A new proposal is out to amend the current New Jersey Remediation Standards (N.J.A.C. 7:26D) and is currently in a 60 day public comment period. The proposed change create new categories of standards for soil, soil leachate, and indoor air vapor. However, the changes would result in a net reduction in stringency of the soil standards. Ultimately, once adopted, this will also affect how excavated soils are managed for various brownfield capping and beneficial use scenarios. See the proposed rule change here:

Under the proposal, NJDEP will replace the existing ‘NJ Direct Contact Soil Remediation Standards’ with two new categories: ‘Ingestion-Dermal’ and ‘Inhalation’ pathway soil standards. As a result, this will cause elimination of 11 currently regulated soil analytes, and the addition of 16 new analytes. The proposed rules would also replace the current ‘Default Impact to Groundwater Soil Screening Levels’ with ‘Migration to Groundwater’ pathway soil standards, removing 7 currently regulated analytes and adding 7 new analytes.

Have questions on the implications of these changes on future brownfield or soil disposal projects? Give us a call to discuss or contact us here.