RAP Update NJDEP and NJAPA to Discuss Draft Guidance on February 21

The New Jersey Department of Environmental Protection provided the NJAPA with a draft of proposed guidance for the use of RAP on October 24th. NJAPA staff and K&L Gates, the Association’s counsel, reviewed the proposed guidance and found it to be unacceptable, as it seeks to impose restrictions that were not intended by the law and, in many cases, are in direct conflict with the law. Much of the guidance is not backed by the science and is overly burdensome. Consequently, the NJAPA sent a letter to NJDEP outlining the objections to the guidance, indicating that further comments may be forthcoming, and requesting that the NJDEP and NJAPA continue to discuss this in meetings. Please contact the NJAPA staff if you have any questions.