On June 2, 2008, the Department adopted new Remediation Standards rules at N.J.A.C. The process for setting these standards is modified to include procedures for developing alternatives to the new standards which are not addressed in the existing regulations. Clean Water Act Permit Required for Certain Discharges to Groundwater, New Brownfields Redevelopment Incentive Programs in New Jersey, Appellate Division Affirms Rejection of Experts’ Net Opinion; Dry Cleaners Are Not Abnormally Dangerous, As the Pandemic Approaches An End, Beware Of Your Environmental Deadlines, Think Green: Considering Environmental Regulations in New York and New Jersey’s Budding Cannabis Sectors, Biden Administration Blows More Fresh Air Into NJ’s Offshore Wind Program, Supplemental Environmental Projects Revived. On September 18, 2017, the New Jersey Department of Environmental Protection (NJDEP) published a Notice of Administrative Change to the Remediation Standards Rule (N.J.A.C. Available Historic Fill data are from N.J.A.C. We handle litigation, regulatory and transactional matters for clients ranging from Fortune 100 companies to individual homeowners. Indoor air vapor intrusion screening levels to become remediation standards. The proposed revisions were published on April 6, 2020 and were open for public comment until August 5, 2020. Arguably the most significant proposed change is the increased frequency and number of sub-slab soil gas samples that will be required … If the Department holds a public hearing (anticipated, but not guaranteed in light of COVID issues), the comment deadline will be extended until after the hearing is held. The proposal can be found here. Currently, the Remediation Standards provide for combined health-based standards for ingestion-dermal and inhalation pathways. Comments on the new regulations were originally due by June 5, 2020 however on April 8, NJDEP extended the comment period by 60 days until August 5, 2020. The remediation of the soil and/or ground water is proposed or implementedwith an On Scene Coordinator Request for a Discharge to Surface Water Proposal or a Permit-by-Rule Discharge to Ground Water Proposal. However, the proposed rule would mark a sea change in how NJDEP conceptualizes soil remediation standards. Under the proposed rules, the Remediation Standards would, instead, provide distinct health-based standards for each pathway, separating the ingestion-dermal standard from the inhalation standard. Amid COVID-19 Pandemic, NJDEP Publishes Key Remediation Standard Proposal. NJDEP is proposing to convert the current non-codified site-specific approach based on NJDEP guidance to a system of codified soil and soil leachate levels by promulgating the levels contained in the guidance, subject to revisions made in the proposal, as enforceable IGW soil remediation standards. Importantly, the proposed amendments would also include impact to ground water soil remediation standards. contact soil remediation standard or the IGW soil remediation standard. The ground water and surface water remediation were previously effective at N.J.A.C. To begin with, NJDEP’s proposed amendments would update the default minimum remediation standards for various media and exposure pathways. 7:26D. 566(a), a rule proposal which, if adopted, will make expansive changes to New Jersey’s remediation standards, as codified at N.J.A.C. 7:26D-4 and 5 (soil, soil leachate, and IA). 566(a)). Proposed Soil Remediation Standards As summarized in our April 8 Special Alert, NJDEP proposed major revisions to the Site Remediation Program’s Soil Remediation Standards in the April 6, 2020 New Jersey Register. 5. The soil contains levels of contaminants exceeding NJDEP soil cleanup criteria (as per NJDEP proposed rule entitled Cleanup Standards for Contaminated Sites, N.J.A.C. 7:26D) Appendix 1, Tables 1A and 1B. The soil remediation standards for some contaminants are proposed to be more stringent by a factor of ten or more. NO ECOLOGICAL BASED STANDARDS CAN BE PROPOSED OR. In addition, there are several increases and decreases in standards versus existing standards, including some that are more stringent by at least an order of magnitude (e.g., the cobalt and ethylbenzene soil standards and the 1,1-Dichloroethene VI standard). This article is being provided for informational purposes only and not for the purposes of providing legal advice or creating an attorney-client relationship. There are six (6) contaminants for which the non-residential inhalation exposure pathway soil criterion is the most conservative and thus the direct contact soil remediation standard: acenaphthylene, benzo(ghi)perylene, cobalt, manganese, phenanthrene, chromium 7:26E-4.6, Table 4-2. NJ DEP Soil Remediation Standards (mg/kg): This listing represents the combination of Tables 1A and 1B Residential and Non-Residential Direct Contact Health Based Criteria for Soil as well as the default* Impact to Groundwater Criteria from the Department of … Development of Site-Specific Impact to Groundwater Soil Remediation Standards Using the Soil-Water Partition Equation (NJDEP, 2008). © 2021 Synergy Environmental Inc. | Environmental Consultants. Codification of Impact to Groundwater (IGW) Soil Remediation Standards – Site-specific IGW soil remediation standards are currently established on a case-by-case basis in accordance with NJDEP guidance. (“Brownfield Act”). Generally speaking, the major proposed revisions are as follows: We are evaluating the proposed changes and developing chemical-specific information on the extent of these changes and how they could affect site investigations and cleanup. For ground water and surface water, the existing Ground Water Quality Standards and Surface Water Quality Standards remain in effect. 58:10B-1 et seq. Under the proposed rules, the Remediation Standards would, instead, provide distinct health-based standards for each pathway, separating the ingestion-dermal standard from the inhalation standard. The manner by which these standards would be applied is not directly addressed in the proposed rule. NJDEP Proposes Amendments to Existing Remediation Standards, On April 6, 2020, the New Jersey Department of Environmental Protection (“NJDEP”) proposed substantial changes to the Remediation Standards at N.J.A.C. The NJDEP views the remediation standards promulgated pursuant to N.J.A.C. NJDEP proposes to codify remediation standards for exposure pathways that are not in the existing rules, including soil and soil leachate remediation standards for the migration to ground water exposure pathway, and indoor air remediation standards for the vapor intrusion exposure pathway. United States. However, other significant changes are proposed. by: Kelly Sheridan. Mark S. Heinzelmann, Richard Ricci. Ongoing remediations may also be affected depending on their status. The proposed remediation standards are based upon toxicity factors, exposure assumptions, chemical factors, and physical factors. NJDEP Soil Remediation Standards (SRSs) – NJAC 7:26D ... proposed recreational purpose. The soil remediation standards for some contaminants are proposed to be more stringent by a … From tighter pollution controls to protecting the public against hazards created decades ago, today’s requirements on the local, state and federal levels are extremely complex. Vapor Intrusion Technical Guidance version 5.0 is being issued primarily to reflect the recent incorporation of vapor intrusion screening levels as the NJDEP’s official Indoor Air Remediation Standards. As such, individuals, property owners, and developers with ongoing remediation would benefit from monitoring the progress of these proposed amendments, as they have the potential for significant impacts, even for sites that are well underway. These standards will continue to track the groundwater quality standards and the surface water quality standards, respectively. 7:26D. SPECIFIC BASIS. Environmental compliance is now a major consideration for everyone. Replacement of direct contact soil remediation standards. NJDEP Proposes Major Revisions to Remediation Standards The New Jersey Department of Environmental Protection (NJDEP) has proposed several major revisions to their statutory remediation standards rules (N.J.A.C. The US Environmental Protection Agency (USEPA) has … - Indoor Air Standards replacing the current screening levels used to identify if additional investigation or remediation was needed to address potential impacts from discharges to soil or groundwater. Under the new guidance, the proposed standards for many contaminants are higher than the current standards (and several are … Since publishing notice of the proposed rule, NJDEP has extended the public comment deadline from June 5, 2020 to August 5, 2020, based on the needs of the State’s COVID-19 response. On April 6, 2020, NJDEP proposed long-expected amendments and revisions to cleanup standards applied to remediation sites in New Jersey (N.J.A.C. Royersford, PA 19468 Lowenstein Sandler LLP + Follow Contact. Soil is considered to be ID-27 non-hazardous when the following criteria are met: a. The proposed rulemaking would create codified remediation standards “for soil and soil leachate for the migration to ground water pathway, based upon migration of contaminants to ground water and subsequent human ingestion of ground water.” Also of significance is NJDEP’s proposed remediation standard for indoor air. NJDEP PROPOSES SUBSTANTIAL AMENDMENTS TO REMEDIATION STANDARDS (N.J.A.C. IEC condition was identified and has been addressed. The Environmental Group at Chiesa Shahinian & Giantomasi understands the laws and issues, as well as the importance of addressing them in a client-focused, cost-effective manner. SECTION F. SITE SPECIFIC INFORMATION. The following is a brief discussion of some, but not all, of the changes that NJDEP proposes. 13. 155 Railroad Plaza 1st Floor Will the Clean Water Act Drive the Remediation of Groundwater Discharges? NJDEP Proposes Major Revisions to Remediation Standards The New Jersey Department of Environmental Protection (NJDEP) has proposed several major revisions to their statutory remediation standards rules (N.J.A.C. Some of the soil remediation standards are more stringent than the existing rules, and some are less stringent. This will have an impact on some remediations that are otherwise closed. b. Impact to Groundwater ARS Per NJAC 7:26D-1.1(b), Must develop IGW-ARS (or utilize Default IGWSSLs). In the midst of the COVID-19 crisis, the New Jersey Department of Environmental Protection (NJDEP) Site Remediation Program (SRP) published extensive proposed revisions to the remediation standards in the April 6, 2020 New Jersey Register. While not part of the proposed rulemaking, NJDEP is amending its existing technical guidance documents to reflect these changes. 7:26D). 7:26D, promulgated under the Brownfield and Contaminated Site Remediation Act, N.J.S.A. So too are the expectations of the government and the public. 7:26D. Features & Benefits of Synergy UST Compliance, COVID-19: Economic Recovery and Relief from Environmental Regulation May Go Hand in Glove, Top 10 Things You Should Know About PFAS: Real Estate and Corporate Due Diligence, Attention NJ Developers: NJDEP Adopts Amendments to Stormwater Management Rules Requiring the Use of Green Infrastructure, Six Highlights of EPA’s Proposal to Expand Reform of Guidance Documents, NJDEP Proposes Major Revisions to Remediation Standards. In April 2020, NJDEP proposed replacement of the Direct Contact Soil Remediation Standards with a new rule proposal in the New Jersey Register (see rule proposal published in the April 6 NJ Register at 52 N.J.R. 7:26D as default standards that a remediating party must meet if an alternative, potentially less stringent, remediation standard … The current rules contain residential and non-residential direct contact soil remediation standards set at the more stringent of the ingestion-dermal human health-based criterion or the inhalation human health-based criterion (or the PQL) for each use scenario. The proposed rulemaking would create codified remediation standards “for soil and soil leachate for the migration to ground water pathway, based upon migration of contaminants to ground water and subsequent human ingestion of ground water.” Also of significance is NJDEP’s proposed remediation standard for indoor air. The legislative proposal will make some steps in that direction, but a more thorough-going revision of ECRA and the Regulations would assist companies in their attempts to comply and NJDEP in its attempts to enforce the statute. REQUIREMENTS. 7:26D). UNTIL SOIL REMEDIATION STANDARDS ARE ADOPTED, STANDARDS CAN BE DEVELOPED/APPLIED ON A SITE. Under the current iteration of the rules, NJDEP establishes such standards on a case-by-base basis. Phone: 484-369-5000. You should contact an attorney to obtain advice with respect to any particular issue or problem you may have. Note that under the Brownfield Act, NJDEP may require ongoing remediations with an approved remedial action work plan (“RAWP”) to comply with newly promulgated standards where those standards are more stringent than the standards under which the RAWP was approved. COMPLETES IT WORK. Alternative Remediation Standards. 05/05/2020 . Unfortunately, the revised regulations currently proposed by NJDEP 24 will do very little to fix the problems currently faced in conducting business in New Jersey. For example, the NJDEP has proposed new soil remediation standards for 15 contaminants that do not have existing standards, including extractable petroleum hydrocarbons (EPH) and 1, 4-dioxane, and removed standards for more than 10 others, including benzo (ghi)perylene and acrolein. The proposal seeks to amend the existing Remediation Standards in a number of ways, many of which have potential for significant impacts on ongoing and future remediation in the state. NJDEP has proposed numerical changes to the existing remediation standards. 58:10B-12(a), directs the Department to adopt minimum remediation standards for soil, ground water, and surface water necessary for the remediation of contaminated sites. NJDEP Proposes Substantial Amendments to Remediation Standards. NJDEP is proposing to convert the current non-codified site-specific approach based on NJDEP guidance to a system of codified soil and soil leachate levels by promulgating the levels contained in the guidance, subject to revisions made in the proposal, as enforceable IGW soil remediation standards. Attach a map to this form providing tank/discharge location(s), the locations of all … New constituents and increases and decreases in standards. The proposed revisions are likely to be signed in April 2021 … Background on proposed new soil remediation standards The Brownfield and Contaminated Site Remediation Act (“Brownfield Act”), at N.J.S.A. The proposal can be found here. On April 6, 2020, the New Jersey Department of Environmental Protection (“NJDEP”) proposed substantial changes to the Remediation Standards at N.J.A.C. Updated New Jersey DEP Soil Remediation Standards Technical Bulletin. 7:26D) – MAY 2020 On April 6, 2020, NJDEP proposed long-expected amendments and revisions to cleanup standards applied to remediation sites in New Jersey (N.J.A.C. While not part of the proposed rulemaking, NJDEP … Disclaimer: Users of this information should not consider these materials the sole source of information sufficient in itself to dictate any outcome or decision on the remediation of a contaminated site but should refer to the Department's rules and guidance provided on SRP's web site. No change to groundwater and surface water remediation standards. The stakes are high. The NJDEP has proposed to replace this protocol by codifying soil and soil leachate remediation standards for the migration to groundwater exposure pathway by using the levels contained in the guidance (subject to certain revisions) as the new IGW soil remediation standards. Comparison of contaminants to the IGW criteria was conducted only in unsaturated soils in accordance with NJDEP guidance. 7-26D). SOIL REMEDIATION STANDARDSLEGISLATIVE. However, the proposed rule would mark a sea change in how NJDEP conceptualizes soil remediation standards. Impact to groundwater (IGW) soil remediation standards. 7:26D) however at levels not considered hazardous as per definition by Title 40 CFR. US EPA Publishes Final Navigable Waters Protection Rule. Impact to groundwater (IGW) soil remediation standards. The New Jersey Department of Environmental Protection (NJDEP) is required to develop remediation standards for contaminated sites to be protective of the public health, safety, and environment pursuant to the state’s Brownfield and Contaminated Site Remediation Act. Site Remediation Guidance Library. ADOPTED UNTIL THE ENVIRONMENT ADVISORY TASK FORCE. Alternative remediation standards. We will be on the lookout for those documents as they come available. Currently, the Remediation Standards provide for combined health-based standards for ingestion-dermal and inhalation pathways. Learn more. In the meantime, please contact us if you have any questions concerning how these changes will impact your specific remediation project or have an interest in assembling comments on the proposed changes. Under the proposal, these will be replaced with separate soil remediation standards for the inhalation exposure pathway and the ingestion-dermal exposure pathway for both residential and non-residential scenarios, requiring both pathways to be addressed. On April 6, 2020, the New Jersey Department of Environmental Protection (NJDEP) published to the New Jersey Register, 52 N.J.R. The soil remediation standards contained in those rules are effective on June 2, 2008. NJDEP Site Remediation Programs's Guidance for the Remediation Standards N.J.A.C. 7-26D). NJDEP has proposed numerical changes to the existing remediation standards. 7:26D, et seq. New definitions of “residential” and “non-residential” are also added. Changes to the Direct Contact Soil Remediation Standards were proposed by the NJDEP in April 2020 (see previous JMS blog post regarding these new standards here: https://jmsorge.com/upcoming-changes-for-alternative-remediation-standards/). Generally, IGW ARS should be evaluated/developed if COC > IGWSSL, unless : cost of remediation to IGWSSL is le ss than cost to develop IGW ARS; or DC standard (default or ARS) or other relevant … 7:26D, promulgated under the Brownfield and Contaminated Site Remediation Act, N.J.S.A. The Remediation Standards rules … NJDEP has added several new constituents to the list of standards (e.g., soil standards for 1,4 dioxane and extractable petroleum hydrocarbons) and removed others (e.g., soil standards for benzo[ghi]perylene and phenanthrene). 7:26E-1.13. Currently, the rules do not provide standards for remediating indoor air based on vapor intrusion. Shortly thereafter, the NJDEP extended the comment period to August 5, 2020 and p ostponed the public hearing due to the present … 58:10B-1, The text of NJDEP’s proposed alterations to the Remediation Standards can be, New Jersey Says No to “Forever Chemicals”, Appellate Division Affirms DEP Enforcement Against Non-Discharging Property Owner. Although the indoor air vapor intrusion screening levels contained in NJDEP’s vapor intrusion guidance have long been treated as the virtual equivalent of regulatory standards, that status would be formally changed under the proposal pursuant to which they would become indoor air remediation standards, subject to revisions made in the proposal, for both residential and non-residential use scenarios. The Proposed Rule provides that a person responsible for conducting the remediation may submit to the NJDEP a request to use a site-specific alternative remediation standard pursuant to N.J.A.C. The text of NJDEP’s proposed alterations to the Remediation Standards can be found here. NJDEP is proposing to convert the current non-codified site-specific approach based on NJDEP guidance to a system of codified soil and soil leachate levels by promulgating the levels contained in the guidance, subject to revisions made in the proposal, as enforceable IGW soil remediation standards. Proposed remediation standards for soil leachate and indoor air are new. The proposed revisions, which were published on April 6, 2020, are open for public comment until August 5, 2020. The New Jersey Department of Environmental Protection (DEP) has published a proposal for an extensive regulatory overhaul of its remediation standards for contaminated sites, codified at N.J.A.C. Please contact Bruce Katcher (484-430-2320), John Gullace (484-430-2326) or Nicole Moshang (484-430-2324) with questions of a legal nature or our technical consultants Darryl Borrelli (484-430-2302), Mike Nines (484-430-2350) or Will Hitchcock (484-430-2356) with questions of a technical nature. In addition, the opinions expressed herein are the opinions of Mr. Katcher and may not reflect the opinions of Synergy Environmental, Inc., Manko Gold Katcher & Fox or either of those firms’ clients.
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