May 2008

Selected Proposed Regulations, Adopted Regulations and Notices

Proposed Regulations

NJAC 7:14B UST New Jersey Register, Vol. 40, No. 9, 5/5/2008 at 2166

Summary: The Department of Environmental Protection is proposing to readopt the rules for the Certification to Perform Services on Unregulated Heating Oil Tank Systems with amendments to require the owner to use a certified individual or business firm to remediate a discharge; remove the requirement for an oversight document when applying for loan from the Petroleum UST Remediation, Upgrade and Closure Fund; and eliminate the need for a remedial action selection report.

40 CFR Parts 50, 51, 53, 58 Ambient Air Quality Federal Register, Vol. 73, No. 98, 5/20/2008 at 29184

Summary: The Environmental Protection Agency is proposing to revise the national ambient air quality standards for lead to a range of 0.10 to 0.30 µg/m3.

NJAC 7:28 Radiation Protection New Jersey Register, Vol. 40, No. 10 5/19/2008 at 2309

Summary: The Department of Environmental Protection is proposing to amend the Radiation Protection Act to comport to the Federal Energy Policy Act of 2005 in order for New Jersey to become an Agreement State.

Adopted Regulations

40 CFR Parts 51 and 52 New Source Review Federal Register, Vol. 73, No. 96, 5/16/2008 at 28321

Summary: The Environmental Protection Agency has implemented New Source Review regulations for fine particulate matter including major source threshold, significant emissions

rate, and offset ratios for PM2.5, interpollutant trading for offsets and applicability of precursors.

NJAC 7:26H Solid Waste Utility New Jersey Register, Vol. 40, No. 9, 5/5/2008 at 2243

Summary: The Department of Environmental Protection has readopted the Solid Waste Utility regulations with minor amendments. NJAC 7:31 Toxic Catastrophe Prevention New Jersey Register, Vol. 40, No. 9, 5/5/2008 at 2254

Summary: The Department of Environmental Protection has amended the Toxic Catastrophe Prevention Act to expand the requirements for the performance of inherently safer technology reviews and submittal of reports.

Notices

CERCLA Federal Register, Vol. 73, No. 90, 5/8/2008 at 26025

Summary: The Environmental Protection Agency has deleted the Tabernacle Drum Dump Superfund Site in Tabernacle Township from the National Priorities List.

NJPDES Federal Register, Vol. 73, No. 96, 5/16/2008 at 28454

Summary: The Environmental Protection Agency has proposed NJPDES General Permit (2008 CGP) for stormwater discharges from new dischargers engaged in large and small construction activity.

NJSA 58:10 Natural Resource Damage New Jersey Register, Vol. 40, No. 9, 5/5/2008 at 2289

Summary: The Department of Environmental Protection is proposing to enter into a Consent Judgment with Dial Corporation regarding the Woodland Dump Properties in Woodland Township.

NJPDES Federal Register, Vol. 73, No. 96, 5/16/2008 at 28454

Summary: The Environmental Protection Agency gives notice that it will no longer allow recipients of EPA assistance agreements to charge management fees to their agreements.

NJAC 7:1E; 7:31 Discharges of Petroleum; TCPA New Jersey Register, Vol. 40, No. 10 5/19/2008 at 2570

Summary: The Department of Environmental Protection has denied the New Jersey Work Environment Council petition requesting amendments that would: provide community involvement in emergency planning, require facility emergency response plans, establish employee/employer site safety and security committees, increase fines for violations, and regulate reactive chemical hazards.

Land Use Management New Jersey Register, Vol. 40, No. 10 5/19/2008 at 2572 Summary: The Department of Environmental Protection has revised and updated the Landscape Maps of Habitat for Endangered, Threatened and Other Priority Wildlife.