On August 2, 1995, Governor Whitman signed into law legislation that amends New Jersey's Air Pollution Control Act by creating a streamlined, facility-wide permitting program for major sources of air emissions. Under the new program, all operating certificates for individual sources within a major facility will be merged into a single operating permit for the entire facility. The new law also requires the payment of a new per-ton emission fee and the demonstration of advancements in the art of air pollution control at certain facilities. To assist businesses in complying with the new requirements, the amended Act establishes a Small Business Compliance Advisory Panel to advise NJDEP on assisting small businesses to comply with the Act, and directs the Department to publish regulations and guidance documents on the implementation of the new permit program.
Pursuant to this legislative mandate, NJDEP published regulations implementing the new operating permit program on September 5th. Of particular note are new procedures providing greater flexibility in making certain changes to operating permit requirements. For example, minor changes in a source's operations may be made without prior notice or with only a seven-day notice instead of the more lengthy and arduous permit modification process. Further regulations and guidance on the new operating permit program, including an emissions trading and banking program, are expected to be published by NJDEP in the near future.
Major sources of air emissions should evaluate their operations to ensure that they comply with the new program and to take advantage of any benefits the new program confers.
