N.J. Admin. Code § 7:26D-7.2

Current through Register Vol. 56, No. 12, June 17, 2024

Section 7:26D-7.2 - Procedures for updating remediation standards

(a) The Department shall update a remediation standard for soil or indoor air at N.J.A.C. 7:26D Appendix 1 when:

1. The USEPA revises toxicity information contained in the Integrated Risk Information System (IRIS) database;

2. The Department uses new or revised toxicity information developed by the New Jersey Drinking Water Quality Institute when promulgating a new or revised maximum contaminant level (MCL) for a drinking water constituent;

3. The Department uses new or revised toxicity information when promulgating a new or revised ground water quality standard; or

4. The USEPA revises or replaces its Integrated Environmental Uptake Biokinetic (IEUBK) Model and Adult Lead Model (ALM) and input parameters for lead.

(b) The Department shall update a soil and a soil leachate remediation standard for the migration to ground water exposure pathway at N.J.A.C. 7:26D Appendix 1 when a ground water quality criterion is updated pursuant to the Ground Water Quality Standards at N.J.A.C. 7:9C-1.7(c)5.

(c) When the Department develops an updated remediation standard, the Department shall post on its website at http://www.nj.gov/dep/rules/adminchg.html and publish in the New Jersey Register a notice of administrative change. The notice of administrative change shall identify the remediation standard to be updated including the relevant media and exposure pathway, the contaminant, the basis for the administrative change, and the revised criterion to be listed at N.J.A.C. 7:26D Appendix 1.

(d) An updated remediation standard shall be effective on the date the notice of administrative change is filed with the Office of Administrative Law.

(e) An updated remediation standard shall be applied to all sites except, in lieu of the updated remediation standard established pursuant to this subchapter, the person responsible for conducting the remediation may continue to use a remediation standard that is specified in a remedial action workplan or remedial action report for a site, provided that:

1. The remedial action workplan or remedial action report is submitted no later than six months after the effective date of the updated standard;

2. The remedial action workplan or remedial action report is approved by the Department or is certified by a licensed site remediation professional;

3. The remediation standard specified in the remedial action workplan or remedial action report for a given contaminant is not greater by an order of magnitude than the updated remediation standard; and

4. The remedial action shall comply with the applicable regulatory timeframes pursuant to the Technical Requirements for Site Remediation at N.J.A.C. 7:26E-5.

N.J. Admin. Code § 7:26D-7.2

Adopted by 53 N.J.R. 775(b), effective 5/17/2021