Fumigation Rule Applicability Reminder

This listserv is being sent as a reminder to the regulated community that the fumigation rules, which became operative on June 6, 2022, have an allowance that allows applications for existing fumigation facilities to continue operations, provided the facility has submitted an air permit on or before February 3, 2023.

 

A facility that has applied by the February 3, 2023 deadline that was in operation prior to June 3, 2022, and has been working cooperatively with the Department to obtain a permit will not be subject to enforcement action. Enforcement actions may be taken for facilities that failed to submit prior to the deadline or fail to work cooperatively with the Department.

 

There are no provisions to extend this submittal deadline in the rule adoption in April 2022.  The Department strongly encourages facilities to submit as early as feasible.  Air Quality staff are available for pre-application meetings and site visits if needed.

 

Emergency fumigation notifications must still comply with the requirements of the  rule.

 

For more details on fumigation and applicability, please refer to the Q&A document which can be found at https://njdepwptest.net/wp-content/uploads/boss/program-updates/fumigation-faq.pdf