New Jersey DEP Air Toxics Division Holds Q&A Session for Permit Applicants

On Thursday, the NJDEP Air Toxics Division held an information session for fumigators and facilities who are seeking permits required under permitting requirements that because effective on June 3rd. Under the new requirements, existing facilities wishing to perform fumigations must have permits before February 3, 2023. New facilities who wish to begin fumigations must have a permit in hand before fumigation activities commence. NJDEP indicated that having a permit application submitted does not completely shield a facility from enforcement, but they are willing to work cooperatively with applicants to ensure compliance. They further indicated that a workgroup of relevant stakeholders is being convened to explore a general permit process, which could cover most fumigations, however this process remains unclear. The new NJDEP rule only covers industrial fumigation, not residential fumigations or bed bugs, wood destroying beetles or other pests in homes. For the purposes of the rule, industrial fumigation has been defined by the department as an enclosed space, including a warehouse, container, bin, silo, trailer, storage facility, commodity pallet, any type of fumigation chamber, such as under a tarpaulin or manufacturing or processing equipment in which fumigation occurs as a significant operation. NPMA continues to engage on this topic along with a collation of impacted stakeholders.