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N.J.A.C. 7:26F, Heating Oil Tank System Remediation Rules; N.J.A.C. 7:26C, Administrative Requirements for the Remediation of Contaminated Sites; and N.J.A.C. 7:26E, Technical Requirements for Site Remediation

October 19th, 2017

The NJ Department of Environmental Protection is proposing to consolidate into a single chapter, N.J.A.C. 7:26F, the rules concerning remediation of discharges from both residential and small, non-residential heating oil tank systems, which are unregulated.

The new chapter includes a certain amount of flexibility by providing a process by which the tank owner may vary from certain technical requirements and deal with residual soil contamination.  The NJDEP proposes to delete existing requirements for remediating discharges from unregulated heating oil tank systems from other rules governing site remediation.  The NJDEP is also proposing amendments to correct or streamline N.J.A.C. 7:1E, Discharges of Petroleum and other Hazardous Substances rules; N.J.A.C. 7:14A, New Jersey Pollutant Discharge Elimination System rules; N.J.A.C. 7:14B, Underground Storage Tanks rules (which address only regulated heating oil tank systems); N.J.A.C. 7:26B, Industrial Site Recovery Act Rules; N.J.A.C. 7:26C, Administrative Requirements for the Remediation of Contaminated Sites; and N.J.A.C. 7:26E, Technical Requirements for Site Remediation.  The proposed amendments further streamline those rules, clarify provisions that make it difficult to implement the rules, and simplify the implementation of the licensed site remediation professional (LSRP) program.

 

Oil and Natural Gas Sector: Emission Standards for New, Reconstructed, and Modified Sources: Three Month Stay of Certain Requirements

October 17th, 2017

The Environmental Protection Agency (EPA) is proposing to stay for three months certain requirements that are contained within the Final Rule titled “Oil and Natural Gas Sector: Emission Standards for New, Reconstructed, and Modified Sources,” published in the Federal Register on June 3, 2016 (2016 Rule).

On June 5, 2017, the EPA published a notice that, in accordance with the Clean Air Act (CAA), the EPA stayed for three initial months the fugitive emissions requirements, well site pneumatic pump standards, and requirements for certification of closed vent systems by a professional engineer. The EPA granted reconsideration after considering specific objections to these requirements. In a separate notice published today, the EPA is proposing a stay for two years, providing the EPA sufficient time to propose, take public comment, and issue a final action on the issues concerning the specific requirements on which EPA has granted reconsideration.

The two-year proposed stay published today, if finalized as proposed, would likely be determined to be a major rule under the Congressional Review Act and therefore will not take effect until sixty days after publication or after Congress receives the rule report, whichever is later. Therefore, while the EPA intends to complete that rulemaking and take final action before the initial three-month stay expires, there may potentially be a gap between the two stays due to the sixty-day delay in effectiveness of that action. To avoid such a potential gap, and the resulting confusion, in this action the EPA is proposing a three-month stay which would not qualify as a major rule and could become effective upon publication.

The EPA prepared an Economic Impact Analysis for this proposal, which is available in Docket ID EPA-HQ-OAR-2017-0346. The EPA is seeking comment pertaining to this stay and its duration. The EPA is also seeking comment on if a four-month stay may be more appropriate to ensure continuity of the stay. The EPA is not taking comment at this time on substantive issues concerning these requirements, or on any of the other provisions subject to the reconsideration.

 

Underground Storage Tanks, N.J.A.C. 7:14B, Water Pollution Control Act, N.J.A.C. 7:14, and Administrative Requirements for the Remediation of Contaminated Sites, N.J.A.C. 7:26C

October 14th, 2017

The NJ Department of Environmental Protection is proposing new rules and amendments affecting the requirements applicable to Underground Storage Tanks (USTs).  The proposed new rules and amendments relate to secondary containment; operator training, designation, and duties; partially regulated UST systems; field constructed tanks and airport hydrant systems; operation and maintenance walkthrough inspections; UST registration; notification; UST service provider certifications; and civil administrative penalties.  The proposed rules apply to tanks that store motor fuel, liquid petroleum products, waste oil, or other hazardous substances, and all heating oil tanks of 2,001 gallons or more for on-site consumption at businesses or commercial operations.

 

Review of the 2016 Oil and Gas New Source Performance Standards for New, Reconstructed, and Modified Sources

October 13th, 2017

In 2016, the Environmental Protection Agency (EPA) had regulated sulfur dioxide emissions from natural gas processing and volatile organic chemicals (VOCs) from a number of equipment and operations at oil and gas facilities (40 CFR part 60 subpart OOOO). The EPA promulgated this Rule, which expanded the existing NSPS by requiring methane reductions from previously regulated sources and limiting methane and VOCs from other types of new oil and gas facilities never before regulated under Section 111. The EPA announced it is reviewing the 2016 Oil and Gas New Source Performance Standards and, if appropriate, will initiate reconsideration proceedings to suspend, revise or rescind this rule.

 

Extension of General Permit for the Beneficial Use of Biosolids by Land Application (PAG-08) and General Permit for the Beneficial Use of Residential Septage by Land Application (PAG-09)

October 10th, 2017

The PA Department of Environmental Protection is extending the availability of the current General Permit for the Beneficial Use of Biosolids by Land Application (PAG-08) and of the current General Permit for the Beneficial Use of Residential Septage by Land Application (PAG-09) through April 2, 2018.

The existing General Permits expired on April 2, 2017. By this notice, the Department is administratively extending the General Permits to April 2, 2018, or the date of final renewal as published, whichever is earlier. Persons that are operating under the General Permits may continue to operate under its terms until the date final renewal is published. Persons that have coverage beyond the final renewal publication date as identified on their coverage approval page may continue to operate until that later date under the terms of the renewed general permits. For those persons whose coverage expires during the extension period or for persons that require new coverage under the extended permit, coverage under the Administratively Extended the General Permits will only be valid for persons that submit a timely and administratively complete Notice of Intent for a new or renewed approval to operate under these General Permits.