For more information on the EBC or to join CIANJ, visit their website. 

Commerce and Industry Association of New Jersey

Commerce and Industry Association of New Jersey is a unique network of businesses committed to improving and advancing the cause of free enterprise in the Garden State. Our focus sets us apart from other organizations and provides the basis upon which we work to make our state a better place to live, work and conduct business.

Environmental Business Council - A Forum of the CIANJ

Since its inception, the EBC’s mission has been to recognize the important economic role the environmental industry plays within the state, to demonstrate that environmental issues are also business issues, and to teach the business and regulatory communities that environmental responsibility and economic growth are fundamentally related.

The EBC Environmental Roundtable meets every other month to discuss relevant environmental issues, regulatory changes and new developments that may impact our members provided by our sub-committees which focus on: Regulatory Affairs, Brownfields & Site Remediation, Natural Resource Damages, Water, Air, Environmental Technology, Sustainability, Energy, Enforcement & OSHA News and Regulations.

CIANJ member companies are invited to send Executives, Directors, Management and individual technical and compliance personnel to their bimonthly meetings to enhance their understanding of current issues and participate in advocacy efforts as well as assist with environmental compliance matters both functionally and legislatively.

Numerous Past Presidents of AHMP-NJ attend these meetings regularly and plan to make this valuable knowledge resource available to the general AHMP-NJ membership community on an ongoing basis.

July 22, 2022 EBC Meeting

• I.                   Introduction/General Interest 

§ Biden Enviro Justice Goals Driving Big Enforcement Changes

https://www.law360.com/articles/1501009/biden-enviro-justice-goals-driving-big-enforcement-changes

§ The Biggest Enviro Policy Moves of 2022: Midyear Report

https://www.law360.com/articles/1501832/the-biggest-enviro-policy-moves-of-2022-midyear-report

§ Energy Litigation to Watch in the Second Half of 2022

https://www.law360.com/articles/1505939/energy-litigation-to-watch-in-the-second-half-of-2022

§ Murphy Administration Inspires Interest in Environmental Careers While Promoting Diversity, Equity and Inclusion Through Dep’s Youth Inclusion  Initiative

https://www.nj.gov/dep/newsrel/2022/22_0030.htm

II.                   Brownfields and Site Remediation

A.    Site Remediation Practitioners’ Forum 

• §  June 29, 2022, Meeting Minutes (attached as a PDF)
• §  Next Site Remediation Practitioners’ Forum will be August 31, 2022

B.     Site Remediation and Other Technical Issues 

• §  Exam for Subsurface Evaluation Certification Now Available
• https://www.state.nj.us/dep/srp/srra/listserv_archives/2022/20220621_srra.html
• §  The New Jersey Department of Environmental Protection's (NJDEP's) Site Remediation & Waste Management Program (SRWMP) presented on various topics at the New Jersey Site Remediation Conference on June 15, 2022
• https://www.nj.gov/dep/srp/srra/listserv_archives/2022/20220708_srra.html
• §  Surface Water Quality Standards Stakeholder Meeting, 6/28
• https://www.state.nj.us/dep/srp/srra/listserv_archives/2022/20220613_srra.html
• §  Updated Remedial Action Permit (RAP) Applications/Forms and Instructions available
• https://www.state.nj.us/dep/srp/srra/listserv_archives/2022/20220603_srra.html
• NJ to allow steel slag use in construction
• https://www.njleg.state.nj.us/bill-search/2022/A642

C.    LSRP Board Updates

 §  LSRP Members

• ·         At the July meeting, Chairman Mark Pederson announced his retirement, including from the board. July will be his last meeting and a replacement has not yet been named by the Commissioner.
• ·         Until a new chair is named, Joanne Held will serve as interim chair.
• §  LSRP Exam
• ·         Of the 54 candidates taking the exam, 39 passed.
• ·         All 39 have paid their license fee and are able to work as LSRPs.
• ·         Next exam is tentatively scheduled for October 2023.
• §  Rule Proposal
• ·         The NJDEP Office of Legal Affairs transmitted the Board Rule Proposal to the Governor’s Office for review on February 25, 2022.
• ·         There are a number of DEP Rule Proposals in the queue for Governor review/signature.
• ·         There will be a 60-day public comment period upon publication.
• §  Professional Conduct Committee
• June and July conduct decisions:
• ·         June 2022 the Board voted to find a violation in 1 complaint (008-2021)
• ·         July 2022 the Board did not vote on any complaints. 
• §  Continuing Education
• ·         To date, the Board has approved 25 continuing education programs in 2022.
• ·         Since the last update in May, 11 classes were approved and 1 was denied.

At the July meeting, the board approved a policy change for continuing education (attached). The policy statement was sent via listserve on July 13, 2022 and may also be found on the board website. This policy narrows the definition of Alternative Verifiable Learning Format to exclude continuing education programs attended remotely but synchronously, and which allow interaction with instructors.

D.    Brownfields 

• Infrastructure Investment and Jobs Act
• https://www.epa.gov/newsreleases/epa-announces-plans-use-first-1b-bipartisan-infrastructure-law-funds-clear-out
•  
• There is $1B in funding available in the new infrastructure bill for projects taking place on any of 49 currently unfunded superfund sites.
• The qualifying sites in NY and NJ are as follows: (Diamond Head Oil Refinery Division in NJ, Eighteen mile Creek, NY, Facet Enterprises Inc., NY Former Kil-Tone Company, NJ Garfield Groundwater Contamination, NJ Kauffman & Minteer, Inc., NJ Roebling Steel Co., NJ, Unimatic Manufacturing Corporation, NJ, Vestal Water Supply Well 1-1, NY, White Chemical Corp, NJ)

III.       Regional Regulatory Affairs 

Federal    

• §  Drinking Water Health Advisories for PFOA and PFOS
• https://www.epa.gov/sdwa/drinking-water-health-advisories-pfoa-and-pfos
• https://www.epa.gov/system/files/documents/2022-06/drinking-water-ha-pfas-factsheet-water-system.pdf
• §  WV Supreme Court Ruling on Climate Change
• https://earthjustice.org/blog/2022-july/what-does-west-virginia-v-epa-mean-for-climate-action
• §  Article on impact of recent SCOTUS decision on USEPA regulatory authority
• https://www.nytimes.com/2022/06/30/us/supreme-court-epa-administrative-state.html

      New York

• §  New York State to Hold Lower Hudson Valley Public Hearing on Draft Disadvantaged Communities Criteria on June 10
• https://www.dec.ny.gov/press/125531.html
• §  Disadvantaged Communities Criteria
• https://climate.ny.gov/Our-Climate-Act/Disadvantaged-Communities-Criteria

Pennsylvania

• §  DEP Regulatory Update
• https://files.dep.state.pa.us/PublicParticipation/Public%20Participation%20Center/PubPartCenterPortalFiles/Environmental%20Quality%20Board/Rolling_Reg_Agenda.pdf

IV.                   Natural Resource Damages 

• §  Cornell Dubilier agrees to $4M settlement for cleanup, damages at South Plainfield, NJ site
• https://enviropolitics.com/cornell-dubilier-agrees-to-4m-settlement-for-cleanup-damages-at-south-plainfield-nj-site/
• §  NGO NY/NJ Bay keeper taps into Federal money to start building urban restoration projects
• https://www.nynjbaykeeper.org/the-ny-nj-watershed-protect-act-is-an-opportunity-for-historic-investment-in-urban-restoration-throughout-the-region
• §  Federal Natural Resource Trustees Propose Construction of Riverside Park in East Newark
• https://www.justice.gov/opa/pr/federal-natural-resource-trustees-propose-construction-riverside-park-east-newark
• §  Ford Accused of Dumping Toxins, Hiding Scope of Pollution
• https://www.law360.com/articles/1503621/ford-accused-of-dumping-toxins-hiding-scope-of-pollution

V.      Solid and Hazardous Waste, and Recycling 

• §  Amendments to the “Dirty Dirt Law” (N.J.S.A. 13:1E-127.1 et seq.) Requiring Registration for Soil and Fill Recycling Services
• https://www.nj.gov/dep/enforcement/advisories/2022-07.pdf
• https://www.nj.gov/dep/dshw/a901/soil_fill_dirty_dirt_faq.pdf?202207
• §  EJ Rules Related to Solid Waste
• https://www.jdsupra.com/legalnews/njdep-publishes-draft-rules-for-3645159/
• https://www.jdsupra.com/legalnews/njdep-proposes-rules-implementing-7959496/
• https://www.nj.gov/dep/ej/communities.html
• 
  

• §  The Biggest Changes in EPA’s New Water Rule
• https://www.law360.com/articles/1499578/the-biggest-changes-in-epa-s-new-water-rule
• §  Trump Water Rule Too Damaging For Appeal, 9th Circ. Told
• https://www.law360.com/articles/1509384/trump-water-rule-too-damaging-for-appeal-9th-circ-told

• §  EPA Pitches Reporting Rules for Chemicals
• https://www.law360.com/articles/1505964/epa-pitches-reporting-rules-for-chemicals
• §  EPA Seeks Small Businesses’ Input on Development of Proposed TSCA Data Reporting Rule
• https://www.epa.gov/newsreleases/epa-seeks-small-businesses-input-development-proposed-tsca-data-reporting-rule
• §  Scientists Say EPA Can Use Chemical Regs to Rein in GHG  (but see Sec. XII below)

• §  EPA’s Spring 2022 Unified Agenda Includes Proposed and Final TSCA and TRI Rules
• https://www.natlawreview.com/article/epa-s-spring-2022-unified-agenda-includes-proposed-and-final-tsca-and-tri-rules
• §  EPA final rule includes TSCA amendments covering hazard communication, significant new use rules
• https://www.safetyandhealthmagazine.com/articles/22777-epa-final-rule-includes-tsca-amendments-covering-hazard-communication-significant-new-use-rules
• §  EPA Publishes Final Scope for Part 2 of Asbestos Risk Evaluation
• https://www.jdsupra.com/legalnews/epa-publishes-final-scope-for-part-2-of-9080276/
• §  Final Revision to HBCD Risk Determination Finds HBCD, Chemical Substance, Presents an Unreasonable Risk
• https://www.jdsupra.com/legalnews/final-revision-to-hbcd-risk-2630676/
• §  EPA Releases Draft Revisions to Risk Determinations for PCE, NMP, Methylene Chloride, and TCE, finding that Each, Chemical Substance, Presents an Unreasonable Risk of Injury to Health
• https://www.natlawreview.com/article/epa-releases-draft-revisions-to-risk-determinations-pce-nmp-methylene-chloride-and

• §  Region 2 – US Department of Labor Cites Robbinsville frozen food manufacturer after investigation into worker’s fatal fall from scissor lift.
• https://www.osha.gov/news/newsreleases/region2/06152022
• §  National News Release – Alarming Rise in trench-related fatalities spurs US Department of Labor to announce enhanced nationwide enforcement, additional oversight.
• https://www.osha.gov/news/newsreleases/national/07142022
• §  Central New Jersey facility to pay $273,000, take corrective actions to resolve COVID-related respirator violations
• https://www.osha.gov/news/newsreleases/brief/06022022
• §  OSHA tackles rise in trenching accidents
• https://www.enr.com/articles/54451-osha-launches-trench-safety-initiative-amid-sharp-rise-in-deaths

IX.   Air Quality and Greenhouse Gases

       §  Supreme Court Limits EPA in curbing power plant emissions

https://apnews.com/article/supreme-court-epa-ruling-2e893673819a1b6c6aa272a5e814f0b0

• §  EPA Releases Annual Air Report, Highlighting Trends through 2021
• https://www.epa.gov/newsreleases/epa-releases-annual-air-report-highlighting-trends-through-2021. 
• §  EPA Regional Administrator Lisa F. Garcia Urges Eligible School Districts in EPA Region 2 to Apply for $500 Million In Available Funding for Clean School Buses
• https://www.epa.gov/newsreleases/epa-regional-administrator-lisa-f-garcia-urges-eligible-school-districts-epa-region-2 
• §  NJDEP Air Permit Applicability Determination Policy Change
• https://www.state.nj.us/dep/aqpp/downloads/isg/6322app.pdf 
• §  NJDEP Air Operating Permit Renewal Policy Change
• https://www.state.nj.us/dep/aqpp/permitguide/OP%20Renewals%20Exp%20Dates.pdf 
• §  NJDEP Air Industrial Stakeholder Group 6/3/2022 Meeting Highlights
• https://www.state.nj.us/dep/aqpp/downloads/isg/6322highlights.pdf

Joe Galley CHMM, LSRP (AHMP-NJ Certified member, Past President (Twice)