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State of New Jersey Department of Environmental Protection
State of New Jersey Department of Environmental Protection

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Notice of Rule Proposal and State Implementation Plan Revision
Permit and Reporting Requirements for Fumigants and Other Hazardous Air Pollutants
Proposed Amendments: N.J.A.C. 7:27-8.1, 8.2, 8.4, 8.5, 8.12, 8.18, 8.20, 8.21, 8.28, 16.1, 16.1A, 16.17, 16.22, 17.1, 17.3, 17.5, 17.7, 17.9, 21.1, 21.2, 21.3, 21.4, 7:27-21 Appendix 1, 22.1, 22.3, 22.5, 22.6, 22.8, 22.18, 22.19, 22.22, 22.27, 22.30, and 22.35; and 7:27A-3.2 and 3.10
Proposed Repeal: N.J.A.C. 7:27-8.27
Proposed New Rules: N.J.A.C. 7:27-17.10 and 22.36

Take notice that, pursuant to N.J.A.C. 7:1D-5.1(a), the New Jersey Department of Environmental Protection is extending the comment period on the proposal of new Air Pollution Control rules at N.J.A.C. 7:27-17.10 and 22.36, amendments to N.J.A.C. 7:27-8, 16, 17, 21, and 22 and 7:27A-3.2 and 3.10, and proposed repeal of N.J.A.C. 7:27-8.27.  The proposed rules clarify regulatory requirements for fumigants and fumigation operations, regulate three new toxic air pollutants, add 13 air contaminants to the emission statement program, include related penalty provisions, remove references to the discontinued Facility-Wide Permit program, and include administrative amendments. The proposal was published in the New Jersey Register on March 1, 2021.  53 N.J.R. 317(a).

The Department’s rules at N.J.A.C. 7:27-8, 16, 17, and 21 and related penalties at N.J.A.C. 7:27A-3.2 and 3.10 are part of New Jersey’s State Implementation Plan (SIP) for the attainment and maintenance of the National Ambient Air Quality Standards for ozone. To the extent that the proposed amendments, repeal, and new rules impact rules in the SIP, this rulemaking constitutes a revision to the SIP.  The proposed amendments and new rule at N.J.A.C. 7:27-22 do not constitute a revision to the SIP as those provisions at N.J.A.C. 7:27-22 are not part of the SIP.  The Department will submit the rules that constitute a proposed revision to the SIP to the United States Environmental Protection Agency to revise New Jersey’s SIP, as required by the Federal Clean Air Act.  

The proposal indicated that written comments may be submitted by April 30, 2021.  The public comment period is hereby extended until June 1, 2021.

The Department encourages electronic submittal of comments. Submit comments electronically at In the alternative, comments may be submitted on paper to:

Alice A. Previte, Esq.
ATTN: DEP Docket No. 02-21-01
NJ Department of Environmental Protection
Office of Legal Affairs
Mail Code 401-04L; PO Box 402
401 East State Street, 7th Floor
Trenton, NJ 08625-0402


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Last Updated: April 6, 2021