By Sue Boyle and Rodger A. Ferguson, Jr., LSRP

If you look around, you will see New Jersey has come a long way to reclaim once forgotten properties that held the skeletons of an industrial past.

In fact, many of the most complex, largest and most contaminated sites, once considered too complicated or expensive to consider, are now available for redevelopment. This year, New Jersey passed 12,000 environmental cleanups completed under the Site Remediation Reform Act (SRRA) of 2009 and the submission of more than 46,000 reports to document the work.

There are a lot of people to thank for the achievement, including the builders and developers with the vision to take on the projects.

But a great deal of the success must go to the SRRA itself, now in its 10th year. A landmark law, which came at a time when environmental cleanups needed a boost, the SRRA created timeframes for environmental remediation and the Licensed Site Remediation Professional (LSRP) program to guide responsible parties and others through the process. Nearly all, with some exceptions, are required to use LSRPs to guide them through the process.

LSRPs are now an integral part of New Jersey’s environmental remediation process and an invaluable resource to both responsible parties and developers. LSRPs know how to work on redevelopment and remedial needs at the same time – keeping projects on track to meet the timeframes of federal, state and local environmental protection agencies as well as the business people and local governments seeking to bring properties back to productive use.

Before the SRRA, New Jersey identified 26,000 sites in need of remediation and most were on a waiting list for action by the New Jersey Department of Environmental Protection (NJDEP). Now, with even with more sites being added every year, that list has been cut nearly in half.

In fact, there are more contaminated sites actively being worked on today than ever before because of the LSRP program, the NJDEP’s hard work, developers and the SRRA. These sites are in every area of the state and are being cleaned faster than ever before with no loss in the quality of the remediation or protections to human health and the environment.

One way to look at the success is the rate of projects completed each year. There has been a dramatic rise in Response Action Outcomes, or RAOs, which is the term for the completion of a remediation project and the equivalent of what was once known as a No Further Action.

Since 2012, when the LSRP program was fully implemented, the number of RAOs rose sharply. The number of remediations completed now averages around 2,000 a year, about four times the rate of completions when the SRRA was implemented in 2009.

Even more impressive, is this chart compiled by the LSRPA using data from the NJDEP that shows all cases are being completed faster. Simpler cases and complex cases (i.e., multiple areas of concern and impacted media) are both being completed at an accelerated rate with no loss in quality when contrasted with a comparable period before the SRRA.

Of course, there is always room for improvement. Already, key legislators and the NJDEP have begun to collect comments and suggestions for updates and changes in policy, regulations, and if absolutely necessary, the law. Legislators may begin reviewing potential legislation later this year or early next year.

As the front lines of remediation in New Jersey, LSRPs know how the process is working on the ground and in the groundwater. Through the Licensed Site Remediation Professional’s Association (LSRPA), we have begun considering how best to streamline and clarify the state’s rules for cleaning up sites.

Builders and developers have begun to consider these issues as well.

One issue LSRPs, developers and the NJDEP should consider together is how best to streamline the requirements necessary to complete remediation projects.

Under the current law and regulations, NJDEP must process a Remedial Action Permit (RAP) before an LSRP can submit the final paperwork for a RAO to declare the remediation is completed and the institutional controls are in place.

From the time it is submitted until the time it is issued, a RAP can take more than a year, delaying completion of property transactions and redevelopment projects. No one knows better than builders the impacts delays can have on redevelopment.

Some of the delays are caused by improperly completed paperwork or by LSRPs not adequately describing how they reached their professional decisions. The LSRPA has worked with the NJDEP and responsible party organizations to improve training for LSRPs to remove the administrative hurdles. LSRPA also is active on the ongoing NJDEP stakeholder group to improve the current process and has reaffirmed its commitment to continuing education for LSRPs and responsible parties.

But more creative solutions also may be considered to ensure no bottlenecks exist between when the work of remediation is completed and the permit is issued so an RAO can be filed.

Of course, better documentation of an LSRP’s decision process for a RAP and RAO should reduce the time necessary for NJDEP reviews. Better documentation also could help to expedite the required inspection and review of other reports.

Another potential solution would allow the LSRP to issue some permits by rule while retaining NJDEP’s ability to review the final remediation documents to ensure the necessary controls are in place for the environment and public health.

Also, the regulatory mindset must change so that prospective developers, who now may be listed as the party responsible for the site’s pollution, are treated as an ally in the safe redevelopment of contaminated properties. Both builders and stakeholders should work together for that goal.

Whatever the changes, the success of SRRA is evident. But any program, with enough experience, can be updated and improved. With appropriate and reasonable changes to our state’s laws and regulations, we can accomplish even more for the public, the environment and business.

The Seaman Avenue Site was acquired by the Perth Amboy Board of Education (PABOE) in 1993 with the intention of constructing a new elementary school. After ~20 years of no construction progress, and to alleviate over-crowding in this school district, the New Jersey Schools Development Authority (NJSDA) is constructing a new $56.4 million elementary school on this site to serve 800 students.

Portions of the Site were historically used for fuel oil storage and supply by D.B. Brown and Standard Oil, a trucking facility, a cold storage warehouse, an hospital annex, junk and scrap metal yard, a roofing storage facility and several residences. PennJersey was initially retained in January 2014 to provide historical file review services of three rounds of historic remediation efforts. Following issuance of our report in May 2014, the NJSDA approved funding for the new school construction in August 2014.

PennJersey was then contracted by the PABOE to conduct extensive follow-up soil and groundwater remedial investigations, remedial alternatives analysis, and demolition (Early Site Preparation) related remedial actions pursuant to the NJDEP Presumptive Remedies to allow construction to proceed in a safe, effective and cost-efficient manner. On behalf of the PABOE, PennJersey reviewed the NJSDA Design-Build final remedial designs and is currently inspecting the progress of the NJSDA construction and capping operations on behalf of the District to confirm compliance with the remedial action workplan prepared by PennJersey.

• NJSDA Press Release (5/31/18)
• MyCentralJersey.Com Article (5/31/18)

 

William P. Call, P.G., LSRP
Vice President    (732) 245-1874   WCall@PennJerseyEnv.com

Mr. Call holds a geology degree from Rensselaer Polytechnic Institute and has provided environmental services since 1987. Mr. Call is a Professional Geologist (PA & AR) as well as a Licensed Site Remediation Professional and serves on the Board of Trustees of the Licensed Site Remediation Professional Association, where he also serves on the Risk Management and Loss Prevention Committee and co-chairs the Continuing Education Committee. Mr. Call has developed and implemented numerous projects involving investigations of various hazardous waste facilities and related site remediation projects. These projects have included State, County, municipal and commercial properties impacted by various operations. Past project experience includes various environmental investigations; remediation of major New Jersey educational, road expansion, and Brownfields projects; sites impaired by leaking underground storage tanks; Industrial Site Remediation Act investigations; Resource Conservation and Recovery Act site closures; and extensive hydrogeological investigations. When he is not cleaning up New Jersey one site at a time, he dedicates his free time to taking care of his young daughter, a new home and getting in some crossbow archery. As a new homeowner in town, Mr. Call is also joining the Middletown Township Environmental Commission.
• NJ Licensed Site Remediation Professional 573657
• NJ UST Subsurface Evaluator 0010212
• NJ Soil Borer 0023686
• PA Professional Geologist PG003036G
• AR Professional Geologist 1672

PennJersey is pleased to announce that we were approved as a Category 2 Small Business Enterprise (SBE) by the State of NJ Department of the Treasury, Division of Revenue & Enterprise Services, in January 2018.  PennJersey looks forward to participating in expanded public contracting opportunities in New Jersey.

PennJersey is also pre-qualified by the NJ Department of Treasury Division of Property Management and Construction (DPMC) and the New Jersey Schools Development Authority for Environmental Consulting, geology and Underground Storage Tanks. PennJersey also is licensed by the NJ Department of Health as an Indoor Environmental Consultant to conduct Indoor Environmental Health Assessments of Child Care Centers and Educational Facilities in New Jersey.

About the NJ Small Business Enterprise (SBE) Program

The State of New Jersey Small Business Set-Aside Program was established with the goal of awarding 25 percent of state contracting and purchase order dollars to small businesses. By registering a small business with the New Jersey Small Business Set-Aside Program, through the Division of Revenue & Enterprise Services, an approved SBE company becomes a member of a limited group of vendors eligible to participate in these selected contract offerings.

About PennJersey

At PennJersey, we provide personalized, specialized consulting services to suit your environmental site assessment and remediation needs. We’re here to advocate on your behalf; whether you are in industry, commercial, development, or municipalities, we’ve got you covered in Pennsylvania, New Jersey and beyond.

When it comes to the labyrinth of myriad environmental regulatory and technical issues that complicate your business, PennJersey has the experience and cost-effective services to simplify your problems. We’re field, assessment and remediation experts with well over a combined 150 years’ experience (and that’s just senior staff) working in environmental services. We bring a unique mix of passion for science and project management expertise that culminates in premium, expert environmental consulting.

With four Licensed Site Remediation Professionals (LSRPs) and a full staff and wide network of subconsultants and contractors for servicing New Jersey, PennJersey is your full-service choice for comprehensive environmental consulting solutions that show results.

 

Recently, a NJ Education Association (NJEA) / Work Environment Council (WEC) flier reported that phenyl mercuric acetate (PMA) may have been used in synthetic rubber-like flooring. From the 1960s to the mid-1990s, schools, colleges/universities, athletic facilities, prisons and other facilities throughout the country installed indoor gymnasiums, field houses, outdoor running tracks and similar rooms and facilities. When mixing the polyurethane formulation to form the rubberized floor surface, PMA, was used t

o facilitate the liquid’s spreading and leveling. According to the 3M Corporation, their Tartan^® brand flooring product (along with 8 other brands) may contain 0.1% to 0.2% mercury (1,000-2,000 mg/kg).  Based on the available literature and our own experience, metallic mercury vapors have been reported at elevated levels in these facilities.

While this emergent issue has been evaluated by a handful of other states, the State of New Jersey and the United States Environmental Protection Agency (USEPA) have no formal regulations or guidance promulgated to address the potential for mercury in flooring. The federal Agency for Toxic Substances and Agency for Toxic Substances (ATSDR), working with state health departments, appears to be the lead agencies involved in evaluating the issue. The New Jersey Department of Health (NJDOH) is aware of the issue and may be issuing guidance shortly.

Mercury Hazards

Exposure to mercury can primarily effects the neurological system, including the brain, as well as the kidneys or a developing fetus. Children and pregnant women are at greatest risk from mercury exposure, but occupational exposure is well known. We all remember the Mad Hatter from Alice in Wonderland. The initial neurological effects may result in hand tremors, an increase in memory disturbance, and evidence of autonomic dysfunction. Mercury is not known to cause cancer.

Recommended Action

In order to evaluate suspect facilities, it is recommended that bulk sampling of the rubberized play surfaces be conducted to determine the potential presence of PMA at actionable levels (i.e., above 1 mg/kg). If actionable mercury concentrations are identified in the bulk sampling, further remedial actions or conducting further indoor air sampling is warranted.  If total mercury is less than 1 mg/kg, it can be assumed that the flooring was not manufactured using a mercury-containing compound such as PMA.

Where floor bulk-sampling results are in excess of 1 mg/kg total mercury, performance of an indoor air (IA) investigation is recommended to assess the potential for mercury to be present as a vapor hazard in these areas.  The ATSDR recommends that if a floor emits mercury vapor greater than 0.8 µg/m³, or if laboratory analysis detects mercury at a concentration of 20 mg/kg or greater, the best permanent solution is to remove the floor and replace it with a floor that does not contain mercury. The ATSDR recommends a 3 µg/m³ clearance concentration for the air in schools. NJDOH regulations allow for calculation of a site-specific action level. The evaluation of mercury migration throughout the facility should also be considered. While not required, the state health department should be utilized as a resource and provided with a copy of the results.

Additionally, sampling of the surface(s) and materials below the rubberized flooring is recommended to determine if there have been sub-flooring impacts by the mercury. This is typically accomplished by advancing core samples through the floor of each affected area and sampling of the top layer of concrete sub-flooring under the rubberized surfaces to evaluate the potential for vertical downward migration of mercury.

Depending on site-specific conditions, disposal should be considered, but active ventilation could also be a short-term option. Prior to removal and disposal of any impacted floor material, sampling and analysis for USEPA Resource Conservation and Recovery Act waste characteristics including the Toxicity Characteristics Leaching Procedure methodology is recommended, and a comprehensive removal specification, which includes comprehensive air monitoring for the protection of the workers and building inhabitants during the replacement of the flooring, is recommended.

Select References

ATSDR, Action Levels for Elemental Mercury Spills, March 22, 2012.

NJEA/WEC, HSN Alert: Mercury Hazard to Staff and Students from Rubber-Like Floors in Schools, February 2017.

ODOH/ATSDR, Mercury in Flooring Presentation, presented at the Building Environment Council of Ohio (BECO) Fall Conference October 21, 2010.

USEPA, Integrated Risk Information System (IRIS): Elemental Mercury, June 1, 1995.

 

William P. Call, P.G., LSRP
Vice President

                         (732) 245-1874

                         WCall@PennJerseyEnv.com

Mr. Call holds a geology degree from Rensselaer Polytechnic Institute and has provided environmental services since 1987. Mr. Call is a Professional Geologist (PA & AR) as well as a Licensed Site Remediation Professional and serves on the Board of Trustees of the Licensed Site Remediation Professional Association, where he also serves on the Risk Management and Loss Prevention Committee and co-chairs the Continuing Education Committee. Mr. Call has developed and implemented numerous projects involving investigations of various hazardous waste facilities and related site remediation projects. These projects have included State, County, municipal and commercial properties impacted by various operations. Past project experience includes various environmental investigations; remediation of major New Jersey educational, road expansion, and Brownfields projects; sites impaired by leaking underground storage tanks; Industrial Site Remediation Act investigations; Resource Conservation and Recovery Act site closures; and extensive hydrogeological investigations. When he is not cleaning up New Jersey one site at a time, he dedicates his free time to taking care of his young daughter, a new home and getting in some crossbow archery. As a new homeowner in town, Mr. Call is also joining the Middletown Township Environmental Commission.
• NJ Licensed Site Remediation Professional 573657
• NJ UST Subsurface Evaluator 0010212
• NJ Soil Borer 0023686
• PA Professional Geologist PG003036G
• AR Professional Geologist 1672

 

FOR IMMEDIATE RELEASE—July 10, 2017. Milford, NJ

The team at PennJersey is proud to announce the hiring of Mr. James D. Snook, P.G., LSRP as a Vice President. Prior to joining PennJersey, Mr. Snook was employed by Mott MacDonald in Iselin, NJ. Mr. Snook has almost 20 years of experience as an environmental consultant in Pennsylvania and New Jersey. Mr. Snook holds a B.S. in Environmental Science from Susquehanna University. He also holds a M.S. in Hydrogeology from Clemson University.

“I am excited to join PennJersey’s diverse and qualified team that includes some of the most experienced, knowledgeable and innovative LSRPs in New Jersey. I hope to add to PennJersey’s depth with my own LSRP experience, plus strengthen PennJersey’s range with my own professional experience.” Rodger Ferguson, President of PennJersey added that “James adds tremendous depth to our expertise for our clients in Pennsylvania and New Jersey. We are truly excited about bring him on board.”

In eastern Pennsylvania, Mr. Snook has experience with navigating projects through Pennsylvania Act 2 procedures and milestone reports for almost 20 years in the Lehigh Valley and Philadelphia areas. Over the last few years, he has been assisting municipal clients on site remediation of soil and ground water, for which he also coordinated client meetings with PADEP Act 2 officials which led to significant cost savings for these complex projects. Mr. Snook also has experience in the technical evaluation of Act 2 milestone reports related to a Brownfield Assessment Grant for Phase I and II projects in the Lehigh Valley. He has experience with various remedial techniques for the petroleum industry and underground storage tank (UST) projects. For one project, executed within an expedited timeframe, he supervised and completed the on-site field investigations and subsequent reporting for remedial investigations on numerous gasoline stations considered for purchase by a large petroleum client. Mr. Snook has been involved in the evaluation of Marcellus Shale natural gas resources, co-authoring a detailed report and visual presentation regarding the geologic evaluation, exploratory natural gas evaluation, water resources evaluation, and economic evaluation for the owner of approximately 10,000 acres in Pennsylvania.

Mr. Snook has been a Licensed Site Remediation Professional (LSRP) in New Jersey since 2011. He has been retained by various clients as the project’s LSRP for their industrial, commercial, municipal, education, linear construction, recreation, and non-profit redevelopment project sites that he supervised and managed simultaneously. Mr. Snook’s experience spans all remedial phases from Phase I and Preliminary Assessments through remedial action and biennial certifications. He has provided various Response Action Outcomes since 2012 for regulated project sites which range from UST closures to multi-million remediation projects. He has held several technical consultation meetings with NJDEP that have led to removal of a responsible party status or significant cost savings to clients. He also received an administrative closure from NJDEP without the submittal of a milestone report, which led to significant cost savings and the removal of multiple enforcement penalties for a client.

Mr. Snook is the Secretary, an Executive Board Member, and a Pennsylvania Regional Council Member for the Brownfield Coalition of the Northeast (BCONE).  He has been an active BCONE member since its early beginnings in June 2011, focusing on event planning, outreach promoting membership and sponsorship, plus coordination with Brownfields experts in the PADEP, NJDEP, and USEPA. He has been actively involved in planning numerous successful BCONE workshops, bus tours, and networking events in New Jersey and Pennsylvania. He provides public presentations at various events and public workshops including the National Brownfields Conference, Pennsylvania Brownfields Conference, the Northeast Sustainable Communities Workshop Conference, New Jersey inter-agency workgroups, and various BCONE workshops. Mr. Snook will be a speaker at the annual USEPA National Brownfields Conference in Pittsburgh this December.

Mr. Snook has acted as project manager of USEPA Brownfield activities and prepared award-winning Brownfield grant proposals for USEPA, NJDEP’s HDSRF, and other grant opportunities for municipalities. Mr. Snook has successfully navigated clients through environmental regulations in multiple states, and has achieved environmental compliance through milestone reports for remedial projects under several regulatory programs.

Licenses:

• NJ Licensed Site Remediation Professional #586414
• TN Professional Geologist #00005588

Professional Memberships:

• Brownfield Coalition of the Northeast (BCONE)
  • Secretary, Executive Board Member, PA Regional Council Member
• Licensed Site Remediation Professional Association (LSRPA)
  • Risk Management and Liability Protection Committee
• Pennsylvania Council of Professional Geologists (PCPG)

For more information, please contact Rodger Ferguson, LSRP President at rferguson@penjerseyenv.com or James Snook at jsnook@pennjerseyenv.com, or call (908) 329-6060.