NJDEP Issues Adoption of Remediation Standards and Updates to Alternative Remediation Standards Technical Guidance

The New Jersey Department of Environmental Protection (NJDEP) has adopted amendments to the Remediation Standards, N.J.A.C. 7:26D. The adoption was published in the May 17, 2021 New Jersey Register (https://advance.lexis.com). Courtesy copies of both the adoption and the full amended rule are available on the Site Remediation and Waste Management Program (SRWMP) Remediation Standards webpage (https://www.nj.gov/dep/srp/guidance/rs/). The Remediation Standards may be used immediately upon publication; however, there is a six-month phase-in period that may be used in accordance with the rule.
 
In conjunction with the Remediation Standards publication, NJDEP has developed and updated several technical guidance documents, which are available on the SRWMP Remediation Standards webpage (https://www.nj.gov/dep/srp/guidance/rs/). These technical guidance documents include basis and background documents, calculators, and technical guidance documents for developing alternative remediation standards for the ingestion-dermal, inhalation, migration to ground water, and vapor intrusion exposure pathways. These technical guidance documents are intended to provide additional guidance to the regulated community regarding the development of remediation standards options for deriving alternative remediation standards. Calculators are provided for those options where numerical standards are selected.
 
The NJDEP has also updated its Vapor Intrusion Technical Guidance webpage (https://www.nj.gov/dep/srp/guidance/vaporintrusion/) to be consistent with the new indoor air remediation standards. The webpage includes the following updated technical guidance documents: Vapor Intrusion Screening Levels and Indoor Air Remediation Standards Tables; Vapor Intrusion Screening Levels: Basis and Background Document; and Johnson and Ettinger Spreadsheets – NJDEP version – with instructions.
 
The NJDEP will provide training for the adopted amendments to the Remediation Standards, N.J.A.C. 7:26D, for LSRPs and interested parties on June 9, 2021, and for the alternative remediation standards technical guidance and updated vapor intrusion screening levels on June 15, 2021. A separate Listserv with training registration information will follow.
Any questions regarding the Remediation Standards, N.J.A.C. 7:26D, should be directed to Swati Toppin, Rule Manager at: swati.toppin@dep.nj.gov.
The Site Remediation and Waste Management Program (SRWMP) has created a COVID-19 guidance webpage summarizing the three Notices of Rule Waiver/Modification/Suspension (Notice) and related listservs that have been distributed to assist the persons responsible for conducting remediation and Licensed Site Remediation Professionals in meeting remediation deadlines. The webpage can be found at www.nj.gov/dep/srp/executive_order/extension_information.html.
 
The website features three new guidance documents pertaining to extension requests for document submittals that were not included in the February 1, 2021 Notice. These include (a) completion of site investigation for regulated underground storage tanks; (b) completion of remedial investigation for certain remediations subject to an ACO; and (c) completion of remedial action for certain remediations subject to an ACO.
 
In addition, the website includes information regarding the submission of extension requests for those timeframes extended by the February 1, 2021 Notice and that were (or will be) due between March 9, 2020 and August 16, 2021, inclusive. Specifically, the person responsible for conducting the remediation will be given until August 16, 2021 to submit a timeframe extension request pursuant to the Administrative Requirements for the Remediation of Contaminated Sites (ARRCS, N.J.A.C. 7:26C).
 
SRWMP is in the process of updating timeframes in DataMiner. The person responsible for conducting the remediation (PRCR) and the Licensed Site Remediation Professional (LSRP) should review the Case Tracking Tool report to determine whether timeframes have been updated for a specific case. Please note that this update is addressing the majority of cases that require Notice extensions. The remainder will be addressed over the next few weeks.
 
Timeframes for NJDEP lead RCRA Corrective sites overseen by the Department’s Bureau of Case Management have not been updated at this time, but will be updated at a later date.
 
Questions regarding this listserv or the website should be directed to the duty officers in the Bureau of Case Assignment and Initial Notice (609-292-2943).
If the PRCR or LSRP believes there are errors regarding the timeframes in the DataMiner report, a written request outlining and substantiating the errors should be sent via email to srwm_njems@dep.nj.gov.

Please note, at this time, the Department does not foresee granting an additional rule waiver/modification/suspension. If additional time is required to complete a remedial phase, remediating parties can submit a site-specific extension request pursuant to N.J.A.C. 7:26C-3.
 
If EO 103 is rescinded, the Department will post additional information on the COVID-19 guidance webpage and issue a listserv.