AIR POLLUTION CONTROL 

ALLOWABLE SEPARATION BETWEEN CENTERLINES OF STACKS 

{ ~ a ~ I + L F { ~ { F- {- , a 

7 :27-10 .1 

m H 200 400 

--1---+- -1-- + 1 -+ -1 4 

600 800 1000 1200 1400 

ALLOWABLE SEPARATION 

BETWEEN CENTERLINES (ft) 

R.1982 d .456, effective December 6, 1982 (operative February 4, 1983) . 

See: 13 N .J .R . 870(a), 14 N.J .R . 1452(a) . 

Amended by R.1998 d .231, effective May 4, 1998 (operative June 12, 

1998) . 

See: 29 N.J .R . 3521(a). 30 N.J .R. 1563(b). 

Rewrote (a)5 . 

SUBCHAPTER 10 . SULFUR IN SOLID FUELS 

Authority 

N.J .S .A . 13 :1D-1 et seq. 

Subchapter Historical Note 

Rules concerning sulfur in coal were originally codified in this 

subchapter and were filed and became effective prior to September 1, 

1969. Amendments to this subchapter were accepted on July 6, 1978 as 

R.1978 d .220, to become effective on September 15 . 1978 . See : 10 

N.J .R. 98(a), 10 N.J .R . 328(b) . Further amendments were adopted as 

R.1981 d.185, effective June 4, 1981 . See: 12 N.J .R . 571(a), 13 N.J .R. 

341(a) . 7:27-10 .1 Definitions 

The following words and terms, 

subchapter, shall have the following 

context clearly indicates otherwise . 

when used in this 

meanings, unless the 

"Anthracite coal" means coal that is classified as anthracite 

according to the American Society for Testing and Materials 

Standard Specification for Classification of Coals by Rank, 

ASTM D 388-77. 

{ ~-- I ~-

160H 1800 200H 

"Approved stack-gas cleaning process" means a process 

which removes sulfur dioxide from the products of 

combustion of solid fuel and which has been approved by the 

Department. 

"Bituminous coal" means coal that is classified as 

bituminous according to the American Society for Testing 

and Materials Standard Specification for Classification of 

Coals by Rank, ASTM D 388-77. 

"Calendar day" means the 24-hour period from 12 :00 

midnight to 12 :00 midnight the following day. 

"Coal" means anthracite coal, bituminous coal, coke, 

lignite, nonbanded coal, and subbituminous coal . 

"Coke" means a fused; cellular, porous structure that 

remains after free moisture and the major portion of the 

volatile materials have been distilled from bituminous coal 

and other carbonaceous material by the application of heat in 

the absence of air or in the presence of a limited supply of air. 

"Control apparatus" means any device which prevents or 

controls the emissions of any air contaminant. 

"Lignite" means coal that is classified as lignite A or B 

according to the American Society for Testing and Materials 

Standard Specification for Classification of Coals by Rank, 

ASTM D 388-77 . 

27-68.3 Supp . 5-18-09 
7 :27-10.1 

"One-hour block" means a one-hour time period starting on 

any hour, for example 12 :00 midnight to 1 :00 A.M., or 1 :00 

A.M. to 2 :00 A.M. 

"Nonbanded coal" means coal that is classified as nonbanded according to the American Society for Testing and 

Materials Standard Definition of Terms Relating to Megascopic Description of Coal and Coal Beds and Microscopical 

Description and Analysis of Coal, ASTM D 2796-77. 

"Potential combustion emission rate" means the theoretical 

emission rate that would result from the combustion of a fuel 

in an uncleaned state without control apparatus. 

"Reconstruction" means the replacement of components of 

an existing facility to such an extent that the fixed capital cost 

of the new components exceeds 50 percent of the fixed 

capital cost that would be required to construct an entirely 

new comparable facility. 

"Resource recovery facility" means a facility that combusts 

more than 75 percent non-fossil fuel based on the moving 

average of heat input during 3-month periods . 

"Solid fuel" means solid material or any substance derived 

from solid material used or to be used for the purpose of 

creating useful heat and includes, but is not limited to, coal, 

gasified coal, liquified coal, solid solvent-refined coal, 

municipal solid waste, refuse-derived fuel, and wood. 

"Stack or chimney" means a flue, conduit or opening designed, constructed, and/or utilized for the purpose of emitting air contaminants into the outdoor air. 

"Steam generating unit" means any furnace, boiler, or other 

device used for combustion fuel for the purpose of producing 

steam. 

"Subbituminous coal" means coal that is classified as 

subbituminous according to the American Society for Testing 

and Materials Standard Specification for Classification of 

Coals by Rank, ASTM D 388-77 . 

"Sulfur dioxide (SO2)" means a colorless gas at standard 

conditions, having a molecular composition of one sulfur 

atom and two oxygen atoms. 

"30-calendar-day rolling average emission rate" means the 

average emission rate over 30 consecutive calendar days 

determined pursuant to N.J .A.C . 7:27-10 .5 . 

"24-hour emission rate" means total emissions in a 

calendar day determined pursuant to N.J .A.C . 7:27-10 .5 . 

"Zone One" means Atlantic, Cape May, Cumberland, and 

Ocean Counties . 

"Zone Two" means Hunterdon, Sussex, and Warren 

Counties. 

ENVIRONMENTAL PROTECTION 

"Zone Three" means Burlington, Camden, Gloucester, 

Mercer, and Salem Counties . 

"Zone Four" means Bergen, Essex, Hudson, Middlesex, 

Monmouth, Morris, Passaic, Somerset, and Union Counties. 

As amended, R.1981 d .185, eff. June 4, 1981 . 

See: 12 N .J.R. 571(a), 13 N.J .R. 341(a) . 

Substantially amended. 

Amended by R.2009 d.137, effective April 20, 2009 (operative May 19, 

2009) . 

See : 40 N.J .R . 4390(a), 41 N.J .R. 1752(a) . 

Added definitions "Calendar Day", "One-hour block", "30-calendar 

day rolling average emission rate" and "24-hour emission rate" . 

7:27-10.2 Sulfur contents standards 

(a) On and before December 14, 2012, no person shall 

store, offer for sale, sell, deliver or exchange in trade, for use 

in New Jersey, solid fuel which contains sulfur in excess of 

the percentages by weight set forth in Table 1, except as 

provided otherwise in this Subchapter. 

(b) On and before December 14, 2012, no person shall use 

in New Jersey, solid fuel which contains sulfur in excess of 

the percentages by weight set forth in Table l . 

TABLE I 

EXISTING SOLID FUEL BURNING UNITS 

Type Fuel Maximum Allowable Percent Sulfur by Weight 

(Dry Basis) 

Zone One Zone Two Zone Three Zone Four 

Anthracite Coal 0.8 0.8 0.8 0 .8 

or Coke 

All other solid 1 .0 1 .0 0.2 0 .2 

Fuels 

(c) On and before December 14, 2012, the provisions of 

(a) and (b) above shall not apply to solid fuel whose 

combustion causes sulfur dioxide (SOZ) emissions from any 

stack or chimney into the outdoor atmosphere which are 

demonstrated to the Department as not exceeding, at any 

time, those quantities of sulfur dioxide expressed in pounds 

per 1,000,000 British Thermal Units (BTU) gross heat input, 

set forth in Table 2 . 

TABLE 2 

EXISTING SOLID FUEL BURNING UNITS 

Type Fuel Maximum Allowable SOz Emissions 

(pounds/million BTU) 

Zone One Zone Two Zone Three Zone Four 

Anthracite Coal 1 .2 1 .2 1 .2 1 .2 

and Coke 

All other solid 1 .5 1 .5 0.3 0 .3 

Fuels 

Supp . 5-18-09 27-68.4 
AIR POLLUTION CONTROL 

(d) On and before December 14, 2012, any solid fuel-fired 

steam generating unit which is located in Zone Three or Zone 

Four, having a rated hourly capacity of greater than 

200,000,000 British Thermal Units (BTU) gross heat input 

and any group of units at one facility which is located in Zone 

Three or Zone Four, having a combined rated hourly capacity 

of greater than 450,000,000 British Thermal Units (BTU) 

gross heat input, and which were in operation prior to May 6, 

1968, shall be subject to the standards specified in Table l for 

Zone One. 

(e) On and before December 14, 2012, any person 

responsible for the use of bituminous coal who believes that 

bituminous coal containing a maximum allowable percent 

sulfur by weight as set forth in Table l cannot be used in a 

specific steam generating unit may submit data to the 

Department setting forth justification for a less restrictive 

percent of sulfur content by weight in bituminous coal . The 

Department may authorize the use of a less restrictive percent 

of sulfur by weight in bituminous coal . Any less restrictive 

percent of sulfur content by weight in bituminous coal 

authorized by the Department shall not exceed 1 .5 percent, 

except as provided in (f) below. 

(f) On and before December 14, 2012, the Department 

may authorize the use of bituminous coal not exceeding a 

maximum sulfur content of 3.5 percent by weight (dry basis) 

at existing facilities in Zone One if: 

1 . The person responsible for the use of bituminous 

coal demonstrates that bituminous coal, containing one 

percent sulfur or less by weight and suitable for use in the 

specific steam generating unit, is not reasonably available 

in sufficient quantities ; and 

2. Sulfur dioxide levels in the ambient atmosphere will 

at no time exceed or jeopardize the ambient air quality 

standards set forth in N.J .A.C . 7:27-13 ; and 

3. The sulfur content of the bituminous coal burned at 

the facility represents the minimum sulfur content coal 

which can be used by the facility and is reasonably 

available in sufficient quantity ; and 

4. The person responsible for the use of bituminous 

coal agrees to such monitoring and reporting requirements 

as the Department may deem appropriate to ensure 

compliance with the conditions set forth in this subsection ; 

and 

5. The person responsible for the use of bituminous 

coal submits to the Department for such authorization an 

application which considers and addresses as a minimum, 

in addition to the above, the following criteria : 

i . Physical surroundings of the coal-fired steam 

generating unit ; 

ii . Population density of the surrounding area; 

7 :27-10 .2 

iii . Dispersion characteristics of the source ; 

iv . Topography of the immediate vicinity ; and 

v. Aesthetic and nuisance effects . 

(g) On and before December 14, 2012, authorizations 

granted pursuant to (f) above shall be valid for a period not to 

exceed five years from the date of issuance and may be 

renewed upon application to the Department, setting forth 

reasons and justifications for such renewal, including a 

demonstration of continued conformance with the provisions 

of (f) above. 

(h) On and after December 15, 2012, unless otherwise 

specified in an enforceable agreement with the Department, 

the owner or operator of any source that combusts solid fuel 

shall cause it to emit SOZ at a 24-hour emission rate no 

areater than 0 .250 pounds per 1,000,000 BTU gross heat 

input for every calendar day, and at a 30-calendar-day rolling 

average emission rate no greater than 0 .150 pounds per 

1,000,000 BTU gross heat input. The owner or operator shall 

determine each 24-hour emission rate and each 30-calendarday rolling average emission rate in accordance with N.J .A .C . 

7:27-10 .5 . 

(i) Any source that combusts solid fuel, and that is 

constructed, installed, reconstructed or modified, is also 

subject to state-of-the-art requirements at N.J .A.C . 7:27-8 .12 

and 22 .35, lowest achievable emission rate requirements at 

N.J .A .C . 7:27-18, and best available control technology 

requirements at 40 CFR 52.21 incorporated herein by 

reference, as applicable . 

(j) The owner or operator of a boiler that is subject to (h) 

above may request up to a one-year extension to the 

December 15, 2012 compliance deadline required by (h) by 

sending a written request to the address at N.J .A .C . 7 :27-

10 .5(d). The request shall document the reasons the extension 

is needed . The Department will approve an extension request 

only if compliance by December 15, 2012 is not possible due 

to circumstances beyond the control of the owner or operator 

that are not reasonably foreseeable, including, but not limited 

to, the unavailability of a control apparatus needed to comply 

with the December 15, 2012 compliance deadline or a 

contractor needed to install the control apparatus. 

As amended, R.1981 d.185, effective June 4 . 1981 . 

See : 12 N.J .R . 571(a), 13 N.J .R. 341(a) . 

Substantially amended. 

Administrative correction to (c). Table 2. 

See: 21 N.J .R . 2991(a) . Amended by R.2009 d .137, effective April 20, 2009 (operative May 19 . 

2009) . 

See : 40 N.J .R . 4390(a), 41 N.J .R . 1752(a) . 

In (a) and (b). substituted "On and before December 14 . 2012. no" for 

"No"; in (c) and (f), substituted "On and before December 14. 2012. the" 

for "The"; in (d) and (e) . substituted "On and before December 14 . 2011 

any" for "Any": and added (h) through (j) . 

27-68.5 Supp .5-18-09 
7:27-10 .3 

7:27-10 .3 Expansion, reconstruction or construction of 

solid fuel burning units 

(a) No person shall expand or reconstruct an existing solid 

fuel-fired steam generating unit or construct a new solid fuelfired steam generating unit having a rated hourly capacity that 

exceeds, or would exceed, as a result of expansion, construction, and/or reconstruction, 250,000,000 British Thermal 

Units (BTU) gross heat input unless it is demonstrated to the 

Department that : 

1 . The sulfur dioxide emissions caused by the combustion of solid fuel from any stack or chimney into the 

outdoor atmosphere, except as provided under (a)2 or (a)3 

below, do not exceed 0.60 pounds of sulfur dioxide per 

1,000,000 British Thermal Units (BTU) gross heat input 

and 30 percent of the potential combustion emission rate of 

sulfur dioxide determined as a 30-day rolling average; or 

2 . The sulfur dioxide emissions from a unit which combusts anthracite coal exclusively do not exceed 1 .20 

pounds of sulfur dioxide per 1,000,000 British Thermal 

Units (BTU) gross heat input determined as a 30-day 

rolling average; or 

3 . The sulfur dioxide emissions, if the unit is a resource 

recovery facility, do not exceed 1 .20 pounds of sulfur 

dioxide per 1,000,000 British Thermal Units (BTU) gross 

heat input determined as a 30-day rolling average. 

(b) Compliance with the standards of (a) above shall be 

determined in accordance with the provisions of 40 CFR Part 

60 Subpart Da. 

(c) No person shall expand or reconstruct an existing solid 

fuel-fired steam generating unit or construct a new solid fuelfired steam generating unit, not subject to the provisions of 

(a) above, having a rated hourly capacity that equals or 

exceeds, or would equal or exceed as a result of expansion, 

construction, and/or reconstruction, 1,000,000 British Thermal Units (BTU) gross heat input unless it is demonstrated to 

the Department that : 

1 . The sulfur dioxide emissions, caused by the combustion of solid fuel, excluding coke and anthracite coal, from 

any stack or chimney into the outdoor atmosphere can be 

controlled to levels that do not exceed at any time 0.30 

pounds of sulfur dioxide per 1,000,000 British Thermal 

Units (BTU) gross heat input; or 

2 . The solid fuel, excluding coke and anthracite coal, 

used to fire such a facility will at no time contain more than 

0.20 percent sulfur by weight; or 

3. Anthracite coal or coke used to fire such a facility 

will at no time contain more than 0 .8 percent sulfur by 

weight; or 

4. The sulfur dioxide emissions, if the unit is a resource 

recovery facility, do not exceed 1 .20 pounds of sulfur 

ENVIRONMENTAL PROTECTION 

dioxide per 1,000,000 British Thermal Units (BTU) gross 

heat input determined as a 30-day rolling average. 

As amended, R.1981 d.185, effective June 4, 1981 . 

See : 12 N.J .R. 571(a), 13 N.J .R. 341(a) . 

Substantially amended. 

7:27-10.4 Exemptions 

(a) The provisions of this subchapter shall not apply to 

coal used by ocean-going vessels. 

(b) In any case in which it is demonstrated to the department that a bona fide pilot installation of an approved stackgas cleaning process is to be made, the use of nonconforming 

solid fuel to the extent necessary, in the judgment of the 

Department, to evaluate the effectiveness of the process will 

not be prohibited by this subchapter . 

(c) Nonbanded coal containing not more than 1 .0 percent 

sulfur by weight may be burned solely for heating purposes in 

one or two family residences only in combustion equipment 

in use for such purposes prior to October 1, 1971 . 

As amended, R.1981 d .185, effective June 4, 1981 . 

See : 12 N.J .R. 571(a), 13 N.J .R. 341(a) . 

(b) : "solid fuel" was "coal" . 

(c) : Anthracite exemption deleted . 

7 :27-10 .5 SOZ emission rate determinations 

(a) For purposes of N.J .A.C . 7:27-10 .2(h), a 24-hour 

emission rate shall be calculated as follows: 

1 . Measure the emissions for each one-hour block 

using a certified Continuous SOZ Emissions Monitoring 

System, a certified continuous oxygen emissions monitoring system, and EPA Method 19, "Determination of Sulfur 

Dioxide Removal Efficiency and Particulate Matter, Sulfur 

Dioxide, and Nitrogen Oxide Emission Rates," as identified at 40 CFR Part 60, Appendix A, incorporated herein 

by reference. An owner or operator may seek approval of 

an alternative Department approved method to use instead 

of EPA Method 19, only if the owner or operator is 

combusting clean, unprocessed wood, in which case the 

owner or operator shall submit a written application to the 

Department at the address at (d) below; and 

2 . Average the emissions determined for the one-hour 

blocks from (a) l above for one calendar day during which 

combustion of solid fuel occurred . The 24-hour emission 

rate shall include only the one-hour blocks during which 

solid fuel is combusted. For example, if a source 

combusted solid fuel from midnight to 4:00 A.M. and did 

not operate from 4:00 A.M . to midnight, the 24-hour 

emission rate is calculated by adding the total of the 

emissions from the four one-hour blocks from midnight to 

4 :00 A.M . and dividing that sum by four . 

(b) For purposes of N.J .A.C . 7:27-10 .2(h), a 30-calendarday rolling average emission rate shall be calculated as 

follows: 

Supp. 5-18-09 27-68.6 Next Page is 27-68.6 .1 
AIR POLLUTION CONTROL 

1 . Pursuant to (a) above, determine the 24-hour 

emission rates for 30 consecutive calendar days; 

2 . Divide the sum of the 24-hour emission rates by the 

total number of days on which the source was operated, 

during the 30-consecutive-day period, pursuant to (b)4 

below. The result is the 30-calendar-day rolling average 

emission rate for the 30th day; 

3 . Calculate a new 30-calendar-day rolling average 

emission rate for each subsequent calendar day pursuant to 

(b) I and 2 above ; and 

4 . Any calendar day during which no combustion of 

solid fuel occurred shall not be included in the 30-calendarday rolling average emission rate . For example, if a source 

did not combust solid fuel during two calendar days of a 

30-calendar-day rolling average emission rate period, the 

24-hour emission rates of the 28 days during which 

emissions occurred would be used to determine the 30-

calendar-day rolling average emission rate . The total 

emissions for the 28 days would be divided by 28, not 30. 

(c) For purposes of N.J .A.C . 7:27-10 .2(h), when 

calculating a SOZ emission rate for an affected coal-fired unit, 

the owner or operator may exclude SOZ emissions as follows: 

1 . In calculating a 30-calendar-day rolling average SOZ 

emission rate for a unit that has ceased firing fossil fuel, for 

a period of time not to exceed two hours, from the restart 

of the unit to the time that the unit is fired with coal ; and 

2 . In calculating a 24-hour SOZ emission rate for a unit, 

the period of time in which the unit is not fired with coal . 

(d) The owner or operator submitting a written application 

to the Department pursuant to (a)1 above shall submit the 

application to the following address : 

Assistant Director, Air Quality Permitting 

Element 

Division of Air Quality 

New Jersey Department of Environmental 

Protection 

401 East State Street 

PO Box 027 

Trenton, NJ 08625-0027 

New Rule_ R.2009 d .137 . effective April 20. 2009 (operative May 19, 

2009) . 

See : 40 N.J .R . 4390(a). 41 N.J .R. 1752(a) . SUBCHAPTER 11 . INCINERATORS 

7 :27-11 .1 Definitions 

The following words and terms, when used in this 

subchapter, shall have the following meanings unless the 

context clearly indicates otherwise. 

7 :27-11 .1 

"Auxiliary fuel" means fuel other than waste materials 

used to attain temperatures sufficiently high to dry and ignite 

waste materials, to maintain ignition, or to effect complete 

combustion of combustible solids, vapors and gases. 

"Common incinerator" means an incinerator designed and 

used to burn waste materials of Types 0, 1, 2 and 3 only, in 

all capacities not exceeding 2,000 pounds per hour of waste 

material input. 

"Control apparatus" means any device which prevents or 

controls the emission of any air contaminant. 

"Department" means the State Department of Environmental Protection . 

"Existing incinerator" means an incinerator purchased, 

acquired or used before the effective date of this subchapter . 

"Incinerator" means any device, apparatus, equipment or 

structure used for destroying, reducing or salvaging by fire 

any material or substance including but not limited to refuse, 

rubbish, garbage, trade waste, debris or scrap or a facility for 

cremating human or animal remains. 

"Liquid particles" means particles which have volume but 

are not of rigid shape and which upon collection tend to 

coalesce and create uniform homogeneous films upon the 

surface of the collecting media. 

"Multiple chamber incinerator" means an incinerator with 

two or more refractory-lined combustion chambers in series 

physically separated by refractory walls, interconnected by 

gas passages, and employing adequate design parameters 

necessary for maximum combustion of the waste materials. 

"Municipal incinerator" means an incinerator owned or 

operated by government or by a person who provides 

incinerator service to government or others, and designed and 

used to burn waste materials of any and all types, 0 to 6 

inclusive. 

"New incinerator" means an incinerator purchased or 

constructed after the effective date of this Subchapter. 

"Particles" means any material, except uncombined water, 

which exists in a finely divided form as liquid particles or 

solid particles at standard conditions . 

"Pathological waste incinerator" means an incinerator 

designed and used to burn Type 4 waste materials, primarily 

human and animal remains, in all burning capacities . 

Crematoriums are included in this category . 

"Ringelmann smoke chart" means the "Ringelmaml Scale 

for Grading the Density of Smoke" published by the United 

States Bureau of Mines or any chart, recorder, indicator or 

device for the measurement of smoke density which is 

approved by the Department as the equivalent of the 

Ringelmann Scale. 

27-68.6 .1 Supp. 5-18-09