New Help for Child Care Center Permitting in NJ

NJDEP LogoThe NJDEP announced today the launch of an updated website for child care and educational facilities to clear up confusion on the environmental compliance requirements for sites subject to the “Madden Legislation”  P.L. 2007, Chapter 1. The site provides useful links and guidance to assist you with navigating through this multi-agency regulatory process.

In our experience, REPSG recommends that a new applicant allow up to three (3) months to address the environmental compliance steps. The first step is to hire a licensed site remediation professional (LSRP) to prepare a Preliminary Assessment Report (PAR). If a prior Phase I Environmental Site Assessment is available this is helpful, but it does not replace the PAR. The LSRP will review the site history and identify potential on-site and off-site sources of contamination and advise you through the next steps in the process. The selection of a qualified LSRP with specific child care permitting experience is vital to the success of the project.

If you are about to embark on your child care center new application, three year renewal or are constructing an educational facility please contact me at cdrake@repsg.com so that I can assist you with your process. Grants are available through the HSDRF. Ask me how!

Do New Vapor Rules in NJ Affect Your Project?

NJDEP LogoToday, January 17, 2013: NJDEP published major changes to guidance and standards pertaining to Vapor Intrusion. Vapor Intrusion is defined as the migration of volatile chemicals from the subsurface into overlying buildings through subsurface soils or preferential pathways (such as underground utilities). This pathway has been the driver for many off-site investigations, public notifications and costly indoor air testing since the NJDEP’s initial guidance came out in 2007.

Just released on the NJDEP’s Vapor Intrusion web page is the revised Vapor Intrusion Technical Guidance document and updates to the 2007 Vapor Intrusion Screening Levels (VISL). Finally, the web page also features Johnson & Ettinger (J&E) Model spreadsheets that were updated to reflect toxicity changes in the new VISL.

Here are just some of the changes:
Naphthalene and 2-methylnaphthalene have been added to the VISL tables. At this time, the laboratory capacity to analyze naphthalene and 2-methylnaphthalene using the preferred USEPA Method TO-17 is limited (only one certified laboratory). Therefore, the Department will not require the collection and analysis of naphthalene and 2-methylnaphthalene until July 16, 2013.

A factor of 10 has been incorporated into the calculation of the health-based ground water screening values for additional petroleum related contaminants (not reflected in the March 2007 tables) to account for degradation of the contaminants in the unsaturated zone. The additional petroleum related contaminants include: 1, 3-butadiene; cyclohexane; n-hexane; 2-methylnaphthalene; naphthalene; and styrene.

Five contaminants have been eliminated from the VISL tables due to the absence of inhalation toxicity information. These chemicals include: 1, 3-dichlorobenzene; 1, 2- dichloroethene (cis); 1, 2- dichloroethene (total); 2-chlorotoluene; and tertiary butyl alcohol (TBA).

Changes to many previously regulated compounds, including increases in groundwater screening levels for tetrachloroethylene (aka PCE) (up to 31 ug/l from a prior standard of 1 ug/l) and trichloroethylene (TCE) (up to 2 ug/l from a prior standard of 1 ug/l) for example, were also made.

Consult your LSRP regarding how these changes affect your project, or feel free to contact REPSG directly at info@repsg.com.

Stop Chasing Contamination: DEP Implements Compliance Averaging Guidance

NJDEP SRP LogoOn September 24, 2012 the NJDEP finalized the Technical Guidance for the Attainment of Remediation Standards and Site-Specific Criteria. The new Guidance provides helpful information for applying appropriate remediation criteria and determining compliance. However, the standout piece of information is that compliance averaging, like the use of 95 percent upper confidence limit of the mean (95 UCL) and 75%/10x, can now apply to Sites in New Jersey. These compliance options have been accepted by the PADEP for years, and REPSG has applied these statistical strategies at many Sites in Pennsylvania.

HOW DOES THIS IMPACT YOUR NEW JERSEY REMEDIATION?

75%/10x is a useful statistical analysis strategy for remediation involving point-source impacts, like underground storage tanks or small spills. As long as the specified number of samples is collected and the analytical results of 75% of those samples are compliant with the remediation standard, the soils under investigation are in compliance. This approach can eliminate the need to chase low-level contamination that can sometimes persist after the removal of a heating oil tank; for example, in the case of benzo(a)pyrene and number 4 fuel oil.

95 UCL is another helpful statistical analysis strategy that can now be utilized at Sites in NJ. This method identifies uniform contamination and estimates the average concentration at the 95 UCL. If the average concentration is below the remediation standard, the associated soils are compliant; even some samples within the dataset have concentrations above the remediation standard.

Do you think that compliance averaging could help speed up remediation at your Site? REPSG can apply our statistical experience to your New Jersey projects. Leave a comment below or please feel free to contact me at jcutright@repsg.com.

UPDATE: NJDEP Remedial Priority Scoring

We have another update on our previous post on the NJDEP’s Remedial Priority Scoring System.  The NJDEP has, again, extended the deadline for submission of data on the RPS Feedback Form. The new submission deadline is September 30, 2012. This provides Persons Responsible for Conducting Remediation and associated LSRPs with more time to update Site information that could impact the RPS score.

If you have any questions, feel free to post them in the comments section below or email me at jcutright@repsg.com.

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Original Update: 7/19/12

NJDEP LogoWe have an update on our previous post on the NJDEP’s Remedial Priority Scoring System.  The NJDEP has extended the deadline for submission of data on the RPS Feedback Form to August 31, 2012. This provides more time to update the X and Y Site coordinates, extent areas for soil and groundwater, pathway information, and missing or rejected Electronic Data Deliverables (EDDs).

If you have any questions, feel free to post them in the comments section below or email me at jcutright@repsg.com.

 

NJDEP Remedial Priority Scoring

NJDEP Remedial Priority Scoring System – What You Need to Know.

You might be reading this post because you just received a letter from the New Jersey Department of Environmental Protection (NJDEP) letting you know that you have been identified as the responsible person for conducting a remediation and that the NJDEP will be ranking your project using the Remedial Priority Scoring (RPS) System. This is not a cause for alarm and you are not alone. This system will be used to rankNew Jersey’s approximately 12,000 sites and the scores will be made public via the NJDEP’s website. Buyers, lenders and insurers can be expected to review a property’s score before proceeding with a transaction. As a result, the accuracy of a property’s score is of paramount importance.

What is New Jersey’s new Remedial Priority Scoring (RPS) System?

RPS is a computerized model that is designed to help the NJDEP categorize contaminated sites based on potential risk to public health, safety or the environment. Once the RPS Score is determined it is catalogued for relative ranking with sites with similar scores and placed into Categories 1 through 5. Category 1 represents the lowest score and thus the least potential risk through Category 5 which represents the highest score and thus the greatest potential risk. It should be noted that the information used by NJDEP will be derived solely from electronic databases maintained by NJDEP, based on reviews of already received letters, this creates the potential for erroneous assessments as these databases may not contain the most accurate and current information. Steps should be taken to make sure your site has the correct score.

What Should You Do If You Have Received a Letter from NJDEP on your Remedial Priority Ranking?

If you have received a letter from the NJDEP regarding your ranking it is important that you work quickly with your LSRP to make sure the information is accurate. You have until August 10, 2012 to utilize an online feedback loop in order to have your ranking recalculated.

If you have not already retained an LSRP for your Site or are unfamiliar with the LSRP program, a Licensed Site Remediation Professional (LSRP) is now required to be retained to insure that remediation is being conducted according to NJDEP requirements. An LSRP is licensed by the State ofNew Jerseyand is required to adhere to strict guidelines to insure that remediation is completed with environmental, ecological and human receptors in mind. Once retained, in addition to insuring an adequate and efficient remediation from start to finish, an LSRP can provide detailed reviews of remediation that has already begun before moving it forward to completion. It is in this capacity that an LSRP can be tremendously useful in identifying errors in the RPS score.

Have you received a letter from NJDEP on your Remedial Priority Ranking? What’s been your experience been with the process? I would love to hear from you. If you have further questions about how to handle this process, feel free to post them in the comments section below or email me at jcutright@repsg.com.