Changes to NJDEP Impact to Groundwater Soil Screening Levels

Synergy Environmental, Inc.
David Robinson, LSRP

December 16, 2013

The NJDEP has issued updated Impact to Groundwater Soil Screening Levels (IGWSSL).  The changes are based upon an Update of the default Dilution-Attenuation Factor (DAF) used for calculating Impact to Groundwater Levels. The NJDEP has updated their guidance document and Excel spreadsheet which is posted at:

The new spreadsheets now include the ability to calculate impact to groundwater soil remediation standards for new (unlisted) chemicals.

Updates to NJDEP Classification Exception Area and NJDPES Discharge to Groundwater Guidance:

The Classification Exception Area (CEA) Guidance document and NJPDES Discharge to Ground Water (DGW)  Technical Manual for the Site Remediation Program (SRP) are outdated and the NJDEP will not update them in the near future.  The NJDEP has issued some updated information regarding both of these documents on their associated web pages.

These web pages describe the document content and generally which parts of each are still relevant or are particularly inconsistent with current requirements.  The web pages provide the currently applicable regulatory citations regarding topics covered in each document  (e.g., public notifications, the DGW proposal and permit by rule) and provide links to other locations on the Site Remediation Program website where relevant information regarding these topics is provided.

The introductory web page for the CEA guidance can be found at:

The introductory web page for the NJPDES DGW Manual can be found at:

David Robinson is an LSRP in our Cherry Hill, NJ Office

How Private Equity Sponsors Are Using Responsible Investing to Drive Value

King & Wood Mallesons
Mark McNamara, Mark McFarlane, Michael Barker, Jason Watts,
Lee Horan and Alex Elser

European Union, USA
December 11, 2013

Many private equity sponsors are now proactively managing the environmental, social and governance (ESG) risks in their investment portfolios. This greater focus results not only from a desire to undertake sensible risk management but also from the realisation that such an approach can increase the underlying value of their portfolios. Some private equity sponsors are even going the step beyond and using proactive responsible investing as a way to differentiate themselves in the fundraising market.

In this article we highlight some of the market-leading practices in relation to responsible investing, outline what constitutes responsible investing and the benefits of taking active steps to address ESG issues, and discuss some of the challenges for private equity sponsors in quantifying and reporting on the benefits of their responsible investing programmes.

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Blazing a Path Out of the Morass: Opportunities to Shape Clean Water Act Jurisdiction Rule

Wiley Rein, LLP
John A. Hodges

December 5, 2013

Stung by court decisions curbing expansive jurisdictional claims over bodies of water pursuant to the Clean Water Act (CWA), the U.S. Environmental Protection Agency (EPA), and the U.S. Army Corps of Engineers (Corps) are undertaking rulemaking to clarify the still murky jurisdictional situation.  Determining CWA jurisdiction is key to whether land developers must obtain “dredge and fill” discharge permits under Section 404 of the CWA.  It is expected that EPA and the Corps will propose a broad approach to jurisdiction.  In light of the high stakes, developers and other affected persons should consider participating in the rulemaking to help craft a reasonable approach.  An important EPA public meeting will take place from December 16 to 18.

Draft EPA Report and Draft Rule

A critical ingredient in the rule making will be an EPA report on connectivity of water bodies, currently in draft form. Taking the draft report into account, EPA and the Corps have prepared a draft proposed rule on CWA jurisdiction, which they have submitted to the Office of Management and Budget (OMB) for review.  Leaks indicate that the proposed rule takes a broad approach to CWA jurisdiction.  There is an opportunity for interested parties to comment on the draft report, and there will be an opportunity to comment on the proposed rule when it is issued.  The final rule will take into account public input, including input on the draft report.

Dueling Jurisdictional Approaches under Rapanos  

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USEPA’s Updated Regulatory Agenda: Say Hello to Old Friends and a Few New Faces

Squire Sanders
Katy M. Franz

December 9, 2013

USEPA released an updated regulatory agenda on November 27, 2013.  The Fall 2013 agenda contains only a handful of new rulemaking proposals, indicating that USEPA will be focused in 2014 on completing the long list of regulatory actions already in progress.  Despite this renewed focus, USEPA has further delayed the proposal and finalization of several significant rulemakings, including the following:

  • The proposed review of the National Ambient Air Quality Standard (NAAQS) for Lead has been delayed from January 2014 to July 2014;
  • The proposed implementation rule for the 2012 NAAQS for PM2.5 has been delayed from February 2014 to May 2014;
  • Proposed effluent standards for shale gas extraction have been delayed from April 2014 to October 2014; and
  • The final cooling water intake structure rule has been delayed from July 2013 to January 2014.

Noticeably absent from the Fall 2013 agenda is…

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