Ecological Evaluation Technical Guidance - State of New Jersey

environmentally sensitive areas pursuant to the Discharge of Petroleum and OtherHazardous Substances, N.J.A.C. 7:1E-1.8, available athttp://www.nj.gov/dep/rpp/brp/dp/downloads/NJAC_7_1E.pdf, and Pinelands pursuantto N.J.S.A.13:18A-1 et seq. and N.J.A.C. 7:50, available athttp://www.state.nj.us/pinelands/images/pdf%20files/pinelandsprotectionact1.pdf.EEs are required for all contaminated sites pursuant to N.J.A.C.7:26E 1.16 ReceptorEvaluation and N.J.A.C. 7:26E-4.8(a) and 4.8(b) Remedial Investigation of EcologicalReceptors. If the EE indicates that additional ecological investigation is necessary, thenan ERA is required pursuant to N.J.A.C. 7:26E-4.8(c), Remedial Investigation ofEcological Receptors. EEs must be conducted by a person experienced in the use oftechniques and methodologies for conducting ERAs (C.58:10C-16 (c)). For new cases(initiated remediation after November 4, 2009) or existing cases (initiated remediationbefore November 4, 2009) that have opted into the LSRP program, or after May 2012, theinvestigator may either: (1) be an LSRP, (2) be directly overseen and supervised by anLSRP, or (3) have the EE reviewed and accepted by an LSRP.3.0 Document OverviewThis document provides technical guidance on how to conduct an Ecological Evaluation(EE) and an Ecological Risk Assessment (ERA) pursuant to N.J.A.C. 7:26E-1.16andN.J.A.C. 7:26E-4.8 in environmentally sensitive natural resources (ESNR) associatedwith contaminated sites. Guidance is also provided for the derivation of site-specificecological risk-based remediation goals, determination of Risk Management Decisions(RMD), preparation of the EE and ERA reports, management of special circumstances,and implementation of required data quality assurance and quality control (QA/QC)measures as per N.J.A.C. 7:26E-2.The guidance first describes how to conduct an EE, which is initiated during the SiteInvestigation (SI) pursuant to N.J.A.C. 7:26E-1.16. The EE is conducted to examine thesite for the co-occurrence of the following:(1) ESNRs on, adjacent to, or potentially impacted by the site;(2) the presence of Contaminants of Potential Ecological Concern (COPEC) at thesite or area of concern (AOC) and in the ESNRs (e.g., contaminants withconcentrations in excess of aquatic Surface Water Quality Standards (SWQS) orecological screening criteria (ESC)); and(3) the presence of a contaminant migration pathway (historic or current) from thesite to the ESNR or evidence of contaminated material having been placeddirectly into an ESNR. As part of the SI, an EE must be performed within theregulatory time frame of one year from the initiation of remediation (N.J.A.C.7:26C-3.2). The mandatory time frame associated with this requirement is twoyears from the initiation of remediation (N.J.A.C. 7:26C-3.3). The outcome ofthe EE will be a recommendation either to conduct an ERA or to not conduct anyfurther ecological evaluation.Guidance is then provided on how to conduct the ERA, a component of the RemedialInvestigation (RI) pursuant to N.J.A.C. 7:26E-4.8. The ERA is a quantitative assessmentof the actual or potential impacts of COPECs from a contaminated site on ecologicalEcological Evaluation Technical Guidance Document 8Version 1.2 8/29/12