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State Regulatory Information

NEW JERSEY
Department of Environmental Protection

401 E. State St. 7th Floor, East Wing P. O. Box 402 Trenton, NJ 08625-0402
(609) 292-2885 (voice)
(609) 292-7695 (fax)

Lisa P. Jackson, Commissioner

State Organizational, Regulatory and Enforcement Information

Statutory Programs Delegated to the State

Key to Codes

CAA/ PART 60/ NSPSCAA – Clean Air Act NSPS (New Source Performance Standards): Under 111 of CAA, NSPS generally applies when building a new stationary source or modifying an existing plant that will emit certain pollutants governed by the CAA. NSPS established more stringent technology based emission standards for these new or modified stationary sources. Owners or operators of such facilities are required to notify EPA prior to any construction or modification, and to conduct performance tests to demonstrate compliance with the applicable NSPS.,P
CAA/ PART 61/ NESHAPSCAA – Clean Air Act NESHAPS (National Emission Standards for Hazardous Air Pollutants): Under section 112 (b)(1) of the CAA, the EPA shall establish a list of hazardous air pollutants(HAPS http://www.epa.gov/docs/crb/aptb/hap_list.html) and add to it whenever the Administrator determines that such pollutants pose a serious threat to public health. Currently, the EPA has 189 hazardous air pollutants on the list. Once placed on the list sources of that particular pollutant are regulated using technology-based standards.,P
CAA/ Sec 52.21/ PSDCAA – Clean Air Act PSD (Prevention of Significant Deterioration): Under the section 162 of the CAA, the PSD program was established to ensure that areas which currently meet the National Ambient Air Quality Standards (NAAQS) do not lapse or deteriorate below the NAAQS. The PSD applies to two categories of areas in the country, those that meet NAAQS and those that are unclassifiable. These areas are further divided into classifications, each with its own increment of allowable pollutant increases. Class I areas include wilderness areas and national parks exceeding 5,000 acres. All other areas are classified as Class II. Redesignation from one classification to another is only allowed under specific circumstances. Some redesignation requires the approval of the governor and a local government entity. ,Y
CAA/ Title V/ Part 70-operating permitsCAA – Clean Air Act Title V: Title V of the CAA allows EPA or a state with delegated authority to issue a single operating permit for multiple sources of air emissions.,I
CAA/New Source ReviewCAA – Clean Air Act NSR (New Source Review): Before a new or modified stationary source can receive a PSD permit, the EPA or state environmental regulators with delegated authority, must ensure that such new or modified sources do not cause or contribute to any new incremental air pollution that would violate the applicable NAAQS. BACT (Best Available Control Technology) must be used and at least as stringent as the applicable NSPN or NESHAPS.,A
CWA/Construction GrantsCWA – Clean Water Act CWA/ Construction Grants: The Construction Grants program (now more commonly known as the Revolving Load Fund program) is a part of the Clean Water Act in which states provide loans to communities to correct water problems. These are then repaid by water users from the communities.,Y
CWA/NPDESCWA – Clean Water Act NPDES (Nation Pollution Discharge Elimination System): Section 402 of the CWA requires an NPDES permit for any discharges of a pollutant from a point source into the navigable waters of the U.S. (Point sources are generally viewed as facilities that discharge pollutants through a pipe into a water body). The EPA or state environmental agency with delegated authority sets the limits on the amount of the pollutants that a facility may discharge. These threshold limits are set according to national technology-based standards based on standard industrial classifications (SIC Codes). The NPDES permit also includes water quality standards that are set by the state based on the water quality condition of the receiving water-body. Discharges from "non-point" sources are not subject to NPDES permit requirements, but are promulgated by other provisions of the CWA (i.e., section 319).,Y
CWA/Pretreatment for discharge POTWsCWA – Clean Water Act Pretreatment: Instead of discharging pollutants directly into a water body (thus, requiring an NPDES permit), entities could indirectly send their water pollutants to the applicable sewage treatment plant or POTW (publicly owned treatment works). As a means of protecting the POTWS from handling discharges with possible toxic chemicals or other complex pollutants, local governments required to establish pretreatment programs and impose pretreatment standards on these indirect discharges. Local pretreatment programs and standards must be consistent with certain minimal federal and state regulations.,Y
CWA/Sewage Sludge Management (Bio-solids)CWA – Clean Water Act Sludge Management: Under 405, if the disposal of sewage sludge resulting from a POTW operation results in any pollution from the sewage sludge entering the navigable waters, such disposal is prohibited, unless in accordance with an NPDES permit.,N
CWA/State Revolving Fund/Sec. 604(b)CWA – Clean Water Act SRF State Revolving Fund: Under 604(b), each state must reserve each fiscal year either $100 000 or one per cent of the sums allocated to the state for that year, in order to finance the following programs: the non-point source management plan under 205(j), and the continuing planning process for water quality standards and implementation plans under 303(e).,S
CWA/Wetlands/404 (permit program)CWA – Clean Water Act Section 404 (wetlands): Discharge of dredged or filled materials in wetlands is prohibited, unless in compliance with a permit issued under 404 of CWA. The U.S. Army Corps of Engineers administers the wetlands program.,Y
EPCRA/ sec. 313 (TRI)EPCRA – Emergency Planning and Community Right to Know Act Sec 313 Toxic Chemical Release Form: The owner or operator of a facility that manufactured, processed or otherwise used toxic chemicals listed under subsection (c) of 313 in quantities exceeding the threshold quantity established under subsection (f) of 313, must complete a toxic release chemical form for each chemical. Under 313(f), the threshold amounts are: 10,000 pounds per year for each toxic chemical used at the facility, and 25,000 pounds per year for each toxic chemical manufactured or processed at the facility. The threshold amount may be subject to change by the EPA Administrator 313(f)(2).,ND
EPCRA/sec. 304, 312 (emergency notification)EPCRA – Emergency Planning and Community Right to Know Act Sec 304: Emergency notification is required in case of a release in a reportable quantity of an extremely dangerous substance from a facility that stores, produces or uses such substance. The owner or operator of the facility must immediate verbal notice to the community emergency coordinator for the local emergency planning committees and to the state emergency planning commissions of any state likely to be affected by the release. If the release occurs during the transportation of such substance, dialing 911 or calling the operator would satisfy the notice requirement. The chemicals for which notification must be given are the hazardous substances listed under 302 of CERCLA (Comprehensive Environmental Response, Compensation and Liability Act) and the extremely hazardous substances listed under 9602 of EPCRA.,ND
FIFRA/sec. 23(a)-(pesticides enforcement)FIFRA – Federal Insecticide, Fungicide and Rodendicide Act 23(a) State Cooperation, Aid and Training: EPA may enter into cooperative agreements with states and Indian tribes and delegate them the authority to cooperate in the enforcement of FIFRA Environment Pesticide Control (Subch 4), train their personnel or assist them in implementing cooperative enforcement programs through grants-in-aid. The states have primary enforcement responsibility for pesticide use violations if the EPA determines that the state has adopted adequate pesticide use laws and regulations, and has adopted and implemented adequate procedures for their enforcement. The state must also keep records and make reports to EPA showing compliance. (26a). If the state does not meet these requirements, the EPA will have primary enforcement responsibility.,Y
FIFRA/sec. 23(b)-(pesticides certification)FIFRA – Federal Insecticide, Fungicide and Rodendicide Act EPA may enter in contracts with federal, state or Indian tribal agencies for encouraging the training of certified applicators 23(b).,Y
FIFRA Endangered SpeciesFIFRA – Federal Insecticide, Fungicide and Rodendicide Act Endangered Species - Endangered Species Protection Program, as an entity, started in 1988. It is largely voluntary at the present time and relies on cooperation between the U.S. Fish and Wildlife Service (FWS), EPA regions, states, and pesticide users. The Endangered Species Act is intended to protect and promote the recovery of animals and plants that are in danger of becoming extinct due to the activities of people. Under the Act, EPA must ensure that use of pesticides it registers will not result in harm to the species listed as endangered and threatened by the U.S. Fish and Wildlife Service, or to habitat critical to those species' survival.,Y
FIFRA/Worker Protection (Enforcement)FIFRA – Federal Insecticide, Fungicide and Rodendicide Act Worker Protection - In 1992, the EPA promulgated worker safety regulations in order to protect the workers from risks posed by agricultural pesticides. The regulations cover not only workers performing hand labor operations in fields treated with pesticides, but also employees in forests, nurseries, greenhouses and employees who handle pesticides for use in these locations. The regulations require warnings about the applications, use of personal protective equipment, and restrictions on entry to treated areas.,Y
FIFRA/Groundwater ProtectionFIFRA – Federal Insecticide, Fungicide and Rodendicide Act Groundwater Protection - The objective of this program is to allow the continued use of needed pesticides that would otherwise have to be canceled due to the potential public health and environmental threats that may exists from the use of that pesticide. States that participate in this program have the option of preparing a generic State Management Plan to prevent and reduce the possibility of ground water pollution. When EPA publishes the names of pesticides in the Federal Register that will require a State Management Plan, states will then prepare a specific State Management Plan for each pesticide that is listed. These management plans will specify what actions will be taken if pesticides are detected in the ground water, and to allow the use of the pesticides, including the tools available and the response actions. States that choose not to prepare management plans will lose the use of the affected pesticides.,Y
Oil Protection ActOPA - Oil Pollution Act The statute was promulgated to address the environmental and public health dangers of oil spills into navigable waters. It focuses on the prevention of spills and liability for spill clean up and damages to natural resources.,N
RCRA C/Base ProgramRCRA- Resource Conservation and Recovery Act Subpart C Base program: The Subchapter I of RCRA "General Provisions" is the foundation of the base program, which includes requirements for safe recycling, compostage, storage and disposal of wastes.,Y
RCRA C/Corrective ActionRCRA - Resource Conservation and Recovery Act Corrective Action: all facilities that have a TSD permit (Treatment, Storage and Disposal) or are operating under an interim status, are required to clean up current and former waste treatment, storage and disposal areas. Corrective action is the process through which areas of a facility, which could have received hazardous waste, are evaluated and if necessary are cleaned up. These areas of concern could be any area, which has received, at any time, solid or hazardous waste through deliberate placement of the waste or because of an accidental release or spill. These areas are often referred to as solid waste management units. Once identified they must be evaluated to determine whether or not they present a threat to human health or the environment.,IN,1
RCRA C/Radioactive Mixed WasteRCRA - Resource Conservation and Recovery Act Mixed Waste: Regulation of treatment, storage and disposal of radioactive mixed wastes (hazardous wastes subject to RCRA and radioactive wastes subject to the Atomic Energy Act).,Y
RCRA C/Burning HazWaste in Boilers and Industrial FurnacesRCRA - Resource Conservation and Recovery Act BIF (Regulation of Burning of Hazardous Wastes in Boilers and Industrial Furnaces): EPA has expanded controls on hazardous waste combustion to regulate air emissions from the burning of hazardous waste in boilers and industrial furnaces. The EPA rule controls emissions of toxic organic compounds, toxic metals, hydrogen chloride, chlorine gas and particulate matter from boilers and industrial furnaces burning hazardous waste.,Y
RCRA C/Toxicity CharacterRCRA - Resource Conservation and Recovery Act Toxicity Characteristic (Toxicity Characteristics Revisions): Toxicity characteristics are used to identify those wastes defined as hazardous and which are subject to regulation under Subtitle C of RCRA. EPA established regulatory levels for the toxic chemicals based on health-based concentration thresholds and a dilution/attenuation factor that was developed using a subsurface fate and transport model.,Y
RCRA C/Land Disposal Restrictions (CA. Wastes)RCRA - Resource Conservation and Recovery Act LDR California Wastes: Land Disposal Restrictions for a category of wastes previously banned in California that subsequently has been incorporated into RCRA. It includes free liquids associated with sludge, heavy metals, acids with pH less than 2, polychlorinated byphenols, and halogenated organic compounds. California wastes, with the exception of halogenated organic wastes must be rendered into a solid to be disposed of legally in a landfill.,Y
RCRA C/Land Disposal Restrictions 1/3 WastesRCRA - Resource Conservation and Recovery Act LDR 1/3 Wastes: Land disposal restrictions (LDR) for first scheduled waste (first-third wastes). It is the first phase of LDR implementation for wastewaters, process residuals, preservative dippage, etc.,Y
RCRA C/Land Disposal Restrictions 2/3 WastesRCRA - Resource Conservation and Recovery Act LDR 2/3 Wastes: Land disposal restrictions Phase II treatment standards for organic toxicity characteristic wastes and newly listed wastes. It refers to soil and debris contaminated with first scheduled wastes and to radioactive wastes mixed with first-third wastes.,Y
RCRA C/Land Disposal Restrictions 3/3 WastesRCRA - Resource Conservation and Recovery Act LDR 3/3 Wastes: Land disposal restrictions for Third Scheduled Wastes. Under the rule, 2/3 scheduled wastes may be disposed of only if the landfill has a permit (or is in interim status), and complies with the requirements: It must have a liner to prevent migration of wastes to the adjacent surface or subsurface soil, surface or ground water; it must be constructed of materials with appropriate chemical properties and sufficient strength to prevent failure; it must have a leachate collection and removal system immediately above the liner designed to collect and remove leachate from the landfill, etc.,Y
RCRA D (Solid Waste criteria for landfills and disposal facilitiesRCRA - Resource Conservation and Recovery Act Subpart D (Solid Waste): Solid waste means any garbage, refuse, sludge from a waste treatment plant, water supply treatment plant, or air pollution control facility and other discarded material, including soil, liquid, semisolid, or contained gaseous material resulting from industrial, commercial, mining, and agricultural operations, and from community activities, but does not include solid or dissolved material in domestic sewage, or solid or dissolved materials in irrigation return flows or industrial discharges which are point sources subject to permits , or source, special nuclear, or byproduct material as defined by the Atomic Energy Act. Subpart D includes programs that deal with household hazardous waste disposal, used tire disposal, recycling programs, composting, mercury lamps, used oil, used batteries, and other solid, non-hazardous waste issues. The regulations stipulate minimum criteria that owners and operators of municipal solid waste landfills and disposal facilities must meet in order to continue operating. Disposal units are required to implement public health and safety precautions such as disease vector controls to prevent the spread of diseases, restrictions on the open burning of solid waste, safety measures to control explosive gases generated by the decomposition of wastes, minimize the number of birds attracted to the wastes, and restrict public access to the facility. If the unit does not meet the minimal technical standards, it is classified as an open dump, and must upgrade its operations, or close. Similarly, landfills must meet standards that ensure the protection of human health and environment. Owners and operators are required to cover the landfill daily, control disease vectors and explosive gases, control unauthorized access to the unit, and prohibit the open burning of solid waste.,P
RCRA I (Underground storage tanks)RCRA - Resource Conservation and Recovery Act Subpart I UST (Underground Storage Tanks): Subpart I provides regulations for the storage of gasoline, crude oil, and other petroleum products and covers performance standards for new tanks, leak detection, leak prevention, corrective action, and financial responsibility. Subpart I include requirements for tank notification, interim prohibition, new tank standards, reporting and recordkeeping requirements for existing tanks, corrective action, financial responsibility, compliance monitoring and enforcement, and approval of State programs. An underground storage tank (UST) is defined as any one or a combination of tanks that have 10 percent or more of their volume below the surface of the ground in which they are installed. This definition includes the tank, connected underground piping, underground ancillary equipment, and containment system. Further, this definition specifically pertains to UST systems that contain regulated substances such as solvents, methanol, and ethylene glycol (anti-freeze).,P
SDWA/PWSS/(Drinking Water)SDWA - Safe Drinking Water Act PWSS 1413 Public Water System Supervision: The drinking water offices in each state environmental agency have the authority to implement this program, if the state has primary enforcement responsibility (primacy).,Y
SDWA/Wellhead ProtectionSDWA - Safe Drinking Water Act Wellhead Protection Program (1428): Each state must have an approved program to protect wellhead areas from contaminants, which may have any adverse effect on public health and the environment. The "wellhead protection area" refers to the surface and subsurface area surrounding a water well or wellfield. Through these areas potential contaminants are likely to move toward the ground water (drinking water) and reach it resulting in contamination.,A
SDWA/Undergroud Injection Control (UIC)/Sec. 1422SDWA - Safe Drinking Water Act Sec 1422 UIC (Underground Injection Control): Underground injection means the subsurface emplacement of fluids by injecting them into the ground through a well (natural gas and oil are exempted). The injection may endanger the drinking water source if as a result of the injection there is a presence of any contaminant in the public water system that may determine noncompliance with any national primary drinking water regulation or may adversely affect the public health. Under 1422, an underground injection control program may be prescribed by the EPA, or adopted by a state and approved by EPA in order for the state to have primary responsibility (primacy) 1442(d). ,Y
SDWA/UIC/Sec. 1425SDWA - Safe Drinking Water Act Sec 1425 UIC: Optional demonstration by states relating to oil or natural gas. States may show that the underground injections in connection with oil or natural gas operations meet the requirements of the UIC program.,ND
TSCA/Asbestos (MAP)TSCA - Toxic Substances Control Act MAP Model Accreditation Plan (training for workers): Under the Toxic Substances Control Act (TSCA), EPA issued the first regulations intended to control asbestos in schools. The MAP requires persons conducting asbestos related activities in schools or public buildings to be certified by EPA.,N
TSCA/AHERA WaiverTSCA - Toxic Substances Control Act AHERA Waiver (Asbestos Hazard Emergency Response Act): This act is more inclusive than the Asbestos-in-Schools Rule. AHERA requires Local Education Agencies (LEAs) to inspect their schools for asbestos containing material and prepare management plans to reduce the asbestos hazard. The Administrator of EPA may waive some or all-asbestos requirements in a state, if the state is implementing a program of asbestos inspection and management which contains requirements at least as stringent as the requirements under TSCA. ,N
TSCA/Indoor Radon/Sec. 306TSCA - Toxic Substances Control Act Indoor Radon 306: States may apply for grant assistance for developing and implementing programs for the assessment and mitigation of radon. Activities eligible for grant assistance is: 1.Surveys of radon levels, including special surveys in public buildings or certain geographic areas; 2.Developing of public information and educational materials concerning radon assessment, mitigation and control programs; 3.Implementation of programs to control radon in existing and new structures; 4.Purchase by the state of radon measurement devices; 5.Purchase of and maintenance of analytical equipment connected to radon measurement and analysis. 6.Payment of costs of EPA-approved training programs related to radon for permanent state or local employees; 7.Payment of general overhead and program administration costs; 8.Development of data storage and management system for information concerning radon occurrence, levels and programs; 9.Payment of costs of demonstration of radon mitigation methods and technologies as approved by the EPA. 10.A toll-free radon hotline to provide information and technical assistance, etc. The authority for states to use funds from these grants to assist local governments is limited to three programs: 2, 3 and 6. ,N

 
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