N.J. Admin. Code § 7:26E-1.15

Current through Register Vol. 56, No. 11, June 3, 2024

Section 7:26E-1.15 - Receptor evaluation - vapor intrusion

(a) The person responsible for conducting the remediation shall conduct a receptor evaluation of the vapor intrusion pathway pursuant to this section when any of the following conditions exist:

1. A volatile organic ground water contaminant is identified at a concentration greater than the vapor intrusion ground water screening level available on the Department's website at www.nj.gov/dep/srp/srra/guidance:

i. Within 30 feet of a building and it is petroleum hydrocarbon based; or

ii. Within 100 feet of a building and it is not petroleum hydrocarbon based;

2. Free product is identified:

i. Within 100 feet of a building and it is not petroleum hydrocarbon based; or

ii. Within 30 feet of a building and it is petroleum hydrocarbon based; or

3. When any of the following conditions is identified:

i. Soil gas or indoor air contamination is detected at concentrations that exceed the soil gas or indoor air screening levels available on the Department's website at www.nj.gov/dep/srp/srra/guidance;

ii. A wet basement or sump in a building contains free product or ground water containing any volatile contaminant;

iii. Methane generating conditions are present that may cause an oxygen deficient environment or explosion; or

iv. Any other information that indicates that human health and safety may be impacted via the vapor intrusion pathway.

(b) Within 60 days after determining the need to conduct a receptor evaluation of the vapor intrusion pathway pursuant to (a) above, the person responsible for conducting the remediation shall:

1. Identify all buildings and subsurface utilities located within the vapor intrusion investigation trigger distances where a receptor evaluation of the vapor intrusion pathway is required pursuant to (a) above;

2. Determine the specific use and construction for each building identified, including whether each building has a basement, crawl space, or is constructed on a slab, and the approximate square footage of each building footprint;

3. Determine the specific use, depth of the invert, diameter, and construction specifications of all subsurface utilities identified;

4. Identify whether a landfill is located on or adjacent to the site and whether methane generating conditions are present;

5. Determine the flow direction of the shallow ground water pursuant to 7:26E-4.3; and

6. Determine, pursuant to 7:26E-2.1(a)14, whether free product is present at each ground water sampling location.

(c) Within 150 days after determining the need to conduct a vapor intrusion investigation pursuant to (a) above, the person responsible for conducting the remediation shall:

1. Notify the Department on a form and spreadsheet found on the Department's website at www.nj.gov/dep/srp/srra/forms at the time that person contacts property owners and occupants for the purpose of gaining access to conduct sampling, but no later than seven days prior to the scheduled sampling date to conduct a vapor intrusion investigation. Information to be supplied by filling out the form and spreadsheet includes:

i. Site identification information;

ii. A description, location and date of the planned sampling activities;

iii. The name of the responsible entity and a certification statement; and

iv. The name of the licensed site remediation professional and a certification statement;

2. Conduct a vapor intrusion investigation by collecting an appropriate number of samples in appropriate locations;

3. Evaluate the results of the vapor intrusion investigation by assessing the multiple lines of evidence, including a comparison of the analytical results to the Department's screening levels; and

4. Determine if the vapor intrusion pathway is complete for each building being investigated.

(d) Except as provided in (e), (f) and (g) below, within 30 days after receipt of the analytical data concerning vapor intrusion sampling conducted pursuant to (c) above, the person responsible for conducting the remediation shall:

1. Submit all vapor intrusion analytical results with maps and figures related to the vapor intrusion sampling to the Department with full laboratory data deliverables and a form and spreadsheet found on the Department's website at www.nj.gov/dep/srp/srra/forms;

2. Provide a copy and explanation of the vapor intrusion analytical results to the property owner, occupant (if applicable), and designated local health department where a vapor intrusion investigation was conducted; and

3. Provide the Department with a copy of the explanation of the vapor intrusion analytical results submitted pursuant to (d)1 above.

(e) When any indoor air results are greater than the Department's vapor intrusion indoor air screening levels, but less than or equal to the Department's vapor intrusion rapid action level (that is, a vapor concern), and are determined to be related to a discharge, the person responsible for conducting the remediation shall:

1. Within 14 days after receipt of the analytical results:

i. Submit notification of the exceedance of the vapor intrusion indoor air screening levels on a form found on the Department's website at www.nj.gov/dep/srp/srra/forms;

ii. Submit all vapor intrusion analytical results with maps and figures related to the vapor intrusion sampling to the Department with full laboratory data deliverables and a form and spreadsheet found on the Department's website at www.nj.gov/dep/srp/srra/forms; and

iii. Provide a copy and explanation of the vapor intrusion analytical results to the property owner, occupant (if applicable), and designated local health department where a vapor intrusion investigation was conducted, and provide the Department with a copy of the explanation of the vapor intrusion analytical results submitted pursuant to (e)1ii above;

2. Within 60 days after receipt of the analytical data, submit a plan to the Department to address the exposure with a form found on the Department's website at www.nj.gov/dep/srp/srra/forms;, which includes a schedule for, and a description of:

i. The actions proposed; and

ii. A monitoring plan to evaluate the effectiveness of the proposed action;

3. Within 120 days after receipt of the analytical data, implement the plan; and

4. Within 180 days after receipt of the analytical data, submit a vapor intrusion response action report to the Department, with a form found on the Department's website at www.nj.gov/dep/srp/srra/forms;, which includes:

i. A description of all actions that have been completed, including the date that each action that was conducted;

ii. A summary of all analytical data related to the vapor intrusion investigation and response;

iii. All maps and figures related to the vapor intrusion investigation and response; and

iv. A GIS compatible map of the currently known extent of ground water contamination or a map of the vapor intrusion area;

5. Provide routine updates on the progress of the case as requested by the Department's case manager; and

6. Identify and sample all buildings within 100 feet of the impacted building, identify any additional buildings at risk and conduct additional vapor intrusion investigations pursuant to this section.

(f) When any indoor air results are greater than the Department's vapor intrusion rapid action level, the person responsible for conducting the remediation shall:

1. Immediately notify the Department of an immediate environmental concern; and

2. Conduct all actions required pursuant to 7:26E-1.11.

(g) When any indoor air results are greater than the Department of Health notification levels for indoor air available on the Department's website at www.nj.gov/dep/srp/srra/guidance, the person responsible for conducting the remediation shall:

1. Immediately notify the Department of the immediate environmental concern;

2. Immediately notify the New Jersey Department of Health , Consumer, Environmental and Occupational Health Service, Indoor Environments Program at 609-826-4950; and

3. Conduct all actions required pursuant to 7:26E-1.11.

(h) Within 14 days of receipt of the analytical results, the person responsible for conducting the remediation shall submit on a CD in Adobe Portable Document Format (PDF), all indoor and ambient air analytical results, including all maps and figures related to the indoor air sampling, and a sample location spreadsheet to the New Jersey Department of Health , Consumer, Environmental and Occupational Health Service, ATTN: Childcare Unit, PO Box 369, Trenton, NJ 08625-0369.

(i) If the person responsible for conducting the remediation identifies potentially explosive conditions in a building or subsurface utility, the person responsible for conducting remediation shall immediately:

1. Call 911 and report potentially explosive conditions to the local emergency response agency;

2. Notify the Department of the emergency condition at 1-877-WARNDEP or 1-877-972-6337; and

3. Notify the New Jersey Department of Health and Senior Services, Consumer and Environmental Health Services, Indoor Environments Program at 609-826-4950.

N.J. Admin. Code § 7:26E-1.15

Administrative Change, 51 N.J.R. 729(a).