N.J. Admin. Code 26D app 7

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

DEVELOPMENT OF ALTERNATIVE REMEDIATION STANDARDS FOR SOIL FOR THE INHALATION EXPOSURE PATHWAY

Pursuant to N.J.A.C. 7:26D-8.3(a)1ii, an alternative remediation standard (ARS) for soil for the inhalation 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 of this appendix are applicable to carcinogenic and noncarcinogenic health end-points.

(c) The ARS options outlined in III of this appendix may be utilized for residential and nonresidential land use scenarios, as well as alternative land use scenarios described in III(a) of this appendix.

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

II. Required Approvals and Permits

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

(b) An ARS developed in accordance with III(b) of this appendix does not require approval by the Department prior to use at the specific site or area of concern.

(c) 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-7for an ARS developed pursuant to III(a), III(b)1iv, and III (b)3 of this appendix to ensure that the continued use of the ARS remains valid.

(d) The Department shall not require the use of an institutional control, engineering control (as needed), and a remedial action permit, pursuant to N.J.A.C. 7:26C-7for an ARS developed pursuant to III(b)1v and III(b)2 of this appendix.

III. Options and Procedures

(a) An ARS for this exposure pathway may be based on a site-specific alternative land use, which would involve an alternative exposure scenario (for example, exposure frequency, exposure time, 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; and

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

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), exposure time (ET), and exposure duration (ED) associated with the intended land use in accordance with Department guidance;

ii. Use the EF, ET, and ED in the Department's calculator located on the Department's website to calculate the ARS; and

iii. Submit 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 institutional controls and engineering controls associated with the ARS.

(b) An ARS for soil for this exposure pathway may be based site-specific parameter modifications as follows:

1. Depth Range of Contamination:

i. Determine the actual depth range of contamination by delineation sampling pursuant to the Technical Requirements for Site Remediation, N.J.A.C. 7:26E-4, and Department guidance;

ii. Use the actual depth range of contamination in the Department's calculator located on the Department's website to calculate an alternative inhalation remediation standard;

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

(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, including all related laboratory results; and

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

iv. 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 based on a site-specific depth range of contamination that begins at a depth greater than zero feet below ground surface to ensure that the continued use of the ARS remains valid; and

v. The Department shall not require the use of an institutional control, engineering control, or a remedial action permit, pursuant to N.J.A.C. 7:26C-7, for an ARS based on a site-specific depth range of contamination that begins at the ground surface.

2. Soil Organic Carbon Content (foc):

i. Collect and analyze samples for determining foc in accordance with the appropriate Department guidance;

ii. Input the appropriate foc value(s) in the Department's calculator located on the Department's website when calculating an alternative inhalation remediation standard; and

iii. Provide the following to the Department in addition to the applicable form found on the Department's website with the applicable remedial phase report:

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

(2) A description and basis of how the input parameters were selected, including all related laboratory results.

3. Fraction of Vegetative Cover (V):

i. Determine V on the site in accordance with the appropriate Department guidance;

ii. Use V in the Department's calculator located on the Department's website to calculate the ARS for soil for the inhalation exposure pathway; and

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

(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, including all measurements and calculations; and

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

Notes

N.J. Admin. Code 26D app 7
Adopted by 53 N.J.R. 775(b), effective 5/17/2021

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