USA – NEW JERSEY Law and Practice Contributed by: Nicole Dory, Christina Sartorio Ku, Meredith Rubin and Camryn Goldstein, Connell Foley LLP
in fall of 2025, but the NJDEP published a Notice of Substantial Rule Change in July of 2025, making cer- tain changes to the proposed rules. Because of this amendment, the REAL rules are now anticipated to be adopted by January of 2026. However, even after they are adopted, NJDEP has expanded existing legacy provisions to allow applicants to continue to rely on the current regulations and requirements provided complete applications are submitted by July 2026. As to air quality and emissions, since 2020, New Jer- sey has adopted various regulations to control and reduce greenhouse gas emissions, including: • Greenhouse Gas Monitoring and Reporting Rule (GHGMR); • Advanced Clean Truck (ACT) Program and Fleet Reporting Requirements; • Mobile Cargo Handling Equipment at Ports and Intermodal Rail Yards; • Control and Prohibition of Carbon Dioxide Emis- sions from Stationary Sources; and • Model Year 2027 or Later Heavy-Duty New Engine and Vehicle Standards and Requirements, and Die- sel Vehicle Inspection Tests and Procedures. 13.2 Targets to Reduce Greenhouse Gas Emissions New Jersey is committed to achieving 100% clean energy by 2035: one of the country’s most ambitious clean energy goals. New Jersey is also one of ten states in the country with an energy storage target (2,000 MW by 2030). In order to meet these targets, New Jersey has adopt- ed a number of recent regulations to control green- house gas emissions. For example, pursuant to the Advanced Clean Truck Program, modelled after the similar California regula- tions, manufacturers are required to sell zero-emission trucks as an increasing percentage of their annual sale from 2025–2035. The rule also includes a reporting requirement on shipment and shuttle services as well as their existing fleet operations. In addition, the GHGMR requires sources of methane with a potential to emit 100 tons or more annually to
report their emissions to the state. Additional methane reporting requirements have also been adopted for gas public utilities and users of halogenated gases. Other adopted regulations have set carbon dioxide emission limits for new fossil fuel-powered electric generating units, established a three-tiered emission limit for existing electric-generating units, banned the combustion of No 4 and No 6 heavy fuel oils, and established performance standards for mobile cargo handling equipment at ports and intermodal rail yards. 14. Asbestos and Polychlorinated Biphenyls (PCBs) 14.1 Key Policies, Principles and Laws Relating to Asbestos and PCBs In addition to the federal National Emission Standards for Hazardous Air Pollutants and other federal asbes- tos statutes and regulations, asbestos is governed by multiple state agencies and regulations. The rules are intended to mitigate health issues associated with exposure to asbestos. The NJDEP governs the transportation and disposal of materials containing asbestos. The Uniform Con- struction Code also contains regulations governing asbestos hazard abatement. Additionally, the Asbes- tos Control and Licensing Act (ACLA) and its regu- lations require that asbestos workers participate in a training course, mandate licensing for asbestos abatement contractors, and provide for permits for asbestos workers. These regulations were adopted and are overseen by the Departments of Health and Labor. Lastly, the New Jersey Department of Com- munity Affairs regulates asbestos abatement in public buildings such as schools. PCBs were used in industrial materials such as elec- trical equipment, paint and dyes until their manufac- turing was banned in 1979. The United States EPA Region 2 implements federal standards for the use, cleanup and disposal of PCBs under the Toxic Sub- stances Control Act. The New Jersey Spill Compen- sation and Control Act (Spill Act) also governs PCB cleanups, so responsible parties must comply with both federal and state standards.
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