A3578

An Act concerning de minimus levels of air contaminants, hazardous air pollutants, and hazardous substances, and supplementing P.L.1954, c.212 (C.26:2C-1 et seq.) and P.L.1976, c.141 (C.58:10-23.11 et seq.).

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. a. Notwithstanding any other law, or rule or regulation adopted pursuant thereto, to the contrary, except as provided pursuant to subsection b. of this section, the Department of Environmental Protection shall not require:

(1) a permit to be issued pursuant to P.L.1954, c.212 (C.26:2C-1 et seq.) for any equipment reasonably established to have emissions of air contaminants or hazardous air pollutants below the reporting thresholds or SOTA thresholds for air contaminants or hazardous air pollutants established by the department in rules and regulations adopted pursuant to P.L.1994, c.101 (C.26:2C-9.3 et seq.), and set forth in any appendix thereto; or

(2) any accounting of releases of air contaminants or hazardous air pollutants as part of a Subchapter 8 permit for any facility issued pursuant to P.L.1954, c.212 (C.26:2C-1 et seq.) that are emitted at levels below the reporting thresholds or SOTA thresholds for air contaminants or hazardous air pollutants established by the department in rules and regulations adopted pursuant to P.L.1994, c.101 (C.26:2C-9.3 et seq.), and set forth in any appendix thereto.

b. The department may require a permit or an accounting of releases prohibited pursuant to subsection a. of this section, if failure to require such a permit or accounting would violate any federal law, rule, or regulation, or abrogate any State Implementation Plan provision or requirement.

c. As used in this section, “SOTA” means the acronym commonly used in air permitting regulations which stands for the term “state of the art.”

2. a. A facility storing trace amounts of a hazardous substance shall be exempt from the requirements of section 2 of P.L.1990, c.78 (C.58:10-23.11d2) and the rules and regulations adopted pursuant thereto.

b. No later than 180 days after the effective date of this act, the Department of Environmental Protection, pursuant to the “Administrative Procedure Act,” P.L.1968, c.410 (C.52:14B-1 et seq.), shall adopt rules and regulations setting forth the specific level of each hazardous substance below which shall be deemed to be a trace amount of a hazardous substance for the purposes of subsection a. of this section and for which no such level has been already established pursuant to federal law, rule, or regulation, or the “Worker and Community Right to Know Act,” P.L.1983, c.315 (C.34:5A-1 et seq.).

c. If providing an exemption pursuant to subsection a. of this section for a facility or a specific hazardous substance violates any federal law, rule, or regulation, the provisions of subsection a. of this section shall not apply to the facility or for the specific hazardous substance, as the case may be.

d. For the purposes of this section, “trace amounts of a hazardous substance” means an amount or level below any de minimus standard, reporting threshold, or minimum amount by volume requiring regulation established pursuant to: (1) federal law, rule, or regulation concerning the regulation of hazardous substances; (2) the standards established by P.L.1983, c.315 (C.34:5A-1 et seq.); or (3) subsection b. of this section.

3. This act shall take effect immediately.

STATEMENT

This bill establishes de minimus levels of air contaminants, hazardous air pollutants, and hazardous substances to be exempted from Department of Environmental Protection (DEP) regulation as air contaminants, hazardous air pollutants, and hazardous substances.

Specifically, the bill provides that neither a permit for any equipment or accounting of emissions would be required if:

1) emissions of air contaminants or hazardous air pollutants are below the reporting thresholds or state of the art (SOTA) thresholds for air contaminants or hazardous air pollutants established by the department in rules and regulations, or any appendix thereto; and

2) failure to require the permit or accounting of emissions does not violate any federal law, rule, or regulation, and does not abrogate any State Implementation Plan provision or requirement.

The bill also provides that a facility storing trace amounts of a hazardous substance would be exempt from the requirements under the “Spill Compensation and Control Act” and the rules and regulations adopted pursuant thereto. The bill defines “trace amount of a hazardous substance” as an amount or level below any de minimus standard, reporting threshold, or minimum amount by volume requiring regulation established pursuant to:

1) federal law, rule, or regulation concerning the regulation of hazardous substances;

2) the standards established by the “Worker and Community Right to Know Act,” P.L.1983, c.315 (C.34:5A-1 et seq.); or

3) the DEP by rule and regulation as described below.

The bill directs the DEP to adopt rules and regulations setting forth a specific de minimus level for any hazardous substance that for which no de minimus level has been already established pursuant to federal law, rule or regulation, or the “Worker and Community Right to Know Act.” Finally, the bill provides the exemption would not apply if providing it would violate any federal law, rule, or regulation.