The New Jersey Department of Environmental Protection (“NJDEP”) has updated the soil remediation standard for the ingestion-dermal exposure pathway for lead to bring the standard in line with the United States Environmental Protection Agency’s (“USEPA”) Integrated Environmental Uptake Biokinetic Model for Lead in Children (“IEUBK”). In effect, this change reduces by half the acceptable levels of lead contamination for soil in residential sites from the previous standard of 400 mg/kg to the new standard, 200 mg/kg.

This change was prompted by USEPA’s release of an updated IEUBK model in May of 2021 which recommended a new residential soil standard for lead of 200 mg/kg. New Jersey’s administrative code at N.J.A.C. 7:26D-7.2(a)4 requires NJDEP update its standards following revisions and changes to the IEUBK model.

According to NJDEP’s notice, the standard change has the potential to affect approximately 255 active remediation sites that have reported lead between 200 mg/kg and 400 mg/kg. For these sites it is important to note that the Department is applying the 200 mg/kg residential soil remediation standard for the ingestion-dermal exposure pathway for lead as of May 6, 2024, the date of publication of the notice.

The administrative change is not anticipated to significantly affect previously closed remediation cases as the new lead standard remains within an order of magnitude of the prior standard. However, responsible parties who have completed remediation where elevated levels of lead remain subject to institutional and/or engineering controls will need to re-examine whether the difference between the new lead standard and the concentration of lead remaining at the site differs by an order of magnitude.

While NJDEP proceeded by administrative change in lieu of rule proposal subject to notice and comment, making the standard change immediately effective, relief may be available for remedial actions that are near completion. Persons responsible for remediation may continue to rely upon the previous standard for lead if they complete a remedial action workplan or remedial action report by November 6, 2024, provided that:

1. The remedial action workplan or remedial action report is approved by the Department or is certified by a licensed site remediation professional; and
2. The remedial action complies with the applicable regulatory timeframes pursuant to the Technical Requirements for Site Remediation at N.J.A.C. 7:26E‐5.

Such relief, often referred to as the “six-month phase-in period”, may be critical for remediating parties that have undertaken substantial remediation work in reliance upon the previous standard.

The notice and updated residential soil remediation standard for the ingestion-dermal exposure pathway are available here.