USEPA – NJDEP Interactions on PCB Remediation: What LSRPs Need to Know [VIDEO]

Below is a guide distilled from yesterday’s discussion with Dr. Jorge Berkowitz and Rodger Ferguson. It highlights what changed in USEPA’s 2024 TSCA updates, how those changes affect field decisions and paperwork, where NJDEP guidance aligns (or doesn’t), and what LSRPs should build into their plans and schedules.

1) Big Picture: Who’s Really in Charge?

• TSCA is not delegable. USEPA has primacy over PCB remediation. NJDEP can and does regulate site cleanups, but TSCA requirements control whenever PCBs are “TSCA-applicable.”
• LSRPs must align both regimes. You still meet NJDEP rules (RAWP/RAO, EC/ICs, biennial certifications), but you cannot rely on NJDEP alone for PCB decision-making where TSCA applies.
• Expect timing friction. Region 2 review and legal sign-off can be slow. Build this into your schedules and communication with clients.

2) TSCA 2024 Updates You’ll Feel in the Field

Performance-Based Cleanup (PBC) – Now Narrower

“Do it, document it, and notify after” is no longer allowed in a wide set of scenarios. You must seek USEPA pre-approval (Self-Implemented Plan, “SIP”) if PCBs are present in or adjacent to:

• Surface water, groundwater, sediments, sewer/STP systems, or drinking water sources
• Residential uses (existing or planned), schools, hospitals, playgrounds, parks, daycare, nursing homes
• Agricultural/grazing lands, vegetable gardens
• Endangered species habitat, wetlands, estuaries, national parks/wildlife refuges
• Areas within the 100-year floodplain

When in doubt, assume pre-approval is required and call Region 2 early.

Disposal Flexibility (Cost & Logistics)

• Non-liquid PCB remediation wastes may be disposed at a RCRA Subtitle C landfill (not just a TSCA landfill). This can improve trucking logistics and price.
• Bulk product waste may not be used as road base—now explicitly prohibited.
• E-Manifest is in: PCBs now ride on the national electronic manifesting system.

Analytical Methods (Sanity at Last)

• USEPA now accepts multiple EPA SW-846 extraction methods with 8082A analysis.
  Action: Confirm your lab’s certifications for both extraction and 8082A reporting, and bake method specifics into your QAPP.

Post-Cleanup Notice

• 30-day post-cleanup notification to USEPA is required for PBC jobs.
  Practice tip: Keep your LSRP RAO timing coordinated with the TSCA submittal and acknowledgment. When possible, document EPA receipt before moving to closure.

3) Practical Cleanup Numbers (TSCA vs. NJDEP)

Key TSCA thresholds (common field triggers):

• TSCA-applicable “bulk PCB remediation waste” (soil, porous media): ≥ 1 mg/kg
• Non-porous wipe standard: 10 μg/100 cm²
• Regulated organic liquids / NAPL: ≥ 2 mg/kg
• Discharge to treatment works / navigable waters: < 3 μg/L (compare to NJ GWQS)

NJDEP reminders:

• Residential direct contact: ~0.25 mg/kg (unrestricted)
• Non-residential direct contact: 1.1 mg/kg (cap typically required above this)
• MGW / leach: 1.6 mg/kg / 4.0 mg/kg default (check site-specifics)

TSCA occupancy terms (watch your plans and maps):

• High-occupancy = > 6.7 hours/week by an individual
• Low-occupancy = ≤ 6.7 hours/week

TSCA cleanup/management guideposts (soil):

Scenario	Typical TSCA Path
Unrestricted use	< 1 mg/kg (TSCA not triggered)
High-occupancy with residuals 1–10 mg/kg	Cap + deed notice (SIP if PBC not allowed)
Low-occupancy 0–25 mg/kg	Deed notice (no cap)
Low-occupancy 25–50 mg/kg	Fence & signage + deed notice
Low-occupancy > 50 mg/kg	Cap + deed notice

TSCA cap spec (per 40 CFR 761):

• 6 inches asphalt or concrete OR
• 10 inches compacted soil AND (for soil caps) a low-permeability liner – 4 feet of compacted clay (k ≤ 1×10⁻⁷ cm/s) is the traditional spec in the rule.
  You can propose alternatives under risk-based approvals – but expect review time.

5) Risk-Based Approvals (When Caps Need to Carry More Load)

Use a TSCA risk-based approval if you propose leaving:

• > 10 mg/kg under a cap in high-occupancy areas, or
• > 100 mg/kg under a cap in low-occupancy areas.

Reality check: Risk approvals can take months to a year+ in Region 2 and may receive heavy legal review. Use USEPA’s available checklists and region-preferred formats to streamline.

6) “Historic Fill” and TSCA: Where the Tracks Cross (or Don’t)

• NJDEP guidance (July 2025) says historic fill isn’t defined under TSCA and should be treated like any other PCB-contaminated material.
• TSCA has limited exemptions tied to dates and concentrations. If you can document that material was placed before April 18, 1978 and PCB concentrations are < 50 mg/kg, TSCA may not apply.
  Action: Build a defensible historic fill record (dated aerials, permits, dredge records, as-built plans, contemporaneous reports) before you rely on this.

7) Common NJDEP–TSCA Misalignments and How to Handle Them

• Compliance averaging: NJDEP may accept; TSCA generally requires point compliance above 1 mg/kg unless you’re under a risk framework. If you choose to average, remove >1 mg/kg hotspots to <1 mg/kg first, then average the sub-1 remainder for state closure logic.
• Alternative fill: NJDEP allows “like-on-like,” but don’t import PCB-impacted fill > 1 mg/kg if TSCA could be implicated. Avoid creating a TSCA problem you didn’t have.
• Building materials: Paints/caulks with ≥ 50 mg/kg PCBs are bulk product waste—characterize and manage separately during demolition.

8) LSRP Workflow Tips (So You Don’t Lose Weeks—or Your Weekend)

1. Scope early with USEPA Region 2. If there’s any chance your site touches a restricted PBC condition (floodplain, school conversion, wetlands, surface water/groundwater), reach out and plan for a SIP.
2. Write your QAPP to TSCA. Specify extraction methods and 8082A. Confirm lab certifications. Address wipe sampling if needed.
3. Delineate to 1 mg/kg (TSCA) and to NJDEP standards (direct contact/MGW). Keep the datasets distinct in your report.
4. Design caps to TSCA specs (or prepare a risk case for alternatives). Map high- vs. low-occupancy areas with care.
5. Coordinate RAWP/SIP timing. Submit the SIP to USEPA and the RAWP to NJDEP with cross-references. Expect to resubmit after EPA comments.
6. RAO timing: If using PBC, file the 30-day post-cleanup notice and—where feasible—wait for USEPA receipt acknowledgment before issuing the RAO.
7. E-Manifest & disposal booking: Price and book early. RCRA Subtitle C options can help cost and routing.

9) A Real-World Lesson: Trenton School Redevelopment

A school was built over historic fill and imported recycled concrete aggregate that later proved PCB/lead/PAH-impacted. Because a deed notice became politically untenable, the site required extensive excavation and reconstruction—ballooning the project cost from roughly $23M to $75M.
Moral: Characterize imported materials up front, treat PCB-bearing building materials separately, and lock down your IC/EC strategy early—with both agencies in mind.

10) Key Takeaways

• TSCA rules first for PCB remediation. NJDEP closure alone is not enough where TSCA applies.
• Know the new 2024 TSCA rules: tighter PBC eligibility, broader disposal options, e-manifest, more analytical flexibility, and mandatory 30-day post-cleanup notice.
• Document “historic fill” carefully if you plan to rely on TSCA exemptions.
• Don’t assume NJDEP practices (e.g., compliance averaging) satisfy TSCA above 1 mg/kg.
• Plan for time. Region 2 reviews can be slow—especially risk-based approvals.

Want to Go Deeper?

Based on the strong interest and volume of questions, CPES is developing a 3-hour, NJ LSRP-focused webinar on TSCA PCB cleanups for New Jersey sites, covering:

• Crafting SIPs that get approved
• Aligning TSCA and NJDEP sampling & stats
• Cap design that satisfies both agencies
• Historic fill dossiers that stand up
• RAO timing and defensible records

Interested? Let us know and we’ll notify you when registration opens.

Questions about a current site?

CPES can connect you with instructors and practitioners who’ve navigated TSCA–NJDEP overlaps on complex projects. Contact us and we’ll help you chart the right path for scope, schedule, and compliance.