Description:
Learn the potential of what A-901 means to you, the Phase-In-Period of the Groundwater Quality Standards and its impact on Remediation Standards as well as any new changes anticipated as we enter 40 days until election.
Speaker:
Anthony Russo, President of CIANJ
Moderator:
Phillip Brilliant, CHMM, LSRP, Founder of Brilliant Environmental Services, LLC
Navigating 2025: Regulatory and Business Insights from CIANJ President Tony Russo
A CPES Hot Topic Recap
In a recent Hot Topic session hosted by Continuing Professional Education Services, Inc. (CPES), environmental and business professionals across New Jersey gathered virtually to hear timely insights from Tony Russo, President of the Commerce and Industry Association of New Jersey (CIANJ) and publisher of Commerce Magazine. Moderated by Phil Brilliant, Dr. George Berkowitz, and Julianne Mosolgo, the conversation explored major policy shifts, regulatory developments, economic uncertainties, and the road ahead for the business and environmental sectors in New Jersey.
The Expanding Impact of the Dirty Dirt Law: A901 Rules
Background and Concerns
Originally enacted to combat organized crime in the waste sector, New Jersey’s A901 program is now being applied to companies that handle contaminated soil. With recent rule proposals expanding definitions of who qualifies as a “broker” or “consultant,” concerns have grown over potential unintended consequences for landscapers, developers, consultants, and even attorneys.
While Licensed Site Remediation Professionals (LSRPs) are explicitly exempted in statute and rule, many in the environmental and construction industries may now be subject to the same intensive licensing process as solid waste haulers—a process that can take two years and requires a lookback on criminal, civil, and financial histories for individuals and their extended families.
Legislative Fix in Progress
CIANJ, along with other trade groups, submitted formal comments during the rulemaking process and is actively working with Senator Bob Smith on a legislative solution. The proposed fix would:
- Limit licensing to companies handling 200 cubic yards or more of restricted-use soil
- Narrow the definition of a broker or consultant to reflect original legislative intent
- Protect professionals offering advisory services from burdensome regulatory overreach
Commissioner Shawn LaTourette has acknowledged the need for dialogue, and the Legislature could act before the end of June. Russo emphasized, however, that time is of the essence—if the rule is finalized before a legislative remedy is passed, thousands of businesses could be caught in costly, unnecessary licensing requirements.
New Groundwater Quality Standards and the August 3 Deadline
New groundwater quality standards, adopted in early 2025, revised 64 out of 73 regulated substances. For environmental professionals, this has triggered a review of existing sites and remediation plans—especially for compounds like vinyl chloride, which saw changes exceeding an order of magnitude.
Under current NJDEP guidance:
- To preserve the prior standard, LSRPs must submit either a certified Remedial Action Work Plan (RAWP) or a Remedial Action Report (RAR) by August 3, 2025.
- Failure to do so will result in evaluations and closures based on the stricter new standards, potentially reopening decades-old remediation sites.
Russo noted that the long-term implications are still unfolding but warned that delays in site closure, cost escalations, and development project setbacks are likely if professionals don’t act within the phase-in window.
ARC Rules and the Changing Definition of “Responsible Party”
The proposed revisions to Administrative Requirements for the Remediation of Contaminated Sites (ARRCS)—sometimes referred to as “ARC 2.0” rules—could expand reporting obligations to any individual with knowledge of contamination, not just responsible parties or LSRPs.
This proposal has raised alarms about due diligence and the feasibility of redevelopment, particularly in urban and post-industrial areas. Stakeholders fear it could create a chilling effect on property transfers, municipal land sales, and brownfield investments if the mere discovery of contamination requires immediate hotline reporting.
Stakeholder comments submitted earlier in the year are still under review. Russo advised professionals to remain engaged with NJDEP and their legislators to prevent unintentional barriers to remediation and redevelopment.
The REAL Rule: Coastal Development and Flood Hazard Revisions
Another proposed rule under scrutiny is NJDEP’s Resilient Environments and Landscapes (REAL) regulation, which would significantly revise flood hazard area and coastal zone development standards. Russo noted bipartisan concern over the rule’s potential impact on development in places like Jersey City, Hoboken, and New Jersey’s shore towns.
With the rule already through public comment, its fate now lies with NJDEP and the outgoing administration. Industry groups have pushed for clarity and collaboration before any final adoption.
State Budget, EPA Funding, and Potential Cuts
Russo provided insight into New Jersey’s pending $58 billion state budget, which includes a proposed decrease in funding for the NJDEP. With approximately 10% of the department’s staff federally funded, potential rollbacks at the EPA—including those affecting Superfund oversight—could have disproportionate impacts on programs like air toxics, hazardous waste, and water quality enforcement.
If federal dollars are clawed back, the state may need to increase fees or shift priorities to maintain essential services. Environmental professionals and regulated parties are advised to monitor budget developments closely in the coming months.
Regulatory Uncertainty and the 2025 Elections
With both the Governor’s office and entire State Assembly up for election, the future of environmental policy in New Jersey is far from settled. Russo emphasized that new leadership—regardless of party—will have significant influence over which rules move forward, are revised, or are rolled back.
A change in administration may present opportunities to revisit contentious issues like the A901 soil licensing rule, PFAS monitoring obligations, or realignment of remediation priorities.
Voter education and participation will be key, especially under New Jersey’s revised ballot design, which eliminates traditional party “lines” and may confuse voters used to the old format.
Upcoming Forums and Opportunities
CIANJ is hosting several timely forums to continue these important discussions, including:
- Revitalizing Vacant Properties Forum – June 18, 2025 at the APA Hotel in Iselin
- Environmental Update with EPA Region 2 Administrator – May 7, 2025
Visit www.cianj.org for more information or to register for upcoming events.
CPES is proud to host leaders like Tony Russo who bring practical, policy-level insight to New Jersey’s regulated professionals. Stay connected with CPES to remain informed, proactive, and prepared for the changes ahead.