Remedial Action Permits and SRP Current Topics. October 7 and 28, 2010

Transcription

1 Remedial Action Permits and SRP Current Topics October 7 and 28, 2010

2 Copies of the slides will be posted

3 Copies of the slides will be posted

4 Quick reference guides are available

5 Handouts - Quick Reference Guides Financial Assurance Remedial action permits Soil quick reference guide not yet available on line Draft provided as handout Remedial action permits Ground Water quick reference guide not yet available on line Draft provided as handout Discharge to ground water permits (permits by rule)

6 What is not available now? New permit related Forms Guidance Quick reference guides List serve message will be sent when this material are posted

7 This Afternoon s s Agenda Permits GIS Kathy Katz & MaryAnne Kuserk Nick Sodano Break Compliance Advisory/Proposed Rules LSRP Document Review Process Tessie Fields Myrna Campion

8 Remediation Funding Source (RFS) and Financial Assurance (FA) Guide Provides a summary of: Who has to establish and maintain RFS/FA When it must be established and terminated Acceptable RFS/FA mechanisms Responsibilities of the LSRP

9 Why did we talk about here and now? Financial assurance is required for remedial action permits that include engineering controls

10 DEED NOTICES Kathleen Katz Site Remediation Program October 2010

11 What topics will I cover? Changes to N.J.A.C. 7:26E-8 Engineering and Institutional Controls, specifically changes to: General requirements (N.J.A.C. 7:26E-8.1) Deed notice requirements (N.J.A.C. 7:26E-8.2) Monitoring, maintenance, and biennial certification and report requirements (N.J.A.C. 7:26E-8.5)

12 Changes to N.J.A.C. 7:26E-8 Engineering and Institutional Controls The changes (filing of deed notice without DEP prior approval) to these regulations apply to: New cases Cases opting in Existing cases old process applies Case manager to review and approve deed notice prior to filing Must use new Remedial Action Protectiveness/Biennial Certification and Report Form No substantive changes in reporting; still must submit: Certification every two years (8.4) A report that includes the information required in 8.5(a) and (b)

13 Changes to N.J.A.C. 7:26E-8.1 General Requirements The deed notice shall be prepared by the remediating party as part of the remedial action The DEP will no longer approve the deed notice document prior to recording The remediating party shall document in the RAW the criteria evaluated to ensure that the remedial action is protective [8.1(c)] Examples were added: Engineering controls, cap or fencing; Ground water containment, ground water pump and treat system or a slurry wall; Recording of a deed notice for landfill remediation DEP s written approval of the removal of the engineering control is no longer required

14 Changes to N.J.A.C. 7:26E-8.2 Deed Notice Requirements Because DEP will not approve the deed notice prior to recording, deed notice requirement shall be documented in the RAW (8.2) including: preparing, recording, providing copies of recorded deed notice a copy of the property owner s consent to record a deed notice, if the remediating party is not the owner of the property Any redevelopment changing the end use of deed noticed/restricted property to a use that is inconsistent with the Deed Notice/DER or conducting additional remediation that requires a new deed notice must hire an LSRP (7:26C-2.4) Eliminates the MOA language

15 Changes to N.J.A.C. 7:26E-8.2 Deed Notice Document Need DEP pre-approval for end uses including child care facility, public, private, or charter school; unless they will implement a presumptive remedy pursuant to the DEP s Presumptive Remedy Guidance remedy_guidance_draft.pdf; Require written notice to the DEP when the property that is the subject of the engineering and institutional controls is transferred;

16 Changes to N.J.A.C. 7:26E-8.2 Deed Notice Document Requires written notice to the DEP within thirty days after a petition has been made for a re-zoning of the property to residential use; Requires the owner and the subsequent owners to notify any person intending to conduct invasive work or excavate within the subject area of the location of contamination and any precautions that must be taken to minimize exposure; and Requires IEC conditions to be addressed pursuant to the Deed Notice or DER and the IEC Guidance uidance.pdf.

17 Classification Exception Area Requirements Mary Anne Kuserk, SRP October, 2010

18 What will I cover? Technical Rules New ground water remedial action requirements New Classification Exception Area (CEA) requirements New CEA/Well Restriction Area Fact Sheet form New Biennial Certification form for GW

19 Changes to Remedial Action Workplan Requirements Remediating parties must now include a monitoring plan in the RAW [N.J.A.C. 7:26E 6.2(a)18] The plan must address Specific ground water RA requirements (6.3), and Monitoring and maintenance needed for biennial certification (8.6)

20 New Requirements for Active Ground Water Remediation Monitoring & performance requirements 6.3(f) Optimize system performance & monitoring program 6.3(g) Post remedial action monitoring plan for concentration rebound after implementation 6.4(f)

21 Major Changes to CEA requirements N.J.A.C. 7:26E - 8.3(b) Must consider Vapor Intrusion (VI) risk Requires better maps Requires a cross section Expanded public notification requirements

22 CEA Ensure Protection from Existing and Future Vapor Intrusion Impacts Table of contaminants Added column for VI ground water screening levels Depth of water table for each well Thickness of clean water lens for each well and on cross section Fate & transport description includes VI Effect of changes in use & conditions on VI Example new construction on previously vacant land

23 New - CEA/WRA Permit Fact Sheet form Old Fact Sheet deleted (Appendix F) Replaced with new form Information & format changed Training version, minor changes needed? Available at CEA application = Form & Exhibits A - G Submit as part of RAW - earlier submittal is encouraged

24 Changes to Monitoring and Maintenance and Biennial Certification Requirements No Monitoring, maintenance or Biennial Cert. required for regional historic fill CEAs No review of NJ Water Supply Master Plan & DEP Bureau of Water Allocation New Well Search requirements & Tools Requires computer search only Submit scaled map with any new wells

25 Changes to Monitoring, Maintenance and Biennial Certification Requirements Address ongoing vapor intrusion risk Additional remediation and/or modification of permit as needed Public notification of biennial certification expanded for off-site plumes

26 More on VI Protectiveness Evaluation and Reporting N.J.A.C. 7:26E- 8.6(b) 8.6(c) Evaluate & Discuss: Need to reevaluate fate & transport? Do property use changes increase VI risk? Need to conduct additional remediation, modify RA, propose revision to CEA or apply for permit modification?

27 Remedial Action Protectiveness Certification and Biennial Report Form is being updated to include all the changes covered today Section J. of instructions list examples of site conditions and property use changes that may increase VI risk. These changes may trigger the need to: Reevaluate fate & transport Investigate vapor intrusion pathway

28 Remedial Action Protectiveness and Biennial Certification Report List of new information Remedial action permit, did pub. notif., pdf & GIS map? IEC source control Checklist to ID GW & indoor air RAs implemented Past, current, future property use Checklist for past & current water use VI risk - F&T/prop. use chng./source cntrl./pub. Notif. Expanded CEA Status CEA & permit term.? Additional Remediation/Monitoring RAR date, plume reeval. F&T, revise gw monitoring or CEA & request RA permit modification on form

29 Questions?

30 REMEDIAL ACTION PERMITS Kathleen Katz Site Remediation Program October 2010

31 What topics will I cover? Overview of Remedial Action Permits Timing of When Permits Will Be Issued Soil Remedial Action Permits Ground Water Remedial Action Permits

32 Remedial Action Permits - Overview Effective 1/15/10, RA permit required whenever an engineering and/or institutional controls are established Permit will be used to ensure the continued protectiveness/effectiveness of the remedial action Permit must be issued before RAO can be issued Permit can be reopened if remedy is found not to be protective Annual Permit Fee

33 Remedial Action Permits - Overview Two Types Soil Ground water Natural attenuation Active (treatment/hydraulic control) GW RA permit not required for CEA due to regional historic fill

34 Remedial Action Permit Statistics 1/15/10 9/15/10 Soil RA Permits 22 received 20 issued (4 for LSRP cases) Average processing time = 5 days GW Natural Attenuation RA Permits 7 received 7 issued (2 for LSRP cases) Average processing time = 8 days

35 Remedial Action Permits - Overview Initial Permit Responsible entity and property owner are co-permittee Permit Modification Any changes to the exhibits in the deed notice Any change in land that will impact and engineering control Changes to the size or extent of the CEA Any increases in contaminant concentrations demonstrated by two rounds of monitoring Documented impacts to nearby receptors Permit Transfer Required when property ownership changes Responsible Entity will always remain on the permit Permit Termination When compliance with soil standards is achieved When 2 consecutive rounds below GWQS (all wells)

36 Financial Assurance - Overview Required whenever an engineering control is being established Covers the future costs to operate, maintain and inspect all engineering controls for the life of the engineering controls (calculated for up to 30 years) Certain entities are exempt from establishing (gov entity; schools; non Spill Act RP who purchased contaminated site prior to 5/7/09; homeowners; small businesses)

37 Financial Assurance - Overview 4 Types: Remediation trust fund agreement Env. insurance policy Line of credit Letter of credit Self-guarantee is not permitted

38 Time Line for Soils where RA Permit Required Submit RAW and Implement RA Install Engineering Controls, if required File Deed Notice Submit Soil RA Permit Soil RAO Issued Conduct Ongoing Monitoring and submit Reports/BC DEP Inspects and Reviews RAW DEP Issues Permit DEP Inspects and Reviews Monitoring Rpts LSRP action items indicated above the line DEP action items indicated below the line

39 Time Line for GW where Natural Attenuation RA Permit Required Submit CEA and RAW for Natural Remediation and Implement RA Ongoing GW Monitoring to Establish Decreasing Trends Submit GW Natural Attenuation RA Permit GW RAO Issued Conduct Ongoing Monitoring and submit Rpts/BC DEP Inspects and Reviews RAW DEP Establishes CEA DEP Issues Permit DEP Inspects and Reviews Monitoring Rpts LSRP action items indicated above the line DEP action items indicated below the line

40 Time Line for GW where Active Remediation RA Permit Required Submit CEA and RAW for Active Remediation and Implement RA Install system Operate System to demonstrate effectiveness Submit GW Active Remediation RA Permit GW RAO Issued Conduct Ongoing Monitoring and submit Rpts/BC DEP Inspects and Reviews RAW DEP Establishes CEA DEP Issues Permit DEP Inspects and Reviews Monitoring Rpts LSRP action items indicated above the line DEP action items indicated below the line

41 Existing Cases RA Permit Time Line Existing cases that have previously received NFA letter from DEP with deed notice or CEA: Continue to submit Biennial Certification Report with $375 fee Will be converting to a RA Permit after May 2012 when ARRCS Rule is finalized Existing Cases that are in the process of getting NFA from DEP: No Soil RA Permit required if deed notice was filed prior to 1/15/10 No GW RA Permit required if NFA w/ CEA submitted prior to 1/15/10 or CEA previously established

42 Soil Remedial Action Permits Required prior to a RAO being issued when a deed notice is required Engineering control, if required, and recording of the deed notice is required before permit can be obtained Following needs to be submitted: Completed Soil Remediation Application Form with fee ($550) Copy of the deed notice stamped as being recorded Submittal of financial assurance instrument, if engineering control is needed

43 Soil Remedial Action Permits Monitoring and Reporting Schedule Frequency based on type of engineering control and distance to sensitive populations At a minimum, annual monitoring is required and submittal of biennial reports

44 Soil Remedial Action Permits Specific Conditions of the Permit: Compliance with all maintenance, monitoring and evaluation requirements Submission of Biennial Certification Reports (note now annual permit fee and no longer the $375 Biennial Certification report fee) Compliance with all other conditions that the DEP includes in the soil remedial action permit (i.e., methane gas monitoring)

45 Ground Water Remedial Action Permits Natural Attenuation GW RA Permits Issued when ground water is ready to receive RAO and a CEA is required Require 8 rounds of quarterly ground water sampling indicating decreasing trend or meet requirements of Appendix 2 of the RAO Guidance Source material has been removed, treated or contained

46 Ground Water Remedial Action Permits Active Remediation GW RA Permits for Active Treatment or Control Systems Issued when active ground water remediation is being conducted to remove mass and/or maintain hydraulic control (SVE/AS, P&T etc) Design and construct system and obtain all permits Operate system to demonstrate it is operational and functional, meeting the goals of the remediation (takes about 1 year) Source material is being removed, treated or contained Requires financial assurance and deed notice

47 GW Remedial Action Permits Monitoring and Reporting Schedule Frequency based on type of remediation and distance to receptors (potable wells, structures) At a minimum, biennial monitoring is required and submittal of biennial reports

48 Ground Water Remedial Action Permits Following needs to be submitted: Completed GW Remediation Application Form (includes documentation that the remedy is working) with fee ($750) GW monitoring plan with a schedule designed to evaluate the effectiveness of the remedial action (excel spreadsheet) CEA/WRA Permit Fact Sheet Form. CEA needs to be established or revised, if necessary, before permit can be issued Submittal of financial assurance instrument, if engineering control is needed

49 Ground Water Remedial Action Permits Specific Conditions of Permit: Compliance with all GW monitoring, evaluation and reporting requirements Compliance with all well restrictions associated with each CEA Submission of Biennial Certification Reports (note now annual permit fee and no longer the $375 Biennial Certification report fee) Compliance with all other conditions that the DEP includes in the GW remedial action permit (ie subslab depressurization, POET)

50 Where to go for more information: Visit the SRP website: www. nj.gov/dep/srp Refer to the NJDEP Remedial Action Permits for Soils Guidance Document Refer to the NJDEP Remedial Action Permits for Ground Water Guidance Document (currently under revision) Coming soon: Soil Remedial Action Permit Quick Reference Guide Ground Water Remedial Action Permit Quick Reference Guide Contact: (609)

51 NJPDES Discharge to Ground Water Permit and On-scene Coordinator Process for SRP and LSRPs Mary Anne Kuserk October, 2010

52 Today s Goal Discharge to Ground Water and On-Scene Coordinator (Discharge to Surface Water) Approval Process Explain changes to Tech Regs regarding DGW and DSW Approvals now and under the LSRP Process

53 DGW Permits For existing cases: Permit process has not changed Case Team will still issue the DGW permit For new cases, cases that have opted in and UHOT cases: Bureau of Ground Water Pollution Assessment will issue the DGW permit

54 DGW Permits Technical aspects of the process have not changed Permit must be issued prior to discharging Existing guidance documents are still valid and will be used for technical aspects of the permit process

55 NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION NJPDES DISCHARGES TO GROUND WATER TECHNICAL MANUAL FOR THE SITE REMEDIATION PROGRAM June

56 So what did change (DGW)? Changes to the Technical Regulations The DGW permit provisions moved to Subchapter 7 (N.J.A.C. 7:26E-7.2) The RP/LSRP must submit a DGW Proposal to the Department for review The Department will review and issue a permit authorization letter

57 DGW Changes For LSRP cases the DGW proposal is a stand alone document Proposal should include all information outlined in 7.2(b) For LSRP cases submit DGW proposal at the same time as the RI or RAW For existing cases submit DGW proposal at the same time as the RIW or RAW Should be submitted with the form (coming soon!) and the fee ($350 for new cases only)

58 DGW Changes Public Notice Provisions Exemptions: Unregulated Tanks ALL discharges for less than 180 day duration

59 DGW Public Notice Provisions For discharges lasting greater than 180 days: A Public Notice is required RP/LSRP submits draft public notice Model found in Appendix H of the Tech Regs. After DEP review: The notice is published in local newspapers Copies sent to local officials (N.J.A.C. 7:26E-7.2(c)) Process includes a 30 day comment period

60 DGW Changes For UHOT and LSRP cases Monitoring for DGW permit is submitted with the RI or RA Report For existing cases Monitoring for DGW permit is submitted with Progress Reports

61 DGW Submittal Requirements Proposal must include: Discharge characteristics (type, volume, chemical concentration) Applicable GWQS requirements (permit limits, CEAs) Design of system (where and how discharge will occur) Monitoring plan & reporting requirements Must include monitoring downgradient of the discharge Draft newspaper public notice (if discharge > 180 days)

62 DSW Proposals On-Scene Coordinator Approval Limited to unregulated heating oil tank (UHOT) cases Continue to be issued by the BFO staff

63 OSC-DSW Proposal Before a OSC-DSW Proposal will be considered, all other discharge options must be explored including: Removal and Disposal of impacted gw offsite. Discharge to the municipal sanitary sewer Reinjection to groundwater

64 OSC-DSW Proposals The proposals must include: Location of the discharge The volume of water to be discharged The duration of the discharge A topographic map showing the location of the site, the water body the discharge will affect along with the Surface Water Classification pursuant to N.J.A.C. 7:9C, and into what water body it flows. A map detailing the system and the discharge location A monitoring plan

65 OSC- DSW Proposals OSC-DGW approvals are not given for Pinelands cases.

66 Questions?

67 GIS Submissions Nick Sodano, SRP Bureau of Information Systems and Program Support GIS Unit LSRPs, 10/7/2010

68 REQUIRED TYPES OF GIS TYPE CITATION STATUS CEAs: 7:26E-8.3(b)3 Revised DER: 7:26E-8.2(d)2 Old RECEPTOR: 7:26E-1.17 New IECs: 7:26E-1.15(c)5 New

69 Receptor Search Background Information

70 Well Location Data Sources 718,500 Permits ; 400,000 Records ATLAS GRID CELL ADRESS MATCH TAX PARCEL MATCH DRILLER S SKETCH ATLAS GRID DRAWING (SCAN & RECOMPILE)

71 ATLAS GRID: Comprises majority of NJDEP s Legacy Well Location Data Most potable well locations are at Atlas Grid Centroid or Vertices. Some have an obviously wrong appearance (in the river or woods) and some seem plausible.

72 Driller Sketch Well location coordinates vary by about 1,200 feet depending on selected Coordinate Method.

73 WELL DATA VARIABILITY: Location Data (aka: Coordinate Method ) ) makes a difference in accuracy of well threat assessment.

74 Receptor Search SUGGESTED APPROACH

75 RECEPTOR EVALUATIONS At NJDEP s Forms Page, Get the preadsheet

76 RECEPTOR EVALUATIONS Get NJDEP s GIS Downloads at:

77 On-Line Well Search Use the Water Supply tool Find Wells By X and Y state plane coordinates at:

78 How to Use the On-Line Search On the web page, you find a series of fields to fill in to get a list of wells. The fields look like <<<<<THIS In order to get the data for those fields, we have created a Exel Spreadsheet tool that provides the needed coordinates. to get a copy.

79 What Does the noted Water Supply On-Line Search Provide? Report based on all well PERMITS in area. Coordinates reported in NAD 83 State Plane feet. (This data can be copied into Receptor Spreadsheet) Wells drilled after 7/1/08, GPS coordinates (now found on Well Record) Wells permitted prior to 7/1/08 have Atlas Grid centroid or vertex (originally found on Well Permit)

80 Example of On-line Report Report ALL Potable & Irrigation well types. Many of these have Atlas Grid coordinates Don t Report these

81 Suggested GIS Procedure 1. Select appropriate wells from Report. Copy to a blank Excel worksheet, change X and Y fields in the blank worksheet to number field, then copy that data to the Receptor Spreadsheet, then display the Receptor Spreadsheet X & Y in GIS. 2. Display downloaded GIS layers noted previously 3. Draw 1,000 foot radius circle around coordinates used to produce the search (ie, site coordinates). This circle shows Atlas Grids within 1,000 feet. REMEMBER: Atlas Grid Coordinates give you in the ball park coordinate accuracy.

82 Narrowing Your Search: Selecting which Atlas Grid Well needs a more refined Coordinate method. In unconsolidated aquifer where GW Flow Direction is Unknown or in bedrock aquifers Best Case: 4 Atlas Grids Worst Case: 9 Atlas Grids

83 Where GW Flow Direction is known How does the inaccuracy of Atlas Grid affect Well Search Workload? Refine your search in the 4 Grid Cells as shown.

84 Where Do You Get The Data to Refine the Coordinates? The Data Available on Well Permits all have Accuracy Issues Atlas Grid (Centroid) Address Match Parcel Centroid Match Driller s Drawing Scan & Recompile Grid Map

85 CEAs and Significance of Enterprise Level Data

86 CEAs: GIS Analysis Can Yield Quick Critical Information Across Multiple Databases

87 Summary: CEA Changes Extent, Depth, Contaminants Old Plume Centerline NEW Highest Concentration Locations NEW Clean Water Lens NEW Wells Locations including Sentinel NEW AOC Source location and NAICS NEW

88 How Will DEP Collect This Data? AOC Polygon Plume Centerline CEA Polygon Points Data: Depict well types, plume centerline, clean water lens, contamination depth, plume width, highest Concentrations & other info Polygon Data: Depict Plume shape and extent AND Source AOC shape, extent and NAICS. Wells or other points

89 CEA Points Collected as Spreadsheet Well Types X,Y Permit # Depth of Static Water, Contamination, Clean lens Defined Fields

90 A Devil in the Details CEA Spreadsheet Limitations GIS does not reflect all case facts that determined how a CEA was defined. For instance, based on the level of threat posed by a site, and for reasons of poor site access a CEA may be based on a relatively small amount of sampling points and therefore defined as the tax lot. While the spreadsheet may not capture all the facts, it is expected that it will provide significantly better illumination of the basis for a CEA.

91 Filling Out the Spreadsheet If the wells which represent the greatest width look like this Then the Spreadsheet which represent those wells should look like this

92 Administrative Procedures Format and Delivery The GIS unit has worked with consultants on GIS delivery process that works for all concerned. What follows is a summary of how that process works.

93 Administrative 1. Delivery : Only srpgis@dep.state.nj.us map to SRP s GIS unit. NEW PROCEDURE: GIS compatibility is evaluated. If compliant, Case Manager/LSRP notified by with map image attached. GIS not officially mapped until the Case Manager/LSRP creates an NJEMS approval (such as CEA subject item). If Case manager/lsrp indicates the image is not correct, it will not be mapped until it is corrected.

94 Submission Guidance: 2. Format (example for CEA) subject line: Program Interest number; and The words CEA Body of provide only: Name of company making submission including: The name, address and phone number of the professional who prepared the submission; Site name as it is known to the Department; and Street address for the site, municipality and county Spreadsheet attachment file name: Name it for Program Interest number, submission date and CEA Example: If the DEP Program Interest No.: and Date of Submittal is May 13, 2010, then the Proper spreadsheet file name is: _051310CEA

95 Where to go next: Visit SRP web pages: Check back for updates! (check back for updated Well Search, CEA & IEC spreadsheets!) Contact: dep.state.nj.us (609)

96 LSRP Responsibilities Review GIS submissions for accuracy Notify SRP-GIS if changes occur to CEA or DER Currently, NJDEP maintains the New Jersey Environmental Managment System (NJEMS) to which all GIS is linked. FUTURE: Log in and complete NJEMS fields

97 Accessing GIS Services Bureau of Information Services and Program Support us: dep.state.nj.us

98 Time Frame Rule Proposal and Compliance Advisory Tessie Fields Office of Community Relations

99 Rule proposal Published in the October 4, 2010 NJR Posted on SRP webpage Proposed changes to time frames and vapor intrusion in the: ARRCS Rules Technical Rules

100 Compliance Advisory Posted on October 4, 2010 DEP Enforcement webpage SRP Listserv message SRP Web page companion materials 1. Advises of rule proposal - Invites public comment during 60 day public comment period 2. States enforcement discretion will be used when enforcing provisions proposed for change

101 What changes are proposed? Proposal to extend time frames: Select regulatory time frames (Tech Rules) All mandatory time frames (ARRCS Rules)

102 Proposed regulatory and mandatory time frame changes LANPL recovery system report IEC source control report Initial receptor evaluation report Complete PA/SI report (ISRA) or SI report for UST

103 Proposed regulatory and mandatory time frame changes Regulatory time frames Changed from 9 months to 1 year Mandatory time frames Changed from 1 year to 2 years

104 When will the Department Use Enforcement Discretion? Rule Enforcement Rule Proposal Discretion Adoption Oct Feb

105 When will the Department Use Enforcement Discretion? Department will use its enforcement discretion only when remediating party is making a good faith effort to comply with remediation requirements. Any enforcement action would be based on existing rule requirements

106 Summary of Time Frames Available on the SRP Training and Tools Page Training handout

107 What changes are proposed for Vapor Intrusion? Changes conditions that constitute IEC for vapor intrusion (VI) Changes VI-IEC reporting time frames from 5 to 14 days Establishes a new category of VI cases (Vapor Concern) Establishes requirements and time frames for Vapor Concern cases

108 What changes are proposed for Vapor Intrusion? Vapor Intrusion IEC = indoor air levels that exceed the VI Rapid Action Levels (RAL) All existing IEC requirements apply

109 Establishes a new category of cases Vapor Concern Vapor concern = indoor air levels that exceed the VI screening level but do not exceed VI rapid action levels VI Screening Levels < Vapor Concern > VI Rapid Action

110 Vapor Concern Case Requirements Receptor evaluation and control required Additional 60 days provided Source control VI condition handled under remedial action for the site

111 (609) (609)

112 Review and Inspection of LSRP Program Submissions Myrna Campion Unit Supervisor

113 What am I going to cover? Technical review process Technical consultation and feed back Results of review Common problems

114 Technical process Technical submissions for LSRP go to Myrna Campion (exceptions? Permit applications RAOs only?) Brief review? And assignment to reviewer? Forms are inspected for: Completeness Apparent technical compliance Determine if technical review is needed Determine what level of review is needed

115 Technical review Form complete Report (RAO) submitted Remediation (remedial phase) complete Remediation (remedial phase) is protective of human health and the environment All necessary data and information is included to support the RAO (or other remedial phase?)

116 Results of technical review Phone call for clarification Submission of additional data or information Meeting with the LSRP Is additional investigation/remediation required?

117 Results of technical review RAO is determined to be in compliance Amend the RAO (minor issues) Withdraw the RAO pending additional investigation/remediation Data and information submitted does not support RAO When determined remediation is not protective of human health and the environment

118 Common Issues with RAOs RAO issued with no reference to: Program Interest Number Case Tracking Number Child Care License Number RAO shell document language altered Building Interior RAO insert language not used Remedial Action Type incorrect: Examples: Unrestricted Use Remedial Action for a site with a CEA Entire Site Unrestricted Use Remedial Action for an Area of Concern RAO

119 Common Issues with RAOs RAO was issued when soil sample results exceeded the IGW screening levels and a groundwater investigation was not performed Misapplication of Order of Magnitude Analysis

120 Common Issues with RAOs ISRA Remediation In Progress Waivers RAO issued does not reflect the discharge history of the applicant A RAO cannot be issued for a new triggering event at an ISRA site undergoing cleanup if contamination remains (even when the PA/SI shows no new discharges during last ownership or operation) The Department will issue a Remediation in Progress Waiver to close the second ISRA case (A RAO cannot be issued by a LSRP)

121 (609) (609)