More rulemaking changes weighed in New Jersey

The Assembly Regulatory Oversight and Gaming Committee, which previously released bills that would impose new limits on use of regulatory guidance documents by the New Jersey Department of Environmental Protection (A2464) and restrict the adoption of rules that exceed federal standards (A2486), will take up additional rule-making legislation tomorrow in Trenton.
The panel will take testimony on three bills all sponsored by committee chairman John Burzichelli, a Democrat from Paulsboro.   
A2720  – Following a notice of proposal, if an executive branch agency determines it needs to make changes in a proposed rule which are “so substantial that the changes effectively destroy the value of the original notice,” the agency currently is required by law to start the rule-making over from the beginning by issuing a new notice of proposal. 
This bill would provide the ability for an agency to make substantial changes upon adoption through the issuance of a public notice and a 60 day public comment period, without starting the rule-making process over with a new notice of proposal.
A2721

This bill also amends current law concerning State agency rule-making by changing the chapter expiration dates of rules from five years to seven years, and establishing a new procedure for the re-adoption of rules without substantive changes.  

A2922 The state’s Administrative Procedure Act establishes procedures by which conflicts between proposed and existing rules and regulations of different agencies can be resolved.  
This bill expands these procedures to require that, prior to proposing a new rule or regulation, an agency must determine whether any other agency regulates the activity or has concurrent or conflicting jurisdiction over any aspect of the subject matter. 
Under the bill, if a conflict or concurrent jurisdiction is found, the agency considering the proposed rule must consult with the other agencies to determine each agency’s role in regulating the subject matter and shall also prevent the proposed rule from conflicting with or being inconsistent with any existing rules.   
If a conflict among agencies cannot be resolved, the agency considering the proposal would be required to advise the director of the Office of Administrative Law (OAL) as to the impasse, at which point the director would assign the matter to an administrative law judge for resolution of the conflict.
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Chamber exec gets new green jobs post at NJDEP

Michele Siekerka, who has served as Mercer County Regional Chamber of Commerce president and CEO for more than six years,will fill the newly created post of assistant commissioner for economic growth and green initiatives at the New Jersey Department of Environmental Protection.

DEP Commissioner Bob Martin told lawmakers during recent budget hearings that he was creating the position and was reviewing potential candidates for the job. This afternoon, a DEP news release confirmed the appointment.

Siekerka earlier this year served on Governor Chris Christie’s Red Tape Review group, which issued a report that called for  easing some regulatory mandates at the DEP and other state agencies.

“For me personally it is a culmination of things I have been working on over the course of the past year,” Siekerka said in a Trenton Times story today.

She cited the chamber’s Economic Development Foundation, which she helped create to look at issues that would encourage businesses to stay and grow in New Jersey, and a Ford Foundation-funded fellowship on regional sustainable development that she was selected for.

“Sustainability isn’t just the environment,” she said. “It’s environmental, economics and the quality of life.”

Before joining the chamber in 2004, Siekerka worked in the general counsel’s office at AAA Mid-Atlantic, and was a lawyer in private practice for 12 years in Robbinsville, NJ.  She also served as a member of the school board in Washington Township for 10 years.

The announcement was met with skepticism by one of the state’s most-quoted environmental activists, Jeff Tittel, executive director of the NJ Chapter of the Sierra Club. Tittel said he was concerned the position went against the DEP’s main mission of environmental protection.

He also said some of the chamber’s members during Siekerka’s term were subject to DEP regulation.

“This person has worked for the chamber, and is now going to be working for the DEP in a position affecting applications for permits,” he said. “Isn’t there a conflict of interest?”

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PSEG needs federal wetlands for new nuclear plant

To add a fourth nuclear plant to the three it already owns on Artificial Island in Salem County’s Lower Alloways Creek Township, PSEG (Public Service Enterprise Group) would purchase and fill 84 acres of wetlands from the federal government that the U.S. Army Corps of Engineers uses as a dredge disposal site.

The company discussed its 4,000-page application during a public meeting Monday with the Nuclear Regulatory Commission at the NRC headquarters in Rockville, Md. Information on PSEG’s application is available on the NRC’s website

The Atlantic City Press reports that the company applied in May for an early site permit, which is designed to resolve safety and environmental questions about the proposed location. The company has not chosen a reactor design and has not decided whether it actually will invest in a new nuclear plant. The NRC’s application review is expected to take three years.

According to the 136-page environmental report, PSEG also plans to build new 500-kilovolt transmission lines and a new causeway to the island, filling in 45 acres of wetlands and temporarily affecting 24 acres more.

The New Jersey chapter of the Sierra Club said it would oppose any plans by PSEG to fill in wetlands.

Related:
PSEG Nuclear advances steps to build fourth reactor 

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Solar & wind bills to get hearing in NJ Legislature

 


 

Two new bills designed to stimulate the installation of solar energy panels and the development of offshore wind energy farms will be considered on Monday by the New Jersey Senate Environment and Energy Committee. 

Introduced on May 27 by committee chairman Bob Smith, S2006 would limit the restrictions that a municipality could impose, through zoning ordinances, on the installation of residential energy panels.


The bill allows municipalities to limit the installation of solar panels on the roof of a residential building or structure only if the panels, and all accessory equipment


     – rise more than 12 inches above the roof surface, z

       or highest  point or
     -  extend more than 12 inches beyond the roof line."  
The measure allows the adoption of zoning laws for ground-based solar panels on a residential property only when

     -  the total number of solar panels is greater than 10 and
     -  the solar panels are located less than 50 feet from the nearest

         property boundary line.
The wind energy bill, S2036, dubbed the

Offshore Wind Economic Development Act, is a major piece of alternative energy legislation sponsored by New Jersey Senate President Steve Sweeney.

The 31-page bill directs the state Board of Public Utiliti

es to develop an offshore wind renewable energy certificate (“OREC”) program to require that a percentage of electricity sold in the State be from offshore wind energy.

This percentage would be developed to support at least 1,100 megawatts of generation from qualified offshore wind projects, and would serve as an offset to the renewable energy portfolio standard and reduce the corresponding Class I renewable energy requirement.


We’ll have more on both alternative-energy bills as they progress through the New Jersey Legislature.
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Fracking the Marcellus Shale: Disaster ahead?

Keith Srakocic/AP Photo

After a stray drill bit banged four natural gas wells in 2008, weird things started happening to people’s water in Dimock, PA.  Some flushed black, some orange, some turned bubbly. One well exploded, the result of methane migration, and residents say elevated metal and toluene levels have ruined twelve others. Then, in September 2009, about 8,000 gallons of hazardous drilling fluids spilled into nearby fields and creeks. The contamination and related health problems have prompted fifteen families to file suit against Cabot Oil and Gas, the primary leaseholder in the area, alleging fraud and contract violation and seeking to stop the damage from spreading.

Welcome to the natural gas gold rush in the Marcellus Shale region of Pennsylvania, and perhaps to a preview of what lies ahead in New York where state environmental regulators have been slower to open up the formation to the gas industry.

In The Next Drilling Disaster?, The Nation magazine takes a look at hydrofracking, the controversial process that requires “blasting millions of gallons of water, sand and toxic chemicals deep underground to create fissures that open the pores and free gas to rise to the surface.”

Escaping federal environmental regulation

Hydrofracking has enabled drilling in the Marcellus Shale formation to generate about 10 percent of US natural gas production, up from
1 percent in 2000. But it also is exempt from all significant national environmental laws, including the Clean Air Act, the Clean Water Act, the Superfund Act and the Resource Conservation and Recovery Act.

The most notable exemption, The Nation reports, was introduced by Vice President Dick Cheney as an amendment to the 2005 energy bill.

“The so-called Halliburton Loophole, named after Cheney’s former employer and the company that pioneered the fracking process in the 1940s, stripped the EPA’s authority to regulate hydrofracking through the Safe Water Drinking Act. Companies were essentially given free rein to drill however and wherever they see fit, and to use and dispose of proprietary fracking fluids without any disclosure or safety requirements. The only remaining shred of federal oversight was a voluntary agreement with the three largest companies not to use diesel fuel—which they proceeded to ignore.”

Natural gas as a ‘bridge fuel ‘

Hydrofracking is bolstered not only by a powerful lobby “but also by growing awareness of the threats posed by climate change and America’s dependence on foreign oil,” The Nation reports.

“In recent years, a broad coalition of energy analysts and government officials have embraced domestic natural gas as a promising “bridge fuel” that could help smooth the transition from more carbon-intensive fossil fuels like oil and coal to renewable energy sources like solar and wind.

Of course, all this valuable, national energy production comes with a catch, The Nation reminds us.

“The catch, though, is that the natural gas industry shares the same history as other energy industries operating in the United States. A string of recent disasters—including the TVA coal ash spill, the Massey coal mine explosion and the Deepwater Horizon oil spill—have demonstrated all too vividly that failure to regulate and oversee resource extraction can lead to catastrophe. Some fear that Dimock is the first natural gas casualty, an early warning of what could happen on a much larger scale if fracking spreads unchecked to other residential areas in the Marcellus region and across the country.”

A new push for regulation

Efforts are under way at the national level–and in New York and Pennsylvania–to draft regulations subjecting  hydrofracking to tighter controls. The gas industry is pumping barrels of money into campaigns designed to limit any new regulation. The outcome of this political war has major implications for the nation, the economy, the environment and future generations.

What do you think?

Should the federal government and/or the states play a more active role in regulating hydrofracking?  Or  are environmentalists exaggerating its potential consequences?  Use the comment box below to share your opinion. If one isn’t visible, click on the tiny ‘comments’ line.    

Related:
Out-of-control well spews–in Pennsylvania


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New Jersey fisherman hauls in a mustard-gas catch

In a bizarre incident that spotlights the vast amount of chemical weapons and munitions debris littering the ocean floor, a crewman aboard an Atlantic City, NJ clamming boat remained hospitalized yesterday for exposure to mustard gas after his vessel dredged up World War I-era munition shells, the Boston Globe reports.

Konstantin Burndshov sustained burns and blisters on an arm and leg and was sickened after handling a shell that had been hauled aboard the ESS Pursuit on Sunday in waters off Long Island, New York.

Burndshov, a New Jersey resident, remained hospitalized last night at UMass Memorial Medical Center in Worcester, but is expected to make a full recovery. Three other crew members suffered milder symptoms and were treated in New Bedford and released.

The boat’s owner told the Atlantic City Press that the crew has been working off New England recently on beds of ocean quahogs and bringing them to New Bedford, MA. He said it is an area they have worked before.

Massachusetts fishermen and even beachgoers occasionally come across unexploded ordnance on Cape Cod and Island beaches, or near shore areas, because those areas were once used as practice ranges by the military. There are also former dumping grounds off Massachusetts, including a region often called the Foul Area, which had been used to dump radioactive and toxic waste until the 1970s.

The Defense Department began using the ocean as a dumping ground for chemical and conventional munitions after World War II. The military says it stopped in 1970, and two years later Congress banned waste disposal in oceans, including chemical weapons.

Officials say it’s impossible to know exactly how much and what type of weapons have been dumped in the ocean because of incomplete records. A 2001 Army report found 74 past instances of ocean disposal — 32 off U.S. shores and 42 off foreign coasts.

For example, in 1967 the Army dumped 4,577 one-ton containers of a mustard agent and 7,380 sarin rockets off the New Jersey shore, according to Army records.

More than 1,100 World War I-era military munitions were pumped ashore during a multimillion-dollar beach-replenishment project in Surf City, NJ in May, 2007.  A year later, a rare May northeaster rocked the coast and deposited 13 more munitions on the city’s beaches.

Related:
Atlantic City clam boat dredges up mustard gas munitions in Massachusetts
Coast Guard searches for military shells
Chemical Weapon Munitions Dumped at Sea:An Interactive Map

Our most recent posts:
Out-of-control well spews–in Pennsylvania
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New rules will affect development in Pennsylvania
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