1. Compliance and Enforcement Updates and other Holiday Treats
17TH ANNUAL REGULATORY UPDATE CONFERENCE
Co-sponsored by NJDEP and A&WMA
November 16, 2018

2. Air Fumigation Diesel Emissions Minor Source Stage II
Now require entities fumigating agricultural commodity products obtain an air pollution permit.
Emissions may require a state of the art (SOTA) air pollution control device.
May also be subject to specific VOC control provision N.J.A.C. 7:27-16,
Diesel Emissions
Tampering
Idling
Minor Source Stage II
Mandated control of gasoline vapors at the pump when fueling vehicles.
Since 2006 all vehicles have Onboard Refueling Vapor Recovery (ORVR) systems.
When ORVR systems operate in conjunction with vacuum assist vapor control systems there is a potential for excess emissions due to incompatibility of the two systems.
Rules require decommissioning of vacuum assist Stage II vapor recovery equipment within 3 years

3. Solid Waste Dirty Dirt Lots of materials coming in from NY and PA.
Joint efforts by DEP, DOL and Legislature to control quality.
Pending legislation for soil/fill brokers requiring A-901 licensure.
Identification of acceptable material to be used as fill.
Model Municipal Ordinance for importation of fill.
Notification to involved entities
Enforcement

4. Hazardous Waste Anticipated Pharma Rule
Reclassification of Nicotine from “P” to “U” depending on concentration.
Formal Reverse Distribution recognition for pharma and other consumer products.
Aerosol Cans
Proposal to handle as a universal waste.
E-manifest Update
Moving along - Most generators still using paper. TSD’s scanning or sending data files. Looking to weave in the LQG Biennial reporting requirements into the system.

5. Water/Land Use Water Quality Storm Resiliency Lead PFAS/PFOA
Sand Berms

6. Rulemaking Update Pesticides Proposal due out next month.
Update of agricultural worker protection standards.
Changes to applicator testing .
Penalty rules.

7. Rulemaking Update Discharge Prevention - Just underway.
Update Appendix A - list of hazardous substances.
Develop process to request de minimis determination.
Allow electronic submittal of the DPCC/DCR Plans and discharge confirmation reports (DCRs).
Allow Certified Hazardous Material Managers (CHMMs) in addition to Professional Engineers (PEs) to certifying plans.
Reduce recordkeeping requirements concerning tank integrity testing.
Allow DPCC/DCR Plan Renewals to be submitted once every 5 years instead of once every 3 years.

8. Your Fees at Work
Development of mobile inspection app via tablets based on cloud data transmission capability allowing instant download of facility information from DEP data systems to the inspector while on site and allowing instant upload of information upon completion of inspection. Inspection findings/NOV’s sent via to facility reps upon completion of inspection.
Developing use of drone technology with applicable cameras to determine status/layout of sites, types and volumes of materials being stored, unpermitted discharges, etc.