Scaled-Down Revisions of Tech Regs to be Proposed

Scaled-Down Revisions of Tech Regs to be Proposed

Since as early as Spring 2000, NJDEP has been preparing proposed amendments to the Technical Requirements for Site Remediation ("Tech Regs"), N.J.A.C. 7:26E. Based on comments by regulated industry, as well as two associations of industry representatives and environmental professionals (the Site Remediation Industry Network and the Technical Rules Advisory Coalition), NJDEP has decided to scale back its earlier proposal. According to statements by agency representatives, the agency plans to publish the proposed amendments on January 7, 2002. A 60-day public comment period will be provided. The anticipated adoption date is no later than August 18, 2002, when the current Tech Regs are due to expire.

As part of the scaled-back rule proposal, the agency will incorporate into the Tech Regs as applicable remediation standards the Groundwater Quality Standards, N.J.A.C. 7:9-6, and the Surface Water Quality Standards, N.J.A.C. 7:9B, in response to the ruling in the Federal Pacific Electric v. NJDEP. In addition, NJDEP will propose a new sub-chapter 8, entitled Engineering and Institutional Controls, which will include a new model Deed Notice and requirements for biennial certification of Classification Exception Areas. NJDEP also will move requirements to conduct well searches and investigation of groundwater flow forward in the remedial process from the Remedial Investigation phase to the Site Investigation phase.

In a related action, NJDEP has dissolved the Technical Advisory Committee ("TAC"), a committee of NJDEP staff and environmental professionals. At the same time, NJDEP will continue to expand the role of the Site Remediation Advisory Group ("SRAG"). NJDEP has invited interested environmental groups, professional associations and local governments to nominate representatives to participate in SRAG.