On August 2, 2019, the New Jersey Department of Environmental Protection (NJDEP) clarified that the electronic Annual Emission Statement (AES) for subject facilities will henceforth be due May 15 rather than June 15 each year.
Facilities subject to N.J.A.C. 7:27-Subchaper 21 (AES) are required to submit a report of actual emissions from their facility's operations to the NJDEP annually. Facilities are required to use the Remote Access Data Information User System (RADIUS) to prepare the AES. For facilities using RADIUS (as is generally done by most facilities), there are two options to submit: 1. NJDEP online portal (most facilities use this option), or 2. Transfer the RADIUS file onto a Department-accessible electronic storage medium (such as CD or USB flash drive) and mail to the Department with a paper certification. There is a provision that allows facilities to make the submittal via paper in limited circumstances - see details further in this article.
For the past several years, the deadline for AES submission was May 15 if the submittal was made via mail (i.e., CD or USB flash drive and paper certification). The deadline was June 15 for submissions made using the NJDEP online portal. Most facilities in New Jersey submitted their AES using the NJDEP online portal and therefore, they had up until June 15 of each year to submit the AES for the previous calendar year. Starting 2020 (for Reporting Year 2019), facilities will be required to submit the AES by the regulatory deadline of May 15 whether using the NJDEP online portal or electronic storage medium option.
Given that the AES will be due one month in advance of the due date from the past several years, subject facilities would likely need to amend their existing timelines for data collection, emissions calculations, and RADIUS data entry. This might put more pressure on resources during an already busy reporting season of the year.
Note that the June 15 deadline was never codified in regulation, rather, it was an extension that the Department granted automatically, without the need for a written extension request. The current regulation, N.J.A.C. 7:27-21.4(b)(3), states May 15 as the deadline for submissions made via NJDEP online or Department-accessible storage medium. The original intent of this one-month extension was to allow additional time to resolve any bugs/issues in the online reporting system. Therefore, there is no regulatory change being made by the Department relative to the May 15 deadline - as the current regulations already contain this language.
The Department will only allow paper AES submittals in two special circumstances: 1. Need to claim confidentiality, or 2. Hardship grounds related to ability to prepare electronic RADIUS reports. A written request will need to be submitted to the Department in advance to obtain approval for paper submittals. The AES deadline for paper submittals, if approved, will be April 15.
Trinity assists numerous clients in New Jersey with AES reporting each year. If you have any questions on the AES deadlines or are looking for assistance in general, please feel free to contact us at (609) 318-5500 or via email.