Technical Guidance Overview
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1 Technical Guidance Overview George Nicholas Chairperson - DEP Technical Guidance Development NJDEP - Site Remediation Program george.nicholas@dep.state.nj.us 1
2 Presentation Overview Technical Guidance Program, Committees Document Review Process and Training Variance from Rule and Application of Guidance Updating Technical Guidance 2
3 DEP/SRP and LSRP Program: Laying a foundation for the future LSRP Program GUIDANCE RULES 3
4 Technical Guidance Committees Composed of : DEP Staff and outside Stakeholders Tasks: Develop Technical Guidance Document Move prescriptive requirements from Tech Rules to Tech Guidance Coordinate with Tech Rule Committee Develop training on Guidance doc. 4
5 Stakeholder Input SRRA requires the Department to involve stakeholders N.J.S.A. 58:10C -14c(3) But its more than that... Provides forum for collaboration Creates a process for consensus building Provides more balance to guidance documents Improves working relationships Review process: improves document quality Info exchange training development Working Together 5
6 Review Process for Draft Technical Guidance Documents Internal NJDEP review: Distributed to SRP Bureau Chiefs, Assistant Directors and SRP Assistant Commissioners office All SRP Staff provided opportunity to review External Stakeholder Review: Distributed to Stakeholders on each of the NJDEP Technical Guidance Committees Stakeholders requested to coordinate document review within their respective Stakeholder Groups 6 Steering Committee Fatal Flaw Review Distributed to SRRA Steering Committee for high Level review.
7 Technical Guidance Documents FINALIZED LNAPL Receptor Evaluation Presumptive Remedies IECs Alternate Fill / Clean Fill Historic Fill Ecological Investigation Conceptual Site Model Vapor Intrusion Linear Construction Soil Tech Rules [Prelim Assess] DRAFT GW Tech Rules Soil Tech Rules [SI/RI/RA] Soil Tech Rules [UST/LF] Monitored Natural Atten. Analytical Methods Attainment Tech. Impracticability 7
8 Technical Guidance Training Schedule Linear Construction + CSM - Jan 30 Vapor Intrusion - Feb 13 PA & SI/RI/RA/Soils - Feb 29 PA/SI/RI/RA/Groundwater + MNA - Mar 6 PA/SI/RI for USTs and Landfills - Mar 27 Technical Impracticability - Apr 10 QA/QC - TBD Attainment - TBD (dates may change for some sessions) 8
9 Rule Variance/Technical Guidance Policy Paper: Varying from a Rule and Applying Technical Guidance (Nov 2011) Posted on DEP Website at: ant_messages/variance_and_bpj.pdf Describes current process for applying for variance and use of Technical Guidance 9
10 Variance from Regulation (Current) Current process outlined in N.J.A.C. 7:26E-1.7. (Tech Reqs) In next relevant submittal, must: Provide applicable rule citation Describe how the variance differs from rule cited Document that the variance provides: Verifiable and reproducible results; Achieves the objective of the cited rule; and Furthers attainment of specific remedial phase. 10
11 Variance from Regulation (Proposed Rule) Before work is conducted, must submit: A Variance Form (new), and Info currently required in Rule (see previous slide) Note: Department approval is not required for work to proceed Intent is allow the Department the option to observe work Since Tech Rules will be more performance based; request for variance considered important 11
12 Technical Guidance: Use of Professional Judgment LSRPs may use alternate guidance and/or approaches If there s no DEP Guidance, or it is not considered appropriate or necessary However, must explain why, and Document decisions are protective complexity of explanation relative to site complexity 12
13 Updating Technical Guidance Documents will be revised in response to Changes in Regulations and/or advances in Technology Major changes: Committee reconvenes to evaluate document revision Minor changes: Committee Chair will review 13
14 Feedback It s important to receive feedback on Document usability Problems encountered Suggested updates New topics for Guidance Feedback Link on NJDEP-SRP Website nj.gov/dep/srp/srra/feedback.htm 14
15 Thank You For Your Time George Nicholas NJDEP-SRP Committee Chair Technical Guidance Program 15 QUESTIONS
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