Soil Remediation Standards November 17, 2017

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Presentation transcript:

Soil Remediation Standards November 17, 2017 NJDEP/A&WMA Regulatory Update Conference IRIS Updates Soil Remediation Standards November 17, 2017 Barry Frasco, Assistant Director Site Remediation and Waste Management Program

IRIS Updates Soil Remediation Standards Regulatory Basis Remediation Standards N.J.A.C. 7:26D-6 Department may update soil remediation standards contained in the rule if USEPA revises toxicity information in the Integrated Risk Information System (IRIS)

IRIS Updates Soil Remediation Standards Regulatory Basis Remediation Standards N.J.A.C. 7:26D-6 Accomplished through a Notice of Administrative Change published in the New Jersey Register Notice of Administrative Change shall: Identify the contaminant List the revised soil remediation standard Describe the basis for the change of the soil remediation standard

IRIS Updates Soil Remediation Standards Notice of Administrative Change Published in the September 18, 2017 edition of the New Jersey Register

IRIS Updates Soil Remediation Standards Additional information Listserv announcement Courtesy copy of the Notice of Administrative Change available on the SRWMP website Updated copy of the Remediation Standards available on the SRWMP website Phase in guidance on the use/application of the updated soil remediation standards available on the SRWMP website

IRIS Updates Soil Remediation Standards Affected Contaminants The soil remediation standards for 11 contaminants increased (became less stringent) The soil remediation standards for 6 contaminants decreased (became more stringent) The soil remediation standards for 1 contaminant remained unchanged One contaminant is no longer regulated

IRIS Updates Soil Remediation Standards Contaminant Previous Residential Direct Contact Soil Remediation Standard (mg/kg) Updated Residential Direct Contact Soil Remediation Standard (mg/kg) Previous Non-Residential Direct Contact Soil Remediation Standard (mg/kg) Updated Non-Residential Direct Contact Soil Remediation Standard (mg/kg) Direct Contact Soil Remediation Standards that Increased Benzo(a)Anthracene 0.6 5 2 17 Benzo(a) Pyrene 0.2 (PQL) 0.5 0.2 Benzo(b)Fluoranthene Benzo(k)Fluoranthene 6 45 23 170 Chrysene 62 450 230 1,700 Dibenz(ah)Anthracene Indeno(123-cd)Pyrene Carbon Tetrachloride 4 Methylene Chloride 34 46 97 Tetrachloroethene 43 1,500 1,1,1-Trichloroethane 290 22,000 NS (Csat)

IRIS Updates Soil Remediation Standards Contaminant Previous Residential Direct Contact Soil Remediation Standard (mg/kg) Updated Residential Direct Contact Soil Remediation Standard (mg/kg) Previous Non-Residential Direct Contact Soil Remediation Standard (mg/kg) Updated Non-Residential Direct Contact Soil Remediation Standard (mg/kg) Direct Contact Soil Remediation Standards that Decreased - No Order of Magnitude Change Hexachloroethane 35 12 140 48 Nitrobenzene 31 5 **** Pentachlorophenol 3 0.9 10 Trichloroethene 7 20   Direct Contact Soil Remediation Standards that decreased - Order of Magnitude Change 1,1-Biphenyl 3,100 61 34,000 240 Cyanide 1,600 47 23,000 680 340 14

IRIS Updates Soil Remediation Standards Contaminant Previous Residential Direct Contact Soil Remediation Standard (mg/kg) Updated Residential Direct Contact Soil Remediation Standard (mg/kg) Previous Non-Residential Direct Contact Soil Remediation Standard (mg/kg) Updated Non-Residential Direct Contact Soil Remediation Standard (mg/kg) Direct Contact Soil Remediation Standard that Did Not Change 1,1,2,2-Tetrachloroethane 1 3 Contaminant No Longer Regulated Thallium 5 Not Regulated 79 1,1,1-Trichloroethane ** 4,200

IRIS Updates Soil Remediation Standards Standards that Decreased – Less than an Order of Magnitude   Contaminant Number Existing Active Cases Number of Additional Active Cases Number of Closed Cases with Deed Notices Number of Additional Closed Cases with Deed Notices Hexachloroethane 59 3 N/A Pentachlorophenol 7 9 Trichloroethene 203 54 Nitrobenzene 24 8

IRIS Updates Soil Remediation Standards Standards that Decreased – Order of Magnitude or More   Contaminant Number Existing Active Cases Number of Additional Active Cases Number of Closed Cases with Deed Notices Number of Additional Closed Cases with Deed Notices 1,1-Biphenyl 1 14 5 Cyanide 3 20 6

IRIS Updates Soil Remediation Standards Standards that Increased   Contaminant Number Existing Active Cases Number of Fewer Active Cases Number of Closed Cases with Deed Notices Number of Fewer Closed Cases with Deed Notices Benzo(a)Pyrene 1325 212 1173 286 Benzo(b)Fluoranthene 1163 593 880 546

IRIS Updates Soil Remediation Standards Operative Date of Update Changes Publication of the Notice of Administrative Change (September 18, 2017)

IRIS Updates Soil Remediation Standards Phase in of Updated Soil Remediation Standards The person responsible for conducting the remediation may continue to remediate a site using soil remediation standards in effect prior to September 18, 2017, provided the updated remediation standard is not an order of magnitude or more lower than the pre-September 18, 2017 remediation standard, and if the following conditions exist:

IRIS Updates Soil Remediation Standards Phase in of Updated Soil Remediation Standards 1. The site being remediated has either: an existing Remedial Action Workplan or Remedial Action Report approved by the Department, or an existing Remedial Action Workplan or Remedial Action Report certified by a licensed site remediation professional (LSRP) and that has been submitted to the Department. OR

IRIS Updates Soil Remediation Standards Phase in of Updated Soil Remediation Standards 2. The site being remediated will have by March 18, 2018 either: a Remedial Action Workplan or Remedial Action Report approved by the Department, or a Remedial Action Workplan or Remedial Action Report certified by an LSRP and submitted to the Department.

IRIS Updates Soil Remediation Standards Phase in of Updated Soil Remediation Standards Additionally, the remedial action must be conducted within the applicable regulatory timeframe as specified in the Technical Requirements for Site Remediation at N.J.A.C. 7:26E-5.8.