May 17, 2021 - NJDEP Adopts New Remediation Standards

On May 17, 2021, the NJDEP adopted amended rules at N.J.A.C. 7:26D. Included in the amended rules are soil and soil leachate remediation standards for the migration to ground water exposure pathway and indoor air remediation standards for the vapor intrusion exposure pathway. Numerous changes in the remediation standards are certain to impact current, future, and closed remediation sites. The phase-in period for the updated rules is six months from May 17, 2021, with certain exceptions (e.g., previously approved Remedial Action Workplan, etc.). Several of the key changes include:

• Replacement of "Direct Contact” Soil Remediation Standards with “Ingestion-Dermal” and “Inhalation” exposure pathways.

• Default “Impact to Groundwater Soil Screening Levels” have been replaced with soil and leachate remediation standards for the new “Migration to Groundwater” exposure pathway.

• Replacement of “Indoor Air Screening Levels” with “Indoor Air” Remediation Standards.

For additional information on these remediation standard changes & how they may impact your project, please contact tfrancis@cardinalLSRP.com or www.cardinalLSRP.com.

Specific details are available on the NJDEP’s site:[EXTERNAL]: Adoption of Remediation Standards and Updates to Alternative Remediation Standards Technical Guidance (nj.gov)

At Cardinal Environmental, we have the experience to get you through your remedial situation and provide realistic costs up-front, regardless of the size, or scope.  Additionally, with over two decades in the industry, we have established relationships in the environmental community to get your project on a cost-effective remedial course that meets your long-term goals.

NJDEP Financial Assurance and Remedial Funding Source: Surety Bond-Model Documents

On October 1, 2020, & October 19, 2020, the NJDEP identified that Surety Bonds are acceptable forms of a Remedial Funding Source (RFS) and Financial Assurance (FA), respectively.  Both were posted in accordance N.J.S.A. 58:10C-19 & 58:10B-3i, with model documents available on the NJDEP’s RFS Guide Web Page:

 https://www.nj.gov/dep/srp/guidance/rfsguide/#fa_mechanisms.  

 https://www.nj.gov/dep/srp/guidance/rfsguide/#rfs_mechanisms

For parties choosing to use a Surety Bond, use of the model document is required and the language, as published, cannot be modified.  It should be noted that use of the model documents are currently allowed; however, future changes to the model may be required an amendment or replacement (pursuant to the Administrative Requirements for the Remediation of Contaminated Sites (ARRCS) at N.J.A.C. 7:26C-5.

If a party required to establish a Remediation Funding Source chooses to use a Surety Bond:

1. The original Surety Bond must be provided to the Department with a Remediation Cost Review and RFS/FA Form and, as applicable, 1% surcharge check for an initial RFS submittal or if switching from a Self-Guarantee.

2. The entity issuing the bond must be listed on the U.S. Department of Treasury Circular 570 as an acceptable surety and must have a surety license for the state of New Jersey.

3. The bond cannot be cancelled by the Principal (i.e., the person responsible for conducting the remediation) without written authorization from the Department. Cancellation by the entity issuing the bond requires a 120-day advance Notice of Cancellation sent to the Department and the Principal by certified mail or overnight courier. The cancellation cannot occur during the 120 days beginning on the date of receipt by both the Department and the Principal as evidenced by the Return receipts.

If a party required to establish Financial Assurance chooses to use a Surety Bond:

1. The original Surety Bond must be provided to the Department with a Remediation Cost Review and RFS/FA Form.

2. The entity issuing the bond must be listed on the U.S. Department of Treasury Circular 570 as an acceptable surety and must have a surety license for the state of New Jersey.

3. The bond cannot be cancelled by the Principal without written authorization from the Department. Cancellation by the entity issuing the bond requires a 120-day advance Notice of Cancellation sent to the Department and the Principal by certified mail or overnight courier. The cancellation cannot occur during the 120 days beginning on the date of receipt by both the Department and the Principal as evidenced by the Return receipts.

For additional information on Surety Bonds as NJDEP-approved RFS/FA mechanisms, please contact tfrancis@cardinalLSRP.com or www.cardinalLSRP.com.

At Cardinal Environmental, we have the experience to get you through your remedial situation and provide realistic costs up-front, regardless of the size, or scope.  Additionally, with over two decades in the industry, we have established relationships in the environmental community to get your project on a cost-effective remedial course that meets your long-term goals.

NJDEP Provides Temporary Rule Suspension-Remediation Fee Calculation

On June 17, 2020 the NJDEP adopted an emergency adoption of a temporary rule to suspend the requirement to calculate Site Remediation Reform Act (SRRA) and Remedial Action Permitting fees for fiscal year (FY) 2021, due to financial & budgetary uncertainties cause by COVID-19 pandemic and outlined in Governor Murphy’s Executive Order No. 103 (EO 103).  The FY 2021 fees would remain in effect until FY 2022.

Additional links are below:

• https://www.nj.gov/dep/covid19regulatorycompliance/?utm_medium=email&utm_source=govdelivery

• https://www.nj.gov/dep/covid19regulatorycompliance/docs/srp-contaminated-site-fee-20200617.pdf

• https://www.nj.gov/dep/srp/guidance/srra/fee_guidance_document.pdf

For additional information on Remediation Fees affected by COVID-19 please contact tfrancis@cardinalLSRP.com or www.cardinalLSRP.com.

At Cardinal Environmental, we have the experience to get you through your remedial situation and provide realistic costs up-front, regardless of the size, or scope.  Additionally, with over two decades in the industry, we have established relationships in the environmental community to get your project on a cost-effective remedial course that meets your long-term goals.

NJDEP Clarifies Remediation Timeframe Extensions Due to COVID-19

The NJDEP has provided further clarification on their April 24, 2020 “Notice of Rule Waiver/Modification/Suspension due to the COVID-19 pandemic and outlined in Governor Murphy’s Executive Order No. 103 (EO 103).  The key detail was how remedial timeframes could have been negatively affected and whether extensions were necessary for responsible parties to maintain compliance.  As presented by the NJDEP, “ …some remediation timeframes identified in N.J.A.C. 7:26C and N.J.A.C. 7:26E, as well as timeframes set forth in an administrative consent order, that have been and will be reached during the period in which EO 103 is in effect will be extended for 90 days.”

For example, if a remedial timeframe were May 1, 2020 it would be extended 90-days to July 30, 2020. The submission of Remedial Timeframe Notification forms are also not required for applicable cases.

Additional links are below:

• https://www.nj.gov/dep/srp/srra/listserv_archives/2020/202006_01_srra.html

• https://www.nj.gov/dep/covid19regulatorycompliance/docs/srp-remedial-timeframes20200424.pdf

• https://www.nj.gov/dep/covid19regulatorycompliance/docs/ao2020-06.pdf

For additional information on Remediation Timeframes affected by COVID-19 please contact tfrancis@cardinalLSRP.com or www.cardinalLSRP.com.

At Cardinal Environmental, we have the experience to get you through your remedial situation and provide realistic costs up-front, regardless of the size, or scope.  Additionally, with over two decades in the industry, we have established relationships in the environmental community to get your project on a cost-effective remedial course that meets your long-term goals.

NJDEP Site Remediation Reform Act (SRRA) 2.0

After ten (10) years, The New Jersey Department of Environmental Protection (NJDEP) has updated the Site Remediation Reform Act (SRRA).  The latest version of SRRA (commonly referred to as “SRRA 2.0”) was signed into law by Governor Murphy on August 23, 2019, after input from many stakeholders in the environmental community.  Several notable changes were addressed including (but not limited to) the role of the Licensed Site Remediation Professional (LSRP) & Due Diligence, and Direct Oversight by the NJDEP.  A brief summary of two (2) updates included in SRRA 2.0 are provided below:

LSRPs & Due Diligence:

Potential property purchasers commonly do not want to involve LSRPs in their Due Diligence (e.g. Phase I Environmental Site Assessments, Preliminary Assessments, etc.) due to legal “reporting” obligations of the LSRP when contamination is observed and/or identified at a site. With SRRA 2.0, potential purchasers do not always have a reporting obligation, including their LSRP. One exception is that LSRPs are still required to notify the NJDEP of an Immediate Environmental Concern (IECs) (e.g. contaminated (potable) water, Vapor Intrusion (VI), etc.), and notify the Person Responsible for Conducting Remediation (PRCR)  in writing. 

An LSRP must be retained when any person initiates a remediation.  For consistency, the term “retained” has replaced the word “hired” throughout SRRA 2.0.  However, does a prospective purchaser of a property need to retain an LSRP for due diligence purposes?  Not necessarily. 

Per SRRA 2.0, an LSRP is not required when collecting media samples (e.g. soil, water, air, etc.) or the investigation is not otherwise required by rule or law (e.g. due diligence, bank refinancing, etc.), conducted to obtain a Response Action Outcome (RAO), or to investigate, clean up or respond to any known, suspected, or threatened discharge of contamination.  However, should laboratory testing results (and/or field observations) confirm the presence of contamination, retention of an LSRP is required to proceed with “remediation” along with notification to the NJDEP by the “owner” or “seller.”

(* “Remediation” or “remediate” is defined  as “… all necessary actions to investigate and clean up or respond to any known, suspected, or threatened discharge of contaminants, including, as necessary, the preliminary assessment, site investigation, remedial investigation, and remedial action, provided, however, that "remediation" or "remediate" shall not include the payment of compensation for damage to, or loss of, natural resources.” [N.J.S.A. 58:10C-2] )

Direct Oversight

The original SRRA (2009), established regulatory and mandatory remediation timeframes for contaminated sites undergoing remediation, and are still applicable today.  Mandatory timeframes are two (2) years after the regulatory timeframes, and if missed, carry large penalties to the PRCR and place the site into NJDEP Direct Oversight.  Once in Direct Oversight, a case manager is assigned by the NJDEP to oversee the remediation going forward.  With SRRA 2.0, there are now exemptions when 1) deadlines are missed due to access/ownership issues and the PRCR made necessary attempts to gain access, and 2) Additional review time(s) by the NJDEP was required for sites under federal oversight resulting in missed timeframes. 

Additionally, modifications to Direct Oversight are possible if 1) there is a public emergency resulting from a natural disaster, 2) if the NJDEP makes a determination that the modification is in the public interest (and protective of public health, and safety of the environment), and 3) if the NJDEP enters into an Administrative Consent Order (ACO) with a prospective purchaser, provided they meet certain requirements.  Failure to comply may prompt the NJDEP to reinstate any or all of the Direct Oversight requirement.

The full act (SRRA 2.0) is provided at: https://www.njleg.state.nj.us/2018/Bills/A9999/5293_R2.PDF

For additional information on SRRA 2.0 and how the changes may affect your site remediation and/or property transaction, please contact tfrancis@cardinalLSRP.com or www.cardinalLSRP.com.

At Cardinal Environmental, we have the experience to get you through your remedial situation and provide realistic costs up-front, regardless of the size, or scope.  Additionally, with over two decades in the industry, we have established relationships in the environmental community to get your project on a cost-effective remedial course that meets your long-term goals. Similarly, because the content of this post should not be construed as legal advice or legal opinion, Cardinal recommends consulting an environmental attorney for any specific legal question(s) you may have.

NJDEP Establishes New Interim Specific Groundwater Quality Standards for PFOAs & PFOs

The NJDEP Site Remediation & Waste Management Program (SRWMP) have established new Interim Specific Groundwater Quality Standards for Perfluorooctanoic acid (PFOA) and Perfluorooctanesulfonic acid (PFOS) at 0.01 micrograms per liter (ug/L) (or 10 parts per trillion-ppt).  If your Site in New Jersey has, or had the potential to store, use, manufacture, dispose, or discharge these contaminants, further evaluation is recommended.  This starts with a Preliminary Assessment (for “Entire Site” Remediation Cases) and potentially a Site Investigation and/or Remediation.  For Licensed Site Remediation Professionals (LSRPs) in NJ, and other environmental consultants, look to have plenty of back-up data or information to justify the use of professional judgment…and the reasons why further evaluation/ assessment was not warranted. 

Further information on this NJDEP update are provided here SRWMP_ implementation of March 13, 2019 Interim Specific GWQS.  Additional resources can be found at the Interstate Technology Regulatory Council (ITRC).   

At Cardinal Environmental, we have the experience to get you through your remedial situation and provide realistic costs up-front, regardless of the size, or scope.  Additionally, with over two decades in the industry, we have established relationships in the environmental community to get your project on a cost-effective remedial course that meets your long-term goals. For further information on how we can assist you with your remedial solutions and/or LSRP services, please don’t hesitate to contact us at tfrancis@cardinalLSRP.com or www.cardinalLSRP.com.

Updated NJDEP Public Notification Requirements

Environmental practitioners and responsible parties in New Jersey take notice as the NJDEP public notification requirements were updated. From the SRP-Site Remediation Reform Act (SRRA) Listserv:

Updated Public Notification Requirements

On August 6, 2018, amendments to the Administrative Requirements for the Remediation of Contaminated Sites (ARRCS) were published in the New Jersey Register. The amendments include changes related to Notification and Public Outreach at N.J.A.C. 7:26C-1.7.

The major change requires public notification within 14 days prior to commencing initial field activities associated with the remedial investigation (previously remedial action). For cases that initiated the remedial investigation prior to August 6, 2018 but have not yet satisfied the public notification requirements, the 14-day public notification is now due. However, for these cases, the Department is allowing the person responsible for conducting the remediation to comply with the public notification rule requirements by June 30, 2019.

The public notification webpage (www.nj.gov/dep/srp/guidance/public_notification/) is being updated to reflect the new requirements. In addition, the Department will add language highlighting the revised public notification requirements to the acknowledgement letter that is issued in response to online submittals of site investigation reports and remedial investigation reports. SRP Site Remediation Reform Act (SRRA) Web site: www.nj.gov/dep/srp/

At Cardinal Environmental, we have the experience to get you through your remedial situation and provide realistic costs up-front, regardless of the size, or scope.  Additionally, with over two decades in the industry, we have established relationships in the environmental community to get your project on a cost-effective remedial course that meets your long-term goals. For further information on how we can assist you with your remedial solutions and/or LSRP services, please don’t hesitate to contact us at tfrancis@cardinalLSRP.com or www.cardinalLSRP.com. 

Compliance with Remedial Timeframes

The May 2016 deadline for many remedial (investigation) cases has recently passed; however, Persons Responsible for Conducting Remediation (PRCRs) should not put the brakes on forward progress.  Ideally, extensions or other methods of communication were taken prior to the specified date to demonstrate to the NJDEP that action is being taken, or that a timeframe was likely to be missed, but wallowing in defeat never served any purpose (on any level). Regulators and consultants alike understand the complexities when investigating and/or remediating a site, but the easiest course of action is simple communication.  Don’t overthink it.  A phone call, an email, snail mail…take some measures to discuss the matter with the folks in Trenton and keep pressing forward. 

The first step in the process is to retain (or continue to work with) an experienced Licensed Site Remediation Professional (LSRP) to direct the remedial efforts, and right the ship.   The ultimate goal is to avoid direct oversight by the NJDEP, maintain control of your site’s remediation, and keep cleanup costs down. 

As the NJDEP likes to stress:

Site Remediation Costs < Site Remediation Costs + Penalties + Legal Fees

At Cardinal Environmental, we have the experience to get you through your remedial situation, regardless of the size, or scope.  Additionally, with over two decades in the industry, we have established relationships in the environmental community (including the NJDEP) to get your project on a cost-effective remedial course that meets your long-term goals. For further information on how we can assist you with LSRP services, and/or environmental solutions, please don’t hesitate to contact us at tfrancis@cardinalLSRP.com or www.cardinalLSRP.com.