Platform Update

April 2008

SITE REMEDIATION: On Tuesday, the State Chamber, through the efforts of Platform members Jorge Berkowitz and Stewart Abrams (both with Langan Engineering & Environmental Services), provided testimony before a special joint hearing of the Senate and Assembly Environment Committee regarding the Site Remediation Program at DEP.

State Chamber Vice President Michael Egenton made reference to and provided copies of the State Chamber’s site remediation benchmarking study to all members of the committees and their legislative staff. He said the study confirmed that the “process” within the Site Remediation Program is broken - it takes far too long to cleanup properties and to get decisions made. He suggested that the State needs to look at how other states are expediting cleanups and to give serious consideration to the Licensed Site Professional (LSP) concept utilized in Massachusetts. If we improve the process, it will essentially be a win-win for all – old brownfield sites can be turned over to viable properties that put those sites back into productive use and give the local municipalities an opportunity to collect more rateables in these tough economic times – or – the municipality can simply decide to preserve that parcel of land as open space or a park.

Dr. Jorge Berkowitz focused on two major issues: lack of resources in the DEP and programmatic reform. He advocated for the creation of Licensed Site Professional Program which would rely on site remediation experts to assist in site cleanups. Such a program must vet carefully those who are allowed to participate and hold those accountable for their representations to the Department. However, the DEP must commit to having this program work for it will not in the context of a command and control relationship. The relationship must engender flexibility and consistent communications. The effectiveness of this new effort will be in the specifics as to how it is to be implemented. With regard to programmatic reform, Dr. Berkowitz said private parties - not the government, are currently cleaning up the state. He said the DEP and the State Legislature must incentivize - not disincentivize – cleanups. He added that the technical requirements are too prescriptive and they utilize a “one size fits all” concept in a world where no two sites are identical. He suggested more flexibility to allow for the professional judgment of case managers in their approval process. Dr. Berkowitz also called for the use of presumptive remedies for a site remediation in order to move into remediation quicker and to establish timeframes for Departmental review.

Stewart Abrams discussed the LSP program in Massachusetts, stating that there is strong confidence in the LSP system and it has generally worked out well for the public, responsible parties and the taxpayers. He said typically, sites are being cleaned up faster in ways more responsive to public needs than in the more traditional direct regulatory oversight approach. Senate Environment Committee Chairman Bob Smith said he was very interested in the LSP concept and has asked that representatives from Massachusetts provide more detailed testimony at their May 19 meeting.

DEP COMMISSIONER DISCUSSES ISSUES WITH BUSINESS: The State Chamber, along with groups such as the Chemistry Council of NJ, the NJ Petroleum Council and the Food Council, participated in the April 2nd quarterly meeting with DEP Commissioner Lisa Jackson and her staff. She provided updates to the various business trade associations on current issues. Some of the major topics of discussion included:

• Fiscal 2009 Budget - The Department is proposing to close nine state parks and 80 parks workers would be laid off as part of cost-cutting measures. The proposed closures would save about $4.5 million in salaries and maintenance. Additionally, the Commissioner said she would be moving some employees from science and research over to the site remediation program. They are also analyzing where to place some of the duties and responsibilities of certain services provided by the Department of Agriculture (if the elimination of this agency actually happens).
• Site Remediation - The Commissioner said the ultimate challenge is that they have 20,000 sites with limited staff. The Department is in discussion with Senator Smith and Assemblyman McKeon regarding their priorities to improve the program.
• Air Issues - The Platform keeps the lines of communication open with representatives who serve on the Industrial Stakeholders Group (ISG). Several individuals discussed specific problems within the Title V program regarding "temporary sources". The Commissioner asked two Assistant Commissioners -- Nancy Wittenberg and Wolfe Skacel -- to work with industry to help resolve the matter.
  The State Chamber has also scheduled a business breakfast session with Commissioner Jackson on Friday, May 2 at Forsgate Country Club in Monroe Township. These monthly Administration Cabinet meetings offer a unique opportunity for members to hear from the various state agencies and their plans. For registration information, click here.

PERMIT EFFICIENCY REVIEW TASK FORCE: By Administrative Order 2008-06, Commissioner Jackson created the DEP Permit Efficiency Review Task Force. According to the Commissioner, the deliberations of this Task Force will be an important element of their efforts to achieve many of the goals in our Department's Action Plan, particularly goals dealing with smart growth and sustainable development. More specifically, the purpose of the Task Force is to conduct a comprehensive analysis of DEP permitting programs and make recommendations for restructuring and re-engineering that will result in enhancing timely and efficient service and enhancing the Department's ability to advance sustainable development projects.

The State Chamber, along with the Chemistry Council, NJBIA and the Petroleum Council, have selected Tony DiLodovico, Principal - Regulatory Compliance, at CMX, to represent us on this Task Force. Mr. DiLodovico has 32 years of technical experience - responsible for the supervision and management of the firm’s Federal, State and local permit, and regulatory compliance operations. His many years of administrative and technical experience, while working with and for governmental agencies on the State and Federal levels, provides Mr. DiLodovico with the necessary insight to develop, expedite and resolve complex permit and regulatory compliance issues. He is considered by both the regulators and the regulated community as an “expert” in Regulatory Compliance for regulatory programs including water, wastewater, air, solid waste, planning, land use, enforcement, wetlands, soil erosion, flood plain management, pollution prevention and stormwater management.

The Task Force will develop its recommendations over the next 120 days.

REINVIGORATING RECYCLING: The State Chamber has been working closely with key stakeholders, including the NJ Food Council and the NJ Retail Merchants Association, to educate and inform legislators and the public about the importance of plastic bag recycling. Through our coordinated efforts, DEP Commissioner Lisa Jackson has taped a Public Service Announcement promoting the issue. Over the long-term she will act as the spokesperson for this initiative, promoting the issue as not only a Commissioner, but as a shopper and mother. Radio spots are scheduled to air at various radio stations the weeks of April 14, 21, 28, and May 5.

On a similar note, PSEG periodically conducts an environmental achievement awards program. This year the Reinvigorating Recycling initiative is being recognized and awarded for our efforts. The awards presentation will take place at the Liberty House Restaurant on April 25 at 11:30 am in conjunction with the PSEG Global Green Expo (for more information see below).

The Platform is working to advocate a waste management system that minimizes waste generation through recycling, source reduction, and reuse by assisting in the coordination of county business-to-business workshops under the efforts of the Reinvigorating Recycling Coalition.

ITEMS OF INTEREST

PSEG GLOBAL GREEN EXPO 2008: Starting April 25th, the PSEG Global Green Expo 2008 will open at the historic central railroad terminal in Liberty State Park. This 3-day event will provide information and inspiration for taking action regarding global environmental issues to consumers, business professionals, public and private agencies and corporations.

The State Chamber will host a breakfast session at 8:30 a.m. on April 25, highlighting the ways companies are initiating programs beneficial to the environment. State Chamber Senior Vice President Jim Leonard will moderate the panel and Ralph Izzo, chairman, president and CEO, Public Service Enterprise Group, will set the stage for the discussion. For full information on the overall PSEG Global Green Expo event, click here.

EPA CELEBRATES EARTH DAY THROUGHOUT APRIL: How can you reduce your carbon footprint, make your business or home water efficient or make sure our nation's beaches stay clean this summer? April 22 is Earth Day and this year, EPA is launching several online initiatives throughout the month of April to help raise environmental awareness:

Green Tips – Sign up for daily environmental tips via e-mail (http://www.epa.gov/earthday/tips.htm). Also, download the Green Tip "widget" to use on your social networking site or blog.

Audio Podcasts –Twice per week during the month of April, listen to EPA's experts discuss ways you can reduce your environmental footprint. The podcasts will be available for download on EPA's home page and also available for free subscription on iTunes.

Green Scene – EPA Administrator Stephen L. Johnson will host the latest edition of the agency's new online video series. The administrator discusses Earth Day 2008, the importance of environmental stewardship and the agency's accomplishments.

Historical Video – The history of EPA and why it was created, as told by all nine former administrators, will be available in two separate videos on EPA's multimedia portal (http://www.epa.gov/multimedia).

Special Events – Multimedia coverage of the annual Presidential Environmental Youth Awards (PEYA) and People, Prosperity and the Planet (P3) Competition will be available for public viewing following the events (http://www.epa.gov/multimedia).

Ask EPA – Molly O'Neill, EPA's Chief Information Officer and Assistant Administrator for Environmental Information will host an online discussion on April 24th at 2 p.m EDT. Molly will highlight the agency's National Dialogue on Access to Environmental Information and take ideas for improving access, including suggestions to improve EPA's homepage (for more information: http://www.epa.gov/askepa).

Click here for previous update.

Michael Egenton
Vice President , Environment & Transportation
New Jersey Chamber of Commerce
216 West State Street
Trenton, NJ 08608
Phone: (609)989-7888 Ext. 119
Fax: (609)989-9696
Michael.Egenton@njchamber.com