Latest News from NJDEP

PADEP Permit Decision Guarantee Program, Insurance Reduction, and Mandate Suspension
August 20, 2012
Staff Spotlight – Bobby Boehler
August 20, 2012
Show all

Latest News from NJDEP

RPS Deadline Extended (Again)

The Site Remediation Program (SRP) extended the deadline again for the submission of data on the Remedial Priority Scoring (RPS) Feedback Form from August 31, 2012 to September 30, 2012.  This is limited to the revised information SRP is allowing Persons Responsible for Conducting the Remediation (PRCRs) to submit:

  1. X and Y site location coordinates
  2. Actual extent areas for soil, groundwater, and vapor
  3. Contaminant pathway information to properly close the soil, groundwater, vapor intrusion and ecological evaluation pathways
  4. Missing or rejected Electronic Data Deliverables (EDDs)

The SRP extended the deadline in response to requests from remediating parties and Licensed Site Remediation Professionals (LSRP) who have said that additional time was needed to provide good quality data to the NJDEP.  PRCRs and the LSRPs retained for their sites can properly close the Soil, Groundwater, Vapor Intrusion and/or Ecological Evaluation Pathways on the RPS Feedback Form with current data based on the professional judgment of the LSRP retained for the site.

For additional information on the RPS system, a link to the August 11, 2012 RPS Webinar is provided:   www.nj.gov/dep/srp/srra/training/past_sessions.html.

Other information on the RPS system is available at http://www.nj.gov/dep/srp/srra/rps/index.html.


ARRCS and DCR Plans

The purpose of this listserv message is to discuss when:

  • The requirement in the Discharge of Petroleum and Other Hazardous Substances (DPHS) rules, N.J.A.C. 7:1E, to clean up a leak at a major facility pursuant to a discharge cleanup and removal plan (DCR plan) is triggered, and
  • When the requirement to remediate all discharges pursuant to both the DCR Plan and the Administrative Requirements for the Remediation of Contaminated Sites (ARRCS), N.J.A.C. 7:26C, including hiring an LSRP to oversee that remediation, is triggered.

The NJDEP recently amended the DPHS rules at N.J.A.C. 7:1E-5.7(a)2 to now require any person responsible for a discharge to take all necessary and appropriate measures to contain, mitigate, cleanup and remove the discharge by:

  1. Following the facility’s approved DCR plan  . . .  AND (emphasis added)
  2. Remediating the discharge pursuant to the Administrative Requirements for the Remediation of Contaminated Sites, N.J.A.C. 7:26C”.

A “leak” under N.J.A.C. 7:1E is not a “discharge” and thus does not trigger any of the requirements to remediate under ARRCS, N.J.A.C. 7:26C.  For example, a leak to a containment area that does not exit the containment area to the lands or waters of the State is not a discharge because it is contained.  Leaks are to be cleaned up pursuant to a major facility’s DCR plan, and no LSRP involvement is required.

However, where there is a “discharge” (see definition of that term in ARRCS at N.J.A.C. 7:26C-1.6 and the Technical Requirements for Site Remediation at N.J.A.C. 7:26E-1.8), the discharge must be remediated pursuant to both the DCR plan and the ARRCS rules.  All remediation of a discharge must be overseen by an LSRP, except for those discharges specifically carved out at N.J.A.C. 7:26C-1.4(e):

  • A petroleum discharge of less than 100 gallons that does not reach State waters and is cleaned up as prescribed;
  • A discharge that results from a passenger motor vehicle accident; or
  • A discharge that the Department refers to Emergency Response or to a CEHA).

This does not mean, however, that the discharge cannot be immediately addressed under the DCR plan.  It just means that the LSRP has to sign off on whatever actions were taken to address the spill.  This is exactly the same procedure that would occur on a site for which no DCR plan was required but where the person responsible for conducting the remediation used an interim remedial measure to address the discharge.

Finally, nothing in either ARRCS or the Technical Requirements prevents the facility from immediately addressing a discharge, and in fact, facilities are required to do so.  The Brownfield and Contaminated Site Remediation Act at N.J.S.A. 58:10B-19 and the Technical Requirements for Site Remediation at N.J.A.C. 7:26E-1.10 require “as a first priority” that the person responsible for conducting the remediation shall have a continuing responsibility to identify and implement “any interim remedial measure necessary to remove, contain or stabilize a source of contamination to prevent contaminate migration and to protect the public health and safety and the environment.”  Accordingly, discharges that are remediated as interim remedial measures are not subject to the public notification provisions of ARRCS at that phase of the remediation.


Community Outreach Guidance for Vapor Intrusion Investigations

The NJDEP has developed community outreach guidance for environmental consultants and responsible parties to use when performing vapor intrusion investigations.  The community outreach guidance contains recommendations for communicating with the public when setting up sampling appointments, reporting results, and other vapor intrusion activities.  The guidance is available at www.nj.gov/dep/srp/guidance/vaporintrusion.

In addition, the NJDEP has created template letters for environmental consultants and responsible parties to use when attempting to obtain access to properties to perform vapor intrusion testing, as well as template letters and tables for notifying property owners and occupants of their vapor intrusion testing results.  These template letters and tables are available at www.nj.gov/dep/srp/guidance/vaporintrusion/templates.

Please note that the template letters and tables are being provided as a courtesy and use of these templates is optional.  If you choose to develop your own letters, please see the note at the bottom of the web page for information on how to communicate with the public.

It is also important to note that these template letters and tables are subject to change.  If you choose to use these template letters and tables when contacting the public, be certain to check the web page to ensure you are using the most current versions.

For more information, please contact Heather Swartz, Community Relations Coordinator in the Site Remediation Program’s Office of Community Relations, at Heather.Swartz@dep.state.nj.us.


SRP Announces Upcoming Changes to Hazsite/Electronic Data Submittal (EDS)

The SRP updated the electronic data deliverable (EDD) format and the HazSite web site during the week of July 30, 2012. The web site includes an updated version of the SRP Electronic Data Interchange (EDI) manual.  The new EDI manual includes all the updated table and field definitions required to submit an accurate EDD.  The new EDI manual also includes a submission process which coincides with the LSRP Program being implemented by SRP. A new version of SRP’s Electronic Data Submittal Application (EDSA) will be released in concert with the new EDI manual. The new EDSA is known as EDSA7.  All LSRPs should use EDSA7 since it benefits the data preparer by reducing data submittal failures and increases data quality.

While the NJDEP encourages the use of EDSA 7 upon release for all data submittals, the NJDEP is allowing for a 90-day transition.  Any EDD submitted on or after November 1, 2012 shall comply with the new EDD format.

A few of the new data submittal requirements and EDSA7 updates are:

  • Data submission will be via email
  • Data must be submitted in a txt format
  • A well permit number must be included for all permanent wells
  • Several existing fields such as CAS# and QUANTTYPE are now required fields
  • Several new fields such as CONTACTNAM (contact name) and CONTACTTEL (contact telephone number) have been added
  • The “sample number” field has been expanded from 7 to 50 characters so that a larger string can be entered
  • In an effort to improve the accuracy and reliability of final sample data, EDSA7 includes a web link to additional warning and error messages with more concise descriptions.
  • EDSA will check online for updates to the program whenever it is used and direct the data preparer where to download the updated version.

The new EDSA7 version has been beta tested by internal SRP users as well as an external LSRP / laboratory beta test team.


Paper and Electronic Submittal Requirements for ARRCS

The NJDEP has received several inquiries regarding how forms and documents are to be submitted pursuant to the new regulations.

  • Pursuant to ARRCS, 7:26C-1.5, the person responsible for conducting the remediation shall ensure that each form submitted to the Department is certified [7:26C-1.5(a)], and that the certification are signed and dated original certifications, not photocopies [7:26C-1.5(b)].
  • In addition, 7:26C-1.6(b)1i requires the person responsible for conducting the remediation to submit one electronic copy on compact disk (CD) of all forms, applications, documents and laboratory data deliverables.  Exceptions to this provision exist, whereby paper copies are also required for certain maps and laboratory data deliverables.

Accordingly, all forms are to be submitted as both paper and electronic copies, and all applications, documents, and laboratory data deliverables are to be submitted as electronic copies (again, with limited exceptions).

Please note that this listserv will be updated accordingly when the electronic portal is available.


NJDEP Announces 2nd Round of Technical Guidance Development

On Wednesday May 30, 2012, a SRRA Listserv message was issued to announce the start of a 2nd round of Technical Guidance development.  Stakeholders were invited to submit ideas on new guidance topics by June 18, 2012 and to attend a meeting held on June 20, 2012 to discuss the topics.  Approximately 30 topics were submitted for consideration from Stakeholders and NJDEP staff.  These topics were evaluated and discussed during three meetings held on June 20, July 19 and August 8  at NJDEP offices in Trenton.  NJDEP staff and outside Stakeholders participated in all three meetings.

Topics appropriate for Technical Guidance development must be technical issues where guidance is needed.  Topics cannot be policy issues or issues that require a change in statute or rule.  In addition, the scope of the topic must be focused so that guidance development is reasonably achievable.  During the August 8, 2012 meeting, six topics were selected to move forward for Technical Guidance Development.  These topics are:

  1. Offsite Source (Investigating/Documenting): Guidance will address all media and focus on approaches and information needed to adequately document off-site impact.
  2. Co-Mingled Groundwater Plumes:  Guidance will focus on new technical approaches for ground water characterization, plume forensics and fate and transport.  It will not address policy or litigation issues.
  3. Historic Pesticide Use:  Guidance will focus on sampling approaches and blending techniques to mitigate historic pesticide contamination.  Document will not address policy issues.
  4. Capping:  Guidance will focus on technical considerations and options for cap selection and installation.  This will also include capping recommendations in Presumptive Remedy Guidance.  Document will not address policy or risk related issues.
  5. Performance Monitoring of In-situ Groundwater Remedial Actions:  Guidance will focus on issues related to performance monitoring of in-situ GW remedial actions and identify needed components of a Permit-by-Rule application.
  6. Evaluation of Contaminated Groundwater Discharge to Surface Water:  Guidance will focus on new advances in GW/SW investigation and sampling approaches and the understanding of GW discharges to SW bodies.

Technical Guidance Committees will be formed to develop guidance on the above topics.  Committees will be limited to 3-5 NJDEP staff and 5-7 Stakeholders and they will be Chaired by a NJDEP staff person.  Committees typically meet every other week and conference call/web conferencing is available for most meetings so members do not always need to travel to Trenton to participate.  Due to the limited membership, it is important that each committee have a good mix of regulatory perspective, technical expertise and practical application.  Any individual who is interested in participating on a Technical Guidance Committee is invited to email a statement of interest by Wednesday August 29th, 2012 to George Nicholas (NJDEP/SRP Technical Guidance Lead) at George.Nicholas@dep.state.nj.us.  This statement should identify the committee of interest, confirm they have the time to invest in the process and see it through (please document management approval, if applicable), and outline qualifications and expertise in the guidance topic area.  Statements of interest will be reviewed by NJDEP and committee members will be appointed to the six Technical Guidance Committees at the next scheduled meeting, which is September 5, 2012 from 2:00-4:00 (NJDEP 1st floor Public Hearing Room).


Upcoming NJDEP Training

Web Tools: Data Miner and Well Search E-Tools

One session will be held on Thursday, September 13th from 1:00 – 4:00 PM in the NJDEP Public Hearing Room, Trenton (registration begins at 12:30 PM).

**It is requested that any person who wants to participate in this training first read the Well Search E-Tools document on the SRP GIS web page at   http://www.nj.gov/dep/srp/gis/index.html.

DATA MINER

This session will provide LSRPs and other interested parties with an overview of Data Miner.  Data Miner is an internet-based tool that provides the public access to a wide range of data and reports about SRP sites.  A review of the various reports that are generated in Data Miner as well as how to access search tools and tracking reports will be demonstrated.  The following topics will be covered during the session:

  • How to access Data Miner
  • LSRP Reports
  • Case Tracking Reports
  • Site Search Reports
  • XY Permit Well Search Report
  • Using Data Miner and Excel
  • Commonly Asked Questions and Issues
  • Questions and Answers

WELL SEARCHES

This session will provide LSRPs and other interested parties with an overview of electronic well search tools, now available FREE on the SRP website.  A demonstration of how to access the well search tools and navigate the other attributes and shape files to better locate well points will also be provided.   Topics to be discussed are as follows:

  • ArcGIS Explorer
  • Data Miner Well Query Results in Explorer
  • Well Attributes within Explorer
  • How to find your Point of Groundwater Contamination
  • Buffers
  • Shape File Records
  • Questions and Answers

Presenters:

  • Karen Ricciardi – Moderator
  • Andy Geary – Bureau of Information Systems and Program Support
  • Nick Sodano – Bureau of Information Systems and Program Support

Registration:

  • In order to attend in person, please register on the LSRPA website at: www.lsrpa.org.
  • To register for the webinar please go to: https://www1.gotomeeting.com/register/760013736.  Once registered you will receive an email confirming your registration with information you need to join the Webinar.

Presentation Materials:

The slides and resulting audio will be posted on the SRP web site shortly after the presentation for future reference.

LSRP Hot Topics – Identification of Land Use Resources and Permitting (LURP) for Contaminated Sites and Landfill Closures

One session will be held on Wednesday, October 24th from 4:00 – 6:00 PM in the NJDEP Public Hearing Room, Trenton (registration begins at 3:30 PM).

This session will provide the LSRP and other interested parties with an overview of freshwater wetlands, flood hazard area, CAFRA and waterfront development jurisdiction and permitting requirements when implementing remedial investigations and/or a remedial action work plan on contaminated sites or landfill closures. The following topics will be covered during the session:

  • Land use jurisdiction: Statutes and Regulations
  • Tools to identify resources
  • Land use applications: Jurisdictional Determinations and Permits
  • Case studies
  • Questions and Answers

 Presenters:

  • Tessie Fields – Moderator
  • Mark Pedersen – Director, Land Use Regulation Program
  • Suzanne Dietrick – Chief, Office of Dredging and Sediment Technology

Registration:

  • In order for non-NJDEP staff to attend in person, please register on the LSRPA website at: www.lsrpa.org.
  • To register for the webinar please go to: https://www1.gotomeeting.com/register/336284736.  Once registered you will receive an email confirming your registration with information you need to join the Webinar.

Presentation Materials:

The slides and resulting audio will be posted on the LURP, SRP and the LSRPA web sites shortly after the presentation for future reference.

Final Rules Package Training

Training on the Final Rules Package (ARRCS, Tech Regs, UST and ISRA) will be provided on October 18, 2012 at Trayes Hall, Rutgers University in New Brunswick.  Representatives from NJDEP have developed the course content and will provide the training for this seminar.  This one-day program is designed to provide an overview of the Final Rule Package. Changes to procedures, submissions and time frames will be highlighted among a broad range of featured topics.

To register for this course please go to Rutgers Continuing Professional Education website at   http://www.cpe.rutgers.edu/brochures/intros/finalrule.html.  Please note that priority will be given to registrants who are attending this class in order to sit for the Licensing Exam.

Comments are closed.