# ENCLOSUREl

LIST OFPUBLICNOTICEACTIONS TAKEN BYTHEDEPARTMENT

On or aboutNovember 16, 2009, theDepartment took the following actions to provide timely notice oftheproposed rule amendmentsto N..T.A.C. 7:27-9: Sulfurin Fuel and repeal ofN.J.A.C. 7:27-9.5:

1. Publishedtheproposednewrules and amendmentsin the NewJerseyRegisteron November 16, 2009 at 41 N..T.R.4156(a). Published legal advertisementsproviding noticeoftheproposal, the date and locationofthepublic hearing, specificationofthe publiccommentperiod, and the addressfor submissionofwritten commentsin five newspapersofgeneral circulation (copies ofthe legal advertisementand affidavits ofitspublicationare enclosed): 3. DistributedcopiesofaNoticeofProposal to the NewJerseynewsmediamaintaining a pressofficein the NewJersey StateHouseComplex: 4. Posted a copyoftheproposalon the Department'swebsite: 5. Mailed copies ofthe proposal to 14public librariesthroughouttheState, as well as to theDepartment's threeregional officesanditspublicaccess center: 6. Mailednotice ofthe publichearing and copiesofthe proposal to the following states: Connecticut, Delaware, Maine,Maryland,Massachusetts, New Hampshire,NewYork,Pennsylvania, RhodeIsland, Vermont,Virginia, and the DistrictofColumbiaas well as the NESCAUM and MARAMAregional planninggroups; 7. Senta copyoftheproposal to EPARegion 2: 8. ElectronicallyemailedaNotice ofPublic Hearing andAvailabilityofthe Proposal to approximately350 mterestedparties: 9. MailedaNotice ofPublicHearingandAvailabilityofthe Proposal to approximately23 interestedparties: 10. TheDepartmentheld apublichearingfor the proposal onJanuary5,20I0, at the DepartmentHeadquarters Building.401 E. State Street,Trenton,NewJersey. andacceptedcommentsuntil close ofbusiness.January IS, 2010. The summaryofpubliccommentand the Department'sresponsesare contained in the adoption document. whichwaspublished in the NewJerseyRegisteron September20,2010at42 NJ.R.2244: 11. TheDepartmentextended the written commentperioduntil March 15,2010andheld anothermeeting with stakeholderson the proposedrule on March 8, 2010 to ensure thatanadequate opportunityto commenton theproposed rule wasprovided.

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# ENCLOSURE2

NoticeofPublicHearingand availabilityofthe proposedrule amendments to N.J.A.C. 7:27-9

- Sulfurin Fuelsas publishedin newspapersthroughouttheState

!'C\I JentTis (/11 Equa! ()ppor"fllu\' Emp!owr I!'I"/I1/C" Oil Ncc\,('/ct! I'aprra/1({Rccvc!ahlr

### Print Page 1of1

The newspapers of New Jersey make public notices from their printed pages available electronically in a single database for the benefit ofthe public. This enhances the legislative intent of public notice

- keeping a free and independent public informed about activities oftheir government and business activities that may affect them. Importantly, Public Notices now are In one place on the web (WYllw.PublicNoticeAds.cOJll), not scattered among thousands of government web pages.
County: 

### Essex Printed In: 

### The Star-Ledger, Newark Printed On: 

### 2009/11/09

Subject: NJAC 7:27-9: Proposed Amendment to New Jersey's Sulfur in Fuels Rule; Proposed Revisions To New Jersey's State Implementation Plan Addressing Fine Particulate Matter (PM2.5) and Regional Haze Take notice that the New Jersey Department of Environmental Protection (Department) is proposing to amend its rules at N.J.A.C. 7:27-9, Sulfur in Fuels, specifically I\J.J.A.C. 7:27-9.2, to lower, and thus make more stringent, the maximum sulfur content standard and maximum sulfur dioxide (S02) emissions standards for fuel oil sold for use in New Jersey. Both the existing and the proposed amended standards are based on the grade ofthe fuel oil; that is numbers 1, 2, 4, 5 and 6 grade fuel oils. The Department is proposing a first phase of more restrictive maximum sulfur content standards for all grades offuel oil (except No.5, NO.6 and heavier grades in Zones 3, 4 and 6), to take effect July 1, 2014. This includes reducing the sulfur content in NO.2 oil (home heating oil) and lighter grade fuel oil from over 2000 parts per million (ppm) to 500 ppm in the first phase. The Department is also proposing
a second phase of more stringent maximum sulfur content standards to 15 ppm for NO.2 and lighter grade fuel oil, to take effect July 1, 2016. Analogous changes to the maximum S02 emissions standards, would also be effective July 1, 2014 and July 1, 2016. The proposed amendments affect those who store, offerfor sale, sell, deliver or exchange fuel oils for use in New Jersey, as well as the users of these fuel oils. The Department is also proposing to repeal N.J.A.C. 7:27-9.5, which allows the use of high sulfur oil for units being converted to coal. This is inconsistent with the proposed oil standards and current permitting reqUirements. The proposal is scheduled to be published in the New Jersey Register dated November 16, 2009. Copies ofthe Department's proposal(PDF) are available from the Department's web site, the Department's Public Information Center at 401 E. State Street in Trenton, the Department's Regional Enforcement Offices, a number of public libraries throughoutthe State, and, for a fee, LexisNexis Customer Service at (800) 223-1944 orwww.lexisnexis.com/bookstore. For more information on obtaining copies, please contact: Ms. Willa Williams NJDEP Air Quality Planning 401 E. State Street, 7th Floor P.O. Box 418 Trenton, NJ 08625-0418 phone: (609) 292-6722 fax: (609) 633-6198 willa.williams@dep.state.nj.us A public hearing concerning the proposal is scheduled as follows: Tuesday, January 5,2010, at 10:00 a.m. at NJ Department of Environmental Protection Building, Public Hearing Room (1st Floor) 401 East State Street, Trenton, New Jersey Written comments may be submitted by close of business, Friday, January 15, 2010, to: NJ Department of Environmental Protection Alice A. PreVite, Esq. Attn: DEP Docket # 

### 14-09-10/678 Office of Legal Affairs 401 East State Street, 4th Floor P.O. Box 402 Trenton, New Jersey 08625-0402 11/9/09 $131.08

Public Notice 10: 11353810



### http://www.publicnoticeads.com/nj/searchlview.asp?T

## =PN&id=282\11062009_1135381().

... 12/9/2000

### Print Page 1of1

The newspapers of New Jersey make public noticesfrom their printed pages available electronically in a single database for the benefit of the public. This enhances the legislative intent of public notice

- keeping a free and independent public informed about activities of their government and business activities that may affect them, Importantly, Public Notices now are in one place on the web (ww",",-,PublicNotlceAcJs,com), not scattered among thousands ofgovernment web pages,
County: Mercer Printed In: The Times, Trenton Printed On: 2009/11/03

Subject: NJAC 7:27-9: Proposed Amendment to New Jersey's Sulfur in Fuels Rule; Proposed Revisions To New Jersey's State Implementation Plan Addressing Fine Particulate Matter (PM2.5) and Regional Haze

Take notice that the New Jersey Department of Environmental Protection (Department) is proposing to amend its rules at N.J.A,C. 7:27-9, Sulfur in Fuels, specifically NJ.A.C. 7:27-9.2, to lower, and thus make
more stringent, the maximum sulfur content standard and maximum sulfur dioxide (S02) emissions standards for fuel oil sold for use in New Jersey. Both the eXisting and the proposed amended standards are based on the grade ofthe fuel oil; that is numbers 1, 2,4, 5 and 6 grade fuel oils. The Department is proposing a first phase of more restrictive maximum sulfur content standards for all grades offuel oil (except No.5, No.6 and heavier grades in Zones 3, 4 and 6), to take effect July 1, 2014. This includes reducing the sulfur content in No.2 oil (home heating oil) and lighter grade fuel oil from over2000 parts per million (ppm) to 500 ppm in the first phase. The Department is also proposing a second phase of more stringent maximum sulfur content standards to 15 ppm for No.2 and lighter grade fuel oil, to take effect July 1, 2016. Analogous changes to the maximum S02 emissions standards, would also be effective July 1, 2014 and July 1, 2016. The proposed amendments affect those who store, offer for sale, sell, deliver or exchange fuel oils for use in New Jersey, as well as the users ofthese fuel oils.

The Department is also proposing to repeal NJ.A.C. 7:27-9.5, which allows the use of high sulfur oil for units being converted to coal. This is inconsistent with the proposed oil standards and current permitting requirements. The proposal is scheduled to be published in the New Jersey Register dated November 16, 2009. Copies of the Department's proposal(PDF) are available from the Department's web site, the Department's Public Information Center at 401 E. State Street in Trenton, the Department's Regional Enforcement Offices, a number of public libraries throughout the State, and, for a fee, LexisNexis Customer Service at (800) 223­ 1944 or www.lexisnexis.com/bookstore. For more information on obtaining copies, please contact: Ms. Willa Williams NJDEP Air Quality Planning 401 E. State Street, 7th Floor P.O. Box 418 Trenton, NJ 08625-0418 phone: (609) 292-6722 fax: (609) 633-6198 willa.williams@dep.state.nj.us A public hearing concerning the proposal is scheduled as follows: Tuesday, January 5, 2010, at 10:00 a.m. at NJ Department of Environmental Protection Building, Public Hearing Room (1st Floor) 401 East State Street, Trenton, New Jersey Written comments may be submitted by close of business, Friday, January 15, 2010, to: NJ Department of Environmental Protection Alice A. Previte, Esq. Attn: DEP Docket # 14-09-10/678 Office of Legal Affairs 401 East State Street, 4th Floor P.O. Box 402 Trenton, New Jersey 08625-0402 Fee: $36.16 11/3/09 The Times

Public Notice 10: 11311371



### http://www.publicnoticeads.com/nj/search/view.asp?T=PN&id=289\11022009113] 1371.... 12 1

### 9/200C;

### Print 

## Page 1of.2

The newspapers of New Jersey make public notices from their printed pages available electronically In a single database for the benefit ofthe public. This enhances the legislative Intent of public notice

- keeping a free and independent public informed about activities oftheir government and business activities that may affect them. Importantly, Public Notices now
are in one place on the web**(\'L\V\"L.P.upll(;;N9Jl£:e~d.s.cQm),** not scattered among thousands of government web pages.


### County: Atlantic 

### Printed In: The Press ofAtlantic City, Pleasantville 

### Printed On: 2009/11/05

NOTICE
Subject: NJAC 7:27-9: Proposed Amendment to New Jersey's Sulfur in Fuels Rule; Proposed Revisions To NewJersey's State Implementation Plan Addressing Fine Particulate Matter (PM2.5) and Regional Haze

Take notice that the New Jersey Department of Environmental Protection (Department) is proposing to amend its rules at N.J.A.C. 7:27-9, Sulfur in Fuels, specifically N.J.A.C. 7:27-9.2, to lower, and thus make more stringent, the maximum sulfur content standard and maximum sulfur dioxide (S02) emissions standards for fuel oil sold for use in New Jersey. Both the existing and the proposed amended standards are based on the grade ofthe fuel oil; that is numbers 1, 2,4, 5 and 6 grade fuel oils. The Department is proposing a first phase of more restrictive maximum sulfur content standards for all grades offuel oil (except No.5, No.6 and heavier grades in Zones 3,4 and 6), to take effectJuly 1, 2014. This includes reducing the sulfur content in No.2 oil (home heating oil) and lighter grade fuel oil from over 2000 parts per million (ppm) to 500 ppm in the first phase. The Department is also proposing a second phase of more stringent maximum sulfur content standards to 15 ppm for No.2 and lighter grade fuel oil, to take effectJuly 1, 2016. Analogous changes to the maximum S02 emissions standards, would also be effective July 1, 2014 and July 1, 2016. The proposed amendments affect those who store, offer for sale, sell, deliver or exchange fuel oils for use in New Jersey, as well as the users ofthese fuel oils.

The Department is also proposing to repeal N.J.A.C. 7:27-9.5, which allows the use of high sulfur oil for units being converted to coal. This is inconsistentwith the proposed oil standards and current permitting requirements.

The proposal is scheduled to be published in the New Jersey Register dated November 16, 2009. Copies ofthe Department's proposal(PDF) are available from the Department's web site, the Department's Public Information Center at 401 E. State Street in Trenton, the Department's Regional Enforcement Offices, a number of public libraries throughout the State, and, for a fee, LexisNexis Customer Service at (800) 223-1944 or www.lexisnexis.com/bookstore. For more**informa~ion** 

### on obtaining copies, please contact:

Ms. Willa Williams NJDEP Air Quality Planning 401 E. State Street, 7th Floor P.O. Box 418 Trenton, NJ 08625-0418 phone: (609) 292-6722 fax: (609) 633-6198 willa.williams@dep.state.nj.us

A public hearing concerning the proposal is scheduled as follows:
Tuesday, January 5, 2010, at 10:00 a.m. at NJ Department of Environmental Protection BUilding, Public Hearing Room (1st Floor) 401 East State Street, Trenton, New Jersey

Written comments may be submitted by close of business, Friday, January 15, 2010, to:



### http://www.publicnmiceads.com/nj/search/view.asp?T=PN&id=982..1 1042009_1133224CJ.... 12l

### 9/2009

### Print

I\JJ Department of Environmental Protection Alice A. Previte, Esq. Attn: DEP Docket # 14-09-10/678 Office of Legal Affairs 401 East State Street, 4th Floor P.O. Box 402 Trenton, New Jersey 08625-0402 Printer Fee: $55.86 #0090552783 Pub Date: November 5, 2009 

### Page2of2

Public Notice ID: 11332240



### http://www.publicnoticeads.com/nj/search/viev

...asp?T=PN&id=982\11042009_11332240.... 12/9/2009

### Print Page 1

## of 1

The newspapers of New Jersey make public notices from their printed pages available electronically in a single database for the benefit ofthe public. ThiS enhances the legislative intent of public notice

- keeping afree and independent public informed about activities of their government and business activities that may affect them. Importantly, Public Notices now are in one piace on the web (Www,PubilcNQJ1ce.6ds,conJ), not scattered among thousands of government web pages.
County: 

### Monmouth Printed In: 

### Asbury Park Press, Neptune Printed On: 

### 2009/11/04

STATE OF NEW JERSEY
Subject: NJAC 7:27-9: Proposed Amendment to New Jersey's Sulfur in Fuels Rule; Proposed Revisions To New Jersey's State Implementation Plan Addressing Fine Particulate Matter (PM2.5) and Regional Haze Take notice that the New Jersey Department of Environmental Protection (Department) is proposing to amend its rules at N.J.A.C. 7:27-9, Sulfur in Fuels, specifically NJ.A.C. 7:27-9.2, to lower, and thus make more stringent, the maximum sulfur content standard and maximum sulfur dioxide (S02) emissions standards for fuel oil sold for use in New Jersey. Both the eXisting and the proposed amended standards are based on the grade ofthe fuel oil; that is numbers 1, 2,4,5 and 6 grade fuel oils. The Department is proposing a first phase of more restrictive maximum sulfur content standards for all grades offuel oil (except No.5, No.6 and heavier grades in Zones 3, 4 and 6), to take effect July 1, 2014. This includes reducing the sulfur content in No.2 oil (home heating oil) and lighter grade fuel oil from over 2000 parts per million (ppm) to 500 ppm in the first phase. The Department is also proposing
a second phase of more stringent maximum sulfur content standards to 15 ppm for NO.2 and lighter grade fuel oil, to take effect July 1, 2016. Analogous changes to the maximum S02 emissions standards, would also be effective July 1, 2014 and July 1, 2016. The proposed amendments affectthose who store, offer for sale, sell, deliver or exchange fuel oils for use in /\Jew Jersey, as well as the users of these fuel oils. The Department is also proposing to repeal N.J.A.C. 7:27-9.5, which allows the use of high sulfur oil for units being converted to coal. This is inconsistent with the proposed oil standards and current permitting requirements. The proposal is scheduled to be published in the New Jersey Register dated November 16, 2009. Copies ofthe Department's proposal(PDF) are available from the Department's web site, the Department's Public Information Center at401 E. State Street in Trenton, the Department's Regional Enforcement Offices, a number of public librariesthroughout the State, and, for a fee, LexisNexis Customer Service at (800) 223-1944 or www.lexisnexis.com/bookstore. For more information on obtaining copies, please contact: Ms. Willa Williams NJDEP Air Quality Planning 401 E. State Street, 7th Floor P.O. Box 418 Trenton, NJ 08625-0418 phone: (609) 292-6722 fax: (609) 633-6198 willa.williams@dep.state.nj.us A public hearing concerning the proposal is scheduled as follows: Tuesday, January 5, 2010, at 10:00 a.m. at NJ Department of Environmental Protection Building, Public Hearing Room (1st Floor) 401 East State Street, Trenton, New Jersey Written comments may be submitted by close of business, Friday, January 15, 2010, to: NJ Department of Environmental Protection Alice A. Previte, Esq. Attn: DEP Docket # 

### 14-09-10/678 Office of Legal Affairs 401 East State Street, 4th Floor P.O. Box 402 Trenton, New Jersey 08625-0402 ($91.80) 052538

Public Notice 10: 11320392



### http://wWw.publicnoticeads.com/nj/search/view.asp?T=PN&id=680\11032009_ 11320392.... 12/ 9/200LJ

# AffidavitofPublication
Publisher's Fee $73.26 Affidavit$24.75



# StateofNewJersey I } 

# SSe CamdenCounty A '

# J~ t:dr.fU/{!l Personally appeared ! 

## J i
, 

### Ofthe 

### Courier-Post, a newspaperprinted in CherryHill,NewJersey and published in CherryHill, in said County and State, and ofgeneral circulation in said county, who beingduly sworn, deposeth and saith that the advertisement ofwhich the annexed is a true copy, has been published in the said newspaper 1times. once in each issue as fa!lows:



## 11/04/09

/ Sworn andlkubscribed before m'e, this 4 day of 

### November, 2009

Notary Public of New Jersey

SUblect: NJAC 7**:27~9:** Proposed Amendment to New Jersey's Sulfur in Fuels RUle; Proposed Revisions To New Jersey's Stote Implementation Plan Addressing Fine Parficulate Matter (PM2.5) and RegIonal Haze

Take noflce that the New Jersey Department of EnvIron· mental Profectlon (Deportment) Is proposIng to amend Its rUles at N.J.A.C. 7:27-9. Sultur In Fuels. specifically N.J.A.C. 7:27-9.2, to lower, and thus make more stringent, tne maximum sul1ur content standard and maximum sultur dlaxide (502) emissions standards tor tuel 01\ sold 10r use In New Jersey. Both tne existing and the proposed amended standards are based on fhe grade of the fuel 011; that Is numbers 1, 2, 4, 5 and 6 grade tuel oils, The**Depart~** ment Is proposlng a 1irst ohase 01 more restrlctlve maximum sultur content standards for all grodes 01' tuel 011**(ex~** cept No, 5, No, 6 and heavier grades In Zones 3, 4 and 6), to take effect July 1, 2014, This inclUdes redUCing the sultur content in No, 2 011 (home heating all) and lighter grade tuel 011 1rom over 2000 parts oer mIl/ion (ppm) to 500 ppm In the first phase, The Department is also proposing a sec· ond phase 01 more strIngent maxImum sultur content standards to 15 ppm for No, 2 and lighter grade fuel olL to toke effect July 1, 2016. Analogous changes to the maximum 502**em(~sions** standards, would also be effective JulY 1, 2014 and July 1, 2016. The proposed amendments a1­ tect those who store, offer tor sale, sel\, deliver or exchange tuel oIls tor use in New Jersey, as well as fhe users of these tuel oils.

The Department is also proooslng to repeal N.J.A.C. 7 :27­ 9.5, which aHows the use of high sultur 011 tor units beIng converted to coal. ThIs is InconsIstent wIth the proPosed oil standards and current permItting requirements.

The prooosal is scheduled to be published in the New Jer­ sey RegiSTer dated November 16, 2009. Copies 01 the De­ partment's proposal(PDF) are available trom the Depart· ment's web sIte. the Department's Public Information Cen­ ter at 401 E. State Street In Trenton, the Deportment's Re­ gional Enforcement Offlces., a number ot public Hbrarles throughout the State, and, tor 0 tee, LexisNexls Customer Serv'lce at (BOO) 223-1944 or www.lexisnexls.com/ bookstore. For mare Iniormction on obtaining copies, oleose contact:

Ms. WIlla Williams NJDEP Air Quality Planning 40l E. State 5treeL 7th Floor P.O, Box418 Trenton. NJ 08625-0410 phone: (609) 292-6722 fax: (609) 633-6198 wille.wl! 110mstrlldep.state.ni. us

A publlc hearing concernIng the proposal is scheduled as follows;
TuesDaY, January5, 2010, at 10:DD a, m. at NJ Department 01 Environmental Protection BuIlding, Public Hearing Room (lsf Floor) 401 East Sta1t: STr-eel, ifenton, New Jersey

Written commenTs may be SUbmitted by close 01 business, Fr'locy, January 15,2010, to;**~JEmma** 

### NearyPubIC•...,......" MyCommission Explr8a1-22-14