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* In effect on July 7, 2008. * Can use old criteria at existing release site IF an approvable RAW or RACR is submitted to DEP by December 2, 2008. * Lower limits must be used where new SCCs decrease limits by an Order of Magnitude or more, even at time of Biennial Certifications. * Many questions still left to be answered: What about new release areas at existing releases sites, etc.? * New criteria significantly lowers some SCC'S below background levels in some areas. DEP will likely see increase in “background” cases. * DEP "punted" on impact to groundwater SCCs. Future guidance to be issued for site specific determinations. For more information, call Justin Lauterbach at (856) 467-2276.
NJ TIGHTENS REGULATION OF DRY CLEANER PERC USE NJDEP is proposing to regulate the use and air emissions of perchloroethylene, an air toxic regulated by N.J.A.C. 7:27-17, in the dry cleaning industry. New Jersey has approximately 1600 dry cleaning facilities, with approximately 1800 dry cleaning machines, the majority of which utilize perchloroethylene, also known as perc, PCE or tetrachloroethylene. The Department is proposing amendments to N.J.A.C. 7:27-17 that will require a transition from the use of perchloroethylene at dry cleaning facilities to alternative technologies. Full transition from perchloroethylene dry cleaners would occur by January 1, 2021. Starting January 1, 2010, facilities must replace perchloroethylene equipment classified as third generation equipment with fourth generation equipment, or install a vapor barrier. The Department also proposes requirements that operators of all existing and new perchloroethylene machines comply with Federal rules for perchloroethylene dry cleaners. The Department anticipates that implementation of these proposed amendments to N.J.A.C. 7:27-17 would reduce perchloroethylene emissions in New Jersey by at least 467 tons per year and possible as much as 545 tons per year. The proposal was published in the New Jersey Register on December 17, 2007. A copy of the proposal is available from: www.nj.gov/dep/rules/proposals/121707b.pdf
RESEARCH STUDY FINDS ANCESTRAL WILD BROOK TROUT STILL INHABIT NEW JERSEY STREAMS Wild brook trout swimming in some of New Jersey's waters are descendants of the native species that first appeared here more than 10,000 years ago, according to the results of a genetic-research study released in March by Department of Environmental Protection Commissioner Lisa P. Jackson. "The remarkable finding of ancestral brook trout in New Jersey's streams is a testament to the importance of our strategies to protect water quality in our watersheds," Commissioner Jackson said. "We will use the findings of this valuable research to further guide conservation of New Jersey's wild brook trout and the natural ecosystems they depend on for survival." Wild brook trout populations maintain themselves in New Jersey's streams through natural reproduction, Hatchery-reared brook trout stocked in high-quality streams can survive, reproduce and interbreed with wild trout. Ancestral or "heritage" brook trout, however, are wild fish that have not interbred and retained the original genetics of their native ancestors. Although New Jersey ceased a century-old practice of stocking hatchery trout in some wild-trout waters in 1990 to protect the wild trout population, state biologists feared that heritage brook trout might have been lost to interbreeding. Further, secondary impacts of development over the years have impaired many of the cold, clear, highly oxygenated waters that wild trout need to survive, taking a toll on brook trout populations. The genetic analysis revealed the presence of heritage brook trout populations in 11 streams in two major river basins, the Passaic-Hackensack and the Raritan, and that each of the 22 wild brook trout populations studied have a unique genetic identity. The research revealed that the gene pool of at least one wild brook trout population (Cooley's Brook in the Passaic-Hackensack watershed) has been affected presumably by interbreeding with hatchery-reared trout stocked before 1990. The analysis of samples from the remaining 10 streams were inconclusive as to genetic origin of those populations. New Jersey's only native trout species and the state's official fish, brook trout colonized after the last glacial ice sheet receded more than 10,000 years ago. Today, wild brook trout inhabit more than 120 small streams cradled in the forested hills and mountains of North Jersey, and one stream in South Jersey. Partial funding for the brook trout genetics study was made possible through natural-resource damages that the DEP's Office of Natural Resource Restoration recovered from parties responsible for contamination and natural resource injuries at the GEMS Landfill in Gloucester County. To review the research report, visit: www.njfishandwildlife.com/bkt_genetics.htm (NJDEP-3/20/08)
SCIENTIFIC RESEARCH YIELDS CONSENSUS ON OPPORTUNITIES FOR A CLEANER NEW YORK/ NEW JERSEY HARBOR After seven years of groundbreaking research and consensus building, the NY/NJ Harbor Consortium of the New York Academy of Sciences, a coalition of over 70 stakeholder organizations, unveiled its final report describing an innovative and collaborative process that brought stakeholders together to recommend and implement actions leading to a more sustainable NY/NJ Harbor Watershed. The harbor project examined the causes of on-going pollution to the harbor and developed management strategies for five important contaminants: mercury (Hg), cadmium (Cd), polychlorinated biphenyls (PCBs), dioxins and polycyclic aromatic hydrocarbons (PAHs). The exhaustive report, "Safe Harbor, Bringing People and Science Together to Improve the New York/New Jersey Harbor," was presented and discussed at a New York Academy of Sciences gathering of scientists, engineers and other technical experts representing the most extensive level of environmental expertise in the region today. Highlighting the report's value the conference was attended by New York City Mayor Michael Bloomberg, Alan J. Steinberg, Regional Administrator of the U.S. Environmental Protection Agency (EPA), Ellis Rubinstein, President of the New York Academy of Sciences, R. M. Larrabee, Director of Port Commerce Department for the Port Authority of NY/NJ and Charles W. Powers, Chair of the NY/NJ Harbor Consortium. Originating from a 1998 EPA proposal, the NY/NJ Harbor Consortium of the New York Academy of Sciences has been meeting-in plenary and in diverse technical groupings-to explore ways to identify the sources of five contaminants in the watershed and make recommendations to reduce their environmental impacts. Today's final report presents consensus recommendations based on sound science to clearly outline opportunities for environmental improvement and collective action. "A healthy harbor is a regional priority with national significance," said Alan J. Steinberg, EPA Regional Administrator. "EPA is proud to have supported and partially funded this broad-based coalition of collaborative problem solvers, and even more proud to see final recommendations that will encourage others to seize those opportunities to be good environmental stewards." "The harbor is not only an environmental treasure but the lifeblood of some of the most efficient aspects of our regional economy. The harbor deserves concerted efforts from all of us-big institutions, small municipalities and families-to make it even healthier. Remarkably, key people from 70 institutions were able over 7 years to agree on literally hundreds of ways-based on the data-to do just that. The achievement is worthy of not only celebration but of being emulated for other tough but resolvable social policy challenges," said Charles W. Powers, the Consortium's chair for the life of the project. "The Port Authority of New York and New Jersey is proud of our decade-long association with the Harbor Consortium and the New York Academy of Sciences Industrial Ecology, Pollution Prevention Study for the New York/New Jersey Harbor. The Harbor Consortium members, though representing diverse and sometimes competing interests, were able to achieve consensus on the industrial sources of contaminants in the harbor and ways to prevent them from entering the watershed. The award winning pollution prevention strategies developed by the Consortium will lead to a cleaner and healthier Harbor and ultimately reduce the cost associated with maintaining safe navigation channels for the thousands of vessels calling at the port," said R. M. Larrabee, Director of Port Commerce Dept. for the Port Authority of NY/NJ. "We're very pleased to see the completion of the final report of the Academy's Harbor Project, our multi-year study of the pollution threats facing the New York/New Jersey harbor," NYAS President Ellis Rubinstein said. "This project has been instrumental in bringing together representatives of the many communities deeply concerned about these critical environmental issues and committed to working collaboratively to develop scientifically sound pollution prevention strategies. The result has been a rich collection of reference materials readily available to anyone interested in these important problems." The New York/New Jersey Harbor faces a long list of complex and controversial environmental issues. The NY/NJ Harbor Consortium of the New York Academy of Sciences has achieved extraordinary results by harnessing scientific expertise from a diversity of sources to create a forum for holistic discussion and decision-making. Results and recommendations from this research have been published and released in stages beginning in 2002 and ending in 2007 with the publication of the final report on PAHs. Through a broad array of governmental actions and local initiatives a significant number of these recommendations have been, or are being, implemented. The actual reports of the NY/NJ Harbor Consortium and their many recommendations are available at: www.nyas.org/programs/harbor.asp. The NY/NJ Harbor Consortium achievements and published works provide a guide applicable for developing achievable solutions to several kinds of highly complex problems. The five reports have become a major reference and educational source of information for a diverse global audience. To access the "Safe Harbor" Report of the New York Academy of Sciences Harbor Consortium, please visit: www.nyas.org/programs/harbor/Safe_harbor.pdf (NY/NJ Harbor Consortium Issues Final Report-4/3/08)
DEP TO PROPOSE MAJOR REFORMS TO SITE REMEDIATION PROGRAM The New Jersey Department of Environmental Protection (DEP) has embarked upon a process to significantly reform its Site Remediation Program in response to years of criticism by the regulated and environmental communities, an overwhelming backlog to open cases (now 20,000), and recent high-profile incidents, such as Kiddie Kollege" where young children were exposed to mercury at a day care center located within a former manufacturing facility. What remains to be seen is whether DEP can effectively reform the program to provide better cleanups, without squelching Brownfields redevelopment that is so important to the state.In October 2007, DEP Commissioner Lisa Jackson responded to much of the criticism of the program during testimony before the Senate Environment Committee and proposed areas for reform that DEP would consider, including those requiring legislative, regulatory and policy changes. Senator Robert Smith, Chairman of the state Senate Environment Committee, asked DEP to convene a "Stakeholder" group to develop specific recommendations. DEP Assistant Commissioner, Irene Kropp, chaired the Stakeholder group, which includes representatives of business and industry, real estate developers, environmental and community groups, trade unions, municipalities and environmental professionals. From the discussion during a series of Stakeholder meetings, DEP drafted white papers on a variety of site remediation topics, which can be found at: www.nj.gov/dep/srp/stakeholders/whitepapers/. DEP's goal for the Stakeholder review process recognized that the Site Remediation Program must be strengthened, but in a manner to avoid changes that would disrupt redevelopment of brownfields and to balance environmental protection and public health concerns with economic growth. According to Assistant Commissioner Kropp, DEP is now considering more than 50different reform proposals, including: - Use of a Licensed Site Professional program, similar to that of Massachusetts, to outsource much review of site cleanups. - Presumptive remedies for many sites, including child care centers, schools, and certain residential and landfill sites. - A permit program to track monitoring and maintenance of engineering and institutional controls used to "cap" contamination. - A more aggressive enforcement program. - Giving DEP, rather than site owners, authority to select the remedy for certain contaminated sites. - Expanding use of remediation funding sources. - Increased funding for municipalities and child care centers. - Developing a new ranking and tracking system for contaminated sites. - Discontinuing issuance of Letters of Non-Applicability with respect to the Industrial Site Recovery Act. At the time of this writing, the proposals are under review by Commissioner Jackson, with a further meeting of the Stakeholders and legislative hearings planned for this spring. Soil remediation standards proposed by DEP in 2007 will be adopted and published in June. Impact to groundwater standards for soil also proposed in the rule will not be adopted, but will be issued as guidance. Rules requiring greater notice of site remediation activities to the public also will be adopted soon. These changes are likely to have a significant effect on the cleanup of contaminated sites and processing of these cases by DEP. Many of the issues addressed by DEP and the Stakeholders will find their way into proposed legislation, regulations and agency policy, as continuing pressure is applied to reform the state program. What is important is that reasonable voices prevail in the urge to reform, so that DEP program can ensure that the public is better protected from contaminated sites, without adopting needlessly stringent requirements, such as many proposed during implementation of the 1983 Environmental Cleanup Responsibility Act (ECRA). ECRA was reformed in 1993 precisely because the cleanup and redevelopment of formerly industrial "brownfields" was squelched by overly conservative cleanup standards and procedures. (Riker Danzig Env. Update - 4/2008)
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