What Happens When NJDEP Investigates Air Pollution? (Infographic)

 

 

Any emission of an air contaminant into New Jersey’s air can trigger a facility for a potential NJDEP investigation.Pursuant to the Air Pollution Control Act and the standards outlined in Section 26:2C-2, businesses in New Jersey must always ensure that their emissions of certain contaminants are lower than the threshold limit. This unprecedented focus of the state government is in line with their goal of ensuring clean ambient air, for both public health and the environment – ultimately keeping the state the “Garden State.”

Thus, if a company exceeded this limit, and complaints from one or more citizens claiming to be affected by the pollution are received by the NJDEP, the regulatory body will conduct an investigation to verify if a violation has indeed been committed.

Being subjected to an NJDEP investigation can be very time-consuming, costly, and, most importantly – damaging as it distracts the business from its core operations. While dealing with a potential investigation without any professional to assist during the process is possible, it is not the best choice – especially if the reputation and the future of the business are at stake.

To give more insights on what to expect during the NJDEP air pollution investigation, below is a summary of the guidelines that the Department personnel, local health agency officials, and any local government entity will follow during an investigation according to a valid air pollution control ordinance in the state.

1. Designation of Appropriate Investigator

All complaints received by the NJDEP – either in the form of telephone call, letter, or through environmental data management systems – will be forwarded to the Regional Manager or his designee, who will then assign the complaint to the appropriate investigator using the NJ Emergency Medical Services Data Incident Report.

If assigned to a certified local health agency delegated by the NJDEP to perform the investigation pursuant to the County Environmental Health Act, the initial assignment will be made by telephone and will be confirmed in writing via fax using the NJEMS data system Incident Report.

2. Complaint Verification

The assigned investigator will call the complainant to obtain and verify pertinent information, which should include: whether the problem is currently occurring, the suspected source, other persons affected, and physical effect. Serious acute effects on health addressed by the complainant will be communicated to the Regional Emergency Response personnel or the NJDEP Action Hotline.

3. Review of the Alleged Source

If a complainant identifies a specific facility or source, the investigator will review the alleged violator’s file and proceed directly to the complainant’s location, recording their arrival in the process. The investigator will then try to verify the presence of air contaminants at the location and ask the complainant to complete the “Statement of Complaint” form, which is crucial to substantiate the case during the administrative hearing process.

Once the presence of air contaminants is verified, the investigators will conduct an upwind survey to increase the chance of tracing the contaminant to its source.

4.  Determining the Intensity of the Odor

When the complainant attests to the interference of odor in the Statement of Complaint, the NJDEP and the investigator will have to independently concur with the complainant that the odor indeed interfered with their enjoyment of life or property to cite a violation. Odor violations are designated as non-minor violations pursuant to the penalty schedule cited in N.J.A.C 7:27A-3.10.

To come to that judgment, the investigator will have to take into consideration all relevant factors, such as the odor’s character, severity, and duration of odor. Other factors such as time of the day, wind direction, speed, weather conditions, and the physical effect of the contaminant must also be recorded.

In complaints where the release of air contaminant is determined to be “injurious to human health or welfare, animal or plant life, or property,” the investigator must specify that the latter standard was violated. Details such as the exact nature of the damage, its extent, and the causal relationship, if known, between the air pollution and the damage, will be recorded in the report.

5. Visiting the Suspected Facility

Before the investigator enters the alleged source of the air contaminant, it will be verified first that the contaminant is not being emitted by another source upwind of the suspected facility. Upon showing proper identification, the investigator will then proceed to the facility and inspect the potential source.

The inspector will then perform an inspection with the representative of the facility to attempt to identify the source. Questions relevant to the operations of the facility will be asked and documented. Copies of written records or reports that refute that the facility violated the air pollution standard will also be requested and reviewed by the investigator.

An exit interview will also be conducted to provide the facility representative with the initial findings of the investigation, as well as the details of the specific violations that the facility has committed.

6. Production of Report

An investigation report will be produced, which will then be entered into the NJEMS and submitted to the Regional Manager or the designated supervisor of the investigator. It will include the following information:

• Communication Center Notification Report;
• Statement of Complaint(s) (if relevant to specific Subchapter 5 violation.)
• Full report delineating the investigation entered into the NJEMS data system.
• Maps, sketches, or aerial photos showing complainant location, source, streets, wind direction, verification route, etc.
• Odor Investigation Field Data Sheet including documentation of wind speed and direction(s).
• Photographs
• Other documentation supporting the violations.

 

NJDEP Permit Consultant – The Best Partner During NJDEP Investigation

As can be inferred from the process detailed above, an NJDEP investigation is a lengthy process that could implicate the owners if they are proven non-compliant with the air quality regulations and standards. By retaining the expertise of an NJDEP permit consultant, facility managers and owners will be assisted in developing proactive strategies that will make their air emissions and monitoring more compliant.

Professional engineers working as NJDEP permit consultants can offer their clients the latest knowledge and insights about the NJDEP regulatory process. They can also break down complex air emission issues into different actionable items and provide work plans and solutions to achieve their client’s goals, which could further be developed as the investigation progresses. Whether it is for the performance of a voluntary cleanup to make the property more efficient or for mitigating civil and legal liability resulting from NJDEP non-compliance, professional engineers can assist businesses in the Garden State from the permitting process all through regulatory investigations.

As professional engineers, the team at Lockatong Engineering routinely reviews the NDJEP and EPA regulations and any changes made to permit requirements so that the chances of our clients being subjected to investigations is lessened. During investigations, we can help provide in-depth analysis of the facility’s operations, identify what permits the business holds or requires, and provide complete, accurate answers to the Environmental Officer.

To learn more about our environmental services, visit  www.lockatong.com/environmental/njdep-and-epa-regulations.