On May 25, 2022, BCONE Board Member Robert Crespi, Esq. had the pleasure of speaking to the NJ Business and Industry Association’s Energy and Environment Committee. He followed a presentation by NJDEP Assistant Commissioner Mark Pedersen, who shared these data on the recent decision-making process on extension requests:

• 1742 total extension requests received by NJDEP for May, 2022 deadlines.
• 867 were approved for regulatory extensions; 175 were denied for regulatory extensions.
• 616 were approved for mandatory extensions; 84 were denied  for mandatory extensions.

Most of the denials were due to a previously missed deadline or because their extension request for 2022 was submitted late.

BCONE worked with other organizations such as LSRPA and the Site Remediation Industry Network to  constantly kept the issue of the upcoming deadlines in front of NJDEP. NJDEP to its credit conducted a very timely extension review process.

BCONE is pleased to see the approval rate for the mandatory extensions.  Once NJDEP engaged in real dialogue with us about extension documentation suggestions and requirements, we were able to share that with members and their clients in time for them to submit approvable extension requests that reflected all of the remedial work that had been ongoing while also documenting what was left to be completed.  As BCONE members know, remediated sites are an economic and community revitalization tool for NJ and all states! 

Mr. Crespi also took time in his presentation to point to the ongoing delay times at NJDEP in the review of Remedial Action Permits and accompanying Remedial Action Reports.  There is a growing concern among BCONE and other organizations that many of the department reviews seem to be harkening back to the component reviews of the “old” case management program--asking for more sampling, etc.-- despite the professional certification by an LSRP that the remediation is complete and is protective of human health and the environment.  The process streamlining advantages provided by the LSRP program are not being met, presenting slowdowns at redevelopment sites so important to New Jersey’s sustainable revitalization.

You can download the NJBIA Presentation here.

Posted May 26, 2022