1. www.connellfoley.com
New Jersey Section of the
American Industrial Hygiene Association
September 17, 2015 Dinner Meeting
Topic: Vapor Intrusion and IAQ: Legal Case Studies in EPA and NJDEP
Site Remediation – Discussion regarding the legal implications on
federal and NJ cleanup standards and remedial efforts.
Speaker: Steve Barnett, P.E., CIH, MSPH, Esq.; Partner, Law Offices
of Connell Foley LLP
2. New Jersey Site Remediation Reform Act
(SRRA)
• Effective May 7, 2009
• Created Licensed Site Remediation Professional (LSRP) license
and program
• A person who initiates a remediation of a contaminated site
December 7, 2012 or after shall hire a LSRP to perform the
remediation
• No later than May 7, 2012, a person responsible for
conducting the remediation, no matter when the remediation
is initiated, shall retain a LSRP
3. New Jersey Site Remediation Reform Act
(SRRA)
• "Remediation" or "remediate" means all necessary actions to
investigate and clean up or respond to any known,
suspected, or threatened discharge of contaminants,
including, as necessary, the preliminary assessment, site
investigation, remedial investigation, and remedial action,
provided, however, that "remediation" or "remediate" shall
not include the payment of compensation for damage to, or
loss of, natural resources.
4. New Jersey Site Remediation Reform Act
(SRRA)
• LSRP’s
– LSRP retention form
– LSRP comprehensive report on NJDEP website
– NJDEP regulations and guidance
– Entire file to LSRP upon issuance of RAO
– LSRP Board
• 50% of complaints to Board are brought by NJDEP
6. Groundwater Vapor Intrusion (VI)
• NJDEP Guidance, October 2005, revised March 2013
• VI in structures within 30 or 100 feet of groundwater
exceeding groundwater screening levels
• Soil gas, subslab, indoor air sampling. Compare results to
NJDEP screening levels
• Not applicable to workplaces which use the same materials as
in groundwater (OSHA governs)
• Screening levels orders of magnitude lower than OSHA
permissible exposure levels
7. Groundwater Vapor Intrusion (VI)
• Within 60 days after determining the need to conduct a
receptor evaluation of the vapor intrusion pathway pursuant
to (a) above, the person responsible for conducting the
remediation shall:
– 1. Identify all buildings and subsurface utilities located within the
vapor intrusion investigation trigger distances . . .
• Within 150 days after determining the need to conduct a
vapor intrusion investigation pursuant to paragraph (a) above,
the person responsible for conducting the remediation shall:
– 1. Notify the Department . . .
8. Groundwater Vapor Intrusion (VI)
• Except as provided in (e), (f), and (g) below, within 30 days after
receipt of the analytical data concerning vapor intrusion sampling
conducted pursuant to (c) above, the person responsible for
conducting the remediation shall:
– 1. Submit all vapor intrusion analytical results with maps and figures
related to the vapor intrusion sampling to the Department with
• (e) When any indoor air results are greater than the Department's
vapor intrusion indoor air screening levels, but less than or equal to
the Department's vapor intrusion rapid action level (i.e., a vapor
concern), and are determined to be related to a discharge, the
person responsible for conducting the remediation shall:
– 1. Within 14 days after receipt of the analytical results:
• i. Submit notification of the exceedance of the vapor intrusion indoor air screening levels
on a form found on the Department's website
9. Groundwater Vapor Intrusion (VI)
• (f) When any indoor air results are greater than the
Department's vapor intrusion rapid action level, the
person responsible for conducting the remediation
shall:
– 1. Immediately notify the Department
• (g) When any indoor air results are greater than the
Department of Health and Senior Services notification
levels for indoor air available on the Department's
website at www.nj.gov/dep/srp/srra/guidance, the
person responsible for conducting the remediation
shall:
– 1. Immediately notify the Department
11. Groundwater Vapor Intrusion (VI)
• NJDEP VI Guidance APPENDIX G - Background Volatile Levels
in Homes: Literature Review
• Benzene
– Indoor air VI screening level: 2 ppb
– Table G-4 ambient indoor lelves in New Jersey: 5.2-15 ppb
– OSHA PEL: 1 ppm
– ACGIH TLV: 0.5 ppm
• TCE
– Indoor air VI screening level: 3 ppb
– Table G-3 maximum concentrations in indoor air: 13 ppb
– OSHA PEL: 100 ppm
– ACGIH TLV: 10 ppm
12. Groundwater Vapor Intrusion (VI)
New Jersey Madden Act for schools and day cares
• New Jersey Department of Health Consultants Who have
been Certified to Conduct Indoor Environmental Health
Assessments in Day Care Centers and Educational Facilities
• 38 firms
13. Groundwater Vapor Intrusion (VI)
Conclusions
• LSRP’s highly regulated
• VI screening levels orders of magnitude lower than OSHA
standards
– Sampling and analytical challenges
– Interferences, alternate sources other than groundwater
– Public health and environment considerations
• CIH’s can have a role
– Very applicable education, training, experience
