And in Other NJDEP News…

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February 23, 2012
USEPA Improves Website for Beach Advisories/Closures, Provides Grants for Beaches
February 23, 2012
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And in Other NJDEP News…

Timing on Rules and Remedial Priority Scoring (RPS) System

The timing of the actions related to the ARRCS/Technical Requirements is expected as follows:

  • March 1 – Reviewed by NJDEP Legal Affairs
  • March 30 – Transmitted to Governor’s Office for approval
  • April 13 – Reviewed by Office of Administrative Law
  • May 7 – Published in NJ Register

UHOT rules have been delayed and are expected in July 2012. They have been distracted with the waiver rule which needed to be fast-tracked.

The Remedial Priority System is expected to be complete in the near term:

  • All scores for sites should be completed by the end of February.
  • Letters will go out to companies by the end of March, with distribution beginning in early March.
  • Companies will have a chance to review these scores.  The feedback loop will remain open from approximately March 12 to June 6.  All additional data must be submitted by June 6.
  • The NJDEP will reevaluate any missing info and submittals by the company sites.  This reiteration should be completed by mid-July.
  • Final scores will be posted by end of September.  The biggest item that will change a score from these review is if a company shows that a pathway does not reach a potential receptor that was used as part of the score.  A company that has a single site in the state will receive a single letter while a company with multiple sites will get a spreadsheet with all of the sites scores documented.
  • The objective is to update this information and site scoring published every six months initially.  After a period of time, the goal will be to update this into every 3 months on the NJDEP website.

Updated Vapor Intrusion Technical Guidance Document Now Available

The New Jersey Department of Environmental Protection (NJDEP) announced the availability of the Vapor Intrusion Technical (VIT) Guidance (version 2.0 dated January 2012). The VIT Guidance is designed to help the investigator to comply with the requirements of the Department and properly assess the VI pathway. The technical guidance takes the investigator through the various stages of receptor evaluation, VI investigation, mitigation, monitoring and ultimately termination.

This document is the culmination of a stakeholder process that started in May 2010. The VIT Guidance replaces the Vapor Intrusion Guidance (VIG) that was previously released in October 2005. Posted along with this guidance document are responses to comments that were received on the Vapor Intrusion Guidance Committee’s Final Draft document.
http://www.nj.gov/dep/srp/guidance/vaporintrusion/index.html

The “Response to Comments” can be found at:
http://www.nj.gov/dep/srp/guidance/vaporintrusion/vig_comments.pdf

In addition, the vapor intrusion screening level tables can be found at: http://www.nj.gov/dep/srp/guidance/vaporintrusion/index.html


Linear Construction Technical Guidance is Now Available

The NJDEP announced the availability of the Linear Construction Technical Guidance (version 1.0 dated January 2012). The guidance is designed to help the investigator to conduct linear construction project in a manner that is protective of human health and the environment.

This document is the culmination of a stakeholder process that started in January 2010.  Posted along with this guidance document are responses to comments that were received on the Vapor Intrusion Guidance Committee’s Final document.

http://www.nj.gov/dep/srp/guidance/srra/lc_guidance.pdf

The “Response to Comments” can be found at: http://www.nj.gov/dep/srp/guidance/srra/lc_response_to_comments.pdf


Status of Administrative Consent Orders and Remediation Agreements

Parties currently conducting remediation pursuant to an Administrative Consent Order (ACO) or a Remediation Agreement (RA) have asked for clarification regarding the status of their ACO/RA in light of the 2009 amendments to the Brownfield and Contaminated Site Remediation Act. NJSA 58:10B-1.3.  This notice is intended to provide that clarification.

The Brownfield Act amendments mandate that remediation proceed without prior NJDEP approval and under the oversight of a Licensed Site Remediation Professional (LSRP).  This mandate applies to parties currently conducting remediation pursuant to an ACO or a RA.

With the exception of some RCRA, CERCLA and Federal Facilities, all parties in any way responsible for a the remediation on a site where a discharge was discovered prior to November 4, 2009, including those sites with an ACO or an RA, are required to hire an LSRP immediately if they miss a mandatory timeframe, or no later than May 7, 2012, whichever occurs first.  Additionally, parties may choose to opt into the LSRP program prior to May 7, 2012.  Upon the date that a party enters the LSRP program, the NJDEP will hold in abeyance all requirements in ACOs/RAs that concern obtaining the NJDEP’s preapproval of reports, workplans, progress reports, and all requirements to meet ACO/RA-specific timeframes.  Parties are expected to proceed with remediation using an LSRP in accordance with NJAC 7:26C-2.4, and to meet all regulatory and mandatory timeframes contained in the applicable rules, including NJAC 7:14B, NJAC 7:26B, NJAC 7:26C and NJAC 7:26E.

For details regarding which RCRA, CERCLA and Federal Facilities are exempted from these requirements, refer to:

http://www.nj.gov/dep/srp/srra/training/matrix/quick_ref/rcra_cercla_fed_facility_sites.pdf.

All other requirements of the ACO/RA remain in effect and are not held in abeyance, including, but not limited to, requirements for a remediation funding source (RFS), the RFS surcharge, and stipulated penalty provisions. The person responsible for conducting the remediation pursuant to an ACO or RA should be aware that the ACO/RA remains in effect and will not be terminated until remediation is complete or all remaining remediation is covered by a remedial action permit.


Compliance Alert – Submitting Documents to the NJDEP Site Remediation Program

To ensure that the submittal of documents is adequately processed and that NJDEP’s data management system reflect compliance with regulatory and mandatory timeframes, submit all forms to NJDEP at the following address:

Bureau of Case Assignment & Initial Notice
Site Remediation Program
NJ Department of Environmental Protection
401-05H
PO Box 420
Trenton, NJ 08625-0420

DO NOT submit any forms to the assigned case manager as many case managers have been reassigned in preparation for full transition to the LSRP Program. Forms will be modified shortly to remove references to submitting the form to a case manager.

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