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NJ DEPARTMENT of ENVIRONMENTAL PROTECTION (Posted 1/8/10) OFFICE POLICY, PLANNING AND SCIENCE Global Warming Solutions Fund Rules, N.J.A.C. 7:27D Take notice that the NJ Department of Environmental Protection (Department) has adopted new rules, N.J.A.C. 7:27D, the Global Warming Solutions Fund Rules.  As required by the Global Warming Solutions Fund Law, N.J.S.A. 26:2C-50 et seq., these rules establish a priority ranking system to be used to assist the Economic Development Authority, the Board of Public Utilities, and the Department in their allocation of the proceeds of the auction of CO2 emission allowances that occur pursuant to the Regional Greenhouse Gas Initiative (RGGI) Carbon Dioxide Budget Trading Program, N.J.A.C. 27C.  The regulation can be found here: http://www.nj.gov/dep/rules/adoptions/adopt_091221b.pdf   NJ DEPARTMENT of ENVIRONMENTAL PROTECTION (Posted 1/8/10) LAND USE MANAGEMENT Notice of Rule Proposal Freshwater Wetlands Protection Act Rules, N.J.A.C. 7:7A – Proposed Amendments Surface Water Quality Standards, N.J.A.C. 7:9B – Proposed Readoption with Amendments New Jersey Pollutant Discharge Elimination System, N.J.A.C. 7:14A – Proposed Amendments Public Notice Take notice that the NJ Department of Environmental Protection has readopted the proposed rule with amendments the Surface Water Quality Standards at N.J.A.C. 7:9B.  The Department is also proposing to amend the Freshwater Wetlands Protection Act Rules at N.J.A.C. 7:7A-1.4 and New Jersey Pollutant Discharge Elimination System at N.J.A.C. 7:14A-1.2 to assure consistency and to recodify some provisions. The Department is proposing several amendments to the Surface Water Quality Standards as part of this readoption.  Revisions to the nutrient policies and phosphorus criteria, inclusion of a new range of pH criteria applicable to southern coastal waters and new stream classification table for waters subject to the new pH criteria, revised temperature criteria and an updated cyanide criterion are the key amendments being proposed at this time.  Other proposed amendments included a new policy encouraging reclaimed water for beneficial uses, a proposal to use the Integrated Water Quality Monitoring and Assessment Methods to identify impaired waters, and a procedure to update certain criteria through notice in the New Jersey Register.  A copy of the rule can be found here: http://www.nj.gov/dep/rules/adoptions/adopt_091221a.pdf   NJ DEPARTMENT of ENVIRONMENTAL PROTECTION (Posted 1/8/10) Land Use Management Division of Water Supply Notice of Rule Proposal Safe Drinking Water Act Rules, 7:10 Public Notice Take notice that the NJ Department of Environmental Protection is proposing to amend the Safe Drinking Water Act (SDWA) rules, N.J.A.C. 7:10.  These rules establish the State primary and secondary drinking water regulations for public and nonpublic water systems, construction standards, fees, physical connections between an approved and an unapproved water supply, variance and exemption procedures, and provisions regarding civil administrative penalties and adjudicatory hearings under the New Jersey SDWA, N.J.S.A. 58:12A-1 et seq.    The Department is proposing amendments to the SDWA rules to (1) address certain process changes recommended by the Permit Efficiency Review Task Force (convened by the Commissioner of the Department in 2008 to comprehensively review the Department's permitting programs) and (2) update the penalty and enforcement provisions to conform to the amendments to the SDWA at N.J.S.A. 58:12A-10 made by P.L. 2007, c. 246, commonly referred to as the Environmental Enforcement Enhancement Act, enacted effective January 2008. The proposal is scheduled to be published in the New Jersey Register dated January 4, 2010.  A copy of the proposal is available from:  the DEP web site(PDF); phoning (609) 292-5550; County libraries; 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 this proposal will be held on February 2, 2010, at 9:00 A.M.  at the NJ Department of Environmental Protection, Public Hearing Room, 1st Floor, 401 East State Street, Trenton, NJ, 08625. Written comments may be submitted by March 5, 2010 to: NJ Department of Environmental Protection Janis E. Hoagland, Esq. ATTN: DEP Docket No. 19-09-11/751 Office of Legal Affairs PO Box 402 Trenton, New Jersey 08625   NJ DEPARTMENT of ENVIRONMENTAL PROTECTION (Posted 1/8/10) LAND USE MANAGEMENT Notice of Rule Proposal Surface Water Quality Standards, N.J.A.C. 7:9B-1.4, 1.5(g) and 1.14(d) Public Notice Take notice that the NJ Department of Environmental Protection is proposing amendments to the Surface Water Quality Standards at N.J.A.C. 7:9B to amend the nutrient policy (N.J.A.C. 7:9B-1.5(g)), the nutrient/phosphorus criteria (N.J.A.C. 7:9B-1.14(d)), and the definition of watershed-specific translators (N.J.A.C. 7:9B-1.4). The Department determined that the existing nutrient policies at N.J.A.C. 7:9B-1.5(g) could be applicable to all waters including saline estuarine (SE) and saline coastal (SC).  The Department is proposing to recodify the provision from N.J.A.C. 7:9B-1.5(g)2 to N.J.A.C. 7:9B-1.14(d)4i as narrative nutrient criterion applicable to all stream classifications.  As a result, the Department is proposing to recodify provisions currently at N.J.A.C. 7:9B-1.5(g)3, 4, and 5 to N.J.A.C. 7:9B-1.5(g)2, 3, and 4.  The numeric phosphorus criteria of 0.1 mg/L for non-tidal streams and 0.05 mg/L phosphorus criteria for lakes, ponds and reservoirs are recodified at N.J.A.C. 7:9B-1.14(d)4ii(1) and (2).  These numeric phosphorus criteria apply unless watershed-specific translators are established pursuant to proposed N.J.A.C. 7:9B-1.5(g)2 or if the Department determines that concentrations do not render the waters unsuitable for the existing or designated uses pursuant to N.J.A.C. 7:9B-1.14(d)4i. Watershed-specific translators may be an alternative criterion or a combination of criteria.  For example, a watershed-specific translator could be a variation of the existing phosphorus criteria, criteria established for a new parameter such as Chlorophyll a, or a combination of criteria for different parameters (for example, Chlorophyll a and dissolved oxygen).  Watershed-specific translators are established to demonstrate compliance with the narrative criterion to protect existing or designated uses for a specified watershed.  Watershed-specific translators may only be established as part of a TMDL evaluation pursuant to N.J.A.C. 7:15-6.3 to demonstrate compliance with the narrative criterion.  The Department is proposing to amend the definition of watershed-specific translators to provide an accurate cross-reference to the proposed narrative criterion at N.J.A.C. 7:9B-1.14(d)4i. The proposal is scheduled to be published in the New Jersey Register dated December 21, 2009.  A courtesy copy of the proposal (PDF) is available from the Department’s web site.  It may also be purchased from Lexis/Nexis at www.lexisnexis.com/bookstore. A public hearing concerning this proposal is scheduled on Wednesday, January 27, 2010 from 3:30 PM to 5:00 PM or close of testimony, at: Department of Environmental Protection 401 East State Street Public Hearing Room Trenton, NJ 08625 Written comments may be submitted by February 19, 2010 to: Gary J. Brower, Esq. Attn. DEP Docket Number 21-09-11/754 Office of Legal Affairs New Jersey Department of Environmental Protection P.O. Box 402 Trenton, NJ 08625-0402   NJ DEPARTMENT of ENVIRONMENTAL PROTECTION (Posted 12/14/09) LAND USE MANAGEMENT Notice of Rule Proposal Surface Water Quality Standards, N.J.A.C. 7:9B-1.4, 1.5(g) and 1.14(d) Public Notice Take notice that the NJ Department of Environmental Protection is proposing amendments to the Surface Water Quality Standards at N.J.A.C. 7:9B to amend the nutrient policy (N.J.A.C. 7:9B-1.5(g)), the nutrient/phosphorus criteria (N.J.A.C. 7:9B-1.14(d)), and the definition of watershed-specific translators (N.J.A.C. 7:9B-1.4). The Department determined that the existing nutrient policies at N.J.A.C. 7:9B-1.5(g) could be applicable to all waters including saline estuarine (SE) and saline coastal (SC).  The Department is proposing to recodify the provision from N.J.A.C. 7:9B-1.5(g)2 to N.J.A.C. 7:9B-1.14(d)4i as narrative nutrient criterion applicable to all stream classifications.  As a result, the Department is proposing to recodify provisions currently at N.J.A.C. 7:9B-1.5(g)3, 4, and 5 to N.J.A.C. 7:9B-1.5(g)2, 3, and 4.  The numeric phosphorus criteria of 0.1 mg/L for non-tidal streams and 0.05 mg/L phosphorus criteria for lakes, ponds and reservoirs are recodified at N.J.A.C. 7:9B-1.14(d)4ii(1) and (2).  These numeric phosphorus criteria apply unless watershed-specific translators are established pursuant to proposed N.J.A.C. 7:9B-1.5(g)2 or if the Department determines that concentrations do not render the waters unsuitable for the existing or designated uses pursuant to N.J.A.C. 7:9B-1.14(d)4i. Watershed-specific translators may be an alternative criterion or a combination of criteria.  For example, a watershed-specific translator could be a variation of the existing phosphorus criteria, criteria established for a new parameter such as Chlorophyll a, or a combination of criteria for different parameters (for example, Chlorophyll a and dissolved oxygen).  Watershed-specific translators are established to demonstrate compliance with the narrative criterion to protect existing or designated uses for a specified watershed.  Watershed-specific translators may only be established as part of a TMDL evaluation pursuant to N.J.A.C. 7:15-6.3 to demonstrate compliance with the narrative criterion.  The Department is proposing to amend the definition of watershed-specific translators to provide an accurate cross-reference to the proposed narrative criterion at N.J.A.C. 7:9B-1.14(d)4i. The proposal is scheduled to be published in the New Jersey Register dated December 21, 2009.  A courtesy copy of the proposal(PDF) is available from the Department’s web site.  It may also be purchased from Lexis/Nexis at www.lexisnexis.com/bookstore. A public hearing concerning this proposal is scheduled on Wednesday, January 27, 2010 from 3:30 PM to 5:00 PM or close of testimony, at: Department of Environmental Protection 401 East State Street Public Hearing Room Trenton, NJ 08625 Written comments may be submitted by February 19, 2010 to: Gary J. Brower, Esq. Attn. DEP Docket Number 21-09-11/754 Office of Legal Affairs New Jersey Department of Environmental Protection P.O. Box 402 Trenton, NJ 08625-0402   NJ DEPARTMENT of ENVIRONMENTAL PROTECTION (Posted 12/14/09) Land Use Management Division of Water Supply Notice of Rule Proposal Safe Drinking Water Act Rules, 7:10 Public Notice Take notice that the NJ Department of Environmental Protection is proposing to readopt the Safe Drinking Water Act Rules without change. In accordance with the Administrative Procedure Act, N.J.S.A. 52:14B-1 et seq., the Safe Drinking Water Act (SDWA) rules at N.J.A.C. 7:10, are scheduled to expire on November 4, 2009.  This expiration date is extended by 180 days to May 3, 2010 pursuant to N.J.S.A. 52:14B-5.1c by the timely filing of this notice of proposal.  The SDWA rules establish the State primary and secondary drinking water regulations for public and nonpublic water systems, construction standards, fees, physical connections between an approved and an unapproved water supply, and provisions regarding civil administrative penalties and adjudicatory hearings under the New Jersey Safe Drinking Water Act, N.J.S.A. 58:12A-1 et seq.  The Department has evaluated the rules and has determined that they are necessary, reasonable, and proper for the purpose for which they were originally promulgated. The proposal is scheduled to be published in the New Jersey Register dated December 7, 2009.  A copy of the proposal is available from:  the DEP web site(PDF); phoning (609) 292-5550; at County  libraries; 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. Written comments may be submitted by February 5, 2010 to: NJ Department of Environmental Protection Janis E. Hoagland, Esq. ATTN: DEP Docket No. 172-09-11/749 Office of Legal Affairs PO Box 402 Trenton, New Jersey 08625 RULE ADOPTIONS (Posted 11/30/09) ENVIRONMENTAL PROTECTION ENVIRONMENTAL REGULATION OFFICE OF AIR QUALITY MANAGEMENT 41 N.J.R. 4195(b) Adopted Amendments: N.J.A.C. 7:27-14.1 through 14.6, 15.1, 15.3, 15.5, 15.6, 15.7 and 15.8; 7:27A-3.10; and 7:27B-4.1, 4.2, 4.3, 4.4, 4.6, 5.1, 5.2, 5.4, 5.6, 5.7, 5.8 and 5.9 Adopted Repeal: N.J.A.C. 7:27B-5.5 Adopted New Rules: N.J.A.C. 7:27B-4.7 and 4.8 Motor Vehicle Inspection and Maintenance Proposed: April 20, 2009 at 41 N.J.R. 1606(a). Adopted: October 19, 2009 by Mark N. Mauriello, Acting Commissioner, Department of Environmental Protection. Filed: October 20, 2009 as R.2009 d.343, without change. Authority: N.J.S.A. 13:1B-3(e), 13:1D-9, 26:2C-8 et seq., specifically 26:2C-8 through 8.5, and 8.11 and 39:8-41 et seq.; specifically 39:8-41 through 58. DEP Docket Number: 06-09-03/654. The Department is adopting new rules and amendments at N.J.A.C. 7:27-14, Control and Prohibition of Air Pollution from Diesel-Powered Motor Vehicles, 7:27-15, Control and Prohibition of Air Pollution from Gasoline Fueled Motor Vehicles, 7:27A, Air Administrative Procedures and Penalties, 7:27B-4, Air Test Method 4: Testing Procedures for Diesel-Powered Motor Vehicles and 7:27B-5, Air Test Method 5: Testing Procedures for Gasoline-Fueled Motor Vehicles, to update the motor vehicle emission tests and standards for both gasoline and diesel vehicles. These adopted rules are part of a new motor vehicle inspection and maintenance (I/M) program developed by the Department, the Motor Vehicle Commission (MVC) and the Department of the Treasury. The rules also represent a revision to the State Implementation Plan. For gasoline-fueled vehicles, the adopted amendments at N.J.A.C. 7:27B-5 establish a new exhaust emission test that will replace two different exhaust emission tests currently in use. The new test will measure exhaust emissions in a manner similar to existing tests, but will not require the use of dynamometers, which are being phased out of the inspection program. The On Board Diagnostics (OBD) test at amended N.J.A.C. 7:27-15 and 7:27B-5 expands the failure criteria to include additional malfunctions. Amended N.J.A.C. 7:27-15 excludes vehicles of model year 2001 and newer from gas cap testing. The option for vehicles to comply with public highway and inspection standards by meeting provisions of a repair cost waiver has been removed. Amended N.J.A.C. 7:27-15 aligns the idle standard exemptions with N.J.A.C. 7:27-14, which applies to diesel vehicles. The Department is also adopting amendments to the administrative penalties at N.J.A.C. 7:27A for gasoline vehicle idling, in order that the penalties are comparable to the penalties for diesel vehicles. For diesel-powered vehicles, the adopted rules at N.J.A.C. 7:27-14 and 7:27B-4 establish new requirements, tests and standards for light-duty diesel vehicles. All light-duty diesel vehicles will be subject to a visible smoke test and model year 1997 and newer light-duty diesel vehicles will additionally be subject to an OBD test. The visible smoke test and OBD test applied to light-duty diesel vehicles are generally consistent with those tests as applied to gasoline vehicles.   Summary of Hearing Officer's Recommendation and Agency Response: A public hearing was held on June 8, 2009, at the Department's Public Hearing Room, Trenton. David West, Chief of the Department's Bureau of Motor Vehicle Inspection and Maintenance, Division of Air Quality, served as the Hearing Officer. No one provided comments at the public hearing. After reviewing the comments received during the public comment period, the Hearing Officer has recommended that the proposal be adopted without change. The Department accepts the Hearing Officer's recommendation. A record of the public hearing is available for inspection in accordance with applicable law by contacting:    Department of Environmental Protection    Office of Legal Affairs    ATTN: Docket No. 06-09-03/654    401 East State Street    PO Box 402    Trenton, New Jersey 08625-0402 This adoption document can also be viewed or downloaded from the Department's website at www.nj.gov/dep/rules. RULE ADOPTIONS (Posted 11/30/09) ENVIRONMENTAL PROTECTION ENVIRONMENTAL REGULATION SOLID AND HAZARDOUS WASTE MANAGEMENT PROGRAM COMPLIANCE AND ENFORCEMENT DIVISION OF COUNTY ENVIRONMENTAL AND WASTE ENFORCEMENT 41 N.J.R. 4195(a) Readoption: N.J.A.C. 7:26 Solid Waste Rules Proposed: June 1, 2009 at 41 N.J.R. 2186(a). Adopted: October 10, 2009 by Mark N. Mauriello, Acting Commissioner, Department of Environmental Protection. Filed: October 20, 2009 as R.2009 d.342, without change. Authority: N.J.S.A. 13:1B-3, 13:1D-1 et seq., 13:1D-125 et seq., 13:1E-1 et seq., 13:1E-9, 26:2C-1 et seq., 47:1A-1 et seq., 58:10-23.11 and 58:10A-1 et seq. DEP Docket Number: 08-09-04/741. The Department of Environmental Protection (Department) hereby readopts, without change, the Solid Waste Rules, N.J.A.C. 7:26. These rules govern the following activities: the registration, operation, maintenance and closure of solid waste facilities; the registration, operation and maintenance of solid waste transportation vehicles; fees charged for services provided by the Department to solid waste facilities, generators and transporters; civil administrative penalty assessments and requests for adjudicatory hearings; the implementation of various statutory loan programs; the disclosure and integrity review of solid and hazardous waste facilities and transporters; and the availability and confidentiality of information received by the Department in administering the solid waste program. The notice of proposal to readopt the Solid Waste Rules without change was published in the New Jersey Register on June 1, 2009 at 41 N.J.R. 2186(a). No public hearing was held concerning the proposal. The comment period closed on July 31, 2009. This adoption document may be viewed on the Department's website at http://www.nj.gov/dep/rules.   ENVIRONMENTAL PROTECTION (posted 11/9/09) COMPLIANCE AND ENFORCEMENT ENVIRONMENTAL REGULATION Adopted Amendments: N.J.A.C. 7:26-2.1 and 2D.1 COUNTY ENVIRONMENTAL AND WASTE ENFORCEMENT Solid and Hazardous Waste Programs Requirements for Rail Carriers that Transfer Non-containerized Solid Waste to or from Rail Cars Proposed: November 17, 2008 at 40 N.J.R. 6507(b) Adopted: September 25, 2009 by Mark N. Mauriello, Acting Commissioner, Department of Environmental Protection. Filed: October 8, 2009 as R.2009 d.335, with substantive and technical changes not requiring additional public notice and comment (see N.J.A.C. 1:30-6.3). Authority: N.J.S.A. 13:1B-1 et seq., 13:1D-1 et seq. and 13:1E-1-9. DEP Docket Number: 18-08-10/698. Effective Date: November 2, 2009. Expiration Date: November 7, 2009. The Department of Environmental Protection (Department) hereby adopts amendments to the Solid Waste Rules that provide that rail carriers that transfer noncontainerized solid waste to and from rail cars are subject to the Department's permitting and operational requirements for solid waste facilities. The Clean Railroads Act of 2008, P.L. 110-432, 122 Stat. 4900 (CRA or Federal Act) contains provisions that limit the scope of the Interstate Commerce Commission Termination Act (ICCTA) preemption of state regulation of rail facility operations involving noncontainerized waste. It expressly authorizes states to regulate and permit solid waste rail transfer facilities (other than facilities that transfer only containerized waste) with limits and qualifications regarding the application of siting requirements for rail carrier transfer stations and the specific types of waste governed. For solid waste rail transfer facilities currently operating as of the effective date of the CRA, the CRA provides a transition period for state permitting. Adopted new N.J.A.C. 7:26-2.1(d) requires new and existing rail carrier transfer operations that handle noncontainerized solid waste to come into compliance with the Department's solid waste facility permitting provisions at N.J.A.C. 7:26-2, and obtain A-901 approval pursuant to N.J.A.C. 7:26-16. New rail carrier transfer operations will also have to apply to the designated plan implementation agency for the purpose of seeking inclusion in the applicable District Solid Waste Management Plan pursuant to N.J.A.C. 7:26-6 (note that pursuant to N.J.S.A. 13:1E-19, each county in the State and the Hackensack Meadowlands District is designated a solid waste management district). Adopted new N.J.A.C. 7:26-2.1(d) also requires an existing rail carrier that to date had been operating under and in compliance with N.J.A.C. 7:26-2D.1(d) (which is deleted by this adoption), to submit disclosure statements required under N.J.A.C. 7:26-16 and a complete application for a solid waste facility permit within 180 days of the effective date of this adoption. However, existing rail carriers that are in compliance with N.J.A.C. 7:26-2D.1(d) as of the effective date of the repeal of that provision will not be required to apply for inclusion in the applicable District Solid Waste Management Plan. Instead, these facilities will be treated as existing rail carrier facilities for purposes of the Solid Waste Management Act planning provisions. Accordingly, if the Department issues a solid waste facility permit to an existing rail carrier solid waste facility, the applicable Solid Waste Management District will be required, pursuant to N.J.S.A. 13:1E-21, to include the facility in its district plan. The adopted amendments do not amend the provisions regarding transfer of containerized waste by rail carriers; transfer of containerized waste will continue to be regulated under N.J.A.C. 7:26-2D.1(c).   RULE ADOPTIONS (Posted 11/6/09) ENVIRONMENTAL PROTECTION LAND USE MANAGEMENT DIVISION OF LAND USE REGULATION 41 N.J.R. 4090(a) Adopted Amendments: N.J.A.C. 7:7A-5.2, 5.6, 5.10A, 5.10B, 5.11, 5.21, 5.27 and 15.11 Freshwater Wetlands Protection Act Rules Adopted General Permits Mitigation Proposed: October 6, 2008 at 40 N.J.R. 5478(a). Adopted: September 24, 2009 by Mark N. Mauriello, Acting Commissioner, Department of Environmental Protection. Authority: N.J.S.A. 13:9B-1 et seq. DEP Docket Number: 15-08-09/693.   The Department of Environmental Protection (Department) is adopting amendments to the Freshwater Wetlands Protection Act (FWPA) rules, N.J.A.C. 7:7A, to establish mitigation requirements for the following general permits: 2 for underground utility lines, 6 for non-surface water connected wetlands, 10A and 10B for minor road crossings, 11 for outfall structures, and 21 for above ground utility lines. The Department is also adopting a corresponding amendment to the existing requirement for mitigation under general permit 27 for redevelopment. The mitigation requirement for all of these general permits is that mitigation must be performed for permanent loss and/or disturbances of 0.1 acres or greater. For permanent loss and/or disturbances of less than 0.1 acres, the Department will determine on a case-by-case basis whether or not to require mitigation. The Department will make its determination based upon whether the applicant can demonstrate that all activities have been designed to avoid and minimize impacts to wetlands. The mitigation requirements are necessary to address the wetlands losses that the Department determined were occurring as a result of projects authorized under these general permits, as well as to ensure the State's permitting program continues to be as strict as the Federal 404 program administered by the Army Corps of Engineers (ACOE). As of 2007, mitigation has been a standard condition of most nationwide permits, which are the Federal equivalent of the State's general permits. Click here for a copy of the regulation.       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