ÿþ<!DOCTYPE html PUBLIC "-//W3C//DTD XHTML 1.0 Transitional//EN" "http://www.w3.org/TR/xhtml1/DTD/xhtml1-transitional.dtd"> <html xmlns="http://www.w3.org/1999/xhtml"> <head> <meta http-equiv="Content-Type" content="text/html; charset=ISO-8859-1" /> <title>AEM - SRRA & LSRP</title> <meta name="revisit-after" content="30"> <meta name="classification" content="Engineering"> <meta name="description" content="Applied Environmental Management, Inc. (AEM) is an environmental engineering consulting firm specializing in soil, sediment and groundwater issues."> <meta name="keywords" content="LSRP,environmental, remediation, sediment, dredging, brownfields, site assessment, Dioxin, PCBs, hexavalent chromium, VOCs, contamination, due diligence, soils, groundwater, tank removal, UST removal, Phase I ESA, Pennsylvania, Chester County"> <meta name="distribution" content="Global"> <meta name="rating" content="General"> <meta name="copyright" content="2007 Applied Environmental Management, Inc."> <meta name="author" content="KCP Design"> <meta http-equiv="reply-to" content="caesar-at-kcpdesign.net"> <meta http-equiv="Content-Language" content="English"> <link href="aem.css" rel="stylesheet" type="text/css" media="screen" /> <link href="aem_print.css" rel="stylesheet" type="text/css" media="print" /> <script type="text/javascript"> <!-- function MM_reloadPage(init) { //reloads the window if Nav4 resized if (init==true) with (navigator) {if ((appName=="Netscape")&&(parseInt(appVersion)==4)) { document.MM_pgW=innerWidth; document.MM_pgH=innerHeight; onresize=MM_reloadPage; }} else if (innerWidth!=document.MM_pgW || innerHeight!=document.MM_pgH) location.reload(); } MM_reloadPage(true); //--> </script> <script type="text/javascript" src="flashobject.js"></script> </head> <body> <div id="content"> <div id="branding"> <img src="aem_Art/headers/Home.png" alt="header" width="954" height="149" /></div> <div id="footNav"> <p><a href="index.html" target="_self">home</a> | <a href="svcs.html" target="_self">services &amp; specialities</a> | <a href="projects.html" target="_self">sample projects</a> | <a href="clients.html" target="_self">select client list</a> | <a href="profiles.html" target="_self">profiles</a> | <a href="publications.html" target="_self">publications</a> | <a href="directions.html" target="_self">directions</a></p> </div> <!-- <div id="flashNav"> <div id="firstflash"> <p>Welcome to the APPLIED ENVIRONMENTAL MANAGEMENT, INC. Web Site. We are an environmental engineering and consulting firm providing reliable and quality solutions to environmental challenges. </p> <p>Since you are seeing this, you do not have the Flash player installed. This is our navigation bar. Please go to the <a href="http://www.adobe.com/shockwave/download/index.cgi?P1_Prod_Version=ShockwaveFlash" target="_blank">Macromedia web site</a> to download the latest version of the Flash Player or you can use the navigation at the bottom of each page. </p> </div> <script type="text/javascript"> var fo = new FlashObject("aem_Art/navigation/home.swf", "firstflash", "250", "1000", "6,0,29,0", ""); fo.addParam("quality", "high"); fo.addParam("wmode", "transparent"); fo.write("firstflash"); </script></div> --> <div id="bodyText"> <p class="justifyText"><span class="bodyHeader">New Jersey Site Remediation Program Paradigm Shift under SRRA</span></p> <h4><u>Basis for SRRA Enactment</u></h4> <p class ="justifyText">With more than 20,000 contaminated New Jersey sites and counting, the Site Remediation Reform Act (SRRA) was enacted in 2009 to reverse the growing backlog. SRRA established a privatized program for Licensed Site Remediation Professionals (LSRP) to oversee cleanup of contaminated sites on behalf of owners and responsible parties (RPs) under New Jersey Department of Environmental Protection (NJDEP) regulations, guidance, and administrative procedures . The day-to-day management of site investigation and remedial action shifted from the NJDEP to LSRPs, who have sole authority to lead efforts through site cleanup in accordance with prescribed schedule requirements. The interim administrative requirements for the remediation of contaminated sites (ARRCS) rules became effective November 4, 2009, and apply to all new contaminated sites for owners or RPs who  opt-in to the LSRP program. A two-year transition period for full program implementation ends May 7, 2012, after which LSRPs will be required for all contaminated sites, except those retained by NJDEP (e.g., publicly funded).</p> <p class =" justifyText">SRRA also amended other statutes , and contains an  affirmative obligation provision that requires property owners or RPs to take appropriate remedial action if they know of site contamination. Therein, a LSRP must be engaged by a RP to lead contaminated site remediation efforts. The LSRP is charged to utilize professional judgment to oversee remediation in accordance with applicable standards, regulations, and guidance, and issue response action outcome (RAO) documentation after remediation is completed.</p> <h4><u>Implementation Challenges</u></h4> <p class="justifyText">A LSRP issues RAO documentation to the RP; however, NJDEP retains the authority to accept or reject the RAO as to whether it is protective of human health and the environment. NJDEP must make such a determination through inspection and review of RAO documentation within three years or the RAO is acceptable, unless there are mitigating circumstances discovered thereafter. This places the responsibility on the LSRP to (a) utilize good professional judgment and (b) determine if and when interface with NJDEP staff is appropriate to address potential  gray areas of regulatory compliance, as NJDEP approval is no longer required for remedial investigation (RI) work plans, RI reports, or remedial action work plans.</p> <p class="justifyText">An example is conformance to the Technical Requirements for Site Remediation (TRSR), which is undergoing revision by NJDEP based on public comments toward promulgation by May 2012. The proposed modifications include 12 generic circumstances under which a LSRP would be required to rescind (invalidate) her/his own RAO, without determination by NJDEP or anyone else that the remedial action is not protective of public health and the environment. This provision appears to be contrary to the statutory authority of SRRA, as indicated in the comments issued to NJDEP by the LSRP Association (LSRPA). </p> <p class="justifyText">Another overarching issue is whether the professional judgment and rationale applied by the LSRP to select and implement the final remedy results in full compliance with SRRA and other applicable statutes and regulations. A major concern for each stakeholder (e.g., property owner, RP, local community, NJDEP) is the predictability and finality of site cleanup, including future property development or use and environmental liability, recognizing the RAO is issued after substantial effort and funds have been expended to implement the remedy. </p> <p class="justifyText">Therein, a property owner or RP should engage a LSRP who has the breadth of qualifications and experience needed to definitively characterize the area(s) of concern (AOC) and site conditions, determine remedial requirements for compliance with cleanup standards for each type of contaminated media, develop appropriate work plans, interface with regulatory officials and/or municipal officials, as necessary, and oversee implementation of the selected remedy. The LSRP should also be familiar with the applicable forms, guidance, and regulations applicable under SRRA to prepare appropriate documentation of the remedial investigation and implemented remedy, including the fee payment requirements to NJDEP.</p> <p class="justifyText">For sites with complex operational histories and/or use issues, potential third party liability concerns, exhibit complex or unique environmental conditions, such as historical fill, PCBs, dioxins/furans, or hexavalent chromium contamination, a property owner or RP may also consider engaging environmental counsel experienced with NJ environmental statutes, regulations, and legal precedents associated with Site Remediation Program. </p> <h4><u>Major highlights of SRRA</u></h4> <p class="justifyText">The paradigm shift spawned from enactment of SRRA is embodied in the following highlights:</p> <ul> <li>An affirmative obligation is stipulated whereby a person(s) must remediate the discharge of a hazardous substance for which it would be liable pursuant to the Spill Compensation and Control Act in accordance with regulatory and mandatory timeframes. </li> <li>A program for a new class of environmental consultant, the LSRP, is established for cleaning up contaminated sites in NJ.</li> <li>A Site Remediation Program Licensing Board (SRPLB) is established to administer the issuance and renewal of licenses, auditing of licensees, and resolution of disciplinary claims against LSRPs. </li> <li>NJDEP is charged to inspect and review documentation submitted with RAOs and to audit cases to determine whether LSRPs and RPs comply with applicable regulations</li> <li>NJDEP is to provide technical interface with LSRPs and RPs as requested during remedial investigation and remedy implementation on matters such as regulatory compliance interpretation. </li> <li>Day-to-day management of site investigation and remedial action is the responsibility of the LSRP engaged by the owner or RP of a contaminated site. NJDEP approval is no longer required prior to implementing remedial investigation or remedial action. </li> <li>All parties initiating remediation after November 3, 2009 or who opt into the LSRP program are required to follow the provisions of SRRA. Remediation of all sites will be subject to the LSRP program after May 7, 2012. </li> <li>Mandatory remediation timeframes are established for completing key phases of site remediation. </li> <li>NJDEP shall maintain direct oversight of cases in which the remediating party is recalcitrant in conducting timely cleanups, as well as sites that pose the greatest risk to human health and the environment. </li> <li>NJDEP shall establish presumptive remedies for childcare facilities, residential development, and schools. </li> <li>A fee structure for payment by RPs for NJDEP site remediation program oversight costs is established based on the nature of contamination identified and remediation requirements for a site.</li> <li>The voluntary cleanup program that used Memoranda of Agreement (MOA) is terminated. </li> </ul> <p class="justifyText">It is the goal of NJDEP and other stakeholders that contaminated sites will be cleaned up more quickly, provide appropriate environmental protection to NJ citizens, and provide for the development and return of underutilized properties to the tax rolls after completion of remediation.</p> <h4><u>LSRP Program</u></h4> <p class="justifyText">The SRPLB is charged with establishing the criteria for LSRP licensure and overseeing their licensing, performance, and professional conduct, including establishment of code of professional conduct for LSRPs, examination of candidates, auditing of LSRP license renewal, and disciplinary action for claims of misconduct by LSRPs. An examination for LSRPs is being created under contract to the SRPLB; it will potentially be available for administration in June 2012.</p> <h4><u>Major Issues of Concern</u></h4> <p class="justifyText">Since SRRA and interim ARRCS rules were enacted, a number of major issues have arisen in addition to concerns for professional judgment and RAO finality expressed above. They include potential discrepancies among different NJ statutes and regulations and other issues such as:</p> <ul> <li>Whether the Spill Act language providing liability protection to remediation contractors can be deemed to cover LSRPs;</li> <li>Whether the framework and provisions of the SRPLB final audit process and questionnaire will address and accommodate the concerns submitted by the LSRPA;</li> <li>Whether LSRPs can rely on final remediation documents (e.g., no further action [NFA] designations, RAOs) that resulted from work performed and decisions rendered by prior entities, including NJDEP, on a contaminated property;</li> <li>How the comments and suggested changes to the proposed TSRS submitted by LSRPA will be addressed by NJDEP; </li> <li>Whether SRRA and its implementing regulations contribute to avoidance of engaging LSRPs, the most qualified people for due diligence (i.e., environmental site assessment) work, and may be contrary to the interests of property owners, other stakeholders, and the public at large.</li> </ul> <h4><u>Regulatory and Mandatory Time Frames </u></h4> <p class="JustifyText">Regulatory timeframes are specified in the TRSR within which RPs must complete specified remedial activities. Failure to meet regulatory timeframes may result in NJDEP enforcement action.</p> <p class="JustifyText">An extension to a regulatory timeframe for good cause may be requested, with assumption the extension is  granted unless advised otherwise by NJDEP. </p> <p class="JustifyText">NJDEP is offering  compliance assistance for all new cases and existing cases for when a RP elects to  opt in. Therein, NJDEP will work with LSRPs and RPs to assist in understanding and complying with applicable remediation rules and guidance. However, if after receiving compliance assistance from NJDEP, if the RP still misses a regulatory timeframe or extension thereof, the RP may be exposed to enforcement actions and penalties. </p> <p class="JustifyText">Mandatory timeframes in the ARRCS rules specify the time periods within which certain remedial activities must be completed. Failure to comply will subject the RP to direct NJDEP oversight, a situation to be avoided if at all possible. Currently, there are four rules with two-year mandatory timeframes: </p> <ul> <li>Submission of Preliminary Assessment/Site Investigation Report, if required;</li> <li>Submission of initial Receptor Evaluation Report/Form; </li> <li>Initiation of Immediate Environmental Concern (IEC) source control, if IEC condition discovered; and </li> <li>Installation and operation of free product (e.g., LNAPL) recovery system, if free product discovered.</li> </ul> <h4><u>Expedited Site Specific TimeFrames </u></h4> <p class="justifyText">SRRA allows NJDEP to establish expedited site-specific timeframes for which regulatory requirements have been developed. Also, expedited site-specific timeframes may be set when necessary, as determined by NJDEP, if such action is required to protect public health, safety, and the environment, or is appropriate based on the compliance history of the RP. </p> <h4><u>Inspection and Review Process</u></h4> <p class="justifyText">Each document submitted by a LSRP is to be inspected and reviewed by NJDEP in a timely manner, up to and including RAO documentation. Some documents may undergo more detailed review. A RAO issued by a LSRP to the owner or RP is equivalent to a NFA letter issued by NJDEP for a site under its direct oversight, but with the concerns for finality expressed above. NJDEP retains the authority to agree or disagree with the RAO in terms of its protectiveness for human health and the environment. </p> <h4><u>Reopener Provision</u></h4> <p class="justifyText">SRRA directs NJDEP to audit a RAO not more than three years after the date the LSRP filed the RAO unless:</p> <ul> <li>Undiscovered contamination is found on the site for which a RAO has been filed;</li> <li>SRPLB conducts an investigation of the LSRP; or</li> <li>LSRP who issued the RAO has had her/his license suspended or revoked by SRPLB. In this case, the RAO can be audited at any time. </li>> </ul> <p class="justifyText">As with NFA letters, if new information arises about a remediated site and NJDEP determines that site conditions are no longer protective of public health and the environment, NJDEP may, under the ARRCS rules, invalidate the RAO.</p> <h4><u>Compliance Assistance</u></h4> <p class="justifyText">During the transition period, NJDEP is offering  compliance assistance for new and  opt in cases. If questions or issues of concern are received from a LSRP, a NJDEP inspector or reviewer contacts the LSRP to attempt to resolve the questions or issues of concern. While in this mode, NJDEP will not issue deficiency letters, and will interface with LSRPs and RPs in anticipation of remedial action that is protective of public health and the environment. Should more technical advice be desired, the RP and/or the LSRP can request specific technical consultation with NJDEP to address issues and concerns in a timely manner. A remediating party who  opts in may retract prior submittals and authorize the LSRP of record to resolve deficiencies previously identified by NJDEP.</p> <h4><u>Remediation Funding Source and Financial Assurance</u></h4> <p class="justifyText">A Remediation Funding Source (RFS) is a financial funding mechanism to complete remediation at a contaminated site that must be approved by NJDEP. A RFS is required for industrial establishments subject to the Industrial Site Recovery Act (ISRA) upon NJDEP approval or Remedial Action Work Plan certification by a LSRP, or in accordance with an ISRA Remediation Agreement or an Administrative Consent Order. The RFS must be maintained until either a NFA letter has been issued by NJDEP (sites subject to direct oversight) or a RAO has been submitted to the RP with copies to NJDEP and other entities. </p> <p class="justifyText">Financial Assurances (FA) are NJDEP-approved financial mechanisms that must be established when applying for a RAO permit, which could include engineering controls and their maintenance at contaminated sites. The use of self-guarantee mechanisms is not acceptable to satisfy FA requirements. </p> <h4><u>Immediate Environmental Concern Response Action </u></h4> <p class="justifyText">An Immediate Environmental Concerns (IEC) is an immediate threat to human health, particularly those associated with childcare facilities, schools, residential property, drinking water supplies, buildings with indoor air contamination from subsurface vapor intrusion, and similar immediate human health threats. A RP and LSRP are required to determine if there are any IECs at a site. If identified, NJDEP must be notified and mitigation measures must be implemented expediently to address the threat(s) within specific regulatory-required timeframes. </p> <h4><u>Licensed Site Remediation Professional Association </u></h4> <p class="justifyText">When SRRA was being debated by the NJ legislature, a group of consultants and other interested parties formed a coalition to develop and present testimony representing the views of site remediation practitioners. After enactment of SRRA, the coalition evolved to the LSRPA, which NJDEP recognizes as the primary representative of the profession. Both LSRPs and non-LSRPs involved in contaminated site remediation are members of LSRPA. LSRPA and its members have taken active roles in addressing issues and providing comments during the ongoing SRRA implementation process. </p> <div id="boxedHomeText"> <img src="aem_Art/boxBGcentered.png" alt="AEM&#8217;s relationship with each Client is developed on the premise of providing services that maximize the Client&#8217;s ability to efficiently and effectively manage and resolve its own unique set of environmental challenges." width="650" height="110" /> <div class="hideText"> AEM&rsquo;s relationship with each Client is developed on the premise of providing services that maximize the Client&rsquo;s ability to efficiently and effectively manage and resolve its own unique set of environmental challenges.</div></div> </div> <div id="footNav"> <p><a href="index.html" target="_self">home</a> | <a href="svcs.html" target="_self">services &amp; specialities</a> | <a href="projects.html" target="_self">sample projects</a> | <a href="clients.html" target="_self">select client list</a> | <a href="profiles.html" target="_self">profiles</a> | <a href="publications.html" target="_self">publications</a> | <a href="directions.html" target="_self">directions</a></p> </div> <div id="contact"><img src="aem_Art/Footer.png" alt="footer" width="954" height="52" /></div> <div id="sub"> <p>Copyright 2011, <script type="text/javascript"> /*<![CDATA[*/ /*********************************************** * Encrypt Email script- Please keep notice intact * Tool URL: http://www.dynamicdrive.com/emailriddler/ * **********************************************/ <!-- Encrypted version of: aem [at] *******.*** //--> var emailriddlerarray=[97,101,109,64,97,101,109,45,105,110,99,46,99,111,109] var encryptedemail_id50='' //variable to contain encrypted email for (var i=0; i<emailriddlerarray.length; i++) encryptedemail_id50+=String.fromCharCode(emailriddlerarray[i]) document.write('<a href="mailto:'+encryptedemail_id50+'?subject=Web Site Inquiry">Applied Environmental Management, Inc.</a>') /*]]>*/ </script> All Rights Reserved&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; web site by <a href="http://www.kcpdesign.net" target="_blank">KCP Design, Inc.&nbsp;&nbsp;</a><a href="http://www.kcpdesign.net" target="_blank"> </a> </p> </div> </div> <script type="text/javascript"> var gaJsHost = (("https:" == document.location.protocol) ? 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