Air pollution control law in New Jersey

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.

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.

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 commission was given the authority to adopt rules and regulations controlling air pollution in the state.

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).

The law delegates to the NJDEP the authority to determine what qualifies as a "significant" source of air pollution.

[11] The permitting requirements apply to major sources of air pollution, such as power plants and oil refineries, but also to small facilities like universities and sewage substations.

[12] The provisions covering stationary sources of air pollution occupy sections 26:2C-9 through 26:2C-25.2 of New Jersey's statutes.

Later supplements to the Global Warming Response Act have involved incentivizing the use of electric vehicles and the prohibiting the sale of products that use hydrofluorocarbons.

1990 amendments expanded and strengthened the regulations of the Clean Air Act, as well as introducing the operating permit requirement for major stationary sources.

The NJDEP adopts rules and regulations to implement New Jersey's air pollution laws.

The NJDEP's air pollution control rules occupy Title 7, Chapter 27 of the New Jersey Administrative Code, N.J.A.C.