ENCLOSUREl 

LIST OF PUBLIC NOTICE ACTIONS TAKEN BY THE DEPARTMENT 

On or about November 16, 2009, the Department took the following actions to provide timely notice of the proposed 

rule amendments to N..T.A.C. 7:27-9: Sulfur in Fuel and repeal ofN.J.A.C. 7:27-9.5: 

1.	 Published the proposed new rules and amendments in the New Jersey Register on November 16, 2009 at 41 

N..T.R.4156(a). 

Published legal advertisements providing notice of the proposal, the date and location of the public hearing, 

specification of the public comment period, and the address for submission of written comments in five 

newspapers of general circulation (copies of the legal advertisement and affidavits of its publication are 

enclosed): 

3.	 Distributed copies of a Notice of Proposal to the New Jersey news media maintaining a press office in the 

New Jersey State House Complex: 

4.	 Posted a copy of the proposal on the Department's website: 

5.	 Mailed copies of the proposal to 14 public libraries throughout the State, as well as to the Department's 

three regional offices and its public access center: 

6.	 Mailed notice of the public hearing and copies of the proposal to the following states: Connecticut, 

Delaware, Maine, Maryland, Massachusetts, New Hampshire, New York, Pennsylvania, Rhode Island, 

Vermont, Virginia, and the District of Columbia as well as the NESCAUM and MARAMA regional 

planning groups; 

7.	 Sent a copy of the proposal to EPA Region 2: 

8.	 Electronically emailed a Notice of Public Hearing and Availability of the Proposal to approximately 350 

mterested parties: 

9.	 Mailed a Notice of Public Hearing and Availability of the Proposal to approximately 23 interested parties: 

10.	 The Department held a public hearing for the proposal on January 5,20 I0, at the Department Headquarters 

Building. 401 E. State Street, Trenton, New Jersey. and accepted comments until close of business. January 

IS, 20 10. The summary of public comment and the Department's responses are contained in the adoption 

document. which was published in the New Jersey Register on September 20,2010 at 42 NJ.R. 2244: 

11.	 The Department extended the written comment period until March 15,2010 and held another meeting with 

stakeholders on the proposed rule on March 8, 2010 to ensure that an adequate opportunity to comment on 

the proposed rule was provided. 

Ive'" lasev is all Equal (JPP0I"/WlIIV Emplm'('r I !'r"71ec! 011 Reeve/ed !"aper alld Reeve/ah!c 
ENCLOSURE 2 

Notice of Public Hearing and availability of the proposed rule 

amendments to N.J.A.C. 7:27-9 - Sulfur in Fuels as published in 

newspapers throughout the State 

!'C\I JentT is (/11 Equa! ()ppor"fllu\' Emp!owr I !'I"/I1/C" Oil Ncc\,('/ct! I'aprr a/1({ Rccvc!ahlr 
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 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 (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 of the 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, offer for 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 

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 

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 1 of 1 

The newspapers of New Jersey make public notices from 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 of government 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 of the 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 of fuel 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, offer for 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 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 

req ui reme nts. 

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 19/200C; 
Print Page 1 of.2 

The newspapers of New Jersey make public notices from 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 (\'L\V\"L.P.upll(;;N9Jl£:e~d.s.cQm), not scattered among thousands of government web pages. 

County: Atlantic 

Printed In: The Press of Atlantic 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 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 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 of the 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 of fuel 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, offer for 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 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 

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\11 042009_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 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 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 of the 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 of fuel 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, 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 

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 

($91.80) 052538 

Public Notice 10: 11320392 

http://wWw.publicnoticeads.com/nj/search/view.asp?T=PN&id=680\11 032009_ 11320392.... 12 /9/200LJ 
Affidavit of Publication
 

Publisher's Fee $73.26 Affidavit $24.75 

State of New Jersey I } SSe 

Camden County A ' 

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

! J i , 

Of the Courier-Post, a newspaper printed in Cherry Hill, New Jersey and published in Cherry Hill,
 

in said County and State, and of general circulation in said county, who being duly sworn, deposeth and saith
 

that the advertisement of which the annexed is a true copy, has been published in the said newspaper
 

1 times. on ce 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 

ta ke 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! 110 mstrlldep .state.n i. us
 

A publlc hearing concernIng the proposal is scheduled as
 

follows;
 

TuesDaY, January 5, 2010, at 10: DD a, m. at
 

NJ Department 01 Environmental Protection BuIlding,
 

Public Hearing Room (lsf Floor)
 

401 East Sta1t: STr-eel, if enton, New Jersey
 

Written commenTs may be SUbmitted by close 01 business,
 

Fr'locy, January 15,2010, to;
 

~JEmma

Neary PubIC•...,......"
 

My Commission Explr8a 1-22-14