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

Chris Valligny, NJ LSRP
Project Professional

PFAS Federal Facility Accountability Act of 2018

PFAS Federal Facility Accountability Act of 2018

The Subcommittee on Energy has introduced the PFAS Federal Facility Accountability Act of 2018. This bipartisan legislation requires federal agencies to cooperate with states as per- and polyfluoroalkyl substances (PFAS) contamination is detected in communities near federal facilities, such as active military installations, former military installations, or National Guard facilities.  For affected states, the individual State Agreements must be executed within 1 year of the Bill enactment.  If passed into law, this bill will help speed up coordinating the response between state and federal agencies in handling these contaminants.  

PFAS comprises a group of chemicals used in firefighting, manufacturing, and common household and consumer products and are deemed a threat to human health and the environment.  These chemicals can be found in water, soil, air, and wastewater and were frequently used in firefighting foam commonly used at federal facilities.

Advanced GeoServices and its sister companies have been actively working on PFAS projects and other emerging contaminants and can assist you with your PFAS issues.

For more information on this legislation and PFAS, contact:

Rick Shoyer, LSRP
Senior Project Consultant

USEPA PFAS Horsham, PA Engagement Session

Image courtesy of Carpe Diem! Philadelphia

Image courtesy of Carpe Diem! Philadelphia

Advanced GeoServices, a Montrose Environmental company, attended USEPA's (EPA) Per- and Polyfluoroalkyl Substances (PFAS) Community Engagement event in Horsham, PA on July 25th.  The all-day event featured panels consisting of Federal, State, local government, community and then a listening session from the public. Common themes from the communities were that PFAS standards are greatly needed and without enforceable standards: 

  1. The public cannot be protected, and
  2. The regulatory communities cannot mandate cleanups.  

The communities with impacted water supplies from the military bases were unanimous in that the Federal Government who contaminated the water supplies should pay for the remediation and any required water treatment, not the residences.  

It was apparent from the event, and Advanced GeoServices’ own experience, that there are major differences in the assistance the public and municipalities were receiving from State and Federal agencies - depending upon what State and EPA Region you were located.  States, such as PA, have taken a low profile in developing PFAS standards and seem to have gotten fewer assistance with medical monitoring, remediation costs and other environmental studies than other states and regions. 

EPA stated there will be a push to have PFAS listed as a hazardous substance under CERCLA. This will then provide the enforcement teeth for Superfund to require investigations and cleanups and go after reimbursement from the polluters. EPA also stated they believe air emissions are a major migration pathway of PFAS and they are working on procedures for air sampling and analytical standards. 

The major water providers, like Aqua PA, are using EPA's Health Advisory Level (HLA) of 70 ppt for PFOA/PFOS.  Tainted water supplies below these limits are not being treated, even though recent toxicological data for PFOA and PFOS suggest these limits (maybe 7 to 10 times higher than they should be) to be considered safe for human consumption.  There are between 2,500 to 3.500 individual PFAS, and only a handful have been studied for toxicological affects. The ones that have (e.g., PFNA, PFHxS, PFBS, and GenX) all suggest that standards should be closer to 10 ppt.  Probably the most alarming news was how much PFAS contamination is continuing to be discharged through stormwater runoff from these federal military bases and airports into the waterways because of lack of enforceable standards and regulations. 

The science and engineering for understanding and addressing PFAS contamination is still evolving.  Advanced GeoServices and it's sister Montrose companies are actively working on multiple PFAS-related projects.  Montrose senior technical personnel will be attending the next USEPA sessions in Colorado and the following session in North Carolina to stay abreast of this national issue.  

If you have any questions regarding the Horsham event or other #PFAS questions, please contact:

Rick Shoyer
Senior Project Consultant

Drinking Water Health Advisory for PFOA and PFOS

Drinking Water Health Advisory for PFOA and PFOS

Man-made chemicals Perfluorooctanoic acid (PFOA, also known as C8) and Perfluorooctanesulfonic acid (PFOS) were commonly used in the manufacturing process years ago, but have been phased out due to potential health risks.  PFOA has been linked to many diseases, including thyroid disease, high cholesterol, and some cancers.  However, these compounds still persist in many drinking water supplies because of the strong carbon-fluorine bond.  

In response to these chemicals being identified in many regional water supplies, USEPA has issued a new health advisory to address these potentially harmful chemicals .  The agency “issued a lifetime drinking water health advisory of 70 parts per trillion for human exposure to the manmade chemical,” per Albany’s Times Union.

To read more about contamination guidelines visit Water Online’s Drinking Water Contaminant Removal Solutions Center.

If you would like to discuss this issue, please contact:

Rick Shoyer