environmental law

New NJDEP RAO Guidance Version 3.1

In November 2021, NJDEP released Version 3.1 of the Response Action Outcome (RAO) Guidance Document and provided online training.

An RAO is issued by the LSRP to the Person Responsible for Completing Remediation to document the remediation complies with the applicable statutes, rules and regulations and documents site conditions. RAOs are issued when any phase of remediation demonstrates there is no discharge, or the area of concern has been remediated and all applicable permits were obtained.

Version 3.1 of the guidance provides additional clarification and instruction for the completion of RAOs, as well as the use of notices.

The NJDEP also added several new notices:

Transfer of Monitoring Well Use allows monitoring wells to be redesignated for an unrelated case. Sediment Contamination from an Off-Site Source Not Remediated is used when a Preliminary Assessment or Site Investigation for the remediation project find that the site did not contribute to contamination.

Indeterminate Vapor Intrusion (VI) Pathway Not Yet Evaluated is for use when indoor air at an on- or off-site structure has not been completed due to the use of the chemicals of concern in the building.

Long-Term Vapor Intrusion Monitoring is used when contamination is above the Soil Gas Screening Levels but below the Indoor Air Screening Levels or Remediation Standards.

Three commingled plume notices, previously presented in the Commingled Plume Technical Guidance, are now included in the RAO Guidance. One is associated with an off-site release, and two are associated with a second onsite release.

In addition to the RAO shell document and instructional examples for establishing a RAO, the Guidance now provides instructions and a shell document for withdrawal of an RAO. A tabular RAO Type Decision Matrix is provided that guides the preparer to the correct RAO based on site conditions.

NJDEP also provided training for the future online submission of RAOs. A notice will be published in the New Jersey Register providing the date that the RAO E-Portal service will be mandatory.

To access more business news, visit NJB News Now.

Related Articles: