Posted on November 16th, 2018
In August 2018, amendments to multiple Site Remediation rules and the new Underground Storage Tank Rules (N.J.A.C. 7:26F) were published in the New Jersey Register. Although much of the regulatory community is focused on the new Underground Storage Tank Rules, there were also significant changes to other regulations. This blog focuses on changes to the Technical Requirements for Site Remediation (N.J.A.C. 7:26E) (TRSR). By reviewing changes in regulations as they are released, JMS is ensuring that our projects comply with the latest NJDEP regulations and guidance.
The following is a summary of significant changes between the 2012 and 2018 TRSR:
- The previous definition of an Immediate Environmental Concern (IEC) for potable water applied only to potable wells. The IEC definition now specifically references potable wells as well as irrigation wells used for potable purposes.
- Previous regulations specified used of Method LLTO-15 for air samples. New regulations allow for Method LLTO-15 or TO-15; however, when using Method TO-15, there are new requirements for laboratory control samples. Naphthalene and 2-methylnaphthalene analysis are required for vapor intrusion investigation of petroleum sites (excluding gasoline and light petroleum distillate sites)
- Potable water analysis for volatile organic compounds (VOCs) and semi-volatile organic compounds (SVOCs) must include tentatively identified compounds (TICs)
- Potable water analysis for organic non-VOCs must use the USEPA Target Compound List with a method that meets the site data quality objectives.
- Table 2-1: Analytical Requirements for Petroleum Storage and Discharge Areas was revised to state that analyses of VOCs at No. 2 heating oil sites shall include 1,2,4-trimethylbenzene and analysis of semi-volatile organic compounds (SVOCs) at all sites shall include 1-methylnaphthalene.
- Variances to N.J.A.C. 7:26E-5.2(b), the rules for alternative fill use from off-site sources, are no longer allowed.
- If alternative fill from an off-site source is proposed to be used but does not meet the requirements of 7:26E-5.2(b), written pre-approval from NJDEP is required prior to bringing the alternative fill to the Site. Similarly, written pre-approval is required prior to placement of fill material from on-site if it does not comply with 7:26E-5.2(d)1.
- Remedial Action Workplans are no longer required to be submitted 60 days prior to implementation.
- The rules for discharge to ground water permits have been amended (7:26E-5.6).
For more information, the TRSR can be accessed at https://www.nj.gov/dep/rules/rules/njac7_26e.pdf.
Michelle Bouwman, Project Manager