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Will an institutional control (i.e., deed notice) be required if there are exceedances of the residential EPH criteria?

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Will an institutional control (i.e., deed notice) be required if there are exceedances of the residential EPH criteria?

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Yes. The residential EPH criteria for all petroleum hydrocarbon mixtures are based on human health. Pursuant to the Brownfield Act, N.J.S.A. 58:10B-12, if there are exceedances of any residential health-based standard, an institutional control is required. This applies to exceedances of any residential EPH criterion at both residential and non-residential sites. If the 5,100 mg EPH/kg residential criterion is exceeded at a residential site, an engineering control will also be required.

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