July 2019 Newsletter

July 31, 2019

Author:

Dear Reader,

Boy it’s been hot. Real hot! Unbearably HOT!! Seriously, we all need to be extremely careful in the heat we've been experiencing this month. The young, old, and infirm are especially susceptible to the heat. What sometimes is worse is those of us who think we can handle it and go about our normal routine only to find themselves in potentially serious trouble (speaking from experience). August will produce more extreme heat.

Understand the signs/symptoms of heat exhaustion, heat stress, and heat stroke. The following link is from the Centers for Disease Control and Prevention.

https://www.cdc.gov/disasters/extremeheat/warning.html

Bob Jackson, Managing Director


Regulatory News

US EPA

The US EPA has developed a new mobile app to determine potential algal blooms that may be indicative of high bacterial counts. The app is called CyAN and is available on the google play store. For over 2,000 of the largest lakes and reservoirs in the country, the app uses color change in the water body surface to alert users of the potentially harmful bloom. Recently Greenwood Lake which is located between New York and New Jersey was closed to swimming due to the algal bloom.

The app was developed in partnership with National Aeronautics and Space Administration (NASA), the National Oceanic and Atmospheric Administration (NOAA), and the United State Geologic Survey (USGS).

New York

The regulators in New York have been busy over the last few months with proposed regulations. New York recently passed a Climate Change Plan that has been characterized by the New York Times as, "one of the world's most ambitious". It calls for 70% of the state's electricity to come from renewable sources by the year 2030 and 100% to come from carbon-free sources by 2040. The state is to become carbon neutral by 2050. Many options being looked at included offshore wind turbines.

The New York State Department of Health has formally recommended new drinking water standards for 1,4-dioxane, PFOS, and PFOA. The standards are 1 part per billion (ppb) for the 1,4-dioxane and 1 part per trillion (ppt) for PFOS and PFOA. Some water providers have suggested that this will double the user rates because of the treatment costs for their water supply.

Bob Jackson/Equity


Environmental Cleanup Lessons Learned

Technical changes to the 10-year-old Site Remediation Reform Act (SRRA) incorporate many lessons learned since the law was originally enacted, industry insiders said last week, as a bill that would update the program now awaits a decision by Gov. Phil Murphy.

"The process of amending SRRA has been going on since 2017, and it involved many discussions, both heated and productive," said Susan Karp of Karp Environmental Law, who moderated a panel discussion hosted by NAIOP New Jersey. "We focused on what we could do collectively," said Dennis Toft, chair of the environmental group at law firm Chiesa Shahinian & Giantomasi PC, speaking during NAIOP's annual Regulatory, Legislative & Legal Update at the New Jersey Law Center in New Brunswick. 

The changes, included in bills S3862 and A5293, are now awaiting Murphy's signature after being passed overwhelmingly by both houses of the state Legislature. Discussions on other changes sought by developers will continue as part of the regulatory process, Toft said.

The amendment process was a chance to incorporate lessons learned, said Mark J. Pedersen, assistant commissioner of the state Department of Environmental Protection. "We looked at 10 years of implementing this new paradigm," he said. "What did we miss? What did we make a mistake on? At the end of the day, it's got to be protective to human health and the environment."

Technical changes in the legislation, which is sometimes referred to as SRRA 2.0, include:

  • The responsibility of property owners to obtain environmental remediation work plans from Licensed Site Remediation Professionals, or LSRPs, and the option for them to designate an LSRP to respond to public inquiries about the remediation
  • Making clear that property owners need to retain the services of an LSRP for the life of their environmental remediation permit, but do not need to have an LSRP on their company payroll,
  • That LSRPs may not employ non-LSRPs to perform the remediation work unless an LSRP supervises it
  • The types of documents that need to be supplied to municipalities regarding a site remediation project, and when public notices need to be given
  • Making a distinction between written notice to the public and signage on a property
  • Permitting an exemption from environmental remediation for unoccupied buildings that are going to be demolished

"I think LSRPs have more obligation on them and accountability individually than any environmental professional in the state ever did," Pedersen said. He recalled a meeting with single-practitioner LSRPs at which one woman admitted to him that she didn't sleep well because "I'm accountable for everything that I do."

"To me that speaks volumes to the integrity of the individuals who are licensed and how they take their jobs seriously," he said.

The legislation also requires the DEP to "encourage the use of green and sustainable practices during the remediation of a contaminated site," he added, but not if those practices would "alter the requirement that the remediation be protective of the public health and safety and of the environment."

By Steve Lubetkin (paraphrased), Real Estate NJ, July 18, 2019


Site Remediation and Waste Management Program's "Evaluation of Extractable Petroleum Hydrocarbons (EPH) in Soil Technical Guidance"

The New Jersey Department of Environmental protection (NJDEP) has announced the availability of new technical guidance for Extractable Petroleum Hydrocarbons (EPH). The new document is the NJDEP "Evaluation of Extractable Petroleum Hydrocarbons in Soil Technical Guidance" (Version 1.0, June 2019).

The new technical guidance supersedes the previous "Protocol for Addressing Extractable Petroleum Hydrocarbons" (Version 5.0, August 2010). The new technical guidance provides direction regarding the evaluation of EPH soil sampling data obtained for all phases of soil investigation and remediation, including site investigation, remedial investigation, and remedial action. The guidance applies to sites with petroleum discharges pursuant to the Technical Requirements for Site Remediation, N.J.A.C. 7:26E.

The primary differences between the new EPH technical guidance and the August 2010 EPH Protocol include the addition of six EPH-applicable petroleum products to Table 2-1 of N.J.A.C. 7:26E-2.1 which post-dated the 2010 protocol. The EPH Technical guidance has also added an equation and spreadsheet calculator to calculate Area of Concern (AOC)-specific EPH alternative product limit concentrations, as well establishing that the default product limit of 8,000 milligrams per kilogram (mg/kg) EPH typically associated with Category 1 EPH is now designated to some category-2 petroleum products.

The EPH Technical guidance establishes an EPH ceiling concentration of 30,000 mg/kg, and also includes compliance averaging options for the ingestion-dermal exposure pathway for category-1 EPH residential and non-residential soil remediation criteria. Finally, the EPH technical guidance has updated the calculator spreadsheet to exclusively calculate EPH category-2 sample-specific soil remediation criteria for residential and nonresidential land use endpoints (the calculator no longer compares to the EPH product limit).

The new guidance revises the methodologies for evaluating the impact of EPH in soils at remediation sites, and it is important to stay abreast of the current regulations, policies, and guidance when addressing remediation sites in order to efficiently and cost-effectively address and close out cases.


Equity Citation

Equity Environmental Engineering LLC,  has earned the Citation of Merit Certificate for achievement in the prevention of occupational injuries during the 2018 calendar year from the New Jersey Department of Labor and Workforce Development.


Events

Equity staff have attended or will be attending the following events:

  • Gene Bove - MACURISA - 6/6
  • Faron Moser, Peter Jaran - SAME NJ Post USCG Sandy Hook Tour - 6/13
  • Bob Jackson - NJIT PTAC 6/30
  • Kevin Williams/Gene Bove - 7/8 - 7/12 ESRI Conference, San Diego, CA
  • Bob Jackson - 7/31 - EBC Meeting

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