NJDEP Compliance Advisory Sunset Provision on Air Permitting Covid Extension





On April 27th 2020, the New Jersey Department of Environmental Protection (NJDEP) released a Compliance Advisory (#2020-09) to provide an extension to State only air permitting submittal requirements. This granted a 90-day extension for reporting requirements for EER - Excess Emissions and Monitoring Systems Performance Report / Excess Emission Report, ACA – Annual Combustion Adjustment, Semiannual Deviation Reports – Semi-annual Compliance Certification Report, RATA – Relative Accuracy Test Audits, and CGA – Cylinder Gas Audits. For reference, a link to this superseded advisory can be found here.


On February 3rd, the NJDEP released a follow up Compliance Advisory (#2021-02) that provides a "sunset date" for the extensions provided under #2020-09. The official sunset date is set as March 31, 2021.


This means, that effective April 1, 2021, regulated entities must comply with all requirements stipulated in their Air permit(s). On or after April 1, 2021, deadline extension requests must be made by contacting the appropriate Air Compliance & Enforcement Office as shown below. Failure to obtain a written approval letter from the DEP will result in an Enforcement action that may include penalty assessments.


A link to the full compliance advisory can be found here.