DEP Adopts Critical Air Contamination Rule

For Immediate Release 

Media Contact: taylor.mcfarland@sierraclub.org 

DEP Adopts Critical Air Contamination Rule 

The New Jersey Department of Environmental Protection (NJDEP) recently adopted new rules that would address air contaminants in New Jersey through its permitting and emissions statement programs. The adopted new rules,: N.J.A.C. 7:27-17.10 and 22.36 regulates fumigants and fumigant operations based on potential to emit, rather than weight of materials. The adopted rules also regulate hydrogen sulfide and sulfuryl fluoride as State-specific hazardous air pollutants. The Department is also adding 13 air contaminants to the list of “toxic air pollutants” that is subject to emissions statement requirements. Taylor McFarland, New Jersey Conservation Manager of the Sierra Club, released the following statement: 

“This is the first time the NJDEP is able to regulate air toxics outside of the predisposed federal Clean Air Act list of Hazardous Air Pollutants. It is a monumental move to regulating air contaminants that specifically pollute NJ’s air. The adopted rule will also increase emission reporting and industry accountability. Commodity or commercial fumigation operations occur all over the State, but particularly in ports and areas where environmental justice communities reside, like the Port of Newark and Camden. Efficiently regulating these fumigation operations that use heavily toxic chemicals designed to kill pests (animals) and to which there are no Federal standards and requirements addressing the emission to ambient air is absolutely critical in order to help clean the air of those overburdened with air pollution.”