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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 the NJ Department of Environmental Protection is proposing 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.   

This proposed rulemaking represents a continuation of the Department’s efforts to address air contaminants in New Jersey through its permitting and emission statements programs.  The proposed rulemaking would regulate fumigants and fumigation operations based on potential to emit, rather than weight of raw materials, to provide clarity on the regulatory requirements for these operations.  The Department also proposes to regulate three air contaminants that are not currently regulated by the State, to be referred to as New Jersey Hazardous Air Pollutants, and to add 13 air contaminants to the list of toxic air pollutants that must be included in an emission statement submitted by a source otherwise subject to emission statement requirements.  The proposed rulemaking includes penalty provisions at N.J.A.C. 7:27A for the proposed amendments to the Air Pollution Control rules.  Finally, the Department proposes amendments to remove references to the discontinued Facility-Wide Permit Program, as well as miscellaneous clarifying amendments.

The proposal also constitutes a revision to 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 proposal is scheduled to be published in the New Jersey Register dated March 1, 2021.  A copy of the proposal is available on the Department’s webpages at: and, and LexisNexis free public access to the New Jersey Register (   A copy of the Department’s proposed SIP revision is available on the Department’s website at

A public hearing concerning the proposal will be conducted virtually via the Department’s video conferencing software on Thursday, April 8, 2021, at 4:00 P.M. 

Virtual Public Hearing - 4/8/21 @ 4pm
Click here to join the meeting
Or call in (audio only)
+1 856-338-7074,,820290251#

The link to the virtual public hearing will also be provided on the Department’s Air Quality website at: and The hearing will remain open until 7:00 PM or until all testimony has been heard, whichever comes first.

Comments are due by April 30, 2021.  The Department encourages electronic submittal of comments. Written comments may be submitted 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: January 27, 2022