Guidance for the Issuance of Response Action Outcomes

1 New jersey Department of Environmental Protection site Remediation and Waste Management Program Guidance for the Issuance of Response Action Outcomes April 2016. Version Table of Contents I. Introduction .. 4. II. Issuing Response Action Outcomes .. 5. A. To Whom an RAO is issued .. 5. B. When to Issue an RAO .. 5. III. Payment of Department Fees .. 6. IV. Response Action outcome Reference Re: Section Overview .. 6. V. Response Action outcome Variations .. 7. A. Remedial Action Type (Extent of Remediation).. 7. 1. Unrestricted Use RAO .. 7. 2. Limited Restricted Use 8. 3. Restricted Use RAO .. 8. B. Scope of Remediation for RAOs: .. 9. 1. Area(s) of Concern [AOC(s)] .. 9. 2. Entire site .. 10. 3. ISRA Industrial Establishment as defined according to 7:26B .. 10. 4. Child Care Facility .. 12. VI. Issuing RAOs Involving Ground Water Remedies and Coordination with Remedial Action Permits.

2 12. A. Ground water is remediated to the Ground Water Remediation Standards ( 7:26D): Unrestricted Use RAO .. 12. B. Ground water contamination remains above the Ground Water Remediation Standards: Limited Restricted Use RAO .. 12. C. Ground water remains above the standards and cannot be remediated due to technical impracticability: Restricted Use RAO.. 12. VII. Compliance with All Remedial Action 13. VIII. List of Notices in the RAO .. 13. A. General Notices .. 14. B. Contamination Remaining On- site Notices .. 15. C. ISRA Specific Notices .. 24. D. Child Care Facility Notices - To Be Used For Child Care RAOs Only .. 25. IX. Approval Process for Modification of the RAO Model or RAO Notices .. 27. Guidance for the Issuance of Response Action Outcomes Page 2 of 44. Version 04/12/2016. Attachment 1 RAO Shell Document .. 28. Attachment 2 Response Action outcome Issuance Examples.

3 36. Attachment 3 Response Action outcome Quick Reference Checklist .. 38. Attachment 4 Amended Response Action outcome Language To Be Used When Amending Administrative 42. Attachment 5 Withdrawing a Response Action outcome .. 44. Guidance for the Issuance of Response Action Outcomes Page 3 of 44. Version 04/12/2016. Guidance for the Issuance of Response Action Outcomes I. Introduction The New jersey Department of Environmental Protection (Department) has issued this Guidance document to assist Licensed site Remediation Professionals (LSRPs) in the following: When an LSRP may issue a Response Action outcome (RAO). The different types of RAOs The structure of an RAO. To whom the RAO may be issued When to include specific Notices and reporting requirements in an RAO. How to Modify an RAO. How to Amend an RAO. How to Withdraw an RAO. With the enactment of the site Remediation Reform Act (SRRA; 58:10C-1 et seq.)

4 , and related amendments to the Brownfield and Contaminated site Remediation Act (Brownfield Act; 58:10B-1 et seq.), the determination that a remediation of a contaminated site or area of concern (AOC) is protective of public health and safety and the environment, will rest with an LSRP. An LSRP will make that determination based on the remediation conducted, supervised and\or reviewed, and ultimately accepted by the LSRP using their independent professional judgment. In accordance with SRRA, an LSRP is authorized to memorialize the completion of remediation by issuing an RAO to the person(s) responsible for conducting the remediation. The RAO represents the LSRP's opinion that: 1. There are no discharged hazardous substances or hazardous wastes present at a site or area of concern;. or 2. There are discharged hazardous substances or hazardous wastes, present at the site , area of concern and/or migrating from the site that have been remediated in accordance with all applicable statutes, regulations, and Guidance ; or 3.

5 There are discharged hazardous substances migrating onto the site for which the person responsible for conducting the remediation is not responsible to remediate; and 4. The remedial Action undertaken is protective of public health, safety and the environment. Pursuant to the Administrative Requirements for the Remediation of Contaminated Sites (ARRCS, 7:26C), an LSRP is expressly prohibited from modifying the content of an RAO except as provided for in this Guidance , or if written pre-approval was obtained from the Department. An LSRP cannot apply variance provisions in any Department rule to an RAO. References to Child Care Facilities in the Model RAO document should not be included in non-child care RAOs. For additional information regarding Child Care RAOs, refer to the Environmental Guidance for All Child Care Facilities and Educational Facilities at Guidance for the Issuance of Response Action Outcomes Page 4 of 44.

6 Version 04/12/2016. II. Issuing Response Action Outcomes A. To Whom an RAO is issued An LSRP shall issue an RAO to the person(s) responsible for conducting the remediation. The LSRP. shall not issue the RAO until (a) remediation is completed and (b) if necessary, all remedial Action permits have been issued by the Department. Additional requirements are described elsewhere in this document, and in ARRCS, 7 Pursuant to the Brownfield Act at 58 (2)(b), an LSRP is not required to be retained when conducting a due diligence investigation for the purpose of all appropriate inquiry into previous ownership and uses of the property, as defined in the Spill Compensation and Control Act (Spill Act). at 58 If, as a result of the due diligence investigation, it is desired to obtain a final remediation document ( , an RAO), the person responsible for conducting remediation is required to retain an LSRP and perform the remediation pursuant to ARRCS, 7 If the person responsible for conducting the remediation is not the property owner, include the property owner in the cc list of the RAO letter.

7 B. When to Issue an RAO. An LSRP may issue an RAO after the completion of any phase of remediation that demonstrates that the site or AOC has been investigated and, if necessary, a remedial Action implemented, in accordance with ARRCS, 7:26C, and the Technical Requirements for site Remediation (Technical Requirements), 7:26E, and applicable Guidance . An LSRP may issue an RAO when contamination remains on- site , only when that LSRP determines and/or documents that: Contamination is migrating or has migrated onto the site and a Preliminary Assessment (PA), and, if necessary, site Investigation (SI) for the contaminant(s) migrating onto the site has shown that the site receiving the RAO has not contributed to that contamination;. The contamination was naturally occurring and there were no discharges of the same contaminants from the site . The Department has issued a remedial Action permit that includes institutional and/or engineering controls.

8 All other applicable permits have been issued and obtained prior to issuing the RAO;. Contamination has been remediated to levels established in an approved remedial Action work plan and if a new remediation standard was subsequently established for a contaminant at the site , then the new standard decreased by less than an order of magnitude from the previous standard;. Contamination has been remediated and there is less than an order of magnitude difference between a new remediation standard and residual contamination that has been left on a site that is subject to a final remediation document [No Further Action (NFA)/ Response Action outcome (RAO)];. An area of concern RAO can be issued for AOC(s) that have been remediated, regardless of whether contamination remains from the other AOC(s) that is/are undergoing remediation at the site .

9 Guidance for the Issuance of Response Action Outcomes Page 5 of 44. Version 04/12/2016. A soils-only RAO can be issued, while ground water contamination remains from the site or AOC(s) that is/are undergoing remediation;. Contamination remains on- site associated with a specific ISRA industrial establishment exempted AOC(s). Refer to the Industrial site Recovery Act Rules, 7 , for additional information. All Immediate Environmental Concern (IEC) conditions have been mitigated prior to issuing the RAO. AOC-specific RAOs not associated with the IEC condition may be issued prior to mitigation of the IEC. III. Payment of Department Fees In accordance with 7 (a)3, prior to the Issuance of any RAO, the person responsible for conducting the remediation and the LSRP must ensure that all fees and outstanding oversight costs owed by the person(s) responsible for conducting the remediation have been paid.

10 IV. Response Action outcome Reference Re: Section Overview The following is a brief overview of the Reference section of the RAO letter. The RAO is defined by the information provided within it: Remedial Action Type 1. Unrestricted Use Remediation No restrictions 2. Limited Restricted Use Remediation Institutional Control {Deed Notice and/or Classification Exception Area (CEA) [Remedial Action (RA) Permit]}. 3. Restricted Use Remediation Engineering Control and Institutional Control {Deed Notice and/or CEA [Remedial Action (RA). Permit]}. Scope of Remediation 1. Entire site vs. one (1) or more AOCs AOC can be specific area or media 2. ISRA Industrial Establishment - Entire site vs. Leasehold Include the ISRA case number(s) and all ISRA transaction triggering event(s) specific to the RAO-Entire site or Leasehold being issued. The ISRA case number(s) and ISRA transaction(s) should not be included in an RAO-Area of Concern.