Site Remediation News
May 1997 (Vol 9 No 2) - Article 02

Return to Table of Contents. Summary of Major Amendments to the Technical Requirements For Site Remediation N.J.A.C. 7:26E Note: This summary is based on the unofficial version of the rule and is for informational purposes only. Subchapter 1 - General Information Subchapter 2 - Quality Assurance For Sampling and Laboratory Analysis Subchapter 3 - Preliminary Assessment and Site Investigation Subchapter 4 - Remedial Investigations (RI) Subchapter 5 - Remedial Action Selection Subchapter 6 - Remedial Action Appendix C: Mann-Whitney U-Test Subchapter 1 - General Information Return to top of this article 1.3 Applicability (c) Work conducted after the effective date of the amended rule is to be in full compliance with the amended rule. However, work conducted pursuant to workplans submitted prior to effective date of the amended rule may be conducted pursuant to the original rule as long as the work is done within 6 months of the Department's approval of the workplan. 1.4 Notification (a) Requires that municipal clerk be notified of proposed Remedial Actions 45 days prior to the implementation of a Remedial Action (not applicable to RCRA/CERCLA). (b) Immediate notification of the Department is required when an Immediate Environmental Concern (IEC) condition is identified. IECs are defined at 1.8. (d)9. Submit the location of the site in a Geographic Information System (GIS) compatible format. 1.6 Documenting Compliance with the Technical Requirements (d) Variances may be submitted within an oversight document. (d) Verbal variances are permitted to allow for changes in sampling protocol when sampling locations are not accessible due to physical obstructions/safety hazards. 1.12 (new) Requirement for Department Oversight of Remediation Requires Department oversight for the investigation and remediation of sites with anthropogenic radionuclide contamination and sites with IEC conditions.

Subchapter 2 - Quality Assurance For Sampling and Laboratory Analysis Return to top of this article 2.1 Quality assurance requirements: (a)1 Requires analysis of samples using EPA SW-846 and EPA CLP analytical methods to be performed by DEP certified laboratories pursuant to N.J.A.C. 7:18. (a)2 Decertification or suspension of a laboratory pursuant to N.J.A.C. 7:18 will result in rejection of all applicable analytical data generated after the date of decertification or suspension. (a)4 Requires field preservation with methanol for the analysis of volatile organic contaminants for non-aqueous samples. NOTE: The Department recommended method, Methodology for the Field Extraction/Preservation of Soil Samples with Methanol for Volatile Organic Compounds February 1997, will not be adopted as an appendix to the Technical Rules. This method will be incoporated into the Department's Field Sampling Procedures Manual. Copies of the manual, at a cost of $25 are available through: NJDEP Maps and Publications P.O. Box 438, Trenton, NJ 08625-0438 609/777-10389 In addition, if a separate copy is needed, the method can be obtained by calling NJDEP at 609/633-1348. The method can also be obtained from the SRP on the Department's Bulletin Board System (BBS), phone 609/292-2006. Shortly, it will also be made available on the SRP Web site at https://www.nj.gov/dep/srp. (a)11 Describes methods (not inclusive) for determining whether free and/or residual product is present in either soil or water. For contaminants that have densities greater than water, free and/or residual product will be considered to be present if the contaminant is detected in groundwater at concentrations equal to or greater than one percent its water solubility. (a)13 Full data deliverables are required for hexavalent chromium in soil analyses. Minimal data deliverables are acceptable for long term ground water monitoring data. (d)1 References a new method for the analysis of soil and sediment samples for petroleum hydrocarbons, NJDEP Method OQA QAM 025 10/91: "Quantitation of Semi-volatile Petroleum Products in Water, Soil, Sediment and Sludge" (modified EPA method 8015B). Specifies that analysis shall be conducted by a laboratory that is certified for any gas chromatography method pursuant to N.J.A.C. 7:18. Table 2-1 (formerly Table 2-3) Includes analytical requirements for "waste vehicular crankcase oil" and "waste mineral oil"; eliminates PCBs and pesticides as ground water analyses for waste oil sources.

Subchapter 3 - Preliminary Assessment and Site Investigation Return to top of this article 3.1 Preliminary assessments (c)1i(6) Requires that the Department GIS be used as a source of information when conducting the preliminary assessment for a site. Rule now requires responsible parties to utilize the Department's GIS as a source of information throughout the remediation process. (c)1ix Requires a review of all remedies previously approved by the Department. (c)1xiv Requires an evaluation of all areas where non-indigenous fill materials were used. 3.2 Preliminary assessment report (a)5 For all areas of concern where a No Further Action Letter was issued by the Department, an evaluation of current promulgated numeric remediation standards with those applicable at the time of the determination is required to determine if there is a change in the numeric standard greater than an order of magnitude. 3.4 Site Investigation - General sampling requirements (a)4. Allows for sampling modifications, due to physical constraints, upon prior verbal approval by the Department. 3.5 Site Investigation - Building interiors Limits building interior sampling to situations where contaminants inside the building have the potential to migrate to the environment outside the building or when contaminants outside the building have the potential to migrate into the building. 3.6 Site Investigation - Soil (a)2i Soil logs must document the presence of any free and/or residual product. (b) Recommends the use of soil gas techniques, as described in the Department's Field Sampling Procedures Manual, to assist in the evaluation of contaminated soil, where extensive traditional soil sampling may otherwise be required, such as for lengthy sections of below-grade piping. 3.7 Site Investigation - Ground water (a) Added a ground water Site Investigation (SI) trigger: when any soil contaminant detected in the area of concern has a water solubility greater than 100 mg/l and any part of the area of concern at which the soil contamination was detected is located within 2,000 feet of a public supply well. (f) Sets forth the requirements for determining whether background ground water contamination is present, whether contamination is from natural or man-made sources. 3.8 Site Invesigation - Surface water and sediment (a) Specifies SI triggers for surface water and sediments, including (1) known historical or ongoing discharges, (2) stressed vegetation, sheens, seeps, discolored soil or sediment along the shoreline or on the surface water body, (3) evidence of stream impacts from historical discharges, and (4) existing onsite ground water contamination in excess of the applicable State or Federal surface water criteria. 3.9 Site Investigation - Area specific requirements (a)3i1(A) Allows soil sampling within 5 feet of Underground Storage Tanks (USTs) (instead of 2 feet), under certain circumstances, because of safety considerations. When soil samples are located within 5 feet of usts instead of 2 feet, a groundwater sample within 5 feet of the tank is also required. (a)3i1(B) Specifies sampling requirements for USTs within the saturated zone: allows option for either a soil or ground water investigation if VO contamination; soil only for other contaminants. (a)5ii Adds product dispensers as locations to bias soil sampling locations while sampling piping systems. (a)5iii Allows piping runs within two feet of another pipe run to be considered a single pipe run, and establishes soil sampling requirements. 3.10 (new) Site Investigation - Background investigation in soil Specifies procedures for identifying background soil contamination from naturally occurring compounds: a minimum of 10 background samples are required (5 locations, surface/subsurface sample at each). 3.11 (new) Site Investigation - Ecological evaluation (a) Requires qualitative evaluation all sites/areas of concern (AOCs) for potential ecological impacts using 3-part test; based on SI sample results and site walk; if all 3 triggers exist, further ecological investigation is required in the Remedial Investigation (RI); triggers include: Contaminants of ecological concern exist onsite; An environmentally sensitive area exists on or adjacent to the site; Use DEP GIS as information source for sensitive areas; and Potential contaminant migration pathways to the sensitive area exist. 3.12 (new) Site Investigation - Historic fill material Specifies requirements for historic fill. Allows sites with historic fill to use a Department database to establish contaminant concentrations or to do a site specific evaluation. 3.13 (formerly 3.10) Site investigation report (c)3v Requires that data collected during the SI be submitted both in hard copy and as an electronic deliverable using the database format outlined in detail in the current HAZSITE application or appropriate spreadsheet format specified in the Department's electronic data interchange handbook. (c)3v7 Requires submittal of specific information regarding ground water purging and sampling.

Subchapter 4 - Remedial Investigations (RI) Return to top of this article 4.1 Remedial investigation requirements (b) Allows the use of less stringent soil cleanup criteria for horizontal/vertical delineation of contamination on properties where its continued use is to be industrial (non-residential) and the owner agrees to place an institutional control on the property, restricting its use to industrial purposes. (b)2ii Clarifies that, while the extent of contamination may be estimated to complete the Remedial Investigation (RI), the extent of contamination above the applicable unrestricted use remediation standard must be confirmed using laboratory analyses prior to the completion of a remedial action. (b)3 Specifies that if a vertical soil contaminant gradient has not been established at the water table, saturated zone soil must be delineated for free/residual product and for direct contact soil cleanup criteria (instead of "Impact to Ground Water Soil Cleanup Criteria"). 4.2 Remedial investigation workplan (b)4 Requires that the Department GIS be used as a source of information for determining various physical characteristics of the site and surrounding area. 4.4 Remedial investigation of ground water (a)4 Adds a ground water RI trigger: when any soil contaminant detected in the area of concern has a water solubility greater than 100 mg/l and any part of the area of concern at which the soil contamination was detected is located within 2,000 feet of a public supply well. (g)10 and 11 Specifies that monitoring wells have permit numbers and site specific well identification numbers prominently displayed and permanently affixed to the monitoring well, be constructed with a locking cap and generally protected from damage and vandalism, and damage or vandalism to a monitoring well or piezometer be reported to the Department, and the damaged monitoring well or piezometer properly repaired or decommissioned. (h)3v(1) Requires that the Department GIS be used as part of the file search when conducting a well search for wells in the vicinity of the site. 4.6 Remedial Investigation of Landfills and Historic Fill Material (b) Specifies requirements for delineating historic fill. Specifies requirements for characterizing historic fill, either by using the database or collecting and analyzing samples from each type of fill. Specifies requirements for areas of concern in historic fill and groundwater sampling in historic fill. Table 4-2 Lists the maximum and average concentrations of contaminants in typical historic fill. 4.7 (new) Remedial Investigation of Ecological Receptors (a) Follow-up ecological investigations must be conducted to confirm/characterize potential ecological impacts identified in the 3-part qualitative screening conducted as part of the Site Investigation; (b) Requires a detailed ecological risk assessment, consistent with EPA guidance, when site contamination has impacted an environmentally sensitive area. 4.8 Remedial investigation report (c)4 Specifies what should be included in the remedial investigation report for Historic Fill, i.e., stratigraphic logs, history. (c)3 Requires electronic submittal of data, per 3.13(c)v. (d)2vii Requires that maps be submitted depicting the horizontal/vertical extent of any free and/or residual product zones in ground water or soil.

Subchapter 5 - Remedial Action Selection Return to top of this article 5.1 Remedial action selection Changes the existing definition of "permanent remedy," which defines permanence based upon the remedial action's ability to reduce or eliminate contaminants in the media. New definition of "permanent remedial action" is based on the site condition after remediation. Allows off-site disposal to be considered "permanent" as long as the site is remediated for "unrestricted use." All remedial actions (both permanent and non-permanent) must reduce or eliminate exposure to contaminants which are present above any remediation standard and must comply with applicable laws and regulations. During remedy selection, the remedy must be evaluated for its: ability to protect the public and the environment implementability technical performance, effectiveness and reliability degree of reduction in toxicity, mobility, volume; timeliness consistency with applicable laws and regulations potential impacts to the local community degree of permanence potential for natural resource injury The following requirements must be met to select a non-permanent remedy: Potential for off-site migration of contaminants must be mitigated or eliminated; Access/exposure to areas where contamination remains must be restricted; The cost of the lowest cost permanent remedy must be greater than 2 times the cost of the selected non-permanent remedy; Treatment/removal of contaminated soil to the restricted use soil standard is not acceptable if the soil can be treated/removed to meet the unrestricted use soil standard at an additional cost of 10% or less; Institutional controls must be placed and maintained on the property to insure protection of the public and the environment; Transferee or owner of the property must agree in writing to the restrictions and controls on the property. Feasibility Studies and Corrective Measure Studies are still required for those sites being remediated pursuant to CERCLA/RCRA. 5.2 Remedial action selection report This report discusses how the proposed remedial action satisfies all of the criteria above and contains applicable cost analyses if a non-permanent remedial action for soil contamination is selected. The cost analysis contains: a cost estimate for the proposed non-permanent remedial action; a cost estimate for the lowest cost permanent remedial action; description of lowest cost permanent remedial action; This report is submitted prior to implementing: any non-permanent remedial action *; any remedial action which will take longer than five years; any remedial action for ground, surface water, sediment or ecological impact. * exception is non-permanent soil remedial actions which will achieve the restricted use soil standard without engineering controls in 5 yrs or less; or IRM's.

Subchapter 6 - Remedial Action Return to top of this article 6.1 Remedial action requirements (b)5 Requires property owners of sites where non-permanent remedies are implemented to conduct a reevaluation of the non-permanent remedy every 5 years, and to submit a written report which includes a physical inspection of the engineering controls and continued adequacy of the institutional controls. (d) Requires that free and/or residual product be treated or removed when practicable, or contained when treatment or removal are not practicable. Specifies that natural remediation of free and/or residual product will not be allowed. (g) Specifies that if groundwater contamination is confirmed to be from an onsite discharge, the Department will determine the need to establish a Classification Exception Area for the impacted area of the aquifer per N.J.A.C. 7:9-6.6. 6.2 Remedial action workplan (a)17 Specifies the information that must be submitted to the Department in order for the Department to establish a Classification Exception Area. (b) If contaminated soil is be to reused at a site, the requirements for an evaluation and soil reuse proposal are specified. (c) Specifies that institutional and engineering controls may be proposed to remediate historic fill material at a site. 6.3 Specific remedial action requirements (b)6i(3)(A) Clarifies and changes requirements for soil sampling after removal/closure of an UST when there is no evidence of a discharge. Samples are only required along the centerline of the UST and no longer required at the sidewalls of the excavation. (b)6i(3)(A)(I) Clarifies requirements when USTs are removed/closed and there is ground water in the excavation - for contaminants that have specific gravities less than one, greater than one, and for contaminants with mixed specific gravities. (b)6i(4) Requires a ground water sample, when there is any evidence of a discharge, for instances where there is insufficient soil to collect a sample, or the tank is in ground water. (b)6i(5) Requires a ground water sample if there is any evidence of a discharge. (b)6ii Establishes requirements to be followed for the abandonment in-place of a physically accessible underground storage tank as an acceptable form of tank closure. Previously, the Department had only allowed abandonment in place if tanks were beneath a structure or physically inaccessible. (b)6iii Allows alternate methods of documenting a tank's integrity if a tank is under a permanent structure, or is physically inaccessible, or the sampling procedures will cause damage to an adjacent structure. (b)6iv No sampling required after closure of USTs that have always had secondary containment and leak detection and there has never been evidence of a discharge. (b)6v Requires closed piping to be addressed in accordance with 3.9(a)5. (d) Specifies information that must be submitted to the Department in order to verify the viability of natural ground water remediation as the remedial alternative for ground water contamination. (d) Also specifies site specific criteria to be met in order for the Department to approve a natural remediation proposal, including absence or containment of free/residual product, completed delineation of ground water contamination, and determination of transport fate of contamination. (e) Specifies ground water monitoring requirements for natural ground water remediation. Includes installation of monitoring wells at specific locations relative to the contaminant plume. Also sets forth the minimum ground water monitoring program necessary to evaluate whether natural remediation is occurring, and to verify any fate and transport modeling conducted. Lastly, sets forth requirements for when no further remediation/additional remediation will be required, based on the evaluation of the ground water data. 6.4 Post-remedial action requirements (a)5 Specifies that if the extent of contamination above the applicable unrestricted use standard is estimated during the remedial investigation, it must be confirmed by analysis prior to completion of the remedial action. (a)6 Specifies that if a Classification Exception Area was established in a ground water use area, it is required that ground water data be submitted to the Department, verifying that the contamination has in fact degraded to the applicable ground water standards. Also, states that the Classification Exception Area will remain in place until ground water sampling results confirm that the contaminant concentrations have decreased to or below the applicable ground water quality standard. (d) Specifies requirements for the sampling of soils that are excavated as part of a remediation but are intended for site specific reuse. 6.6 Remedial action report (d) Specifies that for active ground water remedial actions, the remedial action report shall include figures representative of flow conditions immediately preceding initiation of the remedial action and flow conditions representative of pumping conditions, as well as graphs depicting changes in contaminant concentration over time.

Appendix C: Mann-Whitney U-Test Return to top of this article Provides instructions for performing a statistical evaluation of ground water data in order to confirm whether ground water contamination is naturally degrading.

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Last revision: 29 Aug 97