The Association of Environmental Authorities of New Jersey

RULE PROPOSALS (Posted 9/25/08)
LABOR AND WORKFORCE DEVELOPMENT
DIVISION OF EMPLOYER ACCOUNTS
40 N.J.R. 5167(a)
Proposed Amendments: N.J.A.C. 12:16-4.1 and 4.2
Proposed New Rules: N.J.A.C. 12:16-1A.1 and 4.11
Contributions, Records and Reports; Family Leave Insurance Benefits
Authorized By: David J. Socolow, Commissioner, Department of Labor and Workforce Development.
Authority: N.J.S.A. 43:21-25 et seq., as amended by P.L. 2008, c. 17, specifically, N.J.S.A. 43:21-65; 43:21-1 et seq., specifically, N.J.S.A. 43:21-7g.
Proposal Number: PRN 2008-312.

Click here for the proposal.

A public hearing on the proposed amendments and new rules will be held on the following date at the following location:

Monday, October 6, 2008
10:00 A.M. to 12:00 Noon
New Jersey Department of Labor and Workforce Development
John Fitch Plaza
13th Floor Auditorium
Trenton, New Jersey

NJ DEPARTMENT of ENVIRONMENTAL PROTECTION (Posted 9/25/08)
Environmental Regulation
Division of Environmental Safety and Health/Bureau of Release Prevention

Notice of Rule Proposal
Toxic Catastrophe Prevention Act Program rules – N.J.A.C. 7:31

Public Notice
Take notice that the NJ Department of Environmental Protection is proposing to readopt with amendments the Toxic Catastrophe Prevention Act (TCPA) rules at N.J.A.C. 7:31. A statement of the proposal follows:

The TCPA rules, which incorporate by reference the federal Chemical Accident Prevention rules at 40 CFR 68, specify the requirements for developing and implementing risk management programs for owners or operators handling, using, storing, manufacturing, or generating Extraordinarily Hazardous Substances (EHSs) at or above established threshold quantities. These rules, adopted in 1988 and readopted in 1993, 1998, and 2003, are due to expire on February 9, 2009 in accordance with the sunset provisions of N.J.S.A. 52:14B-5.1.

The Department is proposing significant amendments to the rules: elimination of the “industrial complex” definition and rule provisions, petroleum refining process unit definition, repeal of the Program 2 prevention program requirements and Program 2 covered processes becoming subject to Program 3, elimination of the use of the “state of the art” definition and provisions, revised concentration and likelihood criteria to determine risk reduction in risk assessment, inclusion of Liquefied Petroleum Gas (LPG) components to the list of TCPA EHSs, deletion of the exemption for Group I Reactive Hazard Substances (RHSs) that have an inhibitor, addition of an exemption for RHS mixtures that cannot have a catastrophic accident, addition of organometallics to the list of RHS mixture functional groups at Table I, Part D, Group II, increased penalty for facilities that fail to register a Risk Management Plan, amendments to the confidentiality provisions, determination of threshold quantity applicability based on a facility-wide basis rather than within individual covered processes, and other changes to clarify existing rule requirements.

The proposal is scheduled to be published in the New Jersey Register dated September 15, 2008. A copy of the proposal is available from the Department at: http://www.nj.gov/dep/rules/notices.html; LexisNexis Customer Service at (800) 223-1944 or www.lexisnexis.com/bookstore; or contact the Department at (609) 633-0610. Be advised that there may be a fee for obtaining a copy of the proposal from some sources.

A public hearing concerning the proposal is scheduled as follows:

Tuesday, October 14, 2008 at 9:00 A.M.
New Jersey Department of Environmental Protection
First Floor Public Hearing Room
401 E. State Street
Trenton, New Jersey 08625

Written comments may be submitted by November 14, 2008 to::

NJ Department of Environmental Protection
Leslie W. Ledogar, Esquire
ATTN: DEP Docket Number 14-08-08/660
Office of Legal Affairs
PO Box 402
Trenton, New Jersey 08625

DIVISION OF EQUAL EMPLOYMENT OPPORTUNITY IN PUBLIC CONTRACTS
Affirmative Action Rules
Authorized By: R. David Rousseau, State Treasurer.
Authority: N.J.S.A. 10:5-31 et seq. (P.L. 1975, c. 127), specifically 10:5-36K.
Calendar Reference: See Summary below for explanation of exception to calendar requirement.

Proposal Number: PRN 2008-202.

Submit comments by August 15, 2008 to:
   Deirdre L. Webster Cobb, Director
   Division of Equal Employment Opportunity in Public Contracts
   135 West Hanover Street
   P.O. Box 209
   Trenton, NJ 08625-0209

The agency proposal follows:

Click here for the proposal.

RULE PROPOSALS (Posted 9/15/08)
LABOR AND WORKFORCE DEVELOPMENT
INCOME SECURITY
40 N.J.R. 4913(a)
Proposed Amendments: N.J.A.C. 12:15-1.2, 1.3, 1.4 and 1.5
2009 Maximum Weekly Benefit Rates
2009 Taxable Wage Base Under the Unemployment Compensation Law
2009 Contribution Rate of Governmental Entities and Instrumentalities
2009 Base Week
Authorized By: David J. Socolow, Commissioner, Department of Labor and Workforce Development.
Authority: N.J.S.A. 34:1-5, 34:1-20, 34:1A-3(e), 43:21-3(c), 43:21-4(e),43:21-7(b)(3), 43:21-7.3(e), 43:21-19(t), 43:21-27, 43:21-40 and 43:21-41.

Click here for proposal.

Proposal Number: PRN 2008-300.

A public hearing on the proposed amendments will be held on the following
date at the following location:
Thursday, September 25, 2008
10:00 A.M.
New Jersey Department of Labor and Workforce Development
1st Floor Conference Room
Trenton, New Jersey

Please call the Office of Legal and Regulatory Services at (609) 292-2789 if you wish to be included on the list of speakers.

Submit written comments by November 1, 2008 to:
David Fish, Regulatory Officer
Office of Legal and Regulatory Services
New Jersey Department of Labor and Workforce Development
P.O. Box 110 - 13th Floor
Trenton, New Jersey 08625-0110
Fax to: (609) 292-8246

PERSONNEL (Posted 8/12/08)
MERIT SYSTEM BOARD
Readoption: N.J.A.C. 4A:7
Equal Employment Opportunity and Affirmative Action
Proposed: March 17, 2008 at 40 N.J.R. 1408(a).
Adopted: June 25, 2008 by the Merit System Board, Hope L. Cooper, Acting Commissioner, Department of Personnel.
Filed: July 1, 2008 as R.2008 d.217, without change.
No comments were received.

Federal Standards Analysis
The area of regulation governed by N.J.A.C. 4A:7 is also governed by Federal laws and regulations. N.J.A.C. 4A:7 exceeds Federal standards and requirements, affording protection to a broader class of persons, that is, protection of all persons from discrimination on the basis of race, creed, color, national origin, nationality, ancestry, age, sex/gender (including pregnancy), marital status, civil union status, domestic partnership status, familial status, religion, affectional or sexual orientation, gender identity or expression, atypical hereditary cellular or blood trait, genetic information, and liability for service in the Armed Forces of the United States. Conversely, Title VII affords protection from discrimination to all persons on the basis of far fewer categories - namely, race, color, religion, sex, and national origin.

See Title VII of the Civil Rights Act of 1964, 42 U.S.C. §2000e et seq. Age and disability are protected categories under Federal law pursuant to the Age Discrimination in Employment Act of 1967, 29 U.S.C. §621 et seq.; and the Americans with Disabilities Act of 1990, 42 U.S.C. §§12101 et seq. However, the reason that N.J.A.C. 4A:7 provides such broad protections is that the State Law Against Discrimination (LAD) specifically prohibits discrimination against persons based on the categories indicated in the readopted rules. The Department of Personnel and the Merit System Board are bound to follow and implement the LAD. See N.J.S.A. 10:5-1 et seq.

It is further noted that N.J.A.C. 4A:7 prohibits discrimination/harassment occurring at a lower threshold than that prohibited by Federal or State law. This is because N.J.A.C. 4A:7, the State Policy Prohibiting Discrimination in the Workplace, aims to prevent and remediate as many types and instances of discrimination/harassment as possible to ensure a smoothly functioning and harmonious workplace.

In accordance with N.J.A.C. 1:30-5.1(c)4iii(2), which requires that an agency engage in a cost-benefit analysis when a rule proposal exceeds Federal standards, it is noted that the Merit System Board anticipates greater benefits than costs through implementation of the State Policy in the readoption of N.J.A.C. 4A:7. In prohibiting and, thus, preventing, any form of discrimination based on the previously enumerated protected categories, the rules will lead to a more productive workforce in the State's public sector.

The discussion required by N.J.A.C. 1:30-5.1(c)4iii(3), regarding whether the agency standard or requirement to be imposed is achievable under the current technology, is not applicable to these rules because technology is not relevant to the merits or implementation of the State Policy Prohibiting Discrimination in the Workplace.

Full text of the readopted rules can be found in the New Jersey Administrative Code at N.J.A.C. 4A:7

RULE ADOPTIONS (Posted 8/12/08)
PERSONNEL
MERIT SYSTEM BOARD
Readoption with Amendments: N.J.A.C. 4A:5
Veterans and Disabled Veterans Preference
Proposed: March 17, 2008 at 40 N.J.R. 1407(a).
Adopted: June 25, 2008 by the Merit System Board, Hope L. Cooper, Acting Commissioner, Department of Personnel.
Filed: July 1, 2008 as R.2008 d.216, without change.
Authority: N.J.S.A. 11A:2-6(d), 11A:4-1(e), 11A:4-8, 11A:4-9, 11A:5-1 through 11A:5-8, 11A:5-15; P.L. 2000, c. 127;
P.L. 2005, c. 64; and P.L. 2007, c. 115.
Effective Dates: July 1, 2008, Readoption;
August 4, 2008, Amendments.
Expiration Date: July 1, 2013.
No comments were received.

Federal Standards Statement

A Federal standards analysis is not required because the rules readopted with amendments at N.J.A.C. 4A:5 are not subject to any Federal requirements or standards. These rules are governed by State law. Full text of the readopted rules can be found in the New Jersey Administrative Code at N.J.A.C. 4A:5.

Full text of the adopted amendments follows:
4A:5-1.3 Filing for veterans or disabled veterans preference

(a) Veterans or disabled veterans preference shall apply prospectively from the date of the initial determination of the Adjutant General of the Department of Military and Veterans' Affairs or the date of the Adjutant General's determination from an appeal, as the case may be. See N.J.A.C. 5A:9-1.4.

(b) Veterans or disabled veterans preference is effective for all eligible lists for which an eligible has received a determination from the Adjutant General, as provided in (a) above, no later than eight days prior to the list's issuance date.

(c) For initial employment in the noncompetitive division and for promotion from the noncompetitive division to the competitive division, veterans or disabled veterans preference is effective on the date of the Adjutant General's determination, as provided in (a) above.

NJ DEPARTMENT of ENVIRONMENTAL PROTECTION (Posted 8/12/08)
OFFICE POLICY, PLANNING AND SCIENCE
COASTAL MANAGEMENT OFFICE

Notice of Rule Proposal
Coastal Permit Program rules, N.J.A.C. 7:7

Public Notice
Take notice that the NJ Department of Environmental Protection is proposing to amend the Coastal Permit Program rules, N.J.A.C. 7:7-7.2 to add a new permit-by-rule for the construction and/or installation of boat wash wastewater systems and associated infrastructure that prevent any discharge of boat wash wastewater to the waters of the State at marinas, boatyards and boat sales facilities. The permit-by-rule would be available to any marina, boatyard or boat sales facility that installs a boat wash wastewater system, including those necessary to comply with the equipment and vehicle washing provisions of the Basic Industrial Stormwater General Permit (5G2) under the NJPDES rules and those that are not subject to the Stormwater General Permit but that wish to voluntarily install such systems.

The proposal is scheduled to be published in the New Jersey Register dated August 4, 2008.A copy of the proposal is available from: the Department’s website(PDF); at County libraries, or by contacting LexisNexis Customer Service at (800) 223-1944 or www.lexisnexis.com/bookstore. Be advised that there may be a fee for obtaining a copy of the proposal from some sources.

A public hearing concerning the proposal is scheduled as follows:

Thursday, September 11, 2008 from 10:30 A.M. to 2:30 P.M. or the close of public comments, whichever occurs first at:

Ocean County Administration Building
101 Hooper Avenue
Room 119
Toms River, NJ 08754

Written comments may be submitted by October 3, 2008 to:

NJ Department of Environmental Protection
Gary Brower, Esq.
ATTN: DEP Docket No. 11-08-07/655
Office of Legal Affairs
401 East State Street, 4th Floor
PO Box 402
Trenton, New Jersey 08625

NJ DEPARTMENT of ENVIRONMENTAL PROTECTION (Posted 8/4/08)
Environmental Regulation
Division of Air Quality

Public Notice
Take notice that the NJ Department of Environmental Protection is proposing new rules and amendments of its rules at N.J.A.C. 7:27-4, 10, 16, 19, 21, and N.J.A.C. 7:27A-3.10. This proposed rulemaking also constitutes a revision to the State Implementation Plan (SIP). A statement of the substance of the proposal follows:

On October 29, 2007, the Department approved the final revisions to its State Implementation Plan (SIP) to address Reasonably Achievable Control Technology (RACT) and other requirements to attain the Federal 1997 8-hour NAAQS for ozone. The Department committed to adopt ozone rules, subject to public comment. The October 2007 final SIP revisions included a commitment to propose rules regulating certain source-specific categories with the greatest potential of reducing emissions of oxides of nitrogen (NOx) and volatile organic compounds (VOCs), both precursors to the formation of ozone. Some of the Department’s existing rules are over a decade old and do not reflect advancements in technology that are currently reasonably available.

This rule action will implement the above SIP commitment in the following 13 source categories: alternative and facility-specific NOx emission rates; alternative VOC emission limits; asphalt used for paving; asphalt pavement production plants; control technique guidelines for flat wood paneling coatings, flexible packaging printing materials, and offset lithographic printing and letterpress printing; electric generating units; glass manufacturing furnaces; high electric demand day units; industrial/commercial/institutional boilers and other indirect heat exchangers; municipal solid waste incinerators; and VOC stationary storage tanks.

The Department is proposing most of these new rules and amendments to reduce volatile organic compound (VOC) and oxides of nitrogen (NOx) emissions, which are precursors to ozone. Ozone occurs naturally in the upper regions of the atmosphere (stratosphere) and is critical to shielding the Earth from the Sun’s harmful ultraviolet radiation. However, in the lower atmosphere (troposphere), where the air we breathe lies, ozone is a harmful air pollutant formed by complex chemical reactions involving VOCs and NOx in the presence of sunlight. The proposed rules will directly reduce NOx and VOC emissions. Sulfur dioxide (SO2) emissions will be reduced for one source category that contributes to fine particulate pollution and haze.

The proposal is scheduled to be published in the New Jersey Register dated August 4, 2008. An unofficial copy of the proposal PDF) is available from the Department’s website or by contacting Liz Matejik, Air Quality Permitting, at Liz.Matejik@dep.state.nj.us.

A public hearing concerning the proposal is scheduled as follows:

Friday, September 26, 2008 at 10:00 a.m.
NJ Department of Environmental Protection
First Floor Public Hearing Room
401 East State Street
Trenton, New Jersey

Written comments may be submitted by October 3, 2008 to:

NJ Department of Environmental Protection
Alice Previte, Esq.
ATTN: DEP Docket # 10-08-07/643
Office of Legal Affairs
PO Box 402
Trenton, New Jersey 08625

ENVIRONMENTAL PROTECTION (Posted 7/18/08)
LAND USE MANAGEMENT
DIVISION OF WATERSHED MANAGEMENT
Water Quality Management Planning
Readoption with Amendments: N.J.A.C. 7:15
Adopted New Rules: N.J.A.C. 7:15-1.6, 1.7, 3.10, 5.24, 5.25 and 5.26
Adopted Repeals and New Rules: N.J.A.C. 7:15-5.1, 5.2, 5.13, 5.14, 6 and 8
Adopted Repeals: N.J.A.C. 7:15-4.5, 5.5, 5.7, 5.9 through 5.12, 5.21 and 7

Proposed: May 21, 2007 39 N.J.R. 1870(a)
Adopted: May, 21, 2008 by Lisa P. Jackson,
Filed: , 2008 as R. ,with substantive and technical changes not requiring additional public notice and comment (See N.J.A.C. 1:30-4.3).
Authority: N.J.S.A. 13:1D-1 et seq., 13:19-1 et seq., 13:20-1 et seq., 23:2A-1 et seq., 40:55D 93-99, 58:1A-1 et seq., 58:10A-1 et seq., 58:11A-1 et seq., 58:16A-50 et seq., 58:11-23 et seq., and 58:29-1 et seq.
DEP Docket Number: 10-07-04/527

The Department of Environmental Protection (Department) is readopting the Water Quality Management Planning rules, N.J.A.C. 7:15, with amendments, repeals and new rules. The proposal was published on May 21, 2007. The comment period was originally scheduled to close on July 20, 2007. Due to the complexity of the proposal and in response to public requests for additional time to view the proposal, the comment period was extended from July 20, 2007 to August 20, 2007 (see 39 N.J.R. 2583(b)).

The Readoption can be downloaded here: http://www.nj.gov/dep/rules/adoptions/adopt_080707a.pdf

New DEP Rule Proposals

The following rule proposals are scheduled for publication in the NJ Register on the proposal dates listed below. The listing is sorted by proposal date, with the most recent proposals listed first. Click on the rule title for additional information.

Safe Drinking Water Program

New Jersey Pollutant Discharge Elimination System Stormwater Regulation
Underground Injection Control

For a list of stormwater rules, a chart of requirements, and copies of permits go to DEP's Stormwater Page

DEP's response to comments on phosphorous

DCA, Local Government Services
Local Finance Notices

Other regulations affecting authorities