Comment Period Extension and Informal Stakeholder Meetings for Red Tape Review of DEP Proposals

Notice of extension or reopening of comment periods and informal stakeholder meetings for pending Department of Environmental Protection proposals suspended under Executive Order No. 1 (2010)

Take notice that the Department of Environmental Protection (Department) has extended or reopened to March 15, 2010, the public comment periods on the pending proposals suspended under Executive Order No. 1 issued by Governor Christie on January 20, 2010.

The Department seeks additional public comment on these proposals for the purpose of informing the reviews of pending proposed rules being conducted by the Department and the Red Tape Review Group established under Executive Order No. 3 issued by Governor Christie on January 20, 2010.  In particular, the Department seeks public comment that focuses on the enumerated purposes of the rules review as set forth in Executive Order Nos. 1 and 3, as well as in Executive Order No. 2 (2010), which describes “Common Sense Principles” to be implemented in rulemaking.

The comment periods for the below-listed rule proposals are extended or reopened to March 15, 2010.

  1. Safe Drinking Water Act Rules; Private Well Testing Act Rules; and Regulations Governing the Certification of Laboratories and Environmental Measurements – Maximum Contaminant Level (MCL) for Perchlorate.  See 41 N.J.R. 1128(a); March 16, 2009.  (DEP Docket No. 02-09-02/549)
  2. Freshwater Wetlands Protection Act Rules – Determination of Substantial Reliance on a Letter of Interpretation.  See 41 N.J.R. 1314(a); April 6, 2009.  (DEP Docket No. 04-09-03/710)
  3. Processing of Damage Claims Pursuant to the Sanitary Landfill Facility Closure and Contingency Fund Act – Readoption with amendments.  See 41 N.J.R. 2759(a); July 20, 2009.  (DEP Docket No. 10-09-06/703)
  4. Coastal Permit Program Rules; Coastal Zone Management Rules; Flood Hazard Area Control Act Rules – Wind and Solar Energy.  See 41 N.J.R. 3168(a); September 8, 2009. (DEP Docket No. 12-09-08/734)
  5. Water Pollution Control Act Rules – Readoption.  See 41 N.J.R. 3776(a); October 5, 2009. (DEP Docket No. 13-09-09/728)
  6. Natural Areas and the Natural Areas System Rules – Readoption with amendments.  See 41 N.J.R. 4154(a); November 16, 2009. (DEP Docket No. 15-09-10/735)
  7. Air Quality Management – Sulfur in Fuels.  See 41 N.J.R. 4156(a); November 16, 2009. (DEP Docket No. 14-09-10/676)
  8. Safe Drinking Water Act Rules – Readoption.  See 41 N.J.R. 4381(a); December 7, 2009. (DEP Docket No. 17-09-11/749)
  9. Underground Storage Tanks – Readoption.  See 41 N.J.R. 4384(a); December 7, 2009.  (DEP Docket No. 16-09-10/624)
  10. Surface Water Quality Standards – Nutrient Policies; Phosphorus Criteria.  See 41 N.J.R. 4587(a); December 21, 2009. (DEP Docket No. 21-09-11/754)
  11. Forestry – Readoption.  See 42 N.J.R. 14(a); January 4, 2010. (DEP Docket No. 24-09-12/687)
  12. Safe Drinking Water Act Rules – Environmental Enforcement Enhancement Act amendments and Permit Efficiency Review Task Force amendments.  See 42 N.J.R. 17(a); January 4, 2010. (DEP Docket No. 19-09-11/751)

Written comments may be submitted as follows:

  1. Via the Department’s webpage at www.nj.gov/dep/rules/comments/[Note:  The Department prefers electronic submissions in order to facilitate timely review of
    comments to meet the timeframes for action in the Executive Orders.]or
  2. In writing, to:

    Office of Legal Affairs
    Attn.:  Red Tape Rules Review
    DEP Docket No.: [insert applicable DEP Docket No. listed above]
    NJ Department of Environmental Protection
    401 East State Street, 4th floor
    P.O. Box 402
    Trenton, NJ  08625-0402

Take further notice that the Department is scheduling informal stakeholder meetings to be held in February and March 2010 for facilitated discussion of the review of the proposals for the purpose noted above.  (Please note that these meetings are not public hearings, and testimony on the proposals is not accepted at them.)   The Department anticipates that all stakeholder meetings will be held in the DEP Public Hearing Room located at 401 E. State Street, Trenton, New Jersey.  Dates and times of the meetings, as well as any location changes, will be posted to the website listed above.