Environmental Regulation

Air Quality Management

Notice of Extension of Comment Period and Opportunity for Public Input on Mechanisms for Retailers to Demonstrate Compliance

NJAC 7:27-23 Prevention of Air Pollution From Architectural Coatings and Consumer Products

NJAC 7:27A-3.10 Civil Administrative Penalties for Violation of Rules Adopted Pursuant to the Act

Public Notice

Take notice that the New Jersey Department of Environmental Protection (Department) is extending the public comment period on its proposed new rules and amendments of its rules at N.J.A.C. 7:27-23 and N.J.A.C. 7:27A-3.10, its rules relating to the prevention of air pollution from architectural coatings. This proposal was published in the July 21, 2003 New Jersey Register. The purpose of the extension is to seek comment on feasible mechanisms that retailers could use to demonstrate compliance with the rules. Options being considered by the Department for retailers to demonstrate compliance include any one of the following:

1. Written communication between the retailer and the manufacturers and distributors that the retailer will accept only products for sale in New Jersey that comply with N.J.A.C. 7:27-23;

2. Written agreements between the retailer and the manufacturers and distributors in which the manufacturers and distributors commit to supply to the retailer only products that comply with N.J.A.C. 7:27-23; or

3. The retailer's use of invoices, purchase orders and other contractual and billing documents, which specify that the retailer will only accept products that comply with N.J.A.C. 7:27-23.

The comment period for this proposal was originally scheduled to close on September 19, 2003. The Department is extending the comment period by 26 days to October 15, 2003. Written comments may be submitted by close of business, October 15, 2003, to:

Alice Previte, Esq.

NJ Department of Environmental Protection

Office of Legal Affairs

P.O. Box 402

Trenton, New Jersey 08625-0402

Attn: DEP Docket # 13-03-06/248

Please refer to the original proposal for detailed information regarding the proposed amendments. Copies of the Department's proposal are available from the Department's web site at www.state.nj.us/dep/aqm, the Department's Public Information Center at 401 E. State Street in Trenton, the Department's Regional Enforcement Offices, a number of public libraries throughout the State, and, for a fee, from Westlaw Publishing at 1-800-808-WEST. For more information on obtaining copies, please contact:

Ms. Diane Hutchings

NJDEP Air Quality Planning

401 E. State Street, 7th Floor

P.O. Box 418

Trenton, N.J. 08625-0418

phone: (609) 633-0530

fax: (609) 633-6198