120604a

NJ DEPARTMENT of ENVIRONMENTAL PROTECTION
Compliance and Enforcement
Air Compliance and Enforcement

Notice of Rule Proposal
Civil Administrative Penalties and Requests for Adjudicatory Hearings; N.J.A.C 7:27A

Public Notice

Take notice that the NJ Department of Environmental Protection
is proposing the readoption of the Air Administrative Procedures
and Penalties found at N.J.A.C. 7:27A. The rule proposal will
incorporate N.J.S.A. 13:1D-125 to -133, commonly referred to
as the Grace Period Law, into the existing Civil Administrative
Penalties and Requests for Adjudicatory Hearings rules.

A statement of the substance of the proposal follows:

Pursuant to Executive Order No. 66 (1978), N.J.A.C. 7:27A
expires on November 9, 2004. These rules establish the penalties
that apply to violations of the rules governing air pollution
control and prohibition in New Jersey. As required by the Executive
Order, the Department has reviewed N.J.A.C. 7:27A and determined
that it continues to be necessary, reasonable and proper for
the purposes it was originally promulgated to serve. The Department
proposes to readopt N.J.A.C. 7:27A with amendments that will
correct omissions and inaccuracies in cross references. The
Department is also proposing to amend the rules to identify
violations of the Air Pollution Control Act rules (which are
set forth at N.J.A.C. 7:27) as either minor or non-minor for
the purpose of providing grace periods in accordance with N.J.S.A.
13:1D-125 et seq., commonly known as the Grace Period Law.
The proposed amended rules set forth how the Department will
respond to any violation identified as minor. The readoption
of N.J.A.C. 7:27A is necessary to ensure continued enforcement
of the New Jersey Air Pollution Control Act, N.J.S.A. 26:2C-1
et seq., and the Federal Clean Air Act, 42 U.S.C. 7401 et seq.

The proposal is scheduled to be published in the New Jersey
Register dated December 6, 2004. A copy of the proposal is
available from:

The Department’s web site at: http://www.nj.gov/dep/aqm/curformp.html and http://www.nj.gov/dep/enforcement/advisories-date.html.

A copy of the proposal is also available from John Walsh,
Section Chief, Air Compliance and Enforcement, 401 East State
Street, P.O. Box 422, Trenton, NJ 08625-0422, or by calling
(609) 633-7288.

A public hearing(s) concerning the proposal is scheduled
as follows:

Friday, January 14, 2005, at 9:30 AM until end of comments.
New Jersey Department of Environmental Protection
Public Hearing
Room, First Floor
401 East State Street, Trenton, NJ

Written comments may be submitted by February 4, 2005 to:

NJ Department of Environmental Protection
Alice A. Previte,
Esq.
ATTN: DEP Docket No. 27-04-11/434
Office of Legal Affairs
PO Box 402
Trenton, New Jersey 08625