Search Site
Menu
NJDEP Adopts Correction to Air Minor Source Grace Period Determination

On November 18, 2013, the New Jersey Department of Environmental Protection (“NJDEP”) amended the Air Administrative Procedures and Penalties Code, N.J.A.C. 7:27A-3.10(m)16, to change a violation of N.J.A.C. 7:27-16, Control and Prohibition of Air Pollution by Volatile Organic Compounds (VOC) for Vapor Control Systems from a minor violation to a non-minor violation. A gas distributing facility violates this provision of the Code when emissions are detected from the facility’s vapor control system, which demonstrates that the system is not working properly.

Previously, failure of a vapor control system to prevent emissions was considered a minor violation.  For minor violations, the NJDEP would issue a notice of violation and allow a 30-day grace period for the facility to correct the issue. N.J.A.C. 7:27A-3.10(q), (t). Furthermore, the facility could request an extension of the grace period. The NJDEP had the discretion to grant an extension for up to 90-days. The NJDEP could issue a penalty only if the facility did not make the correction, did not notify the agency of the correction, or ask for an extension.

Now that a failure of the vapor control system is a non-minor violation, facilities are not granted a grace period to correct any problems. Penalties for violations against facilities rise for each offense. The first offense has a penalty of $1,000, the second offense is $2,000, the third offense is $5,000, and every offense thereafter is $15,000 each.

This amendment to the regulations will have a significant effect on gas distribution facilities that must now ensure that their vapor control systems are continuously working properly, or risk a heavy penalty. The NJDEP has made several suggestions for these facilities to protect against violations, including adhering to required tests and testing schedules, using automatic vapor recovery testing schedules, and keeping test results ready for facility inspections.

At Lieberman Blecher & Sinkevich our attorneys are extremely well-versed in matters of regulatory compliance, permitting, and enforcement. There are myriad environmental statutes, regulations, and even informal rules which businesses owners must be aware of to avoid making any environmental transgressions. Our legal team is knowledgeable and experienced in these matters, and has helped many clients navigate their way safely through these regulations over the years.

Leave a Reply

Your email address will not be published. Required fields are marked *

Our Attorneys

Recent Twitter Posts

  • Fishing to be allowed in future wind farm off the coast of Atlantic City. https://t.co/x8vlsXFtcW
    1 week ago
  • New Jersey Economic Development Authority approves pilot program to replace diesel trucks with electric vehicles in… https://t.co/EZ5xkmDIjY
    1 week ago
  • New Jersey sues the Federal Government over PFAS contamination at military bases. https://t.co/f3BTcTmMJ8
    1 week ago
  • Bald eagles, continuing a remarkable comeback, are now nesting in all 21 New Jersey counties. https://t.co/F8i2rKUedo
    2 weeks ago

Recent Blog Posts

Underground storage tank leaks may lead to development delays and costly clean-ups

Earlier this month, multiple sources reported an oil leak at a redevelopment site in Haddonfield, New Jersey. According to the Borough of Haddonfield’s press release dated January 6, 2021, the
Read More
Underground storage tank leaks may lead to development delays and costly clean-ups

New Jersey Court of Appeals rules in favor of DEP’s ability to create public beach access over private property

In an April 2020 decision of a matter comprised of 63 consolidated cases, the New Jersey Court of Appeals affirmed that the New Jersey Department of Environmental Protection (“NJDEP”) has
Read More
New Jersey Court of Appeals rules in favor of DEP’s ability to create public beach access over private property

Changes to expect in environmental regulation with the incoming administration

President-elect Joe Biden ran on a platform that highlighted climate change and environmental regulation as national priorities. His plans state the intention to take the necessary steps to decrease our
Read More
Changes to expect in environmental regulation with the incoming administration

NJDEP files Additional Natural Resource Damages claims

The State DEP continues to pursue natural resource damages (called NRD) claims. These are lawsuits where the relief sought is not just a cleanup, which is normally the relief sought
Read More
NJDEP files Additional Natural Resource Damages claims

In the media

  • Gulf Coast Town Center facing foreclosure

    Naples Daily News, September 16, 2015

    Wells Fargo filed a lawsuit Sept. 8 against an affiliate of CBL & Associates, the owners of the decadeold, 1.2 million-square-foot mall in south Fort Myers for a $190.9 million unpaid loan. The center has 94 stores on 204 acres, with such anchors as Super Target, Belk, Best Buy, Dick’s Sporting Goods, Marshalls and Costco...

    Read More
  • Town liable for private company's leaking underground tanks, court rules

    NJ.com Jul 26, 2017

    CRANFORD -- A couple that owned a businesses in town and became sick from leaking underground tanks owned by an adjacent business can sue the township for damages because the tanks were partially ...

    Read More
  • Dark Waters: How a Class Action Catapulted NJ to Forefront of 'Forever Chemicals' Battle

    NJ Law Journal Jan 09, 2020

    As property owners become increasingly aware of PFAS contamination, and as individuals exposed to PFAS learn of the health risks associated with exposure, liability will likely affect entire supply chains.

    Read More
  1. 1
  2. 2
  3. 3
  4. 4
  5. 5
Contact Our Firm

Quick Contact Form