52:27D-130.5b Rules, regulations; protection against mercury exposure.
2. a. The Commissioner of Health, in consultation with the Commissioner of Environmental Protection, shall adopt rules and regulations pursuant to the “Administrative Procedure Act,” P.L.1968, c.410 (C.52:14B-1 et seq.), including, but not limited to: (1) establishing indoor air quality standards for airborne mercury vapor, compliance procedures, and mitigation measures, consistent with any applicable federal and State indoor air quality standards; (2) developing procedures for the evaluation and assessment of flooring materials identified as known or potential sources of mercury exposure, including poured polyurethane flooring and other flooring types known to contain phenyl mercuric acetate installed in buildings or structures that are to be used for or currently are in use as a school, community center, or child care center, as defined in subsection g. of section 1 of this act for the presence of mercury and mercury-containing compounds; and (3) establishing and implementing an application process for the certification issued pursuant to subsection b. of this section. Every application for a certification shall be accompanied by a fee, established in accordance with a fee schedule adopted by the department, by rule or regulation, reflecting the costs of reviewing and processing the application. Fees collected pursuant to this subsection shall be deposited into a separate account, and shall be dedicated for use by the department solely for the purposes of administering and enforcing the provisions of this section and any rules or regulations adopted pursuant thereto. b. Upon a demonstration to the department by the applicant that the procedures established pursuant to subsection a. of this section have been followed and that the installed flooring material is mercury-free, the Department of Health shall issue a certification that the applicant is not required to remove the flooring material prior to the issuance of a construction permit. c. The Commissioner of Health shall review and, if necessary, revise the recommended standard of the maximum allowable amount of airborne mercury vapor concentration at least once every five years, or within 90 days of any update to federal air quality regulations regarding mercury exposure, whichever occurs sooner, to ensure consistency with current scientific research, public health recommendations, and federal and State regulatory updates. Any revisions shall be published in the New Jersey Register and incorporated into all applicable regulatory guidance issued by the Department of Health. L.2026, c.11, s.2.