Current through Register Vol. 56, No. 18, September 16, 2024
(a) If, within 180 days after the discovery of the discharge, the owner does not remediate the free product and ground water contaminant concentrations to below the vapor intrusion ground water screening levels, which are available on the Department's website at www.nj.gov/dep/srp/guidance/vaporintrusion/index.html, then the owner shall, within 240 days after the discovery of the discharge, conduct a vapor intrusion investigation by:
1. Identifying all buildings located within 30 feet of free product or ground water contamination that is in excess of the vapor intrusion ground water screening levels;
2. Determining the specific use and construction of each building identified in (a)1 above, including whether each building has a basement, a crawl space, or is constructed on a slab, and the approximate square footage of each building footprint;
3. Collecting an appropriate number of samples in appropriate locations, as referenced in the Vapor Intrusion Technical Guidance available at
www.nj.gov/dep/srp/guidance/vaporintrusion/vig_main.pdf;
4. Analyzing those samples for the analytes listed in the Technical Requirements for Site Remediation at N.J.A.C. 7:26E-2.1(c)3 pursuant to the Technical Requirements for Site Remediation at N.J.A.C. 7:26E-2.1(a)7; and
5. Preparing laboratory data deliverables pursuant to the Technical Requirements for Site Remediation at N.J.A.C. 7:26E-2.1(a)15i.
(b) After conducting the vapor intrusion investigation in (a) above, the owner shall:
1. Evaluate the results of the vapor intrusion investigation, including a comparison of the analytical results to the Department's vapor intrusion screening levels, which are available on the Department's website at
www.nj.gov/dep/srp/guidance/vaporintrusion/index.html; and
2. Determine if there is a complete vapor intrusion pathway for each building that the owner is investigating.
(c) For each building with an incomplete vapor intrusion pathway, which occurs when all indoor air results are equal to or less than all of the Department's vapor intrusion indoor air screening levels, which are found in tables available at www.nj.gov/dep/srp/guidance/vaporintrusion/index.html, the owner shall comply with the Technical Requirements for Site Remediation at N.J.A.C. 7:26E-1.15(d).
(d) For each building with a complete vapor intrusion pathway:
1. If an indoor air result is greater than any of the Department's vapor intrusion indoor air screening levels, but less than or equal to any of the Department's vapor intrusion rapid action levels, which are found in tables available at
www.nj.gov/dep/srp/guidance/vaporintrusion/index.html, the owner shall comply with the Technical Requirements for Site Remediation at N.J.A.C. 7:26E-1.15(e); and
2. If an indoor air result is greater than any of the Department's vapor intrusion rapid action levels, the owner shall comply with the Technical Requirements for Site Remediation at N.J.A.C. 7:26E-1.15(f).
