### ENVIRONMENTAL PROTECTION

comply with EPA requirements against any economic impacts. The Department has determined that the human health, environmental and economic benefits of the adopted newrules and amendments outweigh the costs to implement them . Full text of the adoption follows (additions to proposal indicated in boldface with asterisks *thus* ; deletions from proposal indicated in brackets with asterisks *[thus]*) : 

### CHAPTER27 AIR POLLUTIONCONTROL SUBCHAPTER4

. CONTROL AND PROHIBITION OF PARTICLES FROM COMBUSTION OF FUEL 7:27-4.1 Definitions The following words and terms, when used in this subchapter, shall have the following meanings unless the context clearly indicates otherwise.

. . ."Construct" or "construction" means to fabricate or erect equipment or control apparatus at a facility where it is intended to be used, but shall not include the dismantling of existing equipment or control apparatus, site preparation, or the ordering, receiving, temporary storage, or installation of equipment or control apparatus. Unless otherwise prohibited by Federal law, this term shall also not include the pouring of footings or placement of a foundation where equipment or control apparatus is intended to be used.

. "Install" or "installation" means to carry out final setup activities necessary to provide equipment or control apparatus with the capacity for use or service. This term includes, but is not limited to, connection of equipment or control apparatus, associated utilities, piping, ductwork or conveyor systems. This termdoes not include construction, as defined above, or the reconfiguration of equipment or control apparatus to an alternate configuration specified in a permit application and approved by the Department. This termincludes relocation of existing equipment or control apparatus.

. . "Modify" or "modification" means any physical change *[in]*, or change in the method of operation of *[,]* existing equipment or control apparatus that increases the amount of actual emissions of any air contaminant emitted by that equipment or control apparatus or that results in the emission of any air contaminant not previously emitted. This term shall not include normal repair and maintenance. *[A modification may be incorporated into an operating permit through a significant modification, a minor modification, or a seven-day-notice change.]* "Reconstruct" or "reconstruction" means the replacement of part(s) of equipment included in a process unit, or the replacement of part(s) of control apparatus, if the fixed capital cost of replacing the part(s) exceeds both ofthe following amounts: 1 . Fifty percent of the fixed capital cost that would be required to construct a comparable newprocess unit; or, if it is part(s) of control apparatus that is being replaced, 50 percent of the fixed capital cost that would be required to construct comparable new control apparatus; and 2. $80,000, in 1995 dollars, adjusted by the Consumer Price Index (CPI) . 7:27-4.2 Standards for the emission ofparticles (a) On and after *[(the operative date of these amendments)]* *May 19, 2009*, this subsection shall not apply to any coal-fired boiler that is regulated by (b) below

. On and after December 15, 2012, this subsection shall not apply to any coal-fired boiler that is regulated by (c) below . No person shall cause, suffer, allowor permit particles arising from the combustion of fuel to be emitted fromany stack or chimney into the outdoor air in excess of the maximum allowable emission rate set forth in the following table. For a heat input rate between any two consecutive rates shown, the maximumallowable emission rate shall be determined by interpolation: Heat Input Rate (Millions of British Thermal Units per Hour) I 10 20 30 40 50 60 70 80 90 100 120 140 160 180 200 400 600 800 1,000 2,000 3,000 4,000 5,000 6,000 7,000 8,000 10,000 00.6 06 08 09 10 11 12 13 14 14.5 15 16.5 17.5 18.5 19.4 20 40 60 80 100 200 300 400 500 600 700 800 1,000 Note: Heat input rate shall be the sumof the heat input rates ofall fuel burning equipment discharging through a single stack or chimney. (b) The owner or operator of any coal-fired boiler *[or any coal-fired boiler]**, with a* particle control apparatus that is constructed, installed *[,]* *or* reconstructed *[or modified]* and commences operation on or after *[(the operative date of this amendment)]* *May 19, 2009*, unless otherwise specified in an enforceable agreement with the Department, shall cause it to emit particles at a rate no greater than 0 .0150 pounds per MMBTU and shall demonstrate compliance in accordance with the source's approved permit . *The owner or operator shall demonstrate compliance based on the average of three stack tests that have been approved by the Department.* Such a coal-fired boiler or particle control apparatus 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. (c) The owner or operator of acoal-fired boiler, other than those listed in (b) above, that is in operation prior to *[(the operative date of this amendment)]* *May 19,2009* : 1 . Shall not emit particles on" or after December 15, 2012, unless otherwise specified in an enforceable agreement with the Department, at a rate greater than 0.0300pounds per MMBTU or the permitted emission rate in effect as of *[(the operative date of this amendment)]* *May 19, 2009*, whichever is lower; and 2. Shall demonstrate compliance by June 15, 2013, in accordance with the owner or operator's approved permit for the coal-fired boiler. *The owner or operator shall demonstrate compliance based on the average of three stack tests that have been approved by the Department .* (CITE 41 N.J .R 1810) NEW JERSEY REGISTER, MONDAY, APRIL 20, 2009SUBCHAPTER 8. PERMITS AND CERTIFICATES FOR MINOR FACILITIES (AND MAJORFACILITIES WITHOUT AN OPERATING PERMIT) 7:27-8.1 Definitions The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise. *[Former DER credit user" means one who used Discrete Emission Reduction (DER) credits in the three years immediately preceding August 4, 2003 in compliance with the Open Market Emissions Trading Program rules then promulgated at N.J .A .C. 7:27-30 to satisfy the requirements of N .J .A.C. 7:27-16 or 19.]* 7:27-8.3 General provisions (a)-(n) (No change.) *[(o) On and after April 25, 2004, no permittee may use DER credits to comply with a VOC or NO, ; permit limit established pursuant to this subchapter. Notwithstanding (c) above, a former DER credit user who used DER credits to comply with a NO, RACT limit established pursuant to N .J .A.C. 7:27-19 and who would continue to require the use of DER credits to comply with that limit, may, on and after April 25, 2004, use NO, budget allowances, as defined by the provisions of N.J.A.C. 7 :27-31, to comply with that NO, ; RACT limit provided that : 1. The use of such NO, budget allowances conforms with the requirements a N.J.A.C. 7:27-19.27; and 2. The permittee files a seven-day-notice as provided at N .J .A.C. 7:27- 8.20.1* 7:27-8.20 Seven-day-notice changes (a) (No change.) (b) Aseven-day-notice may be used for the following: 1. A change made to a permitted source which meets all three of the following requirements: i.-ii . (No change.) iii . The action will not alter stack parameters or characteristics so as to cause the ground level concentration of an air contaminant to increase in that portion of the atmosphere, external to buildings, to which the general public has access; *or* 2 . Notice indicating that an applicant plans to act at risk under the authority of N

.J .A.C. 7:27-8.24 or 8.25*[ ; or]**.* *[3. Notice of intent to use NO, budget allowances, as defined by the provisions of N

.J .A.C. 7:27-31, by a former DER credit user to comply with a NO, RACT limit in accordance with N .J .A.C. 7:27-19

.27. A notice of intent to use NO, budget allowances shall be filed at least seven days before the start of the calendar quarter for which the NO, budget allowances are to be used]* (c)-(h) (No change.) SUBCHAPTER 10. SULFUR IN SOLID FUELS 7:27-10.1 Definitions The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise.

. . ."Calendar day" means the 24-hour period from 12:00 midnight to 12:00midnight the following day. "One-hour block" means a one-hour time period starting on any hour, for example 12:00midnight to 1 :00 A .M ., or 1 :00 A

.M . to 2:00A

.M . "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. 

### ENVIRONMENTAL PROTECTION 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 1. TABLE 1

EXISTING SOLID FUEL BURNINGUNITS 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 fromany 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

EXISTINGSOLID FUEL BURNINGUNITS Type Fuel Maximum Allowable S02 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 (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 1 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 1 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 maximumsulfur content of 3.5 percent by weight (dry basis) at existing facilities in Zone One if: 1 .-5. (No change.) (g) On and before December 14, 2012, authorizations granted pursuant to (f) above shall be valid for a period not to exceed five years fromthe date ofissuance and may be renewed upon application to the Department, NEW JERSEY REGISTER, MONDAY, APRIL 20, 2009 (CITE 41 N.J.R . 1811)ENVIRONMENTAL PROTECTION

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 greater than 0.250pounds per 1,000,000 BTUgross heat input for every calendar day, and at a 30-calendar-day rolling average emission rate no greater than 0.150pounds per 1,000,000 BTUgross heat input. The owner or operator shall determine each 24-hour emission rate and each 30-calendar-day 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.* 7:27-10.5 SO2 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: l . 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 *[(c)]* *(d)* below ; and 2. Average the emissions determined for the one-hour blocks from(a)1 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 4:00A.M

. and dividing that sum by four. (b) For purposes of N.J .A.C. 7:27-10 .2(h), a 30-calendar-day rolling average emission rate shall be calculated as follows: 1 . Pursuant to (a) above, determine the 24-hour emission rates for 30 consecutive calendar days; 2. Divide the sumofthe 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 new30-calendar-day rolling average emission rate for each subsequent calendar day pursuant to (b)1 and 2 above; and 4. Any calendar day during which no combustion of solid fuel occurred shall not be included in the 30-calendar-day 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 So" s 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, fromthe 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 .* *[(c)]* *(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 ofAir Quality New Jersey Department ofEnvironmental Protection 401 East State Street PO Box 027 Trenton, NJ 08625-0027 SUBCHAPTER 16. CONTROL AND PROHIBITION OF AIR

POLLUTION BYVOLATILE ORGANIC COMPOUNDS 7:27-16.1 Definitions The following words and terms, when used in this subchapter, have the following meanings, unless the context clearly indicates otherwise. "AASHTO" means American Association of State Highway and Transportation Officials. "Aboveground storage tank" or "AST" means any storage tank that is not an underground storage tank. *"Alter" means to effect an alteration of equipment or control apparatus. "Alteration" means one of the following changes to equipment or control apparatus, or to a source operation, for which a permit has been issued: 1 . If the equipment, control apparatus, or source operation is subject to preconstruction permit requirements, a change which requires a permit revision under N.J .A .C. 7:27-8

.18; or 2. If the equipment, control apparatus, or source operation is at a facility for which an operating permit has been issued, a change, which requires a minor modification or a significant modification of the permit under N.J.A.C. 7:27-22.23 or 24.* "AP-42" means the January 1995, 5th edition of the manual entitled "Compilation of Air Pollutant Emission Factors," which is published by the EPA, including supplements A through G and any subsequent revisions, as supplemented or amended and incorporated herein by reference. The manual may be obtained from the National Technical Information Service (NTIS), 5285 Port Royal Road, Springfield, Virginia, 22161, (703) 487-4650; or from the Superintendent of Documents, Government Printing Office, Washington, D .C., 20402, (202) 783-3228. In addition, the manual can be accessed electronically through the EPA Technology Transfer Network CHIEF site at httn ://www

.epa.aov/ttn/chief/ap42/index.html . *["API" means the American PetroleumInstitute, 1220 L Street, NW, Washington, DC 20005-4070, htti) ://www .api .org/.]* *["API 653" means the API's Standard 653, entitled "Tank Inspection, Repair,Alteration and Reconstruction," as supplemented or amended and incorporated herein by reference, availablefromtheAPI, at the address in the definition of"API" above.]* "Asphalt pavement production plant" means a batch type asphalt plant or drummix asphalt plant operated to manufacture asphalt pavement . "Authorized inspection agency" means any one of the following that employs an authorized inspector: 1 . An insurance company that is licensed or registered in New Jersey towrite aboveground storage tank insurance; 2. An owner or operator ofone or more aboveground storage tanks; or (CITE 41 N.J.R. 1812) NEW JERSEY REGISTER, MONDAY, APRIL 20, 2009

### ADOPTIONS

3. An independent organization or person contracted by an aboveground storage tank owner or operator to performan inspection. "Authorized inspector" means *[someone who is certified as an Aboveground Storage Tank Inspector in accordance with Appendix D of API 653, and who is an employee of an authorized inspection agency]* *a person authorized by the tank owner or operator to conduct floating roof inspections. This person may be an employee of the tank owner or operator or a contractor* . "Capacity" means the volume of *[a tank, as shown in the permit, or the tank manufacturer's specifications ifa tank does not have a permit, or as determined by Department's measurements]* *liquid that is capable of being stored in a vessel, determined by multiplying the vessel's internal cross-sectional area by the internal height of the shell*. "Clean produced water" means water containing less than 35 milligrams ofVOCper liter, as determined by the Diesel Range Organics option under EPA SW-846 Method 8015B or NJDEP Method OQAQAM-025, Revision 6, and/or, if necessary, EPA SW-846 Test Method 8260, as supplemented or amended, and incorporated herein by reference. Hydrocarbons heavier than C14, as determined by Test Method ASTM E 260-85, as supplemented or amended and incorporated herein by reference, may be excluded fromthe total concentration. This termwill be used within the context of tank degassing and cleaning operations. EPA SW-846 Method 8015B and EPA SW-846 Test Method 8260 are available from the National Technical Information Service, U.S. Department of Commerce, 5285 Port Royal Road, Springfield, Virginia 22161 ; phone number 1-800-553-6847. NJDEP Method OQA-QAM-025 Reference 6 is available on the Department's website at www .nj, og v/dep/oqa/bboard.html . Test Method ASTM E 260-85 is available fromthe American Society for Testing and Materials (ASTM), 100 Barr Harbor Drive, Post Office Box C700, West Conshohocken, PA 19428-2959 or from

its website at www

.astm .or2. "Cleaning material" means, with respect to a surface coating operation or graphic arts operation, a substance that contains VOCs and that is used for the purpose of removing dirt, grease, oil, or other contaminants from the surfaces of equipment used for the application of surface coatings. "Coating of flat wood paneling and printed hardwood" means the coating of hardwood, plywood, particle board, interior wood panels, exterior siding, exterior wood panels, tile boards, and hardboard paneling. This term includes, but is not limited to, cedar, plywood or redwood stocks, composition hard boards, particle boards, plywood panels, and any other panels or siding constructed of solid wood or a woodcontaining product . This termexcludes the coating of particle board used in furniture manufacturing. "Coldset web lithographic printing" means a lithographic printing process in which ink is allowed to dry naturally through evaporation and absorption*, without the use of a heatset dryer* . "Crude oil" means petroleumextracted fromthe earth and that has not been processed in a refining operation. "Deck fitting" means a functional or operational device on a tank floating roof that substantially closes or seals a penetration in the deck of the floating roofincluding, but not limited to, any access hatch, fixed roof support column and well, gauge float, gauge hatch, sample port, guidepole, ladder and well, rimvent, roof drain, roof leg, and vacuum breaker, and excluding the rimseal system . "Degassing" means the process of removing organic vapors froma storage tank in preparation for human entry. "Domed roof"means a self-supporting fixed roofattached to the top of an external floating roof tank to reduce evaporative losses. "Fixed roof tank" means a tank with a roofthat is permanently affixed to the shell ofthe tank. 

### ENVIRONMENTAL PROTECTION *["Former DER credit user" means one who used Discrete Emission Reduction (DER) credits in the three years immediately preceding August 4, 2003 in compliance with the Open Market Emissions Trading Program rules then promulgated at N .J .A.C. 7:27-30 to satisfy the requirements of N .J .A.C. 7 :27-16 or 19.]* "Fountain solution" means a solution used in lithographic printing operations that renders the non-image areas unreceptive to ink. *"Fountain solution reservoir" means the collection tank that accepts recirculated fountain solutions.* "Gauge float" means a device to indicate the level ofthe liquid within a tank. The float rests on the liquid surface inside a gauge well in the tank. "Gauge hatch/sample ports" means a port that consists of a pipe sleeve equipped with a self-closing gasketed cover (to reduce evaporative losses) and allows hand-gauging or sampling of the stored liquid. The gauge hatch/sample port is usually located beneath the gauger's platform, which is mounted on top of the tank shell . A cord may be attached to the self-closing gasketed cover so that the cover can be opened from the platform . "Graphic arts operation" means the application of one or more surface coating formulations across portions of a surface using one or more letterpress, lithographic, rotogravure or flexographic printers used to produce published material and packaging for commercial or industrial purposes, or any letterpress, lithographic, rotogravure or flexographic printers used to produce vinyl or urethane coated fabric or sheets, or any sheet-fed gravure, screen printing, or fabric printing operations together with any associated drying or curing areas. A single graphic arts operation ends after drying or curing and before other surface coating formulations are applied. For any web line, this term means an entire application system, including any associated drying ovens or areas between the supply roll and take-up roll or folder. This term does not . include any surface coating operation. "Guidepole" means an anti-rotation device that is fixed to the top and bottomof a tank, passing through a well in a floating roof. A guidepole may be solid or be equipped with slots or holes for gauging purposes provided the guidepole is equipped with an appropriate sealing device that prevents openings that expose the stored liquid to the atmosphere. *"Heatset" means a lithographic printing process in which the printing inks are set by evaporation of the ink oils in a heatset dryer.* *"Heatset dryer" means a hot air dryer used in heatset web lithographic printing to heat the printed substrate and to promote the evaporation of ink oils.* "Heatset web lithographic printing" means a lithographic printing operation in which ink is dried rapidly by forced-air heating. *"Hot work" means riveting, welding, flame cutting or other fire or spark-producing operation.* "In-service rooflanding" means a rooflanding in which the tank is not taken out ofservice. "Internal floating roof' means a *[pan type, pontoon type, or doubledeck type cover located inside a fixed roof tank that rests upon and is supported by the organic liquid being contained. An internal floating roof is equipped with closure seals to close the space between the roof edge and tank shell]* *floating roof located inside a vessel with a fixed roof* . "Ladder and well" means a ladder that passes through a well, and is used to access the *[tank bottom of an internal floating roof tank]* *top of the internal floating roof* .ENVIRONMENTAL PROTECTION

"Leak-free" means a condition that exists when the reading on a portable hydrocarbon analyzer is less than 500 ppm, expressed as methane, above background, measured using EPA Method 21, as identified in 40 CFR Part 60, Appendix A, Determination of Volatile Organic Compounds Leaks, incorporated herein by reference.

, . "Letterpress printing" or "letterpress printing operation" means printing using cast metal type or plates on which the image or printing areas are raised above the non-printing areas, the ink rollers touch only the top surface of the raised areas, and the surrounding (non-printing) areas are lower and do not receive ink. A letterpress printing operation includes, but is not limited to, a heatset letterpress printing operation.

. . ."Liquid mounted primary seal" means a primary seal that is mounted in full contact with the liquid in the annular space between the tank shell and the floating roof.

. ."Lithographic printing" or "lithographic printing operation" means printing by a planographic method in which the image and nonimage areas are *[on the same geometric plane.]* *chemically differentiated. The image area is oil receptive, which allows the pigments in the inks to absorb on the substrate. The non-image area is water receptive, which prevents the pigments in the ink from absorbing on the substrate. This method differs fromother printing methods, in which the image is a raised or recessed surface.* A lithographic printing operation includes, but is not limited to, a heatset web lithographic printing operation, a coldset web offset lithographic printing operation, and a sheet-fed offset lithographic printing operation.

. . ."Maximum operating level" means the highest achievable level of fluid within a tank, as determined by the structural design of the tank. In the absence of tank specific design information, the maximumoperating level is equal to tank capacity. "Mechanical shoe seal" means a metallic sheet (the shoe) that is held vertically against the vertical tank wall . The shoe is connected by braces to the floating roof and is held tightly against the wall by springs or weighted levers. A flexible coated fabric (envelope) is suspended from the shoe seal to the floating roof to forma vapor barrier over the annular space between the roof and the primary seal . "Mixing vessel" means, with respect to a surface coating operation or graphic arts operation, any equipment used to develop coatings containing VOCs that involves blending twoor more input streams.

. ."Modify" or "modification" means any physical change in, or change in the method of operation of, existing equipment or control apparatus that increases the amount of actual emissions of any air contaminant emitted by that equipment or control apparatus or that results in the emission of any air contaminant not previously emitted. This termshall not include normal repair and maintenance. Also, for the purposes ofthis definition, "air contaminant" shall have the meaning of "category of air contaminants" in a case where the regulatory limit is placed on a grouping of contaminants (such as VOCs) rather than on a single species of contaminant.

. . ."Non-contact floating roof' means a roof that is located inside an internal floating roof tank that is supported on pontoons several inches above the liquid surface.

. .*"Non-heatset lithographic printing" means a lithographic printing process in which the printing inks are set by absorption and/or oxidation of the ink oils, not by evaporation of the ink oils in a heatset dryer. For the purposes of this subchapter, use of an infrared heater or printing conducted using ultraviolet-cured or electron beam-cured inks is considered non-heatset lithographic printing.*

. . .*"Oily wastewater" means wastewater generated during the refinery process and which contains oil, emulsified oil, or other hydrocarbons. Oily wastewater originates -froma variety of refinery processes including cooling water, condensed stripping steam, tank draw-off, and contact process water.* .: "Organic liquid" means any liquid that contains volatile organie compounds (VOCs) including, but not limited to, crude oils aad petroleum

distillates. *"Out-of-service" means any container, pipe or equipment fronm which all liquid and sludge has been removed, all connecting lines and piping have been disconnected and blanked off, all valves (except for ventilation valves) have been closed and locked and on Which : conspicuous signs have been posted that state that it is out-of-service and note the date of removal fromservice.*

. . "Pole float" means a *[device located inside a guidepole that floats on the surface of the stored liquid, and is used to indicate the liquid level inside the tank.]* *float located inside a guidepole that floats on the surface of the stored liquid. The rimof the float has a wiper or seal that extends to the inner surface of the pole.* "Pole sleeve" means a device that extends fromeither the cover or the rimof an opening in a floating roof deck to the outer surface of a pole that passes through the opening. "Pole wiper" means a seal that extends fromeither the cover or the rim of an opening in a floating roof deck to the outer surface of a pole that passes through the opening.

. . .*["Pressure-vacuumvent" means a vent that is used to minimize tank emissions due to breathing effects.]* "Pressure vessel" means a tank, reservoir, or container that is capable of maintaining working pressures sufficient to prevent organic liquid loss or VOCloss to the atmosphere at all times.

. . ."Primary seal" means a seal mounted belowa secondary seal of a rim : seal systemthat consists of two seals. Aprimary seal, which is in contact with the floating roof tank shell, can be either mechanical shoe, resilient filled, or wiper type. *["Psi" means pounds per square inch.]* *`°Psia" means pounds per square inch absolute.*

. .*"Reconstruction" means the replacement of part(s) of equipment included in a process unit, or the replacement of part(s) of control apparatus, if the fixed capital cost of replacing the part(s) exceeds both of the following amounts: 1 . Fifty percent of the fixed capital cost that would be required to construct a comparable newprocess unit or, if it is part(s) of control apparatus that is being replaced, 50 percent of the fixed capital cost that would be required to construct comparable new control apparatus; and 2. $80,000, in 1995 dollars, adjusted by the Consumer Price Index (CPI) .* "Resilient . filled primary seal" means an envelope filled with resilient foam(non-metallic polyurethane) mounted at the rim of the floating roof that makes contact with the shell . A resilient filled nonmetallic primary seal can be liquid-mounted or vapor-mounted. "Resilient-toroid-type" seal means a core of open-cell foam encapsulated in a coated fabric that is attached to a mounting on the deck perimeter, and is continuous around the floating roofcircumference. "Rim mounted secondary seal" means a secondary seal mounted on the rimof the floating roof of a storage tank. Rimmounted secondary seals are effective at reducing losses from the primary seal fabric. "Rimseal system" means a closure device between the shell of the storage tank and the floating roof edge . A rimseal systemmay consist of two seals, one above the other. The lower seal is referred to as the primary seal and the upper seal is referred to as the secondary seal . "Rimvent" means a vent used on tanks equipped with a seal design, such as a mechanical shoe seal, that creates a vapor pocket in the seal and rimarea. The vent is used to release excess pressure or vacuumthat is present in the vapor space bounded by the primary-seal shoe, the floating roof rim, the primary seal fabric, and the liquid level . Arim vent usually consists of a weighted pallet that rests on a gasketed cover. (CITE 41 N.J.R 1814) NEW JERSEY REGISTER, MONDAY, APRIL 20, 2009ADOPTIONS

"Roof drain" means a drain that permits the removal of rainwater from the surface of external floating roofs. A roof drain may be a closed drainage systemthat carries rainwater from the surface of the floating roof to the outside of the tank, or an open drainage systemconsisting of an open pipe that extends a short distance belowthe bottomof the deck allowing rainwater to drain fromthe surface of the floating roof into the organic liquid contents ofthe tank. "Roof landing" means an event where the liquid level in a floating roof tank is lowered to the point where the floating roof is resting on its legs or is supported fromabove by cables or hangers, and is no longer floating on the surface of the stored liquid. "Roof leg" means an adjustable or fixed leg that is attached to the floating roof deck to support or hold the floating roof deck at a predetermined distance off the tank bottomto prevent damage to the fittings located underneath the deck and to allowfor tank cleaning or repair. For adjustable legs, the load-carrying element passes through a well or sleeve in the deck. "Roof opening" means any opening through a floating roof of a storage tank for any deck fitting. "Secondary seal" means a seal mounted above the primary seal of a rim seal systemthat consists of two seals. Secondary seals can be shoe mounted orrim-mounted. "Sheet-fed offset lithographic printing" means a *non-heatset* lithographic printing process in which individual pages of paper *or other substrate* are fed into the machine. "Shoe mounted secondary seal" means a secondary seal mounted on the primary mechanical shoe . Shoe mounted secondary seals are effective at reducing vapor losses from the gaps between the shoe and the tank shell . *"Slop oil" means the floating oil and solids that accumulate on the surface of an oil-water separator.* "Small producer" means an operator, in the business of crude oil production, who: 1 . Produces an average of less than 6,000 barrels per day of crude oil from all operations within the county; and 2 . Does not engage in refining, transportation, or marketing of refined petroleumproducts. "Tank battery" means, for crude oil production facilities, an aggregation of two or more tanks where the tanks are located so that no one tank is more than 150 feet fromanother tank as measured fromthe closest tank edges, and the tanks are located in the same crude oil production field. "Tank battery" means, for non-crude oil production facilities, an aggregation of two or more tanks located within the same facility, regardless ofthe distance ofthe tanks fromeach other. "Tileboard" means an interior wall paneling product made of hardwood that is designed for use in high moisture areas, such as kitchens and bathrooms.

. ."True vapor pressure" or "TVP" means the equilibriumpartial vapor pressure exerted by an organic liquid at actual storage temperature. "Underground storage tank" means any tank defined as such in N.J.A.C. 7:14B. "Vacuumbreaker" means a device used to equalize the pressure of the vapor space across the floating roof deck as the deck is either being landed on or floated off its legs. *[A vacuumbreaker consists of a well with a cover. Attached to the underside of the cover is a guided leg long enough to contact the tank bottom as the floating roof is being landed. When in contact with the tank bottom, the guide leg mechanically lifts the cover offthe well .]* "Visible gap" means *[an opening that exceeds 0 .060inch]* *a gap of a deck fitting or roof opening of more than 1/8 inch (0.32 centimeters) between any gasket or seal and the opening that it is intended to seal*. ENVIRONMENTAL PROTECTION

. . "Wash coat" means a coating containing binders that raise wood surfaces, prevent undesired staining, and control penetration. *"Web" means a surface coating operation where a continuous roll ofsubstrate is fed.* "Wiper primary seal" means a continuous annular blade of flexible material (for example, rubber, urethane, or foam filled) fastened to a mounting bracket on the deck perimeter that spans the annular rimspace and contacts the tank shell . A wiper seal system may consist of a single primary seal, or dual (multiple) seals where one seal is mounted above the other. "Zero gap" means no gap between the tank shell and the seal shall exceed 0.06 inch. The cumulative length of all gaps exceeding 0 .02 inch shall not be more than five percent of the circumference of the tank, excluding gaps less than 1 .79 inches from vertical seams. "Zero gap pole wiper seal" means a seal with no gap exceeding 0.06 inches between outer surface of the guidepole or gauge well and pole wiper seal . 7:27-16.1A Purpose, scope, applicability, and severability (a)-(f) (No change.) (g) *[Any former DER credit user who used DER credits to comply with a VOC emissions limit established in this subchapter, and who would continue to require the use of DER credits to comply with that limit, shall achieve compliance with that limit by April 25, 2005 and maintain compliance with that limit thereafter. In the case of these former DER credit users, only, deadlines related to the VOCemissions limit compliance deadline that are set forth elsewhere in this subchapter are modified as follows: 1 . The permit application submission deadline established at N.J.A.C. 7:27-16.7 (k)1 is July 25, 2004; 2. The compliance deadline established at N.J .A .C. 7:27-16.7(k)2 is April 25, 2005; 3. The compliance deadline established at N .J .A .C. 7:27-16.8(d) is April 25, 2005; 4. The compliance demonstration deadline established at N.J.A .C. 7:27-16.8(e) is October 25, 2005; 5. The compliance deadline established at N.J .A.C. 7:27-16 .9(d) is April 25, 2005; 6. The compliance demonstration deadline established at N.J.A .C. 7:27-16.9(e) is October 25, 2005; 7 . The compliance deadline established at N .J .A .C. 7:27-16.10(c) is April 25, 2005; 8. The compliance demonstration deadline established at N .J .A .C. 7:27-16.10(d) is October 25, 2005; 9. The compliance deadline established at N .J .A.C. 7:27-16.11(c) is April 25, 2005; 10. The compliance demonstration deadline established at N .J .A.C . 7 :27-16 .11(d) is October 25, 2005; 11 . The compliance deadline established at N .J .A.C. 7:27-16.13(a) is April 25, 2005; 12. The source operation demonstration submission deadline established at N

.J .A.C . 7:27-16.17(b)1 is July 25, 2004; 13. The compliance deadline established at N .J .A .C. 7:27-16.17(b) is April 25, 2005; 14. The emission reduction deadline established at N .J .A .C. 7:27- 16.17(f)2 is April 25, 2005; 15. The Control Measure Plan preparation deadline established at N.J .A .C. 7:27-16.2(a) is July 25, 2004; 16. The emission reduction deadline established at N .J .A .C. 7:27- 16.21(b) is April 25, 2005; and 17. The compliance demonstration deadline established at N .J .A .C. 7:27-16.23(b) and (c) is October 25, 2005.]* *(Reserved)* (h) *[The provisions of (g) above do not apply to a former DER credit user : 1 . Whose only use of DER credits was in satisfaction of either the settlement of a penalty imposed pursuant to N.J.A.C. 7:27A-3.10 or an Administrative Consent Order entered intowith the Department; or NEW JERSEY REGISTER, MONDAY, APRIL 20, 2009 (CITE 41 N.J.R . 1815)ENVIRONMENTAL PROTECTION

2. To extend a deadline contained in an Administrative Consent Order (ACO) entered into with the Department prior to January 1, 2003, unless compliance with the ACO requires the use of VOC DER credits.]* *(Reserved)* (i) (No change.) 7:27-16.2 VOC stationary storage tanks (a) The provisions of this section shall apply to any stationary storage tank that stores only VOC, or that stores VOC and non-VOC, except as set forth in (e) and (f) below . (b) No person shall cause, suffer, allow, or permit the following: 1 . The storage of any applicable VOC in any stationary storage tank that has a maximumcapacity of2,000 gallons (7,570 liters) or greater and is exposed to the rays ofthe sun unless: i. (No change.) ii . An equivalent method of emission control approved by the Department is used; and 2 . The storage of any applicable VOC in any stationary storage tank having a maximumcapacity of 10,000 gallons (37,850 liters) or greater unless, in addition to meeting the requirement in (b)1 above, such stationary storage tank is equipped with control apparatus as determined in accordance with the procedures for using Table 2A or as approved by the Department as being equally or more effective in preventing the emission ofa VOC into the outdoor atmosphere.

Procedure for Using Table 2A (No change.) TABLE 2A (No change.) (c) (No change.) (d) No person shall cause, suffer, allow, or permit the storage of any VOC in any stationary storage tank subject to the provisions of either (b) above in Ranges II and III or (c) above and equipped with gauging and/or sampling systems unless such systems are *[leak-free]* *vapor-tight* . (e) (No change.) (f) The following exemptions apply: 1 . The provisions of (b) above shall not apply to a stationary storage tank, ifthe tank is: i. Maintained under a controlled elevated temperature; ii . Equipped with a vapor control system reducing by at least 98 percent the weight of VOC emissions to the outdoor atmosphere; or iii. A pressurized storage tank designed to operate in excess of 15 pounds per square inch gauge (psig) without any emissions to the atmosphere except under emergency conditions. *2. Any ofthe following tanks shall be exempt from(q) below :* *[2.]* *i .* Any fixed roof storage tank having a capacity of less than 40,000 gallons *[shall be exempt from(q) below .]** ; ii . Any Range I fixed roof storage tank whose contents has a vapor pressure of less than or equal to two psia at standard conditions; and iii . Any Range I or Range II storage tank equipped with a floating roof.* 3. Any external floating roof tank in Range III that was in existence on *[(the day before the operative date of these amendments)]* *May 18, 2009*, and that is not degassed and emptied *[within 120 days after (the operative date of these amendments)]* *by September 16, 2009* shall be temporarily exempt fromcomplying with (1)li belowif the operator has demonstrated to the Department that in order to properly bolt the covers for access hatches and gauge float wells, a flange or other comparable device must be welded to the fitting *or other hot-work must be performed* . The operator shall use equivalent means, such as clamping, to secure the covers during the interimperiod. However, the owner or operator must comply with (I)li belowthe first time the tank is degassed and emptied after *[120 days after (the operative date of these amendments)]* *September 16, 2009* . 4. Any external floating roof tank that contains more than 97 percent by volume crude oil *or more than 97 percent by volume oily wastewater and/or slop oil regulated by 40 CFR Part 60, Supart QQQ, incorporated herein by reference,* shall be exempt from *[(1)2]* *(1)4* below, but shall comply with all other applicable requirements ofthis subchapter. 5. Any floating-roof tank shall not be required to meet the gap seal' requirements at (1)3i through x belowwhile the roof is resting on its leg; during the processes of draining, degassing or refilling the tank. 6. Any floating roof tank subject to a Federally enforceable condition limiting its annual *in-service* roof landing VOCemissions to less than five tons as calculated by AP-42, Chapter 7, may be exempt from (p) below, at the owner or operator's discretion, provided that the owner oroperator shall maintain the records of these calculations pursuant to (s) below and the tank's Operating Permit or Preconstruction Permit, as applicable. *7. Any floating roof tank subject to a Federally enforceable condition in its Operating Permit or Preconstruction Permit, as applicable, limiting the vapor pressure of its contents to less than 1 .5 psia at standard conditions, shall be exempt from (p) belowonly if the tank's records, maintained pursuant to (s)1 below, showthat the vapor pressure of the tank's contents is less than 1 .5 psia under standard conditions.* *[7.]* *8.* Any external floating roof tank in Range III that is subject ' to (1)lvi below

shall be exempt from*[(1)13]* *(1)11* below . *[8.]* *9.* Any tank at (b) above is exempt fromthe *[leak-free]* *vapor-tight* condition at (d) above when gauging or sampling is taking place . In addition, a floating roof tank, is exempt from the *[leak-free]* *vapor-tight* condition at (d) above when the condition at *[(q)lvi below]* *(n)1 or (o)1 below, as applicable,* is met during refilling. (g) (Reserved) (h) No person shall cause, suffer, allow, or permit the storage of any VOC in any stationary storage tank in Range III as determined by Table *[2]**2A* equipped with an external floating roof, unless any such storage tank containing a VOC having a vapor pressure of 1 .0pounds per square inch absolute (50 millimeters of mercury) or greater at standard conditions and having a maximumcapacity of 20,000 gallons (75,700 liters) or greater is equipped with a double seal-envelope combination or equipment approved by the Department as being equally or more effective in preventing the emission of any VOC into the outdoor atmosphere. For the secondary seal, the gap area of gaps exceeding oneeighth inch (0.32 centimeters) in width between the seal and the tank wall shall not exceed 1 .0 square inch per foot (6.5 square centimeters per 0.3 meters) of tank diameter . Any secondary seal shall be intact, with no visible holes, tears or other openings. The requirements of this subsection shall remain in effect for any such tank until the rim seal system requirements at (1)3 belowbecome effective for that tank. (i) (Reserved) (j) (No change.) (k) (Reserved) (1) No person shall cause, suffer, allow, or permit the storage of any VOC in any stationary storage tank unless the provisions of this subsection are met. 1 . The owner or operator of an external floating rooftank in Range III shall, no later than *[(120 days after the operative date of these amendments)]* *September 16, 2009* or the first time the tank is emptied and degassed, whichever occurs first, if the tank was in existence on *[(the day before the operative date of these amendments)]* *May 18, 2009*, or on initial fill if the tank is constructed on or after *[(the operative date of these amendments)]* *May 19, 2009* : i. Equip each access hatch *[and gauge float well]* with a cover that is gasketed and bolted. *Equip each gauge float well with a cover that is either gasketed and weighted or gasketed and bolted.* The cover shall be closed at all times, with no visible gaps, except when the hatch or well must be opened for access; ii . Equip each gauge hatch/sample well with a cover that is gasketed. The cover shall be closed at all times, with no visible gaps., except when the hatch or well must be opened for access; iii . Gasket or cover each adjustable roof leg with a VOC impervious sock at all times when the roofis floating; iv. Gasket each rimvent. Rimvents shall be closed at all times, with no visible gaps, when the roof is floating; and shall be set to open only when the roof is being floated off the roof leg supports or when the (CITE 41 N.J.R

. 1816) NEW JERSEY REGISTER, MONDAY, APRIL 20, 2009

### ADOPTIONS

pressure beneath the rim seal exceeds the manufacturer's recommended setting; v. Gasket each vacuumbreaker . Vacuumbreakers shall be closed at all times, with no visible gaps, when the roof is floating; and shall be set to open only when the roof is being floated off or is being landed on the roof leg supports; vi . Equip each *open floating* roof drain with a slotted membrane fabric cover or other device with an equivalent control efficiency that covers at least 90 percent of the area of the opening*[ . The fabric cover shall be impermeable if the liquid is drained into the contents of the tank]* ; vii . Equip each unslotted guidepole well with a gasketed sliding cover and a flexible fabric sleeve or wiper; viii . Equip each unslotted guidepole with a gasketed cover at the end of the pole. The cover shall be closed at all times, with no visible gaps, except when gauging or sampling; ix. Equip each slotted guidepole with a gasketed cover, a pole wiper and a pole sleeve. The pole sleeve shall be extended into the stored liquid; x. Equip each slotted guidepole having a pole float with a gasketed cover, a pole wiper, and a pole float wiper, The wiper or seal of the pole float shall be at or above the height ofthe pole wiper; xi . Cover each slotted guidepole opening with a gasketed cover at all times, with no visible gaps, except when the cover must be opened for access; xii . Maintain the pole float in a condition such that it floats within the guidepole at all times except when it must be removed for sampling or when the tank is empty; xiii . Except for vacuum breakers and rim vents, ensure that each opening in the external floating roof shall provide a projection below the liquid surface; and xiv. Except for vacuum breakers, rim vents, roof drains, and leg sleeves, equip all other openings in the roofwith a gasketed cover or seal that is closed at all times, with no visible gaps, except when the cover or seal must be opened for access. 2. In lieu of complying with the requirement of no visible gap at (I)Ii, ii, iv, v, viii, xi and xiv above, the owner or operator of an external floating roof tank in Range III may, no later than *[(120 days after the operative date ofthese amendments)]* *September 16, 2009* if the tank was in existence on *[(the day before the operative date of these amendments)]* *May 18, 2009*, or on initial fill if the tank is constructed on or after *[(the operative date of these amendments)]* *May 19, 2009*, maintain all roof openings in a leak-free condition at all times except during preventive maintenance, repair, or inspection periods specified at (r) below

. 3. The owner or operator of *[a]* *an external floating roof* tank in Range III shall equip the tank with a rim seal system meeting the following requirements prior to the initial fill if the tank was constructed on or after *[(the operative date of these amendments)]* *May 19, 2009*, or prior to the date the tank is refilled after being degassed for the first time after *[(the operative date of these amendments)]* *May 19, 2009*, but no later than May 1, 2020 if the tank was in existence on *[(the day before the operative date of these amendments)]* *May 18, 2009* : i. The primary seal shall be a mechanical shoe or liquid mounted; ii . The secondary seal shall be rim mounted and shall not be attached to the primary seal ; iii . Gaps between the tank shell and the primary seal shall not exceed 1 .3 centimeters (1/2 inch) for a cumulative length of 30 percent of the circumference of the tank, and 0.32 centimeters (1/8 inch) for 60 percent of the circumference of the tank. No gap between the tank shell and the primary seal shall exceed 3.8 centimeters (1-1/2 inches) . No continuous gap between the tank shell and the primary seal greater than 0.32 centimeters (1/8 inch) shall exceed 10percent of the circumference of the tank; iv. Gaps between the tank shell andthe secondary seal shall not exceed 0.32 centimeters (1/8 inch) for a cumulative length of 95 percent of the circumference of the tank. No gap between the tank shell and the secondary seal shall exceed 1 .3 centimeters (1/2 inch) ; ENVIRONMENTAL PROTECTION v. Mechanical shoe primary seals shall be installed so that one end of the shoe extends into the stored organic liquid and the other end extends a minimum

vertical distance of 61 centimeters (24 inches) above the stored organic liquid surface; vi . The geometry of the shoe shall be such that the maximum gap between the shoe and the tank shell is no greater than doubled the gap allowed by the seal gap criteria specified in (1)3iii above for a length of at least 46 centimeters (18 inches) in the vertical plane above the liquid surface; vii . The primary seal envelope shall be made available for unobstructed inspection by the Department, upon request, along its circumference. In the case of riveted tanks with resilient filled primary seals, at least eight such locations shall be made available; for all other types ofseals, at least four such locations shall be made available. If the Department deems it necessary, further unobstructed inspection of the primary seal may be required to determine the seal's condition along its entire circumference; viii . The secondary seal shall be installed in a way that permits probes up to 3.8 centimeters (1-1/2 inches) in width to be inserted to measure gaps in the primary seal ; ix. There shall be no holes, tears or openings in the secondary seal or in the primary seal envelope surrounding the annular vapor space enclosed by the roofedge, seal fabric, and secondary seal ; and x. Except during preventive maintenance, repair, or inspection periods specified at (r) belowthat do not exceed 72 hours, both the primary seal and the secondary seal shall cover the annular space between the *[external]* floating roof and the wall ofthe storage tank in a continuous fashion, *[with novisible gaps]* *as required at (1)3iii and iv above* . 4. If an external floating roof tank in Range III stores any VOC with vapor pressure three pounds per square inch absolute or greater at standard conditions, the tank shall be equipped with a domed roofbefore the tank is refilled after the first time the tank is degassed after *[(the operative date ofthese amendments)]* *May 19, 2009*, but no later than May 1, 2020 if the tank was in existence on *[(the day before the operative date of these amendments)]* *May 18, 2009*, or on initial fill if the tank is constructed on or after *[(the operative date of these amendments)]* *May 19,2009* . 5. The owner or operator of a domed external floating roof tank in Range III that is already in operation as of *[(the operative date of these amendments)]* *May 19, 2009* shall, prior to the date the tank is refilled after being degassed the first time after *[(the operative date of these amendments)]* *May 19, 2009*, but no later than May 1, 2020: i . Comply with (1)li through xiv above; ii . Equip the tank with arimseal systemconsisting of either *[a]** :* *(1) A* liquid-mounted primary seal *meeting the requirements for primary seals at (1)3iii, vii and x above and having no tears or openings;* or *[a]* *(2) A* primary and a secondary seal *[,]* meeting the requirements at *[(1)3]* *(1)3i through x* above, including compliance dates, except *[a]* *that: (A) A* mechanical shoe primary seal *[required at (1)3v above]* shall have one end extend a minimumvertical distance of 15 centimeters (six inches) above the stored organic liquid surface and the other end extend into the liquid a minimum of 10 centimeters (four inches) *[ ; and]* *instead of meeting the requirement at (I)3v above; and (B) A vapor-mounted wiper primary seal may be used on a tank with a shell that has riveted or lap-welded horizontal seams instead of the liquid mounted or mechanical shoe primary seal required at (1)3i above; and* iii . Ensure that the concentration of *[gasoline]* *organic* vapor in the vapor space above the domed external floating roof does not exceed 30 percent ofits lower explosive limit. 6. If, on or after *[(the operative date of these amendments)]* *May 19, 2009*, the owner or operator adds a domed roof to an external floating rooftank in Range III, at the time the owner or operator adds the domed roof the owner or operator shall : i. Equip the tank with a rim seal system consisting of primary and secondary seals meeting the specifications and compliance dates listed at (1)3 above; and NEW JERSEY REGISTER, MONDAY, APRIL 20, 2009 (CITE 41 N .J.R. 1817)ENVIRONMENTAL PROTECTION ii . Ensure that the concentration of *[gasoline]* *organic* vapor in the vapor space above the domed external floating roof does not exceed 30percent of its lower explosive limit. 7. On or before the date an internal floating roof tank in Range III is refilled after being degassed for the first time after *[(the operative date of these amendments)]* *May 19, 2009*, but no later than May 1, 2020, if the tank was in existence on *[(the day before the operative date of these amendments)]* *May 18, 2009*, or on initial fill if the tank is constructed on or after *[(the operative date of these amendments)]* *May 19, 2009* the owner or operator ofthe tank shall : i . Equip each fixed roof support column and well with a sliding cover that is gasketed or with flexible fabric sleeves; ii . Equip each ladder well with a gasketed cover. The cover shall be closed at all times, with no visible gaps, except when the well must be opened for access; iii . Equip and maintain other roof openings according to the specifications at (1)1 or *[4]* *2* above; iv. Equip the tank with a rim seal systemconsisting ofeither *[a]** :* *(1) A* liquid-mounted primary seal *meeting the requirements for primary seals at (l)3iii, vii and x above and having no tears or openings;* or *[a]* *(2) A* primary and a secondary seal meeting the *[specifications]* *requirements* at (1)3i through x above, except *[a]* *that : (A) A* mechanical shoe primary seal *[required at (1)3v above]* shall have one end extend a minimumvertical distance of 15 centimeters (six inches) above the stored organic liquid surface and the other end extend into the liquid a minimumof 10 centimeters (four inches) *instead of meeting the requirement at (1)3v above; and (B) A vapor-mounted wiper primary seal may be used on a tank with a shell that has riveted or lap-welded horizontal seams instead of the liquid mounted or mechanical shoe primary seal required at (1)3i above*' v. For an internal floating roof installed prior to *[June 1]* *July 23*, 1984, ensure that the concentration of organic vapor in the vapor space above the internal floating roof shall not exceed 50 percent of its lower explosive limit; and vi . For an internal floating roof installed after *[June I]* *July 23*, 1984, ensure that the concentration of organic vapor in the vapor space above the internal floating roof shall not exceed 30 percent of its lower explosive limit. 8. Any VOC stationary storage tank in Range III as determined from Table 2A shall meet one ofthe following: i. If the tank was constructed or installed on or after December 17, 1979, the tank shall be provided with a double seal floating roof or other control apparatus approved by the Department as being equally or more effective in preventing the emission of any VOC into the outdoor atmosphere. This requirement shall remain in effect for any such tank until (1)3, 5, 6 or 7 above becomes applicable for that tank; or ii . If the tank was constructed or installed prior to December 17, 1979, the requirements of (1)3, 5, 6 or 7 above shall apply as applicable. *[9. An owner or operator of a floating roof tank in Range III may replace a primary seal on the floating roof tank only if the replacement primary seal is one ofthe following: i . Liquid mounted multiple wipers with drip curtain and weight; ii. Liquid mounted mechanical shoe; iii . Liquid mounted single wiper with drip curtain and weight ; iv. Liquid mounted double foamwipers with vapor curtain; or v. An alternative rim seal system, if it is demonstrated to the Department that the alternative rim seal system is better in performance than the rimseal systems at (I)9i through iv above and has a rim seal emission factor that is less than the rim seal systems at (1)9i through iv above . 10. An owner or operator of a floating roof tank in Range III may replace a secondary seal on the floating roof tank only ifthe replacement secondary seal is one of the following: i . Multiple wipers; ii . Single wiper; or iii . An alternative rim seal system, if it is demonstrated to the Department that the alternative rimseal systemis better in performance than the rim seal systems at (1)l0i and ii above, and has a rim seal emission factor that is less than the rim seal systems at (010i and ii' above.]* *[11 .]* *9.* By *[(120 days after the operative date of these_l amendments)]* *September 16, 2009* if a *Range III* fixed-roof tank *without an internal floating roof* was in existence on *[(the day : T before the operative date ofthese amendments)]* *May 18, 2009*, or by ., the initial fill if a tank is constructed on or after *[(the operative date of',-, these amendments)]* *May 19, 2009*, *[and if the fixed roof tank h~ a, .~ capacity of 40,000 gallons or greater storing any VOC with a vapot :~ pressure of 0.5 pounds per square inch absolute or greater at standard ° conditions,]* the owner or operator shall : i. Equip any gauging or sampling device on the tank with a leak-free cover which shall be closed at all times, with no visible gaps, except during gauging or sampling; ii . Maintain the fixed roof in a leak-free condition with no holes, tears or uncovered openings; and iii. Install and maintain each roof opening in a leak-free condition at all times. *[12.]* *10.* No person shall cause, suffer, allow, or permit the storage of any VOC in any stationary storage tank in Range I or II as determined by Table 2A equipped with an external floating roof, unless any such storage tank containing a VOC having a vapor pressure of 1 .0 pounds per square inch absolute (50 millimeters ofmercury) or greater at standard conditions and having a maximumcapacity of 20,000 gallons (75,700 liters) or greater is equipped with a double seal-envelope combination or equipment approved by the Department as being equally or more effective in preventing the emission of any VOCinto the outdoor atmosphere. For the secondary seal, the gap area of gaps exceeding oneeighth inch (0.32 centimeters) in width between the seal and the tank wall shall not exceed 1 .0 square inch per foot (6.5 square centimeters per 0.3 meters) of tank diameter. Any secondary seal shall be intact, with no visible holes, tears or other openings. *[13.]* *11 .* No person shall cause, suffer, allow, or permit the storage of any VOC in any stationary storage tank equipped with an external floating roof unless all openings in such roof, excluding emergency roof drains, are covered when not in active use. The tank shall be exempt fromthis paragraph if the tank meets the exemption criteria at (f)7 above

. (m) If a tank is equipped with an external or internal floating roof, the roof shall float on the liquid surface at all times, except during initial fill and during those intervals when the storage vessel is completely emptied or subsequently emptied and refilled. (n) When performing a rooflanding of an external floating roof tank: 1 . When the roof is resting on the leg supports or suspended by cables or hangers, the process of filling, emptying, or refilling shall be continuous and shall be accomplished as rapidly as possible; and 2. Any in-service roof landing shall be with the landed height of the floating roof at its minimumsetting. (o) When performing a rooflanding of an internal floating rooftank: 1. When the roof is resting on its leg supports or suspended by cables or hangers, the process of filling, emptying, or refilling shall be continuous and shall be accomplished as rapidly as possible; and 2. After the tank is refilled after being degassed for the first time after *[(the operative date of these amendments)]* *May 19, 2009*, any inservice roof landing shall be with the landed height of the floating roof at its minimumsetting. (p) The owner or operator of any floating roof tank, not exempt pursuant to (f)6 *or (f)7* above, used to store a VOC shall : 1 . Submit a complete facility-wide tank VOC control plan to the Department for approval at the address listed at (v) below as follows: i . For any floating roof tank not exempt pursuant to (f)6 above, and existing as of *[(the operative date of these amendments)]* *May 19, 2009*, submit to the Department in writing the complete facility-wide tank VOC control plan by *[(120 days after the operative date of these amendments)]* *December 1, 2009* ; or ii . For any newtank, excluding a tank exempt pursuant to (f)6 above, added to a facility, submit to the Department in writing a new or updated complete facility-wide tank VOC control plan by 120 days after the installation of the newly constructed tank(s) ; (CITE 41 N.J.R 1818) NEW JERSEY REGISTER, MONDAY, APRIL 20, 2009ADOPTIONS

2. Include in the facility-wide tank VOCcontrol plan, for all floating roof tanks, except those floating roof tanks exempt pursuant to (f)6 above, the information in (p)2i and ii belowor (p)2i and iii below, as applicable: i . A list of each tank at the facility and the following for each tank: (1) The tank type; (2) The tank volume; (3) The tank diameter; (4) The tank contents; (5) The permit activity number ; (6) Any other identifying numbers; and (7) The Bureau of Release Prevention schedule for tank inspection*[ ;]** .* ii . A schedule to implement one or more of the following emission controls, which must be implemented by *[(10 years after the operative date of these amendments)]* *May 19, 2019* . This schedule shall be consistent with the facility's schedule for tank removal fromservice for normal inspection and maintenance and with the facility's schedule for the installation of any new tank(s) : (1) A tank configuration such that the bottomof the roof deck can be lowered to one foot or less fromthe top-most point of the surface of the tank floor; (2) A method that routes all vapors fromthe tank to a vapor control device with a control efficiency of at least 90 percent, fromthe time the roof is landed until it is within 10 percent by volume of being refloated; or (3) Other measures approved by the Department as being equally or more effective in preventing VOC emissions to the outdoor atmosphere*[ ; and]** .* iii . An emissions averaging plan to operate all Range III floating roof tanks that store gasoline, except those tanks exempt pursuant to (f)6 above, such that their average annual *in-service* roof landing VOC emissions, as calculated in accordance with Chapter 7.1 .3.2.2 "Roof Landings" of AP-42, as supplemented or amended and incorporated herein by reference, or as calculated using another method approved by the Department in accordance with (v) below, and after applying any applicable control efficiencies, is less than: (1) Five tons per tank per calendar year from2011 through 2013; (2) Four tons per tank per calendaryear from2014through 2016 ; (3) Three tons per tank per calendar year from2017 through 2019; and (4) Twotons per tank per calendar year in 2020 and subsequent years. (q) *[Any]* *On and after May 1, 2010, any* part of a degassing and cleaning operation of a stationary storage tank performed during the period May 1 through September 30shall be performed only as follows: 1 . The owner or operator shall degas a tank storing a VOC with a vapor pressure equal to or greater than 0.5 psia at standard conditions as follows: i . Empty the tank of the VOCliquid; ii. Minimize VOC vapors in the tank vapor space by one of the following methods: (1) Exhaust VOCs contained in the tank vapor space to a vapor control systemrated at a minimum95 percent efficiency until the organic vapor concentration is 5,000 parts per million by volume (ppmv) or less as methane, or is 10 percent or less of the lower explosive limit, whichever is less; (2) Displace VOCs contained in the tank vapor space to a vapor control system rated at a minimum95- percent efficiency by filling the tank with a suitable liquid until 90 percent or more of the maximum operating level of the tank is filled. Suitable liquids are organic liquids having a TVP of less than 0 .5 psia, water, clean produced water, or produced water derived from crude oil having a TVP less than 0 .5 psia; or (3) If the tank is a free-water knockout tank, a person may degas the tank vapor space by restricting the outflowof water and floating off the oilpad, such that at least 90 percent ofthe tank volume is displaced; iii. Discharge or displace the VOCvapors contained in the tank vapor space to a vapor control systemthat is *[leak-free;]* *vapor-tight and free of liquid leaks; and* ENVIRONMENTAL PROTECTION iv. As appropriate, temporarily remove for no longer than one hour, a suitable tank fitting, such as a manway, to facilitate connection to an external vapor control system*[; and]** .* *[v. Drain and refill a floating roof tank as a continuous process as rapidly as practicable while the roof is not floating on the surface of the stored liquid.]* 2 . The owner or operator shall clean a tank storing a VOCwith vapor pressure equal to or greater than 0.5 psia at standard conditions only if: i . At least one ofthe following cleaning agents is used: (1) Diesel fuel ; (2) A solvent with an initial boiling point of greater than 302 degrees Fahrenheit ; (3) A solvent with a vapor pressure less than 0.5 psia; (4) A solvent with 50 grams per liter VOCcontent or less; or (5) Some other Department-approved cleaning agent ; or ii . Steamcleaning is performed. 3. The owner or operator shall control emissions from the sludge removed from

a tank that stores a VOCwith a vapor pressure equal to or greater than 1 .5 psia at standard conditions by: i. During sludge removal, controlling emissions from the receiving vessel by operating a vapor control systemthat reduces VOC emissions by at least 95percent; ii . Transporting removed sludge in *[leak-free]* containers *that are vapor-tight and free of liquid leaks* ; and iii . Storing removed sludge, until final disposal, in *[leak-free]* containers *that are vapor-tight and free of liquid leaks*, or in tanks that comply with (b) above. (r) The owner or operator ofa VOC stationary storage tank *in Range III* shall have an inspection performed by an authorized inspector and maintain the tank as follows: 1 . The findings ofany tank inspection, whether completed or not, shall be recorded on the Inspection Format N.J .A .C. 7:27-16 Appendix Il, incorporated herein by reference, in accordance with the rule's requirements. If an inspection is stopped before completion, indicate the reason for this action in section J "Comments" ofthe Inspection Form ; 2. During the inspection, the authorized inspector performing the inspection must have a copy *of the relevant portions* of the Preconstruction Permit or the Operating Permit pertinent to the tank being inspected. The authorized inspector shall compare the permit to the existing tank and actual operating conditions of the tank. The authorized inspector shall record any discrepancies between the permit equipment description and the existing tank, or the permit conditions and the actual operating conditions of the tank, as verified during an inspection, in section J "Comments" ofthe Inspection Form ; 3. Annually inspect the ground level periphery of each tank for possible leaks in the tank shell . Complete section D "Ground Level Inspection" ofthe Inspection Form ; 4. Annually complete all necessary calculations and record all required data accordingly in the Inspection Formand Fugitive Emissions Format N.J .A .C. 7:27-16Appendix II ; 5. For an external floating roof tank in Range III, demonstrate compliance with (1)1 through 3 above, as applicable, by: i . Annually, fromthe platform, visually inspecting the roof to check for permit and rule violations, and visually checking the roof for unsealed roof legs, open hatches, open emergency roof drains, or *open* vacuum breakers. Indicate presence of any tears in the fabric of *[both]* *the visible* seal*[s]*. Record the findings under section F of the Inspection Form ; ii . Annually, inspecting the deck fittings for visible gaps using the 1/8 inch probes, or inspecting the deck fittings for a leak-free condition using EPA Method 21 set forth at 40 CFR Part 60 Appendix A, as supplemented or amended and incorporated herein by reference or, instead of EPA Method 21, using another method approved by the Department. Record any leaks above 500 ppmin the Fugitive Emissions Form ; iii . Annually, inspecting the entire secondary seal for the gap requirements at (1)3iv above using the 1/8 inch*,* *[and]* 1/2 inch*, and 1-1/2 inch* probes. Record the gap data in section F(4) of the Inspection Form . Record all cumulative gaps between 1/8 inch and 1/2 inch, between 1/2 inch and 1-1/2 inch, and in excess of 1-1/2 inches, in section NEW JERSEY REGISTER, MONDAY, APRIL 20, 2009 (CITE 41 N .J.R 1819)

### ENVIRONMENTAL PROTECTION

G of the Inspection Form . Measure all secondary seal gaps greater than 1/2 inch for length and width, and record in sectionJ "Comments" of the Inspection Form

; and iv. Every five years and each time the tank is degassed, inspecting the entire primary seal for the gap requirements at (1)3iii above using the 1/8 inch, 1/2 inch and 1-1/2 inch probes. The primary seal shall be inspected by holding back the secondary seal . Record the gap data in section F(5) ofthe Inspection Form

. Record all cumulative gaps between 1/8 inch and 1/2 inch; between 1/2 inch and 1-1/2 inch; and in excess of 1-1/2 inches, in section G of the Inspection Form ; 6. For a domed external floating roof tank in Range III existing as of *[the operative date of these newrules]* *May 19, 2009*, demonstrate compliance with (1)5 above, by: i . Annually, using an explosimeter, *[by]* measuring the *organic vapor* concentration *[of]* *in* the vapor space above the floating roof in terms ofthe lower explosive limit (LEL), and recording the reading in section E ofthe Inspection Form ; ii. Annually, *[by visually inspecting the deck fittings and visible seal ofthe rim

seal system

;]* *froman opening in the domed or fixed roof, visually inspecting the roof to check for permit and rule violations, and visually checking the roof for unsealed roof legs, open hatches, open emergency roof drains, or open vacuum breakers. Indicate presence of any tears in the fabric of the visible seal . Record the findings under section F ofthe Inspection Form ;* and iii . Each time the tank is degassed, but no less than once every 10 years, *[by]* performing the requirements at (r)5ii (excluding EPA Method 21), iii and iv above; 7. For a domed external floating rooftank in Range III that had a dome installed after the operative date of these new rules, demonstrate compliance with (1)6 above, by performing the requirements at (r)6 above; 8. For an internal floating roof tank in Range 111, demonstrate compliance with (1) above, by performing the requirements at (r)6above; 9 . For a fixed roof tank *in Range III* that is subject to *[(1)11]* *(1)9* above, annually demonstrate compliance with *[(1)11]* *(1)9* above by inspecting the fittings located on the roof, piping, pressure relief valves and all other valves, to ensure they are leak-free using EPA Method 21 set forth at 40 CFRPart 60 Appendix A incorporated herein by reference, or using another method approved by the Department. Record any readings in excess of 500 ppmin the Fugitive Emissions Form ; 10. The owner or operator of any VOC stationary storage tank *in Range III* shall repair or replace any piping, valve, vent, seal, gasket, or cover ofa roofopening that : i. Is defective; ii . Has a visible gap or is not leak-free; or iii . Does not meet any applicable requirement ofthis section; and 11 . The owner or operator ofa VOC stationary storage tank *in Range III* shall perform

the repair or replacement at (r)10 above: i . Ifthe tank is already degassed, prior tofilling; or ii . If the tank is not degassed, within 45 days after discovery of the needed repair or replacement. *If the repair cannot be completed and the vessel cannot be emptied within 45 days, the owner or operator may use up to two extensions of up to 30 additional days each. Documentation of the owner or operator's decision to use an extension shall include a description of the failure, shall document that alternative storage capacity is unavailable, and shall specify a schedule of actions that will ensure that the control equipment will be repaired or the vessel will be completely emptied as soon as practicable.* (s) The owner or operator shall maintain on-site, for each tank, for the time period specified at N.J .A.C. 7:27-16.22(a), unless another time period is specified below : 1 . Records that specify each VOC stored and the vapor pressure of each VOC at standard conditions; 2. For the owner or operator of a floating roof tank, records ofthe roof landing emission information required at N.J.A .C. 7:27-21 .5(j)1 ; 3. Ifthe owner or operator of a floating rooftank has not implemented all control measures pursuant to the tank VOC control plan submitted pursuant to (p) above, or if a floating rooftank is exempt pursuant to (f)5 above, the records of each floating roof landing event including, but no, limited to, tank contents before landing and after refilling; landed baig~,, of the floating roof; height of any liquid remaining in the bottomof ~~ tank after landing; duration of landing; landing emissions calculated'"' using AP-42, Chapter 7 methodology, and any other records needed to ' create the "Floating Roof Landing Emission Summary Report" required, at N.J.A.C. 7:27-21 .5(j)2 ; 4. Records relating to the installation described at (t) below

; 5. For the lifetime of the tank, all inspection reports *required pursuant to (r) above* ; 6. Records of all tank degassing, cleaning and sludge removal activities performed pursuant to (q) above; *[and]* 7. Records of all tank integrity testing schedules *for Range In tanks* that N.J.A.C. 7:1E-4.2(c)lv requires to be included in the "Discharge, Prevention, Containment and Countermeasure Plan*[,]*,,*; and 8 . Repair above.* and replacement documentation required at (r)11ii (t) On and after *[(the operative date of these amendments)]* *May 19, 2009*, the owner or operator of any floating roof stationary storage tank that installs a vapor control device in accordance with (p)2ii above shall record operating parameters as follows: 1 . For a thermal *[oxider]* *oxidizer*, the owner or operator shall record the following on a continuous basis or at a frequency approved by the Department: i . The operating temperature at the exit of the combustion chamber ; ii . The carbon monoxide concentration in the flue gas emitted to the outdoor atmosphere; and iii . Upon request of the Department, any other operating parameter relevant to the prevention or control of air contaminant emissions frost the tank or the oxidizer; 2. For a vapor control system that uses carbon or other adsorptive material, the owner or operator shall record the following on a continuous basis or at a frequency approved in writing by the Department: i. The concentration of the total applicable VOCs in the flue gas emitted to the outdoor atmosphere; or ii . Provided that the owner or operator confirms daily that the automatic switching between carbon beds is functioning in accordance with permit conditions, the date of carbon bed replacement ; and upon request of the Department, any other operating parameter relevant to the prevention or control of air contaminant emissions fromthe tank or the adsorber ; and 3. For any other vapor control device, upon request ofthe Department, any operating parameter relevant to the prevention or control of air contaminant emissions from the tank or that vapor control device. (u) If, during an inspection required at (r) above, or at any other time, the owner or operator determines that a tank does not comply with (1) above, the owner or operator shall submit a written report to the Department including the cause ofthe non-compliance, corrective actions to achieve compliance and measures taken to prevent a re-occurrence of the non-compliance. If the facility has an operating permit, in accordance with N.J .A.C. 7:27-22, the owner or operator shall include this report as part o£the periodic compliance reports required at N .J .A.C. 7:27-22.19(d) and (f) . If the facility does not have an operating permit, the owner or operator shall submit this report to the Department within three business days after becoming aware ofthe non-compliance. (v) An owner or operator that seeks Department approval for an alternate method for calculating a tank's roof landing emissions pursuant to (p)2iii above shall : 1. Prepare an application that includes: i . A description ofthe proposed alternate method; ii . The parameters in the alternate method; and iii . Supporting documentation that justifies the use of the alternate method; and 2 . Submit a complete application in writing to the Department at: Assistant Director, Air Quality Permitting Element Division of Air Quality New Jersey Department of Environmental Protection 401 East State Street (CITE 41 N.J.R

. 1820) NEW JERSEY REGISTER, MONDAY, APRIL 20, 2009

### ADOPTIONS

POBox 027 Trenton, NJ 08625-0027 7:27-16.3 Gasoline transfer operations (a)-(h) (No change.) (i) The owner or operator of a gasoline dispensing facility shall performthe following tests: 1 . The owner or operator shall demonstrate the facility's vapor control systemis performing properly, as follows: i . (No change.) . ii . The tests required to be performed pursuant to (i)li above shall be conducted utilizing the applicable CARB test method cited in Table 3A (except that the Static Pressure Performance Test shall be modified as indicated in Table 3A) which are incorporated herein by reference or utilizing some other method approved by the Department and USEPA. A copy of any CARB procedure cited in Table 3A may be downloaded from CARB's website at http://www .arb.ca.gov/vanor or obtained from the Department at the following address: New Jersey Department of Environmental Protection Bureau ofTechnical Services PO Box 437 Trenton, NJ 08625-0437 iii . A vapor control system shall be deemed to have passed a test conducted pursuant to (i)Ii above if it meets the performance standards and specifications which are set forth in CARB's Vapor Recovery Certification Procedure (CP - 201), as amended, and which are applicable to the test. A copy of CARB's Vapor Recovery Certification Procedure may be downloaded from CARB's website at http://www .arb.ca.gov/ vapor or obtained from the Department at the following address: New Jersey Department of Environmental Protection Bureau ofTechnical Services PO Box 437 Trenton, NJ 08625-0437 iv.-v. (No change.) 2 .-3. (No change.) Table 3A (No change.) (j)-(p) (No change.) (q) No person shall cause, suffer, allow, or permit the transfer of gasoline at a gasoline loading facility, into or from a delivery vessel, or at a gasoline dispensing facility, which is required to have a vapor control systempursuant to (d)li, (e)li, (m), or (n) above unless: 1 . (No change.) 2 . All hoses, piping, connections, fittings and manholes serving the vapor control system are vapor*-*tight and *[leak]* free *of liquid leaks*, except when gauging or sampling is being performed. 3.-5. (No change.) (r)-(s) (No change.) 7:27-16.7 Surface coating and graphic arts operations (a)-(d) (No change.) (e) The provisions of (c) and (d) above and (h), (i), (j)*,* *[and]* (r)1 *and (s)* belowshall not apply to any individual surface coating or graphic arts operation in which the total surface coating formulations containing VOCare applied: 1 .-2. (No change.) (f) The owner or operator ofany automobile or light duty truck surface coating operation may, as an alternative to complying, pursuant to (c) above, with the content limits set forth in Table 7A, comply with the provisions of Table 7C pertaining to spray prime and spray topcoat surface coating formulations, provided that the transfer efficiency of the spray coating operation is determined in accordance with a method approved by the Department and the EPA. ENVIRONMENTAL PROTECTION TABLE 7A (No change.) TABLE 7B MISCELLANEOUS SURFACE COATINGOPERATIONS CONTROL CRITERIAAND COMPLIANCE DATES

MaximumAllowable VOC Content per Volume of Coating (minus water) Final Pounds per Kilogramper Compliance Type ofOperation Gallon Liter Date Group I Coating ofFlat December 31, Wood Paneling 1983 through *[(a day before the operative date ofthese amendments)]* *May 18,2009* Printed 2.7 0.32 hardwood plywood panels and particleboard panels Natural finish 3.3 0.40 hardwood plywood Hardwood 3.6 0.43 panels Coating ofFlat *[(the operative Wood Paneling and date ofthese Printed Hardwood amendments)] * *May 19,2009* Printed interior 2 .1 0.25 panels made of hardwood, plywood, or thin particleboard Natural finish 2.1 0.25 hardwood plywood Hardwood 2.1 0.25 panels Exterior Siding 2.1 0.25 Tileboards 2.1 0.25 Group II TABLE 7C (No change.) TABLE 7D GRAPHIC ARTS OPERATIONS

Part A (No change.) NEW JERSEY REGISTER, MONDAY, APRIL 20, 2009 (CITE 41 N.J.R . 1821)

### ENVIRONMENTAL PROTECTION Part B CONTROL CRITERIA FOR ROTOGRAVURE, SHEET-FED GRAVURE, AND FLEXOGRAPHIC SOURCE OPERATIONS

Basis Control Criteria of a Source Operation Constructed Prior to *[(the operative date ofthese amendments)]* *May 19,2009* : Surface coating formulations2 Maximumallowable volume that contain water: percent VOCin volatile fraction of surface coating formulations (VOCplus water) as applied. 25.0percent Surface coating formulations2 Maximum allowable VOC that do not contain water. content per volume ofsurface coating formulation (minus

water) Pounds per Kilograms per Gallon Liter 2 .9 0.35 Basis Control Criteria ofa Source Operation Constructed or Modified on or after *[(the operative date ofthese amendments)]* *May 19,2009* : Surface coating formulationsz Maximum allowable VOC content ofsurface coating formulation (minus water) : 0.8 pounds VOC/pound solid

applied or 0 .16 pounds VOC/pound materials applied Part C (No change.) Part D CONTROL CRITERIA FORFABRICPRINTING SOURCE

OPERATIONS Basis Control Criteria Surface coating formulationsz Maximumallowable volume that contain water: percent VOC in volatile fraction of surface coating formulations (VOC plus water) as applied. 25.0percent Surface coating formulations2 Maximumallowable VOC that do not contain water: content per volume ofsurface coating formulation (minus

water) . Pounds per Kilograms per Gallon . Liter 2.9 0.35 ' Control apparatus serving certain graphic arts operations ofthis type which were constructed prior to July 26, 1994 may have compliance dates on or after July 26, 1994, pursuant to the provisions of(p) below . z This term includes inks and coatings; see definition of "surface coating formulation." 3 Except where conductive ink and special purpose screen printing inks and coatings are used. (g) (No change.) (h) The owner or operator of any rotogravure, sheet-fed gravure, flexographic, fabric, or screen printing operation may, as an alternative to, complying with the control criteria requirements set forth in Table 71), pursuant to (c)1 above: 1 . For any rotogravure or sheet-fed gravure printing operation installed prior to May 1, 2010, install and use control apparatus that collects at least 75 percent by volume of the source gas emitted, including associated dryers, and prevents from being discharged into the outdoor atmosphere: i . At least 95 percent by volume of the VOC collected on an hourly basis if a thermal oxidizer is used to control emissions; or ii . (No change.) 2 . For any flexograpic printing operation installed prior to May 1, 2010, install and use control apparatus that collects at least 70 percent by volume of the source gas emitted, including fromassociated dryers, and prevents frombeing discharged into the outdoor atmosphere: i . At least 95 percent by volume of the VOCcollected on an hourly basis if a thermal oxidizer is used to control emissions; or ii . At least 90 percent by volume of the VOC collected on an hourly basis if a carbon adsorption systemor any other control device is used to control emissions. 3. For any rotogravure, sheet-fed gravure, or flexographic printing operation installed or modified on or after May 1, 2010, neither (h)1 nor 2 above shall apply; the operation shall install and use control apparatus that collects at least 85 percent by volume of the source gas emitted from the operation, including associated dryers, and prevents from being discharged into the outdoor atmosphere: < i. At least 95 percent by volume of the VOC collected on an hourly basis if a thermal oxidizer is used to control emissions; or ii . At least 90 percent by volume of the VOC collected on an hourly basis if a carbon adsorption systemor any other control device is used to control emissions. 4. For any fabric printing operation, install and use control apparatus that collects at least 70 percent by volume of the source gas emitted, including from associated dryers, and prevents from being discharged into the outdoor atmosphere: i . At least 95 percent by volume of the VOCcollected on an hourly basis if a thermal oxidizer is used to control emissions, except as provided in (p) below

; or ii . At least 90 percent by volume of the VOCcollected on an hourly basis if a carbon adsorption systemor any other control device is used to control emissions. 5. For any screen printing operation, install and use control apparatus that collects at least 70 percent by volume of the source gas emitted and prevents frombeing discharged into the outdoor atmosphere: i .-ii . (No change.) (i)-(o) (No change.) (p) Notwithstanding the provisions of (h)4 above, the owner or operator of any fabric printing operation subject to this section pursuant to (a)1 above, may continue to use a control apparatus which was installed and continues to be operated in compliance with a permit issued by the Department for the printing operation prior to July 26, 1994 so long as the control apparatus has not been altered or replaced since the date o£approval of the current permit . If and when the control apparatus is altered or replaced, the new or altered control apparatus shall at a minimum

meet the requirements set forth in (h)4above. (q) (No change.) (r) The owner or operator of a letterpress printing operation and the owner or operator of a lithographic printing operation shall comply with the following: 1 . On and after May 1, 2010, any heatset web lithographic printing operation or heatset letterpress printing operation shall : i . Achieve greater than 95 percent control of VOC emissions fromthe dryer; *[or]* ii. Achieve less than 20 parts per million by volume as equivalent hexane emitted from

the dryer on a dry basis prior to any dilution of the gas stream

with ambient air after the gas streamexits the dryer*[ .]**; or* (CITE 41 N

.J.R 1822) NEW JERSEY REGISTER, MONDAY, APRIL 20, 2009ADOPTIONS

*iii . Achieve for a carbon adsorption unit or any non-thermal control device at least 90 percent by volume ofthe source gas emitted to the atmosphere.* 2. On and after *[(the operative date of these amendments)]* *May 19, 2009*, any cleaning material used on any lithographic or letterpress printing press shall : i. Have a composite VOC vapor pressure less than 10 mm Hg at 20 degrees Celsius; or ii . Have a VOCcontent of less than 70percent by weight. 3. On and after *[(the operative date of these amendments)]* *May 19, 2009*, no greater than a total of 110 gallons per calendar year of cleaning materials that do not meet one ofthe requirements at (r)2 above may be used to clean a lithographic or letterpress printing press. 4. On and after *[(the operative date of these amendments)]* *May 19, 2009*, a cleaning material used to clean a lithographic or letterpress printing operation is not required to meet (r)2 above for cleaning electronic components of a press, pre-press cleaning operations (for example, platemaking), post-press cleaning operations (for example, binding), or cleaning performed in parts washers or cold cleaners. *5. Record and maintain on-site, logs of the implementation of the cleaning material requirements at (r)2 through 4 above, pursuant to N.J .A.C. 7:27-16.22.* (s) On and after *[(the operative date of these amendments)]* *May 19, 2009*, the owner or operator of a lithographic printing operation shall comply with the following: 1 . Any fountain solution used in a heatset web lithographic printing operation shall not exceed: i. A VOC content of 1 .6percent by weight or less; or ii . A VOC content of 3.0 percent by weight or less if the fountain solution is refrigerated to below 60 degrees Fahrenheit . 2. Any fountain solution used for a coldset web offset lithographic printing operation or a sheet-fed offset lithographic printing operation shall not exceed (s)2i or ii below . This exceedance limitation shall not apply to an operation with a sheet size of 187 square inches or less or a total fountain *solution* reservoir of less than one gallon. i . AVOC content of 5.0 percent by weight or less; or ii . A VOC content of 8.5 percent by weight or less if the fountain solution is refrigerated to below60degrees Fahrenheit. *3. Record and maintain on-site, logs of the implementation of the fountain solution requirements at (s)1 and 2 above, pursuant to N .J.A.C. 7:27-16

.22.* (t) On or after *[(the operative date of these amendments)]* *May 19, 2009*, no person shall cause, suffer, allow, or permit the use of any flat wood paneling coating, printed hardwood coating, or lithographic, letterpress, rotogravure, sheet-fed gravure or flexographic printing operation without implementing the following best management practices: 1 . All coatings, thinners, and cleaning materials containing any VOC shall be stored in *[sealed]* *closed* containers*, which shall prevent the contents fromcoming in contact with and being exposed to the atmosphere* ; 2. All coatings, thinners, and cleaning materials containing any VOC shall be conveyed in *[sealed]* *closed* containers or pipes*, which shall prevent the contents from coming in contact with and being exposed to the atmosphere* ; 3. Each mixing vessel containing any VOC coating and any other material shall have a cover which is *[sealed]* *closed, which shall prevent the contents fromcoming in contact with and being exposed to the atmosphere* except when adding to, removing from, or mixing in the vessel ; 4. All used shop towels containing any VOC shall be kept in *[sealed]* *closed* containers*, which shall prevent the contents from coming in contact with and being exposed to the atmosphere* ; *[and]* *5. All coatings, thinners and cleaning material spills containing any VOCshall be cleaned up immediately; and* *[5.]* *6.* Record and maintain on-site, logs ofthe implementation of the best management practices required at (t)l through *[4]* *5* above, pursuant to N.J.A.C. 7:27-16.22. 

### ENVIRONMENTAL PROTECTION 7:27-16.11 Asphalt pavement production plants (a)-(b) (No change.) (c) Any owner or operator of an asphalt pavement production plant subject to this section shall achieve compliance with this section by May 31, 1995, and maintain compliance with this section thereafter . (d) Any owner or operator of an asphalt pavement production plant subject to this section shall demonstrate compliance with this subchapter in accordance with the procedures at N .J .A.C. 7:27-16.23 before May 31, 1996. (e) Any owner or operator of any asphalt pavement production plant subject to this section shall adjust the combustion process in accordance with the procedure set forth in its permit and certificate or at least once per year beginning in 1995, whichever is more stringent. (f)-(h) (No change.) 7 :27-16.16 Other source operations (a) The provisions of this section apply to any source operation, except source operations in the following categories (Note: Source operations in those categories designated by an asterisk (*) which have the potential to emit three pounds per hour or more of VOCand which are located at a major VOCfacility are regulated by N .J .A.C. 7:27-16.17.) : 1 .-9 . (No change.) 10. Asphalt pavement production plants; I 1 .-19. (No change.) (b)-(g) (No change.) 7:27-16.17 Alternative *and facility-specific* VOC control

requirements (a) This section establishes procedures and standards for the establishment ofVOCcontrol requirements for any source operation that: 1 . Is located at a major VOCfacility *whose owner or operator seeks approval of a facility-specific VOCcontrol plan that would apply to any source operation or equipment* that has the potential to emit at least three pounds per hour (potential batch cycle emission rate of three pounds per hour for batch processes), and: i .-ii . (No change.) 2. Is regulated under N .J .A .C. 7:27-16.2 through 16.16 or 16.18 through 16.21, whose owner or operator seeks approval of an alternative VOC control plan, which would apply to the equipment or source operation notwithstanding any control requirement or emission limit which would otherwise apply under this subchapter; or 3. Was issued an alternative *or facility-specific* VOC control plan prior to *[(the operative date ofthese amendments)]* *May 19, 2009* . (b) Except as provided at (t) below, the owner or operator of any facility that contains a source operation subject to (a)I above shall : 1. (No change.) 2. Beginning on May 31, 1995, comply with either (b)2i or ii below : i. (No change.) ii . Operate the facility in accordance with *[an alternative]* *a facility-speciSc* VOC control plan approved by the Department pursuant to (j) below

. (c) The following requirements shall apply to an owner or operator seeking approval of an alternative VOC control plan *pursuant to (a)2 or 3 above* : 1. The owner or operator shall submit to the Department at the address listed in (s) belowa proposed alternative VOC control plan prepared in accordance with (d) below . Submission of a proposed alternative VOC control plan does not relieve an owner or operator of any facility, equipment or source operation fromcomplying by the compliance dates in other sections ofthis subchapter. Ifand when the Department approves an alternative VOCcontrol plan, the owner or operator shall be subject to the conditions and requirements of the plan and of the Department's approval ; 2. Any alternative VOCcontrol plan approved by the Department after *[(the operative date of these amendments)]* *May 19, 2009* shall have a term of 10years; 3. Any owner or operator that has an alternative VOC control plan approved prior to *[(the operative date ofthese amendments)]* *May 19, 2009* by the Department and who plans to continue operating with an alternative VOCcontrol plan, shall submit a proposed plan by *[(90 days after the operative date ofthese amendments)]* *August 17, 2009* . The NEW JERSEY REGISTER, MONDAY, APRIL 20, 2009 (CITE 41 N .J .R .1823)ENVIRONMENTAL PROTECTION

owner or operator may request a 60-day extension pursuant to N .J .A.C . 7:27-16.17(q) to submit the proposed plan*[ ;]** :* i . If the owner or operator submits a proposed plan by *[(90 days after the operative date of these amendments)]* *August 17, 2009* or by the date of any extension approved by the Department, the owner or operator's existing alternative VOC control plan shall terminate on the date specified in the implementation schedule of the alternative VOC control plan *that* the Department approves; and ii . If the owner or operator does not submit a proposed plan by *[(90 days after the operative date of these amendments)]* *August 17, 2009*, the owner or operator's existing VOC control plan shall terminate on *[(90 days after the operative date of these amendments)]* *August 17, 2009* ; 4 . If the owner or operator of a facility has an approved alternative VOC control plan for a source operation that was issued after *[(the operative date of these amendments)]* *May 19, 2009*, *and* intends to modify*, alter* or reconstruct, such that the VOC emission limit would change, the existing alternative VOC control plan shall terminate on the start date of the *[modification or reconstruction]* *modified, altered or reconstructed source operation or item of equipment* . If the owner or operator plans to continue operating under an alternative VOC control plan, the owner or operator shall apply, and obtain approval of, a new alternative VOC control plan *prior to operation of the modified, altered or reconstructed source operation or item of equipment* ; and 5. Ifthe owner or operator of a facility that has an approved alternative VOC control plan for a source operation that was issued after *[(the operative date of these amendments)]* *May 19, 2009*, intends to continue operating under a VOC emission limit beyond the expiration date of the existing plan, the owner or operator shall apply for a new alternative VOC control plan at least one year prior to the termination date of the existing plan. The existing plan shall terminate on its termination date or on the date of the Department's final action on the proposed new

plan, whichever is later. (d) An owner or operator submitting a proposed alternative *or facility-specific* VOC control plan pursuant to *[(b)liii]* *(b)2ii* or (c) above shall include the following information in the plan: 1 . A list of each source operation at the facility to be included in the plan: i. For a submission pursuant to *[(b)liii]* *(b)2ii* above, the list shall include each source operation that is not regulated under N .J .A .C. 7:27- 16.2 through 16.16, 16.20 or 16.21, and has the potential to emit at least three pounds ofVOC per hour; or ii . (No change.) 2 . The following information for each source operation listed pursuant to (d)1 above: i .-ix. (No change.) x. The VOC control technology or technologies or process alternatives which the owner or operator proposes to employ and an implementation schedule; xi .-xiii . (No change.) 3.-4. (No change.) (e)-(f) (No change.) (g) Within 30 days after receiving a demonstration submitted pursuant to (b)1 above, a proposed *[alternative]* *facility-specific* VOC control plan submitted pursuant to (b)2 above, or a proposed compliance plan submitted pursuant to (f) above, the Department shall notify the owner or operator in writing whether the submission includes sufficient information to commence review

. If the submission does not contain sufficient information to complete the review, the Deparment shall include in the notice a list of the deficiencies, a statement of the additional information required to make the submission complete, and a time by which the owner or operator must make a complete submission. The Department may refrain fromreviewing the substance ofthe submission until the additional information is provided to the Department. (h) Failure by an owner or operator to submit the additional information requested by the Department pursuant to (g) above within the time stated in the Department's notification shall constitute a violation of this subchapter. In such case, the Department may deny the submission and pursue its other remedies. (i) The Department shall seek comments from the general publi~ before making any final decision to approve or disapprove a proposed alternative *or facility-specific* VOC control plan. The Departmeiii shall publish aNotice of Opportunity for Public Comment in a newspap'I efor general circulation in the area in which the major VOC facility L located. In addition, the Department shall submit any approved alternative *or facility-specific* VOCcontrol plan to EPA for approval as a revision to New

Jersey's State Implementation Plan. (j) Within six months after receiving a complete proposed alternativ, *or facility-specific* VOC control plan, the Department shall approve, approve and modify, or disapprove the proposed plan and notify the owner or operator of the decision in writing. The Department shat approve the proposed plan only if it satisfies the following requirements: 1 . The proposed plan contains all of the information required under (d; above; 2.-6. (No change.) (k)-(m) (No change.) (n) Before altering any source operation which is included in an approved alternative *or facility-specific* VOC control plan, approved compliance plan or demonstration (except as authorized or required in the approval), the owner 1 .-2. (No change.) (o) The Department will revoke an approval of an alternative VOC control plan by written notice to the holder of the approval ifEPAdenies

_ approval of the proposed VOC plan as a revision to the State Implementation Plan. The Department may revoke an approval of an alternative *or facility-specific* VOCcontrol plan, compliance plan or demonstration by written notice to the holder ofthe approval, if: 1 .-3. (No change.) 4. For an alternative *or facility-specific* VOC control plan, EPA denies approval of the plan as a revision to the State Implementation Plan. (p) (No change.) (q) After receipt of a written request froman owner or operator, the Department may authorize *[a]* *one non-renewable* 60-day extension of the deadline set forth in *[(b)1]* *(c)3* above . *[Such extension may be renewed by the Department upon the written request of the owner or operator. After receipt ofa written request froman owner or operator, the Department may authorize one 60 day non-renewable extension of the deadline set forth at (c)3 above.]* Written requests for the extension -of a deadline shall be submitted to the address listed below : Administrator Air Compliance and Enforcement Department ofEnvironmental Protection POBox 422 401 East State Street, 4th floor Trenton, New

Jersey 08625-0422 (r) (No change.) (s) The owner or operator submitting a proposed alternative *or facility-specific* VOC control plan, compliance plan or demonstration shall send it to the Department at the following address: Chief, Bureau of *[NewSource Review]* *Operating Permits* Division of *[Environmental Regulation]* *Air Quailty* Department ofEnvironmental Protection *401 East State Street* PO Box 027 Trenton, New

Jersey 08625-0027 (t) (No change.) 7 :27-16.19 Application ofcutback and emulsified asphalts (a) On or after April 16, 2009, no person shall use or apply, during the period fromApril 16 through October 14, cutback asphalt or emulsifed asphalt, unless: 1 . The asphalt contains no greater than 0.1 percent VOCby weight; or 2. The asphalt produces no greater than 6.0 milliliters of oil distillate, in accordance with ASTMMethod D244, Standard Test Methods and Practices for Emulsified Asphalts, or AASHTO T 59, Standard Method of Test for Testing Emulsified Asphalts, both as supplemented or amended and incorporated herein by reference. ASTM Method D244 is available fromthe American Society for Testing and Materials (ASTM), (CITE 41 N.J.R

. 1824) NEW JERSEY REGISTER, MONDAY, APRIL 20, 2009

### ADOPTIONS

100 Barr Harbor Drive, Post Office Box C700, West Conshohocken, Pennsylvania 19428-2959, or fromits website www .astm .ore. AASHTO T 59 is available fromthe American Association of State Highway and Transportation Officials (AASHTO), 444 North Capitol Street N .W ., Suite 249, . Washington, DC 20001, or from its website www .transportation.org. (b) On or after April 16, 2009, no person shall store cutback asphalt or emulsified asphalt during the period fromApril 16 through October 14 that does not meet the requirements at (a) above, unless the cutback asphalt or emulsified asphalt is stored in a sealed container. 7:27-16.22 Emission information, recordkeeping and testing (a) (No change.) (b) Any person whoowns or operates a source operation subject to any recordkeeping requirement set forth in this subchapter may submit a request in writing to the Department for approval to maintain records other than those specified at N.J.A.C. 7:27-16.2(s), 16.3(s), 16.4(o), 16.5(j), 16.6(1), 16.7(m) and (n), 16.13(c), 16.16(g), 16.18(j), 16.20(g) or 16.21(c) . The Department and EPA may approve any such request if the ENVIRONMENTAL PROTECTION person demonstrates to the satisfaction of the Department and EPA that the alternate records to be maintained are at least as effective in documenting that the source operation is operating in compliance with the applicable requirements. (c)-(g) (No change.) (h) (Reserved) (i) Any person who reports information to the Department pursuant to the requirements set forth at N .J .A .C. 7:27-16.2(s), 16

.3(s), 16.7(m) and (n), 16 .16(g), or 16.20(g) may assert a confidentiality claim for that information in accordance with the procedures set forth at N.J.A .C. 7:27- 1 .6through 1 .30. 7:27-16.27 Exceptions (a) (No change.) (b) The provisions of this subchapter shall not apply to the emissions ofVOCfromthe following source operations: 1 . Natural gas pipelines that are not major VOC facilities, with the exception ofblowdown events as set forth in N .J .A .C . 7:27-16.21 ; and 2. Open burning.

NEW JERSEY REGISTER, MONDAY, APRIL 20, 2009 (CITE 41 N .J :R. 1825)ENVIRONMENTAL PROTECTION ADOPTIOIY APPENDIXlI STATE OF NEW

JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION N .J .A .C. 7:27-16

.2 VOC STATIONARY STORAGE TANKS INSPECTIONS Equipment Needed: Organic Vapor Analyzer (OVA) calibrated with methane in accordance with EPA Method 21, as supplemented or amended and incorporated herein by reference; explosimeter calibrated with methane (for internal floating roof tanks) ; liquid resistant measuring tape or device; tank probe (to measure gaps in tank seals - 1/8 inch, 1/2 inch, 1-1/2 inch) ; *explosivity meter;* flashlight. Inspection Procedures (N.J .A .C. 7:27-16.2(r)) : A. Any inspection shall be performed by an authorized inspector. B. The findings of any tank inspection, whether completed or not, shall be recorded on the Inspection Format N .J .A .C. 7:27-16, Appendix II, prescribed by the Department in accordance with the rule's requirements. Ifan inspection is stopped before completion, indicate the reason for this' action in section J "Comments" of the Inspection Form . C . During the inspection, the person(s) conducting the inspection must have a copy ofthe *relevant portions of the* Preconstruction Permit or the Operating Permit pertinent to the tank being inspected. Any discrepancies between the permit equipment description and the existing tank or the permit conditions and the actual operating conditions of the tank as verified during an inspection must be recorded in section J "Comments" of the Inspection Form

. D . Inspect the ground level periphery of each tank for possible leaks in the tank shell . Complete section D"Ground Level Inspection" of the Inspection Form . E. For external floating roof tanks: 1 . Fromthe platform, visually inspect the roof and check for permit or rule violations. Record the information as shown under section F of the Inspection Form

. 2. During visual inspection ofthe roof, check for unsealed rooflegs, open hatches, open emergency roof drains or vacuum breakers and record the findings on the Inspection Formaccordingly. Indicate presence ofany tears in the fabric ofboth seals. 3. Inspect the roof fittings using the 1/8inch probes or conduct a EPA Method 21 inspection, as supplemented or amended and incorporated herein by reference, ofthe roof fittings for a leak-free condition. Record any leaks above 500ppmin the Fugitive Emissions Form . 4. Inspect the entire secondary seal using the 1/8inch and 1/2 inch probes. Record the gap data in section F(4) of the Inspection Form . 5. When required (which is every five years), inspect the entire primary seal using the 1/8 inch, 1/2 inch, and 1-1/2 inch probes. Inspect the primary seal by holding back the secondary seal . Record the gap data in section F(5) ofthe Inspection Form . 6. Record all cumulative gaps between 1/8 inch and 1/2 inch; between 1/2 inch and 1-1/2 inch; and in excess of 1-1/2 inches, for both primary and secondary seals in section G of the Inspection Form . Secondary seal gaps greater than 1/2 inch should be measured for length and width, and recorded in section J "Comments" ofthe Inspection Form . F. For internal floating roofand domed tanks: 1 . Using an explosimeter, measure the concentration of the vapor space above the internal floating roof in terms of lower explosive limit (LEL), and record the reading in section E ofthe Inspection Form . 2. Visually inspect the deck fittings andthe visible seal ofthe rimseal system, and record findings in section E of the Inspection Form . 3. Conduct gap measurements of the deck fittings and rimseal systemeach time the tank is emptied and degassed but no less than once every 10 years. G . For fixed roof tanks: 1 . Inspect the pressure relief valves, piping, valves and fittings located on the roof for leak-free condition. Record any readings in excess of 500 ppm in the Fugitive Emissions Form . H . Complete all necessary calculations and record all required data accordingly in the Inspection Form and Fugitive Emissions Form .

(CITE 41 N

.J.R 1826) NEW JERSEY REGISTER, MONDAY, APRIL 20, 2009ADOPTIONS 

### INSPECTION FORM

* *PLEASE COMPLETE FORM LEGIBLYINBLACKINK** ENVIRONMENTAL PROTECTION



### ProgramInterest No. Permit Activity No. Tank ID No. E Inspection Date Time Is this a Follow-up Inspection? No 0 Yes 0 Ifyes, Date of Previous Inspection A . COMPANY INFORMATION : Company Name Location Address City Zip Mailing Address City Zip Contact Person Title Phone B. INSPECTIONCONDUCTED BY: Name Title Company Name Phone Mailing Address City Zip C . TANK INFORMATION : Capacity (gals) Installation Date Tank Diameter (ft) Tank Height Product Type Product Vapor Pressure Type ofTank: Riveted 0 Welded 0 Other 0(describe) Color of Shell Color of Roof RoofType: Pontoon 0 Double Deck 0 Other 0(describe)

External floating roof 0 Internal floating roof or domed tank 0 D . GROUND LEVEL INSPECTION : 1) Product Temperature ° F 2) Product level 3) List type and location of leaks found in tank shell . 4) List any discrepancies between the existing equipment and the equipment description on the Permit . _ (ft) (psia)



## (ft)

NEW JERSEY REGISTER, MONDAY, APRIL 20, 2009 (CITE 41 N .J.R .1827)ENVIRONMENTAL PROTECTION



### 5) Is tank in compliance with Permit conditions? No El Yes E If no, explain

E. INTERNAL FLOATING ROOF ORDOMEDTANK: 1) Check vapor space between floating roof and fixed roofwith explosimeter. 2) Conduct visual inspection of roofs and the visible seal of the rimseal system . Percent LEL. 3) Are all roof openings covered? No El Yes 11 If no, explain in Comments section (J) arid proceedto part (H)(6), F. EXTERNAL FLOATING ROOF TANK (or DOMED TANKAND INTERNAL FLOATING ROOF TANKwhen needed) 1) On the diagram (below) indicate the location of the ladder, roof drain(s), anti-rotation device(s), platform, gauge well, and vents or other appurtenances . Note information in relation to North (to the top ofthe worksheet). 2) Describe any uncovered openings found on the roof in the Comments section (J) . 3) Identify any tears in the seal fabric. Describe and indicate on diagram(below) : 4) Secondary Seal Inspection a. Type of Secondary Seal : b. Does 1/2" probe drop past seal? No 0 Yes El Ifyes, measure length(s) and show on diagram

. c. Does 1/8" probe drop past seal? No 0 Yes El Ifyes, measure length(s) and show on diagram

. *[4.]* *d.* Record dimensions of gap for gaps > 1/8" > 1/2" NOTE: Record the actual width andcumulative length ofgaps infeet and inches. (Do not include gaps > 1/2" in 1/8" measurements) 5) Primary Seal Inspection a) Type of Primary Seal : [I Shoe; El Tube; DOther b) Shoe seal : Does 1-1/2" probe drop past seal? No 0 Yes 0Ifyes, measure length(s) and show on diagram

. c) Shoe seal : Does 1/2" probe drop past seal? No 0 Yes El Ifyes, measure length(s) and show on diagram

. d) Tube seal : Does 1/2" probe drop past seal? No El Yes 0Ifyes, measure length(s) and show on diagram

. e) All seal types: Does 1/8" probe drop past seal? No El Yes El Ifyes, measure length(s) and show on diagram

. (CITE 41 N.J.R. 1828) NEW JERSEY REGISTER, MONDAY, APRIL 20, 2009ENVIRONMENTAL PROTECTION



### f) Record dimensions of gaps for gaps > 1/8" > 1/2" >1-1/2" NOTE: Record the actual width and cumulative length ofgaps infeet and inches. (Do not include gaps > 1/2" in 1/8" measurements, or gaps > 1-1/2 " in 1/2 " measurements) 6) Deck Fitting Inspection (Circle one) Does 1/8" probe drop past gasket seal or does seal fail EPA Method 21? No 0 Yes 11 If yes, identify fitting. NOTE: Show

defects using symbols. Show seal gaps and lengths



## N Legend Equipment AD Antirotational device GW Gauge well

Leg stand RD Roofdrain * Emergency roof drain oo Vacuumbreaker " Vent PL Platform& ladder Defects LT Leg top

Leg pin OH Open hatch V\ Torn seal I -P- I Primary seal gap I-S- 1 Secondary seal gap 

### IF INTERNAL FLOATING ROOF OR DOMEDTANK, PROCEED TOPART H(6) WHENAPPROPRIATE: G . CALCULATIONS - complete all applicable portions of the following: Record dimensions of indicated gaps (fromF(4)(d), F(5)(b), and F(5)(f)) . Record in feet and inches. Gaps in primary seal between 1/8 and 1/2 inch : Gaps in primary seal between 1/2 and 1-1/2 inch: Gaps in primary seal greater than 1-1/2 inches:

NEW JERSEY REGISTER, MONDAY, APRIL 20, 2009 (CITE 41 N .J .R 1829)

### ENVIRONMENTAL PROTECTION ADOPTION



### Gaps in secondary seal between 1/8 and 1/2 inch: Gaps in secondary seal greater than 1/2 inch: Multiply diameter (ft) of tank to determine appropriate gap limits: 5 percent circumference = diameter X0.157 = 60percent circ. = diam . X 1 .88 = 10percent circumference = diameter X0.314 = 90 percent circ. = diam . X 2.83 = 30percent circumference = diameter X0.942 = 95 percent circ. = diam . X 2.98 = H . DETERMINE COMPLIANCE STATUS OF TANK : 1) Were any openings found on the roof? No 0 Yes 0 2) Were any tears in the seals found? No [I Yes 11 3) Is the product level lower than the level at which the roofwould be floating? No 0 Yes 0 4) Secondary Seal : Did 1/2" probe drop between shell and seal? No 0 Yes El Did cumulative 1/8"- 1/2" gap exceed 95 percent circumference length? No El Yes El 5) Primary Seal : Shoe: Did 1-1/2" probe drop between shell and seal? Did cumulative 1/2" - 1-1/2" gap exceed 30 percent circumference length, and No 0 Yes 0

did cumulative 1/8 - 1/2" gap exceed 60percent circumference length? No 11 Yes 0 Did any single continuous 1/8" - 1-1/2" gap exceed 10percent circumference. length? No [I Yes [I Tube: Did 1/2" probe drop between shell and seal? No 0 Yes El Did cumulative 1/8"- 1/2" gap exceed 95 percent circumference length? No 0 Yes El 6) Internal floating roof (installed before 6/1/84) : Did percent LEL exceed 50percent? No 0 Yes [I (installed after 6/1/84) or domed tank: Did percent LEL exceed 30percent? No 0 Yes El 7) Does tank have permit conditions? No 11 Yes [I Does tank comply with these conditions? No 0 Yes 0 1. IF THE INSPECTION WAS TERMINATED PRIOR TO COMPLETION FOR ANY REASON, PLEASE EXPLAIN: (CITE 41 N

.J .R .1830) NEW JERSEY REGISTER, MONDAY, APRIL 20, 2009ADOPTIONS



### J. COMMENTS: ENVIRONMENTAL PROTECTION



### Use this section to complete answers to above listed items and to describe repairs made to the tank; include date and time repairs were made.

K . Certifications "I certify under penalty of law that I believe the information provided in this document is true, accurate and complete. I amaware that there are significant civil and criminal penalties, including the possibility of fine or imprisonment or both, for submitting false, inaccurate or incomplete information." Authorized inspector who completed the inspection:

(Signature) (API Certification Number) Date: *[Compliance status determined by: Date: (Signature)

NEW JERSEY REGISTER, MONDAY, APRIL 20, 2009 (CITE 41 N.J.R 1831)

### ENVIRONMENTAL PROTECTION ADOPTION,{



### "I certify under penalty of law that I have personally examined and am familiar with the information submitted in this document and all attached documents and, based on my inquiry of those individuals immediately responsible for obtaining the information, I believe that the submitted information is true, accurate and complete. I amaware that there are significant civil and criminal penalties, including the possibility of fine or imprisonment or both, for submitting false, inaccurate or incomplete information." Responsible Official]* *Individual with Direct Knowledge* :(Signature *of person with direct knowledge of, and responsibility for, the information on this form*) N .J .A.C. 7:27-16.2(s) requires all inspection reports *required pursuant to N.J .A .C. 7 :27-16.2(r)* to be maintained on-site for the lifetime of the tank.

(CITE 41 N.J .R

. 1832) NEW JERSEY REGISTER, MONDAY, APRIL 20, 2009

### ADOPTIONS ENVIRONMENTAL PROTECTION FUGITIVE EMISSIONS FORM Company Information ' ProgramInterest No. Company Name Address Contact/Phone Number Permit Activity Number Report Date Tank ID Type Fitting Date Leak *[Rate]**Concentration* Type ofRepair Date Post-Repair Leak *[Rate]* *Concentration*

,.*.J .A .C. 7:27-16.2(s) requires all inspection reports *required pursuant to N .J.A.C. 7:27-16

.2(r)* to be maintained on-site forthe lifetime of the tank. NEW JERSEY REGISTER, MONDAY, APRIL 20, 2009 (CITE 41 N.J.R . 1833)

### ENVIRONMENTAL PROTECTION

SUBCHAPTER 19. CONTROL ANDPROHIBITIONOF AIR

POLLUTION FROM

OXIDES OF NITROGEN 7:27-19.1 Definitions The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise.

. "Asphalt pavement production plant" means a batch type asphalt plant or drummix asphaltplant operated to manufacture asphalt pavement.

. ."Blown glass" means glassware shaped by blowing air into a molten glass gather.

. ."CFR" means the United States Code ofFederal Regulations. "Class I renewable energy" means electric energy produced fromsolar technologies, photovoltaic technologies, wind energy, fuel cells, geothermal technologies, wave or tidal action, methane gas fromlandfills and methane gas froma biomass facility that cultivates and harvests the biomass in a sustainable manner . "Class II renewable energy" means electric energy produced at a resource recovery facility or hydro power facility, ifthe facility is located where retail competition is permitted, and if the Department has determined that the facility meets the highest environmental standards and minimizes any impacts to the environment and local communities. "Clean Air Act" or "CAA" means the Federal Clean Air Act, 42 U.S.C. §§7401 et seq., as amended and supplemented. "Clean distributed generation" means any piece of electric generating equipment that has been verified according to N.J .A.C. 7:27-8.2(f)2 to emit less than: 1 . 0.40pounds ofNO, per megawatt hour; 2. 0.25 pounds of COper megawatthour; 3. 0.10pounds of PM

per megawatt hour; and 4. 0.01 pounds of SO2 per megawatt hour. ."Demand response" means a measurable, verifiable load reduction that can be dispatched froma central location (for example, the distribution dispatch center PJM) .

. ."Dual fuel" means a type of *[boiler]* *burner* capable of combusting more than one type of commercial fuel .

. "Electric generating unit" or "EGU" means a combustion or steam generating source used for generating electricity that delivers all or part ofits power to the electric power distribution grid for commercial sale. "Energy efficiency measure" means a program that is aimed at reducing the electricity used by specific end-use devices and systems. Such savings are generally achieved by substituting technically more advanced equipment to produce the same level of end-use services (for example, lighting, heating and motor drive) with less electricity.

. . ."Fiberglass" means material consisting of fine filaments of glass that are combined into yamand woven or spun into fabrics, or that are used as reinforcement in other materials or in masses as thermal or as acoustical insulating products for the construction industry.

. ."Flat glass" means glass produced by the float, sheet, rolled or plate glass process and formed into windows, windshields, table tops or similar products.

. .*["Former DER credit user" means one who used Discrete Emission Reduction (DER) credits in the three years immediately preceding August 4, 2003 in compliance with the Open Market Emissions Trading Program rules then promulgated at N.J .A .C. 7:27-30 tosatisfy the requirements of N .J .A .C. 7:27-16 or 19.]*

. . ."Glass removed" means the amount of glass coming out of a glass melting furnace, expressed in short tons per day. "Heavier than No. 2 fuel oil" means any fuel oil with an SsUvise greater than 45 at 100degrees Fahrenheit. _ "High electric demand day" or "HEDD" means the day followiti day in which the next day forecast load is estimated to have a peakva'I, of 52,000 megawatts or higher as predicted by the PJMInterconneofi ; 0815 update to its Mid Atlantic Region Hour Ending Integrated Forec Load, available from PJM Interconnection at httn://oa~ sis. ;m : ~ doc/nroiload.txt. "High electric demand day unit" or "HEDD unit" means an electrical generating unit, capable of generating 15 megawatts or more, *tht commenced operation prior to May 1, 2005, and* that operated less than or equal to an average of 50 percent of the time during thA°, *[immediately preceding three]* ozone seasons *of 2005through 2001*

. . ."Interimperiod" means the period of time beginning on May 31, 1995 and ending when phased compliance under N .J .A .C. 7:27-19.21 or 19

.23 is to be completed, or the period of time for phased compliance unde N .J .A .C. 7:27-19.22 as indicated by 2below, as applicable. 1 . (No change.) 2. For purposes of phased compliance for reasons of practicabilih, pursuant to N.J.A.C. 7:27-19.22, the interim period begins on *[(the, operative date of these amendments)]* *May 19, 2009* and ends on the date when an owner or operator is to attain full compliance with this subchapter, but no later than 12 months after *[(the operative date 4 these amendments)]* *May 19,2010* . 3. (No change.)

. . ."MWh" means megawatt-hour . "Non-high electric demand day unit" or "non-HEDD unit" means af electrical generating unit *[that is not an HEDD unit]**, capable o: generating 15 megawatts or more, that commenced operation prior, to May 1, 2005, and that operated more than an average of 50 percent ofthe time during the ozone seasons of 2005 through 2007* . ..; "No. 2 and lighter fuel oil" means any fuel oil with an SSU viscosity - less than or equal to 45 at 100 degrees Fahrenheit . "On-specification used oil" means used oil that meets the specifications established in the Recycling Rules at N .J .A .C. 7:26A6.2(a) . *"Petroleum refinery" means any facility engaged in producing gasoline, kerosene, distillate fuel oils, residual fuel oils, lubricants or other products through distillation of petroleum or through redistillation, cracking or reforming of unfinished petroleum derivatives.*

. . "Pounds/MWh" means NO, emissions in pounds per megawatt-hour of total net energy output, where total net energy output consists of electric output plus useful heat output. "Pressed glass" means glassware formed by placing a blob of molten glass in a metal mold, then pressing it with a metal plunger or follower to formthe inside shape. The resultant piece, termed mold-pressed, has an interior formindependent of the exterior, in contrast to mold-blown glass, in which the interior corresponds to the outer form .

. . ."Renewable energy" means class I renewable energy or class II renewable energy.

. . ."Shed load" means the systematic reduction through prior arrangement of system demand by temporarily decreasing load in response to transmission systemor area capacity shortages, system instability, or voltage control considerations. "Shift load" means the systematic reduction of system demand by temporarily decreasing load in response to transmission system or area capacity shortages, system instability, or voltage control considerations, through prior arrangement programs designed to encourage consumers to move their use ofelectricity from on-peak time to off-peak times. (CITE 41 N.J.R 1834) NEW JERSEY REGISTER, MONDAY, APRIL 20, 2009ADOPTIONS

"SSU viscosity" means the number of seconds it takes 60 cubic centimeters of an oil to flowthrough the standard orifice of a Saybolt Universal viscometer at 100 degrees Fahrenheit . "Used oil" means any oil that has been refined fromcrude oil, or any synthetic oil, that has been used and as a result of such use, is contaminated by physical or chemical impurities, or unused oil that is contaminated by physical or chemical impurities through storage or handling. "Viscosity" means the measure of a fluid's resistance to flow . 7:27-19.2 Purpose, scope and applicability (a) (No change.) (b) The following types of equipment and source operations are subjectto the provisions of this subchapter: l .-4. (No change.) 5. Any rotary dryer located at an asphalt pavement production plant; 6.-7. (No change.) 8. Any glass manufacturing furnace producing borosilicate recipe glass, and having a maximumpotential production rate of at least five tons ofglass removed fromthe furnace per day, and having the potential to emit more than 10 tons ofNO, per year; 9. Any glass manufacturing furnace producing blown glass, fiberglass, flat glass, or pressed glass having the potential to emit more than 10 tons ofNOx per year; 10. Any municipal solid waste incinerator; 11 . Any sewage sludge incinerator; and 12. Any other equipment or source operation not specifically listed at (b)1 through 11 above or (c) belowthat has the potential to emit more than 10tons of NO

. per year. (c)-(f) (No change.) 7:27-19.3 General provisions (a)-(d) (No change.) (e) After receipt of a written request froman owner or operator for an extension of the deadline set forth in (d) above or after receipt of a written request from an owner or operator for an extension of the deadline set forth at N.J .A .C. 7:27-19

.13(b)5, the Department will authorize one *[60-day]* *90-day* non-renewable deadline extension. Written requests for the extension of a deadline submitted pursuant to this subsection shall be addressed to: Administrator Air Compliance and Enforcement Department of Environmental Protection POBox 422 401 East State Street, 4th Floor Trenton, New

Jersey 08625-0422 (f) In lieu of complying with the applicable emission limits set forth at N.J .A.C. 7:27-19.4, 19.5, 19.7, 19 .8, 19.9, 19.10 or 19.28, the owner or operator of any equipment or source operation listed in N .J .A .C . 7:27- 19.2(b) may comply with one of the following, or with a combination of (f)1 and 3 below

. The owner or operator of any equipment or source operation listed in N

.J .A .C. 7:27-19

.2(c) may comply with (f)1, 2 or 4 below . On and after May 1, 2015, the owner or operator of any HEDD unit shall not use the alternatives in this subsection to comply with any applicable maximum allowable emission rate at N .J .A .C. 7:27-19.4 or 19.5. 1 .-4 . (No change.) (g) *[On and after April 25, 2004, no owner or operator of a source operation subject to a NO, emissions limit under this subchapter may comply with the limit through the use of discrete emission reduction (DER) credits. Any former DER credit user who used DER credits to comply with a NO, ; emissions limit under this subchapter, and who would continue to require the use of DERcredits to comply with that limit, shall achieve compliance with that limit by April 25, 2005 and maintain compliance with that limit thereafter. In the case of a former DER credit user, only, deadlines related to the NO, emissions limit compliance deadline that are set forth elsewhere in this subchapter are modified as follows: ENVIRONMENTAL PROTECTION 1 . The emission limitations operative date established at (b) above is April 25, 2005; 2. The permit application submission deadline established at (d)1 above is July 25, 2004; 3. The proposed NO, control plan submission deadline established at (d)2 above is July 25, 2004; 4. The NO control plan implementation deadline established at N .J .A.C. 7:27-19.13(n) is April 25, 2005; 5. The compliance demonstration deadline established at N .J .A.C. 7 :27-19 .15(b) is October 25, 2005; 6. The application for approval of a repowering plan deadline established at N

.J .A .C. 7:27-19.21(b) is July 25, 2004; 7. The completion of repowering date referenced at N .J.A.C. 7:27- 19 .21(c)2v and (d)4 is no later than April 25, 2008; 8. The May 31, 1995, deadlines established at N .J .A.C. 7:27- 19.21(e)l, 4, and 6, are April 25, 2005; 9. The operation cessation deadline established at N .J .A .C. 7:27- 19.21(e)10is April 25, 2008 ; 10. The innovative control technology application deadline established at N.J .A .C. 7:27-19.23(b) is July 25, 2004; 11 . The implementation of the innovative control technology date referenced at N

.J .A.C. 7:27-19

.23(c)4, (d)2iii and 3 is no later than April 25, 2008 ; 12. The May 31, 1995, deadlines established at N.J .A .C. 7:27- 19.23(d)2iv, (e)1, 4, and 6, are April 25, 2005; and 13. The May 1, 1999, operation cessation deadline established at N.J.A.C. 7:27-19.23(e)9 does not apply to a former DER credit user . Instead, by April 25, 2008, the former DER credit user shall either implement the innovative control technology for the combustion source included in its innovative control technology plan or that source must comply with the NO, emissions limit under this subchapter.]* *(Reserved)* (h) *[The extension of the NO, RACT compliance deadline to April 25, 2005 at (g) above and the provisions of (g)1 through 13 above do not apply to a former DERcredit user : 1 . Whose only use of DER credits was in satisfaction of either the settlement of a penalty imposed pursuant to N .J .A .C. 7:27A-3 .10 or an Administrative Consent Order entered into with the Department prior to January 1, 2003; 2. To extend a deadline contained in an Administrative Consent Order (ACO) entered into with the Department prior to January 1, 2003, unless compliance with the ACO requires the use of NO, ; DER credits.]* *(Reserved)* (i)-(j) (No change.) 7:27-19.4 Boilers serving electric generating units (a) The owner or operator of any boiler serving an electric generating unit shall cause it to emit NO, ; at a rate no greater than the applicable maximumallowable NO . emission rate specified in Tables 1, 2 and 3 below, as applicable, unless the owner or operator is complying with N .J .A.C. 7:27-19.3(f) or unless otherwise specified in an enforceable agreement with the Department . Table 1 is operative through December 14, 2012. Table 2 is operative starting December 15, 2012 through April 30, 2015*, except that a coal-fired boiler serving an electric generating unit may be eligible for up to a one-year extension of the December 15, 2012 compliance date pursuant to (f) below* . Table 3 is operative on and after May l, 2015. A boiler serving an electric generating unit is also subject to the 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

.

NEW JERSEY REGISTER, MONDAY, APRIL 20, 2009 (CITE 41 N.J.R1835)ENVIRONMENTAL PROTECTION TABLE 1 (Operative through December 14, 2012) Maximum

Allowable NO, Emission Rates for Boilers Serving Electric Generating Units (pounds per million BTU)

Firing Method Fuel/Boiler Type Tangential Face Cyclone Coal -Wet 1 .0 1 .0 0.60 Bottom Coal - Dry 0.38 0.45 0.55 Bottom Oil and/or Gas 0 .20 0.28 0.43 Gas Only 0.20 0.20 0 .43 TABLE 2 (Operative fromDecember 15, 2012 through April 30, 2015) MaximumAllowable NO, Emission Rates for Boilers Serving Electric Generating Units (pounds per megawatt hour)

Firing Method Boiler Type Tangential Face Cyclone Coal 1 .50 1 .50 1 .50 Oil and/or Gas 2.00 2 .80 4.30 Gas only 2.00 2.00 4.30 TABLE 3 (Operative on and after May 1, 2015) Maximum

Allowable NO, Emission Rates for Boilers Serving Electric Generating Units (pounds permegawatt hour) Fuel Coal 1 .50 Heavier than No. 2 fuel oil 2.00 No. 2 and lighter fuel oil 1 .00 Gas only 1 .00 (b)-(c) (No change.) (d) The owner or operator of a boiler serving an electric generating unit shall demonstrate compliance with its applicable maximum allowable NO, ; emission rate in Table 2or 3 as follows: 1 . Using the methods at N .J .A.C. 7:27-19.15(a), any coal-fired boiler *that is subject to an emission rate at Table 2 above* shall demonstrate compliance with the maximumallowable NO, emission rate in Table 2 either by June 15, 2013 or, if the boiler *or control apparatus* is altered to meet the Table 2 emission rate, by the date determined by N.J .A.C. 7:27-19.15(c), whichever date is earlier, and thereafter according to the schedule in the approved permit*, except that a coal-fired boiler may be eligible for up to a one-year extension of the June 15, 2013 compliance demonstration date pursuant to (f) below* ; and 2. Using the methods at N .J .A.C. 7:27-19.15(a), any boiler that combusts any fuel other than coal *and that is subject to an emission t t T bl 3 b ve* shall demonstrate comliance with th ra e a a e a o p e applie.4 maximumallowable NO, emission rate in Table 3 by November 1,2f~ ; or, if the boiler *or control apparatus* is altered to meet the applici~ Table 3 emission rate, by the date determined by N.J .A.C. 7:27-19.156 whichever date is earlier, and thereafter according to the schedule in approved permit. *(e) When calculating a 24-hour NO=emission rate for an affe4 coal-fired unit, the owner or operator may exclude emissions from ..;. 1 . A unit that has ceased firing fossil fuel, the period of time, noti~ ~ exceed eight hours, frominitial firing of the unit until the unit is fir~ with coal and synchronized with a utility electric distribution systetq and 2. A unit that is to be shut down, the period of time in which thi unit is not longer synchronized with any utility electric distributiop system and is no longer fired with coal . (f) The owner or operator of a coal-fired boiler that is subject to Table 2 at (a) above may request up to a one-year extension past t4, December 15, 2012 Table 2 emission limit compliance deadline required at (a) and the June 15, 2013 compliance demonstratiou deadline required at (d)1 above by sending a written request to the; address at N.J .A.C. 7:27-19.30(a). 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 nof 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 i needed to install the control apparatus.* *[(e)]* *(g)* Each owner or operator identified at N .J .A .C. 7:27- 19.29(a) shall submit to the Department a 2009 HEDD Emission Reduction Compliance Demonstration Protocol and annual repbrte pursuant to N

.J .A .C. 7:27-19.29. *[(f)]* *(h)* Each owner or operator of a boiler serving an electric generating unit that is a HEDD unit shall submit to the Department a 2015 HEDD Emission Limit Achievement Plan and annual progress updates*, as applicable,* pursuant to N .J .A .C. 7:27-19.30. 7:27-19.5 Stationary combustion turbines (a) The owner or operator of a simple cycle combustion turbine shall '~ comply with (a)1 through 3 below, as applicable. 1 . Until March 7, 2007, the owner or operator of any stationary simple cycle combustion turbine that has a maximumgross heat input rate ofat ~ ; least 30 million BTUs per hour shall cause it to emit NO at a rate no ai greater than the applicable maximum allowable NO, emission rate ~' specified in Table 4 below, unless the owner or operator is complying 'f with N.J.A.C. 7:27-19

.3(f) . _ 2. March 7, 2007 through *[(the operative date of these ° amendments)]* *May 19, 2009*, the owner or operator of any simple cycle combustion turbine that has a maximumgross heat input rate of at least 25 million BTUs per hour and is a NO, Budget source shall cause it to emit NO, at a rate no greater than the applicable maximumallowable NO, emission rate specified in Table 4 below, unless the owner or operator is complying with N.J.A.C . 7:27-19.3(f) . 3. *[(One day after the operative date of these amendments)]* *May 20, 2009* through April 30, 2015, the owner or operator ofany simple cycle combustion turbine that is a HEDD unit shall cause it to emit NOX at a rate no greater than the lesser of the applicable maximumallowable NO, emission rate specified in Table 4 below, or the maximumallowable N0, emission rate contained in its preconstruction permit or operating permit, unless the owner or operator is complying with N.J .A .C. 7:27- 19.3(f) . TABLE 4'

Maximum

Allowable NOx Emission Rate for Simple Cycle Combustion Turbines (Pounds per million BTU) Fuel Used Maximum Allowable NO, Emission Rate (CITE 41 N

.J .R . 1836) NEW JERSEY REGISTER, MONDAY, APRIL 20, 2009ADOPTIONS

Oil 0.4 Gas 0,2 ' Through March 6, 2007, Table 4 applies to any stationary simple cycle combustion turbine that has a maximumgross heat input rate of at least 30 MMBTUper hour . March 7, 2007 through *[(the operative date of these amendments)]* *May 19, 2009*, Table 4 applies to any simple cycle combustion turbine that has a maximumgross heat input rate of at least 25 million MMBTU per hour and is a N0, Budget source. *[(One day after the operative date of these amendments)]* *May 20, 2009* through April 30, 2015, Table 4 applies to any simple cycle combustion turbine that is a HEDDUnit . (b) The owner or operator of a combined cycle combustion turbine or a regenerative cycle combustion turbine shall comply with (b)1 through 3 below, as applicable. l . Until March 7, 2007, the owner or operator of any combined cycle combustion turbine or a regenerative cycle combustion turbine that has a maximumgross heat input rate of at least 30million BTUs per hour shall cause it to emit NO, at a rate no greater than the applicable maximum allowable NOXemission rate specified in Table 5below, unless the owner or operator is complying with N.J.A.C. 7:27-19.3(f) . 2. March 7, 2007 through *[(the operative date of these amendments)]* *May 19, 2009*, the owner or operator ofany combined cycle combustion turbine or a regenerative cycle combustion turbine that has a maximumgross heat input rate of at least 25 MMBTUper hour and is a NO, Budget source shall cause it to emit NO . at a rate nogreater than the applicable maximumallowable NO, emission rate specified in Table 5 below, unless the owner or operator is complying with N .J .A .C. 7 :27- 19.3(f). 3. *[(One day after the operative date of these amendments)]* *May 20, 2009* through April 30, 2015, the owner or operator of any combined cycle combustion turbine or a regenerative cycle combustion turbine that is a HEDD unit shall cause it to emit NOX at a rate no greater than the lesser of the applicable maximumallowable NO, emission rate specified in Table 5 below, or the maximum allowable NO . emission rate contained in its preconstruction permit or operating permit, unless the owner or operator is complying with N .J .A.C. 7:27-19

.3(f) . TABLE 5' Maximum

Allowable NO, Emission Rate for Combined Cycle or Regenerative Cycle Combustion Turbines

(Pounds per million BTU) Fuel Used MaximumAllowable NO, Emission Rate Oil 0.35 Gas 0.15 ' Through March 6, 2007, Table 5 shall apply to any combined cycle or regenerative cycle combustion turbine that has a maximumgross heat input rate of at least 30 MMBTU per hour . March 7, 2007 through *[(the operative date of these amendments)]* *May 19, 2009*, Table 5 shall apply to any combined cycle or regenerative cycle combustion turbine that has a maximumgross heat input rate of at least 25 MMBTU per hour and that is a NO, Budget source. *[(One day after the operative date of these amendments)]* *May 20, 2009* through April 30, 2015, Table 5 shall apply to any combined cycle or regenerative cycle combustion turbine that is a HEDDUnit . (c) (No change.) (d) The owner or operator of a stationary combustion turbine shall : l . On and after March 7, 2007 through *[(the operative date of these amendments)] * *May 19, 2009*, ifthe stationary combustion turbine has a maximum

gross heat input rate of at least 25 million BTUper hour and is not a NO, budget source, cause it to emit NOX at a rate no greater than the applicable maximumallowable NO, emission rate specified in Table 6 below, unless the owner or operator is complying with (c)1 through 5 above or N

.J .A .C

. 7:27-19.3(f); and 2. On and after *[(one day after the operative date of these amendments)] * *May 20, 2009*, if the stationary combustion turbine is a non-HEDD unit, cause it to emit NO, ; at a rate no greater than the applicable maximumallowable NO, emission rate specified in Table 6 below, unless the owner or operator is complying with (c)1 through 5 above or N.J.A.C. 7:27-19 .3(f) . Maximum

Allowable NO

. Emission Rate for Stationary Combustion Turbines Tyne ofTurbine Type of Fuel Maximum Allowable NO, ; Emission Rate Combined cycle Gas 1 .3 pounds ofNO, per MWh combustion turbine or a regenerative cycle combustion turbine Simple cycle Gas 2.2 pounds ofNO, per MWh combustion turbine ' March 7, 2007 through *[(the operative date of these amendments)]* *May 19, 2009*, Table 6 applies to any stationary combustion turbine that has a maximumgross heat input rate of at least 25 million BTU per hour and that is not a NO, ; Budget source. On and after *[(one day after the operative date of these amendments)]* *May 20, 2009*, Table 6 applies to any stationary combustion turbine that is a non-HEDDunit . (e) (No change.) (f) To calculate pounds/MWh for units where energy is used for other than electric generation, for example useful heat froma combined heat and power unit, that useful energy should be converted to equivalent MWh and added to the electric output . The pounds/MWh is based on net energy output, for both electric output and useful heat output . (g) On and after May 1, 2015, the owner or operator of a stationary combustion turbine that is a HEDD unit *or a stationary combustion turbine that is capable of generating 15 MW or more and that commenced operation on or after May 1, 2005* shall : 1 . Cause it to emit NOx at a rate no greater than the applicable maximumallowable NO, ; emission rate specified in Table 7 below ; and 2. If the preconstruction permit or operating permit for *[the HEDD]* *such a* combustion turbine allows it to combust either liquid fuel oil or gaseous fuel, cause it to emit NO, ; at a rate no greater than the applicable maximum allowable NO, emission rate for gaseous fuel specified in Table 7 during operation on high electric demand days, regardless of the fuel combusted*, unless combusting gaseous fuel is not possible due to gas curtailment.*. TABLE 7'

Maximum

Allowable NO, Emission Rate for any Stationary Combustion Turbine that is a HEDD Unit

(Pounds per megawatt hour) Type ofTurbine Type of Fuel Maximum Allowable NO, Emission Rate ENVIRONMENTAL PROTECTION

TABLE 6'



### Oil

Oil 3.0 pounds ofNO, per MWh

2.0pounds ofNO, per MWh

Combined cycle Gas 0.75 pounds ofNO, per MWh combustion turbine or a regenerative cycle combustion turbine 

### Oil 1 .20pounds ofNO, per MWh Simple cycle Gas 1 .00 pounds ofN0, per MWh combustion turbine NEW JERSEY REGISTER, MONDAY, APRIL 20, 2009 (CITE 41 N .J.R . 1837)ENVIRONMENTAL PROTECTION Oil 1 .60pounds ofNO,, per MWh On and after May 1, 2015, Table 7 applies to any stationary combustion turbine that is a HEDD unit *or a stationary combustion turbine that is capable of generating 15 MW or more and that commenced operation on or after May 1, 2005* . (h) Any stationary combustion turbine 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. (i) The owner or operator of a stationary combustion turbine shall demonstrate compliance with the applicable maximum allowable NO, emission rate pursuant to N.J.A.C. 7:27-19.15 in accordance with the following schedule: 1 . For a non-HEDD turbine, compliance with the applicable maximum allowable NO, emission rate in Table 6 shall be demonstrated by *[(180 days after the day after operative date)]* *November 15, 2009*, and thereafter according to the schedule in the approved permit . If, within the period *[(five years prior to the day after the operative date of the amendments)]* *May 19, 2004* to *[(one day after the operative date of the amendments)]* *May 20, 2009*, the owner or operator provided to the Department satisfactory compliance demonstration test results that comply with Table 6, the owner or operator shall be exempt from demonstrating compliance again prior to *[(180 days after the day after operative date)]* *November 15, 2009* ; and 2. For a *[HEDD turbine,]* *stationary combustion turbine that is subject to the emission rate(s) at (g) above* compliance with the applicable maximumallowable NO, emission rate in Table 7 shall be demonstrated by November 1, 2015, or, if the HEDD unit is altered to meet the Table 7 emission rate, by November 1, 2015 or the date determined by N.J .A.C. 7 :27-19.15(c), whichever date is earlier, and thereafter according to the schedule in the approved permit. (j) Each owner or operator identified at N .J .A.C. 7:27-19.29(a) shall submit to the Department a 2009 HEDDEmission Reduction Compliance Demonstration Protocol and annual reports pursuant to N .J .A.C. 7:27- 19.29. (k) Each owner or operator of a stationary combustion turbine that is a HEDDunit shall submit to the Department a 2015 HEDDEmission Limit Achievement Plan and annual progress updates, *as applicable,* pursuant to N

.J .A.C. 7:27-19.30. 7:27-19.6 Emissions averaging (a)-(i) (No change.) (j) An owner or operator of an averaging unit which cannot be operated due to sudden and reasonably unforeseeable circumstances beyond the control of the owner or operator, *including, but not limited to, a Generator Forced/Unplanned Outage as defined by PJM Manual 35: Definitions and Acronyms, Revision: 14, Effective Date: October 21, 2008 at http"//wwwpim com/documents/manuals/-/media/documents/ manuals/m35.ashx, which definition is incorporated herein by reference, as supplemented or amended,* and for which the NOx emission rate specified under (b)4 above is less than the applicable maximumallowable NO . emission rate under N .J .A.C. 7:27-19.4, Iv, 19.7, 19.8, or 19.10shall take the following actions: 1 .-3. (No change.) (k) (No change.) 7:27-19.7 Industrial/commerciaUinstitutional boilers and other indirect

heat exchangers (a)-(c) (Reserved) (d) The owner or operator of any industriaUcommercial/institutio4j boiler or other indirect heat exchanger with a maximumgross heat input rate of at least 250 million BTUs per hour shall install a continuous emissions monitoring systemin accordance with N .J .A .C. 7 :27-19,18. "`F, (e)-(f) (Reserved) (g) (No change.) (h) On and after March 7, 2007, the owner or operator of industrial/commercial/institutional boiler or other indirect heat exchanger with a maximumgross heat input rate of at least 50 million BTU p~, hour, located at a major NOx facility, shall cause the boiler or otlier indirect heat exchanger to emit N0, at a rate no greater than the.: applicable maximumallowable NOx emission rate specified in Table 8 below, *[through the following dates,]* in accordance with the following,* unless the owner or operator is complying with N .J .A:C 7 :27-19.3(f) : 1 . For an industrial/commercial/institutional boiler or other indirect heat exchanger *[with a maximumgross heat input rate of at least 50 million BTUper hour, but less than 100 million BTU per hour]* *that is not located at a petroleumrefinery* : i. *The owner or operator shall cause the industriall commercial/institutional boiler or other indirect heat exchanger to emit NO= at a rate no greater than the applicable maximum allowable NO

. emission rate specified in Table 8 below* *[Through]'! *through* April 30, 2010, if *[the owner or operator is complying with (i)2i below]* *compliance is achieved without physically modifying the boiler or other indirect heat exchanger* ; or ii . *The owner or operator shall cause the industrial' commercial/institutional boiler of other indirect heat exchanger to emit NO

. at a rate no greater than the applicable maximum allowable NO

. emission rate specified in Table 8 below* *[Through]* *through* April 30, 2011, if *[the owner or operator is complying with (i)2ii below]* *compliance is achieved by physically modifying the boiler or other indirect heat exchanger* ; and 2. For an industrial/commercial/institutional boiler or other indirect heat exchanger *that is located at a petroleum refinery, the dates at (h)1 above shall not apply. The owner or operator shall cause the industrial/commercial/institutional boiler or other indirect heat exchanger to emit NO= at a rate no greater than the applicable maximumallowable NO, emission rate specified in Table 8 below .* *[with a maximumgross heat input rate of at least 100 million BTUper hour or greater: i. Through (the day before the operative date of these amendments), if the owner or operator is complying with (i)3i below ; or ii . Through April 30, 2010, if the owner or operator is complying with (i)3ii below

.]* TABLE 8 Maximum

Allowable NO, Emission Rates for Industrial/Commercial/Institutional Boilers or other Indirect Heat Exchangers (pounds per million BTU) Heat Input Rate (milli on BTUPer h_6 Fuel/Boiler Typ at least 50 but < 100 Natural gas only No. 2 Fuel oil only FirinQMethod Tangential Face Cyclone 0.10 0.10 0.10 0.12 0.12 0.12 (CITE 41 N.J.R 1838) NEW JERSEY REGISTER, MONDAY, APRIL 20, 2009ADOPTIONS

(i) The owner or operator of an industrial/commercial/institutional boiler or other indirect heat exchanger*,* with a maximumgross heat input rate of at least 25 million BTUper hour, whether or not it is located at a major NO, facility, *but which is not located at a petroleum refinery,* shall cause the boiler or other indirect heat exchanger to emit NO, at a rate no greater than the applicable maximumallowable NO, emission rate specified at Table 9 belowin accordance with the following schedule, unless the owner or operator is complying with N .J .A .C. 7 :27- 19.3(f) : 1 . For an industrial/commercial/institutional boiler or other indirect heat exchanger with a maximum gross heat input rate of at least 25 million BTU per hour, but less than 50 million BTUper hour: i .On and after May 1, 2011, if compliance is achieved without physically modifying the boiler or other indirect heat exchanger ; or ii . On and after May 1, 2012, if compliance is achieved by physically modifying the boiler or other indirect heat exchanger ; *and* 2. For an industrial/commercial/institutional boiler or other indirect heat exchanger with a maximumgross heat input rate of at least 50 million BTU per hour*[, but less than 100million BTU per hour]* : i .On and after May 1, 2010, if compliance is achieved without physically modifying the boiler or other indirect heat exchanger ; or ii . On and after May 1, 2011 if compliance is achieved by physically modifying the boiler or other indirect heat exchanger*[ ; and 3. For an industrial/commercial/institutional boiler or other indirect heat exchanger with a maximumgross heat input rate of at least 100 million BTU per hour or greater: i . On and after (the operative date of these amendments), if compliance is achieved without physically modifying the boiler or other indirect heat exchanger; or ii . On and after May 1, 2010, if compliance is achieved by physically modifying the boiler or other indirect heat exchanger]* . TABLE 9 Maximum

Allowable NO, Emission Rates for Industrial/Commercial/Institutional Boilers or Other Indirect Heat Exchangers Fired by Gas or Liquid Fuels (pounds per million BTU) Heat Input Rate Rate (pounds per (million BTUper hr) Fuel Type million BTU) at least 25but < 100 Natural gas only 0.05 No. 2 Fuel oil only 0.08 *[Refinery fuel gas 0.20 and other)* *Other* gaseous fuels *(This does not include refinery fuel gas)* Other liquid fuels 0.20 Dual fuel using 0.12 fuel oil *[and]* *and/or* natural gas at least 100 or greater Natural gas only 0.10 No. 2 Fuel oil only 0.10 *[Refinery fuel gas 0.20 and other] * *Other* gaseous fuels *(This does not include refinery fuel gas)* ENVIRONMENTAL PROTECTION

Other liquid fuels Dual fuel using fuel oil *[and]* *and/or* natural gas 0.20 0 .20

7:27-19.8 Stationary reciprocating engines (a)-(d) (No change.) (e) On and after March 7, 2007, the owner or operator of a stationary reciprocating engine used for generating electricity whether or not it is located at a major NO . facility, shall meet the following requirements, unless the owner or operator is complying with N .J .A .C. 7:27-19.3(f) : 1 . For an engine that has a maximumrated power output of 148 kW or greater, cause it to emit NO, at a rate no greater than the applicable maximum

allowable NO, emission rate specified in Table 10below ; TABLE 10 (No change in text.) 2.-3. (No change.) 4. For a group oftwo or more stationary reciprocating engines, each of which has a rated power output of 37 kW or greater, but less than 148 kW, and whose total combined power output is 148 kW or greater, cause it to emit NO, at a rate no greater than the applicable maximumallowable NO, ; emission rate specified in Table 10 above . 5. For a modified engine to take advantage of a percent reduction standard specified in Table 10 at (e)l above, or (e)3 above in lieu of the default emission standard, the equivalent grams per bhp-hr limit must be incorporated into a Preconstruction Permit or Operating Permit. To support the permit application, a stack test conducted in accordance with N.J .A.C. 7:27-19.15(a)2, utilizing a protocol developed using the protocol templates in Technical Manual 1004, available at the Department's website at *[www .state.nj .us/aqpp/techman html ]* * www .state.ni .us/deo/agna/techman.html *, must be used to establish the baseline emission rate prior to modification. The engine must have had the combustion processes adjusted using the procedures at N.J .A .C. 7:27-19.16 prior to the stack test. The protocol and test results must be approved by the Bureau ofTechnical Services (BTS) . (f) (No change.) 7:27-19.9 Asphalt pavement production plants (a) The owner or operator of an asphalt pavement production plant shall cause it to emit NO, ; at a rate no greater than the applicable maximumallowable NOX emission concentrations specified in Table I I below, in accordance with the schedule specified at (f) below . TABLE 11 MaximumAllowable NO, Emission Concentrations for Asphalt Pavement Production Plants (ppmvd at seven percent OZ) Fuel Type Natural gas No. 2fuel oil No. 4fuel oil, heavier fuel oils or onspecification used oil or any mixture of these three oils 75 100 125 (b) At least annually, the owner or operator of an asphalt pavement production plant subject to (a) above shall adjust the combustion process of the aggregate dryer in accordance with N .J .A.C. 7:27-19.16. NO, Emission Concentration

NEW JERSEY REGISTER, MONDAY, APRIL 20, 2009 (CITE 41 N.J.R. 1839)ENVIRONMENTAL PROTECTION

(c) In lieu of complying with a NO, emission limit under (a) above, the owner or operator of an asphalt pavement production plant may comply with N.J .A

.C. 7:27-19.3(f) . (d) The owner or operator of an asphalt pavement production plant shall performthe following best management practices: 1 . Reduce aggregate moisture content by: i . Covering the aggregate stockpile to prevent high water content due to rain; or ii . Designing and operating stockpiles for water drainage and removing sand and aggregate frompiles at a sufficient height above the base to avoid charging wet mix to the dryer; 2. Conduct monthly inspections of the flights in the dryer when the dryer is in use to determine the degree of wear and the need for replacement . If necessary, replace or modify a flight with an appropriate flight for the applicable combustion zone; and 3. Annually inspect the air system and repair air system leaks to minimize excess air. (e) The owner or operator of an asphalt pavement production plant shall record and maintain onsite logs of the implementation of the best management practices required in (d) above. Each record shall be maintained in accordance with N .J .A.C. 7:27-19.19. (f) The owner or operator of an asphalt pavement production plant shall comply with the NO . emission concentrations at (a) above in accordance with the following schedule: 1 . An asphalt pavement production dryer with a maximumgross heat input rate of less than 100MMBTU/hr, shall comply: i .On and after May 1, 2011, if compliance is achieved without physically modifying the dryer; or ii . On and after May 1, 2012, if compliance is achieved by physically modifying the dryer. 2. An asphalt pavement production dryer with a maximumgross heat input of at least 100 MMBTU/hr, *[but less than 120MMBTU/hr,]* shall comply: i .On and after May 1, 2010, if compliance is achieved without physically modifying the dryer; or ii . On and after May 1, 2011, if compliance is achieved by physically modifying the dryer. *[3. An asphalt pavement production dryer with a maximumgross heat input ofat least 120 MMBTU/hr or greater shall comply: i . On and after (the operative date of these amendments), ifcompliance is achieved without physically modifying the dryer; or ii . On and after May 1, 2010, if compliance is achieved by physically modifying the dryer.]* 7:27-19 .10 Glass manufacturing furnaces (a) The owner or operator of any commercial container glass manufacturing furnace listed in N.J.A.C. 7:27-19.2(b)6, specialty container glass manufacturing furnace listed in N.J .A.C. 7:27-19.2(b)7, borosilicate recipe glass manufacturing furnace listed in N .J .A.C. 7 :27- 19.2(b)8, or pressed glass manufacturing furnace, blown glass manufacturing furnace or fiberglass manufacturing furnace listed in N .J .A .C. 7:27-19.2(b)9 shall cause the furnace to emit no more than 4.0 pounds ofNO, per ton of glass removed from the fumace. (b) The owner or operator of any flat glass manufacturing furnace listed in N

.J .A.C. 7:27-*[19.2(b)7]**19.2(b)9* shall cause the furnace to emit no more than 9.2 pounds of NO . per ton of glass removed fromthe furnace. (c) (Reserved) (d) A glass manufacturing furnace subject to this subchapter shall comply with the requirements of (a) and (b) above beginning on and after May 1, 2010 on the first date of startup after which rebricking of the furnace is completed. (e) (No change.) (f) In lieu of complying with a NO, emission limit under (a) or (b) above, the owner or operator of a glass manufacturing furnace may comply with one of the following, or with a combination of (f)1 and 3 below : 1 . (No change.) 2. An alternative maximumallowable emission rate for the furnace, approved by the Department pursuant to N .J .A .C. 7:27-19.13; or 3. A seasonal fuel switching plan for the furnace, approved by th, Department pursuant to N.J .A.C. 7:27-19.14 and 19.20 . 7:27-19.12 Municipal solid waste (MSW) incinerators (a) The owner or operator of a MSW incinerator of any size shall cause it to emit NO, at a maximumallowable emission concentration of 150ppmvd at seven percent oxygen based on a calendar day average: : _ l . On and after *[(60 days after the operative date ofthese newrules and amendments)]* *July 18, 2009*, if compliance is achieved bj optimizing the existing NO, air pollution control system without modifying the MSW

incinerator; or 2. On and after May 1, *[2010]* *2011*, if compliance is achieved by installing a newNO, ; air pollution control system on an existing MSVJ incinerator or by physically modifying an existing MSW incinerator. (b) In lieu of complying with the maximum allowable emissions concentration at (a) above, the owner or operator of a MSW incinerator may comply by obtaining an alternative maximum allowable NO, emission rate approved by the Department pursuant to N.J .A.C. 7:27- 19.13. (c) The owner or operator of any MSW incinerator shall install a NO continuous emissions monitoring systemon a MSW incinerator satisfying the requirements of N .J .A .C. 7:27-19.18 and shall demonstrate compliance with (a) or (b) above using the NO . continuous emissions monitoring system

. 7:27-19.13 Alternative and facility-specific *[maximumallowable]*

NOx emission *[rates]* *limits* (a) This section establishes procedures and standards for the establishment of alternative maximumallowable NOx emission rates*, maximum allowable NO . emission concentrations, or other N0, regulatory parameters,* and facility-specific maximumallowable No ., emission rates*, maximumallowable NO . emission concentrations, or' other NO

. regulatory parameters* in the following circumstances: 1 . Ifthe owner or operator of a major NO, facility seeks approval of a maximum allowable emission rate*, maximum allowable emission concentration, or other regulatory parameter* for any source operation or itemof equipment of a category not listed in N.J .A.C . 7:27- 19.2(b) or (c) that has the potential to emit more than 10 tons ofNO, per year, except as provided in (p) below . Such a rate*, concentration, or other limit* approved by the Department pursuant to N.J.A.C. 7:27- 19.13 shall be called a facility-specific *[maximumallowable]* NO, emission *[rate]* *limit (FSEL)* . The owner or operator shall obtain this *[rate]* *FSEL* by submitting a proposed facility-specific NO . control plan pursuant to (b) below ; 2. Ifthe owner or operator of a source operation or itemof equipment listed in N.J .A

.C. 7:27-19.2(b) or (c) seeks approval of an alternative maximum allowable emission rate, '*alternative maximum allowable emission concentration, or other alternative regulatory parameter,* which would apply to the equipment or source operation in lieu of the maximum allowable emission rate*, maximum allowable emission concentration, or other regulatory parameter, respectively,* that would otherwise apply under this subchapter. The owner or operator shall obtain this *alternative* rate*, alternative concentration or other alternative limit* by submitting a request for an alternative *[maximum allowable]* emission *[rate]* *limit (AEL)* pursuant to (b) below ; or 3. If the owner or operator of a source operation or itemof equipment was issued a facility-specific or an alternative *[maximumallowable]* emissions *[rate]* *limit* for that source operation or itemof equipment prior to May 1, 2005, and if the owner or operator would like to continue to operate under this *[rate]* *limit*, the owner or operator shall submit a proposed facility-specific NO control plan or a request for an alternative *[maximum allowable]* emission *[rate]* *limit*, as applicable, pursuant to (b) below . (b) The owner or operator of a facility described in (a) above shall obtain the Department's written approval of a facility-specific N0, control plan or an alternative *[maximumallowable]* emission *[rate]* *limit* as follows: 1 . Any facility-specific NO, control plan, including the facilityspecific *[maximumallowable]* emission *[rate]* *limit*, approved by the Department after *[(the operative date of these new rules and (CITE 41 N

.J.R . 1840) NEW JERSEY REGISTER, MONDAY, APRIL 20, 2009ADOPTIONS

amendments)]* *May 19, 2009* shall not have an expiration date, except in accordance with (b)6 *and (j)* below ; 2. Any alternative *[maximumallowable]* emission *[rate]* *limit* approved by the Department after *[(the operative date of these new rules and amendments)]* *May 19, 2009* shall have a termof 10 years, unless the source operation or item of equipment with the alternative *[maximum

allowable]* emission *[rate]* *limit* is modified, altered or reconstructed during the termof the plan. If the source operation or item is modified, altered or reconstructed, (b)6 *or (k)* below*, as applicable* shall also apply *[and the owner or operator shall also meet the requirements at (b)6below]* ; 3. Any owner or operator in (a)1 shall submit to the Department in writing a proposed facility-specific NO, control plan for the facility. In the proposed facility-specific NO, control plan, the owner or operator shall include: Recodify existing 1 . and 2. as i. and ii . (No change in text.) 4. Any owner or operator of a facility described in (a)2 above shall submit to the Department a written request for an alternative *[maximum allowable]* emission *[rate]* *limit* for each applicable source operation or item of equipment. In the request, the owner or operator shall include the information listed in *[(d)]* *(c)* below ; 5. Any owner or operator of a facility described in (a)3 above shall submit to the Department a written request for an alternative *[maximum allowable]* emission *[rate]* *limit* or a proposed facility-specific NO, ; control plan by *[(90 days after the operative date of these amendments)]* *August 17, 2009* . The owner or operator may request a *[60-day]* *90-day* extension pursuant to N .J .A.C . 7:27-19.3(e) to submit the request or proposed plan; i . In the proposed facility-specific NO, ; control plan, the owner or operator shall include the information listed at (b)3i and ii above. In a request for an alternative *[maximum allowable]* emission *[rate]* *limit*, the owner or operator shall include the information listed at *[(d)]* *(c)* below

; ii . If the owner or operator submits a request or proposed plan by *[(90 days after the operative date of these newrules and amendments)]* *August 17, 2009* or by the date of any extension approved by the Department, the owner or operator's existing alternative *[maximum allowable]* emission *[rate]* *limit* or facility-specific *[maximum allowable]* emission *[rate]* *limit*, as applicable, shall terminate on the date stated in the implementation schedule of the request or proposed plan that the Department approves; and iii . Ifthe owner or operator does not submit a request or proposed plan or extension request by *[(90 days after the operative date of these new rules and amendments)]* *August 17, 2009*, the owner or operator's existing alternative *[maximum allowable]* emission *[rate]* *limit* emission rate or facility-specific *[maximum allowable]* emission *[rate]* *limit* shall terminate on *[(90 days after the operative date of these amendments)]* *August 17,2009* ; 6. If the owner or operator of a facility has an approved alternative *[maximum allowable]* emission *[rate]* *limit* or an approved facility-specific *[maximumallowable]* emission *[rate]* *limit* for a source operation or itemof equipment, and intends to modify, alter or reconstruct that source operation or item of equipment, such that the alternative or facility-specific *[maximumallowable]* emission *[rate]* *limit* would change, the existing alternative or facility-specific *[maximumallowable]* emission *[rate]* *limit* shall terminate on the *[start]* *start-up* date of the *[modification, alteration or reconstruction]* *modified, altered or reconstructed source operation or item of equipment* . If the owner or operator plans to continue operating under an alternative or facility-specific *[maximum allowable]* emission *[rate]* *limit*, the owner or operator shall, pursuant to this section, apply for and obtain approval of a new alternative *[maximumallowable]* emission *[rate]* *limit* or facilityspecific NO, control plan prior to operation of the modified, altered or reconstructed source operation or itemof equipment ; and 7. If the owner or operator of a facility that has an approved 10-year termalternative *[maximumallowable]* emission *[rate]* *limit* plans to continue operating under an alternative *[maximum allowable]* emission *[rate]* *limit* beyond the existing *[rate's]* *limit's* expiration date, the owner or operator shall submit a request for a new ENVIRONMENTAL PROTECTION alternative *[maximumallowable]* emission *[rate]* *limit* at least one year prior to the termination date of the existing alternative *[maximum allowable]* emission *[rate]* *limit* . The existing *[rate]* *alternative emission limit* shall terminate on its termination date or on the date of the Department's final action on the proposed new alternative *[maximumallowable]* emission *[rate]* *limit*, whichever is later. (c) The owner or operator of a source operation or itemof equipment listed in N.J .A

.C. 7:27-19.2(b) may request approval of an alternative *[maximum allowable]* emission *[rate]* *limit* in accordance with this section. In the request, the owner or operator shall include: 1 .-3. (No change.) (d) In addition to the information required under (b) or (c) above, as applicable, the owner or operator shall include the following information in a proposed *facility-specific* NO, ; control plan or request for an alternative *[maximumallowable]* emission *[rate]* *limit* : 1 . For each source operation or itemof equipment listed in (b)3i above or (c)1 above, as applicable, a list of all NOa control technologies available for use with the equipment or source operation; 2.-3. (No change.) 4. An estimate ofthe remaining useful life of each source operation or itemof equipment listed in (b)3i above or (c)1 above, as applicable; 5. (No change.) 6. For each source operation or itemof equipment listed in (b)3i above or (c)l above, as applicable, the NO . control technology or technologies which the owner or operator proposes to employ and an implementation schedule; 7. For each source operation or itemofequipment listed in (b)3i above or (c)1 above, as applicable, a proposed *[maximum allowable]* NO, emission *[rate]* *limit* ; 8.-9. (No change.) (e) Within 30 days after reciving a proposed NO, control plan or request for an alternative *[maximum allowable]* emission *[rate]* *limit*, the Department shall notify the owner or operator in writing whether the submission includes all ofthe information required under (d) above and under (b) or (c) above, as applicable. If the proposed N0, control plan or request for an alternative *[maximum allowable]* emission *[rate]* *limit* is incomplete, the following shall apply: 1 .-4. (No change.) 5. If the owner or operator fails to submit a complete request for an alternative *[maximumallowable]* emission *[rate]* *limit* within the time stated in the Department's notification, the Department may deny the request . (f) The Department shall seek comments from the general public before making any final decision to approve or disapprove a proposed NO, control plan or request for an alternative *[maximumallowable]* emission *[rate]* *limit* . The Department shall publish notice of opportunity for public comment in a newspaper of general circulation in the area in which the major N0, facility is located. (g) Within six months after receiving a complete proposed NO~ control plan or request for an alternative *[maximum allowable]* emission *[rate]* *limit*, the Department shall approve, approve and modify, or disapprove the proposed plan or request and notify the owner or operator of the decision in writing. The Department shall approve the proposed plan or request only if it satisfies the following requirements : 1 .-2 . (No change.) 3. For any control technologies described in (g)2 above which the owner or operator does not propose to use on the equipment or source operation, the proposed plan or request demonstrates that the control technology: i .-ii . (No change.) iii . Would carry costs disproportionate to the improvement in the reduction of the NO, emissions *[rate]* *limit* which the control technology is likely to achieve, or disproportionately large in comparison to the total reduction in NO, ; emissions which the control technology is likely to achieve over its useful life; or iv. (No change.) 4. The emission *[rate]* *limit* proposed for each source operation and item of equipment is the lowest *[rate]* *limit,* which can practicably be achieved at a cost within the limits described in (g)3iii and iv above; NEW JERSEY REGISTER, MONDAY, APRIL 20, 2009 (CITE 41 N .J .R . 1841)ENVIRONMENTAL PROTECTION

5. The cost of achieving an additional emission reduction beyond each proposed emission *[rate]* *limit* would be disproportionate to the size and environmental impact ofthat additional emission reduction; and 6. (No change.) (h) Any alternate *[maximum allowable]* emission *[rate]* *limit* pursuant to (c) above or NO, *[Control Plan]* *control plan* pursuant to (b) above approved by the Department will be submitted to EPA for approval as a revision to the State Implementation Plan (SIP) for ozone . (i) As a condition of an approval issued under this section, the Department may impose requirements upon the operation of any of the equipment or source operations at the subject facility listed pursuant to *[(b)l]* *(b)3i* or (c)1 above necessary to minimize any adverse impact upon human health, welfare and the environment. (j) (No change.) (k) An approval of an alternative *[maximumallowable]* emission *[rate]* *limit* is void upon the alteration of equipment or source operation which is subject to the rate unless: 1 . The Department approves continued application of the existing alternative *[maximum allowable]* emission *[rate]* *limit* if the proposed alteration does not materially affect the basis of the Department's original approval ; or 2 . The owner or operator, before altering any equipment or source operation which is subject to an alternative *[maximum allowable]* emission *[rate]* *limit*, applies for and obtains the Department's approval of: i . A revised alternative *[maximum allowable]* emission *[rate]* *limit* pursuant to this section, reflecting the proposed alteration; and ii . (No change.) (1) (No change.) (m) Aperson may request an adjudicatory hearing in accordance with the procedure at N.J.A.C. 7:27-1 .32, if : 1. The Department denied the person's application for approval of a plan or alternative *[rate]* *limit* under this section; 2 . (No change.) 3. The Department has revoked the person's approval pursuant to (1)1, 2 or *[4]* *3* above. (n) The owner or operator of a facility described in (a)1 above shall implement the NO

. control plan (including, without limitation, complying with the *[maximumallowable]* emission *[rate]* *limit* set forth in the plan) approved by the Department by May 31, 1995, or by March 7, 2007 for any facility, equipment or source operation that is subject to a *[maximum allowable]* NO, emissions *[rate]* *limit* under this subchapter as set forth at N .J .A.C. 7:27-19.5(d), 19.7(h), or 19.8(e), and maintain compliance with the plan and all conditions of the Department's approval thereafter . The owner or operator of a source operation or itemof equipment for which the Department has approved an alternative *[maximum allowable]* emission *[rate]* *limit* shall cause it to emit NO, at a rate no greater than the approved alternative *[maximum

allowable]* emission *[rate]* *limit* . (o) The owner or operator submitting a proposed NO, ; control plan or request for an alternative *[maximum allowable]* emission *[rate]* *limit* shall send it to the Department at the following address: Chief, Bureau of *[Preconstruction Permitting]* *Operating Permits* Division of Air Quality Department ofEnvironmental Protection 401 East State Street PO Box 027 Trenton, New

Jersey 08625-0027 (p) (No change.) 7:27-19.15 Procedures and deadlines for demonstrating compliance (a) Except as set forth in (d) and (e) below, the owner or operator of equipment or a source operation subject to an emission limit under this subchapter shall demonstrate compliance with the emission limit as follows: 1 .-2. (No change.) (b) Except as set forth in (d) source operation subject to this January 1, 1995, the owner or and (e) below, *for* any equipment or subchapter that was in operation before operator shall demonstrate compliance with this subchapter in accordance with (a)1 or 2 above by May 31, 1996, and thereafter at the frequency set forth in the permit for such equipmept or source operation, except that the owner or operator of any faciflty, equipment or source operation that is subject to a NOX emissions li~t under this subchapter as set forth at N .J .A .C. 7:27-19.5(d), 19.7(h), or. . 19.8(e), and that is in operation before November 7, 2005 sb4' demonstrate compliance with this subchapter in accordance with (a)1 0,2 above by March 7, 2008. Test results that demonstrate compliance with a newrequirement within the five years preceding November 7, 2005 shall be accepted by the Department as satisfying this test requirement, if the testing and test report were reviewed by the Department and found satisfactory. (c) Except as set forth in (d) and (e) below, for any equipment or source operation subject to this subchapter which commences operations or is altered after January 1, 1995, the owner or operator shall demonstrate compliance with this subchapter in accordance with (a)1 or 2 above within 180 days fromthe date on which the source commences operation, and thereafter at the frequency set forth in the permit for such equipment or source operation. (d) For any equipment or source operation at an asphalt pavement production plant subject to a NO, emissions limit at N .J .A .C. 7:27- 19.9(a), the owner or operator shall demonstrate compliance with this subchapter in accordance with (a)2 above, within *[180]* *365* days from the date at N

.J .A.C. 7:27-19.9(f)1*[,]* *or* 2 *[or 3]*, and thereafter at the frequency set forth in the permit for such equipment or source operation. (e) The owner or operator of any glass manufacturing furnace identified at N

.J .A.C. 7:27-19.2(b)6 through 9 shall demonstrate compliance with the emission limit at N.J.A.C 7:27-19.10(a), (b) or (f)2, as applicable, as follows: 1 . Within 180 days after the first date after *[(the operative date ofthis amendment)]* *May 19, 2009* on which rebricking of the furnace is completed, and thereafter at the frequency set forth in the permit for such glass manufacturing furnace, the owner or operator shall demonstrate compliance in accordance with (e)2or 3 below, whichever is applicable. 2. If a continuous emissions monitoring systemhas not been installed on the glass manufacturing furnace the owner or operator shall : i. Determine the average pounds of NO, emitted per hour by averaging three one-hour tests in accordance with (a)2 above; ii . Determine the average tons of glass removed per hour during the same time period as the three one-hour tests in (e)2i above; iii . Divide the average pounds ofNO, emitted per hour determined in (e)2i by the average tons of glass removed per hour determined in (e)2ii . The quotient is pounds ofNO, emitted per of ton glass removed; iv. Compare the quotient to the emission limit specified at N.J .A.C. 7:27-19 .10(a), (b) or (f)2, as applicable; and v. Comply with the COtesting requirements at (a)2above. 3. If a continuous emissions monitoring systemhas been installed on the glass manufacturing furnace, on a daily basis the owner or operator shall : i. Determine the average pounds of NO, emitted perday in accordance with (a)Ii or ii above, as applicable; ii . Determine the tons of glass removed per day during the same day as in (e)3i above; iii . Divide the average pounds of NO, emitted per day determined in (e)3i by the tons of glass removed per day determined in (e)3ii . The quotient is pounds ofNO, emitted per ton ofglass removed; and iv. Compare the quotient to the emission limit at N.J .A.C. 7:27- 19.10(a), (b) or (f)2, as applicable. (f) An exceedance of any applicable NO, emission limit set forth in this subchapter, determined through testing or monitoring performed pursuant to (a) through (e) above or otherwise, is a violation of this subchapter. 7:27-19.21 Phased compliance-repowering (a)-(d) (No change.) (e) An owner or operator who has obtained the Department's approval of a repowering plan shall : 1 .-8. (No change.) (CITE 41 N

.J .R . 1842) NEW JERSEY REGISTER, MONDAY, APRIL 20, 2009ADOPTIONS

9. If the plan includes a boiler serving an electric generating unit, cause the repowered boiler serving an electric generating unit to emit NO, at a rate no higher than the applicable maximum allowable NO, listed in Table 12 below (provided however, that the NO, emission limits in Table 12 shall not be construed to limit the owner or operator's obligations under (e)8 above) ; and 10. (No change.) TABLE 12 (No change in text.) 7:27-19.22 Phased compliance-impracticability of full compliance by

*[(the operative date ofthese amendments)]* *May 19, 2009* (a) Any owner or operator listed at N .J .A.C. 7:27-19.29(a) who has submitted a phased compliance plan to the Department is authorized to comply with the plan ifthe Department approves the plan pursuant to this section and N.J.A.C. 7:27-19.14 . The owner or operator's compliance with the plan is in lieu of achieving by *[(the operative date of these amendments)]* *May 19, 2009* the NO, emission reductions required by Equation 1 at N

.J .A.C . 7:27-19.29(c). (b) By *[(21 days after the operative date of these amendments)]* *June 9, 2009*, an owner or operator seeking approval of a phased compliance plan shall submit to the Department an application for approval of the phased compliance plan pursuant to N.J.A.C. 7:27-19.14. If an owner or operator fails to submit the application by *[(21 days after the operative date of these amendments)]* *June 9, 2009*, the Department may reject the application. The Department may elect to process a late application, based on howlate the application is, the nature and extent ofthe owner or operator's efforts to submit the application on time, and whether the owner or operator advised the Department before the application due date that a late application would be submitted. If the Department elects to process a late application, the pendency of the application shall not be a defense to a violation of the requirement at N .J .A.C. 7:27-19.29(b)1 to achieve the NO . emission reductions calculated pursuant to Equation 1 at N.J.A.C. 7:27-19.29(c) to which the owner or operator is subject in the absence of an approved plan. In the application, the owner or operator shall include the following information in addition to the information required under N .J .A.C . 7:27-19 .14: 1. (No change.) 2 . A description of the steps that the owner or operator has taken to obtain compliance with the NO emission reduction requirements at N .J .A.C. 7:27-19.29; and 3. For each measure included in the plan, a detailed explanation of the reasons why the owner or operator believes that implementation of the measure by *[(the operative date of these amendments)]* *May 19, 2009* is impracticable. (c) The owner or operator shall include the following information in the phased compliance plan with respect to each measure included in the plan: 1 . A description ofthe measure and howit is expected to reduce NO, emissions; 2. For each measure that requires modification of a combustion source, such as installation of a control apparatus, a proposed schedule setting dates by which the owner or operator will complete the following milestones for the measure: i.-iv. (No change.) v. Attain full compliance with the NO, emission reduction determined by Equation 1 at N

.J .A.C. 7 :27-19

.29(c) ; , 3. For each NO, emission reduction measure that does not require modification of a combustion source, a proposed schedule setting dates by which the owner or operator shall complete all applicable milestones for implementing the measure; and 4. Any other information that the Department requests, which is reasonably necessary to enable it to determine whether each proposed NO . emission reduction measure will achieve the NO, emission reduction determined by Equation 1 at N.J.A .C. 7:27-19.29(c) . (d) The Department shall approve a phased compliance plan only ifthe following requirements are satisfied with respect to each NO, emission reduction measure included in the plan: ENVIRONMENTAL PROTECTION 1. (No change.) 2. The information submitted under (b)2 above establishes that the owner or operator has made a good faith effort to obtain compliance with the NO, emission reduction determined by Equation 1 at N .J .A .C . 7:27- 19.29(c) by implementing.all available NO . emission reduction measures that can be reasonably implemented prior to *[(the operative date of these amendments)]* *May 19,2009* ; 3. The information submitted under (b)3 above, evaluated in light of the criteria set forth in (e) below, establishes that it is impracticable for the NO, emission reduction measure to be implemented prior to *[(the operative date ofthese amendments)]* *May 19, 2009* ; and 4. (No change.) (e) In determining whether compliance with the emission reduction determined by Equation 1 at N .J .A .C. 7:27-19.29(c) by *[(the operative date of these amendments)]* *May 19, 2009* is impracticable, the Department shall apply the following criteria: 1 .-3. (No change.) 4. The nature, extent and probability of any harmto public safety or welfare that could result from accelerating construction and/or installation in order to attain compliance by *[(the operative date of these amendments)]* *May 19, 2009* . For example, if it were probable that the owner or operator of the electric generating utility could not attain compliance by that date without subjecting a substantial number of customers to voltage reductions and/or interruptions in electric service, that fact would be relevant in establishing impracticability. (f) On the date that the approved phased compliance plan provides for the owner or operator to attain full compliance with the emission reduction determined by Equation 1 at N .J .A .C. 7:27-19.29(c), the Department's approval of the phased compliance plan shall expire. Upon expiration of the Department's approval, the owner or operator shall be subject to all applicable requirements of N .J .A .C. 7:27-19

.29, including the NO, emission reduction that would have been required in the absence of an approved plan. (g) An owner or operator who has obtained the Department's approval of a phased compliance plan shall : 1 . Operate all combustion sources affected by the plan in a manner that complies with the plan and with all conditions of the Department's approval ; 2.-3. (No change.) 4. During the interim period, control NO . emissions from all combustion sources as follows: i . (No change.) ii . By seasonally combusting natural gas in accordance with N.J .A.C . 7:27-19.20, or implementing other measures that the Department determines are appropriate in light of the costs involved and the total quantity ofNO, reductions that will be achieved until the full compliance date listed in (c)2v above. 7:27-19 .27 *[Use ofNO, budget allowances by a former DERcredit user (a) A former DERcredit user who used DER credits to comply with a NO . emissions limit under this subchapter, and who would continue to require the use of DER credits to comply with that limit, may use NO . budget allowances, as defined by the provisions of N .J .A .C. 7:27-31, to achieve compliance with the applicable NO, RACT emission limits of this subchapter. (b) The number of NO, budget allowances to be retired during any given calendar year pursuant to (a) above shall be determined as follows: 1 . Determine the allowable NO . emissions for the equipment or control apparatus for the calendar year in question by calculating the quantity of NO

. emissions in tons per year (tpy) which would be allowed for the equipment or control apparatus. The allowable NO, emissions for a single fuel shall be the total BTU (higher heating value) burned in the calendar year times the maximum allowable NO, emission rate, in pounds per million BTU, for the equipment or control apparatus in question, converted to tons per year (by dividing by 2,000) . The allowable NO

. emissions for a stationary internal combustion engine shall be the total number of horsepower hours produced in the calendar year times the maximum allowable NO, emission rate, in grams per horsepower hour, for the equipment or control apparatus in question, NEW JERSEY REGISTER, MONDAY, APRIL 20, 2009 (CITE 41 N .J.R 1843)ENVIRONMENTAL PROTECTION

converted to tons per year (by dividing by 908,000) . Maximumallowable NO, emission rates are codified at N .J .A.C. 7:27-19.4(a), Table 1 ; 19.5(a), Table 2; 19.5(b), Table 3; 19.7(b), Table 4; N.J .A.C. 7:27- 19.7(c), Table 5 and N

.J .A.C 7:27-19.8(a), (b) and (c) . If more than one fuel is burned, determine the allowable emission separately for each fuel and then sum

these allowable emissions; 2. Determine the actual NO, emissions, in tons, for the equipment or control apparatus for the calendar year in question as follows: i. For a facaility using a continuous emissions monitoring systemto demonstrate compliance with the requirements of this subchapter pursuant to N.J.A.C. 7:27-19.15(a)1, integrate the measured concentration with a stack gas volumetric flowrate monitor, corrected for oxygen concentration and temperature, and convert it to cumulative tons. Use only instrumentation and methodology approved by the Chief of the Department's Bureau of Technical Services, whose address is set forth at N .J .A .C. 7:27-19.18(m) ; ii . For a facility using the average of three one-hour tests to demonstrate compliance with the requirements of this subchapter pursuant to N

.J .A.C. 7:27-19.15(a)2, multiply the measured average pounds per hour by the operating hours per calendar year, or multiply the measured average emission factor in pounds per million BTU (higher heating value) by the measured annual fuel use expressed in millioi~ per calendar year, based on the higher heating value ofthe fuel, or iii . For a stationary internal combustion engine, multiply the m~~ average emission rate in grams per horsepower hour by the annual horsepower hours generated by the engine, then convert inta by dividing by 908,000; 3. Subtract the allowable NO, emissions determined in (b)1 from the actual emissions determined in (b)2 above to yield the q of excess NO, emissions, in tons, from the equipment or co apparatus, that occurred during the calendar year in question; and 4. Take the quantity of excess NOx emissions calculated under, t above (expressed in tons) and round it up to the next whole nutnb~ari tons toyield the number of NO, ; allowances to be retired. (c) By April 1 of the year following the calendar year when the N..x budget allowances were used, the former DER credit user using N(~, budget allowances to comply with the applicable NO . RACT emissi limits set forth in this subchapter shall provide the Departrnent ivi~ documentation demonstrating that the appropriate number of allowan~ has been retired, along with the supporting calculations described in (li above, using the form set forth at the Appendix to this subchaptet; promulgated and incorporated herein by reference.]* *(Reserved.)*

(CITE 41 N.J.R 1844) NEW JERSEY REGISTER, MONDAY, APRIL 20, 2009ADOPTIONS -[APPENDIX

A. General Information Name ofUser : _ User Address: County: User Type of Business: Air ProgramInterest No . Equipment Permit No. Location ofthe equipment at the facility: Name ofContact Person: Telephone Number: - E-Mail Address: New Jersey Department of Environmental Protection Notice of Use ofNO, Budget Allowances

B. Allowance Information Calendar Year NO, Budget Allowances Were Used: Maximum

Quantity of Excess Emissions : Number ofNO, Budget Allowances Needed: Specify the NO, ; Budget Allowance Serial Number(s) : C . Supporting Documentation: This submission is not complete without attached Allowances Needed using the protocol set forth at N .J .A.C . 7:27-19.27(b) . Confirmattachment ofsupporting documentation and number of pages: documentation D . Certification by Source Owner or erator I certify under penalty of law that I believe the information provided in this Notice of Use, significant civil and criminal penalties, including the possibility of fine or imprisonment information. Signed: Title: ENVIRONMENTAL PROTECTION

of the calculation of the number of NO, Budget

is true, accurate and complete. I amaware that there are or both for submitting false, inaccurate or incomplete

This form(and all attachments) are to be submitted to the Department at the applicable address listed below : Ifthe source is located in Mercer, Middlesex, Monmouth, Ocean or Union County: Department ofEnvironmental Protection Air Compliance &Enforcement Central Regional Office Horizon Center, PO Box 407 Trenton, New

Jersey 08625-0407 Ifthe source is located in Hunterdon, Morris, Passaic, Warren County: Department ofEnvironmental Protection Air Compliance & Enforcement Northern Regional Office 1259Route 46 East, Building 2 Parsippany-Troy Hills, New Jersey 07054-4191 Somerset or Ifthe source is located in Bergen. Essex, or Hudson County: Department ofEnvironmental Protection Air Compliance &Enforcement Metro Regional Office 2 Babcock Place West Orange, New

Jersey 07052-5504 Ifthe facility is located in Atlantic, Burlington, Cumberland, Gloucester or SalemCounty: Department ofEnvironmental Protection Air Compliance & Enforcement Southern Regional Office 2 Riverside Drive, Suite 201 Camden, New

Jersey 08102]* Camden, Cape May,

NEW JERSEY REGISTER, MONDAY, APRIL 20, 2009 (CITE 41 N.J.R 1845)ENVIRONMENTAL PROTECTION

7:27-19 .28 Sewage sludge incinerators , (a) The owner or operator of a sewage sludge incinerator shall cause it to emit NO

. at a rate no greater than the applicable maximumallowable NO, emission rate specified in Table 13 below, unless the owner or operator is complying withN.J .A,C. 7:27-19 .3(f) . TABLE 13 Maximum

Allowable NO,, Emission Rates for Sewage Sludge

Incinerators (pounds ofNO, ; per ton of dry sewage sludge) 

### Multiple Hearth 7.0 Fluidized Bed 2 .5 (b) In lieu of complying with the maximumallowable NO, ; emissions rate at (a) above, the owner or operator of a sewage sludge incinerator may comply with N.J .A.C . 7:27-19.3(f), or obtain an alternative maximum allowable NO . emission rate approved by the Department pursuant to N

.J .A.C.7:27-19.13. (c) The owner or operator shall demonstrate compliance with (a) or (b) above in accordance with N .J .A .C . 7:27-19 .15(a)2. NO, emission reductions as would have been required by Equation l below . The owner or operator shall demonstrate that the owner or lemented the 2009 Protocol, or a modified protocol operator imp approved by the Department pursuant to (h) below, on each high electric demand day during the calendar year of the applicable annual report; and* *[4.]* *5 .* Submit to the Department, at the address below, an annual report, pursuant to (k) below . *[Chief, Bureau of Operating Permits Air Quality Permitting Program]* *Assistant Director, Air Quality Permitting Element Division of Air Quality New Jersey* Department of Environmental Protection *401 East State Street* POBox 027 nto NJ 08625-0027*1 .]* Tre (c) The owner or operator shall *[achieve]* *obtain* the NO, emission reductions determined by Equation 1 on each high electric demand day *pursuant to (b)3 above* . Equation 1 is: ER= (BE = EF) x RF Where: ER, BE, EF and RF are in units of tons of NO, per high electric demand day (t/HEDD) ; ER (Emission Reduction) = The total tons of NO, reductions that is required from

an owner or operator on each high electric demand day; BE (Baseline Emission) = The total tons ofNO, that would be emitted , on each high electric demand day, if the owner or operator did not ' b d 7:27-19.29 2009 HEDDEmission Reduction Compliance

Demonstration Protocol (a) This section shall apply to any owner or operator of a 1]EDD unit, or their successors or assigns, that operated on July 26, 2005, and that meets the following: 1 . If a HEDD unit is a combustion turbine and was not controlled by water injection or SCR, or is a boiler and was not controlled by SCRor SNCR ; and 2 . The NO, emission rate of a HEDD unit was 0.15 pounds per MMBTUor greater . Todetermine the emissions rate ofthe HEDDunit, the owner or operator shall obtain the emission rate, in lb/MMBtu, for the HEDDunit for July 26, 2005 from the USEPA Clean Air Markets Division (CAMD) NO, emission data, which as of *[(the date of this rulemaking)]* *March 20, 2009* can be found ath'//camddataandmaps epa gov/gdm/. (b) Each owner or operator identified in (a) above shall : *[l . Assure that the NO, emission reductions, determined by Equation l at (c) below, occur on each high electric demand day from (the operative date ofthese amendments) through September 30, 2014, unless the Department approves a phased compliance plan pursuant to N .J.A.C . 7:27-19.22 with a later initial compliance date. All emission reductions must be obtained through one or more measures that meet the requirements at (d) below ;]* *[2.]* *1 .* Prepare a 2009 HEDD Emission Reduction Compliance Demonstration Protocol, hereafter referred to as the 2009 Protocol, in accordance with (d) below . Each emission reduction measure that is used to obtain emission reductions shall be included in the 2009Protocol ; *[3.]* *2.* Submit to the Department, at the address *at (b)5* below, by *1(30 days after the operative date of this rule)]* *June 18, 2009*, a 2009Protocol ; *[and]* *3. Obtain the NO, emission reductions determined by Equation I at (c) below, using one or more measures that meet the requirements at (d) belowand that are listed in the 2009 Protocol, on each high electric demand day starting on May 19, 2009 through September 30, 2014, unless the Department has approved, pursuant to N.J.A.C . 7:27-19.22, a phased compliance plan with an initial compliance date that is after May 19, 2009 ; 4. Demonstrate that all NO, emission reductions required by (b)3 above were obtained. The owner or operator shall include this demonstration in the annual report at (k) below . Conduct any demonstration using: i. Calculations that demonstrate that the owner or operator achieved all emission reductions required at (b)3 above; or ii . The Department-approved method of demonstrating in the 2009 Protocol that implementation of the 2009 Protocol on each high electric demand day that occurred starting January 1, 2005 through December 31, 2007 would have resulted in at least as many tons of implement any emission reduction measures. This calculation 2s asa on total actual operation of HEDDunits *and total actual operation of new electric generating units installed to replace one or more HEDD units* for that high electric demand day; EF (Emission Factor) =The total tons of NO, that were emitted by all of the owner or operator's IIEDD units on July 26, 2005. In order to calculate EF, the owner or operator shall obtain the NO, ; emitted, in tons, for each HEDD unit operated on July 26, 2005, fromthe *[USEPA]* *EPA* Clean Air Markets Division (CAMD) NO, emission data, which as of *[(the date ofthis rulemaking)]* *March 20, 2009* can be found at / d,4 tandmavs ena Qov/edm /; and hta: cam a / RF (Reduction Factor) = The HEDD NOx emission reduction factor for each owner or operator shall be the sumof all Unit Reduction Factors (URF), A URF shall be calculated, in tons, for each HEDD unit that operated on July 26, 2005, using the following equation: URF = (UE x C) Where: URF (Unit Reduction Factor) = The reduction of NO, emissions, in tons, emitted by a HEDD unit on July 26, 2005 that would have occurred if the unit had been controlled; UE (Unit Emissions) = The tons ofNO, emissions emitted by a HEDD unit on July 26, 2005 obtained from the *[USEPA]* *EPA* Clean Air Markets Division (CAMD) NO, ; emission data, which as of *[(the date of this rulemaking)]* *March 20, 2009* can be found at httn://camddataandmans ena.gov/edm/; and C(Control Factor) = If the HEDD unit is a combustion turbine that was not controlled with water injection or Selective Catalytic Reduction

1 26 2005 *and the NO, emission rate of that unit was (SCR) on Ju y , , _ 0 .151b/MMBtu or greater on July 26, 2005,* then C is equal to 0.4. If the HEDD unit is a boiler that was not controlled with SCR or Selective Non-Catalytic Reduction (SNCR) controls on July 26, 2005, *and the NO, emission rate of that unit was 0.15 1bIMMBtu or greater onJuly 26, 2005,* then C is equal to 0.3. If the HEDD unit is a combustion turbine that was controlled with water injection or SCRon July 26, 2005, or *is* a boiler that was controlled with SCR or SNCR on July 26, 2005, *or had a NO

. emission rate of less than 0.15 Ib/MMBtu on July 26, 2005,* then C is equal to 0. (d) The 2009 Protocol shall include the following: 1 . The calculations performed in (c) above for EF and RF; 2. A list of measures used to obtain the required emission reductions determined by Equation 1. The measures must result in emission reductions that are real, quantifiable, enforceable, surplus, and are not required to comply with any State or Federal permit, regulation, enforceable agreement, or high electric demand day emission reduction (CITE 41 N.J.R 1846) NEW JERSEY REGISTER, MONDAY, APRIL 20, 2009ADOPTIONS

program . Any of the following measures may be considered to achieve the required emission reductions: i . Installation of a control apparatus on an existing HEDD unit that is located in New

Jersey, Pennsylvania, Delaware, or Maryland; ii . Reduction in the usage of any HEDD unit that is located in New Jersey, Pennsylvania, Delaware, or Maryland; iii . Installation of a control apparatus on an existing non-HEDD unit that is located in New

Jersey, Pennsylvania, Delaware, or Maryland; iv. Commitment to combust natural gas in any HEDD unit that is permitted to combust either natural gas or fuel oil during high electric demand days when it would be economically preferred to combust fuel oil ; v. Implementation of an energy efficiency measure in New Jersey, as long as the energy efficiency measure was not committed to prior to *[(the operative date of these amendments)]* *May 19, 2009* ; vi . Implementation of a demand response measure in New Jersey such ; as: i (1) A measure that shifts load, as long as the demand response i measure was not committed to prior to *[(the operative date of these amendments)]* *May 19, 2009* ; or (2) A measure that sheds load to clean distributed generation units, as long as the demand response measure was not committed to prior to *[(the operative date ofthese amendments)]* *May 19, 2009* ; vii . Implementation of a renewable energy measure in New Jersey, as long as the renewable energy measure was not committed to prior to *[(the operative date ofthese amendments)]* *May 19, 2009* ; and viii . Any other measure, approved by the Department, that provides NO, ; emission reductions and ozone air quality benefits to New Jersey. 3. The 2009 Protocol shall include, at a minimum, the following for each measure: i. A complete description of the measure; ii . A quantification of the emi'ssion reductions from the measure and how the quantification was determined; iii. The reasons why this measure is not necessary under any current State or Federal permit, regulation, enforcement agreement, or high electric demand day emission reduction program ; iv. The methods to be used to calculate and verify emission reductions; v. Monitoring requirements to ensure that the emission reductions determined by Equation I are achieved. This shall include, but not be limited to, the following, as applicable, for each electric generating unit: (1) Fuel flow/firing rate instrument to monitor fuel consumption; (2) CEMs monitoring of NO, emissions or monitoring of any parameterthat can be used to calculate the NO . emissions; and (3) Stack testing; and vi . A list of records to be maintained pursuant to the requirements of N.J .A.C . 7:27-19

.19. The records maintained should be sufficient to document that the emission reductions determined by Equation 1 are achieved. This shall include, but not be limited to the records, as applicable, listed in (e) below, for each high electric demand day. (e) The list of records to be maintained pursuant to *[(d)2vi]* *(d)3vi* above are the following: 1 . The date ofeach high electric demand day; 2. The actions taken to reduce emissions; 3. The start and end time for operation of each EGU operated during that high electric demand day; 4. The total hours of operation for each EGUin (e)3 above; 5. The type of fuel combusted by each EGUin (e)3 above; 6. The hourly fuel use for each EGU in (e)3 above; 7. The hourly load in MW for each EGU in (e)3 above; 8. The hourly heat input in MMBtu/hr to each EGU in (e)3 above; 9. The hourly water injection rate for each EGU in (e)3 above; 10 . The hourly ammonia injection rate for each EGUin (e)3 above; 11 . The catalytic bed temperature for each EGU in (e)3 above; 12. The CEM

values or documentation on howthe baseline and actual No . emission rates were calculated for each EGUin (e)3 above; 13. Any other data needed to calculate baseline and actual NO, emissions for each EGU in (e)3 above; 14. Calculations and results for the following: i. Baseline NO, emissions (BE in Equation 1, at (c) above) ; ENVIRONMENTAL PROTECTION - ii . Actual NOx emissions after 2009 Protocol control measures, calculated pursuant to the approved 2009Protocol ; iii . Required NO, emission reduction (ER in Equation 1, at (c) above) ; and iv. Actual NO, emission reduction (BE - actual emissions resulting from2009Protocol measures) ; 15. The fuel prices for that high electric demand day; and 16. Any other records necessary to document the emission reductions achieved. (f) Within 30 calendar days after receiving a proposed 2009 Protocol, the Department will notify the owner or operator in writing whether the proposed 2009Protocol includes all of the information required under (d) above. If the proposed 2009 Protocol is incomplete: 1. The Department will include in the notice a list ofthe deficiencies, a statement of the additional information required to make the proposed 2009 Protocol complete, and a time by which the owner or operator must submit a complete proposed 2009 Protocol ; 2. The owner or operator shall correct the deficiencies listed in the Department's notice within the time stated in the Department's notice; and 3. The Department may disapprove the proposed 2009 Protocol if the owner or operator fails to correct the deficiencies within the time stated in the Department's notice. (g) The Department may approve, revise and approve, or disapprove the proposed 2009 Protocol based on whether or not the proposed 2009 Protocol contains the contents required by (d) above . *Except for (g)3 below, until the Department approves a proposed 2009 Protocol, implementation of the proposed 2009 Protocol constitutes compliance with (b)3 above.* The Department will notify the owner or operator of the *Department's* action in writing*[ .]* *as follows: 1 . If the Department approves the proposed 2009 Protocol, the Department will notify the owner or operator in writing of the Department's approval ; 2. If the Department revises the proposed 2009 Protocol and approves the revised proposed 2009 Protocol, the Department will notify the owner or operator in writing of the Department's revision and approval . In this notification the Department will list all revisions the Department made to the proposed 2009 Protocol, and include a compliance schedule if time is necessary to implement the revisions; or 3. If the Department disapproves the proposed 2009 Protocol, the Department will notify the owner or operator in writing of the Department's disapproval . In this notification the Department will include a list of the reasons for disapproval and a list of changes or additional information needed to make the proposed 2009 Protocol compliant with (d) above and approvable . If the owner or operator does not submit a revised proposed 2009 Protocol, with all information required by the Department's notification, to the Department at the address at (b)5 above within 60 days of receiving the Department's notification, then one of the following shall apply: i. If the owner or operator fails to submit a revised proposed 2009 Protocol by the deadline, implementation of the proposed 2009 Protocol shall no longer constitute compliance with (b)3 above after the deadline; or ii. If the owner or operator submits a revised proposed 2009 Protocol that does not include all information required by the Department's notification, implementation of the proposed 2009 Protocol shall no longer constitute compliance with (b)3 above after the Department notifies the owner or operator that the revised proposed 2009Protocol is still not approvable.* (h) The owner or operator may revise the 2009 Protocol at any time as follows: 1 . The owner or operator shall submit to the Department, at the address at *[(b)]* *(b)5* above, a proposed revised 2009 Protocol . The proposed revised 2009 Protocol shall include all the information required by (d) above; 2. The Department will notify the owner or operator of any deficiencies pursuant to (f) above; and 3. The Department will approve, revise and approve, or disapprove the proposed revised 2009 Protocol based on whether or not the proposed NEW JERSEY REGISTER, MONDAY, APRIL 20, 2009 (CITE 41 N .J .R . 1847)ENVIRONMENTAL PROTECTION

2009 Protocol contains the contents required by (d) above. The Department will notify the owner or operator of the action in writing. (i) Ifthe owner or operator of *[a HEDD or non-HEDD]* *an electric generating* unit that is included in an approved 2009 Protocol changes between *[(the operative date of these amendments)]* *May 19, 2009* and September 30, 2014, the old owner or operator shall submit a revised 2009 Protocol to the Department, at the address in *[(b)]* *(b)5* above, within 30 calendar days of the change taking place, for approval in accordance with (h) above. The revised 2009 Protocol shall demonstrate that all required emission reductions will continue to be obtained, and shall clearly define how the required emission reductions will be obtained henceforth and which owner or operator shall be responsible for achieving the required emission reductions. Any shared responsibility for the emission reductions shall be clearly defined in the revised 2009 Protocol . (j) An owner or operator may implement any emission reduction measure that meets the requirements at (d) above ifthe owner or operator has obtained all necessary permit modifications pursuant to N .J .A .C. 7:27-8 and 22, submits a revised 2009 Protocol to the Department at the address at *[(b)]* *(b)5* above within 30 days of implementing the measure, and maintains compliance with all other applicable provisions of N.J .A.C. 7:27. (k) Each owner or operator identified in (a) above shall submit an annual report*[,]* for calendar years 2009 through 2014*[,]**. Each annual report shall be submitted* to the Department to the address at *[(b)]* *(b)5* above, by January 30th of the following year. (For example, the annual report for 2009 is due on January 30, 20J0.) At a minimum, the annual report shall include the following information, as applicable, for each measure and each high electric demand day: 1 . The actions taken to reduce emissions; 2. The baseline and actual emissions in total tons; 3. For measures not associated with an EGU unit, the annual report shall include any documentation required by the approved 2009 Protocol ; and 4. For measures associated with an EGU unit, the annual report shall include: i. The total hours of operation for each EGU; ii . The type of fuel combusted; iii . The hourly fuel use; iv. The hourly load in MW ; v. The hourly heat input in MMBtu/hr ; vi . The hourly water injection rate; vii . The hourly ammonia injection rate; viii . The catalytic bed temperature; ix. The CEM

values or documentation on how the baseline and actual NO, ; emission rates were calculated; x. Any other data used to calculate baseline and actual NO, emissions; xi . The calculations and results for: (1) Baseline N0, emissions (BE in Equation 1, at (c) above) ; (2) Actual NO, emissions after emission reduction measures; (3) Required NO, emission reduction (ERin Equation 1, at (c) above) ; and (4) Actual NO, emission reduction (BE - actual emissions after emission reduction measures) ; xii . Fuel prices; and xiii . Any other documentation required by the Department in the approved 2009 Protocol . 7:27-19.30 2015 HEDDEmission Limit Achievement Plan (a) Each owner or operator of an HEDD unit shall submit to the Department at the address below, by May 1, 2010, a 2015 HEDD Emission Limit Achievement Plan, hereafter referred to as the 2015 Plan. *[Chief, Bureau of Operating Permits Air Quality Permitting Program]* *Assistant Director, Air Quality Permitting Element Division ofAir Quality New Jersey* Department ofEnvironmental Protection *401 East State Street* PO Box 027 Trenton, NJ 08625-0027 (b) The 2015 Plan shall describe how the owner or operator intenda comply with the 2015 HE DD maximum allowable NO emission rates; each HEDD unit owned or operated. The 2015 Plan shall include; ioiiowmg: l . A list of HEDD units that are expected to be *[shut down]* *t,~

y ay , , out of service* b M l 2015 in lieu of complying *by May 1, 201 with the applicable maximumallowable NOx emission rate(s) in Tablei3~ at N .J .A.C. 7:27-19.4(a) for boilers or Table 7 at N .J .A.C. 7:27-19N-)~ for turbines. The following information shall be included for each I-IpDD

..... . .. .. . . .., , .r, .,., .., .. . ., ., ., L--.. . . . .J .». . . . . . .. . oc1vicei . The name ofthe facility at which the HEDD unit is located; ii . The facility ID number; iii. The emission unit ID number; iv. The HEDDunit description; v. The proposed schedule for *[shut down]* *taking the unit outroi service* ; vi . An explanation of any obstacles that may prevent this unit from being *[shut down]* *taken out ofservice according to the schedule at *(b)lv* above* ; and vii . Any other documentation that would identify the unit or clarifythu above information; and 2 . A list of HEDD units on which the owner or operator proposes to install a control apparatus, or for which the owner or operator proposes tc operate differently, in order to obtain compliance with the applicable maximumallowable NO, emission rate(s) in Table 3 at N .J .A.C. 7:27- 19.4(a) for boilers or Table 7 at N .J .A .C. 7:27-19.5(g) for turbines. Th'e following information shall be included for each such HEDD unit: i. The name ofthe facility at which the HEDD unit is located; ii . The facility ID number; iii . The emission unit ID number; iv. The HEDDunit description; v. A description of the proposed current operation; vi . An explanation of what the expected emission control efficiency will be and what emission rate will be achievable with the proposed control apparatus or change to the current operation; vii . The proposed schedule for permitting, installation and operation of the proposed control apparatus or change to the current operation; viii . An explanation of any obstacles that may prevent the installation of the proposed control apparatus or change to the current operation; and ix. Any other documentation that would identify the unit or clarify the above information*[ .]**; and 3 . A list of HEDD units that have demonstrated compliance, -in accordance with N.J.A .C . 7:27-19

.15, with the applicable maximum allowable NO, emission rate(s) in Table 3 at N.J.A .C. 7:27-19.4(a) for boilers or Table 7 at N.J.A .C . 7:27-19.5(g) for turbines, prior to May 1, 2010. The following information shall be included for each such HEDD unit : i. The name of the facility at which the HEDD unit is located; ii . The facility ID number; iii. The emission unit ID number ; iv. The HEDDunit description; and v. The maximum allowable NO, emission rate in the preconstruction permit or the operating permit for the REDD unit, for each fuel combusted by the unit.* (c) *[Each owner or operator of an HEDD unit shall submit to the Department, with the annual compliance certification, submitted pursuant to N.J .A.C. 7:27-22, for the calendar years 2010 through 2014, an update on the progress ofthe 2015 Plan. All HEDD units shall be included in the update. For each HEDD unit owned or operated, the following information shall be included in the update:]* *The owner or operator of a HEDD unit shall prepare an update on the owner or operator's progress in complying with the 2015 Plan as follows: 1 . An owner or operator of a HEDD unit shall prepare an update for each calendar year 2010 through 2014 if, on January 1 of that calendaryear, any of the owner or operator's HEDD units: i. Did not comply with the applicable maximum allowable NO . emission rate(s) in Table 3 at N.J.A.C. 7:27-19.4(a) for boilers or Table 7 at N

.J.A.C. 7:27-19.5(g) for turbines; and ii. Was not taken out of service; (CITE 41 N.J.R. 1848) NEW JERSEY REGISTER, MONDAY, APRIL 20, 2009

### ADOPTIONS

2 . The owner or operator shall submit an update required by (c)1 above by January 30 after the calendar year of the update. For example, an update for calendar year 2010 shall be submitted to the Department by January 30, 2011 ; 3. The owner or operator shall submit each update to the Department at the address at (a) above; and 4. An update shall include the following information for each HEDD unit meeting the criteria at (c)1i through iii above:* *[1 .]* *i .* The name of the facility at which the HEDD unit is located; *[2.]* *ii .* The facility IDnumber; *[3.]* *iii .* The emission unit IDnumber; *[4.]* *iv.* The HEDD unit description; *[5.]* *v.* The progress made toward achieving the proposed schedule for permitting, installation and operation at (b)2vii above; *[6.]* *vi .* An explanation of any obstacles that have been encountered or are anticipated and how they will be overcome; and *[7.]* *vii .* An explanation of any revisions to the 2015 Plan. SUBCHAPTER 21 . EMISSION STATEMENTS 7:27-21 .1 Definitions The following words and terms, when used in this subchapter, have the following meanings, unless the context clearly indicates otherwise. "Operating scenario" means a plan for operating a facility or a portion thereof in a way, or according to a method, or using methods or processes, which are different fromother methods or processes used at the facility, or portion thereof. An operating scenario may be incorporated into a permit through issuance of an initial operating permit, minor modification, significant modification, or authorized through a seven-day-notice. 7:27-21 .5 Required contents ofan Emission Statement (a)-(i) (No change.) (j) The owner or operator of any VOC stationary storage tank with a floating roof shall include the following roof landing emission information: l . As part of the Emission Statement, submit each tank's annual roof landing emissions *[as a separate operating scenario; and]* *as follows: i .If the tank's preconstruction permit or operating permit, as applicable, contains a separate operating scenario for roof landing emissions, submit the tank's annual roof landing emissions as a separate operating scenario; or ii. If the tank's preconstruction permit or operating permit, as applicable, does not contain a separate operating scenario for roof ENVIRONMENTAL PROTECTION landing emissions, add a separate operating scenario for rooflanding emissions to the Emission Statement and submit the tank's annual roof landing emissions as a separate operating scenario; and* 2 . As supporting documentation, submit with the Emission Statement an annual electronic report titled "Floating Roof Landing Emission Summary Report" ifthe owner or operator of a floating rooftank has not implemented all control measures in the tank VOCcontrol plan submitted pursuant to N

.J .A.C. 7:27-16

.2(p), or if a floating roof tank is exempt pursuant to N

.J .A .C. 7:27-16.2(f)6. The report shall contain the following information for each tank: i . The tank NJIDNumber; ii. The total rooflanding emissions; iii . The tank roof type (internal floating roof, external floating roof, or domed external floating roof) ; iv. The total number ofroof landing events; v. A list ofeach VOC, including different grades and specifications of gasoline, stored in the tank for any part of the year; vi . The vapor pressure at standard conditions for the contents listed at v above; vii . The floating roof lander height setting, where lander height is the distance between the bottomof the roof deck and the top most point of the surface of the tank floor; viii . The diameter of the tank roof; and ix. The permit activity number if the tank is operating under a Preconstruction Permit and Operating Certificate

. CHAPTER27A AIRADMINISTRATIVE PROCEDURES AND PENALTIES SUBCHAPTER3. CIVIL ADMINISTRATIVE PENALITESAND REQUESTS FORADJUDICATORY HEARINGS 7:27A-3.10 Civil administrative penalties for violation ofrules adopted

pursuant to the Act (a)-(1) (No change.) (m) The violations of N .J .A.C. 7:27, whether the violation is minor or non-minor in accordance with (q) through (t) below, and the civil administrative penalty amounts for each violation are as set forth in the following Civil Administrative Penalty Schedule. The numbers of the following subsections correspond to the numbers of the corresponding subchapter in N.J .A

.C. 7:27. The rule summaries for the requirements set forth in the Civil Administrative Penalty Schedule in this subsection are provided for informational purposes only and have no legal effect. CIVIL ADMINISTRATIVE PENALTY SCHEDULE 1 .-3. (No change.) 4 . The violations of N.J .A .C. 7:27-4, Control and Prohibition of Particles fromthe Combustion of Fuel, and the civil administrative penalty amounts for each violation, per source, are as set forth in the following table:

Citation N.J.A.C. 7:27-4

.2 (a), (b) and (c) CLASS . Maximum

Actual Emissions For less than 10 pounds per hour: 1 . Less than 25 percent over the allowable standard 2. From 25 through 50 percent over the allowable standard 3. Greater than 50percent over the allowable standard From10pounds through 22.8 pounds per hour: 1 . Less than 25 percent over the allowable standard Fourth and Each Type of First Second Third Subsequent Violation Offense Offense Offense Offense

NM $2,0003 $4,0003 $10,0003 $30,0003 NM $4,0003 $8,0003 $20,000' $50,000' NM $8,0003 $16,0003 $40,0003 $50,0003 NM $6,0003 $12,0003 $30,0003 $50,0003 NEW JERSEY REGISTER, MONDAY, APRIL 20, 2009 (CITE 41 N.J.R 1849)ENVIRONMENTAL PROTECTION 2. From25through 50 percent over the allowable standard 3. Greater than 50 percent over the allowable standard For greater than 22.8 pounds per hour : 1 . Less than 25 percent over the allowable standard 2. From 25 through 50 percent over the allowable standard 3. Greater than 50 percent over the allowable standard NM $8,0003 $16,0003 $40,0003 $50 ;000' NM $10,0003 $20,0003 $50,0003 NM $8,0003 $16,0003 $40,0003 $50,000' : NM $10,000' $20,0003 $50,0003 $50,000'~ NM $10,0003 $20,0003 $50,0003 $50,000~ 5.-9. (No change.) 10. The violations of N .J .A .C. 7:27-10, Sulfur in Solid Fuels, and the civil administrative penalty amounts for each violation, per source, are as set forth in the following table: Fourth and Each Type of First Second Third Subsequent Violation Offense Offense Offense Offense Citation Class N.J.A.C. 7:27-10.2(h) and 10.5(a), (b) and (c) Conditions and Provisions Detected by Continuous Monitoring System 3 Revoke Certificate to Operate Under N.J.A.C . 7:27-8 (if applicable) 11 .-15. (No change.) See N.J .A.C. 7:27A-3.10(n) for the calculation of civil administrative penalties. 16. The violations of N.J .A.C. 7:27-16, Control and Prohibition ofAir Pollution by Volatile Organic Compounds (VOC), and the civil administrative '- penalty amounts for each violation, per source, are as set forth in the following table:

Citation Class *[N.J .A.C. 7:27-16.2(k) Records *N.J.A.C. 7:27-16.2(h) Seal-Envelope N .J .A.C. 7:27-16.2(1)1 N.J.A.C. 7:27-16.2(1)2 N.J.A.C. 7:27-16.2(1)4 N .J .A .C . 7:27-16.2(1)5iii N .J .A.C. 7:27-16.2(1)6i N .J .A .C. 7:27-16.2(1)6ii N .J .A.C. 7:27-16

.2(1)7i, ii, iii, v, vi N .J .A.C. 7:27-16.2(1)7iv N.J .A.C. 7:27-16.2(1)8 N.J .A.C. 7:27-16.2(1)9 N.J .A.C. 7:27-16.2(1)10 N.J .A.C. 7:27-16.2(1)11 N.J .A.C. 7:27-16.2(1)12 N.J .A.C. 7:27-16.2(1)13 N.J .A.C. 7 :27-16.2(m) N.J.A.C. 7:27-16.2(n) and (o) N .J .A.C. 7:27-16.2(p) Install and maintain gaskets, covers, sleeves and openings Install and maintain rimseal system Install domed roof Maintain vapor space LEL Install and maintain rim seal system Maintain vapor space LEL Install and maintain gaskets, covers, sleeves, openings and vapor space Install and maintain rimseal system Install and maintain floating roofor equivalent Replace primary seal Replace secondary Seal Install and maintain covers and openings Install and maintain floating roof Install and maintain covers and openings Internal floating roof Roof Landings Submit control plan Fourth and Each Type of First Second Third Subsequent Violation Offense Offense Offense Offense M $5003 $1,000 $2,5003 $7,5003]* NM $2,000' $4,000 $10,000' $30,000'*

$6003 $1,2003 $3,000' $9,0003 NM $2,0003 $4,000' $10,0003 NM $2,000' $4,0003 $10,0003 NM $6003 $1,2003 $3,0003 NM $2,0003 $4,0003 $10,0003 NM $6003 $1,2003 $3,0003 NM $6003 $1,2003 $3,0003 $30,0003 $30,0003 $9,0003 $30,0003 $9,0003 $9,0003 NM $2,0003 $4,000' $10,0003 $30,0003 NM $2,0003 $4,0003 $10,0003 $30,0003 NM $2,0003 $4,0003 $10,0003 $30,0003 NM $2,0003 $4,0003 $10,0003 $30,0003 NM $600' $1,200' $3,0003 $9,000' NM $2,0003 $4,000' $10,000' $30,0003 NM $6003 $1,200' $3,0003 $9,0003 NM $2,000' $4,0003 $10,0003 $30,000' NM $2,0003 $4,0003 $10,0003 $30,0003 NM $600' $1,2003 $3,0003 $9,0003 (CITE 41 N.J .R 1850) NEW JERSEY REGISTER, MONDAY, APRIL 20, 2009ADOPTIONS ENVIRONMENTAL PROTECTION

N .J .A.C . 7:27-16.2(q) Storage tank degassing and cleaning NM $2,0003 $4,0003 $10,0003 $30,0003 N .J .A.C . 7:27-16.2(r) Inspect storage tank NM $6003 $1,2003 $3,000' $9,0003 N.J.A.C . 7:27-16.2(r)6 Maintain storage tank NM $2,0003 $4,000' $10,0003 $30,0003 N.J.A.C . 7:27-16.2(s) Maintain records M $5003 $1,0003 $2,5003 $7,5003 N.J.A.C. 7:27-16.2(t) Maintain records M $5003 $1,0003 $2,5003 $7,5003 N.J .A.C. 7:27-16.2(u) Submit report M $5003 $1,0003 $2,5003 $7,5003

N.J .A.C. 7 :27-16.7(r) and (s) CLASS Letterpress and lithographic printing Maximum

Actual Emissions For less than 10 pounds per hour: 1 . Less than 25percent over the allowable standard NM $2,0003 $4,0003 $10,0003 $30,0003 2 . From25through 50 percent over the allowable standard NM $4,0003 $8,0003 $20,0003 $50,0003 3. Greater than 50percent over the allowable standard NM $8,0003 $16,0003 $40,0003 $50,0003 From10pounds through 22.8 pounds per hour: 1 . Less than 25 percent over the allowable standard 2. From 25 through 50 percent over the allowable standard 3. Greater than 50percent over the allowable standard For greater than 22.8 pounds per hour: $6,0003 NM $8,0003 NM $10,0003 $12,0003

$16,000' $20,0003 $30,000'

$40,0003 $50,0003 $50,000'

$50,0003 $50,0003 1 . Less than 25 percent over the allowable standard NM $8,0003 $16,0003 $40,0003 $50,0003 2. From25 through 50percent over the allowable standard NM $10,0003 $20,0003 $50,0003 $50,0003 3. Greater than 50 percent over the allowable standard NM $10,0003 $20,0003 $50,0003 $50,000'

N.J .A.C. 7:27-16.7(t) Best management practices NM $500.00 $1,000 $2,500 $7,500 N .J .A.C. 7 :27-16.19(a) Cutback and Emulsified Asphalt NM $1,000 $2,000 $5,000 $15,000 N .J .A.C.7 :27-16

.19(b) Storage NM $5003 $1,000 $2,500 $7,500 3 Revoke Certificate to Operate Under N .J .A .C. 7:27-8 (ifapplicable) 17.-18. (No change.) 19. The violations of N .J .A .C. 7:27-19, Control and Prohibition of Air Pollution fromOxides of Nitrogen, and the civil administrative penalty amounts for each violation, are as set forth in the following table: Fourth and Each Type of First Second Third Subsequent Citation Class Violation Offense Offense Offense Offense N .3.A .C. 7:27-19.4(c) Adjust Combustion NM $2,000 $4,000 $10,000 $30,000 N .J .A .C. 7:27-19.4(e) Submit report M $2,000 $4,000 $10,000 $30,000 N .J .A .C. 7:27-19.4(f) Submit HEDDplan and updates M $2,000 $4,000 $10,000 $30,000 N .J .A .C. 7:27-19.5(d) and (g) Actual Emission (pounds per megawatt hour) : 3-10 MW

Turbine 1 . Less than 25percent over the allowable standard 2. From 25 through 50 percent over the allowable standard 3. Greater than 50percent over the allowable standard NM $2,000 NM $4,000

$8,000 $4,000 $10,000 $30,000

$8,000 $20,000 $50,000 $16,000 $40,000 $50,000 NEW JERSEY REGISTER, MONDAY, APRIL 20, 2009 (CITE 41 N .J.R .1851)ENVIRONMENTAL PROTECTION 

### 11-50 MW

Turbine NM $6 1 . Less than 25 percent over the allowable standard ,OOQ $12,000 $30,000 2. From 25 through 50percent over the allowable standard NM $8.000 $16,000 $40,000 3. Greater than 50percent over the allowable standard NM $10,000 $20,000 $50,000 Greater than 50 MW

Turbine 1 . Less than 25 percent over the allowable standard 2. From25 through 50percent over the allowable standard 3. Greater than 50percent over the allowable standard N.J .A.C. 7:27-19.5(e) Adjust Combustion Process N.J .A.C. 7:27-19.5(h) Actual Emission (pounds per megawatt hour) : 

### 3-10 MW Turbine HEDD Unit 1 . Less than 25 percent over the allowable standard 2 . From25through 50 percent over the allowable standard 3. Greater than 50percent over the allowable standard 11-50 MW

Turbine HEDDUnit 1 . Less than 25 percent over the allowable standard 2. From 25through 50percent over the allowable standard 3. Greater than 50 percent over the allowable standard Greater than 50 MW

Turbine HEDDUnit 1 . Less than 25 percent over the allowable standard 2. From 25 through 50 percent over the allowable standard 3. Greater than 50percent over the allowable standard N .J .A.C. 7:27-19.5(j) Demonstrate compliance N.J .A.C. 7:27-19

.5(k) and (1) Submit reduction plan and updates NM $8,000 $16.000 $40,000 NM $10,000 $20,000 $50,000 NM $10,000 $20,000 $50,000 NM $2,000 $4,000 $10,000

NM $2,000 $4,000 $10,000 NM $4,000 $8,000 $20,000 NM $8,000 $16,000 $40,000 $50,OOi~ $50,000 

## $50,00e $50,000 $50,000 $50,000 $30,000

$30,000 $50,000 $50,000 NM $6,000 $12,000 $30,000 NM $8,000 $16,000 $40,000 NM $10,000 $20,000 $50,000 NM $8,000 $16,000 $40,000 NM $10,000 $20,000 $50,000 NM $10,000 $20,000 $50,000 M $2,000 $4,000 $10,000 M $2,000 $4,000 $10,000

N.J .A .C. 7 :27-19.7(d) Heat input rate of250 MMBTU per hour or greater Failure to install CEM NM $10,000 $2Q,OQ0 $50,000 N.J .A.C. 7:27-19.7(g)1 Adjust Combustion 5-10million NM $500 $1,000 $2,500 BTU per hour N .J .A .C, 7:27-19.7(g)2 Adjust Combustion 10-20million BTU per hour N .J .A.C. 7 :27-19.7(g)3 Adjust Combustion 20million BTU per hour or greater NJ A C 7:27-19.7(h) Actual Emissions (pounds per 

## NM $1,000 $2,000 $5,000 NM $2,000 $4,000 $10,000 $50,000 $50,000 $50,000 $50,000 $50,006 ' $50,000 $30,000 $30,000

million BTU) i . Less than 25 percent over the allowable standard NM $8,000 $16,000 $40,000 $50.000 . 2. From 25 through 50percent over the allowable standard NM $10,000 $20,000 $50,000 $50,000 3. Greater than 50percent over the allowable standard 23M $10,000 $20,000 $50,000 $50,000 N .J .A.C. 7:27-19.7(i) Actual Emissions (pounds per million BTU) 25-100 MMBTUper hour 1 . Less than 25percent over the allowable standard NM ~6,000 $12,000 $30,000 $50,000 $40,000 $16,000 000

$50,000 $50

$50,,000 2. From 25 through 50percent over the allowable standard NM $8,000 000 $20,000 3. Greater than 50percent over the allowable standard NM $10 1000 $20,000 $50,000 $50,000 Greater than 100 MMBTL3 per hour NM $8 1. Less than 25percent over the allowable standard ,000 $16,000 $40,000 $50,000 2. From25 through 50 percent over the allowable standard NM $10,000 $20,000 $50,000 $50,000 3. Greater than 50percent over the allowable standard NM $10,000 $20,000 $50,000 $50,000

(CITE 41 N.J.R 1852) NEW JERSEY REGISTER, MONDAY, APRIL 20, 2009ADOPTIONS

N .J .A.C. 7:27-19.9(d) N .J .A.C. 7:27-19.9(e) N .J .A.C. 7:27-19.12(a)

N.J.A.C. 7:27-19.15(c) and (e) N .J .A.C. 7:27-19.28 Maximum

Actual Emissions Performbest management practice Record best management practice MSW Incinerator Conditions and Provisions Detected by Continuous Monitoring System Demonstrate Compliance Sewage Sludge Incinerators For less than 5.7 pounds per hour for VOC and NO . : 1. Less than 25 percent over the allowable standard 2. From25through 50 percent over the allowable standard 3. Greater than 50percent over the allowable standard For greater than 5.7 pounds per hour NO, 1 . Less than 25percent over the allowable standard 2. From25 through 50percent over the allowable standard 3. Greater than 50 percent over the allowable standard N .J .A .C. 7:27-19.29(b)1 N.J .A .C. 7:27-19.29(b)2 and 3 N.J .A .C. 7 :27-19.29(j) N.J .A.C. 7 :27-19.29(k) N.J.A.C. 7:27-19

.30(a) N .J .A.C. 7:27-19.30(c) 20.-32 . (No change.) (n)-(t) (No change.) Submit Plan Implement Plan Submit Report Submit Permit Application Submit Plan Submit Report HEALTHAND SENIOR SERVICES NM $1,200 $2,400 $6,000 $18,000 M $1,200 $2,400 $6,000 $18,000 See N.J .A

.C . 7:27A-3.10(n) forthe calculation ofcivil administrative penalties. M $2,000 $4,000 $10,000 $30,000

NM $6,000 $12,000 $30,000 $50,000 NM $8,000 $16,000 $40,000 $50,000 NM $10,000 $20,000 $50,000 $50,000 NM $8,000 $16,000 $40,000 $50,000 NM $10,000 $20,000 $50,000 $50,000 NM $10,000 $20,000 $50,000 $50,000 M $2,000 $4,000 $10,000 $30,000 NM $10,000 $20,000 $50,000 $50,000 M $2,000 $4,000 $10,000 $30,000 M $2,000 $4,000 $10,000 $30,000 M $2,000 $4,000 $10,000 $30,000 M $2,000 $4,000 $10,000 $30,000 

# HEALTH AND SENIORSERVICES

(a) OFFICE OF THE COMMISSIONER OFFICE OF LEGAL AND REGULATORY AFFAIRS Health Care Stabilization Fund Grants Adopted Concurrent New Rules: N.J .A.C. 8:32 Proposed: November 3, 2008 at 40 N .J .R. 6482(a). Adopted: Heather Howard, Commissioner, Department of Health and Senior Services (with the approval ofthe Health Care Administration Board) . Filed: March 19, 2009 as R .2009 d.123, with a technical change not requiring additional public notice and comment (see N.J .A.C. 1 :30-6.3) . 

### Authority: N

.J .S.A. 26:2H-18.74 et seq., particularly 2H-18.78 and 26:2H-18.78(5)c. Effective Date: March 19, 2009. Expiration Date: March 19, 2014. Summary of Public Comment and Agency Response: No comments were received. The Health Care Stabilization Fund Act (the Act), P.L. 2008, c. 33 (N .J .S.A. 26:2H-18.74 et seq.) was enacted on June 30, 2008. These new rules were specially adopted and concurrently proposed on November 3, 2008, to implement the requirements of the Act. In response to the final report of the NewJersey Commission on Rationalizing Health Care Resources, the Act established the Health Care Stabilization Fund (the Fund) as a nonlapsing, revolving fund in the Department of Health and Senior Services (Department), to be administered by the Department in consultation with the Department ofthe Treasury (N .J .S.A. 26:2H-18.76) . Summary ofAgency-Initiated Changes: On adoption, two technical changes are made to N.J.A .C . 8:32-3.3(a)5i to correct grammatical errors. The word "in" was mistakenly omitted fromthis subparagraph in the special adoption and concurrent proposal . N.J .A .C. 8:32-3.3(a)5i is intended to require the Department to notify a health care facility "in writing" of any required conditions prior to the award of a grant. Also, at N.J .A.C. 8:32-3.3(a)5, the word "commissioner" needs to be capitalized as it refers to the Commissioner ofthe Department. Federal Standards Statement The adopted concurrent newrules would not impose standards on health care facilities in New Jersey that exceed those contained in Federal lawor regulation. Since the Fund is wholly State-funded, and there are no applicable requirements that must be met in order to receive Federal funding or comply with a Federal program, a Federal standards analysis is not necessary for this adoption. Full text of the adopted concurrent newrules follow (additions to proposal indicated in boldface with asterisks *thus*) :

NEW JERSEY REGISTER, MONDAY, APRIL 20, 2009 (CITE 41 N .J.R .1853)