Brickhouse Environmental NJDEP Regulatory Update
NJDEP Soil Remediation Standards 

On June 2, 2008, the New Jersey Department of Environmental Projection (NJDEP) adopted new Soil Remediation Standards (SRS) that replace the Soil Cleanup Criteria (SCC). The new standards require the development of site-specific impact to groundwater values. The NJDEP concurrently amended the Technical Requirements for Site Remediation to reference the new SRS. They also provided new remedial guidance related to the development of site-specific impact to groundwater standards. The new SRS affects sites currently involved in the remediation process. Even sites with No Further Action (NFA) determinations may be reopened by the NJDEP under some circumstances.

 
 

The NJDEP is currently developing and posting new technical and transitional guidance at

www.nj.gov/dep/srp/guidance/rs. Included in the list of guidance documents is a "Phase in Period Guidance". This document provides guidelines necessary to decide whether the old SCC or new SRS should be applied to sites at various stages in the site remediation process. The following provides a summary:

 

·      The old SCC may be applied to a site if the remediating party submits a remedial action workplan (RAWP) or a remedial action report (RAR) before December 2, 2008 that establishes the old SCC as the standards for the site. The report must be approved by the NJDEP. If the NJDEP issues a Notice of Deficiency for the RAWP or RAR, the remediator must rectify all deficiencies within NJDEP specified timeframes.

 

·      Also, if the old SCC values, specific to the contaminants at the site, exceed the new respective SRS values by more than a factor of ten, an order-of-magnitude evaluation must be conducted. For this purpose, the NJDEP has development and posted an "Order of Magnitude Guidance" document which presents a variety of possible scenarios for sites in various stages of remediation. The application of this document can be simple or complex depending on the stage of remediation, the contaminants present and the remedial goals.

 

If you are involved or plan to become involved with a soil remediation project in New Jersey, the new Soil Remediation Standards could have a significant impact on your project goals. Every site currently working through the site remediation program or has already received a No Further Action (NFA) determination warrants a careful evaluation to determine how the updated standards may impact your project.

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NJDEP UHOT 
 
New Jersey's Underground Storage of Hazardous Substances Act has been amended to require contractors performing work on unregulated tanks to be certified. The NJDEP has created a program to pre-qualify environmental professionals to investigate and remediate Unregulated Heating Oil Tanks. This program is being implemented in the same manner, and has the same benefits, as the Cleanup Star Program. However, Cleanup Star contractors are not eligible to perform this work unless they are also registered and certified for the UHOT Program.  Until a certification program is established specifically for Unregulated Heating Oil Tanks (expected in late 2008 or early 2009), the DEP will rely on individuals holding a valid New Jersey UST Certification in Subsurface Evaluation and also holding the UHOT registration/certification.

 

The Program will accept sites (cases) which undergo all aspects of remediation (soil and ground water) on Unregulated Heating Oil Tanks with the exception of:

  • Cases with an Immediate Environmental Concern (IEC) condition, as defined by the DEP's IEC guidance document;
  • Cases with ground water contamination exceeding a Ground Water Quality Standard (GWQS) and with a potable well (on-site or off-site) within 100 feet of the contamination;
  • Cases for which the discharge results in groundwater contamination that has migrated beyond the property boundaries of the owner of the tank;
  • Cases for which the discharge from the tank requires the initiation of a vapor intrusion investigation;
  • Cases with a discharge to surface water and/or wetland;
  • Cases for which a non-permanent remedy requires an engineering or institutional control;
  • Cases that will be remediated to an Alternative Remediation Standard;
  • Cases for which a variance from the Technical Requirements is requested pursuant to N.J.A.C. 7:26E-1.6(d); or
  • Cases for which remediation will be conducted under NJPDES Permit by Rule authority, or On-Scene Coordinator Discharge Authorization Pursuant to the Water Pollution Control Act, N.J.S.A. 58:10A-1 et. seq., and 40 CFR Part 300, the National Oil and Hazardous Substance Pollution Contingency Plan (NCP).

 

Note that only environmental professionals holding a valid New Jersey UST Certification in Subsurface Evaluation and the UHOT registration/certification may conduct oversight for the Unregulated Heating Oil Tank Program at this time. Individuals who are pre-qualified under the Cleanup Star Program but do not hold a New Jersey UST Certification in Subsurface Evaluation are not eligible for this Program, and reportedly, they will not be eligible when the Unregulated Heating Oil Tank Final Certification becomes available.

 

If you are confronted with a release from an unregulated heating oil tank in New Jersey, Brickhouse Environmental has professionals with the required certifications listed above.  Feel free to contact David Farrington or Douglas Schott at 610-692-5770 with any questions.

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About Brickhouse Environmental
Brickhouse Environmental is a full service environmental consulting firm providing a broad range of services to clients in the tri-state area. We have entered into our 30th year with revitalized energy and a new location in West Chester, Pennsylvania. Founded in 1977, the company draws from a staff of over 20 professional geologists, engineers and scientists to meet our clients' needs. With a main office in West Chester, Pennsylvania and a branch office in New York, the company provides a wide range of environmental services to clients in industry, private business, and local government.  
David B. Farrington, PG 
Principal 
610-350-3925
Douglas B. Schott, PG 
Senior Geologist 
610-350-3935