N.J. Admin. Code § 7:27-22.36

Current through Register Vol. 56, No. 21, November 4, 2024

Section 7:27-22.36 - Requirements for emergency fumigation

(a) A fumigation operation that would be classified as a significant source solely because it meets the criteria at paragraph 21 of the definition of "significant source operation" at N.J.A.C. 7:27-22.1 is not a significant source (and, therefore, does not need a permit and certificate) if the operation is an emergency fumigation operation and there has been no other fumigation operation by the facility or source owner or operator within the preceding five years, including an emergency fumigation operation meeting the requirements of this section or N.J.A.C. 7:27-8.2(g). A fumigation operation that was performed before June 3, 2022, will not disqualify a subsequent emergency fumigation operation from the use of this section. The following requirements apply to emergency fumigation operations meeting the above criteria:

1. The owner or operator shall provide advance notification to the Department of the emergency fumigation operation by first-class mail or electronic mail, as provided at (a)2 below, that includes the following:

i. Documentation that the operation is an emergency fumigation operation;

ii. The exact physical location of the facility at which the fumigation operation will be conducted and the distance to the nearest property line, building, structure, and public area;

iii. The industrial structure(s) to be fumigated, including the number of industrial structure(s);

iv. The commodity to be fumigated, including quantity;

v. The fumigant name and estimated quantity to be used; and

vi. The name and address of the company that will perform the emergency fumigation operation.

2. The owner or operator shall submit to the Department the pre-fumigation notice required at (a)1 above and the post-fumigation report required at (a)6 below through the appropriate regional Bureau of Air Compliance and Enforcement, by first-class mail or by email, as follows:

i. If the emergency fumigation operation is located in Bergen, Essex, Hudson, Hunterdon, Morris, Passaic, Somerset, Sussex, Union, or Warren County:

Bureau of Air Compliance & Enforcement--Northern

7 Ridgedale Ave

Cedar Knolls, NJ 07927

AirCE-Northern@dep.nj.gov ;

ii. If the emergency fumigation operation is located in Burlington, Mercer, Middlesex, Monmouth, or Ocean County:

Bureau of Air Compliance & Enforcement--Central

401 E State St

Mail Code 22-03A, PO Box 420

Trenton, NJ 08625-0420

AirCE-Central@dep.nj.gov ; or

iii. If the emergency fumigation operation is located in Atlantic, Camden, Cape May, Cumberland, Gloucester, or Salem County:

Bureau of Air Compliance & Enforcement--Southern

2 Riverside Dr, Suite 201

Camden, NJ 08103

AirCE-Southern@dep.nj.gov ;

3. Prior to the application of fumigant at the site and until aeration is completed, the owner or operator shall post visible and legible signs on the property at any access point and at the facility fence or property line closest to any public right-of-way. The signs must include all wording/information for placards required by the Federally approved fumigant label to identify the operation as dangerous and provide other details, including:

i. The date the fumigation will begin;

ii. The name and the EPA registration number of the fumigant used;

iii. The name, address, and telephone number of the fumigation company and/or applicator; and

iv. A 24-hour emergency response telephone number;

4. The emergency fumigation operation must include a stack that extends above the highest point of the container/roofline and exhausts vertically to remove the fumigant;

5. The emergency fumigation operation must be discontinued, or the rate of aeration must be decreased, if the monitored concentration level limit established in the fumigant label is exceeded at the fence or property line; and

6. Within 30 calendar days following the completion of the fumigation operation, the owner or operator shall submit to the Department, by first-class mail or electronic mail, as provided at (a)2 above, a written report that includes the following:

i. The exact physical location of the facility at which the emergency fumigation operation was conducted and the distance to the nearest property line, building, structure, and public area;

ii. The industrial structure(s) that were fumigated, including the number of industrial structure(s);

iii. The commodity fumigated, including quantity;

iv. The name and address of the company that performed the emergency fumigation operation;

v. The identity of the State or Federal authority that required the emergency fumigation operation;

vi. The equipment used to perform the emergency fumigation operation, including the containment system employed (for example, tarp, sealed container, or fumigation chamber);

vii. The name and quantity of the fumigant used, including a copy of the fumigant label;

viii. The duration of the fumigation and aeration, including the start and end times for each;

ix. The method employed to release the fumigant to the atmosphere after completion of the emergency fumigation operation and aeration, including the rate of release and the distance above the ground at which the fumigant was released;

x. A brief description of the capture and control device used, if any; and

xi. A summary of the fumigation operations, if any, conducted by the facility or source owner or operator over the preceding five years, including any emergency fumigation operation conducted pursuant to this section or N.J.A.C. 7:27-8.2(g). The summary must include the date, amount of fumigant used, and the commodity or industrial structure fumigated for each fumigation operation.

N.J. Admin. Code § 7:27-22.36

Adopted by 54 N.J.R. 560(a), effective 4/4/2022