N.J. Admin. Code 26D app 6

Current through Register Vol. 54, No. 7, April 4, 2022

DEVELOPMENT OF ALTERNATIVE REMEDIATION STANDARDS FOR SOIL FOR THE INGESTION-DERMAL EXPOSURE PATHWAY

Pursuant to N.J.A.C. 7:26D-8.3(a)1i, an alternative remediation standard (ARS) for soil for the ingestion-dermal exposure pathway may be developed for a site or an area of concern in accordance with the procedures provided in this appendix.

I. Overview

(a) An ARS for this exposure pathway may be developed at any time.

(b) The ARS options listed in III(a) of this appendix are applicable to carcinogenic and noncarcinogenic health end-points.

(c) An ARS for this exposure pathway may be developed based on site-specific alternative land uses in accordance with III(a) and III(b)1 of this appendix.

(d) An ARS for this exposure pathway may be developed based on site-specific modification of parameters in accordance with III(b)2 and 3 of this appendix.

(e) An ARS for lead for this exposure pathway may be developed based on use of other models and methods pursuant to III(b)4 of this appendix.

II. Required Approvals and Permits

(a) An ARS developed in accordance with III(a) and III(b) of this appendix must be approved by the Department prior to use at the specific site or area of concern.

(b) The Department shall require the use of an institutional control, engineering control (as needed), and a remedial action permit, pursuant to N.J.A.C. 7:26C-7, for an ARS developed pursuant to III(a) and III(b)1 and 3 of this appendix to ensure that the continued use of the ARS remains valid.

(c) The Department shall not require the use of an institutional control, engineering control, and a remedial action permit, pursuant to N.J.A.C. 7:26C-7, for an ARS developed pursuant to III(b)2 of this appendix.

(d) Depending on the site-specific conditions the Department may require the use of an institutional control, engineering control, and a remedial action permit, pursuant to N.J.A.C. 7:26C-7, for an ARS developed pursuant to III(b)4 of this appendix.

III. Options and Procedures

(a) An ARS may be based on a site-specific alternative land use, which would involve an alternative exposure scenario (for example, exposure frequency and exposure duration) that is neither a residential nor a nonresidential land use scenario.

1. Examples of alternative land uses include, but are not limited to:

i. Active recreational land use, such as sports playing fields and playgrounds;

ii. Passive recreational land use, such as land and trails used for walking, cycling, and hunting;

iii. Restricted access areas, such as right-of-way areas used for the inspection and repair of utilities; and

iv. Infrequent access areas, such as ecological preservation and conservation areas.

2. The following actions shall be taken when developing an ARS pursuant to this appendix:

i. Determine the intended use of the site and the appropriate exposure frequency (EF) and exposure duration (ED) associated with the intended land use in accordance with Department guidance located on the Department's website;

ii. Use the EF and ED in the Department's calculator located on the Department's website to calculate an

alternative ingestion-dermal remediation standard; and

iii. Provide the following information to the Department in addition to the applicable form found on the Department's website:

(1) The resultant ARS and the modified input parameters used in the Department's calculator;

(2) A description and basis of how the input parameters were selected; and

(3) A description of any institutional controls and engineering controls associated with the ARS.

(b) For lead contamination, an ARS for this exposure pathway can be developed as follows:

1. Alternative Land Use Scenarios

i. An ARS for lead for an alternative land use may be based on the assessment of non-continuous nonresidential exposures identified in the USEPA's Assessing Intermittent or Variable Exposures at Lead Sites (USEPA, 2003)1; and

ii. Prior to the development of an ARS under III(b) of this appendix, consultation with the Department shall be required in accordance with Department guidance.

2. Site-Specific Changes to Default Values--Residential Exposure Scenario

i. An ARS for lead for a residential scenario may be based on input parameters identified by the Integrated Exposure Uptake Biokinetic Model for Lead in Children (IEUBK) (USEPA, 1994)2; and

ii. Prior to the development of an ARS for lead under III(b) of this appendix, consultation with the Department shall be required in accordance with Department guidance.

3. Site-Specific Changes to Default Values-Nonresidential Exposure Scenario

i. An ARS for lead for a nonresidential scenario may be based on the input parameters identified in the document Recommendations of the Technical Review Workgroup (TRW) for Lead for an Interim Approach to Assessing Risk Associated with Adult Exposures to Lead in Soil (USEPA, 1996)3; and

ii. Prior to the development of an ARS under III(b) of this appendix, consultation with the Department shall be required in accordance with Department guidance.

4. Other models and methods

i. With prior approval by the Department, an ARS for lead may also be developed using scientific models and methods other than those described in III(b)2 or 3 above.

1USEPA. 2003. Assessing Intermittent or Variable Exposures at Lead Sites, Office of Solid Waste and Emergency Response, OSWER 9285.7-76.

2 USEPA. 1994. Guidance Manual for the Integrated Exposure Uptake Biokinetic Model for Lead in Children. Office of Solid Waste and Emergency response, Washington, DC. OSWER 9285.7-15-1.

3USEPA. 1996. Recommendations of the Technical Review Workgroup for Lead for an Interim Approach to Assessing Risks Associated with Adult Exposures to Lead in Soil, USEPA Technical Workgroup for Lead. December 1996.

Notes

N.J. Admin. Code 26D app 6
Adopted by 53 N.J.R. 775(b), effective 5/17/2021

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