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On August 15, 2011, the Department of Environmental Protection (DEP) will publish in the New Jersey Register a proposal rules that represent the final step in the implementation of the Site Remediation Reform Act (SRRA) of 2009. SRRA completely overhauls the way environmental investigations and remediations are conducted in New Jersey and introduced the Licensed Site Remediation Professional (LSRP) program.

The proposed final rule package is a major milestone because it completes the transformation of the site remediation process from one of Department command-and-control to one that allows for decision-making to be placed in the hands of the remediating party. Under this program, remediating parties must conduct their environmental investigations and cleanups under the direction of highly qualified environmental consultants known as LSRPs, who are responsible for overseeing remediations in accordance with DEP regulations.

LSRPs are responsible for making the day-to-day decisions regarding the remediation of sites, including determining when the cleanup is completed. Decisions are to be based on DEP regulations and guidance documents. The DEP maintains oversight of remediations and reviews documents submitted by responsible parties and their LSRPs. However, the party responsible for cleaning up the site and the LSRP are allowed to continue with the remediation without waiting for DEP approval. This will lead to more sites being cleaned up more quickly.

With unprecedented input from internal and external stakeholders, the Department has worked to transform the rules that are to be followed when cleaning up a site, from an overly prescriptive cookbook that details every aspect of a cleanup to a more performance-based set of rules. The proposed new Technical Requirements continue to ensure that remediation is conducted in such a way that the results are protective of human health and the environment, while allowing the party responsible for cleaning up the site and the LSRP flexibility in addressing the different types of sites, contaminants, potential exposure pathways, and geographic settings within the State. To compliment the proposed Technical Requirements, the Department is producing multiple guidance documents; these guidance documents were created by both Department staff and external stakeholders.

Although the final rule proposal is lengthy, the summary of the proposed amendments and new rules is relatively short, and includes headers and summary tables that are designed to serve as road maps by which to compare the existing rules with the proposed new rules.

A public hearing will be held on September 13, 2011 at 9:00 in the Public Hearing Room at the DEP Headquarters Building at 401 East State Street, Trenton, NJ 08625. Comments may be submitted to the Department until October 14, 2011. The full proposal may be viewed at https://www.nj.gov/dep/rules/notices.html and https://www.nj.gov/dep/srp/. The Department anticipates adopting the final rule package by May 2012.

SRP Site Remediation Reform Act (SRRA) Web site: https://www.nj.gov/dep/srp/srra/