NJDEP Announces Revision to Lead Residential Remediation Standard

The New Jersey Department of Environmental Protection (NJDEP) has announced a significant revision via an Administrative Change to its statutory remediation standards rules (N.J.A.C. 7-26D) for lead. Based on the publication date, the revision will be effective May 6, 2024, with no public comment period.

The Administrative Change revises the residential soil remediation standard for the ingestion-dermal exposure pathway for lead from 400 mg/kg to 200 mg/kg. This change, reflecting the revisions made by the United States Environmental Protection Agency (US EPA) to its Integrated Environmental Uptake Biokinetic Model for Lead in Children (IEUBK) input parameters in May 2021 and revisions to its residential soil lead guidance in January 2024, will have a direct impact on remediation projects in New Jersey.

The NJDEP estimates that approximately 3,000 active cases in New Jersey currently report lead concentrations greater than 200 mg/kg. Closed sites with lead concentrations greater than 200 mg/kg will not be affected as the new standard does not represent an order of magnitude decrease from the previous remediation standard.

The updated remediation standard will apply to all sites. However, there is a provision for a 6-month “phase-in” period following publication. During this period, a remedial action workplan (RAW) or remedial action report (RAR) may be submitted to allow the use of the previously approved standard as long as:

• The RAW or RAR is submitted no later than six months after the effective date of the updated standard (November 6, 2024);
• The remedial action workplan or remedial action report is approved by the Department or certified by a Licensed Site Remediation Professional (LSRP);
• The remediation standard specified in the RAW or RAR is not greater by an order of magnitude than the updated remediation standard; and
• The remedial action complies with applicable regulatory timeframes per the NJDEP’s Technical Requirements for Site Remediation (N.J.A.C. 7:26E-5).

For more information about the remediation standard revision or potential impacts of how your remediation projects may be affected, please contact Roux below: