DEP Adopts Air Standards

From The Jersey Sierran, July - September 2022

 

REPORT FROM TRENTON

Taking a regional lead to protect the public from industrial use of fumigants, the state Department of Environmental Protection (DEP) has adopted permitting and emissions control standards for multiple chemicals that are highly toxic to humans. These include sulfuryl fluoride, hydrogen sulfide, methyl bromide, and phosphine. Although federal standards do address the use of pesticides in fumigation, they do not regulate the emission of these substances to the ambient air. The DEP will require risk assessments as part of permit approvals for industrial level fumigations and impose fines for noncompliance. 

The rules are expected to make a major difference at NJ ports where cargoes are routinely treated for pests. NJ business leaders protested that the rules exceed requirements in neighboring states and compliance will be costly, putting NJ exports and imports at a competitive disadvantage. The DEP noted that industrial fumigation operations in NJ tend to be close to environmental justice communities and residents must be protected. “As these gases are colorless and odorless, the sensitive population, if affected, would not know the cause,” the DEP wrote.