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It Was Worth a Shot… We Tried Using the NJDEP April 2020 Proposed Soil Remediation Standards Before They Were Promulgated

Posted on September 22nd, 2020

NJDEP Alternative Remediation Standard Form

Changes to the Direct Contact Soil Remediation Standards were proposed by the NJDEP in April 2020 (see previous JMS blog post regarding these new standards here: https://jmsorge.com/upcoming-changes-for-alternative-remediation-standards/). Under the new guidance, the proposed standards for many contaminants are higher than the current standards 😊 (and several are lower🙁).

A JMS client is under a deadline to submit their next remedial phase report, for a Site in Woodbridge, prior to the promulgation of the revised Remediation Standards rule.

In an effort to use the most up-to-date remediation standards, JMS, on behalf of our client, submitted an Alternative or New Soil Remediation Standards (ARS) Application Form in August 2020 for the site. Alternative ingestion-dermal soil remediation standards were requested for vanadium and polychlorinated biphenyls (PCBs) and alternative impact to groundwater soil remediation standards were proposed for aluminum, PCBs, benzo(a)pyrene, benzo(b)fluoranthene, dibenz(a,h)anthracene, indeno(1,2,3-cd)pyrene, alpha-BHC, chlordane (alpha and gamma), dieldrin, and heptachlor epoxide. The alternative standards were requested to be consistent with the proposed revisions to the Remediation Standards rule (N.J.A.C. 7:26D). The proposed ARS were deemed unacceptable by the NJDEP since they are not based on the current Remediation Standards. The NJDEP responded that the proposed standards can only be used upon adoption of the proposed Remediation Standards rule, which is expected to be promulgated in Spring or Summer 2021. The only exception was the proposed ARS for vanadium, which was associated with a regional natural background condition and has been commonly approved by NJDEP prior to the release of the proposed remediation standards.

Not the outcome we were hoping for, but it was worth a shot. JMS is always working to use the latest science and information available to find creative solutions to help our clients meet their remedial obligations as efficiently as possible.  Contact us today to see how we can help your site meet the NJDEP regulations.

 

Miranda Bandeli

Environmental Scientist


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