EVR Deadline Report: Resources and Some (Possibly Good) News
Undoubtedly you are tired of hearing us talk about the looming Enhanced Vapor Recovery (EVR) upgrade deadline.
After all, we’ve been beating this drum regularly for nearly two years. If it is any consolidation, it isn’t our favorite topic of discussion and acknowledge that we sound a bit like a broken record.
That said, and the upcoming deadline aside, part of the reason we’ve been harping on this with increasing urgency these past few months is because of the number of calls we are fielding on the subject. We are continually getting calls from members (and even non-members) on this.
Callers are seeking general information about the mandate, ask how to find a licensed contractor that will do the work on time, how to overcome waiting on supply or scheduling issues, what NJ Department of Environmental Protection’s (DEP) fines will look like if they do not get it done on time — and anything related that you could imagine.
All of which only underscores that there is not only a lot of pressure to get this done before the deadline, but that there are any number of station owners who simply did not appreciate how long it would take to line up a licensed contractor and get the job done before December 23, 2024.
Remember, getting a quote and signing a contract does not mean the work will be done immediately or completed on time. There are plenty of manhours and parts incorporated into this upgrade. Looking at materials alone, when demand for such items increases, parts may be unavailable and hard to come by – thereby delaying your progress and increasing the chance you’ll be penalized for non-compliance.
The above in mind, and it appears that many station owners will not meet the EVR mandated deadline, we did reach out to our contacts at DEP to inquire about how those station owners should handle such a reality.
1 – The Possibility of an Extension:
We have had numerous phone calls asking us to help members get an extension to complete the EVR work. This is simply not possible and DEP will not budge on the deadline.
To put this into perspective, DEP assures us that there will be no extensions granted to any station owner that does not complete the update on time. The reason? The mandate has been in effect since 2017, and small businesses have had seven years to comply with the law. DEP has disseminated bulletins on the EVR mandate, informed underground storage tank operators, and notified all UST contractors and installers of the mew requirement. At this point, everyone knows (or should have known). To grant any extension past the continuing seven-year window is, to state it simply, a non-starter.
2 – Contractor Information:
We’ve heard from some members questioning if a particular contractor they’ve been in touch with are “legitimate”, or merely a disingenuous outfit looking to make a quick buck. To help everyone verify who is “bona fide” from “bogus”, DEP has shared a list of licensed contractors that can legally do the work.
The key thing here is the contractor must be licensed to do installation work. There is also the possibility that some of the required work may entail vapor testing — which implicates the 14-day notice requirement to DEP before work/testing can be done (your contractor should know this, but we’re telling you here so you can make sure they’re on point).
You can access the list on the DEP website by CLICKING HERE
Once on the page, scroll down to the “UNDERGROUND STORAGE TANKS” heading, then underneath you will find the appropriate links on the page.
In this section you will find the same contractor list presented two different ways.
The link labeled “DEP Certified UST Firms” has contractors listed in alphabetical order. The other list is labeled “DEP Certified UST Firms by County” and lists the contractors in the county they are based out of. The latter should help you gauge how close a company’s base of operations are geographically to your location.
In selecting a contractor, you should know that you are free to hire a company based outside of New Jersey. That is, we’ve heard from some members who eliminated out-of-state contractors from their list of possibilities, simply because they are not Jersey-based. That alone should not be a deciding factor. As long as the contractor has a license to do work in New Jersey, you are free to hire them without reservation.
3 – Work Scheduled Post-Deadline & Administrative Consent Orders:
In addition to the concerns and questions outlined above, we have also fielded numerous calls from members asking questions such as:
Will I get fined if I have a contract signed to do the upgrade work, but the work will not be completed until after the December 23, 2024 deadline?
Should I tell DEP what is going on? Or just stay silent, and get the work done ASAP when the contractor can complete the work?
First, there is an ongoing sense among station owners that, if you have a signed contract before the deadline, you won’t be fined or face a violation. This is incorrect, though there is a ribbon of “truth” to the idea.
Rather, if you have a contractor that can do the work, but cannot do so before the deadline, the alternative solution to avoid excessive fines will be to preemptively ask DEP to agree to an Administrative Consent Order (ACO) for violating the deadline on December 23, 2024. That means talking it through with DEP before the deadline, or all bets are off. While we always suggest you speak with legal counsel and your environmental consultants beforehand, the rationale behind this stems from your willingness to step forward and be transparent with DEP before they catch you having done something wrong.
In addition, entering into an ACO will reduce the possibility of burdensome fines. If your station does not have the upgrade mandate completed by the deadline, you will likely face monetary penalties of $600 per day, per device for a first-time offense. That means, once each device is tallied, you could face thousands of dollars in fines per day.
In contacting DEP and agreeing to an ACO, you will likely be assessed a static fine for your violation, rather than one that accrues per day, per device if you are caught. This could mean considerable monetary savings and a predictable financial obligation.
We cannot guess what a particular ACO might look like, as every situation is different. However, the example we were given was that, if a station owner had a contract to complete the work in January, DEP would impose a $600 fine for the entire month of January; rather than $600 per device, per day.
If an owner needs an ACO, the penalty assessed will depend on if the technical work being done; and if there are any other existing outstanding compliance issues or penalties against the station owner.
If you wish to speak with a DEP official about the possibility of an ACO for exceeding the December 23, 2024 deadline, here is some useful contact information:
Kevin Marlowe
Responsible for the Northern Region (Bergen, Essex, Hudson, Hunterdon, Morris, Passaic, Sussex, Warren)
Email: Kevin.Marlowe@dep.nj.gov
Phone: (609) 439-9589
Kristy LeNoir
Responsible for the Southern Region (Atlantic, Burlington, Camden, Cape May, Cumberland, Gloucester, Middlesex, Mercer, Monmouth, Ocean, Salem, Somerset, Union)
Email: Kristina.LeNoir@dep.nj.gov
Phone: (609) 221-3306
Jenna DiNuzzo
Responsible for any station owner/operator that has multiple stations
Email: Jenna.DiNuzzo@dep.nj.gov
Phone: (609) 672-1309
It should be noted that entering into an ACO for not completing the mandated upgrades by December 23, 2024 is not the equivalent of an extension. If you go this route, you are still technically in violation. However, you can avoid excessive fines and limit your liability if you are transparent with DEP before the deadline arrives.
There is now less than three months to go, and we are hearing how difficult it has been to have the work done on time.
The above gives any station owner who will not make the deadline a potential path to “stay in compliance” while avoiding excessive fees and penalties.
If you are in this situation, please speak with your environmental consultant and legal counsel about whether an ACO is the right solution for you.
If your contractor or compliance company has any questions, PLEASE CLICK HERE to review the official DEP Compliance Advisory on the EVR mandate.
Contact Nick@njgca.org 732-256-9646 for questions
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