In case you missed it, the New Jersey Department of Environmental Protection (NJDEP) recently announced several regulatory changes, including amendments to Site Remediation Program Rules and updates to Technical Guidance Documents.
Here are some of the changes to be aware of:
Capping for Volatile Contaminants for the Impact to GW Pathway Guidance is now available
- This guidance details the conditions and requirements under which capping may be allowed on a site-specific basis. It stipulates that capping will now be permitted as a remedial option for sites that have volatile organic compounds (VOC) risks or impacts to groundwater. Previously, capping of inorganic and semi-volatile organic contaminants were permitted under certain circumstances, but this did not include VOCs, such as benzene, toluene, TCE and PCE.
- This Guidance Document can be found at: www.nj.gov/dep/srp/guidance/rs/.
Meeting the Remediation Action Regulatory Timeframe
- DEP issued a notice that the issuance of a Response Action Outcome (RAO) by the LSRP is required in order to meet the remedial action regulatory timeframe. If a remedial action permit is required, the LSRP and person responsible for conducting remediation (PRCR) will need to allow time for the DEP to prepare a remedial action permit when a restricted use or limited restricted use remedy is implemented. Therefore, DEP recommends submitting the remedial action permit application at least 90 days prior to the remedial action regulatory timeframe, allowing time for the PRCR to request a regulatory timeframe extension if the remedial action permit is not received. If a PRCR has not received the remedial action permit for which they applied, then the PRCR should submit an extension request to the Department pursuant to N.J.A.C. 7:26C-3.2 no later than 30 days prior to the remedial action regulatory timeframe.
LSRP Certification Language Revised on NJDEP Online and Paper Forms
- The certification language on both the DEP Online certification page and the paper forms (available at www.nj.gov/dep/srp/srra/forms) has been updated to agree with language in the Site Remediation Reform Act (N.J.S.A. 58:10C-1 et seq.) and the Regulations of the New Jersey Site Remediation Professional Licensing Board (N.J.A.C. 7:26I).
Updated Off-Site Source Technical Guidance now available
- The Off-site Source Ground Water Investigation Technical Guidance has been updated from version 1.0 to version 1.1. The updates include minor clarifications and updated references.
- This updated technical guidance document and corresponding change log can be found at: www.nj.gov/dep/srp/guidance/.
Revised Ecological Evaluation Technical Guidance now available
- Revisions to this technical guidance include new language to clarify and provide more details on the selection of, and data use from:
- background and reference locations
- the selection of toxicity reference values (TRVs)
- the evaluation of extractable petroleum hydrocarbons
- the evaluation of historic fill in or impacting environmentally sensitive natural resources
- This updated technical guidance document, corresponding change log, and response to stakeholder comments can be found at: (www.nj.gov/dep/srp/guidance/).
Updated Site Remediation & Related Rules now available
- On August 6, 2018, NJDEP issued revisions to the Site Remediation and Related Rules. Included was a new regulation for the remediation of unregulated heating oil tanks. The amended Site Remediation rules include:
- Discharges of Petroleum and Other Hazardous Substances (N.J.A.C. 7:1E)
- NJ Pollutant Discharge Elimination System (N.J.A.C. 7:14A)
- Underground Storage Tanks Rules (N.J.A.C. 7:14B)
- Industrial Site Recovery Act Rules (N.J.A.C. 7:26B)
- Administrative Requirements for the Remediation of Contaminated Sites (N.J.A.C. 7:26C)
- Technical Requirements for Site Remediation (N.J.A.C. 7:26E).
- Heating Oil Tank System Remediation Rules (N.J.A.C. 7:26F) (New regulation for unregulated heating oil tanks)
- The Department has posted updated versions of these rules on its website at www.nj.gov/dep/rules/nj_env_law.html.
Contact
Michael Metlitz, LSRP
Senior Vice President
mmetlitz@whitmanco.com
(732) 390-5858
Posted on September 28, 2018
Recommended Posts
