New Jersey Air Pollution Control Law consists of legislative and regulatory measures intended to limit the amount of harmful substances found in the air. In New Jersey, the federal Clean Air Act and the state Air Pollution Control Act (1954) are the most significant pieces of air pollution control legislation. These laws are implemented and enforced by the New Jersey Department of Environmental Protection (NJDEP).
Air Pollution Control Act (1954)
Background
In the 1940s and 1950s, the industrialization associated with World War II caused an increase in air pollution emissions throughout the United States, and various governmental officials and engineers began to recognize that emissions were becoming a public health problem. In addition, the public's interest was spurred by the 1948 Donora smog, which killed 20 people in Pennsylvania. This led to the first National Air Pollution Symposium in 1949 at the Stanford Research Institute, and, in 1950, to the first United States Technical Conference on Air Pollution, which was convened by President Harry Truman.
New Jersey followed the national trend, and, in 1950, the state established its own study commission to examine the issue of air pollution and to make legislative recommendations. The commission issued its report in 1952. In it, the authors urge for a state-wide approach to the issue of air pollution, which had hitherto been regulated only by local ordinances. Discussing a survey that faculty members of Rutgers University had distributed to local boards of health at the request of the commission, the report states:Seventy-two replies, an overwhelming majority of the 95 reporting complaints, expressed the opinion that any contemplated legislation should be enacted on the State level, since local officials seem to be powerless or unwilling to take proper action. In some instances, this is probably due to the fact that sufficient evidence about the pollutant or against the perpetrator could not be obtained, while in other cases, probably the local officials did not care to jeopardize their positions in the community by taking action."Report to the New Jersey Legislature on Air Pollution in New Jersey and Recommendations for its Abatement" New Jersey Air Pollution Study Commission (1952) p.24The state Legislature was further roused to action by a so-called "smog week" during November 17–22, 1953. During the incident, meteorological conditions trapped air pollutants all across the eastern seaboard, and many New Jerseyans particularly in Elizabeth and Linden, suffered eye and throat irritation due to increased levels of sulfur dioxide and aldehydes. The incident was serious enough to be investigated by the state Department of Health. In addition, a later study conducted by the New York City Department of Air Pollution Control demonstrated a significant increase in mortality in New York City during the incident.
Enactment In 1954, the state Legislature passed the Air Pollution Control Act, which became the third statewide air pollution control law in the United States, following measures passed in Oregon and Massachusetts.Moran, Gerard R. "Air Pollution Control Act and Its Administration." Rutgers Law Review, vol. 9, no. 4, Summer 1955, p. 640-681. The original version of the law was fairly modest in scope, however. It established a commission, known as the Air Pollution Control Commission, composed of a combination of government officials and members of the public. The commission was given the authority to adopt rules and regulations controlling air pollution in the state. The law also authorized the creation of county air pollution control boards, which were to be given the authority to adopt stricter air pollution regulations on a countywide basis, provided that the state commission approved. Finally, the law gave the state Department of Health the authority to seek injunctions against polluters that violated the law's provisions and to seek monetary penalties of $100 per week (roughly equal to $1,000 in 2020 dollars). Nevertheless, even contemporary commentators recognized that the law was significant because it shifted air pollution regulation away from nuisance common law, in which persons had to be directly harmed by pollution in order to seek compensation, into administrative law, in which the government would use executive agencies to directly regulate the sources of pollution.
The Air Pollution Control Commission promulgated its first set of rules and regulations, known as the New Jersey Air Pollution Control Code in 1956. The substance of the code was fairly minimal, dealing mostly with the open burning of trash at landfills."A Progress Report of the New Jersey Air Pollution Control Commission: Including a Report of the Department of Health, Air Sanitation Program for the Period July 1, 1956 to October 31, 1957" New Jersey Air Pollution Control Commission (1958) p.22 Subsequent regulations, adopted in 1958, were more ambitious. One prohibited the operation of any fuel-burning equipment that emitted smoke "the shade or appearance of which is darker than No.2 of the Ringelmann Smoke Chart," and another limited the emissions of ash from the combustion of coal or wood burning equipment, using various limits (measured in pounds emitted per hour) depending on the size of the equipment."A Progress Report of the New Jersey Air Pollution Control Commission: Including a Report of the Department of Health, Air Sanitation Program for the Period July 1, 1956 to October 31, 1957" New Jersey Air Pollution Control Commission (1958) p.25-27 These latter regulations thus begin to resemble modern air pollution control regulations. Supplements and amendments The following table summarizes the various amendments and supplements to the Air Pollution Control Act (1954) by the New Jersey Legislature (as of September 2020). + Amendments and Supplements to the Air Pollution Control Act (1954)Pamphlet lawSynopsisP.L.1962, c.215Authorizes Department of Health to issue cease and desist orders, increases penalties for violating act.P.L.1966, c.16Authorizes Air Pollution Control Commission to regulate exhaust from automobiles; implements federal National Emissions Standards Act.P.L.1967, c.105Makes changes to penalty provisions.P.L.1967, c.106Abolishes Air Pollution Control Commission and transfers powers to Department of Health; establishes advisory Clean Air Council; establishes pre-construction permit program.P.L.1967, c.108"Air Pollution Emergency Control Act (1967)" - authorizes Governor to regulate pollution during emergency events.P.L.1970, c.33"Department of Environmental Protection Act of 1970" - transfers administration and enforcement of act to DEP.P.L.1970, c.274Makes changes to Clean Air Scholarship Intern Program.P.L.1971, c.155Authorizes DEP to charge fees for pre-construction permits.P.L.1973, c.102Adds Commissioner of Health to Clean Air Council.P.L.1985, c.12Makes changes to penalty provisions.P.L.1985, c.430Alters membership of Clean Air Council.P.L.1989, c.333Makes knowing or reckless violations of the act a criminal offense.P.L.1993, c.69Authorizes DEP to adopt low-emission vehicle standards similar to those in California.P.L.1993, c.89Provides affirmative defense to certain air pollution control violations due to malfunctions.P.L.1993, c.257Removes provision making registration information of air polluters privileged and inadmissible in courts.P.L.1994, c.101Allows certain applicants to install and operate air pollution control equipment during permit review process.P.L.1995, c.112"Federal Clean Air Mandate Compliance Act" - implements enhanced motor vehicle inspection and maintenance program in response to the requirements of the federal Clean
Air Act Amendments of 1990.P.L.1995, c.157Establishes programs for the regulation of exhaust emissions from heavy duty-diesel trucks and certain other diesel-powered motor vehicles.P.L.1995, c.188Reforms pre-construction permitting program; establishes operating permit program; establishes small business compliance assistance program; establishes emissions trading and banking program.P.L.1999, c.100Prohibits DEP from regulating emissions from hospital disinfectants if regulation diminishes efficacy of disinfectant.P.L.2002, c.34Makes changes to fees associated with act.P.L.2003, c.266Requires DEP to implement California Low Emission Vehicle program beginning on January 1, 2009 under certain circumstances; establishes review commission; establishes incentive for purchase or lease of zero emission vehicle.P.L.2005, c.192Prohibits the sale of gasoline containing MTBE.P.L.2005, c.219Establishes requirements for reducing fine particle diesel emissions from certain vehicles and equipment; creates fund for financing costs associated therewith; increases penalties for idling and authorizes DEP to establish additional restrictions on school bus idling.P.L.2006, c.94Extends date for certain submittals required pursuant to diesel emissions law; authorizes DEP to disapprove cost estimates for retrofit technology under certain conditions; modifies requirement to sell, distribute, and use ultra low sulfur diesel fuel.P.L.2007, c.112"Global Warming Response Act" - establishes goals for greenhouse gas emissions.P.L.2007, c.340Authorizes auction of greenhouse gas allowances; establishes "Global Warming Solutions Fund."P.L.2010, c.57The "Offshore Wind Economic Development Act" - authorizes funds from "Global Warming Solutions Fund" to be used for offshore wind development.P.L.2015, c.43Prohibits retrofitting diesel-powered vehicles to increase particulate emissions for the purpose of "coal rolling"; prohibits the practice of "coal rolling".P.L.2017, c.386Extends warranty for partial zero emission vehicles.P.L.2018, c.3Requires NJ to join U.S. Climate Alliance to uphold Paris Climate Accord.P.L.2019, c.197Establishes new timeframes for implementation of, and revises, certain requirements in "Global Warming Response Act."P.L.2019, c.319Requires State to use 20-year time horizon and most recent Intergovernmental Panel on Climate Change Assessment Report when calculating global warming potential to measure global warming impact of greenhouse gases.P.L.2019, c.328Clarifies intent of P.L.2007, c.340 regarding NJ's required participation in Regional Greenhouse Gas Initiative.P.L.2019, c.362Authorizes funds from the "Global Warming Solutions Fund" to be used for initiatives to increase use of plug-in electric vehicles.P.L.2019, c.507Prohibits sale, lease, rent or installation of certain equipment or products containing hydrofluorocarbons or other greenhouse gases.P.L.2020, c.38Establishes NJ Fuel Cell Task Force to increase use of fuel cells in State.
Current law The Air Pollution Control Act (1954) occupies sections 26:2C-1 through 26:2C-68 of New Jersey's statutes. The law has three main effects. First, it requires New Jerseyans to register their motor vehicles and to get their vehicles periodically inspected to make sure the vehicles have pollution mitigating devices such as catalytic converters and that their emissions meet certain standards. The law also imposes additional requirements on owners of large diesel-powered vehicles like busses and off-road diesel-powered equipment like excavators. The provisions concerning motor vehicles occupy sections 26:2C-8.1 through 26:2C-8.57 of New Jersey's statutes.