New Jersey Department of Environmental Protection (NJDEP) issued an Enforcement Alert to New Jersey laboratories that own or operate equipment and/or source operation that has the potential to emit any Group 1 or Group 2 Toxic Substances (e.g. benzene, chloroform, methylene chloride, TCE) at a rate greater than 0.1 pounds per hour (45.4 grams per hour).  This equipment may include lab hoods, vents, and analytical equipment.  The purpose of the alert is to warn laboratories that there is an increased risk of NJDEP visiting and inspecting your facility.  Furthermore, the purpose is not to alert labs of a new law or regulation, rather it is aimed at enforcing existing regulations.

Other equipment that may be subject to enforcement at your facility includes typical facility related equipment such as boilers, furnaces, heaters, and emergency generators that run on commercial fuel (e.g. natural gas, propane, oil, diesel).  NJDEP regulations state that this equipment requires an air permit if it has a heat input rating equal to or greater than 1,000,000 BTU per hour.

Your facility may not have any equipment or operations that are subject NJDEP regulations.  EWMA has a long history of experience and determining applicability to NJDEP's Air Quality regulations and quantifying emissions from a variety of equipment.  We have developed methods and procedures to gather applicable information, evaluate applicability to NJDEP regulations, prepare permit applications, and negotiate the permit requirements with NJDEP to obtain a permit with realistic requirements.  Operating equipment in a way that exceeds the allowance is permissible only if the equipment has an approved air permit detailing the allowable use and, if required, air pollution control of Group 1 or Group 2.  The Department plans on issuing enforcement actions for all violators which may include penalty assessments ranging from $100 - $30,000 as outlined in Air Administrative Procedures and Penalties,  NJAC 7:27A.

A complete list of Group 1 TXS or Group 2 TXS, applicability, and exceptions can be found in Air Pollution Control Guide NJAC 7:27-17. 

To learn more about New Jersey's Air Quality Permitting Program and/or to determine if you are at risk of an enforcement action, please contact Peter Berkhout at Peter.Berkhout@ewma.com or (973) 560-1400 x165. 

Michael Sylvester is a panelist on "The Use of Private Funding to Remediate & Redevelop Impacted Properties" at the 2015  RE3 Conference, September 16, Philadelphia, PA.  The conference theme is Developing the Future.  Mr. Sylvester has over twenty-seven years of public and private sector experience in the environmental industry and is recognized on both national and State levels as a leader in Brownfields.

For the third year members of EWMA participated in NAIOP's 2015 Community Action Day by offering a helping hand at Community Food Bank (CFB), in Hillside, New Jersey.  Along with 95 other volunteers, they sorted and packed food that supports 18 of the 21 counties in New Jersey.   As a group NAIOP collected more than $2,000 and 1,000 pounds of food, an increase of 43% from 2014.