • Analytical Methods * • Technical Impracticability * • * = Not completed

6. Technical Guidance: Round 2 • Kick-off meeting held September 19 • Six (6) topics chosen through stakeholder process for document development • Committee members chosen • Offsite source investigation • Co-mingled ground water plumes • Historic pesticide use • Capping • Performance monitoring of in-situ ground water remedial actions • Evaluation of contaminated ground water discharge to surface water

7. Unregulated Heating Oil Tanks Aiming to propose Fall 2012 LSRP not required DEP issues NFA, LSRP does not issue RAO Significant changes: Do not need to analyze for TICs De minimis volume can remain without need for Deed Notice in limited circumstances Deed notice “lite” UHOT Rules

8. Stakeholder Input • DEP recognizes the importance of continued stakeholder input to help ensure the success of the LSRP program • Regulations • Technical Guidances • Training

9. Compliance Assistance • Current emphasis on compliance assistance • Identify responsible entity(ies) • Someone needs to step up • No one steps up, all go to Enforcement • Someone steps up: discuss issues - attempt to bring into compliance • Not permanent – offered during transition to LSRP program

10. Enforcement • Will pursue enforcement actions against responsible entity(ies)for failure to: • Retain LSRP • Meet regulatory/mandatory time frames • Meet requirements imposed by Direct Oversight • AONOCAPAs already sent to responsible entity(ies) • LSRPs may be referred to SRPL Board for disciplinary proceedings

11. LSRP Statistics: (as of October 1, 2012) • Total number SRP cases = 14,365 • Total number active LSRP cases = 9,491 • Total number closed LSRP cases = 1,174 • Total number cases that still need to hire LSRP = 2,344 • Total number active UHOT cases = 2,116 • Total number closed UHOT cases = 33,074 • Total number active “other” SRP cases = 2,758

12. LSRP Statistics: (as of October 1, 2012) • Number RAOs filed = 1,812 • Number RAOs inspection/review completed = 1,464 • Number RAOs invalidated = 0 • Average total days DEP processing time = 45.20

13. LSRP Licensing Examinations • 1st exam = May 14, 2012 • 278 took exam • 218 passed (78 percent) • List of permanent/temporary available through DEP and SRPL websites • (datamine2.state.nj.us/DEP_OPRA/OpraMain/categories?category=SRRA/) • (www.nj.gov/lsrpboard/) • 2nd exam = September 24, 2012 • 235 took exam • Results available soon

14. LSRP Licensing Examinations • Two more exams scheduled • November 15, 2012 • January 17, 2013 (tentative) • November Exam • Full Credential Review applicants must submit applications by October 12, 2012 • Limited Credential Review applicants must submit applications by October 19, 2012 • Limited Credential Reviews are available only for individuals who possess a temporary LSRP license and/or individuals who are repeating the exam

15. LSRP Licensing Examinations • January 2013 Exam • Tentatively scheduled for January 17, 2013 • Application schedule for January 2013 exam will be announced when January examination date finalized • SRPL Board anticipates additional examinations will be given May and November 2013 • ALL TEMPORARY LICENSES EXPIRE ON FEBRUARY 28, 2013

16. Brownfield Issues • HDSRF • Current balance = approximately $30M • A2395/S1246 revised HDSRF priorities • Conditionally vetoed by Governor • Accepts revised priorities • Reduces awards to municipalities • Eliminates grants for innovative technology and unrestricted/limited restricted remedies • Funds remedial action workplan (RAW) preparation at 100%

17. Brownfield Issues • Brownfield Development Areas • No plans to designate new BDAs due to limited HDSRF funding

18. Publicly Funded Remediations • Department has amended all contracts to allow use of LSRPs on publicly funded remediations • Implementation ongoing • Immediate Environmental Concerns • Case manager assigned for all IEC cases

19. 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

20. Questions?