Site Remediation and the Licensed Site Remediation Professional Program NJDEP/Air & Waste Management Association Regulatory Update Conference October 12, 2012 Ken Kloo, Director Site Remediation Program SITE REMEDIATION PROGRAM Assistant Commissioner Division of Enforcement, Technical, and Financial Support Division of Remediation Management Remediation Review Remediation Oversight 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 1 Publicly Funded Response Dredging and Sediment Technology Community Relations Site Remediation Reform Act • May 7, 2012 • Full implementation of LSRP program • Final rules adopted 2 Final Rules 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 3 Technical Guidance: Round 1 Technical Guidance topics • Attainment (Compliance) • Monitored Natural Attenuation • Clean Fill/Alternative Fill • PA/SI/RI Groundwater • Conceptual Site Model • PA/SI/RI Soils • Ecological Investigation • Presumptive Remedies • Historic Fill • Receptor Evaluation • Immediate Environmental Concern • Vapor Intrusion • Analytical Methods * • Technical Impracticability * • Linear Construction • LNAPL * = Not completed 4 Technical Guidance: Round 2 5 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 UHOT Rules Unregulated Heating Oil Tanks Aiming to propose Fall 2012 LSRP not required DEP issues NFA, LSRP does not issue RAO Significant changes: 6 • Do not need to analyze for TICs • De minimis volume can remain without need for Deed Notice in limited circumstances • Deed notice “lite” Stakeholder Input DEP recognizes the importance of continued stakeholder input to help ensure the success of the LSRP program • Regulations • Technical Guidances • Training 7 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 8 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 9 LSRP Statistics: (as of October 1, 2012) 10 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 LSRP Statistics: (as of October 1, 2012) Number RAOs filed Number RAOs inspection/review completed Number RAOs invalidated = 1,812 = 1,464 = 0 Average total days DEP processing time= 45.20 11 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/categori es?category=SRRA/) (www.nj.gov/lsrpboard/) 2nd exam = September 24, 2012 • 235 took exam • Results available soon 12 LSRP Licensing Examinations Two more exams scheduled • • November 15, 2012 January 17, 2013 (tentative) November Exam • • • 13 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 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 14 Brownfield Issues HDSRF • Current balance = approximately $30M • A2395/S1246 revised HDSRF priorities • Conditionally vetoed by Governor 15 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% Brownfield Issues Brownfield Development Areas • No plans to designate new BDAs due to limited HDSRF funding 16 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 17 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 18 Questions? 19