N.J. Admin. Code § 7:28-12.11

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

Section 7:28-12.11 - Petition for alternative remediation standards for radioactive contamination

(a) In lieu of using the minimum remediation standards for radioactive contamination found at 7:28-12.9 or developed under 7:28-12.10, a person or licensee may petition the Department for an alternative remediation standard for radioactive contamination. Such an alternate remediation standard:

1. Shall not result in incremental doses, for sum of annual external radiation dose and intake dose, exceeding 15 mrem/yr (0.15 mSv/yr) total effective dose equivalent;

2. Shall not result in incremental concentrations exceeding three pCi/L (111 Bq/m[LESS THAN]3[GREATER THAN]) of radon in indoor air in the lowest level of the building;

3. Shall not result in radionuclide in groundwater levels exceeding those in the New Jersey Groundwater Quality Standards in N.J.A.C. 7:9C; and

4. Shall not result in radionuclide in surface water levels exceeding those in the New Jersey Surface Quality Standards in 7:9B-1.14(c)6.

(b) The Department shall not consider a petition for an alternative remediation standard for radionuclides that is supported by increasing, in any manner, the allowed incremental dose criterion of 15 mrem/yr (0.15 mSv/yr) or the allowed incremental radon in air concentration of three pCi/L (111 Bq/m[LESS THAN]3[GREATER THAN]), or varying the parameters listed in Tables 6 or 7 below.

Table 6
Limited
or
Parameter	Unrestricted	Restricted
Indoor onsite breathing rate(m<3>/hr)	0.63	1.4
Outdoor onsite breathing rate(m<3>/hr)	1.40	1.4
Soil ingestion rate (g/yr)	70	12.5
Homegrown crop ingestion rate(g/yr)	17,136	0
Drinking water consumption rate(l/yr)	700	700
Shielding factor through basement or slab	0.20	0.20
Shielding factor through wall	0.80	0.80
Shielding factor outside	1.00	1.00

Table 7 Soil to Vegetation Transfer Factors
pCi/g plant (wet) to
Element	pCi/g soil (dry)
Th	1E-3
Ra	4E-2
Pb	1E-2
Po	1E-3
U	2.5E-3
Ac	2.5E-3
Pa	1E-2
Bi	1E-1

(c) The Department shall consider petitions only in cases where site-specific or waste specific factors, and/or site design features are used in performing the dose assessment, which are different than those used by the Department in establishing the remediation standards in 7:28-12.9 or 12.10. Factors which the Department shall consider in a petition for an alternate remediation standard include, but are not limited to:

1. The chemical or physical state of the radioactive material;

2. Site-specific soil characteristics, depth to groundwater and other geological and hydrogeological characteristics which may substantially change the potential dose from radionuclides, as compared to the values listed in Tables 8 and 9 below.

Table 8 Generic Site Input Parameters for Groundwater Pathway Analysis
Dimensions of contaminated zone, LxW (m)	100 x 100
Percolation rate (vertical Darcy velocity, m/yr)	0.5
Volumetric water content in contaminated zone	0.35
(m<3>/m<3>)
Volumetric water content in unsaturated zone (m<3>/m<3>)	0.2
Bulk density of contaminated zone (g/m<3>)	1.6
Bulk density of saturated zone (g/m<3>)	1.6
Unsaturated zone thickness (distance from bottom of	0.5
source to aquifer, m)
Porosity of aquifer	0.45
Longitudinal dispersivity in aquifer (m)	9
Transverse dispersivity in aquifer (m)	4
Pore velocity in aquifer (m/yr)	4
Well screen thickness (mixing depth, m)	10

Table 9 Sorption Coefficients used for Groundwater Pathway Analysis
Isotopes	Kd (mg/L)
uranium	35
thorium	3,200
radium	500
lead	270
proactinium	550
actinium	450

3. Use of caps, covers, sealants, geotextile membranes, limits on the vertical extent of radioactive contamination remaining on site and/or other engineering or institutional controls that reduce potential exposures to radioactive materials; and

4. Changes in indoor and outdoor occupancy times, which are justified by land uses other than residential or commercial.

(d) A petition for an alternate remediation standard shall include an analysis demonstrating how and why the difference in factors such as those in Tables 8 and 9 above and/or indoor and outdoor occupancy times will result in substantially different remediation standards than those in 7:28-12.9.

(e) Regardless of the factors used by the petitioner or licensee, the Department shall not approve alternative standard petitions that include institutional and engineering controls where failure of those controls, not including the failure of a radon remediation system, would result in more than 100 mrem (one mSv) total annual effective dose equivalent.

(f) In the event the Department determines that sufficient evidence exists to support consideration of an alternative remediation standard, the petitioner or licensee shall submit a written analysis which demonstrates compliance with the dose limits in 7:28-12.9 or 12.10 including:

1. The remedial action informational requirements of N.J.A.C. 7:26E-6; and

2. A dose assessment analysis, including:

i. An estimate of the radiation doses received by a post-remediation on-site resident for an unrestricted use remedial action, or by an employee (of a proposed commercial use facility) for a limited restricted use or restricted use remedial action;

ii. A presentation of all equations or other mathematical techniques used, either directly or embodied in a computer model, to predict the movement of radionuclides and/or their resulting radiation dose;

iii. Dose calculations which shall be extended for a period of 1,000 years or to the time of peak dose, whichever is longer;

iv. A presentation of all numerical input parameters to equations or computer models, the range of values for those parameters, including reference sources, the value selected for use and the basis for that selection;

v. A presentation of other relevant factors and assumptions used in the analyses, such as site-specific geology, land use, etc.;

vi. An analysis of which input parameters, when varied, would most significantly affect radiation dose results, commonly referred to as a sensitivity analysis; and

vii. An analysis of both continued use of existing structures and future use scenarios. Future use scenarios shall include, if applicable, the construction of buildings for either unrestricted use remedial actions or limited restricted use remedial actions, including excavations for basements and/or footings.

(g) Engineering controls or institutional controls may be incorporated as part of a petition for an alternative remediation standard provided that these controls will be durable and implemented for an appropriate period of time to achieve their intended purpose.

(h) Computer models acceptable to the Department may be used by the petitioner or licensee for an alternative remediation standard to confirm that the requirements of 7:28-12.9 or 12.10 have been and will continue to be met.

N.J. Admin. Code § 7:28-12.11

Administrative correction.
See: 37 N.J.R. 4245(a).
Recodified from N.J.A.C. 7:28-12.10 and amended by R.2008 d.281, effective 9/15/2008 (operative September 30, 2009).
See: 40 N.J.R. 2309(a), 40 N.J.R. 5196(b), 41 N.J.R. 3415(a).
In the introductory paragraph of (a), deleted "of soil" following "contamination"; inserted "or developed under N.J.A.C. 7:28-12.10" and "or licensee", and substituted the first occurrence of "remediation" for "soil" and the second occurrence of "remediation" for "soil cleanup"; in (a)2, deleted "and" from the end; in (a)3, substituted "; and" for a period at the end; added (a)4; in (b), substituted "remediation" for "soil" and "dose criterion" for "background dose value"; in the introductory paragraph of (c), substituted "remediation standards" for "soil concentrations" and "remediation" for "soil", and inserted "or 12.10"; in (d), substituted "remediation" for "soil" preceding "standard" and "standards"; in (e), inserted "or licensee"; in the introductory paragraph of (f) and in (h), substituted "remediation" for "soil", and inserted "or licensee" and "or 12.10"; in (f)2i, deleted "a resident or" following "or by" and inserted "or restricted use"; and in (f)2iii, substituted "Dose" for "Groundwater radionuclide concentration" and inserted "or to the time of peak dose, whichever is longer". Former N.J.A.C. 7:28-12.11, Requirements pertaining to engineering or institutional controls, recodified to N.J.A.C. 7:28-12.12.