Ecological Evaluation Technical Guidance - State of New Jersey

when site conditions are most similar to those that existed at the time of sampling. Inaddition, screening criteria do not necessarily reflect the entire range of possible siteconditions and, as such, the applicability of conclusions is also restricted by thesesimplifications.The investigator is referred to Suter et al. 2000 for a comprehensive discussion onuncertainty and the methods for calculating it.9.0 Risk Management ConsiderationsDecisions about whether estimated ecological risks are unacceptable and how to managethem require consideration of the magnitude of the estimated risk and the weighing ofexpected benefits against the expected short- or long-term harm that might be caused bythe proposed action. Risk Management Decisions (RMDs) are made in a process notdriven wholly by technical information even though the potential for ecological risk is amajor component of the decision making. RMDs cannot be performed until ERA hasbeen completed and ecological-based risk goals have been calculated. Overviews ofecological risk management can be found in Pittinger et al., 2001a; Pittinger et al.,2001b; Stahl et al., 2001; Wentsel et al., 2001; and USEPA, 1997a.9.1 Soil Remediation Standards and Deed NoticesRemediation to the Soil Remediation Standards (SRS) found at N.J.A.C. 7:26D -Remediation Standards is not appropriate in ESNRs because the SRS are based onhuman health and assume human exposure in a residential or industrial setting.Human exposure to contaminated media within an ESNR would not be expected atthe same exposure level as in a residential or industrial setting. Human exposure tomedia in ESNRs is generally limited, while exposure to ecological receptors is ofgreater concern. Therefore, deed notices and engineering controls for human healthpurposes are not applicable or relevant in ESNRs that consist of open water bodies orwetlands. ESNRs that consist of uplands where future use may change may require adeed notice as the intention of a deed notice is the protection of public health in theevent of a change in site use. Deed notices contain written notice to current andfuture property owners of post-remedial contaminants that will remain at a site aboveSRS, including when engineering controls are used to mitigate human exposure.Therefore, when the site-specific ecological risk-based remediation goals areachieved via site remediation, the appropriate receptors are protected and the need fordeed notices and engineering controls, which require costly permitting and biennialcertifications, is negated for most ESNRs. This approach is appropriate in areasdesignated as preserved in perpetuity (e.g. conservation easements, farmlandpreserved areas, wetland mitigation areas protected pursuant to 7:7A-15.14), becausefuture development is restricted. However, for upland ESNRs, where no suchrestrictions exist and where there is the potential for future development (e.g. uplandforest that may be developed into residential use or where the soil may be used as fillon another site), a deed notice will be required.9.2 Risk Management DecisionsThe approach to setting potential remediation goals has been described in Section 7.0.RMDs involve adjusting ecological risk-based remediation goals for remedialEcological Evaluation Technical Guidance Document 84Version 1.2 8/29/12