Site Remediation and the Licensed Site Remediation

Professional Program

NJDEP/Air & Waste Management Association Regulatory Update Conference

October 12, 2012

Ken Kloo, DirectorSite Remediation Program

SITE REMEDIATION PROGRAMAssistant

Commissioner

Division of Remediation Management

Remediation Review

Inspection and Review

Field Operations North

Field Operations South

UHOT

Remediation Oversight

Case Management

Remedial ActionPermitting

Brownfield Reuse

Publicly Funded Response

Site Management

Environmental Measurements and Site Assessment

Division of Enforcement, Technical, and

Financial Support

Enforcement and Information Support

CaseAssignment and Initial

Notice

Enforcement and Investigations

Information Systems

Hazardous Site Science

Ground Water Pollution Abatement

Environmental Evaluation and Risk

Assessment

Data Quality

Dredging and Sediment Technology

CommunityRelations

Financial Services

Fiscal Support and Contract

Administration

Fund Management

Direct Billing and Cost Recovery

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Site Remediation Reform Act

• May 7, 2012• Full implementation of LSRP program• Final rules adopted

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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

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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

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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

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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

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Stakeholder Input

DEP recognizes the importance of continued stakeholder input to help ensure the success of the LSRP program• Regulations

• Technical Guidances

• Training

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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

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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

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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 needto 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

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Number RAOs filed = 1,812 Number RAOs inspection/review

completed = 1,464 Number RAOs invalidated = 0

Average total days DEP processing time =45.20

LSRP Statistics: (as of October 1, 2012)

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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 soon13

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

LSRP Licensing Examinations

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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

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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%

Brownfield Issues

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Brownfield Development Areas• No plans to designate new BDAs due

to limited HDSRF funding

Brownfield Issues

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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

Publicly Funded Remediations

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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

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Questions?

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