LSRP UPDATE: May 7, 2014 Remedial Investigation Deadline

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Synergy Environmental, Inc.
Dave Robinson, LSRP

October 22, 2013

The New Jersey Site Remediation Reform Act (SRRA) requires that Remedial Investigations be completed, (and Remedial Investigation Reports submitted) by May 7, 2014 for all cases that were initiated prior to 1999. Because this is a Mandatory Deadline, there are no possibilities to extend this date.

Responsible Parties should have received letters from the NJDEP indicating that a remedial investigation has not been completed. If you received this letter and have not completed the remedial investigation (or have not received the letter but a remedial investigation has not been completed), you should contact your LSRP immediately.
Due to the nature of environmental investigations, there is a chance that a remedial investigation may not be completed by the deadline if you do not initiate it by November 2013. Penalties for not completing the investigation include fines, damages, and the ability of the NJDEP to take over the remediation. If the NJDEP choses to take over the remediation, they can perform it as they see fit, with no input from the responsible party.
If you received the letter and believe that you have completed the remedial investigation, the NJDEP requires submission of proof. The following website contains instructions on submitting documentation, as well as other information regarding the May 2014 Deadline.
http://www.state.nj.us/dep/srp/timeframe/

Did EPA Overstep in Applying Soil Vapor Intrusion Guidance to Commercial Buildings?

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Pillsbury Winthrop Shaw Pittman LLP
Reza Zarghamee, Sheila McCafferty Harvey, Peter H. Wyckoff
and Jeffrey A. Knight

October 21, 2013

In April 2013, U.S. EPA’s Office of Solid Waste and Emergency Response issued two guidance documents on soil vapor intrusion. One addresses general soil vapor intrusion issues1, while the other is specific to petroleum vapor intrusion at leaking underground storage tank sites 2. This alert focuses on the first one – the “2013 Guidance.” Although the 2013 Guidance was issued as “final,” U.S. EPA solicited public comments through June 24, 2013. The 2013 Guidance changes U.S. EPA’s basic approach to addressing soil vapor intrusion and raises important jurisdictional issues regarding the interplay between U.S. EPA and the U.S. Department of Labor, Occupational Safety and Health Administration (“OSHA”). These features of the 2013 Guidance underscore the need for careful legal attention to cleanup sites involving soil vapor intrusion, which has become an important factor in both remedy selection and toxic torts litigation.

What Is Soil Vapor Intrusion and Why Is It Important?

The phrase “soil vapor intrusion” refers to the migration of volatile chemicals from a subsurface source into buildings. This migration occurs through cracks or perforations in floors and walls, when there is a difference in interior and exterior vapor pressure or concentration. Soil vapor (i.e., the gas between soil particles) can become contaminated when chemicals evaporate or migrate from contaminated soil or groundwater, non-aqueous phase liquid, buried wastes, and underground storage tanks or drums. The potential harm to humans posed by soil vapor intrusion depends on several factors, including the length, amount, and frequency of exposure, as well as the toxicity of the volatile chemicals and the individual’s sensitivity.

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USEPA Withdraws Proposed ASTM E1527-13 Standard for Environmental Due Diligence

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Damon Morey, LLP
John T. Kolaga & Lydia H. Beebe

October 14, 2013

In the past several weeks, the United States Environmental Protection Agency  announced that it would withdraw a proposed final rule governing Phase I evaluations of brownfields after it received much criticism surrounding the proposed rule.

Published on August 15th, the proposed “all appropriate inquiry” (“AAI”) final rule would have amended the current regulatory framework to include ASTM E1527-13 as an acceptable standard for satisfying Phase I environmental site assessment requirements.  This rule would have allowed the 2013 ASTM standard to be used as an alternative to the ASTM E1527-05 standard, the latter of which was issued in 2005.  Because of the many adverse comments that were filed in response to the 2013 rule, the EPA announced that it will withdraw the rule, review it, and address those comments in a new rule.  The EPA has not stated when the new rule will be issued.

“All appropriate inquiry,” also called environmental due diligence, is the process of evaluating real property for potential environmental contamination and potential liability for that contamination.  Phase I assessments are non-intrusive reviews of the current and past use of a property, designed to determine whether the potential for contamination exists.  The assessments inform potential buyers, lenders, insurers and others of potential environmental liabilities and risks.

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Synergy Environmental, Inc.  & Remediation Equipment & Services  are Proud Sponsors of the: Second Annual RE3 Conference

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Applied Technologies and Methodologies for the Treatment of 
Heavy Metals and Organics

The conference will take place  January 27 – 29, 2014. 

Hyatt at the Bellevue – Philadelphia

RE3’s mission is to foster the exchange of information related to successes in dealing with land and groundwater contamination from the perspective of the property owner, developer and remediation professional. Our mission is to stay relevant and connected to our participants in order to help continue to provide education as well as facilitate conversation and networking before, during and after the conferences. As an event for the industry, by the industry, we continue to build and evolve our program based on feedback from our partnering sponsors and associations, as well as new developments in the field. Both remediation industry professionals and the end-users will walk away with new contacts as well as strategies and approaches that can be used in today’s environment.

For more Information and Registration, please visit the website:

http://www.enviroblend.com/re3/