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 new rules 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]*) : 

CHAPTER 27 

AIR POLLUTION CONTROL 

SUBCHAPTER 4. 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 term does 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 term includes 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 of the following amounts : 

1 . Fifty percent of the fixed capital cost that would be required to 

construct a comparable new process 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 of particles 

(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, allow or permit particles arising from the 

combustion of fuel to be emitted from any 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 maximum allowable 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 sum of the heat input rates of all 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 a coal-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 .0300 pounds 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, 2009 
SUBCHAPTER 8 . PERMITS AND CERTIFICATES FOR MINOR 

FACILITIES (AND MAJOR FACILITIES 

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) A seven-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 :00 midnight the following day. 

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

for example 12:00 midnight to 1 :00 A.M., or 1 :00 A.M. to 2:00 A.M. 

"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 BURNING UNITS 

Type Fuel Maximum Allowable Percent Sulfur by Weight 

(Dry Basis) 

Zone One Zone Two Zone Three Zone Four 

Anthracite Coal 0.8 0 .8 0.8 0.8 

or Coke 

All other solid 1 .0 1 .0 0.2 0.2 

Fuels 

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

above shall not apply to solid fuel whose combustion causes sulfur 

dioxide (SOZ) emissions from any stack or chimney into the outdoor 

atmosphere which are demonstrated to the Department as not exceeding, 

at any time, those quantities of sulfur dioxide expressed in pounds per 

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

Table 2. 

TABLE 2 

EXISTING SOLID FUEL BURNING UNITS 

Type Fuel Maximum Allowable 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 maximum sulfur 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 from the 

date of issuance 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 .250 pounds per 1,000,000 BTU gross heat 

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

emission rate no greater than 0.150 pounds per 1,000,000 BTU gross heat 

input . The owner or operator shall determine each 24-hour emission rate 

and each 30-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 4:00 A.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 sum of the 24-hour emission rates by the total number of 

days on which the source was operated, during the 30-consecutive-day 

period, pursuant to (b)4 below. The result is the 30-calendar-day rolling 

average emission rate for the 30th day; 

3 . Calculate a new 30-calendar-day rolling average emission rate for 

each subsequent calendar day pursuant to (b)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, from the restart of the unit to the time that 

the unit is fired with coal; and 

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

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

*[(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 of Air Quality 

New Jersey Department of Environmental Protection 

401 East State Street 

PO Box 027 

Trenton, NJ 08625-0027 

SUBCHAPTER 16 . CONTROL AND PROHIBITION OF AIR 

POLLUTION BY VOLATILE 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 Petroleum Institute, 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, available from the API, at the address in 

the definition of "API" above.]* 

"Asphalt pavement production plant" means a batch type asphalt plant 

or drum mix 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 

to write aboveground storage tank insurance ; 

2 . An owner or operator of one 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 perform an 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 if a 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 of VOC per 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 AS TM E 

260-85, as supplemented or amended and incorporated herein by 

reference, may be excluded from the total concentration . This term will 

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 from the 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 term excludes 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 petroleum extracted from the 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 roof including, but not limited to, any access hatch, fixed roof 

support column and well, gauge float, gauge hatch, sample port, 

guidepole, ladder and well, rim vent, roof drain, roof leg, and vacuum 

breaker, and excluding the rim seal system . 

"Degassing" means the process of removing organic vapors from a 

storage tank in preparation for human entry . 

"Domed roof"means a self-supporting fixed roof attached to the top of 

an external floating roof tank to reduce evaporative losses. 

"Fixed roof tank" means a tank with a roof that is permanently affixed 

to the shell of the 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 of the 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 

bottom of 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 roof landing" means a roof landing in which the tank is not 

taken out of service . 

"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 from other 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 maximum operating 

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 form a 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 two or 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 term shall 

not include normal repair and maintenance. Also, for the purposes of this 

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 -from a 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 from service .* 

. . "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 rim of the float has a wiper or seal 

that extends to the inner surface of the pole.* 

"Pole sleeve" means a device that extends from either 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 . 

"Pole wiper" means a seal that extends from either 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-vacuum vent" 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 VOC loss to the atmosphere at all times. 

. . ."Primary seal" means a seal mounted below a secondary seal of a rim : 

seal system that consists of two seals . A primary 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 new process 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 roof circumference . 

"Rim mounted secondary seal" means a secondary seal mounted on 

the rim of the floating roof of a storage tank. Rim mounted secondary 

seals are effective at reducing losses from the primary seal fabric. 

"Rim seal system" means a closure device between the shell of the 

storage tank and the floating roof edge. A rim seal system may 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 . 

"Rim vent" 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 

rim area . The vent is used to release excess pressure or vacuum that is 

present in the vapor space bounded by the primary-seal shoe, the floating 

roof rim, the primary seal fabric, and the liquid level . A rim 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, 2009 
ADOPTIONS 

"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 system that carries rainwater from the surface of the floating 

roof to the outside of the tank, or an open drainage system consisting of 

an open pipe that extends a short distance below the bottom of the deck 

allowing rainwater to drain from the surface of the floating roof into the 

organic liquid contents of the 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 from above 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 bottom to prevent damage to the 

fittings located underneath the deck and to allow for 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 system that consists of two seals . Secondary seals can be shoe 

mounted or rim-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 

petroleum products . 

"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 from another tank as measured from the 

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 of the distance of the tanks from each 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 equilibrium partial 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 . 

"Vacuum breaker" 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 vacuum breaker 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 off the well .]* 

"Visible gap" means *[an opening that exceeds 0.060 inch]* *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 of substrate 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 rim space 

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 VOC emissions 

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 into with 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 maximum capacity of 2,000 gallons (7,570 liters) or greater and 

is exposed to the rays of the 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 maximum capacity 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 of a 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, if the 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 of the 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 from complying with (1)li below if 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 interim period . However, the 

owner or operator must comply with (I)li below the 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 of this subchapter. 

5 . Any floating-roof tank shall not be required to meet the gap seal' 

requirements at (1)3i through x below while 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 VOC emissions 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) below only if 

the tank's records, maintained pursuant to (s)1 below, show that 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 from the *[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 .0 pounds per 

square inch absolute (50 millimeters of mercury) or greater at standard 

conditions and having a maximum capacity 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 below become 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 roof tank 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 roof is floating; 

iv . Gasket each rim vent. Rim vents 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 vacuum breaker . Vacuum breakers 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 of the 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 roof with 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 of these 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 10 percent of the circumference of the 

tank ; 

iv. Gaps between the tank shell and the 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 of seals, 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 roof edge, seal fabric, and secondary seal ; and 

x. Except during preventive maintenance, repair, or inspection periods 

specified at (r) below that 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 of the storage tank in a continuous 

fashion, *[with no visible 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 roof before 

the tank is refilled after the first time the tank is degassed 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* . 

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 a rim seal system consisting 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 minimum vertical 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 of its 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 roof tank 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 

30 percent 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 of the 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 system consisting of either *[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 minimum vertical 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) *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 of the 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 of the 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 foam wipers 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 rim seal 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 if the 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 rim seal system is 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 of these 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 of mercury) or greater at 

standard conditions and having a maximum capacity 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 . 

*[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 from this 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 roof landing 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 minimum setting . 

(o) When performing a roof landing of an internal floating roof tank: 

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 minimum setting . 

(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 new tank, 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, 2009 
ADOPTIONS 

2. Include in the facility-wide tank VOC control plan, for all floating 

roof tanks, except those floating roof tanks exempt pursuant to (f)6 

above, the information in (p)2i and ii below or (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 from service 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 bottom of the roof deck can be 

lowered to one foot or less from the top-most point of the surface of the 

tank floor ; 

(2) A method that routes all vapors from the tank to a vapor control 

device with a control efficiency of at least 90 percent, from the 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 from 2011 through 2013 ; 

(2) Four tons per tank per calendar year from 2014 through 2016; 

(3) Three tons per tank per calendar year from 2017 through 2019; and 

(4) Two tons 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 30 shall 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 VOC liquid ; 

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 

system rated at a minimum 95 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 minimum 95- 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 outflow of water and floating off the 

oilpad, such that at least 90 percent of the tank volume is displaced ; 

iii. Discharge or displace the VOC vapors contained in the tank vapor 

space to a vapor control system that 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 VOC with vapor 

pressure equal to or greater than 0.5 psia at standard conditions only if: 

i . At least one of the 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 VOC content or less; or 

(5) Some other Department-approved cleaning agent ; or 

ii . Steam cleaning is performed . 

3 . The owner or operator shall control emissions from the sludge 

removed from a tank that stores a VOC with 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 system that reduces VOC emissions 

by at least 95 percent; 

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 of a 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 of any tank inspection, whether completed or not, shall 

be recorded on the Inspection Form at 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" of the 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" of the 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" of the Inspection Form; 

4. Annually complete all necessary calculations and record all required 

data accordingly in the Inspection Form and Fugitive Emissions Form at 

N.J .A.C . 7:27-16 Appendix II; 

5 . For an external floating roof tank in Range III, demonstrate 

compliance with (1)1 through 3 above, as applicable, by: 

i . Annually, from the 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 ppm in 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 section J "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) 

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 G of the Inspection Form; 

6. For a domed external floating roof tank in Range III existing as of 

*[the operative date of these new rules]* *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 of the lower explosive limit (LEL), and recording the reading in 

section E of the Inspection Form; 

ii. Annually, *[by visually inspecting the deck fittings and visible seal 

of the rim seal system;]* *from an 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 of the 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 roof tank 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)6 above; 

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 CFR Part 60 Appendix A incorporated herein 

by reference, or using another method approved by the Department. 

Record any readings in excess of 500 ppm in 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 of a roof opening that : 

i. Is defective; 

ii . Has a visible gap or is not leak-free; or 

iii . Does not meet any applicable requirement of this section; and 

11 . The owner or operator of a VOC stationary storage tank *in Range 

III* shall perform the repair or replacement at (r) 10 above: 

i . If the tank is already degassed, prior to filling; 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 of the roof 

landing emission information required at N.J.A.C . 7:27-21 .5(j)1 ; 

3 . If the owner or operator of a floating roof tank has not implemented 

all control measures pursuant to the tank VOC control plan submitted 

pursuant to (p) above, or if a floating roof tank 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 bottom of ~~ 

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 from the tank or the 

adsorber ; and 

3 . For any other vapor control device, upon request of the 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 of the 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 of the 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 of the 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 

PO Box 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 

perform the following tests : 

1 . The owner or operator shall demonstrate the facility's vapor control 

system is 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 of Technical 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 of Technical 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 

system pursuant 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)* below shall not apply to any individual surface coating or 

graphic arts operation in which the total surface coating formulations 

containing VOC are applied : 

1 .-2 . (No change.) 

(f) The owner or operator of any 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 COATING OPERATIONS 

CONTROL CRITERIA AND COMPLIANCE DATES 

Maximum Allowable VOC 

Content per Volume of 

Coating (minus water) 

Final 

Pounds per Kilogram per Compliance 

Type of Operation Gallon Liter Date 

Group I 

Coating of Flat December 31, 

Wood Paneling 1983 through 

*[(a day before 

the operative 

date of these 

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 of Flat *[(the operative 

Wood Paneling and date of these 

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 of these 

amendments)]* *May 19,2009* : 

Surface coating formulations 2 Maximum allowable volume 

that contain water : percent VOC in volatile fraction 

of surface coating formulations 

(VOC plus water) as applied . 

25.0 percent 

Surface coating formulations 2 Maximum allowable VOC 

that do not contain water. content per volume of surface 

coating formulation (minus 

water) 

Pounds per Kilograms per 

Gallon Liter 

2.9 0.35 

Basis Control Criteria of a Source 

Operation Constructed or 

Modified on or after *[(the 

operative date of these 

amendments)]* *May 19,2009* : 

Surface coating formulationsz Maximum allowable VOC 

content of surface 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 FOR FABRIC PRINTING SOURCE 

OPERATIONS 

Basis Control Criteria 

Surface coating formulationsz Maximum allowable volume 

that contain water: percent VOC in volatile fraction 

of surface coating formulations 

(VOC plus water) as applied . 

25 .0 percent 

Surface coating formulations2 Maximum allowable VOC 

that do not contain water : content per volume of surface 

coating formulation (minus 

water) . 

Pounds per Kilograms per 

Gallon . Liter 

2 .9 0.35 

' Control apparatus serving certain graphic arts operations of this 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 from 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 system or 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 system or 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 VOC collected 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 VOC collected on an hourly 

basis if a carbon adsorption system or 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 from being 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)4 above. 

(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 from the 

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 stream exits the dryer*[ .]** ; or* 

(CITE 41 N.J.R 1822) NEW JERSEY REGISTER, MONDAY, APRIL 20, 2009 
ADOPTIONS 

*iii. Achieve for a carbon adsorption unit or any non-thermal 

control device at least 90 percent by volume of the 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 VOC content of less than 70 percent 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 of the 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 .6 percent 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 . A VOC 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 below 60 degrees 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 from coming 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 from coming 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 VOC shall be cleaned up immediately; and* 

*[5 .]* *6.* Record and maintain on-site, logs of the 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 VOC and which are located at a 

major VOC facility 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 of VOC control requirements for any source operation that : 

1 . Is located at a major VOC facility *whose owner or operator seeks 

approval of a facility-specific VOC control 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 of these 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) below a 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 from complying by the compliance dates 

in other sections of this subchapter. If and when the Department approves 

an alternative VOC control 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 VOC control plan approved by the Department after 

*[(the operative date of these amendments)]* *May 19, 2009* shall have 

a term of 10 years ; 

3 . Any owner or operator that has an alternative VOC control plan 

approved prior to *[(the operative date of these amendments)]* *May 19, 

2009* by the Department and who plans to continue operating with an 

alternative VOC control plan, shall submit a proposed plan by *[(90 days 

after the operative date of these 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 . If the 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 of VOC 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 from reviewing the substance of the 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 a Notice of Opportunity for Public Comment in a newspap' 

I 

general circulation in the area in which the major VOC facility efor L 

located. In addition, the Department shall submit any approved 

alternative *or facility-specific* VOC control 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 if EPA denies _ 

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* VOC control plan, compliance plan or 

demonstration by written notice to the holder of the 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 from an 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 of a written request from an 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 of Environmental Protection 

PO Box 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 *[New Source Review]* *Operating Permits* 

Division of *[Environmental Regulation]* *Air Quailty* 

Department of Environmental Protection 

*401 East State Street* 

PO Box 027 

Trenton, New Jersey 08625-0027 

(t) (No change.) 

7 :27-16 .19 Application of cutback and emulsified asphalts 

(a) On or after April 16, 2009, no person shall use or apply, during the 

period from April 16 through October 14, cutback asphalt or emulsifed 

asphalt, unless : 

1 . The asphalt contains no greater than 0.1 percent VOC by weight; or 

2 . The asphalt produces no greater than 6 .0 milliliters of oil distillate, 

in accordance with ASTM Method 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 from the 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 from its website www.astm.ore . AASHTO 

T 59 is available from the 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 from April 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 who owns 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 .6 through 1 .30 . 

7:27-16 .27 Exceptions 

(a) (No change.) 

(b) The provisions of this subchapter shall not apply to the emissions 

of VOC from the following source operations: 

1 . Natural gas pipelines that are not major VOC facilities, with the 

exception of blowdown 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 

APPENDIX lI 

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 Form at N.J .A.C . 7 :27-16, Appendix II, prescribed by the Department in accordance with the rule's requirements . If an 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 of the *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 . From the 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 of the roof, check for unsealed roof legs, open hatches, open emergency roof drains or vacuum breakers and record the 

findings on the Inspection Form accordingly. Indicate presence of any tears in the fabric of both seals . 

3. Inspect the roof fittings using the 1/8 inch probes or conduct a EPA Method 21 inspection, as supplemented or amended and incorporated herein 

by reference, of the roof fittings for a leak-free condition. Record any leaks above 500 ppm in the Fugitive Emissions Form. 

4. Inspect the entire secondary seal using the 1/8 inch 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) of the 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" of the Inspection Form. 

F. For internal floating roof and 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 of the Inspection Form. 

2. Visually inspect the deck fittings and the visible seal of the rim seal system, and record findings in section E of the Inspection Form. 

3 . Conduct gap measurements of the deck fittings and rim seal system each 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, 2009 
ADOPTIONS 

INSPECTION FORM 

* *PLEASE COMPLETE FORM LEGIBLY IN BLACK INK* * 

ENVIRONMENTAL PROTECTION 

Program Interest No. Permit Activity No . Tank ID No. E 

Inspection Date Time 

Is this a Follow-up Inspection? No 0 Yes 0 If yes, Date of Previous Inspection 

A. COMPANY INFORMATION: 

Company Name 

Location Address City Zip 

Mailing Address City Zip 

Contact Person Title 

Phone 

B. INSPECTION CONDUCTED 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 of Tank: Riveted 0 Welded 0 Other 0 (describe) 

Color of Shell Color of Roof 

Roof Type : 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 OR DOMED TANK: 

1) Check vapor space between floating roof and fixed roof with explosimeter. 

2) Conduct visual inspection of roofs and the visible seal of the rim seal system. 

Percent LEL. 

3 ) Are all roof openings covered? No El Yes 11 If no, explain in Comments section (J) arid proceed to part (H)(6), 

F . EXTERNAL FLOATING ROOF TANK (or DOMED TANK AND INTERNAL FLOATING ROOF TANK when 

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 of the 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 If yes, measure length(s) and show on diagram . 

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

*[4.]* *d.* Record dimensions of gap for gaps 

> 1/8" 

> 1/2" 

NOTE: Record the actual width and cumulative length of gaps in feet 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; D Other 

b) Shoe seal: Does 1-1/2" probe drop past seal? No 0 Yes 0 If yes, measure length(s) and show on diagram. 

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

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

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

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

f) Record dimensions of gaps for gaps 

> 1/8" 

> 1/2" 

>1-1/2" 

NOTE: Record the actual width and cumulative length of gaps in feet 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 Roof drain 

* Emergency roof drain 

oo Vacuum breaker 

" 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 DOMED TANK, PROCEED TO PART H(6) WHEN APPROPRIATE: 

G. CALCULATIONS - complete all applicable portions of the following : 

Record dimensions of indicated gaps (from F(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 X 0.157 = 60 percent circ. = diam. X 1 .88 = 

10 percent circumference = diameter X 0.314 = 90 percent circ . = diam. X 2.83 = 

30 percent circumference = diameter X 0.942 = 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 roof would 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 60 percent circumference length? No 11 Yes 0 

Did any single continuous 1/8" - 1-1/2" gap exceed 10 percent 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 50 percent? No 0 Yes [I 

(installed after 6/1/84) or domed tank: Did percent LEL exceed 30 percent? 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, 2009 
ADOPTIONS 

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 am aware 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 am aware 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 ' 

Program Interest No. 

Company Name 

Address 

Contact/Phone Number 

Permit Activity Number Report Date 

Tank ID Type Fitting Date Leak *[Rate]* 

*Concentration* 

Type of Repair 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 for the lifetime of the tank . 

NEW JERSEY REGISTER, MONDAY, APRIL 20, 2009 (CITE 41 N.J.R. 1833) 
ENVIRONMENTAL PROTECTION 

SUBCHAPTER 19 . CONTROL AND PROHIBITION OF 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 drum mix asphalt plant operated to manufacture asphalt pavement. 

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

glass gather. 

. ."CFR" means the United States Code of Federal Regulations . 

"Class I renewable energy" means electric energy produced from solar 

technologies, photovoltaic technologies, wind energy, fuel cells, 

geothermal technologies, wave or tidal action, methane gas from landfills 

and methane gas from a 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, if the 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 .40 pounds of NO, per megawatt hour; 

2. 0 .25 pounds of CO per megawatt hour; 

3. 0 .10 pounds 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 from a 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 

of its 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 yam and 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 to satisfy 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 SsU vise 

greater than 45 at 100 degrees Fahrenheit. _ 

"High electric demand day" or "HEDD" means the day followiti 

day in which the next day forecast load is estimated to have a peak va'I , 

of 52,000 megawatts or higher as predicted by the PJM Interconneofi; 

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 2005 through 2001* 

. . ."Interim period" 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 2 below, 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 of the 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 

form the inside shape. The resultant piece, termed mold-pressed, has an 

interior form independent 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 system or 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 of electricity from on-peak time to off-peak times. 

(CITE 41 N.J.R 1834) NEW JERSEY REGISTER, MONDAY, APRIL 20, 2009 
ADOPTIONS 

"SSU viscosity" means the number of seconds it takes 60 cubic 

centimeters of an oil to flow through the standard orifice of a Saybolt 

Universal viscometer at 100 degrees Fahrenheit . 

"Used oil" means any oil that has been refined from crude 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 

subject to 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 maximum potential production rate of at least five 

tons of glass removed from the furnace per day, and having the potential 

to emit more than 10 tons of NO, 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 

of NOx 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) below that has the potential to emit more 

than 10 tons 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 from an 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 

PO Box 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 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 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)10 is 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 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 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 

maximum allowable 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.R 1835) 
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 from December 15, 2012 through April 30, 2015) 

Maximum Allowable 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 per megawatt 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 2 or 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 maximum allowable 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 

ra t e a t T a bl e 3 a b o ve* shall demonstrate co m p liance with th e applie.4 

maximum allowable 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, from initial 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 maximum gross heat input rate of at ~; 

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 maximum gross 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 maximum allowable 

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 of any 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 maximum allowable 

NO, emission rate specified in Table 4 below, or the maximum allowable 

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, 2009 
ADOPTIONS 

Oil 0 .4 

Gas 0,2 

' Through March 6, 2007, Table 4 applies to any stationary simple 

cycle combustion turbine that has a maximum gross heat input rate of at 

least 30 MMBTU per 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 maximum gross 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 HEDD Unit . 

(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 

maximum gross heat input rate of at least 30 million BTUs per hour shall 

cause it to emit NO, at a rate no greater than the applicable maximum 

allowable NOX emission rate specified in Table 5 below, 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 of any combined 

cycle combustion turbine or a regenerative cycle combustion turbine that 

has a maximum gross heat input rate of at least 25 MMBTU per hour and 

is a NO, Budget source shall cause it to emit NO. at a rate no greater than 

the applicable maximum allowable 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 maximum allowable 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 Maximum Allowable 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 maximum gross 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 maximum gross 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 HEDD Unit . 

(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*, if the stationary combustion turbine has 

a maximum gross heat input rate of at least 25 million BTU per hour and 

is not a NO, budget source, cause it to emit NOX at a rate no greater than 

the applicable maximum allowable 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 maximum allowable 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 of Turbine Type of Fuel Maximum Allowable NO,; 

Emission Rate 

Combined cycle Gas 1 .3 pounds of NO, per MWh 

combustion turbine or a 

regenerative cycle 

combustion turbine 

Simple cycle Gas 2.2 pounds of NO, 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 maximum gross 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-HEDD unit . 

(e) (No change .) 

(f) To calculate pounds/MWh for units where energy is used for other 

than electric generation, for example useful heat from a 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 

maximum allowable 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 of Turbine Type of Fuel Maximum Allowable NO, 

Emission Rate 

ENVIRONMENTAL PROTECTION 

TABLE 6' 

Oil 

Oil 3 .0 pounds of NO, per MWh 

2.0 pounds of NO, per MWh 

Combined cycle Gas 0 .75 pounds of NO, per MWh 

combustion turbine 

or a regenerative 

cycle combustion 

turbine 

Oil 1 .20 pounds of NO, per MWh 

Simple cycle Gas 1 .00 pounds of N0, per MWh 

combustion turbine 

NEW JERSEY REGISTER, MONDAY, APRIL 20, 2009 (CITE 41 N.J.R. 1837) 
ENVIRONMENTAL PROTECTION 

Oil 1 .60 pounds of NO,, 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 maximum allowable 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 HEDD Emission 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 

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 .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 " //www pim 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 

maximum allowable NO. emission rate under N.J .A .C . 7 :27-19 .4, Iv, 

19 .7, 19 .8, or 19 .10 shall 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 maximum gross heat input 

rate of at least 250 million BTUs per hour shall install a continuous 

emissions monitoring system in 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 maximum gross 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 maximum allowable 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 maximum gross heat input rate of at least 50 

million BTU per hour, but less than 100 million BTU per hour]* *that is 

not located at a petroleum refinery* : 

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 

maximum allowable NO, emission rate specified in Table 8 below .* 

*[with a maximum gross heat input rate of at least 100 million BTU per 

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 BTU Per h_6 Fuel/Boiler Typ 

at least 50 but < 100 Natural gas only 

No. 2 Fuel oil only 

FirinQ Method 

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, 2009 
ADOPTIONS 

(i) The owner or operator of 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, 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 maximum allowable NO, 

emission rate specified at Table 9 below in 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 BTU per 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 maximum gross heat input rate of at least 50 

million BTU per hour*[, but less than 100 million 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 maximum gross 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 BTU per hr) Fuel Type million BTU) 

at least 25 but < 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 maximum rated 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 10 below; 

TABLE 10 

(No change in text.) 

2.-3 . (No change.) 

4. For a group of two 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 maximum allowable 

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 of Technical 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 

maximum allowable NOX emission concentrations specified in Table I I 

below, in accordance with the schedule specified at (f) below. 

TABLE 11 

Maximum Allowable NO, Emission Concentrations 

for Asphalt Pavement Production Plants 

(ppmvd at seven percent OZ) 

Fuel Type 

Natural gas 

No. 2 fuel oil 

No. 4 fuel 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 perform the 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 from piles 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 maximum gross heat 

input rate of less than 100 MMBTU/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 maximum gross heat 

input of at least 100 MMBTU/hr, *[but less than 120 MMBTU/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 maximum gross 

heat input of at least 120 MMBTU/hr or greater shall comply: 

i . On and after (the operative date of these amendments), if compliance 

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 of NO, 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 from the 

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 maximum allowable 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 maximum allowable emission concentration of 

150 ppmvd at seven percent oxygen based on a calendar day average: : _ 

l . On and after *[(60 days after the operative date of these new rules 

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 new NO,; 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 system on 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 *[maximum allowable]* 

NOx emission *[rates]* *limits* 

(a) This section establishes procedures and standards for the 

establishment of alternative maximum allowable NOx emission rates*, 

maximum allowable NO. emission concentrations, or other N0, 

regulatory parameters,* and facility-specific maximum allowable No., 

emission rates*, maximum allowable NO. emission concentrations, or' 

other NO. regulatory parameters* in the following circumstances : 

1 . If the 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 item of 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 of NO, 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 *[maximum allowable]* 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 . If the owner or operator of a source operation or item of 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 item of equipment 

was issued a facility-specific or an alternative *[maximum allowable]* 

emissions *[rate]* *limit* for that source operation or item of 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 *[maximum allowable]* emission *[rate]* 

*limit* as follows : 

1 . Any facility-specific NO, control plan, including the facilityspecific *[maximum allowable]* 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, 2009 
ADOPTIONS 

amendments)]* *May 19, 2009* shall not have an expiration date, except 

in accordance with (b)6 *and (j)* below; 

2 . Any alternative *[maximum allowable]* emission *[rate]* *limit* 

approved by the Department after *[(the operative date of these new rules 

and amendments)]* *May 19, 2009* shall have a term of 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 term of 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)6 below]* ; 

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 new rules 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 . If the 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 *[maximum allowable]* emission *[rate]* *limit* for a 

source operation or item of equipment, and intends to modify, alter or 

reconstruct that source operation or item of equipment, such that the 

alternative or facility-specific *[maximum allowable]* emission *[rate]* 

*limit* would change, the existing alternative or facility-specific 

*[maximum allowable]* 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 *[maximum allowable]* emission *[rate]* *limit* or facilityspecific NO, control plan prior to operation of the modified, altered or 

reconstructed source operation or item of equipment ; and 

7. If the owner or operator of a facility that has an approved 10-year 

term alternative *[maximum allowable]* 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 *[maximum allowable]* 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 

*[maximum allowable]* emission *[rate]* *limit*, whichever is later. 

(c) The owner or operator of a source operation or item of 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 *[maximum allowable]* emission *[rate]* *limit* : 

1 . For each source operation or item of 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 of the remaining useful life of each source operation or 

item of equipment listed in (b)3i above or (c)1 above, as applicable ; 

5 . (No change.) 

6 . For each source operation or item of 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 item of equipment 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 of the 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 *[maximum allowable]* 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 *[maximum allowable]* 

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 of that 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 *[maximum allowable]* 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) A person 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 *[maximum allowable]* 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 item of 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 of Environmental 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 

new requirement 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 from the 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 of this 

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)2 or 3 below, whichever is applicable . 

2 . If a continuous emissions monitoring system has 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 of NO, emitted per hour determined in 

(e)2i by the average tons of glass removed per hour determined in (e)2ii. 

The quotient is pounds of NO, 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 CO testing requirements at (a)2 above . 

3 . If a continuous emissions monitoring system has been installed on 

the glass manufacturing furnace, on a daily basis the owner or operator 

shall: 

i. Determine the average pounds of NO, emitted per day 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 of NO, emitted per ton of glass 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, 2009 
ADOPTIONS 

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 of these 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 if the 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 how late the application is, the nature 

and extent of the 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 of the measure and how it 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 if the 

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 of these 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 harm to 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 of NO, reductions that will be achieved until the full compliance 

date listed in (c)2v above. 

7 :27-19.27 *[Use of NO, budget allowances by a former DER credit 

user 

(a) A 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 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) . Maximum allowable 

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 system to 

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 flow rate 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 of the 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 to yield 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, 2009 
ADOPTIONS 

-[APPENDIX 

A. General Information 

Name of User: _ 

User Address: 

County: 

User Type of Business : 

Air Program Interest No. 

Equipment Permit No. 

Location of the equipment at the facility : 

Name of Contact Person : 

Telephone Number: -

E-Mail Address: 

New Jersey Department of Environmental Protection 

Notice of Use of NO, Budget Allowances 

B. Allowance Information 

Calendar Year NO, Budget Allowances Were Used: 

Maximum Quantity of Excess Emissions : 

Number of NO, 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) . 

Confirm attachment of supporting 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 am aware 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: 

If the source is located in Mercer, Middlesex, Monmouth, Ocean or 

Union County: 

Department of Environmental Protection 

Air Compliance & Enforcement 

Central Regional Office 

Horizon Center, PO Box 407 

Trenton, New Jersey 08625-0407 

If the source is located in Hunterdon, Morris, Passaic, 

Warren County: 

Department of Environmental Protection 

Air Compliance & Enforcement 

Northern Regional Office 

1259 Route 46 East, Building 2 

Parsippany-Troy Hills, New Jersey 07054-4191 

Somerset or 

If the source is located in Bergen. Essex, or Hudson County: 

Department of Environmental Protection 

Air Compliance & Enforcement 

Metro Regional Office 

2 Babcock Place 

West Orange, New Jersey 07052-5504 

If the facility is located in Atlantic, Burlington, 

Cumberland, Gloucester or Salem County: 

Department of Environmental 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 maximum allowable 

NO, emission rate specified in Table 13 below, unless the owner or 

operator is complying with N.J .A,C . 7:27-19.3(f) . 

TABLE 13 

Maximum Allowable NO,, Emission Rates for Sewage Sludge 

Incinerators 

(pounds of NO,; per ton of dry sewage sludge) 

Multiple Hearth 7.0 

Fluidized Bed 2.5 

(b) In lieu of complying with the maximum allowable 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* 

PO Box 027 

T nto NJ 08625-0027*1.]* re 

(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 of NO, that would be emitted , 

on each high electric demand day, if the owner or operator did not 

' b d 

7 :27-19 .29 2009 HEDD Emission 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 SCR or 

SNCR; and 

2. The NO, emission rate of a HEDD unit was 0.15 pounds per 

MMBTU or greater . To determine the emissions rate of the HEDD unit, the 

owner or operator shall obtain the emission rate, in lb/MMBtu, for the 

HEDD unit 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 at h'//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 of these 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 2009 Protocol ; 

*[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 

2009 Protocol ; *[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) below and 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 HEDD units *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, 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 

/ 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 sum of 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 of NO, 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 on July 

26, 2005,* then C is equal to 0.3 . If the HEDD unit is a combustion 

turbine that was controlled with water injection or SCR on 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, 2009 
ADOPTIONS 

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 of these 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 of these 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 

parameter that 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 of each 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 EGU in (e)3 above; 5 . The type of fuel combusted by each EGU in (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 EGU in (e)3 above; 11 . The catalytic bed temperature for each EGU in (e)3 above ; 12 . The CEM values or documentation on how the baseline and actual No. emission rates were calculated for each EGU in (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 2009 Protocol ; 

iii . Required NO, emission reduction (ER in Equation 1, at (c) above) ; and 

iv. Actual NO, emission reduction (BE - actual emissions resulting from 2009 Protocol 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 2009 Protocol 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 of the 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 2009 Protocol 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) If the 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 if the 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 (ER in 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 HEDD Emission 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 of Air Quality 

New Jersey* Department of Environmental 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,~ 

out of service* b y M ay l , 2015 , in lieu of complying *by May 1, 201 with the applicable maximum allowable 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 .» . . . . . . .. . oc1 vicei . 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 HEDD unit 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 of service according to the schedule at *(b)lv* above*; and 

vii . Any other documentation that would identify the unit or clarify thu 

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 

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. Th'e 

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 HEDD unit 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 HEDD unit 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 of the 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 

calendar year, 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 ID number; 

*[3 .]* *iii.* The emission unit ID number; 

*[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 from other 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 of an 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 roof landing 

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" if the owner or operator of a floating roof tank has not 

implemented all control measures in the tank VOC control 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 NJID Number; 

ii. The total roof landing emissions ; 

iii . The tank roof type (internal floating roof, external floating roof, or 

domed external floating roof) ; 

iv . The total number of roof landing events ; 

v. A list of each 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 bottom of 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 . 

CHAPTER 27A 

AIR ADMINISTRATIVE PROCEDURES AND PENALTIES 

SUBCHAPTER 3. CIVIL ADMINISTRATIVE PENALITES AND 

REQUESTS FOR ADJUDICATORY 

HEARINGS 

7:27A-3.10 Civil administrative penalties for violation of rules 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 from the 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 50 percent over the allowable standard 

From 10 pounds 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. From 25 through 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 of Air 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 rim seal 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 rim seal system 

Install and maintain floating roof or 

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, 2009 
ADOPTIONS 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 25 percent over the allowable standard NM $2,0003 $4,0003 $10,0003 $30,0003 

2. From 25 through 50 percent over the allowable standard NM $4,0003 $8,0003 $20,0003 $50,0003 

3 . Greater than 50 percent over the allowable standard NM $8,0003 $16,0003 $40,0003 $50,0003 

From 10 pounds 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 50 percent 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. From 25 through 50 percent 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 (if applicable) 

17 .-18 . (No change.) 

19 . The violations of N.J .A.C . 7 :27-19, Control and Prohibition of Air Pollution from Oxides 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 HEDD plan 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 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 $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 50 percent over the allowable standard NM $8.000 $16,000 $40,000 

3 . Greater than 50 percent 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. From 25 through 50 percent over the allowable standard 

3 . Greater than 50 percent 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. From 25 through 50 percent over the allowable standard 

3 . Greater than 50 percent over the allowable standard 

11-50 MW Turbine HEDD Unit 

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 

Greater than 50 MW Turbine HEDD Unit 

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 

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 of 250 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 5-10 million NM $500 $1,000 $2,500 

BTU per hour 

N.J .A.C, 7:27-19 .7(g)2 Adjust Combustion 10-20 million 

BTU per hour 

N.J .A .C . 7 :27-19 .7(g)3 Adjust Combustion 20 million BTU 

per hour or greater 

N J 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 50 percent over the allowable standard NM $10,000 $20,000 $50,000 $50,000 

3 . Greater than 50 percent 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 MMBTU per hour 

1 . Less than 25 percent 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 50 percent over the allowable standard NM $8, 

000 

000 

$20,000 

3 . Greater than 50 percent over the allowable standard NM $10 

1 

000 $20,000 $50,000 $50,000 

Greater than 100 MMBTL3 per hour 

NM $8 

1 . Less than 25 percent over the allowable standard 

,000 $16,000 $40,000 $50,000 

2 . From 25 through 50 percent over the allowable standard NM $10,000 $20,000 $50,000 $50,000 

3 . Greater than 50 percent 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, 2009 
ADOPTIONS 

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 

Perform best 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 . From 25 through 50 percent over the allowable standard 

3 . Greater than 50 percent over the allowable standard 

For greater than 5.7 pounds per hour NO, 

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 

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 

HEALTH AND 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) for the calculation of civil 

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 SENIOR SERVICES 

(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 of the 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 New Jersey 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 of the Treasury (N.J .S .A . 26:2H-18 .76) . 

Summary of Agency-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 

from this 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 

of the Department. 

Federal Standards Statement 

The adopted concurrent new rules would not impose standards on 

health care facilities in New Jersey that exceed those contained in Federal 

law or 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 new rules follow (additions to 

proposal indicated in boldface with asterisks *thus*) : 

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