Environmental Regulation
Division of Air Quality

Notice of Rule Proposal
N.J.A.C. 7:27-4, Control and Prohibition of Particles from Combustion of Fuel
N.J.A.C. 7:27-10, Sulfur in Solid Fuels
N.J.A.C. 7:27-16, Control and Prohibition of Air Pollution by Volatile Organic Compounds
N.J.A.C. 7:27-19, Control and Prohibition of Air Pollution from Oxides of Nitrogen
N.J.A.C. 7:27-21, Emission Statements
N.J.A.C. 7:27A-3.10, Air Administrative Procedures and Penalties

Public Notice
Take notice that the NJ Department of Environmental Protection is proposing new rules and amendments of its rules at N.J.A.C. 7:27-4, 10, 16, 19, 21, and N.J.A.C. 7:27A-3.10.  This proposed rulemaking also constitutes a revision to the State Implementation Plan (SIP).  A statement of the substance of the proposal follows:

On October 29, 2007, the Department approved the final revisions to its State Implementation Plan (SIP) to address Reasonably Achievable Control Technology (RACT) and other requirements to attain the Federal 1997 8-hour NAAQS for ozone.  The Department committed to adopt ozone rules, subject to public comment.  The October 2007 final SIP revisions included a commitment to propose rules regulating certain source-specific categories with the greatest potential of reducing emissions of oxides of nitrogen (NOx) and volatile organic compounds (VOCs), both precursors to the formation of ozone.  Some of the Department’s existing rules are over a decade old and do not reflect advancements in technology that are currently reasonably available.

This rule action will implement the above SIP commitment in the following 13 source categories: alternative and facility-specific NOx emission rates; alternative VOC emission limits; asphalt used for paving; asphalt pavement production plants; control technique guidelines for flat wood paneling coatings, flexible packaging printing materials, and offset lithographic printing and letterpress printing; electric generating units; glass manufacturing furnaces; high electric demand day units; industrial/commercial/institutional boilers and other indirect heat exchangers; municipal solid waste incinerators; and VOC stationary storage tanks.

The Department is proposing most of these new rules and amendments to reduce volatile organic compound (VOC) and oxides of nitrogen (NOx) emissions, which are precursors to ozone.  Ozone occurs naturally in the upper regions of the atmosphere (stratosphere) and is critical to shielding the Earth from the Sun’s harmful ultraviolet radiation.  However, in the lower atmosphere (troposphere), where the air we breathe lies, ozone is a harmful air pollutant formed by complex chemical reactions involving VOCs and NOx in the presence of sunlight.  The proposed rules will directly reduce NOx and VOC emissions.  Sulfur dioxide (SO2) emissions will be reduced for one source category that contributes to fine particulate pollution and haze.

The proposal is scheduled to be published in the New Jersey Register dated August 4, 2008.  An unofficial copy of the proposal(PDF) is available from the Department’s website or by contacting Liz Matejik, Air Quality Permitting, at Liz.Matejik@dep.state.nj.us.  Unofficial copies are also available at public libraries throughout New Jersey and at the Department’s public information center at 401 East State Street, Trenton, NJ.  You can obtain an official copy of the proposal from LexisNexis Customer Service at (800) 223-1944 or www.lexisnexis.com/bookstore.    Be advised that there may be a fee for obtaining a copy of the proposal from some sources.

A public hearing concerning the proposal is scheduled as follows:

Friday, September 26, 2008 at 10:00 a.m.
NJ Department of Environmental Protection
First Floor Public Hearing Room
401 East State Street
Trenton, New Jersey

Written comments may be submitted by October 3, 2008 to:

NJ Department of Environmental Protection
Alice Previte, Esq.
ATTN: DEP Docket # 10-08-07/643
Office of Legal Affairs
PO Box 402
Trenton, New Jersey 08625