New Jersey Administrative Code
Title 7 - ENVIRONMENTAL PROTECTION
Chapter 26D - REMEDIATION STANDARDS
Appendix 9

Universal Citation: NJ Admin Code 9
Current through Register Vol. 56, No. 6, March 18, 2024

DEVELOPMENT OF ALTERNATIVE REMEDIATION STANDARDS FOR INDOOR AIR FOR THE VAPOR INTRUSION EXPOSURE PATHWAY

Pursuant to N.J.A.C. 7:26D-8.3(a)2, an alternative remediation standard (ARS) for indoor air for the vapor intrusion exposure pathway may be developed for a site or an area of concern in accordance with the procedures provided in this appendix.

I. Overview

(a) An ARS for this exposure pathway may be developed at any time.

(b) The ARS options listed in III of this appendix are applicable to carcinogenic and noncarcinogenic health end-points.

(c) The ARS options outlined in III of this appendix may be utilized for nonresidential buildings, but they are not applicable to residential buildings.

(d) An ARS may be developed based on modification of site-specific exposure parameters listed in III of

this appendix.

II. Required Approvals and Permits

(a) An ARS developed in accordance with this appendix must be approved by the Department prior to use at the specific site or area of concern.

(b) The Department shall require the use of an institutional control, engineering control (as needed), and a remedial action permit, pursuant to N.J.A.C. 7:26C-7for an ARS developed pursuant to this appendix to ensure that the continued use of the ARS remains valid.

III. Options and Procedures

(a) An ARS developed pursuant to this appendix is limited to site-specific modification of the following exposure parameters:

1. An alternative exposure frequency (EF) parameter representative of site-specific use that is incorporated in the applicable indoor air Equation 1 and 2 at N.J.A.C. 7:26D Appendix 5; or

2. An alternative exposure time (ET) parameter representative of site-specific use that is incorporated in the applicable indoor air Equation 1 and 2 at N.J.A.C. 7:26D Appendix 5.

(b) Examples where or when site-specific modification of exposure parameters may be acceptable include, but are not limited to:

1. A small generating station;

2. An isolated storage facility;

3. A restricted access area of a nonresidential building, such as a basement; or

4. Workday hours differing from eight hours.

(c) In developing an ARS pursuant to this appendix, the following supporting information, in addition to the applicable form found on the Department's website, shall be submitted to the Department:

1. The resultant ARS and the modified input parameters used in the Department's ARS calculator;

2. Support documentation justifying:

i. The basis for the site-specific parameters used to determine the ARS;

ii. The adequacy of proposed monitoring; and

iii. The adequacy of the institutional and engineering controls;

3. An overview of the history and contamination at the site or area of concern pertinent to the vapor intrusion exposure pathway including:

i. A description of any vapor intrusion investigation related to the ARS;

ii. The extent of soil and ground water contamination at the site affecting the vapor intrusion exposure pathway;

iii. A description of the subject building(s) and a scaled map of the site and surrounding area, identifying the subject building(s) and associated analytical results, including soil gas;

iv. Identification of the uses in the subject building(s) and the locations where receptors are present within the building(s);

v. A summary table presenting the analytical results, in accordance with N.J.A.C. 7:26E-1.6(b)6; and

4. Additional information used to develop the ARS.

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