New Jersey Updates Site Remediation Reform Act

Updates to NJ Site Remediation Reform Act

On August 23, 2019 New Jersey Governor Phil Murphy signed into law an act to update and strengthen the Site Remediation Reform Act (SRRA).  The new changes provide additional guidance for the Act that has been in existence since 2009 and that takes effect immediately.  Highlights of the Act include:

  • Oversight – LSRPs must oversee all remediation aspects of the site

  • IECs – responsible parties could potentially have to include vapor intrusion

  • Reporting - the reporting obligation could now be construed to extend to unoccupied structures.  If an LSRP is contracted to work on a specific portion of the site that has a discharge, they must disclose that information to the NJDEP and may be applied to unoccupied structures.

  • Funding - a surety bond is an approved remediation funding source

  • Hardship – Responsible parties can apply for financial hardship if they can prove that their financial obligations will be adversely detrimental to them.  Responsible parties can negotiate an Administrative Consent Order to lessen their financial obligations.

  • Outreach - Municipalities and county or local health agencies must be notified in writing prior to starting a remedial investigation.  The NJDEP reserves the right to require public outreach to occur biennially and can include either written notice/fact sheet and/or a sign posted at the site.

For more information or if you need assistance navigating these complex changes, contact:

Rick Shoyer, NJ LSRP
Senior Project Consultant
856.354.2273
rshoyer@advancedgeoservices.com

Chris Valligny, NJ LSRP
Project Professional
610.840.9195
cvalligny@advancedgeoservices.com

AGC Attending Pennsylvania PFAS Action Team Public Meeting on April 15

As part of Advanced GeoServices’ ongoing efforts to continue servicing clients with PFAS issues, Steve Kirschner will be attending the Pennsylvania PFAS Action Team public meeting on April 15, 2019.  The meeting will discuss:

Image courtesy of Commonwealth of Pennsylvania

Image courtesy of Commonwealth of Pennsylvania

  • PFAS Action Team;

  • MCL update;

  • Toxicological issues;

  • PFAS Pilot Study;

  • Laboratory Instrumentation;

  • Land Recycling Program Regulatory Package

  • Staff Sampling Training

  • Drinking Water Sampling Plan

  • EPA PFAS Action Plan

  • Sources, Impacts, & Water Supplier Needs

  • Township Recommendations

  • Redevelopment of the Willow Grove Site

  • PFAS Management

The Pennsylvania PFAS Action Team was created in September 2018 by Governor Wolf to address PFAS issues within the Commonwealth.  The Action Team is led by the secretaries of Environmental Protection, Health, Military and Veteran Affairs, Community and Economic Development, Agriculture, and the State Fire Commissioner.

Steve Kirschner leads the Montrose Emerging Contaminants Team, which is comprised of professionals that address PFAS issues impacting sampling, remediation, brownfields, water treatment, stormwater, air, laboratory instrumentation, chemistry, toxicology, industrial, water supplier, and municipal issues.  Montrose is able to combine our expertise from various experts nationwide to help our clients address their PFAS issues.  To learn more about the PA PFAS Action Team meeting or to discuss, contact:

Steve Kirschner, P.E.
Senior Project Consultant
skirschner@advancedgeoservices.com
610.840.9117

New Operational Tasks for USTs Now in Effect

Image courtesy of USEPA

Image courtesy of USEPA

New Operational Tasks as part of the Underground Storage Tank (UST) regulations published by USEPA are effective as of October 13, 2018.   Many states have adopted the 10/13/2018 effective date. Pennsylvania published their new UST regulations on December 22, 2018 and changes will be effective by December 22, 2019.  The regulations require owners and operators to perform a monthly walkthrough inspection of spill prevention equipment (tank fill spill bucket, fill pipe and fill cap) and have an annual test of electronic and mechanical release detection equipment.  All containment sumps must be visibly inspected and the “hand held release detection equipment” (tank gauging stick) must be inspected annually.

Specific UST components (spill prevention equipment, overfill devices, and containment sumps used for interstitial monitoring) must now be tested every three years.  The initial testing must be performed by the next required Facility Operational Inspection (FOI) deadline within the period December 21, 2019 and December 21, 2021.  Each location’s next FOI deadline is noted on the tank registration.

The tank fill spill bucket and containment sump testing must be performed by a PADEP-certified individual and the test is generally a hydrotest, using water.  If the tank fill spill bucket fails testing, no additional deliveries to the UST are permitted until a repair or replacement occurs.  The testing water becomes a regulated waste, and may be a hazardous waste.  There can be several strategies to minimize the waste and not create a hazardous waste.  Many testing companies are drumming the test water for the owner or operator to manage.

USTs as part of an emergency power generator system were previously deferred from enforcement for release detection, but the revised regulations require these systems to have tank and piping release detection equipment.  The revised regulations are problematic for these UST systems since there is generally both a suction and pressurized product line from the generator.  For many locations, the piping leak detection may require a new installation of double wall piping.   This would require an environmental assessment when the existing piping is removed.  Many of the emergency power generator UST systems also have a fuel polishing unit, with piping that extracts and returns the fuel from the UST on a scheduled timeframe and duration.  The fuel polishing piping would also require leak detection.

States with an approved UST program were required to update their own regulations by October 13, 2021 but many have adopted the 10/13/2018 effective date.  States that do not have state program approval (i.e. New York) had the regulations effective 10/13/2018 only under federal enforcement.

UST owners and operators should consult with an environmental engineering consulting firm to devise a pathway to compliance.  Advanced GeoServices Corp, a Montrose Environmental Group company, can assist with compliance issues and can provide guidance on implementing the required testing and inspections.  We are currently scheduling site reviews and providing insight on waste minimization.  To book your consultation and/or schedule a visit, contact our expert:

Bob May, PE, CHMM
610.840.9120
Senior Project Professional
Professional Engineer: DE, NJ, NY, PA, VA, and WV
Professional Geologist and Hydrogeologist, Washington #2075
Certified Hazardous Material Manager (CHMM) – Master Level #3872
New Jersey Department of Environmental Protection – Subsurface Investigator and UST Installer, Closure and Tank Testing #22646
New Jersey Department of Environmental Protection N2 Industrial Wastewater Operator #599516
New Jersey Department of Environmental Protection S2 Industrial Wastewater Operator #748191
Pennsylvania Department of Environmental Protection Water System Operator #W12660
Pennsylvania Department of Environmental Protection Wastewater System Operator #S12382
Massachusetts Department of Environmental Protection UST Inspector #1389
OSHA 30-hour A Guide to Voluntary Compliance – General Industry
OSHA 40-hour HAZWOPR Standard Hazardous Waste Operations Emergency Response (29CFR1910.120)

Revised sediment and stormwater regulations for Delaware

Delaware has revised the sediment and stormwater regulations from the Department of Natural Resources and Environmental Control (DNREC).  These changes went into effect on Feb. 11, 2019. 

DNREC logo

 The revised sediment and stormwater regulations will address runoff from the most frequent rainfall event; stormwater volume control; stormwater management for redevelopment; and plan approvals for construction of residential, utility and poultry house projects. 

 In addition to addressing legislative actions, the revised regulations include simplified criteria for the approval of smaller, less impactful projects.  The revised regulations include standards and specifications for each of 17 post-construction stormwater management best management practices (BMPs), and expand the section in the regulations on stormwater offsets to include details regarding fees-in-lieu, banking and stormwater management offset districts.

The revised stormwater and sediment regulations can be found at: http://www.dnrec.delaware.gov/swc/Pages/SedimentStormwater.aspx

 If you have questions about stormwater and sediment issues in Delaware, please contact:

Barry G. Stingel, ASLA, RLA
Senior Project Consultant
302.316.3277 Ext. 3

Jennifer W. DiJoseph, P.E.
Project Consultant
302.316.3277 Ext. 2

PADEP Southeast District Update

The Pennsylvania Department of Environmental Protection (PADEP), Southeast District provided a regulatory update on a variety of topics on June 18, 2018:

PADEP Southeast District Update

  • The District is still trying to fill several Section Chief positions and is hopeful they will be filled in the near future.
  • The Land Recycling Program Technical Guidance Manual (TGM) is currently being updated with a goal of it being finalized later this year. Several plan changes include:
    • Combining the vapor intrusion guidance into the TGM, and
    • Separating the toxicological tables out of the TGM, which will allow the PADEP to more readily make changes in the future.
    •    
  • The Per- and Polyfluoroalkyl Substances (PFAS) investigations of the Department of Defense (DoD) bases in Warminster and Horsham, as well as, the Easton Road PFC and Ridge Run PFC HSCA sites. To date, the sources of the Hazardous Sites Cleanup Act (HSCA) sites have not been identified. The District has reported that the PADEP is requiring some industrial National Pollutant Discharge Elimination System (NPDES) permit renewal applicants to provide data on PFAS; however, the PADEP does not have any current plans to follow in the footsteps of New York State or New Jersey and develop state Maximum Contaminant Levels (MCL’s) or initiate/mandate PFAS investigations at potential source sites.

Thanks to the Society of Women Environmental Professionals, Philadelphia Chapter for arranging the PADEP update.

For more information on this topic, contact:

Steve Kirschner, P.E.
Senior Project Professional
610.840.9117

USEPA Classifies TCE as a Carcinogen

USEPA Classifies TCE as a Carcinogen

The United States Environmental Protection Agency (USEPA) recently changed its classification of Trichloroethylene (TCE) from "possible human carcinogen" to human carcinogen in its recently released Toxicological Review of Trichloroethylene (EPA/635/R-09/011F, September 28, 2011). 

The Toxicological Review is provides specific details and rationale for USEPA's Integrated Risk Information System (IRIS) pertaining to TCE.  TCE is a chemical widely used by industry and is often found at contaminated sites, including hundreds of Superfund facilities across the country.

Trichloroethylene is a colorless, volatile organic compound.  It is nonflammable and has a sweet odor.  TCE is often used as a solvent to clean metal parts or used to create other chemicals. At one time it was used as a surgical anesthetic.

Trichloroethylene can be released to air, water, and soil.  TCE is a problematic compound in soil and water since it breaks down very slowly and is removed mostly through evaporation to air. However, TCE does breaks down quickly in air, making it very likely that it will be included as a contaminant of concern in future vapor intrusion standards.    

According to the Agency for Toxic Substances & Disease Registry (ATSDR), "Exposure to moderate amounts of trichloroethylene may cause headaches, dizziness, and sleepiness; large amounts may cause coma and even death. Eating or breathing high levels of trichloroethylene may damage some of the nerves in the face. Exposure to high levels can also result in changes in the rhythm of the heartbeat, liver damage, and evidence of kidney damage. Skin contact with concentrated solutions of trichloroethylene can cause skin rashes.  There is some evidence exposure to trichloroethylene in the work place may cause scleroderma (a systemic autoimmune disease) in some people. Some men occupationally-exposed to trichloroethylene and other chemicals showed decreases in sex drive, sperm quality, and reproductive hormone levels.  There is strong evidence that trichloroethylene can cause kidney cancer in people and some evidence for trichloroethylene-induced liver cancer and malignant lymphoma. Lifetime exposure to trichloroethylene resulted in increased liver cancer in mice and increased kidney cancer and testicular cancer in rats.  It is not known whether children are more susceptible than adults to the effects of trichloroethylene.  Some human studies indicate that trichloroethylene may cause developmental effects such as spontaneous abortion, congenital heart defects, central nervous system defects, and small birth weight. However, these people were exposed to other chemicals as well."

Advanced GeoServices has spent decades working on sites contaminated with TCE.  We have designed many solutions for this complex compound and can help you find a solution for your site.  For more information about trichloroethylene, contact:

Steve Kirchner, P.E.
Senior Project Consultant
610.840.9117

Chris Reitman, P.E.
Senior Project Consultant
610.840.9123

Pennsylvania updates General Industrial Stormwater Permit regulations

PA Updates General Industrial Stormwater Permit

Pennsylvania recently updated its requirements for the General Permit for Discharges of Stormwater Associated with Industrial Activity, which include:

  • New sector-specific requirements;
  • Stormwater pollutants benchmarking;
  • Semi-annual outfalls inspections and sampling;
  • eDMR system reporting;
  • Annual renewal; and
  • Annual renewal, including reports and $500 payment.

If you have a General Industrial Stormwater Permit, these new regulations will affect you.  Contact us so we can help you understand how these new requirements will affect you:

Steve Kirschner, P.E.
Senior Project Consultant
610.840.9117

Chris Reitman, P.E.
Senior Project Consultant
610.840.9123

OSHA’s Hazcom/Global Harmonization System (GHS) next Compliance Deadline: June 16, 2016

OSHA’s Hazard Communication (Hazcom) standard has been Globally Harmonized!

Employers have until June 1, 2016 to meet the final compliance dates for updating employee training and company Hazcom GHS programs.  Several deadlines have arrived and passed, including:

  • December 2013 - Employer’s initial requirement to train employees on the new hazard classification and labeling system 
  • June 1, 2015 - Chemical manufacturer requirements to update labels and Safety Data Sheets to meet the new required formats 

As a result of the re-evaluation of chemical hazards in order to properly identify and categorize the hazards, employers must provide additional training and make any final changes to their Hazcom/GHS programs by June 16, 2016.

For assistance with OSHA compliance issues,  contact:

Steve Kirschner
Vice President
610.840.9117

OSHA Confined Space Rule for Construction Starts in August

Twenty years later, OSHA finalizes rules for confined space entry in the construction industry.  The new rules follow much of the same requirements as in the general industry rule.  Read more below in a great article from Doug Day in Municipal Sewer & Water magazine.  Advanced GeoServices’ Certified Industrial Hygienist/Certified Safety Professional has been providing confined space entry training for years and can help your business comply with these new regulations.

OSHA Confined Space Rule for Construction Starts in August

OSHA Confined Space Rule for Construction Begins in August

By Doug Day
May 21, 2015
http://www.mswmag.com

Since 1994, OSHA has been working on a confined space entry rule for the construction industry. See what will change on Aug. 4 as the rule goes into effect.

Workers in the construction industry now have the same confined space protections that those in manufacturing and general industry have had for more than 20 years. The new rule, published May 4 and effective Aug. 3, incorporates most of the general industry rule and includes several provisions specific to construction hazards.

OSHA regulations for the construction industry used to have just a training requirement — employees working in confined spaces had to be instructed about the hazards, necessary precautions and the use of protective emergency equipment. The new rule has five key new requirements according to information published by OSHA:

  • Detailed provisions on coordinating activities when there are multiple employers at the work site to ensure hazards are not introduced into a confined space by workers performing tasks outside the space (e.g., a generator running near the entrance of a confined space causing a buildup of carbon monoxide).
  • A competent person must evaluate the work site and identify confined spaces, including permit spaces (those that may have a hazardous atmosphere, engulfment hazard or other serious hazard that can interfere with a worker’s ability to leave the space without assistance).
  • Continuous atmospheric monitoring whenever possible.
  • Continuous monitoring of engulfment hazards. For example, when workers are performing work in a storm sewer, a storm upstream could cause flash flooding. An electronic sensor or observer posted upstream could alert workers at the first sign of the hazard.
  • Allowance for the suspension of a permit, instead of cancellation, in the event of changes from the entry conditions list on the permit or an unexpected event requiring evacuation of the space. The space must be returned to the entry conditions listed on the permit before re-entry.

Three other provisions of the new construction rule clarify requirements that already exist in the general industry standard:

  • Employers who direct workers to enter a space without using a complete permit system must prevent workers’ exposure to physical hazards through elimination of the hazard or isolation methods such as lockout/tagout.
  • Employers relying on the aid of local emergency services must arrange for responders to give the employer advance notice if they will be unable to respond for a period of time.
  • Employers must provide training in a language and vocabulary the worker understands.

OSHA’s online FAQ says companies that work in both construction and general industry will meet OSHA’s requirements by following the new construction rule (Subpart AA of 29 CFR 1926). Employers should review the agency’s website for more specific information on how the rule might affect them.

“This rule will save lives of construction workers,” says Assistant Secretary of Labor for Occupational Safety and Health Dr. David Michaels when announcing the new 621-page construction industry regulation. “Unlike most general industry work sites, construction sites are continually evolving, with the number and characteristics of confined spaces changing as work progresses. This rule emphasizes training, continuous work site evaluation and communication requirements to further protect workers’ safety and health.”

Work on the new rule began in 1994 when OSHA agreed to establish regulations specific to the construction industry when it settled a lawsuit concerning the general industry rule. Michaels says the rule will prevent an estimated 780 serious injuries and save the lives of five construction workers annually. 

If you have questions about this Rule, please contact:

Steve Kirschner
610.840.9117
skirschner@advancedgeoservices.com
 

New Employer Reporting Requirements for Severe Injuries & Fatalities

As of January 1st 2015 OSHA has changed requirements for reporting work related fatalities or severe injuries. In the past, employers were required to report all fatalities and or when three or more workers were hospitalized during the same incident. The new law requires:

  • Employers are required to report all work related fatalities within 8 hours, and
  • Employers are required to report all inpatient hospitalization, amputations and loss of an eye within 24 hours of finding out about the incident.

The new reporting requirements are intended to help prevent further severe injuries and fatalities by identifying the problem and taking preventative measures. 

New Employer Reporting Requirements for Severe Injuries & Fatalities
New Employer Reporting Requirements for Severe Injuries & Fatalities

3 Ways for Reporting an Incident:

•    Call 1-800-321-6742 (24 hour hotline);
•    Call the closest OSHA Area Office; and
•    Report online using http://www.osha.gov/report_online (coming soon).

For more information visit the OSHA website or contact:

Steve Kirschner
skirschner@advancedgeoservices.com
610.840.9117  

February 1 - April 30 Deadline Approaching - Employers Must Post OSHA's 300A Log

Between February 1 – April 30 of each year, covered employers MUST post the Occupational Safety & Health Administration’s (OSHAForm 300A.  Form 300A summarizes the illnesses and injuries that were reported during 2014 in OSHA Form 300.  Form 300A must be posted in a location that is accessible to all employees (e.g., break room, employee bulletin board, or near time clock).  If an OSHA Inspector finds that the log is not posted, OSHA can issue a citation.

February 1 - April 30 Deadline Approaching - Employers Must Post OSHA's 300A Log

Between February 1 – April 30 of each year, covered employers MUST post the Occupational Safety & Health Administration’s (OSHA) Form 300A.  Form 300A summarizes the illnesses and injuries that were reported during 2014 in OSHA Form 300.  Form 300A must be posted in a location that is accessible to all employees (e.g., break room, employee bulletin board, or near time clock).  If an OSHA Inspector finds that the log is not posted, OSHA can issue a citation.

The list of exempt employers has been updated on OSHA’s website.  Employers with ten or few employees, regardless of what industry they are in, are typically exempt from this new regulation and exempt from other OSHA recordkeeping requirements.

If you have questions regarding this requirement or need assistance with your recordkeeping, please contact:

Steve Kirschner
610.840.9117

Compliance is Good Business Practice

Advanced GeoServices’ professional industrial services continues to grow. Our Certified Safety Professional is assisting a new Pennsylvania client with its annual OSHA-required safety training program (e.g., lock-out tag-out, confined space entry & respirator protection).  Meanwhile in Maryland, we are finishing a NPDES permit renewal and Storm Water Pollution Prevention Plan for a heavy machining/manufacturing facility.  In response to a potential compliance issue, Advanced GeoServices has been retained to perform a RCRA and California waste stream characterization for multiple facilities across the country for a global manufacturer.

Compliance is Good Business Practice

For more information on our industrial services, please contact:

Stephen W. Kirschner
Senior Project Consultant
610-840-9117
skirschner@advancedgeoservices.com