The New Jersey Department of Environmental Protection (NJDEP) held its quarterly Industrial Stakeholders Group (ISG) meeting on October 2, 2026. The following topics were discussed:
- Technical Manual 1005 Update
- Responsible Official Updates
- Annual Emission Fee FY 2027 – CPI Increase
- Permit Backlog & Environmental Justice Status Update
- Periodic Testing of Engines for Quarters of Non-Operation
- Mandatory Use of Application Checklist & Modeling Template
Technical Manual 1005 Update
NJDEP’s Emission Measurement Section (EMS) has finalized its revision of Technical Manual 1005 (TM 1005), effective June 15, 2026. TM 1005 provides guidelines for Continuous Emissions Monitoring Systems (CEMS), Continuous Opacity Monitoring Systems (COMS), Periodic Monitoring Procedures (PMPs), and Annual Combustion Adjustments (ACAs).
Key changes include:
- Acceptance of a 0.5 ppm absolute difference for relative accuracy (RA) tests that result in a value below 0.5 ppm
- CEMS with mass-based limits that use flow monitors or F-factors to calculate lb/hr must now conduct Performance Specification Tests (PSTs) and Relative Accuracy Test Audits (RATAs) using EPA Methods 1–4 for reference method lb/hr calculations, where possible.
- The reference to municipal waste combustors and the associated PS 4A policy was removed
- The high-level calibration standard changed from 80–90% to 50–90% of the operating range, consistent with PS 2.
Facilities must now maintain a single, combined QA/QC and Preventive Maintenance (PM) Plan. The plan must be kept on site, reviewed annually, and designate a QA/QC coordinator. NJDEP noted that equipment failures resulting from not having or not following the plan could have enforcement implications.
Additionally, Appendix A (CEMS/COMS Protocol Guidelines) was modified, and five new appendices were added covering QA requirements for non-operating quarters (Appendix F), multi-hour or block average emission limits (Appendix G), averaging CEMS data (Appendix H), NMHC CEMS certification requirements (Appendix I), and the October 2022 Periodic Emission Monitoring (PEM) downtime memo (Appendix J).
Responsible Official Updates
While no changes have been made to the responsible official updating process, NJDEP highlighted the process for changing a facility’s Responsible Official (RO). The facility must first submit a Radius Certification Authorization Form (RCAF), which may also require a Delegation of Authority Certification, followed by an Administrative Amendment to the Title V permit or a Non-Technical Amendment for Minor Facility permits. Submitting an RCAF form alone is not sufficient to change the facility contact information.
Annual Emission Fee FY 2027 – CPI Increase
The FY 2027 annual emission fee for major facilities will be $161.93 per ton of emissions, an increase of $5.14 (3.28%) from FY 2026. The fee is calculated each year by applying a Consumer Price Index (CPI) adjustment to the 1989 base amount of $60.00 per ton, per N.J.A.C. 7:27-22.31(i). Publication is expected in the November 2, 2026 New Jersey Register. Invoices will be mailed to major facilities by the end of 2026, and payment is due to NJDEP by January 31, 2027. Facilities should plan for this increase when budgeting for 2027.
Permit & Environmental Justice Status Update
NJDEP reported continued progress on its permit backlog, with a 26% reduction in pending Title V Operating Permits and a 17% reduction in pending Preconstruction Permits (PCPs). NJDEP expects backlog reductions to follow as the workload lessens. However, deficiency notices continue to outnumber final permit decisions, and NJDEP stated that some applications are grossly deficient. Many permit writers are new and still in training, and Environmental Justice (EJ) reviews and complex permits continue to take significant time. Going forward, NJDEP will deny applications that are grossly incomplete or whose applicants are non-responsive to deficiency notices. Submitting a complete application up front remains the best way to expedite review.
Regarding EJ, 44 Environmental Justice Impact Statements (EJIS) have been required since the EJ rules took effect. Nine have been completed with an EJIS decision, and 14 EJ processes were terminated, most often because the underlying permit was withdrawn. The remaining 21 are in process: nine have held or scheduled a public hearing, ten are still awaiting an initial EJIS submittal (the oldest request dates to January 17, 2024), and two EJISs have been submitted but are not yet approvable.
Periodic Testing of Engines for Quarters of Non-Operation
For engines subject to periodic testing that do not operate during a quarter, facilities may report “DNO” (did not operate) for that quarter, consistent with the guidance in Technical Manual 1005. This language is included in newer permits. Facilities whose permits do not include it may submit a permit modification to add it.
Mandatory Use of Application Checklist & Modeling Template
Use of NJDEP’s application checklist for both minor facilities and major facilities as well as the modeling narrative and inputs template will become mandatory beginning October 16, 2026. NJDEP is also considering requiring facilities that make major changes to an application already under review to withdraw it and submit a new application, which would carry an additional fee.
General Discussion
NJDEP stated that there are no PFAS requirements for air permitting on the horizon at this time, but the Department is interested in the topic and may begin stakeholder discussions within the next year or two.
NJDEP is also developing a new format for the quarterly Excess Emissions and Monitor Performance Report (EEMPR). Nothing has been published yet.
Please reach out to our Princeton Office at 609.318.5500 should you want to discuss any of the information contained in this summary.
