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

1. Understanding Site Remediation in New JerseyNJDEP/Air & Waste Management Association Regulatory Update Conference 10/14/11 Barry Frasco Assistant Director Site Remediation Program

2. 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

3. 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

4. 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

5. 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

6. SRRA – Set the Framework • 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

7. 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

8. 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

9. Partners in Achieving Success • SRP managers and staff • Remediating parties • Board of Licensed Site Remediation Professionals • LSRPs and other environmental professionals • Environmental organizations

10. Rules Guidance SRPL Board Time Frames Compliance and Enforcement Training Stakeholder Input Administrative Procedures How will it all come together?

11. 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

12. 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) • 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)

13. 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

14. 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

15. 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.”

16. 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

17. Technical Guidance Committees • 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

18. 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

19. 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 • Rules at DEP • Guidance • LSRP hot topics

20. 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

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

22. 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

23. 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

24. 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

25. Questions?