Phone: 732-256-9646

Mon-Fri: 9:00am – 5:00pm

Fwd: Road Warrior: DEP Regs and Fed Impacts

June 6, 2024

Preview of DEP Changes

This week, NJGCA attended an environmental regulatory conference hosted by the New Jersey Business & Industry Association. The event was well attended and covered a number of notable topics.

We won't bore you with the nitty-gritty details. Two panels touched on New Jersey Department of Environmental Protection's (DEP) new proposed land use and site remediation regulations. We thought to briefly cover a few points to better inform you.

While the proposed regulations will still need to go through the ordinary comment period and administrative process, some industry professionals were particularly concerned about how these proposals might impact property owners.

For example, some of the items discussed regarding these proposed rules addressed: 
• How a particular property can be developed and used under new flood zone regulations. Under the proposed rules, any flood area not only has to account for historic flood maximums (think Hurricane Sandy levels), but also account for sea level increases due to global warming. These “inundation zones” will have curtailed use. And while many business advocates contend that sea levels will not rise anywhere near to the levels predicted by the state's assessment (a Rutgers study anticipates an increase of five feet by 2100), if the rules are implemented it will prohibit certain types of construction and service installations along the coastline, rivers, and other waterways, and make most new construction and meaningful changes to current property much more expensive, based on a projected flood risk 75 years in the future. This isn't just commercial property either, if you have a house down the Shore it will be affected as well. 

• Another proposal would revise the DEP's permitting process for Soil Remedial Action Permits (SRAPs) as overseen by a Licensed Site Remediation Professional (LSRP).  SRAPs are mandated when contaminated soil (at high levels of contamination) are left in place at a remediated site. The LSRP must obtain a DEP permit before a Response Action Outcome (RAO) is filed. To speed up this process, DEP has created a new application for specific SRAP submissions that meet a limited criteria. That submission (called the “LSRP Supplemental Certification for Initial Soil Remedial Action Permit Application”) is expected to expedite the process. In fact, one of the panelists (an assistant DEP commissioner) stated that the aim was to review and make a determination in under 30 days to get submissions answered and out quickly.

• And yet another panel discussion touched on the wide detection of PFAS (or “Per- and polyfluoroalkyl substances”); which are manufactured chemicals that are resistant to heat, oil, water, and grease. These chemicals are now in hundreds of everyday products, such as fabrics, paints, cleaning products, and more. These chemicals last for a very long time, have been found in drinking water, and are linked to certain cancers.

At first glance, these topics may seem dissimilar and have little impact on our members. Yet, if these rules are fully adopted, it does not take much imagination to dream up scenarios in which they will impact the small business community.

Yet, it is possible that the new flood zone rules could restrict the future use or possible expansion of your location, personal property, or a new land purchase. Perhaps the new permitting process could help (or hinder) a contamination remediation project at your shop. And any crackdown of PFAS standards could improve your local drinking water, while also potentially restricting some of the products or chemicals used at your shop.

Ultimately, the final outcomes of these rule implementations will take decades to play out. Policymakers may be entirely correct; or these constraints overreach and may harm property owners, residents, and the business community. Regardless, most New Jerseyans and small business owners are unaware that this process is unfolding, and they will have limited time to react. Are you paying attention? 

If you have any questions, please feel free to reach out to Nick at 

Federal Government Actions Affecting Autos

A few years ago, President Biden signed into law a bipartisan bill called the CHIPS and Science Act. It is a deliberate effort to provide incentives for more computer chips to be produced here in the US. In the aftermath of the COVID shutdowns, we all learned the hard way about supply chains and how small disruptions can reverberate and cause severe chaos in the economy as a whole. One of the industries most affected by those disruptions was the auto industry. As you've likely noticed, modern cars are full of chips, and the demand for many of these chips is driven not just by Ford and Toyota but also by Apple and Samsung. A new report now projects US chip-making capacity will triple in the next 8 years. This will not only support good US jobs but decrease the risk of lengthy delays in the sourcing of parts. You can read more HERE

Meanwhile, the Biden Administration also announced this month that it was keeping and in many cases expanding the tariffs imposed by the Trump Administration on some goods from China. This issue can be a little tricky in the automotive world. Auto parts are often targeted (directly or indirectly) for tariffs, and the cost of those tariffs is passed on in the wholesale cost of those parts, making repairs more expensive. Since 2019, Chinese auto parts have had a 25% tariff imposed on them. 

In this recent case, the Administration announced a huge 100% tariff on electric vehicles made in China. This follows news reports that the Chinese government has been subsidizing Chinese EV manufacturers to get their retail costs for a new car down to as little as $15,000. There has been a growing fear, especially with the subsidies being offered for EVs from the federal and many state governments, that an EV transition will allow Chinese manufacturers to start to dominate the US car market as the Japanese did decades ago. A Chinese manufactured EV could be significantly lower in quality than a US/Japanese/European car, but if it's less than half the price there are many consumers who would no doubt buy it. In addition to this big tariff on EVs, there will also be a 25% tariff on batteries designed for use in an EV. 

Rack Averages

Date Rack Avg Avg w Taxes Low Rack
05/30 240.15 $3.0085 230.66
05/31 241.97 $3.0267 233.47
06/03 235.22 $2.9592 224.94
06/04 236.45 $2.9715 227.05
06/05 236.39 $2.9709 226.44
Date Avg Retail Avg Margin Diesel Rack Avg
05/30 $3.52 0.46 246.35
05/31 $3.52 0.51 240.43
06/03 $3.51 0.48 232.01
06/04 $3.50 0.55 230.82
06/05 $3.50 0.52 232.69

News Worth Knowing:

Member Benefit Partner (MBP) Spotlight: OWL

OWL Services is the premier sales, installation, program management and service provider to retail, commercial, fleet, aviation and marine, and emergency power generation companies across the U.S.

With 33 offices and distribution centers and more than 1,400 field service professionals, OWL delivers on a service platform that includes construction, compliance and testing, maintenance and repair, modernization and re-imaging, and EV charging solutions to keep businesses and people moving 24 hours a day, 7 days a week, 365 days a year.

OWL Services’ companies have received numerous awards over the years for exemplary customer service. Most recently, it was the recipient of EVgo’s Deployment Excellence Award in its first-ever class of awardees in the National EV Charging Recognition Program.

Contact:  Garrett Brodie 610-276-5977 or Shawn Kerrigan 610-276-5967  

Available Real Estate

Cape Harbor Shell

**Price Reduction**

795 Route 109, Unit B, Lower Township, NJ, 08204

Contact: Jerry 609-425-8837 

Click HERE to view listing

Station for Sale

Thriving High Profit Gas/Service Station close to Major Highway in Prime Location. 

This Exclusive Gas Station is the Sole Provider in the entire town, achieving a remarkable fuel profit of up to and sometimes over 1$ a gallon. Consistently selling 45,000 gallons monthly. Most fuel customers come from Highway so fuel prices do not have to be competitive. 

Also included with the Property is a Reputable High End Auto Repair Facility. Repair shop has all required Specialty and Diagnostic Tools for servicing mostly High End Vehicles. Advertising is no longer used do to an enormous Demand and large Customer Base. Repair Business has has potential for increased profitability and expansion, the business is open to experienced buyers for a possible partnership or profit sharing arrangement. Location is 1 out of 100. Fuel sales make 20-40K a month and repairs can do the same with the right operator. 

This one of a kind opportunity can include seller financing for those with High-Level Automotive or Gas Station Experience.

Contact Greg

Our Road Warrior newsletter is brought to you by the following Member Benefit Partners:

New Jersey Gasoline-Convenience-Automotive Association
615 Hope Road, Bldg. 2, 1st Floor
Eatontown, NJ 07724


Phone: 732-256-9646

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