NJ DEPARTMENT of ENVIRONMENTAL PROTECTION
Site Remediation Program

Notice of Rule Proposal
Administrative Requirements for the Remediation of Contaminated Sites Rules, N.J.A.C. 7:26C and Technical Requirements for the Remediation of Contaminated Sites Rules, N.J.A.C. 7:26E

Public Notice
Take notice that the NJ Department of Environmental Protection is proposing amendments to the Administrative Requirements for the Remediation of Contaminated Sites (ARRCS) rules, N.J.A.C. 7:26C and the Technical Requirements for the Remediation of Contaminated Sites (Technical Requirements) rules, N.J.A.C. 7:26E.

On November 4, 2009, the Department adopted interim rules to implement the Site Remediation Reform Act (SRRA), N.J.S.A. 58:10C-1 et seq.  The interim rules include the new ARRCS rules and amendments to the Technical Requirements.  The ARRCS rules establish mandatory timeframes and the Technical Requirements establish regulatory timeframes for certain aspects of remediation.

Since the adoption of the interim rules, the Department has conducted stakeholder outreach.  Stakeholders expressed concern that the mandatory and regulatory timeframes are too short.

Therefore, the Department is proposing to amend the mandatory remediation timeframes established in the ARRCS rules by extending them for one additional year, and is also proposing to amend the regulatory timeframes set forth in the Technical Requirements in order to afford the person responsible for conducting the remediation a full one year “safety cushion” to ensure that the mandatory timeframes are met.

Stakeholders were also concerned that the definition of an immediate environmental concern involving indoor air in the Technical Requirements is too conservative and not consistent with the definition of immediate environmental concern in SRRA. The Department is proposing to amend the trigger for an immediate environmental concern in indoor air in the Technical Requirements from an exceedance of the  screening level to the exceedance of the rapid action level contained in or developed consistent with the Department’s Vapor Intrusion Guidance

The proposal is scheduled to be published in the New Jersey Register dated October 4, 2010.  A copy of the proposal is available from the Department’s website, or may be purchased from Lexis/Nexis at www.lexisnexis.com/bookstore.

Two public hearings concerning the proposal are scheduled as follows:

Monday, November 1, 2010 from 10 a.m. to 12 p.m.
New Jersey Department of Environmental Protection
Public Hearing Room
401 E. State Street
Trenton, NJ 08625

Wednesday, November 3, 2010 from 10 a.m. to 12 p.m.
New Jersey Water Supply Authority
1851 State Route 31
Clinton, NJ 08809

Written comments may be submitted by December 3, 2010 to:

NJ Department of Environmental Protection
Leslie Ledogar, Esq.
ATTN: DEP Docket No. 06-10-09
Office of Legal Affairs
PO Box 402
Trenton, New Jersey 08625