State of New Jersey 

Department of Environmental Protection

State Implementation Plan (SIP) 

For Regional Haze 

Appendix M: Control Measure Descriptions 

July 2009 
2

CONTROL MEASURE DESCRIPTIONS 

This Appendix discusses the regional haze related control measures implemented, or that may be 

implemented in New Jersey. 

New Jersey Existing Rules 

NOx RACT Rule (2006): The NJDEP adopted amendments to N.J.A.C. 7:27-19, Control and 

Prohibition of Air Pollution from NOx, on September 8, 2005. The amendments were based on 

the OTC’s March 6, 2001 model rules to control NOx emissions tied to shortfall measures. The 

OTC model rules were created as the result of the agreement formally set forth in a 

“Memorandum of Understanding Among the States of the Ozone Transport Commission 

Regarding the Development of Specific Control Measures to Support Attainment and 

Maintenance of the Ozone National Ambient Air Quality Standards" (MOU), which was 

approved by the OTC on June 1, 2000. Specifically, the New Jersey amendments apply to 

owners and operators of certain stationary sources of NOx emissions, including 

industrial/commercial/institutional (ICI) boilers, combustion turbines, and reciprocating engines. 

Owners and operators of such sources are required to achieve the emission limit specified in the 

rules or to comply instead with alternative requirements, such as an emission averaging plan, an 

alternative maximum allowable emission rate or a plan for phased compliance (repowering or 

use of innovative technology). The amendments also regulate distributed generation1 of 

electricity, consistent with the OTC recommendation in its March 28, 2001 “Resolution of the 

States of the Ozone Transport Commission Concerning the Creation of incentives for Additional 

Distributed Generation of Electric Power.” The USEPA issued final approval of the New Jersey 

SIP revision, including these rule amendments on July 31, 2007.2 The rules became effective 

August 30, 2007. 

Diesel Idling Rule Changes: Since diesel engines are significant contributors of ozone and fine 

particulate precursors in the State of New Jersey, any efforts to control and reduce those 

emissions contribute to the State’s attainment of the ozone and fine particulate matter NAAQS. 

On September 18, 2006, the NJDEP proposed amendments to the existing diesel idling rules.3

 

The rules became effective July 25, 2007. These rules address the allowable idling duration for 

diesel-powered motor vehicles, and exemptions to that maximum idling limit. The changes 

reduce the allowable exemptions to a three-minute diesel idling standard. There were 

exemptions to the idling limit which allowed qualified vehicles to idle for an unlimited length of 

time under certain conditions. The revisions to the rule modify these exemptions to further limit 

idling in cold weather; limit the idling time for vehicles that transport people; clarify the idling 

rules regarding trucks waiting in line; clarify the type of vehicle which would be considered an 

“emergency motor vehicle,” and the times which would be considered “an emergency situation;” 

 

1

 Distributed generation is a system composed of generation located near the energy consumer’s site that may be 

integrated with the electric grid to provide multiple benefits on both sides of the utility meter. Source: CECA. 

Distributed Generation Facts, Consumer Energy Council of America, 

http://www.cecarf.org/Programs/DG/DGFacts.html. 2

 72 Fed. Reg. 41626-41629 (July 31, 2007). 3

 Control and Prohibition of Air Pollution from Diesel-Powered Motor Vehicles Air Administrative Procedures and 

Penalties Proposed Amendments: N.J.A.C. 7:27-14.1, 14.3, 7:27A-3.10(m)14. New Jersey Department of 

Environmental Protection. September 18, 2006. 
3

eliminate the exemption for idling while a vehicle is in for repairs that do not require the engine 

to be engaged to complete; eliminate the exemption for idling while attaching or detaching a 

trailer, should it take longer than the allowed three consecutive minutes; and phase out the 

exemption for sleeper berths. 

Asphalt Production Plants: The NJDEP adopted amendments to its rules at N.J.A.C. 7:27-19.9 on 

March 20, 2009, in order to lower NOx emissions from asphalt production facilities. The 

amendments, based on an OTC model rule, would pursue control measures to achieve at least a 

35 percent reduction of NOx emissions from asphalt production plants from current levels, with 

the inclusion of emission limits based on type of fuel combusted and implementation of Best 

Management Practices (BMP) requirements. The OTC guidance is based on emission rates and 

percent reductions typically achieved from the installation of low NOx burners (LNB) and flue 

gas recirculation (FGR) to reduce NOx emissions from asphalt plants. A low NOx burner reduces 

NOx by staged combustion. In flue gas recirculation, the flue gas is used to assist in cooling the 

combustion temperature, which in turn reduces the NOx generated. The implementation of Best 

Management Practices would allow for substantial reductions in fuel consumption and 

corresponding reductions in the products of combustion, including NOx. Best Management 

Practices include annual combustor tune-ups, effective stockpile management to reduce 

aggregate moisture content, lowering mix temperature, and other maintenance and operational 

best practices. 

Industrial/Commercial/Institutional (ICI) Boiler Rule 2009:

4

 ICI boilers combust fuel to produce 

heat and process steam for a variety of applications, including chemical, metals, paper, 

petroleum, and food production industries, and for space heating in office buildings, hotels, 

apartment buildings, hospitals, and universities. Industrial boilers are generally smaller than 

boilers in the electric power industry, and typically have heat inputs in the 10-250 MMBtu/hr 

range; however, industrial boilers can be as large as 1,000 MMBtu/hr or smaller than 1 

MMBtu/hr. Most commercial and institutional boilers have a heat input less than 100 

MMBtu/hr. In New Jersey, 70 percent of the population is smaller than 50 MMBtu/hr. 

New Jersey ICI boilers were regulated according to size, fuel and boiler type. New Jersey’s NOx

limits generally applied only to ICI boilers at least 50 MMBtu/hr located at major sources (i.e., 

point sources). ICI boilers at minor sources (i.e., area sources) were not subject to the maximum 

allowable emission rates, but were required to adjust the combustion process annually in boilers 

as small as 5 MMBtu/hr, effective as of 2010. 

New Jersey adopted amendments to its ICI boiler rules at N.J.A.C. 7:27-19.7 on March 20, 2009. 

The amendments would revise the NOx emission limits for both point and area source ICI 

boilers. Under the adopted amendments, owners and operators of any ICI boilers as small as 25 

MMBtu/hr are required to achieve emission limits specified in the rules. For more details on this 

rulemaking, see Ozone RACT – New Rules and amendments for 14 source categories.5

Coal-Fired Boilers Serving Electric Generating Units (EGU): Electric Generating Units produce 

electricity by turning a generator. Some generators are turned by steam produced from a boiler. 

 

4

 Some categories have 2009 compliance dates; remainder has 2012 compliance dates. 

5 Available at http://www.nj.gov/dep/rules/adoptions/adopt_090420.pdf 
4

Other generators are turned by combustion gasses produced by a turbine. Boilers and turbines 

typically use coal, oil, or gas as fuel. Some EGUs operate only on days on which there is a very 

high demand for electricity, such as during hot summer days when there is an increased use of air 

conditioners. For the purpose of these rules, High Electric Demand Days (HEDD) units are 

EGUs that are capable of generating 15 Megawatts (MW) or more and have been operated less 

than or equal to an average of 50 percent of the time during the immediately preceding three 

ozone seasons. The adopted rules do not address nuclear powered EGUs. 

In New Jersey there are ten coal-fired boilers serving EGUs. These coal-fired boilers are not 

HEDD units. Coal-fired boilers are the highest emitting sources of particles, sulfur dioxide 

(SO2) and oxides of nitrogen (NOx) in New Jersey. These ten boilers and their locations are: 

B.L. England Generating Station unit 1 - Upper Township, Cape May County, 

B.L. England Generating Station unit 2 - Upper Township, Cape May County, 

Carney’s Point Generating Station unit 1 - Carney’s Point, Salem County, 

Carney’s Point Generating Station unit 2 - Carney’s Point, Salem County, 

Deepwater Generating Station unit 6/8 - Pennsville, Salem County, 

Hudson Generating Station unit 2 - Jersey City, Hudson County, 

Logan Generating Plant - Logan Township, Gloucester County, 

Mercer Generating Station unit 1 - Hamilton Township, Mercer County, 

Mercer Generating Station unit 2 - Hamilton Township, Mercer County, and 

Vineland Municipal Electric Utility unit 10 - City of Vineland, Cumberland County 

The adopted amendments to N.J.A.C. 7:27-4.2, N.J.A.C. 7:27-10, and N.J.A.C. 7:27- 

19.4 on March 20, 2009, would implement a multi-pollutant control strategy to reduce allowable 

particle, SO2, and NOx emissions, respectively, from all New Jersey coal-fired boilers. The rules 

lower the maximum allowable emission rates of NOx, particles and SO2 from coal-fired boilers to 

help the State reach the Federal NAAQS for PM2.5 and to reduce regional haze. More stringent 

maximum allowable emission rates will cause non-compliant facilities to achieve compliance by 

installing reasonably available control technology. N.J.A.C. 7:27-4.2, N.J.A.C. 7:27-10, and 

N.J.A.C. 7:27-19.4 set forth a December 15, 2012 compliance date to provide reasonable time to 

install the necessary pollution control equipment and to be consistent with the compliance 

deadline for the existing multi-pollutant provisions of the mercury rule for coal-fired boilers at 

N.J.A.C. 7:27-27.7(d). 

Promulgating maximum allowable emission rates in rules for all existing coal-fired boilers 

serving EGUs meets the requirements of the Federal Clean Air Act and communicates to other 

states the emission rates that New Jersey considers reasonable for existing EGUs with respect to 

ozone nonattainment, PM2.5 nonattainment, and control of regional haze. The adopted rules will 

reduce NOx emissions because it has a more stringent maximum allowable NOx emission rate 

than the previous rule. 

High Electric Demand Day (HEDD) Units: In March 2007, following a year long process, six of 

the OTC states committed to pursue reductions in NOx emissions from electrical generating units 

that primarily operate on high electrical demand days (HEDD) starting with the 2009 ozone 
5

season.6

 On these high electric demand days, increased power generation is needed, usually on 

short notice. In Connecticut, Delaware, Maryland and Pennsylvania, boilers and turbines that 

primarily run to follow electrical load needs supply HEDD power generation. In New Jersey and 

New York, combustion turbines primarily supply HEDD power generation. The majority of the 

HEDD units in the six states are not controlled and produce significant NOx emissions on 

HEDDs. For example, on a typical summer day (June 4, 2005), NOx emissions for the six states 

for all Electric Generating Units (EGUs) were 551 tons per day (tpd). On a HEDD (July 26, 

2005), NOx emissions were 1,349 tpd. Most of this increase in emissions is due to power 

production from uncontrolled HEDD units. 

As part of the HEDD initiative, New Jersey plans to reduce NOx emissions by 19.8 tpd on the 

nominal high electrical demand days. Specifically, power generators in New Jersey will be 

responsible for securing these reductions and will be required to submit a plan on how they will 

reduce NOx. The generators will have flexibility in securing the 2009 reductions. New Jersey 

adopted amendments to N.J.A.C. 7:27-19 on March 20, 2009. The rules require that all HEDD 

units meet performance standards that reflect modern low NOx technology by May 1, 2015. 

Glass Manufacturing: New Jersey adopted amendments to its current glass manufacturing rules 

at N.J.A.C. 7:27-19.10 on March 20, 2009. The amendments, based on OTC guidance, would 

revise the NOx emission rates to reduce emissions consistent with the installation of oxy-fuel 

firing, or equivalent measures, at the time of the next furnace re-build. Although several 

alternative NOx control technologies exist, including combustion modifications (low NOx

burners, oxy-fuel firing, oxygen-enriched air staging), process modifications (fuel switching, 

batch preheat, electric boost), and post combustion modifications (fuel reburn, SNCR, SCR), 

oxyfiring is considered the most effective because it not only reduces NOx emissions by as much 

as 85 percent, but also reduces energy consumption, increases production rates by 10-15 percent, 

and improves glass quality by reducing defects. In addition, oxyfiring is demonstrated 

technology for the glass industry. Of New Jersey’s 25 glass manufacturing furnaces, five are 

already equipped with oxy-fuel firing and nine are electric. For more information on glass 

furnaces, see the Reasonably Available Control Technology (RACT) Analysis for the Attainment 

and Maintenance of the Annual Fine Particulate Matter (PM2.5) National Ambient Air Quality 

Standard.7

Case-by-Case NOx Limit Determinations (FSELs/AELs): Existing RACT rules set performance 

standards for many source categories. Major NOx facilities with emission sources having a 

potential to emit more than 10 tons of NOx per year where no previous NJDEP RACT limit has 

been established in the RACT Rules (N.J.A.C. 7:27-16 and N.J.A.C. 7:27-19), i.e., sources 

without performance standards, must apply to the NJDEP for a Facility-Specific Emission Limit 

(FSEL). When a performance standard exists and the source determines it is not reasonable, they 

apply to the NJDEP for an Alternative Emission Limit (AEL). FSELs and AELs are determined 

on a case-by-case basis. 

 

6

 Memorandum of Understanding Among the States of the Ozone Transport Commission Concerning the 

Incorporation of High Electrical Demand Day Emission Reduction Strategies into Ozone Attainment State 

Implementation Planning. Ozone Transport Commission, March 2, 2007. 

7 Available at http://www.state.nj.us/dep/baqp/pm25sip/Appendix%20A7_%20PM2.5%20RACT.pdf 
6

Currently, New Jersey has about 40 of these case-by-case FSEL/AEL determinations for sources 

throughout the State. New Jersey’s FSEL and AEL provisions for oxides of nitrogen are found 

at N.J.A.C. 7:27-19.13. 

As part of its RACT analysis, the NJDEP reviewed all of its existing FSELs and AELs and found 

that many were approved as long ago as 1997. In many cases, control technologies have 

advanced sufficiently since that time, warranting the reevaluation of these case-by-case 

determinations. The NJDEP adopted amendments to N.J.A.C. 7:27-19 on March 20, 2009, 

requiring all facilities with existing FSELs or AELs to either comply with the existing or revised 

RACT limits, where applicable, or demonstrate that a new FSEL/AEL is warranted. The NJDEP 

further proposes that the newly issued AELs will terminate after a certain number of years, 

requiring periodic re-evaluations and determinations, in an effort to keep these limits current 

until compliance with specific rule emission limits are achieved. 

Municipal Waste Combustor (Incinerator) NOx Rule: New Jersey has five resource recovery 

facilities (RRF) located in Essex, Union, Camden, Gloucester, and Warren Counties, 

respectively. There are 13 municipal waste combustors (MWC) at these five facilities. The 

NJDEP approved facility specific emission limits (FSELs) pursuant to N.J.A.C. 7:27-19.13 for 

each of these MWCs to meet the 1-hour ozone NAAQS, because these facilities qualified as 

major facilities (i.e., those facilities with the potential to emit more than 25 tons of NOx per year 

containing a source operation that has the potential to emit greater than 10 tons per year) and the 

State did not establish specific RACT source requirements for MWCs. The USEPA has adopted 

Federal Plans for both large and small MWCs. New Jersey is the delegated state authorized to 

implement and enforce those plans, in accordance with Memoranda of Agreement (MOAs) 

between the State and the USEPA. The Federal standard for emissions of NOx from MWCs, as 

reflected in the Federal rules dated May 10, 2006, and previous Federal plans, is 205 ppm.8

 

Currently, all New Jersey MWCs are in compliance with the Federal standard. 

As part of its ozone RACT analysis, the NJDEP reviewed the Municipal Waste Combustor 

FSELs and determined that, when equipped with selective non-catalytic reduction (SNCR), NOx

controls are capable of more NOx reductions than are currently being achieved by some of the 

municipal solid waste facilities. The ozone RACT rulemaking, adopted March 20, 2009, 

eliminates the various MWC FSELs and sets a more stringent source category NOx emission 

limit, which will result in further NOx emission reductions from this source category. 

Federal Existing Rules 

Small Offroad Engine Rule: On May 18, 2007, the USEPA proposed new rules that would set 

stricter standards for most lawn and garden equipment and small recreational watercraft.9,10 

Specifically, the proposal would establish new exhaust emission standards that manufacturers are 

expected to meet using catalytic converters in many types of small watercraft, lawn, and garden 

 

8

 70 Fed. Reg. 75348-69 (May 10, 2006). 9

 72 Fed. Reg. 28098-146 (May 18, 2007). 10 For more information about the proposal, visit USEPA’s websites at Lawn and Garden 

http://www.epa.gov/otaq/equip-ld.htm for lawn and garden equipment and http://www.epa.gov/otaq/marinesi.htm 

for gasoline boats and personal watercraft. 
7

equipment. This proposed rule also includes fuel evaporative standards for all the types of 

equipment and watercraft covered in the rulemaking. The new standards would apply as early as 

2011 for most lawn and garden equipment (under 25 horsepower) and 2009 for watercraft. 

Locomotive Engines and Marine Compression-Ignition Engines Less Than 30 Liters per 

Cylinder: On March 14, 2008, the USEPA adopted more stringent exhaust emission standards 

for locomotives and marine diesel engines.11 The standards include: tightening emission 

standards for existing locomotives when they are remanufactured; setting near-term engine-out 

emission standards (Tier 3 standards) for newly-built locomotives and marine diesel engines; and 

setting longer-term standards (Tier 4 standards) for newly-built locomotives and marine diesel 

engines that reflect the application of high-efficiency aftertreatment technology. The USEPA is 

also proposing provisions to eliminate emissions from unnecessary locomotive idling. 

The standards for remanufactured locomotives will take effect as soon as certified remanufacture 

systems are available (as early as 2008). Tier 3 standards for newly-built locomotive and marine 

engines would phase in starting in 2009. Tier 4 standards for newly-built locomotives and 

marine diesel engines would phase in beginning in 2014 for marine diesel engines and 2015 for 

locomotives. 

Tier 1 Vehicle Program: Pursuant to 42 U.S.C. §7521, the USEPA promulgated regulations 

which revised the tailpipe standards of the Federal Motor Vehicle Control Program (FMVCP) for 

light duty vehicles and light duty trucks.12 These standards, known as Tier 1, were implemented 

in phases beginning with the 1994 model year. The Tier 1 standards encompassed pollutants 

previously regulated (that is, carbon monoxide, nitrogen oxides, and particulate matter), as well 

as the addition of non-methane hydrocarbons (NMHC). The standards themselves are a function 

of vehicle class, pollutant, useful life, engine cycle, and fuel. The Tier 1 rulemaking also 

established new intermediate and full useful life13 levels for air pollution control devices on lightduty vehicles and light-duty trucks, as well as new vehicle weight classes. The regulation 

affected petroleum and methanol-fueled motor vehicles. 

National Low Emission Vehicle Program (NLEV): The NLEV14 program required automobile 

manufacturers to meet more stringent new car standards, starting with the 1999 model year in the 

OTC states and starting with the 2001 model year in the remainder of the nation, except for 

California. New Jersey participated in the NLEV program for the model year 2006, after which 

New Jersey came under the Federal Tier 2 program. New Jersey subsequently adopted the Low 

Emission Vehicle II (LEV II) program, which becomes effective for vehicles delivered for sale 

in New Jersey on and after January 1, 2009. 

Tier 2 Vehicle Program/Low Sulfur Fuels: On February 10, 2000, the USEPA promulgated rules 

for its comprehensive Tier 2/Low Sulfur Gasoline program.15 These regulations are designed to 

treat a vehicle and its fuel as a system, resulting in multiple efforts to reduce highway source 

 

11 73 Fed. Reg. 25097 (May 6, 2008). 12 56 Fed. Reg. 25724 (June 5, 1991). 13 Useful life is the number of years that the vehicle is expected to be in use. 14 For more information on NLEV, see USEPA website at http://www.epa.gov/otaq/lev-nlev.htm. 

15 65 Fed. Reg. 6698-746 (February 10, 2000). 
8

emissions. In addition to requiring new tailpipe emissions standards for all passenger vehicles, 

sport utility vehicles (SUVs), minivans, vans and pick-up trucks, the USEPA simultaneously 

promulgated regulations to lower the sulfur standard in gasoline. These regulations phased in 

between 2004 and 2007. 

Heavy Duty Diesel Vehicle (HDDV) Defeat Device Settlement: On October 22, 1998, the U.S. 

Department of Justice and the USEPA announced a settlement with seven major diesel engine 

manufacturers to resolve claims that they installed computer software on 1993 through 1998 

model year heavy-duty diesel engines which was designed to disengage the engine’s emission 

control system during highway driving.16 The settlement, involving Caterpillar, Inc., Cummins 

Engine Company, Detroit Diesel Corporation, Mack Trucks, Inc., Navistar International 

Transportation Corporation, Renault Vehicles Industries, S.A., and Volvo Truck Corporation, 

included an $83.4 million total penalty. The settlement also required the manufacturers to offer 

software updates (chip reflash) at no cost to the truck owners at the time of engine rebuild. 

Heavy Duty Diesel Vehicle (HDDV) Engine Standards:

17 On July 31, 2000, the USEPA issued a 

final rule for the first phase of its two-part strategy to significantly reduce harmful diesel 

emissions from heavy-duty trucks and buses. This rule finalized new diesel engine standards 

beginning in 2004, for all diesel vehicles over 8,500 pounds. Additional diesel standards and test 

procedures in this final rule began in 2007. This new rule required heavy-duty gasoline engines 

to meet new, more stringent standards starting no later than the 2005 model year. According to 

the USEPA, these new standards require gasoline trucks to emit 78 percent less NOx and 

hydrocarbons, and diesel trucks to emit 40 percent less NOx and hydrocarbons, than current 

models. The second phase of the program required cleaner diesel fuels and cleaner engines, 

reducing air pollution from trucks and buses by another 90 percent. The USEPA issued the final 

rule, to take effect in 2006-2007 on January 18, 2001.18 

Nonroad Diesel Engines: In June 1994, the USEPA promulgated regulations to control volatile 

organic compounds (VOCs), NOx and carbon monoxide (CO) emissions from diesel-powered 

compression ignition engines at or greater than 50 horsepower (hp), i.e., bulldozers.19 These Tier 

1 standards phased in from 1996 to 2000. In October 1998, the United States Environmental 

Protection Agency (USEPA) promulgated regulations to control VOC, NOx and carbon 

monoxide emissions from diesel-powered compression ignition engines for all engine sizes.20 

This rule includes Tier 1 standards for engines under 50 horsepower (hp) (i.e., lawn tractors), 

Tier 2 standards for all engine sizes, and more stringent Tier 3 standards for engines rated over 

50 hp. The new Tier 3 standards are expected to lead to control technologies similar to those that 

will be used by manufacturers of highway heavy-duty engines to comply with the 2004 highway 

 

16 For more information, see the USEPA’s web page on Heavy Duty Diesel Engine Consent Decree Documents at

www.epa.gov/Compliance/resources/cases/civil/caa/diesel/condec.html. 

17 For more information, see the USEPA’s Office of Transportation and Air Quality web site at

http://www.epa.gov/otaq/hd-hwy.htm. 

18 66 Fed. Reg. 5002-50 (January 18, 2001). 

19 59 Fed. Reg. 31306 (June 17, 1994). 20 63 Fed. Reg. 56968-7023 (October 23, 1998). 
9

engines standards.21 The new Tier 1 standards were phased in between the years 1999 and 2000, 

Tier 2 standards between 2001 and 2006, and Tier 3 between 2006 and 2008. 

Large Industrial Spark-Ignition Engines over 19 kilowatts: Spark-ignition nonroad engines are 

mostly powered by liquefied petroleum gas, with others operating on gasoline or compressed 

natural gas. These engines are used in commercial and industrial applications, including 

forklifts, electric generators, airport baggage transport vehicles, and a variety of farm and 

construction applications. 

In September 2002, the USEPA adopted new standards to regulate these engines.22 The emission 

standards are two-tiered. The Tier 1 standards, which started in 2004, are based on a simple 

laboratory measurement using steady-state procedures. The Tier 2 standards, starting in 2007, 

are based on transient testing in the laboratory, which ensures that the engines will control 

emissions when they operate under changing speeds and loads in the different kinds of 

equipment. 

Also included is an option for manufacturers to certify their engines to different emission levels 

to reflect the fact that decreasing NOx emissions tend to increase carbon monoxide emissions 

(and vice versa). In addition to these exhaust-emission controls, manufacturers must take steps 

starting in 2007 to reduce evaporative emissions, such as using pressurized fuel tanks. Tier 2 

engines are also required to have engine diagnostic capabilities that alert the operator to 

malfunctions in the engine’s emission-control system. The rule also includes special standards to 

allow for measuring emissions without removing engines from equipment. 

Recreational Vehicles: Recreational vehicles include snowmobiles, off-highway motorcycles, 

and all-terrain-vehicles (ATVs). In September 2002, the USEPA adopted new standards to 

regulate nonroad recreational engines and vehicles.23 The standards that affect PM2.5 emissions 

are presented in Table M1. As shown by this table, only the new standards for off-highway 

motorcycles and ATVs will reduce NOx, a PM2.5 precursor. 

Table M1: Summary of Emission Standards for Recreational Vehicles 

Vehicle Model year Emission standards Phase-in 

 HC*+NOx

g/km 

CO 

g/km 

Off-highway 2006 2.0 25.0 50% 

Motorcycle 2007 and later 2.0 25.0 100% 

2006 1.5 35.0 50% ATV 2007 and later 1.5 35.0 100% 

*HC = Hydrocarbon 

 

21 USEPA. Regulatory Announcement: New Emission Standards for Nonroad Diesel Engines. United States 

Environmental Protection Agency Office of Mobile Sources, EPA420-F-98-034, August 1998. 22 67 Fed. Reg. 68242-447 (November 8, 2002). 23 67 Fed. Reg. 68242-447 (November 8, 2002). 
10

Federal Compression Ignition Marine Engine Regulations (Commercial Marine Engines):

24,25 In 

1999, the USEPA promulgated regulations for commercial marine diesel engines over 37 

kilowatts (kW), including engines with per cylinder displacement up to 30 liters.26 This rule 

established VOC and NOx emission standards, starting in 2004, for new engines with per 

cylinder displacement up to 2.5 liters. This rule also established standards in 2007 for engines 

with per cylinder displacement between 2.5 and 30 liters.27 The engines covered by this rule are 

divided into two categories: Category 1: rated power at or above 37 kW - specific displacement 

of less than 5 liters per cylinder. These engines are primarily found in fast ferries. Category 2: 

rated power at or above 37 kW - specific displacement greater than or equal to 5, but less than 

30, liters per cylinder. These engines are primarily found in tug and towboats. 

Federal Small Spark Ignition Engine Regulations: In July 1995, the USEPA promulgated the first 

phase of its regulations to control emissions from new nonroad spark ignition engines.28 This 

regulation established VOC and carbon monoxide emission standards for all model year 199729

and newer nonroad spark ignition engines that have a gross power output at or below 19 

kilowatts. These engines are used principally in lawn and garden equipment, including, but not 

limited to, lawn mowers, leaf blowers, trimmers, chainsaws, and generators. In March 1999, the 

USEPA promulgated Phase 2 regulations to control emissions from new nonroad spark ignition 

engines.30 These regulations established tighter VOC and NOx standards for non-handheld 

equipment such as lawn mowers and commercial turf equipment. The new standards were 

phased in between the years 2001 and 2007. In March 2000, the USEPA promulgated additional 

Phase 2 regulations to control emissions from new nonroad spark ignition engines.31 This 

regulation established tighter VOC, NOx, and carbon monoxide standards for handheld 

equipment such as string trimmers (i.e., weed whackers), leaf blowers and chainsaws. The new 

standards were phased in between the years 2002 to 2007. 

New Jersey Proposed Rules 

Diesel Smoke (I/M Cutpoint) Rule Changes: Like the diesel idling efforts, the NJDEP 

requirements for the inspection and maintenance (I/M) of diesel vehicles are designed to reduce 

the emissions from diesel engines, which are significant contributors to ozone, PM2.5 and its 

precursors. The NJDEP proposed amendments to its existing diesel I/M rules on June 16, 2008, 

to reduce the allowable smoke from heavy-duty diesel vehicles. Smoke opacity, which is used as 

a surrogate for particulate matter, is the degree to which a plume of smoke will obstruct 

transmission of visible light. Smoke opacity is used as an indicator for mal-maintenance. New 

 

24 For more information, see the USEPA’s regulatory announcement on Emission Standards for New Commercial 

Marine Diesel Engines at http://www.epa.gov/otaq/regs/nonroad/marine/ci/fr/f99043.pdf. 25 The USEPA has not finalized Tier 2 standards for Category 3 commercial marine engines. The USEPA will 

promulgate final Tier 2 standards for Category 3 engines on or before December 17, 2009. (“Category 3” means 

relating to a marine engine with a specific engine displacement greater than or equal to 30 liters per cylinder). 

Source: 40 C.F.R. §§ 94.1, 94.8; 72 Fed. Reg. 20948-52 (April 27, 2007). 26 64 Fed. Reg. 73300-73 (December 29, 1999). 27 USEPA. Technical Highlights: Organization of Gasoline and Diesel Marine Engine Emission Standards. United 

States Environmental Protection Agency Office of Mobile Sources, EPA420-F-99-046. December 1999. 28 60 Fed. Reg. 34582-657 (July 3, 1995). 

29 Ibid; Model year 1997 is defined as “The 1997 model year will run from January 2, 1996 to December 31, 1997.” 30 64 Fed. Reg. 15208-55 (March 30, 1999). 31 65 Fed. Reg. 24268-314 (April 25, 2000). 
11

Jersey’s proposed amendments will update and strengthen the existing smoke requirements and 

update the Pass/Fail Standards for the periodic and roadside inspections. 

Currently available technology allows diesel engines to emit smoke at rates much lower than the 

existing cutpoints, when operating in accordance with the manufacturers’ specifications. 

Therefore, it is appropriate to revise the heavy-duty diesel vehicle inspection program standards 

to reflect the current diesel engine technology and ensure appropriate maintenance is performed. 

Although newer diesel-powered vehicles and equipment usually operate more cleanly and may 

contribute less to air quality problems than their predecessors, diesel-powered trucks and buses 

tend to remain in service for 20 years or more. Unless the excess emissions due to malmaintenance or lack of repair are reduced, trucks and buses will continue to emit excess levels of 

exhaust particles and contribute to air pollution in the State for many years to come. 

Implementing stricter opacity cutpoints for diesel-powered vehicles will result in appropriate 

maintenance and reduce emissions. 

New Jersey Rules to be Proposed 

Low Sulfur Fuel Oil Strategy: Lowering the sulfur content in fuel oil is a part of the strategy 

established by the MANE-VU states to reduce and prevent regional haze. The MANE-VU states 

in the inner zone (New Jersey, New York, Delaware and Pennsylvania) plan to reduce the sulfur 

content of distillate oil to 0.05 percent sulfur by weight (500 ppm) in 2014, the sulfur content of 

No. 4 residual oil to 0.25 percent sulfur by weight in 2014, the sulfur content of No. 6 residual 

oil to 0.3 to 0.5 percent sulfur by weight in 2014, and to further reduce the sulfur content of 

distillate oil to 15 ppm in 2016. The MANE-VU states in the outer zone plan to reduce the sulfur 

content of distillate oil to 0.05 percent sulfur by weight in 2014, the sulfur content of No. 4 

residual oil to 0.25 percent sulfur by weight in 2018, the sulfur content of No. 6 residual oil to 

no greater than 0.5 percent sulfur by weight by 2018, and to further reduce the sulfur content of 

distillate oil to 15 ppm in 2018. 

The NJDEP is planning to propose to amend N.J.A.C. 7:27-9, Sulfur in Fuels, specifically 

section 9.2, which specifies sulfur content standards and maximum allowable sulfur dioxide 

emissions. The proposed amendments affect those who store, offer for sale, sell, deliver or 

exchange fuel for use in New Jersey, as well as the users of these fuels. The NJDEP is proposing 

changes to reduce the maximum allowable sulfur content in fuel and the maximum allowable 

SO2 emissions from fuel combustion in order to reduce the emissions of SO2, direct PM, and 

other pollutants from the combustion of fuel in New Jersey. 

Currently, maximum allowable sulfur levels in No. 2 and lighter fuel oil in New Jersey are either 

2,000 parts per million (ppm) or 3,000 ppm. Maximum allowable sulfur levels in No. 4 fuel 

ranges from 3,000 ppm (0.3 percent) to 20,000 ppm (2.0 percent). Maximum allowable sulfur 

levels in No. 5 and No. 6 fuels also range from 3,000 to 20,000 ppm. The NJDEP is planning to 

reduce the maximum allowable sulfur content of No. 2 and lighter fuel oil to 500 ppm (0.05 

percent), then 15 ppm (0.0015 percent) statewide; reduce the maximum allowable sulfur content 

of No. 4 fuel oil to 2,500 ppm (0.25 percent) statewide; and reduce the maximum allowable 

sulfur content of No. 5, No. 6 and heavier fuel oils to 5,000 ppm (0.5 percent) in Zones 1, 2, 3 

and 5 (the standard will remain 3,000 ppm (0.3 percent) in Zones 4 and 6). 
12

New Jersey Potential Future Rules or Programs 

Fugitive Dust Emission Regulation: New Jersey has a control strategy in place for the control of 

stormwater runoff from streets under the New Jersey Municipal Stormwater Regulation 

program32 that also has air quality benefits by the removal of fugitive dust. The strategy includes 

both mandated and voluntary street sweeping. Some streets are required to be swept monthly. 

New Jersey also has standards that reduce fugitive emissions from various sources such as tillage 

and construction. These standards have been adopted by NJDOT and New Jersey Department of 

Agriculture (NJDOA) under the “Soil Erosion and Sediment Control Standards: Standards for 

Dust Control.” 

New Jersey intends to further address fugitive dust33 emissions in a new rule. The rule as 

currently envisioned would establish provisions requiring dust management plans for certain 

source categories and any facility with a history of dust emissions. Requiring dust management 

plans for these facilities will help control dust emissions to eliminate nuisance dust, improve 

visibility, and improve the health of the people of New Jersey. As with any rule, the New Jersey 

Air Pollution Control and Administrative Procedures Act requirements will be followed. 

Open Burning Permit Regulation Revisions: New Jersey has one of the most stringent open 

burning rules in the nation. The existing New Jersey rules limit all types of open burning within 

the State, N.J.A.C. 7:27-2 et seq. These rules have been in effect since 1956, with subsequent 

revisions further restricting open burning. The rules prohibit most open burning, limit other 

types of open burning, and have been successful in minimizing burning throughout the State. 

The limited instances where open burning is allowed, only after a person obtains an air pollution 

control and Forest Fire Service permit, include: 

- Prescribed burning, 

- Limit agricultural management burning as follows: 

- Infested plant life, 

- Herbaceous plant life and hedgerows, 

- Orchard prunings and cullings, 

- Land clearing for farming, 

- Emergencies, 

- Dangerous material. 

New Jersey plans to propose amendments to the current rules to require that any permit issued 

for open burning in the State would prohibit open burning on days forecasted as unhealthy for air 

quality. This condition is currently envisioned to apply in all but emergency situations. 

Home Wood Heating Advisory Program: 

 

32 2006 Annual Report summary on New Jersey’s Stormwater Regulation program is available at 

http://www.state.nj.us/dep/dwq/pdf/2006msrpannualreportlong.pdf (Accessed November 19, 2007) 33 Fugitive dust is made up of suspended particles caused by human activities and wind. Typical sources of fugitive 

dust include wind erosion, construction, roads, and agriculture. Industrial activities such as quarries and mineral 

processing can also emit fugitive dust.
13

Wood burning is one of the largest sources of direct fine particulate matter, PM2.5, emissions in 

New Jersey. With the high price of conventional heating fuels, the onset of cold weather brings 

a dramatic increase in the use of fireplaces and woodstoves. This results in large quantities of 

particulate matter being released into the local air shed. Wood smoke contains over 200 

chemicals and compound groups, many considered as air toxics. 

New Jersey is considering strategies to reduce the emissions of wood smoke. Implementation of 

these strategies would reduce fine particle emissions and improve visibility. One strategy under 

consideration is a Home Wood Heating Advisory Program, similar to those in Oregon and 

Washington states. In general, these programs require the limitation of burning during times 

when unhealthy air quality is forecast or monitored. Other control measures under investigation 

include woodstove and fireplace change-out programs. Financial incentives might be provided 

to help home owners to replace their older, more polluting fire box or stove with a newer, less 

polluting one. 

The NJDEP has posted on its website an informational webpage regarding techniques for proper 

wood burning, health effects of wood burning, and links to other useful web pages.34

PM from #6 Fuel Oil-Fired Boilers: Among the combustion sources emitting significant 

amounts of direct PM2.5 are coal and oil-burning boilers. New Jersey has adopted rule that limits 

multiple pollutant emissions, including NOx, PM, and SO2, from coal-fired boilers , and NOx

from boilers burning natural gas, #2 fuel oil and #4 or #6 fuel oil. After reviewing stack test 

results for PM10 from #6 fuel oil-firing boilers, the NJDEP is considering a particulate limit of 

0.0300 lb/MMBtu, consistent with the limit adopted for existing coal-fired EGUs, based on the 

use of lower sulfur oil or the installation of an electrostatic precipitator for control. 

Stationary Diesel Engines: Incomplete combustion of diesel fuel results in direct particle 

emissions. Using New Jersey Environmental Management System (NJEMS) electronic 

permitting and emissions inventory database as the basis for determining potential reductions, 

there are at least 350 non-emergency stationary diesel engines greater than or equal to 50 

horsepower currently in-use in New Jersey. The actual number is expected to be much higher, 

perhaps over 1,000 engines. Through the use of add-on particle control, the NJDEP estimates an 

85 percent reduction, about 130 tons per year of PM2.5

emissions, may be achieved from 350 engines. New Jersey is evaluating an engine control 

technology retrofit program comparable to California’s engine compliance certification 

program.35 Provisions of a new rule may include emission limits for PM, NOx, CO, and VOC. 

Available retrofit add-on controls, engine timing, feasibility of regulating smaller engines (25 – 

50 hp), and compliance dates will be considered during rule development. 

Refineries - Process Heaters and Boilers: Process heaters, and boilers operating at petroleum 

refineries emit significant amounts of NOx, CO, SO2, and PM emissions. Boilers are designed to 

generate steam for use throughout the refinery, while process heaters burn fuels to transfer heat 

 

34 http://www.state.nj.us/dep/baqp/woodburning.html 35 California Code Rules, Air Toxic Control Measures (CCT-ATCM: September, 2005) 
14

directly to process materials. Boilers and process heaters are similar in that they are indirect 

combustion devices that burn fuels such as natural gas, fuel oil, and refinery fuel gas. New 

Jersey currently regulates NOx emissions from indirect heat exchangers at N.J.A.C. 7:27-19.7. 

Available control technologies for controlling NOx emissions from these units include Ultra Low 

NOx Burners (ULNB) and Selective Catalytic Reduction (SCR). These control technologies 

have been successfully applied to both types of equipment achieving emission reductions up to 

90 percent. Recent enforcement settlements required some refineries to reduce average 

nationwide NOx emissions from heaters to 0.04 lbs NOx/MMBtu. 

NJDEP plans to set more stringent maximum NOx limits for each refinery heater, as well as 

apply the Federal 0.040 lb per million BTU average limit to each New Jersey refinery, rather 

than nationwide. 

Refineries - Fluid Catalytic Cracking Units (FCCUs): Catalytic cracking units convert middle 

distillate, gas oil and residuum into gasoline, jet and diesel fuels by using a series of processing 

steps that literally “crack” large, heavy molecules into smaller, lighter ones. Heat and catalyst 

are used to convert the heavier oils to lighter products. Fluid catalytic cracking unit systems are 

the most widely used cracking process in the MARAMA region and are the largest air 

contaminant emission sources at the refinery. New Jersey has four gasoline-producing refineries 

with fluid catalytic cracking units. These refineries are major facilities with Title V Operating 

Permits, and all emit large quantities of criteria pollutants (SO2, NOx, VOCs, CO, and coarse 

particulate matter (PM10)), as well as HAPs. New Jersey currently regulates NOx emissions from 

fluid catalytic cracking units at N.J.A.C. 7:27-19.13. 

MARAMA’s model rule for FCCUs, includes emissions limits for particulate matter, SO2, NOx, 

and carbon monoxide.36 The MARAMA Technical Oversight Committee recommended the 

most stringent limits in recent Consent Decrees or rules in other jurisdictions. Feasible control 

technologies are summarized in Table 2-6 of MARAMA’s report entitled, “Assessment of 

Control Technology Options For Petroleum Refineries in the Mid-Atlantic Region, Final Report, 

January 2007” (“Final Report”). 

NJDEP will consult with the USEPA concerning the feasibility of further NOx reduction from 

FCCUs, while maintaining low direct emissions of PM.

Refineries – Flares: Petroleum refinery flares are intended to be last-resort control devices used 

to safely dispose of flammable waste gases from emergency process upsets, as well as during 

start-up, shutdown and turnaround operations. The combustion of these gases can emit large 

quantities of NOx, SO2, and carbon monoxide into the atmosphere and are believed to be 

underestimated. New Jersey currently regulates VOC emissions from refinery flares at N.J.A.C. 

7:27-16.13. 

MARAMA’s model rule for petroleum refinery flares includes control measures designed to 

reduce NOx, SO2, VOC, and carbon monoxide emissions.37 The model rule includes 

 

36 The MARAMA model rules are posted at http://www.marama.org for public review. 

37 The MARAMA model rules are posted at http://www.marama.org for public review.
15

requirements for the owner/operators of refinery flares to eliminate the flaring of routinely 

generated refinery fuel gases. Other items included in MARAMA’s flare model rule include 

operational requirements, monitoring system requirements, and guidelines for calculating flare 

emissions. Control technology options for flares are summarized in Table 4-5 of the Final 

Report. 

NJDEP plans to consult with other states and the USEPA in further evaluating the operation and 

minimization of flare emissions. Substantial efforts are underway in Texas to better quantify 

flare emissions.