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Updated Permit and Reporting Requirements for Fumigants & Other Hazardous Air Pollutants (April 4, 2022)

First, the adopted rules regulate fumigants and fumigant operations based on potential to emit, rather than weight of materials.  Second, the adopted rules regulate two air contaminants—hydrogen sulfide and sulfuryl fluoride—as State-specific hazardous air pollutants, referred to as New Jersey Hazardous Air Pollutants or NJHAPs.  The Department proposed to also regulate 1-Bromopropane (1-BP), otherwise known as n-propyl bromide (n-PB) as an NJHAP; however, Federal action has rendered that unnecessary.  Third, the Department is also adding 13 air contaminants to the list of “toxic air pollutants” that a source that is subject to emissions statement requirements must include on its emissions statement. 

The Department has also repealed references to the discontinued Facility-Wide Permit Program and adopted miscellaneous amendments throughout the rules to correct grammar and punctuation, and to enhance clarity and readability.

Adopted 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, 22.4, 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

Adopted Repeal: N.J.A.C. 7:27-8.27

Adopted New Rules: N.J.A.C. 7:27-17.10 and 22.36

The adoption was published in the New Jersey Register dated April 4, 2022.  A copy of the adoption is available on the Department’s website at: