Lisa Jackson, Commissioner for the New Jersey Department of Environmental Protection [NJDEP] recently pushed forward a heightened standard for chromium cleanup levels.  The standard was reduced from an allowance for 240 parts per million to 20 parts per million for hexavalent chromium. Parts per million, or ppm, refers to the concentration of a given particle in soil or groundwater. The federal government is currently undergoing a study of chromium and is expected to issue strict guidelines regulating the acceptable levels. 

In addition to heightened standards, Jackson also lifted a former moratorium issued by the previous DEP Commissioner Bradley Campbell.  This allows the issuance of No Further Action Letters (NFA’s) and Remedial Action Workplans on sites that had formerly been stalled for redevelopment, particularly in Hudson County. Unconditional NFA’s can now be issued for these sites based on cleanup to the current standard of 20 ppm or treatment in place that reduces the levels of chromium to 20 ppm. 

Despite the recent changes, numerous sites have been redeveloped under the old standards, including the Port Imperial residential project in Weehawken and the Liberty National Golf Course in Jersey City. Numerous sites along Route 440 in Jersey City have been built on sites that were formerly contaminated with chromium. Heightened standards for hexavalent chromium raise the question of the safety of structures already built on these sites. In addition, many of these sites used capping in place to contain the hazardous material.   

Honeywell has already begun the remediation of the former Roosevelt drive in site on Route 440 in Jersey City, based on the old standards for clean up. The former cost of the remediation was estimated at over $400 million and over 100,000 truckloads of material to haul the contamination off site to a landfill.  Honeywell has not been given permission to use a cap in order to contain the hazardous material on site.  With heightened standards for cleanup, the economic feasibility becomes an even greater challenge.  

Much of the move towards cleanup has been pushed through by litigation, often fueled by local community groups such as the Interfaith Community Organization in Jersey City.  Interfaith pushed the site towards full remediation in order to set a precedent so that other property owners would not be able to cap chromium in place.    

All of these issues spotlight the historic difficulty associated with brownfield redevelopment.  There are fewer locations with pristine land available to build upon.  Brownfield sites present an additional social challenge because communities want to ensure that the redevelopments will be safe. 

It is important that communities know that most site redevelopers acquire an environmental engineer or specialist to advise on the remediation prior to development.  The environmental professional will design a system that will remain in place after contamination is removed, in order to eliminate the risk associated with these contaminants.  Levels of hazardous waste, whether chromium or other residual contaminants, are then cleaned up to the levels as required by the regulating agency, typically the state DEP.  

Once a site has undergone remediation, or cleanup to the minimum standard required by the DEP, numerous precautionary measures are implemented prior to building.  A developer may bring in several feet of clean fill in addition to a gravel venting layer which provides a backup system should vapors rise into the sub-grade of the structure.   The vent system will systematically relieve vapors from underneath the building and push them to the outside environment where the vapors will be reduced to non-hazardous concentrations. 

An additional belt and suspenders used to ensure a safe redevelopment is the gas vapor barrier.  Various sites have used vapor barriers, such as the spray applied membrane Liquid Boot® which is applied as a seal underneath the building footprint to prevent any vapors or contaminants from entering into the structure.  Use of vent systems and vapor barriers involve both qualified installers and quality control of an experienced environmental professional.  

Another important facet of the science behind chromium cleanup is technologies that can transform the material from hexavalent chromium (hazardous) to trivalent chromium, which is non-hazardous.  All chromium above 20 ppm can be treated and left on site, under the new regulations, which avoids the costly hauling and disposal methods that are traditionally used. 

 Sound science is the basis of much of the cleanup methodology and criteria outlined and implemented in New Jersey.  The greatest challenge is striking the right balance between safety and the economic feasibility of redevelopment.  Leaving sites idle or blighted for decades does not solve the underlying problem.  Currently, many sites are economically “upside-down” and there is little incentive to clean up short of forcing the responsible parties to perform the remediation. Scientific methods and technologies for cleanup and on site remediation are the key to cost savings that will spur redevelopment.   

Hudson County alone has 184 sites affected by the new policy changes.  Mayors have to be aware of the current regulations, and how to work through these regulations to get brownfield sites on their tax rolls. The issue is not about right or wrong policy.  The question is always about the trade off between regulation and redevelopment, backed by the proper science and methodology for cleanup to ensure their safety. Between Mayors, state regulators, developers and environmental professionals, we can move towards striking a balance between policy and redevelopment to ensure that our local communities progress for the benefit of everyone, and not at anyone’s expense.