N.J. Admin. Code § 7:26F-3.6

Current through Register Vol. 56, No. 21, November 4, 2024

Section 7:26F-3.6 - Unrestricted use soil remedial action

(a) For a discharge of No. 2 heating oil, the owner may implement an unrestricted use soil remedial action when, for each soil sample:

1. The extractable petroleum hydrocarbons concentration is less than or equal to 1,000 mg/kg; or

2. The following conditions are met:

i. The extractable petroleum hydrocarbons concentration is greater than 1,000 mg/kg, but less than or equal to 5,100 mg/kg;

ii. No impacts to ecological receptors, as determined by N.J.A.C. 7:26F-6.4;

iii. The Naphthalene concentration is less than or equal to six mg/kg; and

iv. The 2-Methyl Naphthalene concentration:

(1) Is less than or equal eight mg/kg; or

(2) If a Synthetic Precipitation Leachate Procedure analysis is performed:

(A) The 2-Methyl Naphthalene concentration in soil is less than or equal to 230 mg/kg; and

(B) The 2-Methyl Naphthalene concentration in leachate from the Synthetic Precipitation Leachate Procedure analysis is less than or equal to 600 ug/l.

(b) For a discharge of No. 4 heating oil or No. 6 heating oil, or a combination thereof, the owner may implement an unrestricted use soil remedial action when, for each soil sample:

1. The extractable petroleum hydrocarbons concentration is less than or equal to 100 mg/kg; or

2. The following conditions are met:

i. The extractable petroleum hydrocarbons concentration is greater than 100 mg/kg but less than or equal to the Department calculator-generated extractable petroleum hydrocarbons residential soil remediation criterion, which is found on the Department's website at www.nj.gov/dep/srp/guidance/srra/eph_calculator.xls;

ii. There is no impact to any ecological receptor, as determined by N.J.A.C. 7:26F-6.4; and

iii. Each polyaromatic hydrocarbon compound is less than or equal to the most stringent of either:

(1) The applicable residential soil remediation standard pursuant to N.J.A.C. 7:26D; or

(2) The applicable site-specific impact to ground water remediation standard pursuant to N.J.A.C. 7:26D.

(c) For a discharge of kerosene, the owner may implement an unrestricted use soil remedial action when, for each soil sample, the following conditions are met:

1. There are no impacts to ecological receptors, as determined by N.J.A.C. 7:26F-6.4; and

2. Each volatile organic compound is less than or equal to the most stringent of either:

i. The applicable residential soil remediation standard pursuant to N.J.A.C. 7:26D; or

ii. The applicable site-specific impact to ground water remediation standard pursuant to N.J.A.C. 7:26D.

N.J. Admin. Code § 7:26F-3.6

Adopted by 50 N.J.R. 1715(b), effective 8/6/2018