Notice of Rule Proposal and State Implementation Plan Revision
Control and Prohibition of Carbon Dioxide Emissions
Proposed Amendments: N.J.A.C. 7:27-1, -8, and -22; N.J.A.C. 7:27A-3
Proposed New Rules: N.J.A.C. 7:27F

Take notice that the NJ Department of Environmental Protection is proposing new Air Pollution Control rules at N.J.A.C. 7:27F and amendments to N.J.A.C. 7:27-1, -8, and -22 and N.J.A.C. 7:27A-3.

This proposed rulemaking is part of a comprehensive strategy to reduce greenhouse gas emissions statewide. Proposed N.J.A.C. 7:27F represents a new chapter of the Department’s administrative rules with three major components that are intended to focus on reductions of carbon dioxide (CO2) from stationary sources.  Through this rulemaking, the Department proposes to reduce CO2 emissions from: (1) fossil fuel-fired electric generating units (EGUs) through the application of output-based emission limits, (2) certain commercial and industrial fossil fuel-fired boilers based upon an additional permit requirement, and (3) No. 4 and No. 6 fuel oil by banning its sale and use.  The new rules will have the additional benefit of reducing air pollutants such as oxides of nitrogen, sulfur dioxide, direct particulate matter, and hazardous air pollutants.  In addition to the new permit requirement for certain boilers, the Department is proposing a boiler fleet reporting requirement, which may inform future rulemaking.  Finally, the proposed rulemaking includes penalty provisions in N.J.A.C. 7:27A.

The proposal is scheduled to be published in the New Jersey Register dated December 6, 2021.  A copy of the proposal is available on the Department’s webpages at: https://dep.nj.gov/wp-content/uploads/rules/proposals/20211206a.pdf and https://www.state.nj.us/dep/aqm/curformp.html, and LexisNexis free public access to the New Jersey Register (https://www.lexisnexis.com/hottopics/njoal).

A public hearing concerning the proposal will be conducted virtually via the Department’s video conferencing software on February 1, 2022, at 9:00 A.M.

Please join the meeting from your computer, tablet, or smartphone.

 You can also dial in using your phone.
+1 856-338-7074
Phone Conference ID: 139 922 977#

If you are interested in providing oral testimony or submitting written comments at the virtual public hearing, please email the Department at heidi.jones@dep.nj.gov no later than 5:00 P.M. on Friday, January 28, 2022, with your contact information (name, organization, telephone number, and email address).

Written comments are due by March 7, 2022.  The Department encourages electronic submittal of comments. Written comments may be submitted electronically at https://dep.nj.gov/rules/comment-on-dep-rulemaking-2/. Please note: To submit a comment longer than 20,000 characters (about 10 pages), please email rulemakingcomments@dep.nj.gov and send your comment(s) as a document attachment. In the alternative, comments may be submitted on paper to:

Alice A. Previte, Esq.
ATTN: DEP Docket No. 07-21-11
NJ Department of Environmental Protection
Office of Legal Affairs
Mail Code 401-04L; PO Box 402
401 East State Street, 7th Floor
Trenton, NJ 08625-0402