Changes to the New Jersey Soil Remediation Standards

On May 17, 2021, NJDEP promulgated the new soil remediation standards (NJAC 7:26D). Among the significant changes to the rules are the following:

• soil and soil leachate remediation standards for the migration to ground water exposure pathway;
• indoor air remediation standards for the vapor intrusion exposure pathway. 
• replacement of direct contact soil remediation standards with separate soil remediation standards for the inhalation exposure pathway and the ingestion-dermal exposure pathway.
• Order of Magnitude change to the residential and no-residential standard for ethylbenzene to address the inhalation risk.

Similar to previous changes to remediation standards, there is a six-month Phase In period for the implementation of the new standards, provided the old standard is not greater than or equal to an order of magnitude than the new standard (such as ethylbenzene); a remedial action workplan or a remedial action report containing standards was submitted to the NJDEP between March 19, 2018, and November 17, 2021 (six months after the May 17, 2017 effective date of the rule amendment); The remedial action workplan or remedial action report was either approved by the NJDEP or certified by a Licensed Site Remediation Professional; and the person responsible for conducting the remediation completes the remedial action within the applicable remedial action regulatory timeframe.

More information about the remediation standards is available on the NJDEP webiste:

https://www.nj.gov/dep/srp/guidance/rs/