NJ DEPARTMENT of ENVIRONMENTAL PROTECTION<\/b>
\nSITE REMEDIATION AND WASTE MANAGEMENT PROGRAM<\/p>\n
Notice of Rule Proposal <\/strong> PUBLIC NOTICE<\/strong> The Brownfield and Contaminated Site Remediation Act\u00a0(Brownfield Act),\u00a0N.J.S.A. 58:10B-1 et seq., requires the\u00a0DEP to develop remediation standards to be protective of the public health, safety, and the environment.\u00a0 Such standards are to be applied to contaminated sites throughout the State.\u00a0 Consequently, persons responsible for the remediation of contaminated sites are affected by these rules.\u00a0 The DEP\u00a0proposes to\u00a0amend the\u00a0Remediation Standards,\u00a0N.J.A.C. 7:26D,\u00a0to\u00a0ensure that\u00a0they remain protective of human health.<\/p>\n The existing rules\u00a0contain remediation standards for the following media and exposure pathways.<\/p>\n The proposed amended rules contain remediation standards for the following media and exposure pathways.<\/p>\n The proposed rules continue to use the Ground Water Quality Standards and the Surface Water Quality Standards for the remediation standards for ground water and surface water.\u00a0\u00a0The soil remediation standards for migration to ground water, which under the existing rules\u00a0are\u00a0established on a site-specific\u00a0basis using DEP guidance,\u00a0are proposed to be\u00a0codified.\u00a0 The\u00a0existing soil remediation standards\u00a0that\u00a0are\u00a0based on direct (human) contact\u00a0are\u00a0divided in the\u00a0proposed\u00a0rules into standards for the ingestion-dermal exposure pathway and the inhalation\u00a0exposure\u00a0pathway.\u00a0\u00a0Both the existing rules and the proposed rules provide for residential and nonresidential soil remediation standards, although the\u00a0proposed rules use a different basis for determining\u00a0whether the\u00a0residential\u00a0or\u00a0nonresidential\u00a0standard applies.\u00a0 Under the existing rules, residential or nonresidential depends on the\u00a0amount of time (per hour, day, year)\u00a0that a person is exposed to soil contamination at the site.\u00a0 Under the proposed rules, the\u00a0standard is based solely on the use of the property.<\/p>\n Proposed remediation standards for soil leachate and indoor air are new.<\/p>\n The proposed remediation standards are based upon\u00a0toxicity factors, exposure assumptions, chemical factors,\u00a0and\u00a0physical factors.\u00a0\u00a0Some of the soil remediation standards are more stringent than the existing rules, and some are less stringent.\u00a0 Further, the DEP added remediation standards for\u00a0several\u00a0contaminants that are not identified in the existing rules, and\u00a0the DEP\u00a0is not proposing remediation standards for several contaminants\u00a0for which the existing rules provide standards.\u00a0 For this latter category, the DEP determined that a remediation standard could no longer be justified.\u00a0\u00a0The proposed soil remediation standards\u00a0for some contaminants\u00a0are\u00a0proposed to be more stringent by a factor of ten or more.\u00a0 This will have an impact on some remediations that are otherwise closed, as discussed in the Fiscal Impact section below.<\/p>\n Both the existing and proposed rules provide for interim remediation standards for contaminants for which there are no codified standards.\u00a0 Both the existing and proposed rules also allow the person responsible for\u00a0conducting the\u00a0remediation to\u00a0request an alternative remediation standard for a specific area of concern.\u00a0 The DEP proposes to expand the availability of interim remediation standards to\u00a0soil leachate, ground water, and indoor air (there is no authority to\u00a0use\u00a0interim remediation standards\u00a0for\u00a0surface water).\u00a0\u00a0The proposed rules\u00a0expand the use of alternate remediation standards to soil leachate and indoor air (there is no authority to use alternative remediation standards for ground water and surface water).\u00a0 As in the existing rules, the proposed rules allow the DEP to update soil remediation standards\u00a0by published notice\u00a0where there is a change in the\u00a0toxicity factor on which the\u00a0codified\u00a0standard is based.\u00a0\u00a0The proposed rules provide for updates to soil, soil leachate, ground water, and indoor air (not surface water).<\/p>\n The proposal is scheduled to be published in the New Jersey Register dated April 6, 2020.\u00a0 A copy of the proposal is available from the DEP website at https:\/\/deptest.nj.gov\/rules\/wp-content\/uploads\/sites\/70\/proposals\/20200406a.pdf<\/a>; official repository libraries; and LexisNexis free public access to the New Jersey Register, https:\/\/www.lexisnexis.com\/hottopics\/njoal\/<\/a>.<\/p>\n The Department anticipates holding a public hearing on the proposal.\u00a0 The date and time of the hearing will depend on circumstances surrounding the COVID-19 public health emergency.\u00a0 If the Department holds a hearing, the public comment period will be extended until after the hearing.<\/p>\n Further information on a public hearing, if one is held, will be posted on the Department\u2019s website at https:\/\/deptest.nj.gov\/rules\/notices.html<\/a> at least 15 days prior to the date of the hearing.\u00a0 Notice will also be sent to those who have subscribed to the Department\u2019s rulemaking listserv.\u00a0 To subscribe, go to https:\/\/deptest.nj.gov\/rules\/receive-rule-proposal-notices-via-email\/<\/a>.<\/p>\n <\/p>\n
\nN.J.A.C. 7:26D, Remediation Standards Public Notice<\/p>\n
\nTake notice<\/strong> that the NJ Department of Environmental Protection (DEP) is proposing new rules, repeals, and amendments to N.J.A.C. 7:26D, Remediation Standards.\u00a0 A statement of the substance of the proposal follows:<\/p>\n\n\n
\n Medium<\/strong>\u00a0<\/span><\/td>\n<\/tr>\n \n Ground water\u00a0<\/span><\/td>\n Standards are the\u00a0Ground Water Quality Standards, N.J.A.C. 7:9C\u00a0<\/span><\/td>\n<\/tr>\n \n Surface water\u00a0<\/span><\/td>\n Standards are the\u00a0Surface Water Quality Standards, N.J.A.C. 7:9B\u00a0<\/span><\/td>\n<\/tr>\n \n Soil\u00a0<\/span><\/td>\n Impact to ground water, established on site-specific\u00a0basis\u00a0<\/span><\/td>\n<\/tr>\n \n Direct contact\u00a0(ingestion-dermal exposure\u00a0and inhalation exposure)\u00a0<\/span><\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n \n\n
\n Medium<\/strong><\/td>\n<\/tr>\n \n Ground water (no change)<\/td>\n Standards are the Ground Water Quality Standards, N.J.A.C. 7:9C<\/td>\n<\/tr>\n \n Surface water (no change)<\/td>\n Standards are the Surface Water Quality Standards, N.J.A.C. 7:9B<\/td>\n<\/tr>\n \n Soil<\/td>\n Codified migration to ground water exposure pathway (no longer\u00a0site-specific basis)<\/td>\n<\/tr>\n \n Ingestion-dermal exposure\u00a0pathway<\/td>\n<\/tr>\n \n Inhalation exposure\u00a0pathway<\/td>\n<\/tr>\n \n Soil leachate\u00a0(new)<\/td>\n Migration to ground water exposure pathway<\/td>\n<\/tr>\n \n Indoor air (new)<\/td>\n Vapor intrusion\u00a0exposure pathway<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n