ENVIRONMENTAL PROTECTION PROPOSALS Construction: 1 .4 pounds/MWhl or 95 percent reduction' Federal Regulations (for coal-fired only)

Proposed Emission Rates (for coal-fired only) None 1 .2 pounds/MMBtu

0.150pounds/MMBtu''z 0 .250pounds/MMBtuZ°3 1 .20pounds/MMBtu and 90 percent reduction or 0.60 pounds/MMBtu and 70percent reduction

1 30-calendar-day rolling average basis z Or as specified in a permit if a more stringent limit is imposed due to SOTAor PSD applicability ' 24-hour emission rate The Department's proposed new rules and amendments would require a maximum allowable NO . emissions rate of 1 .50 pounds/MWh operative on December 15, 2012 for coal-fired boilers, 2.00 pounds/MWh operative on May 1, 2015 for heavier than No. 2 fuel oil face or cyclonefired boilers, 1 .00 pound/MWh operative on May 1, 2015 for No. 2 and lighter fuel oil-fire boilers, and 1 .00 pounds/MWh operative on May 1, 2015 for gas-fired boilers

. These maximum emission rates are more stringent than NSPS for sources that were installed prior to August 18, 1971, because neither 40 CFR 60.40nor 40 CFR60.40Da applies to these sources. The proposed maximum allowable emission rates are also more stringent than NSPS for sources that were constructed, reconstructed or modified starting August 18, 1971 through September 18, 1978, and not subsequently reconstructed or modified. The Federal regulation at 40 CFR 60.40 requires an emission limit of 0.70 pounds/MN1Btu for coalfired boilers, 0.30 pounds/MMBtu for oil fired boilers and 0.20 pounds/MMBtu for gas fired boilers. As explained earlier in this proposal, to convert pounds/MMBtu to pounds/MWh, the Departmentuses a generic heat rate of 10,000 British thermal units per kilowatt hour (Btu/KWh) . The proposed maximum allowable emission rates are also more stringent than NSPS for sources that were constructed, reconstructed or modified starting September 19, 1978 through July 9, 1997. (40 CFR 60.40Da requires an emission limit of 0.50 to 0.60 pounds/MMBtu, based on a 30-calendar-day rolling average, along with a 65 percent N0, reduction for coal-fired boilers; 0 .30 pounds/MMBtu, based on a 30- calendar-day rolling average, along with a 30 percent NO, reduction for Table Reconstruction: 1 .4 pounds/MWht or 0.15 pounds/MMBtu'

or 95 percent reduction' Modification: 1 .4 pounds/MWh1 or 0.15 pounds/MMBtu~

or 90percent reduction'

oil-fired boilers; and 0.20 pounds/MMBtu, based on a 30-calendar-day rolling average, along with a 25 percent NO, reduction for gas-fired boilers.) The proposed maximumemission rates are also more stringent than NSPS for coal, No. 2 fuel oil, lighter than No. 2 fuel oils, or gas-fired boilers that were constructed starting July 10, 1997 through February 28, 2005. (40 CFR 60.40Da requires an emission limit of 1 .6 pounds/MWh. based on 30-calendar-day rolling average, for these sources.) The proposed maximumemission rates are also more stringent than NSPS for boilers that combust No . 2 fuel oil, lighter than No. 2 fuel oil, or gas that were reconstructed starting July 10, 1997 through February 28, 2005. The proposed maximum

emission rates are also more stringent than NSPS for boilers that combust coal, No. 2 fuel oil, lighter than No. 2 fuel oil, or gas that were modified starting July 10, 1997 through February 28, 2005. The proposed maximum

emission rates are also more stringent than NSPS (40 CFR 60.42Da) for boilers that combust No. 2 and lighter fuel oil or that combust gas that are modified after February 28, 2005. However, if the construction, reconstruction or modification of the boiler triggers the Federal PSD rule at 40 CFR 52.21, PSD regulations will require the installation of BACT on the boiler, which would be capable of achieving the proposed maximumemission rates. Therefore, the proposed maximum emission rates are not more stringent than Federal regulations for a new, reconstructed or modified coal-fired boiler that is subject to PSD

. Table 8 belowcompares the NO, emission rates imposed by Federal NSPS regulations with the proposed NO, emission rates as applicable to boilers that were constructed, reconstructed or modified at various times. 8 Comparison of Federal Maximum Allowable NO, Emission Rates and Proposed Maximum Allowable NO, ; Emission Rates for Boilers Date Source Was Constructed Reconstructed or Starting 8/18/71 Modified Prior to 8/18/71 through 9/18/78 NoApplicable 40 CFR 60.40NSPS Federal Rules Subpart D Starting 9/19/78 through 7/9/97 40 CFR60.40Da NSPS Subpart Da Starting 7/10/97 Through 2/28/05 40 CFR 60.40Da NSPS Subpart Da After 2/28/05 40CFR 60.40Da NSPS Subpart Da

(CITE 40 N.J .R

. 4430) NEW JERSEY REGISTER, MONDAY, AUGUST 4, 2008Proposed Emission

Rates Coal : Coal : 0 .70 pounds/MMBtu 0.50-0.60 pounds/MMBtu~ and 65 percent reduction Oil : Oil : None 0.30pounds/MMBtu . 0.30 pounds/MMBtul and 30 percent reduction Gas: Gas: 0.20pounds/MMBtu 0.20pounds/MMBtu' and 25 percent reduction Coal : 1 .50pounds/MWh2'5 Heavier than No. 2 Oil : 2 .00pounds/MWh3s No. 2 and lighter Oil : 1 .00 pound/MWh3°s Gas: 1 .00pound /MWh"~5 ' 30-day rolling average basis Z 1 .50pounds/MWh is based on 0 .15 pounds/MMBtu ' 2.00pounds/MWh is based on 0 .20pounds/MMBtu 4 1 .00pound/MWh is based on 0.10 pounds/MMBtu 5 Or as specified in a pen-nit if a more stringent limit is imposed due to SOTA or PSD applicability The proposed new rules and amendments are needed to fulfill a requirement, imposed by EPA pursuant to the Federal Clean Air Act, 42 U.S.C. §§7401 et seq., that New Jersey adopt sufficient control measures to attain the Federal 1997 eight-hour NAAQS for ozone and the Federal 1997 annual NAAQS for PMZ.5. Therefore, proposal of these newrules and amendments is necessary for the State to comply with Federal air quality requirements. The Department's estimated emission reductions are based on particulate, SOZ and NO, inventory emissions and the control efficiencies of the reasonably available control technologies. The Department has determined that the control technologies are technologically feasible, based on several sources that have already installed, or are in the process of installing control apparatus that will bring the units into .compliance with the proposed maximumemission rates. The emission reductions from these proposed rules and amendments are expected to be approximately 17 tpy (0.047 tpd) of particle emission reductions; 2,571 tpy (7.04 tpd) ofSOz emission reductions; and 788 tpy (2.16tpd) of NO, emission reductions by 2013. , The proposed maximum allowable emission rates are already being complied with by some of the affected boilers in NewJersey and are required to be complied with by other boilers by the ACDand ACO . The proposed rules would ensure that all coal-fired power plants in New Jersey install up-to-date air pollution controls. Complying with the proposed new rules and amendments will primarily affect unit 6/8 at the Conectiv Deepwater Generating Station, which will have to install an SOz control apparatus, such as a scrubber, and install a No, control apparatus, such as a Selective Catalytic Reduction (SCR) system . There is only one boiler serving an EGU in the State that is not an HEDDunit and that does not combust coal . Instead it combusts kerosene and natural gas. This boiler currently complies with the proposed maximum allowable NO, emission rate, and therefore would not be impacted by the proposed amendments. ` As discussed in more detail in the Economic Impact above, the proposed amendment to the maximum allowable emission rate for particles is not expected to have an economic impact, the estimated costeffectiveness of SOz emission reductions is expected to be less than $4,800 per ton of SOz reduction in 2007 dollars, and the estimated costeffectiveness of N0, emission reductions is expected to be less than $1,250 per ton ofNO, reductions in 2007 dollars. Control costs are likhly to be passed on to the consumer in the form of somewhat higher electricity generating rates. Companies that design, build and install these emission control systems could benefit from the proposed amendments as they will experience an increase in demand for their products and services. The Department anticipates the benefits of the proposed new rules and amendments to be an increase in the quality of life and protection of human health, the environment and agriculture. The Department expects ENVIRONMENTAL PROTECTION Construction: 1 .6 pounds/MWhl Reconstruction: 0.15 pounds/MMBtu' Construction: 1 .0pound/MWhl Reconstruction: 1 .0pound/MWhl

. or 0.11 pounds/MMBtu' Modification: 1 .4 pounds/MWhl or 0 .15 pounds/1vIMBtu'

the proposed newrules and amendments to have a significant positive environmental impact . The primary environmental benefit will be a reduction in the emission of NO, ; emissions, which are precursor emissions that lead to the formation of ground level ozone. See this proposal's Social, Environmental and Agriculture Industry Impact statements for an explanation ofthe health, environmental and agriculture impacts, respectively, of ground level ozone. The Department also expects the proposed rules to significantly reduce emissions of SO2. The Department is proposing these newrules and amendments to meet EPA air quality standards

. Failure to achieve these air quality standards could subject New

Jersey to economic sanctions, which would adversely affect all businesses and taxpayers in the State. In proposing these amendments and newrules, the Department has balanced the need to protect the environment and public health and to comply with the EPA requirements against any economic impacts of the rule. Based on similar sources that currently meet these requirements and similar sources that have committed to meet these requirements, the Department has determined that these amendments are achievable with currently available technology and are cost-effective. By setting maximum emission standards for all NewJersey electrical generating units, the Department will set a precedent for other states to do the same. The Department has determined that establishing these proposed emission standards, even though more stringent than the Federal rules, is necessary in order to attain air quality standards and to protect the environment and public health. High Electric Demand Day (HEDD) Units The Department has performed a comparison of proposed N .J .A .C. 7:27-19 with analogous Federal regulations, namely NSPS. HEDDBoilers Based on its reviewof these Federal regulations for boilers (40 CFR 60.40 and 60.40Da), the Department has detennined that the proposed new rules and amendments exceed many of the standards or requirements imposed by the Federal regulations. Standards of Performance for Fossil Fuel Fired SteamGenerators for which construction is commenced after August 17, 1971 (40 CFR 60.40- Subpart D) do not apply to boilers that were constructed on or before August 17, 1971 and not modified or reconstructed since that time, and, therefore, the Federal rules do not impose any maximurn allowable N0, emission rate on these sources. Similarly, Standards of Performance for Electric Utility Steam Generating Units for which construction is commenced after September 18, 1978 (40 CFR 60.40Da - Subpart Da) do not apply to boilers that were constructed on or before September 18, 1978 and not modified or reconstructed since. The Federal rules do not impose any maximum allowable N0,, emission rate on these sources. However, the proposed new rules and amendments will require all I-IEDD units which are boilers serving electric generating units to comply NEW JERSEY REGISTER, MONDAY, AUGUST 4, 2008 (CITE 40 N.J .R . 4431)ENVIRONMENTAL PROTECTION

with the proposed maximumallowable NO, emission rates, regardless of installation date and whether or not the source has been modified or reconstructed. The Department's proposed new rules and amendments require a maximumallowable NO, emissions rate of 2.00pounds/MWh for heavier than No . 2 fuel oil fired boilers, 1 .00 poundlMWh for No . 2 and lighter fuel oil fired boilers and 1 .00 pound/MWh for gas fired boilers. These maximum allowable emission rates are more stringent than NSPS for boilers that were installed prior to August 17, 1971 because neither 40 CFR60.40 nor 40 CFR60.40Da apply to these boilers

. The proposed maximum allowable emission rates are also more stringent than NSPS for boilers that were constructed, reconstructed or modified after August 17, 1971 but before September 18, 1978 and not reconstructed or modified thereafter . The Federal rule at 40 CFR 60.40 requires an emission limit of 0.30pounds/MMBtu for oil fired boilers and 0.20 pounds/MMBtu for gas fired boilers. The proposed maximum allowable NO, emission rates are also more stringent than NSPS for boilers that were constructed or reconstructed after September 19, 1978, but before July 9, 1997; and for boilers that were modified after September 18, 1978 but before February 28, 2005 and not reconstructed or modified thereafter. The Federal rule at 40 CFR 60.40Da requires an emission limit of 0.30 pounds/MMBtu, based on a 30-calendar-day rolling average, along with a 30 percent NO, reduction for oil fired boilers; and 0.20 pounds/MMBtu, based on a 30-calendar-day rolling average, along with a 25 percent NO . reduction for gas fired boilers.

Date Source Was Constructed Reconstructed or Modified Prior to 8/18/71

NoApplicable Federal Rules

Federal Regulations , None Proposed Maximum Allowable NO, Emission Rates for Boilers PROPOSALS

The proposed maximumallowable NO, emission rates are also more stringent than NSPS for No . 2 fuel oil or gas fired boilers that were installed after July 7, 1997, but before February 28, 2005 and not reconstructed or modified thereafter. The Federal rule at 40 CFR60.40Da requires an emission limit of 1 .6 pounds/MWh, based on 30-calendar-day rolling average, for these boilers. The proposed NOX emission rates are more stringent than the Federal rule No. 2 fuel oil or gas fired boilers that were reconstructed after July 7, 1997 but before February 28, 2005 and not reconstructed or modified thereafter. The Federal rule at 40 CFR 60 .40Da requires an emission limit of 0.15 poundslMMBtu, based on a 30-calendar-day rolling average, for these boilers. For sources that are modified after February 28, 2005, 40 CFR 60.42Da requires 1 .4 pounds/MWhr or 0.15 pounds/MMBtu, based on a 30-calendar-day rolling average, which is less stringent than the proposed maximumallowable NO, emission rate for No .2 and lighter fuel oil or for gas. However, if the construction, reconstruction or modification of the source triggers the Federal Prevention of Significant Deterioration (PSD) rule at 40 CFR 52.21, PSD regulations will require the installation ofbest available control technology (BACT) on the source, which would be capable of achieving the proposed maximum allowable NO, emission rates. Table 9 belowcompares the NO, emission limits imposed by Federal NSPS regulations with the Department's proposed maximumallowable NO, emission rates as applicable to boilers that were constructed, reconstructed or modified at various times. TABLE 9 Comparison ofFederal NO, Emission Limits and

Starting 8/18/71 through 9/18/78 40 CFR60.40 NSPS Subpart D Oil : 0.30pounds/ MMBtu Gas: 0.20pounds/ MMBtu Starting 9/19/78 through 7/9/97 40CFR 60.40Da NSPS Subpart Da Oil : 0.30 pounds/MMBtul and 30percent reduction Gas: 0.20 pounds/MMBtu' and 25percent reduction Starting 7/10/97 Tluough 2/28/05 40 CFR 60.40Da NSPS Subpart Da Construction: 1 .6 pounds/MWh' Reconstruction: 0.15 pounds/MMBtut After 2/28/05 40 CFR60.40Da NSPS Subpart Da Construction: 1 .0 pound/MWh' Reconstruction: 1 .0 pound/MWh' or 0.11 pounds/MMBtu' Modification: 1 .4 pounds/MWh' or 0.15 poundslMMBtu' Proposed Emission Rates Effective on Operative Date of Proposed Amendments Heavier than No. 2Oil : 2.00 pounds/MWhZ No. 2 and lighter Oil : 1 .00 pound/MWh3 Gas: 1 .00 pound/MWh3 ' 30-day rolling average basis z 2.00 pounds/MWh is based on 0.20pounds/MMBtu 3 1 .00 pound/MWh is based on 0.10pounds/MMBtu HF_DDTurbines Based on its reviewof the Federal regulations for turbines (40 CFR 60.330 and 60.4300), the Department has determined that the proposed new rules and amendments exceed many ofthe standards or requirements imposed by the Federal regulations. Standards of Performance for stationary gas turbines (40 CFR 60.330 - Subpart GG) do not apply to turbines that were constructed on or before October 3, 1977 and not modified or reconstructed since and therefore do not impose any emission limit for NO, on these sources. Similarly, Standards of Performance for stationary combustion turbines (40 CFR 60.4300 - Subpart KKKK) do not apply to turbines that were constructed on or before February 18, 2005 and not modified or reconstructed since. The Federal rules do not impose any emission limit for NO, on these sources. Also, Subparts GG and KKKK do not regulate turbines that have a heat input of less than 10 MMBtuIhr . However, the proposed new rules and amendments require all turbines to comply with the proposed maximumallowable NO, emission rates, regardless of installation date and whether or not the source has been modified or reconstructed. The Department's proposed new rules and amendments require that on and after May 1, 2015, all HEDD turbines comply with the following maximumallowable N0, emission rates: 0.75 pounds/MWh for gas-fired combined cycle turbines; 1 .20pounds/MWh for oil-fired combined cycle turbines; 1 .00 pound/MWh for gas-fired simple cycle turbines; and 1 .60 pounds/MWh for oil-fired simple cycle turbines. The proposed maximum allowable NO, emission rates are more stringent than NSPS for turbines that were installed prior to October 3, 1977, because neither 40 CFR (CITE 40 N.J.R4432) NEW JERSEY REGISTER, MONDAY, AUGUST 4, 2008PROPOSALS

60 .330 nor 40 CFR 60.4300 applies to these turbines. It is difficult to determine whether the proposed maximumallowable NOx emission rates are more stringent than NSPS emission limits for turbines that were constructed, reconstructed or modified after October 3, 1977, but on or before February 18, 2005 and not reconstructed or modified since. The Federal rule at 40 CFR pail 60,, subpart KKKK does not apply to these turbines, and the 40 CFR part 60, subpart GG applicable NO, emission limit is dependent on the manufacturer's rated heat input for the specific turbine. Therefore, there is no general emission limit that can be used for comparison with the proposed maximumallowable NO, emission rates. All turbines with a heat input greater than 10 MMBtu/hr that are constructed, reconstructed or modified after February 18, 2005 are subjecttosubpart KKKK. The proposed standards for simple cycle and combined cycle gas fired turbines with a heat input equal to or greater than 10 MMBtu/hr and less than or equal to 50 MMBtu/hr that are constructed after February 18, 2005 are more stringent than the Federal rule at 40 CFR60.4300, which establishes an emission limit of 2.3 pounds/MWh for these turbines. The proposed standards for both simple cycle and combined cycle gas fired turbines with a heat input greater than 50 MMBtu/hr and less than or equal to 850 MMBtu/hr that are constructed, reconstructed or modified are more stringent than the Federal standards at 40 CFR 60.4300, which established an emission limit of 1 .2 pounds/MWh for such turbines that are constructed, and an emission limit of 2.0 pounds/MWh for such turbines that are reconstructed or modified. The proposed standards for both simple cycle and combined cycle oil fired turbines with a heat input

Prior to Starting 10/4/77 10/3/77 through 2/18/05 TABLE 10 Comparison ofFederal NOx Emission Limits and Proposed Maximum

Allowable NO, Emission Rates for Turbines

Federal Regulations for All Simple and Combined Cycle Turbines with Heat

. Input > 10 MMBtu No NSPS Subpart GG

applicable Dependant on Federal manufacturer's rated rules heat input ENVIRONMENTAL PROTECTION equal to or greater than 10 MMBtu/hr and less than or equal to 50 MMBtu/hr that are constructed, reconstructed or modified are, likewise, more stringent than the Federal standards at 40 CFR 60.4300, which establish an emission limit of 5.5 pounds/MWh for constructed turbines, and an emission limit of 8.7 pounds/MWh for reconstructed or modified turbines. The proposed rules for both simple cycle and combined cycle oil fired turbines with a heat input greater than 50 MMBtu/hr and less than or equal to 850 MMBtu/hr that are constructed, reconstructed or modified are more stringent than the Federal standards at 40 CFR 60.4300, which require an emission limit of 3.6 pounds/MWh for constructed turbines, and an emission limit of 4 .7 pounds/MWh for reconstructed or modified turbines. The proposed rules for simple cycle and combined cycle oil fired turbines with a heat input greater than 850 MMBtu/hr that are constructed, reconstructed or modified are more stringent than the Federal rules at 40 CFR 60.4300, which require an emission limit of 1 .3 pounds/MWh for these turbines. Additionally, if the construction, reconstruction or modification of the source triggers Federal PSD reviewunder 40 CFR 52.21, the source will be required to install the best available control technology (BACT) capable of achieving the proposed maximum allowable NO . emission rate. Table 10 belowshows the NOX emission limits that are imposed by Federal NSPS regulations and the Department's proposed maximum allowable NO, emission rates as applicable to sources that were constructed, reconstructed or modified at various times.

After 2/18/05 NSPS Subpart KKKK Gas: Construction: <_50 MMBtu/hr: 2.3 pounds/MWh or 42 ppm >50and <850 MMBtu/hr: 1 .2 pounds/MWh or 25 ppm >850MMBtu/hr : 0.43 pounds/MWh or 15 ppm

Reconstruction: >50and 5850 MMBtu/hr: 2.0pounds/MWh or 42 ppm >850 MMBtu/hr : 0

.43 pounds/MWh or 15 ppm Modification: , >50 and <_850 MMBtu/hr : 2 .0pounds/MWh or 42 ppm >850MMBtu/hr: 0.43 pounds/MWh or 15 ppm

Oil :

Proposed Emission Rates Construction: <_50 MMBtu/hr : 5.5 pounds/MWh or 96ppm >50 and <_850 MMBtu/hr : 3.6 pounds/MWh or 74 ppm >850 MMBtu/hr: 1 .3 pounds/MWh or 42 ppm

Reconstruction: <_50MMBtu/hr : 8.7 pounds/MWh or 150 ppm >50and <_850MMBtu/hr: 4.7 pounds/MWh or 96ppm >850 MMBtu/hr : 1.3 pounds/MWh or 42 ppm

Modification: <_50 MMBtu/hr : 8.7 pounds/MWh or 150 ppm >50 and <_850 MMBtu/hr : 4.7 pound/MWh or 96 ppm >850 MMBtu/hr : 1 .3 pound/MWh or 42 ppm Effective on the one day after the operative date of these amendments

NEW JERSEY REGISTER, MONDAY, AUGUST 4, 2008 (CITE 40 N .J .R . 4433)ENVIRONMENTAL PROTECTION (non-HEDD Turbines of any Heat Input) Proposed Emission . Rates (HEDDTurbines of any Heat Input) PROPOSALS Combined Cycle (Gas) : 1 .3 pounds/MWh Combined Cycle (Oil) : 2.0 pounds/MWh Simple Cycle (Gas) : 2.2 pounds/MWh Simple Cycle (Oil) : 3.0 pounds/MWh Effective on May 1, 2015 Combined Cycle (Gas) : 0.75 pounds/MWh' Combined Cycle (Oil) : 1 .20 pounds/MWh' Simple Cycle (Gas) : 1 .00 pound/MWh' Simple Cycle (Oil) : 1 .60 pounds/MWh' t Gas rates based on 25 ppm ; Oil rates based on 42 ppm ; Simple cycle rates based on 35 percent efficiency; Combined cycle rates based on 46 percent efficiency. The proposed new rules and amendments require each owner or operator of an HEDD unit (turbine or boiler) to submit a 2015 HEDD Emission Limit Achievement Plan (2015 Plan) to the Department by May l, 2010, and an annual update on the progress in achieving the 2015 Plan. The purpose of the 2015 Plan is to ensure that the owner or operator has a preliminary plan for achieving compliance for each HEDD unit by 2015. The purpose of the annual update is to allowthe Department to monitor the progress of the owner or operator in implementing the 2015 Plan and to provide an opportunity for the owner or operator to revise the 2015 Plan. There is no Federal regulation with a similar requirement ; therefore, this part of the proposed rules is more stringent than the Federal requirements. Due to the large number of HEDD units that will be affected by the proposed amendments, the Department has allowed a substantial period of time for these HEDD units to comply with the proposed limits. The Department expects that each owner or operator will be planning for compliance with the 2015 maximumallowable NO, emission rates. The Department, through the proposed rules, is requiring the owner or operator to share the plan and the status of implementing it with the Department periodically, in order to keep the lines of communications open between the owner or operator and the Department. In this way, the parties can address potential issues early in the process and not delaycompliance. Finally, the proposed newrules and amendments require each of the three major owners or operators of HEDD units to reduce NOX emissions on high electric demand days during the interimperiod the operative date of these amendments through September 30, 2014. As the Summary explained, the owners or operators may obtain these NO, ; emission reductions from any source that is approved by the Department, and the proposed newrules and amendments suggest some emission reduction strategies. The proposed newrules and amendments do not require the reductions to come fromany specific source, nor do they require any specific source to meet a given emission limit. There is no similar Federal regulation. The proposed newrules and amendments are needed to fulfill a requirement, imposed by EPA pursuant to the Federal Clean Air Act, 42 U.S.C. §§7401 et seq., that New Jersey adopt sufficient control measures to attain the Federal 1997 eight-hour NAAQS for ozone. Therefore, the proposed new rules and amendments are necessary for the State to comply with Federal requirements. Technological feasibility of the proposed maximumallowable NO, emission rates is based on several sources that have already installed a control apparatus to bring the EGUs into compliance with the proposed NO, ; emission rates, or installed new sources that will comply with the proposed maximum allowable NO, emission rates . The N0,, emission reductions fromthese proposed newrules and amendments are expected to be approximately 19.8 tons per high electric demand day by 2009, and 63.7 tons per high electric dernand day by 2015. As the Summary explained, the proposed newrules and amendments would primarily affect electric generating' companies that have boilers serving electric generating units or turbines that are capable of generating 15 MW or more of electrical power and operated less than or equal to an average of 50 percent of the time during the previous three ozone seasons . Also potentially affected would be the companies that design, build and install these control apparatus systems and turbines, consumers of the power generated, and all people who live, work or travel in New Jersey. As discussed in more detail in the Economic Impact above, the estimated cost-effectiveness of emission reduction for the boilers is expected to be approximately $600.00to $18,000 per ton of NO, ; emission reductions. The cost-effectiveness of installation of water injection on turbines is expected to be approximately $44,000 per ton ofmostly ozone day NO, ; emission reductions, which is equivalent to about $4,400 per ton for calendar year NO, emission reductions

. The estimated cost of replacing existing turbines is expected to be approximately $0.5 to $0 .8 million per MW . The Department anticipates the proposed new rules and amendments will result in an increase in the quality of life and protection of human health, the environment and agriculture. The Department expects the proposed new rules and amendments to have a significant positive environmental impact . The primary environmental benefit will be a reduction in NO, emissions, which are precursor emissions that lead to the formation of ground level ozone . As discussed earlier, ground level ozone is breathed by people and animals and comes into contact with crops and other vegetation, as well as man made structures and surfaces. This exposure can cause a variety of adverse effects. It is estimated that these proposed newrules and amendments will result in an emission reduction of 19.8 tons per high electric demand day by 2009 and an emission reduction of63.7 tons per high electric demand day by 2015. In addition to the environmental and health benefits, economic benefits, which are difficult to quantify, may also be realized. Owners and employees of businesses will enjoy the environmental, health and other social benefits of the newamendments. A reduction in air pollution will lead to healthier and more productive workers. Finally, the Department is proposing these newrules and amendments to meet EPA requirements. Failure to achieve these reductions could subject New

Jersey to economic sanctions, which would adversely affect all businesses and taxpayers in the State. In proposing these new rules and amendments the Department has balanced the need to protect the environment and public health and to comply with EPA requirements against any economic impacts of the proposed newrules and amendments . Based on similar sources that currently meet the proposed requirements, the Department has determined that these proposed new rules and amendments are achievable under current technology and are cost effective. The Department has determined that adopting the proposed newrules and amendments, even though more stringent than the Federal rules, is necessary in order to attain the Federal 1997 eight-hour NAAQS for ozone and to protect the environment and public health. Industrial/Commercial/Institutional (ICI) Boilers or other Indirect Heat Exchangers The Department compared the proposed new rules and amendments at N .J .A.C. 7:27-19.7 to the NSPS at 40 CFR Part 60, and the Acid Rain NO, Emission Reduction Program, 40 CFR Part 76. The Department determined that the proposed new rules and amendments are more stringent than the Federal regulations for boilers greater than 100 MMBtu/hr firing liquid fuels. The purpose of the proposed newrules and amendments for the ICI boilers and other indirect heat exchangers source category is to help bring the State into attainment with the Federal 1997 eight-hour NAAQS for ozone. The Department investigated various source categories to determine where further N0, emission reductions can be achieved. The Department identified ICI boilers and other indirect heat exchangers as (CITE 40 N

.J .R . 4434) NEW JERSEY REGISTER, MONDAY, AUGUST 4, 2008PROPOSALS

having a Statewide potential of reducing NO, emissions by nearly 1,000 tpy by 2011, assuming compliance is achieved by optimizing each boiler's combustion processes. This 2011 estimate would be lower if some small ICI boilers and other indirect heat exchangers comply by installing control devices because the proposed new rules and amendments would allow an extrayear to comply. The proposed new rules and amendments will affect industry, commercial operations, and institutions that own or operate boilers or other indirect heat exchangers that are equal to or greater than 25 MMBtu/hr rated heat input. Beginning the operative date of these amendments. and phased-in over the next two years, allowing smaller units more time to comply, this source category must meet the proposed maximumallowable emission rates proposed at proposed newN .J .A.C. ENVIRONMENTAL PROTECTION

7:27-19.7(i) Table 9. Proposed new Table 9 proposes emission rates for 10 categories based on heat input rate and fuel type. The Federal NSPS have not established emission rates for seven of these categories. The Department's proposed emission rates for the other three categories are more stringent than the Federal NSPS emission rates. These three categories are for fuel types natural gas only, No. 2 fuel oil, and other liquid fuels for ICI boilers or other indirect heat exchangers with a heat input rate of 100 MMBtu/hr or greater. Table 11 belowcompares by heat input and fuel type, the maximum allowable NO, emission rates proposed by New Jersey, existing in New Jersey, recommended by the Ozone Transport Commission, and existing in the Federal NSPS regulations. TABLE 11 MaximumAllowable NO, Emission Rates (in pounds per million BTU) for Industrial/Commercial/Institutional Boilers or other Indirect Heat Exchangers Fired by Gas or Liquid Fuels Heat Input Rate (_MMBtu/hr) Fuel Type Proposed NJ Rates At least 25 Natural gas only 0.05 but < 100 No. 2Fuel oil only 0 .08 Other gaseous fuels 0.20 (except refinery fuel gas) Other liquid fuels 0.20 Dual fuel using fuel oil 0.12 and natural gas 100 or Natural gas only 0.10 greater No

. 2 Fuel oil only 0.10 Other gaseous fuels 0.20 (except refinery fuel gas) Other liquid fuels 0.20 Dual fuel using fuel oil 0.20 and natural gas Existing NJ Rates O .IOr 0.12' 0.201 OTC Recommended Rates Federal NSPS Rates 0 .05 None 0 .08 None NA None 0.301 0.20 None 0.12 NA None 0.10 0.10 0 .10-0.20 0 .20 0.20 0.30-0.40 0.20 NA None 0 .20 0.20 0.30-0.40 0 .20 to 0.43 0.20 No limits 1 Existing rates apply to units between 50 and 100 MMBtu/hr. There are no existing rates for units between 25to less than 50MMBtu/hr . As explained in the Economic Impact above, the cost-effectiveness is expected to range from$600 .00 to $18,000 per ton of NO . reduced with the typical cost effectiveness being less than $5,000per ton. The Department examined the stack test results for 46 boilers in the three categories in which the Department proposes a more stringent standard than the Federal regulations. All the results were below the proposed more stringent emission rates. Therefore, the proposed more stringent rates are technologically feasible. The Department has determined that measures to reduce NOX emissions from ICI boilers and other indirect heat exchangers beyond those that are required by existing Federal regulations are necessary to achieve the Federal 1997 eight-hour NAAQS for ozone . The Department is proposing to be more stringent than the EPA because the State's ozone air quality exceedance is, higher than in most areas in the United States and in the Ozone Transport Region. Therefore, given the demonstrated success of achieving these rates, as explained above in the Backaound, and New Jersey's need to reduce NO, emissions to protect public health, it is reasonable to propose that all sources in these three categories meet the Department's proposed maximumallowable emission rates. Municipal Solid Waste (MSW) Incinerators The Department compared the proposed N.J .A.C . 7:27-19.12 new rules with the Federal NSPS at 40 CFRPart 60 Subpart Cb and finds that the proposed new

rules are more stringent than the Federal regulations. The purpose of the proposed new rules for MSW incinerators is to help bring the State into attainment with the Federal 8-hour NAAQS for Ozone. The Department investigated various emission sources to determine where further N0, emission reductions can be achieved and concluded that MSW

incinerators is one of these source categories. The Department estimated that further control of NO, ; emissions fromMSW incinerators would yield a Statewide NO, reduction of greater than 100 tpy by 2010. These proposed rules would affect 13 MSW incinerators located at five facilities. Currently these facilities all comply with the Federal NSPS NO . emission standard of 205 ppm (at seven percent oxygen) on a daily average. Ten of the 13 units, located at four of the five facilities, have already installed selective non-catalytic reduction to control NO, ; emissions. The technology exists for optimizing the performance of these existing systems and achieving further N0, reductions. The Department expects that a maximumallowable NO, emission concentration of 150 ppmvd (at seven percent oxygen) is readily achievable, and expects that actual NO, emission concentrations will average 130 ppmvd

. Achieving the proposed maximumallowable emission concentration of 150 ppmvd (at seven percent oxygen) will require the use and optimization of SNCR on each MSW incinerator. Only three of the existing 13 units in the State do not have a SNCRsysteminstalled. These three units are located at the Camden County Resource Recovery Facility. As explained in the Economic Impact above, the estimated capital cost to install an SNCR systemon an MSW incinerator is approximately $1,500 per MMBtu/hr, and the estimated cost to operate an SNCR systemon an MSW incinerator is between $950.00 and $1,675 in 2006 dollars. The primary health benefit will be through a reduction in the emission of NO . . The health and environmental benefits are explained above in the Social Impact and Environmental Impact sections. The Department has determined that these proposed measures to reduce NO, ; from MSW incinerators beyond that which is required by existing Federal rules and regulations are necessary to achieve the Federal 1997 eight-hour NAAQS for ozone needed to protect the health and quality of life of New Jersey's citizens.

NEW JERSEY REGISTER, MONDAY, AUGUST 4, 2008 (CITE 40N.J .R . 4435)ENVIRONMENTAL PROTECTION VOC Stationary Storage Tanks The Department performed a comparison of the proposed rules and amendments to N.J .A.C . 7:27-16.2 to analogous Federal regulations, namely, 40CFR 60.11 Ob to 60.117b, New Source Performance Standards (NSPS) for VOC Storage Tanks for which Construction, Reconstruction or Modification Commenced after July 23, 1984. These Federal regulations were promulgated pursuant to the Federal Clean Air Act and set forth the substantive Federal standards. Based on its review of Federal regulations, the Department has determined that the proposed rules and amendments are more stringent than the Federal regulations. Based on the research and surveys done by BAAQMD, SCAQMD, SJVUAPCD and TCEQ, the Department has determined that the proposed new rules and amendments are achievable using current technology and are cost effective. The Department identified control measures based on the Department's VOC emissions inventory, disclosures of previously unreported roof landing emissions, potential emission reductions achievable, and technological feasibility of the proposed measures based on research and surveys conducted by TCEQ, BAAQMD, SCAQMD, and SJVUAPCD

. The proposed newrules and amendments for storage tanks would primarily affect refineries, terminals, and pipeline companies that produce, store, and transport gasoline. In order to comply with the rules, as explained in the Summary above, those facilities will have to retrofit their tanks with upgraded deck fittings and seals, change work practices, and/or install controls for floating roof landings. Potentially affected are businesses that supply equipment to these facilities, market and distribute the products of these facilities, and consumers. As explained in the Social Impact and Environmental Impact above, the Department anticipates the benefits of the proposed rules and amendments to be an increase in the quality of life and protection of human health, the environment and agriculture. The primary environmental benefit will be a reduction in the emission of VOCs, which are precursor emissions that lead to the formation of ground-level ozone, exposure to which can cause a variety of adverse effects. The proposed new rules and amendments are also expected to reduce emissions of hazardous air pollutants and toxic substances. The Department estimates that the proposed newrules and amendments will achieve a 2,000-ton VOCemissions reduction by 2019, beyond the current Federal rules. This equates to a VOCemission reduction of approximately 6.5 tpd by 2019. As discussed in more detail in the Economic Impact above, the Department's estimated cost-effectiveness of emission reduction ranges from$3,000 to $29,000per ton of VOC reduced, there may be less than a one-cent per gallon increase in gasoline prices at the pump, distributors and retailers may be impacted, and the industry's annualized compliance cost-effectiveness would be a maximumof $58,000,000 for 2,000 tons per year of VOC reductions in 2019. Economic benefits may also be realized

. Owners and employees of businesses will enjoy the environmental, health, and other social benefits ofthe proposed new rules and amendments. A reduction in air pollution will lead to healthier and more productive workers. The proposed new rules and amendments are needed to fulfill a requirement, imposed by EPA pursuant to the Federal CleanAir Act, 42 U .S.C. §§7401 et seq., that New Jersey adopt sufficient control measures to address additionaT -VOC (ozone precursor) emission reductions identified by EPAas being needed for New Jersey to attain the eight-hour ozone standard. Therefore, proposal of these newrules and amendments are necessary for the State to comply with Federal requirements. Failure to achieve these reductions could subject NewJersey to economic sanctions, which would adversely affect all businesses and taxpayers in the State. In proposing these newrules and amendments, the Department has balanced the need to protect the environment and the public health and to comply with EPA requirements against any economic impacts. The Department has determined that the human health, enviromnental and economic benefits of the proposed newrules and amendments outweigh the costs to implement them . Jobs Impact The Department anticipates the proposed new rules and amendments will have a small impact on jobs in New Jersey. PROPOSALS The Department anticipates the proposed newrules and amendments for cutback and emulsified asphalt may slightly impact jobs in New Jersey. The additional costs that the proposed new rules and amendments would generate are not anticipated to affect industry operations in such a way as to affect employment in a negative manner since the use of cutback and emulsified asphalt is such a small percent of the asphalt pavement business. In some cases, additional jobs may be created in the process of reformulating newasphalt used for paving for use in New Jersey. Manufacturers of cutback asphalt may have to shift their business towards emulsified asphalts as a result of the Department proposing EPA's recommendation. Companies that supply emulsified asphalts and portable hot mix road repair services may experience an increase in demand for their products. The Department expects that the proposed newrules and amendments for boilers serving coal-fired electric generating units may have a slightly positive impact onjobs

. Some long-term jobs may be created in order to operate and maintain the new control apparatuses and performadditional operation and maintenance tasks associated with getting further emission control out of the existing systems. Some short-term jobs will be created based on the need to design, manufacture and install control apparatuses and the need to ensure sufficient control of emissions by the existing control apparatuses. Nojob loss is expected to result fromthe proposed new rules and amendments. The Department anticipates the proposed newrules and amendments for offset lithographic printing and letterpress printing operations and flexible package printing to have no impact on jobs or employment because most of the facilities affected by the proposed newrules and amendments are already controlled to comply with existing state-of-theart requirements for newor modified equipment . Also, there are no flat wood paneling coating businesses currently in New Jersey. The Department expects the additional work required by implementing best management practices is already being done by most facilities and will not impactjobs. The Department anticipate$ little or no overall impact onjobs of the proposed new

rules and amendments regarding HEDDunits. A fewlongterm jobs may be created in order to operate and maintain the new control apparatuses on seven No. 6 fuel oil fired boilers and approximately 147 turbines. Several short-term jobs may be created based on the need to design, manufacture and install control apparatuses on seven additional boilers and approximately 147 turbines. Several short-termjobs will be created based on the need to design, manufacture and install new replacement turbines. Operation and maintenance of these newturbines should not have an impact on jobs because these turbines will be replacing existing turbines. The Department anticipates the proposed newrules and amendments for asphalt pavement production plants, sources with NO or VOC alternative maximumallowable emission rates, sources with NO, facilityspecific maximum allowable emission rates, glass manufacturing furnaces, industrial/commerical/institutional boilers and other indirect heat exchangers, municipal solid waste incinerators, and VOCstationary storage tanks will have a small positive impact on jobs in New Jersey. While some individual businesses may be affected adversely, the proposed new rules and amendments for all source categories may provide business opportunities for existing businesses or result in the creation of new

businesses, which may result in the creation of additional jobs. For example, the resulting need for newair pollution control equipment and environmental consulting to meet the proposed emission limits and increased testing requirements may create some jobs in this sector. Also, the proposed VOC stationary storage tank upgrades and inspections will require additional labor. The additional costs that the amendments would generate are not anticipated to affect industry operations in such a way as to result in a loss ofjobs. Agriculture Industry Impact Pursuant to the requirements of P.L. 1998, c. 48, adopted on July 2, 1998, the Department has evaluated the proposed new rules and amendments to determine the nature and extent of their impact on the agriculture industry. (CITE 40 N

.J.R. 4436) NEW JERSEY REGISTER, MONDAY, AUGUST 4, 2008The proposed newrules and amendments are expected to have a

positive impact on the agriculture industry of New Jersey. The air quality improvements expected to be realized in NewJersey as a result of the additional NOx and VOC control measures, in concert with other ambient ozone control strategies, are expected to have a positive impact on the agriculture industry by reducing the damage that high concentrations of ground-level ozone have on sensitive crops. The primary environmental benefit would be a reduction in NO, and VOCs, which are precursors to the formation of tropospheric (groundlevel) ozone that is breathed by people and animals and comes in contact with crops and other vegetation. Ground-level ozone interferes with various plants' ability to produce and store nutrients (EPA 1997 Fact Sheet), which causes the plants to become more susceptible to disease, insects, other pollutants, and harsh weather. This impacts annual crop production throughout the United States, resulting in significant losses, and injures native vegetation and ecosystems. Taken together, the proposed newrules and amendments would have a positive impact by reducing emissions of NO, and VOCs, thereby reducing the formation of ground-level ozone. Therefore, the reduction of NO, and VOCs from the proposed newrules and amendments would have a positive impact on the agriculture industry. Regulatory FlexibilityAnalysis As required by the New Jersey Regulatory Flexibility Act, N .J .S.A . 52:14B-16 et seq., the Department has evaluated the reporting, recordkeeping, and other compliance requirements that the proposed new rules and amendments would impose upon small businesses. The Regulatory Flexibility Act defines the term "small business" as "any business which is a resident in this State, independently owned and operated and not dominant in its field, and which employs fewer than 100 fulltime employees." Based upon this definition, the Department expects that some small businesses will be subjected to additional requirements. The proposed newrules and amendments for cutback and emulsified asphalt could impact manufacturers and users of cutback and emulsified asphalt that are small businesses. However, the Department does not anticipate that small businesses will need to employ new staffin order to comply with the proposed newrules and amendments. The Department expects manufacturers to use existing staff to reformulate the asphalt if necessary, and asphalt users to use existing employees to apply a modified, but better, product . As explained in .the Economic Impact above, asphalt manufacturers may need to employ a laboratory to test asphalt for compliance with the proposed content limits at a cost between $290.00 and $320

.00. There are approximately 70 asphalt pavement production plants in NewJersey, all of which meet the definition of "small business." The Department anticipates there will be a cost for most asphalt pavement production plants to comply with the proposed emission limits. The Department proposed two measures to ease this compliance cost. The Department proposed a phased compliance schedule, which requires the larger plants to comply by the operative date of these amendments, if compliance is achieved without physically modifying the dryer or May 1, 2010 if compliance is achieved by physically modifying the dryer, the mediumsized plants by May 1, 2010 if compliance is achieved without physically modifying the drye'r or May l, 2011 if compliance is achieved by physically modifying the dryer, and the smallest plants by M~y 1, 2011 if compliance is achieved without physically modifying the dryer or May 1, 2012 if compliance is achieved by physically modifying the dryer. Also, unlike the OTC proposal (MACTEC Report February 2007) that recommends a specific technology, lowNO, burners, to achieve NO, emission reductions, the Department's proposal requires compliance with more stringent NO, emission rates and gives facilities the flexibility to choose any technology to comply. The Department expects that some asphalt pavement production plants will be able to comply using these best management practices, without needing to install lowNO, burners, which would be a cost savings. The proposed best management practices (including inspections) plus the proposed recordkeeping of these activities, will not impose additional costs since these requirements are already in all existing permits. The proposed rules will affect approximately 18 rotogravure, sheet-fed gravure, or flexographic printing operations and approximately 14 ENVIRONMENTAL PROTECTION lithographic printing operations. The majority of these 32 facilities meet the definition of "small business." No letterpress printing operation in New Jersey is a "small business." Small businesses that have rotogravure, sheet-fed gravure, or flexographic printing source operations would have to comply with more stringent requirements ifthey install new equipment or modify existing equipment. The small businesses that have lithographic printing operations already appear to be in compliance with the control requirements because of existing state-of-the-art requirements for new or modified equipment. The proposed rules and amendments include measures to minimize the adverse impact of the proposed rules on these small businesses. Small businesses will have several compliance options. For example, rotogravure, sheet-fed gravure, or flexographic printing operations could meet the newrequirements either by installing controls or by using coatings with a maximumVOC content . Small businesses that operate rotogravure, sheet-fed gravure, or flexographic printing operations, would not have to meet the new control requirements unless their source operations are newly constructed or modified on or after the operative date of these amendments. Small businesses that operate letterpress or lithographic printing operations would be allowed to use up to 110 gallons of cleaning materials that do not meet the new VOC specifications for cleaning materials. This will provide,greater flexibility for a small business since a larger percentage of its cleaning materials would not have to meet the new VOCspecifications. The Department anticipates that noconsultants would have to be hired to implement the best managem6nt practices or to generate the required best management practice records, and no newrecordkeeping systems would have to be purchased and installed to maintain the records. The proposed rules and amendments do not require these small businesses to employ certified professionals to comply with the proposed rules and amendments. For a discussion of the proposed compliance costs, see the Economic Impact . Two NewJersey small businesses have boilers greater than 25 MMBTU/hr and therefore would be impacted by the proposed newrules and amendments for ICI boilers and other indirect heat exchangers. These two small businesses will likely need to retrofit their boilers with low NO, ; burners. The Department does not consider the retrofit cost excessive, as discussed in the Economic Impact above, and the cost may be partially or fully recovered through an increase in fuel efficiency. More stringent maximumallowable NO, emission rates arejustified for these two businesses because their boilers can burn the equivalent of over 175 gallons of oil per hour when operated at maximumcapacity, causing significant NO, emissions. The health and environmental benefits of the estimated NO, emission reductions justify the expected moderate compliance cost. The proposed newrules and amendments would require these two businesses to comply on and after May 1, 2011, a long enough time period to minimize the economic impact on both small businesses. This is the first time that a maximumallowable NO, ; emission rate would be established in New Jersey for ICI boilers between 25 and 50 MMBTU1hr . The Department does not believe any of the other facilities impacted by the proposed new rule and amendments are small businesses, inasmuch as they each employ more than 100 full time employees. In proposing these newrules and amendments, the Department has balanced the need to protect the environment and public health and to comply with the EPA against any economic impacts of the rules upon businesses. Nofurther exemption fromcoverage can be provided to small businesses, if the full effect of these newrules and amendments is to be achieved. Owners and employees of small businesses will enjoy the environmental, health, and other social benefits of the new rules and amendments. Furthermore, securing the VOC emission reductions that would be realized through the newamendments is required by the EPA pursuant to the Federal Clean Air Act. Failure to achieve these reductions could subject New

Jersey to economic sanctions, which would adversely affect all businesses in the State including small businesses. The Department believes the health and environmental benefits of the estimated NO, and VOC emission reductions justify the expected moderate compliance cost to small businesses that will be impacted by these proposed newrules and amendments. NEW JERSEY REGISTER, MONDAY, AUGUST 4, 2008 (CITE 40 N.J .R. 4437)ENVIRONMENTAL PROTECTION Smart Growth Impact Executive Order No. 4 (2002) requires State agencies that adopt, amend or repeal any rule to include in the rulemaking document a Smart Growth Impact statement that describes the impact of the proposed rule on the achievement of smart growth and implementation of the State Development and Redevelopment Plan (State Plan) . The Department has evaluated this rulemaking to determine the nature and extent of the impacts that the proposed newrules and amendments would have on smart growth and the implementation of the State Plan. The Department does not expect the proposed new rules and amendments to have an adverse impact on the State's achievement of smart growth or implementation of the State Plan. Many of the operations impacted by the proposed new rules and amendments are concentrated in urban areas targeted for smart growth. The Department expects that reducing emissions as a result of the proposed newrules and amendments will improve air quality in these urban areas making these urban areas more attractive for development, thereby supporting smart growth . The Department expects the proposed newrules and amendments for boilers serving electric generating units and for HEDD units to have a small positive impact on smart growth. Clean power generation will allowmore power to be g'enerated to support growth without having as great an impact on the air pollution caused by generation of that power . Because the proposed new rules and amendments are intended to reduce the emission of NO ., VOCs, S02 and particulates into the State, thereby helping to protect air quality, the proposed new rules and amendments support the State Plan's goal of protecting the environment and preventing air pollution by implementing a strategy of reducing air pollution at the source. References ACD : Amendmentto Consent Decree, United States ofAmerica, State ofNew Jersey v . PSEGFossil LLCCiv. No . 02-CV-340, United States District Court for the District of New Jersey, Newark Division (May 2, 2007) . ACO : Administrative Consent Order "In the Matter ofAtlantic City Electric Company, Conectiv, and PepcoHoldings, Inc, 800King Street, YVilnirngton, Delaware, 19801" (January 24, 2006) . AP-42 Asphalt: "Compilation ofAir Pollutant Emission Factors," EPA, January 1995, 5th edition, March 2004 revision of Chapter 11 "Hot Asphalt Plants." http //www

.epa.gov/ttn/chief/ap42/index.html . AP-42 Tanks: "Compilation ofAir Pollutant Emission Factors," EPA, January 1995, 5th edition, November 2006 revision ofChapter 7 "Liquid Storage Tanks." http://vis~cv.epagov/ttn/cliief7ap42/ch07/final/c07sOl .pdf . API 653 : "Tank Inspection, Repair, Alteration, and Reconstruction," API Standard 653, Third Edition, December 2001, Addendum1, September 2003, American PetroleumInstitute Publishing Services, 1220 LStreet, N .W ., Washington, D

.C. 2005. BAAQMD 1997 Report : "Bay Area `97CleanAir Plan, Volume III, Appendix F, Stationary and Mobile Source Control Measure Descriptions," adopted by the Board ofDirectors December 17, 1997, http ://wwwbaaqmd aov/pln/plans/clearLair-tplan/1997/1997_ca Ceres 2002 Report: Ceres Investors and Environmentalists for Sustainable Prosperity, Publication and Reports -Benchmarking Air Emissions.ofthe 100 Largest Electric Generation Owners in the U.S., 2002, Appendix A' http://www . ceres ore/pub/docs/Ceres_bnchmrkng_electric-cos 0302-apendApdf. Colorado Fact Sheet: Colorado Department of Public Health and Environment

. November 2000 Volatile Organic Compounds Health Effects Fact Sheet. http://wv,,",cdphe state co us/hm/schlaae/vocfactsheet pdf. ConnecticutAnalysis: Connecticut Department of Environmental Protection, Agency Fiscal Estimate ofProposed Regulation, September 20, 200( ; Connecticut Department of Environmental Protection, Small Business Impact Statement, May25, 2007. EPA 1993: United States Environmental ProtectionAgency's Plain English Guide to the CleanAir Act, April 1993. EPA 1996 Proposal Rule: U .S. Environmental Protection Agency,National Ambient Air Quality Standards for Particulate Matter, Proposed Rule, 61 Fed. Reg. 65638, December 13, 1996 . PROPOSALS EPA 1997 Fact Sheet: U .S . Environmental Protection Agency, Fact Sheet on the New

8-Hour Ozoneand Fine (2.5 microns) Particulate Matter Health Standards, EPAJuly 1996. EPA 1999: "Nitrogen Oxides (NO,), Why and How They Are Controlled," prepared by CleanAir Technology Center (MD-12), Information Transfer and ProgramIntegration Division, Office ofAir Quality Planning and Standards, U.S. Environmental Protection Agency, Research Triangle Park, North Carolina 27711, EPA-456/F-99-006R, November 1999. http://wwweoa r;ov/ttncatcl/dir l/fnoxdoc.pdf . EPA2006Ozone Report: U.S. Environmental Protection Agency's "Groundlevel Ozone - Health and Environment," http://www

.epa gov/air/ozonepollution/health html . Last updated November 20, 2006. EPA2008 Toxics Website: U .S. Environmental Protection Agency. ToxicAir Pollutants-About Air Toxics, Health and Ecological Effects, July 2008. http://wwwepa gov/air/toxicair/newtoxics.html#effects. EPA2008 PM

: U .S . Environmental Protection Agency. Six Common Air Pollutants - Particulate Matter . July 2008. http //www

epa Qov/air/particleoollution/index . html . EPA2007 S02: U.S. Environmental Protection Agency. Six Common Air Pollutants - SOZ - How

Sulfur Dioxide Affects the Way We Live & Breathe. July 23, 2007. http://www .epa.gov/oar/urbanair/so2/index htm l . EPAAsphalt CTG: Control Techniques Guidance (CTG) document "Control of Volatile Organic Compounds fromUse of Cutback Asphalt," EPA, December 1977, publication No. EPA-450/2-77-037, httpwww .epa.gov/ttn/ naaas/ozone/ctg_acU197712_voc-epa450-2-77-037-cutbaclr,-asphalt pdf. Ferry presentation: "Air Emissions fromthe Cleaning ofStorage Tanks" powerpoint presentation by Robert Ferry at theApril 7, 2005 Safe Tank Workshop in Richmond, CA . This presentation is available at the Bureau of Preconstruction Permits, Department of Environmental Protection, 609-292- 6716 . Institute ofClean Air Companies, 2000: Appendix 1 of"White Paper, Selective Non-Catalytic Reduction (SNCR) for Controlling NO, Emissions," prepared by SNCRCommittee, Institute of CleanAir Companies, Inc. May 2000. Institute of Clean Air Companies, 1730 M Street NW, Suite 206, Washington, DC20036-4535. http://ww w .icac.com MACTEC Report February 2007: Identification and Evaluation of Candidate Control Measures - Final Technical Support Document, MACTECFederal Programs, Inc., 560 Herndon Parkway, Suite 200, Herndon, Virginia 20170, February 28, 2007. MACTECReport July 2007: Assessment ofReasonable Progress for Regional Haze in MANE-VU Class I Areas, MACTEC Federal Programs, Inc., 5001 South Miami Boulevard, Suite 300, PO Box 12077, Research Triangle Park, North Carolina 27709, July 9, 2007. MARAMA2005 Report : Mid-Atlantic Regional Air Management Association's (Iv1ARAMA) "A Guideto Mid-Atlantic Regional Air Quality Report," October 2005, Appendix A, Health Effects ofAir Pollutants, page 89. Minnesota Fact Sheet: Minnesota Department ofHealth. September 2005 Volatile Organic Compounds - VOCs Fact Sheet. http://www

health.state nut us/divs/eh/indoorair/voc/. NESCAUM

Report: "A Basis for Control of BART Eligible Sources," Northeast States for Coordinated Air Use Management . lhttp://www

.nescaumore. NJDEP2006 Broshure: New Jersey Department of Environmental Protection's "In Pursuit ofClean Air - Ozone," 2006. http://www

.state.ni .us/dep/airworkgroups/docs/2006reduc inrair.pdf. NJDEP2006 Pollutants Report: New Jersey Department of Environmental Protection, Bureau ofAir Monitoring, 2006, "Air Pollutants andtheir Health Effects." http://www

.state.ni .us/dep/airmon/heappa7e htm . OTCFebruary 2007 Proposal : OzoneTransport Commission (OTC), Identification and Evaluation Candidate Control Measures, Final Technical Support Document, OTCControl Measures, February 28, 2007 . OTCResolution 06-02: "Resolution 06-02 ofthe OzoneTransport Commission Concerning Coordination and Implementation ofRegional Ozone Control Strategies for Certain Source Categories," June 7, 2006. (CITE 40 N.J.R

. 4438) NEW JERSEY REGISTER, MONDAY, AUGUST 4, 2008PROPOSALS

OTC Resolution 06-02 Addendum : "Addendumto Resolution 06-02ofthe ozone Transport Commission Concerning Coordination and Implementation of Regional Ozone Control Strategies for Various Sources," November 15, 2006. Queensland 2006 Report: Queensland Government Environmental Protection Agency. Queensland Parks and Wildlife Service. Nitrogen Oxides. December 31, 2006. httu /_ / a

qld gov au/environmentaLmanagem ent/air/ air_ ~~ali_7_- ,_ t" ----n'°n~t°

- rme/air_pollutants/mtroeen-ox~des/. San .loaquin 2005Report: SanJoaquin Valley Unified Air Pollution Control District Final Draft StaffReport, Proposed Amendments to Rule 4623 (Storage ofOrganic Liquids), May 19, 2005. SCAQMDRule 1178: South Coast Air Quality Management District Rule 1178, "Further Reductions of VOC Emissions fromStorage Tanks at PetroleumFacilities (Adopted December 21, 2001) (Amended April 7, 2006.) South Coast 1987 Report : SCAQMD, StaffReport on Proposed Rule 1149 - Storage Tank Degassing, October 23, 1987. South Coast 2001 Report : South Coast Air Quality Management District, Final Staff Report Proposed Rule 1178, Further Reductions in VOC Emissions fromStorage Tanks at PetroleumFacilities, December 11, 2001 . TCEQChapter 115: Texas Commission of Environmental Quality (TCEQ) regulations Chapter 115, "Control of Air Pollution fromVolatile Organic Compounds." http~//www tceo state tx us/assets/public/legal/rules/ rule_lib/adoptions/06038115_ado-clean.pdf. TCEQChapter 115 proposal : Published in the Texas Register on December 29, 2006. htta //texinfo library unt edu/texasregister/html/2006/ dec-29 /PROPOSED/30 ENVIRONMENTAL%200UALITY .html . XRT 2006Report: Extraordinary Road Trip (XRT) Research Lab, "Ozone - Health and Environmental impacts ofGround-level Ozone," httn //wwwextraordinarvroadtrip orc/research-library/ air pollution/understanding-air-polluon/ozone/health.asu. (Modified December 14, 2006.) Full text ofthe proposal follows (additions indicated in boldface thus; deletions indicated in brackets [thus]) : CHAPTER27 AIR POLLUTION CONTROL SUBCHAPTER4. CONTROL ANDPROHIBITION OF PARTICLES

FROM COMBUSTIONOF 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 termshall also not include the pouring of footings or placement of a foundation lvhere 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 ENVIRONMENTAL PROTECTION emitted by that equipment or control apparatus or that results in the emission of any air contaminant not previously emitted. This termshall not include normal repair and maintenance. 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 newprocess unit; or, if it is part(s) of control apparatus that is being replaced, 50 percent of the fixed capital cost that would be required to construct comparable new control apparatus; and 2. $80,000, in 1995 dollars, adjusted by the Consumer Price Index (CPI) . 7:27-4.2 Standards for the emission ofparticles (a) On and after (the operative date of these amendments), this subsection shall not apply to any coal-fired boiler that is regulated by (b) below

. On and after December 15, 2012, this subsection shall not apply to any coal-fired boiler that is regulated by (c) below . No person shall cause, suffer, allowor permit particles arising fromthe combustion of fuel to be emitted from any stack or chimney into the outdoor air in excess of the maximumallowable emission rate set forth in the following table. For a heat input rate between any two consecutive rates shown, the maximumallowable emission rate shall be determined by interpolation:

Heat Input Rate MaximumAllowable Emission (Millions of British Thermal Rate (Pounds per Hour) Units per Hour) 1 00.6 10 06 20 08 30 09 40 10 50 11 60 12 70 13 80 14 90 14.5 100 15 120 ' 16.5 140 17.5 160 18.5 180 19.4 200 20 400 40 600 60 800 80 1,000 100 2,000 200 3,000 300 4,000 400 5,000 500 6,000 600 7,000 700 8.000 800 10,000 1,000

NEW JERSEY REGISTER, MONDAY, AUGUST 4, 2008 (CITE 40 N.J .R . 4439)ENVIRONMENTAL PROTECTION Note: Heat input rate shall be the sumof 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 coalfired boiler particle control apparatus that is constructed, installed, reconstructed or modified and commences operation on or after (the operative date of this amendment), 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 . 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 CFR52.21, 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) : 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), 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. SUBCHAPTER 10. SULFURIN 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 from12 :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. 7:27-10.2 Sulfur contents standards (a) [No] On and before December 14, 2012, no person shall store, offer for sale, sell, deliver or exchange in trade, for use in NewJersey, 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) [No] 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 s

EXISTING SOLID FUEL BURNINGUNITS Type Fuel Maximum Allowable Percent Sulfur by Weight (Dry Basis) Zone One Zone Two Zone Three Zone Four Anthracite Coal 0.8 0.8 0.8 0.8 or Coke All other solid 1 .0 1 .0 0.2 0.2 Fuels PROPOSALS (c) [The] 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 BURNINGUNITS Type Fuel Maximum Allowable SO2 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) [Any] 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) [Any] On and before December 14, 2012, any person responsible for the use of bituminous coal who believes that bituminous coal containing a maximumallowable 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) [The] On and before December 14, 2012, the Department may authorize the use of bituminous coal not exceeding a maximumsulfur content of 3.5 percent by weight (dry basis) at existing facilities in Zone One if: l .-5. (No change.) (g) [Authorizations] On and before December 14, 2012, authorizations granted pursuant to (f) above shall be valid for a period not to exceed five years fromthe date of issuance and may be renewed upon application to the Department, setting forth reasons and justifications for such renewal, including a demonstration of continued conformance with the provisions of(fJ 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 SO,, 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 accordancewith 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. (CITE 40 N

.J .R. 4440) NEW JERSEY REGISTER, MONDAY, AUGUST 4, 2008>_-PROPOSALS 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: 1, Measure the emissions for each one-hour block using a certified Continuous S02Emissions 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) 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 onehour blocks during which solid fuel is combusted. For example, if a source combusted solid fuel from midnight to 4:00A .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 onehour blocks frommidnight to 4:00 A .M . and dividing that sumby 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 30consecutive 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 new30-calendar-day rolling average emission rate for each subsequent calendar day pursuant to (b)1 and 2 above; and 4. Any calendar day during which no combustion of solid fuel occurred shall not be included in the 30-calendar-day rolling average emission rate. For example, if a source did not combust solid fuel during two calendar days of a 30-calendar-day rolling average emission rate period, the 24-hour emission rates of the 28 days during which emissions occurred would be used to determine the 30- calendar-day rolling average emission rate. The total emissions for the 28 days would be divided by 28, not 30. (c) 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 ofEnvironmental Protection 401 East State Street PO Box 027 Trenton, NJ 08625-0027 SUBCHAPTER 16. CONTROL AND PROHIBITION OF AIR

POLLUTION BYVOLATILE ORGANIC COMPOUNDS 7 :27-16 .1 Definitions The following words and terms, when used in this subehapter, 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. "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 fromthe National ENVIRONMENTAL PROTECTION 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 http" //www .epa.gov/ttn/chief/ap42/ index-ht-l . "API" means the American Petroleum Institute, 1220 L Street, NW, Washington, DC 20005-4070, http://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 fromthe API, at the address in the definition of "API" above.

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

. . "Authorized inspection agency" means any one of the following that employs an authorized inspector: 1. An insurance company that is licensed or registered in New Jersey to write aboveground storage tank insurance; 2. An owner or operator of one or more aboveground storage tanks; or 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.

. . ."Capacity" means thevolume 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. "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 OQA-QAM-025, Revision 6, and/or, if necessary, EPASW846 Test Method 8260, as supplemented or amended, and incorporated herein by reference. Hydrocarbons heavier than C14, as determined by Test Method ASTM E 260-85, as supplemented or amended and incorporated herein by reference, may be excluded 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 fromthe 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 .ni .aov/dep/oga/bboard.html . Test Method ASTME 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 .org. "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[, excluding] . This termincludes, 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 wood-containing product. This termexcludes the x

.

NEW JERSEY REGISTER, MONDAY, AUGUST 4, 2008 (CITE 40 N.J.R . 4441)ENVIRONMENTAL PROTECTION coating of [exterior siding, tile board, or] 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. . "Crude oil" means petroleum extracted fromthe earth and that has not been processed in a refining operation.

. . ."Deck fitting" means a functional or operational device on a tank floating roof that substantially closes or seals a penetration in the deck of the floating 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, rimvent, roof drain, roof leg, and vacuumbreaker, and excluding the rimseal system . "Degassing" means the process of removing organic vapors froma storage tank in preparation for human entry. "Domed roof" means a self-supporting fixed roof attached to the top of an external floating rooftank to reduce evaporative losses. "Fixed roof tank" means a tank with a roof that is permanently affixed to the shell ofthe tank. ["Fountain solution" means an aqueous solution used in graphic arts operations to dampen the plate and prevent the non-image areas of the plate fromaccepting the hydrophobic inks used.] "Fountain solution" means a solution used in lithographic printing operations that renders the non-image areas unreceptive to ink. "Gauge float" means a device to indicate the level of the liquid within a tank. The float rests on the liquid surface inside a gaugewell 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 fromthe 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 web lithographic printing" means a lithographic printing operation in which ink is dried rapidly by forced-air heating .

. ' ."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 double-deck type cover located inside a fixed roof tank that rests PROPOSAI upon and is supported by the organic liquid being contained. ~ internal floating roof is equipped with closure seals to close the spa between the roof edge and tank shell . "Ladder and well" means a ladder that passes through a well, at is used to access the tank bottomof an internal floating roof tank. "Leak-free" means a condition that exists when the reading on portable hydrocarbon analyzer is less than 500 ppm, expressed s methane, above background, measured using EPA Method 21, : identified in 40 CFR Part 60, Appendix A, Determination of Volati Organic Compounds Leaks, incorporated herein by reference. "Letterpress printing" or "letterpress printing operation" mear printing using cast metal type or plates on which the image a printing areas are raised above the non-printing areas, the ink rollei touch only the top surface of the raised areas, and the surroundin (non-printing) areas are lower and do not receive ink. A letterpres printing operation includes, but is not limited to, a heatset letterpres printing operation. "Liquid mounted primary seal" means a primary seal that i mounted in full contact with the liquid in the annular space betweei the tank shell and the floating roof . "Lithographic printing" or "lithographic printing operation" mean printing by a planographic method in which the image and nonimag, areas are on the same geometric plane. A lithographic printinl operation includes, but is not limited to, a heatset web lithographii printing operation, a coldset web offset lithographic printinl operation, and a sheet-fed offset lithographic printing operation. "Maximumoperating level" means the highest achievable level o : fluid within a tank, as determined by the structural design of the tank. In the absence of tank specific design information, tht maximumoperating level is equal to tank capacity. "Mechanical shoe seal" means a metallic sheet (the shoe) that is held vertically against the vertical tank wall . The shoe is connected by braces to the floating roof and is held tightly against the wall by springs or weighted levers. A flexible coated fabric (envelope) is suspended fromthe shoe seal to the floating roof to forma vapor barrier over the annular space between the roof and the primary seal . "Mixing vessel" means, with respect to a surface coating operation or graphic arts operation, any equipment used to develop coatings containing VOCs that involves blending 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 ofany air contaminant not previously emitted. This termshall 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 ofcontaminant. "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. "Organic liquid" means any liquid that contains volatile organic compounds (VOCs) including, but not limited to, crude oils and _ petroleumdistillates

. "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. (CITE 40 N.J.R

. 4442) NEW JERSEY REGISTER, MONDAY, AUGUST 4, 2008PROPOSALS

"Pole sleeve" means a device that extends fromeither the cover or the rim of an opening in a floating roof deck to the outer surface of a pole that passes through the opening. "Pole wiper" means a seal that extends fromeither the cover or the rimof an opening in a floating roof deck to the outer surface of a pole that passes through the opening.

. "Pressure-vacuumvent" means a vent that is used to minimize tank emissions due to breathing effects. "Pressure vessel" means a tank, reservoir, or container that is capable of maintaining working pressures sufficient to prevent organic liquid loss or VOCloss to the atmosphere at all times. 1 . ."Primary seal" means a seal mounted belowa secondary seal of a rimseal systemthat consists oftwo seals. A primary seal, which is in contact with the floating roof tank shell, can be either mechanical shoe, resilient filled, or wiper type.

- . ."Resilient filled primary seal" means an envelope filled with resilient foam(non-metallic polyurethane) mounted at the rimof 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. "Rimmounted 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 fromthe primary seal fabric. "Rimseal 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 . "Rimvent" means a vent used on tanks equipped with a seal design, such as a mechanical shoe seal, that creates a vapor pocket in the seal and rimarea. The vent is used to release excess pressure or vacuumthat is present in the vapor space bounded by the primaryseal shoe, the floating roof rim, the primary seal fabric, and the liquid level . A rimvent usually consists of a weighted pallet that rests on a gasketed cover. "Roof drain" means a drain that permits the removal of rainwater fromthe surface of external floating roofs. A roof drain may be a closed drainage systemthat carries rainwater fromthe 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 bottomof the deck allowing rainwater to drain fromthe surface of the floating roofinto 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 fromabove by cables or hangers, and is no longer floating on the surface of-the stored liquid. "Roof leg" means an adjustable or fixed leg that is attached to the floating roof deck to support or hold the floating roof deck at a predetermined distance off the tank bottomto prevent damage to the fittings located underneath the deck and to allowfor tank cleaning or repair. For adjustable legs, the load-carrying element passes through a well or sleeve in the deck. "Roof opening" means any opening through a floating roof of a storage tank for any deck fitting. "Secondary seal" means a seal mounted above the primary seal of a rimseal systemthat consists of two seals. Secondary seals can be shoe mounted or rim-mounted. "Sheet-fed offset lithographic printing" means a lithographic printing process in which individual pages of paper are fed into the machine. ENVIRONMENTAL PROTECTION "Shoe mounted secondary seal" means a secondary seal mounted on the primary mechanical shoe. Shoe mounted secondary seals are effective at reducingvapor losses fromthe gaps between the shoe and the tank shell .

. ' ."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 fromall operations within the county; and 2. Does not engage in refining, transportation, or marketing of refined petroleumproducts. "Tank battery" means, for crude oil production facilities, an aggregation of two or more tanks where the tanks are located so that no one tank is more than 150 feet fromanother tank as measured 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 "TVF" 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

. "Vacuumbreaker" means a device used to equalize the pressure of the vapor space across the floating roof deck as the deck is either being landed on or floated off its legs. Avacuum 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. "Wash coat" means a coating containing binders that raise wood surfaces, prevent undesired staining, and control penetration. "Wiper primary seal" means a continuous annular blade of flexible material (for example, rubber, urethane, or foam filled) fastened to a mounting bracket on the deck perimeter that spans the annular rimspace and contacts the tank shell . A wiper seal system may consist of a single primary seal, or dual (multiple) seals where one seal is mounted above the other. ["Wash coat" means a coating containing binders that raise wood surfaces, prevent undesired staining, and control penetration.] "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 . 7:27-16.2 [Stationary] VOCstationary storage tanks (a) The provisions of this section shall apply to any stationary storage tank[s] 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 pen-nit the following: 1 . The storage of any applicable VOC in any stationary storage tank that has a maximumcapacity of 2,000 gallons (7,570 liters) or greater and is exposed to the rays of the sun unless: i . (Nochange.) NEW JERSEY REGISTER, MONDAY, AUGUST4, 2008 (CITE 40N.J.R . 4443)ENVIRONMENTAL PROTECTION ii . An equivalent method of emission control approved by the Department is used; [or] and 2. The storage of any applicable VOC in any stationary storage tank having a maximumcapacity of 10,000 gallons (37,850 liters) or greater unless, in addition to meeting the requirement in (b)1 above, such stationary storage tank is equipped with control apparatus as determined in accordance with the procedures for using Table 2A or as approved by the Department as being equally or more effective in preventing the emission of a VOC into the outdoor atmosphere.

Procedure for Using Table 2A (No change.) TABLE 2A (Nochange.) (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 [vapor-tight except when gauging or sampling is taking place] leak-free. (e) (No change.) (f) The following exemptions apply: [(f)] 1. The provisions of (b) above shall not apply to a stationary storage tank, ifthe tank is: [1 .] i. Maintained under a controlled elevated temperature; [or] [2.] ii. Equipped with a vapor control system reducing by at least 98 percent the weight ofVOC 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 fixed roof storage tank having a capacity of less than 40,000 gallons shall be exempt from(q) below . 3 . Any external floating roof tank in Range III that was in existence on (the day before the operative date of these amendments), and that is not degassed and emptied within 120 days after (the operative date of these amendments) shall be temporarily exempt fromcomplying with (1)Ii belowif the operator has demonstrated to the Department that in order to properly bolt the covers for access hatches and gauge float wells, a flange or other comparable device must be welded to the fitting. 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 (1)li below the first time the tank is degassed and emptied after 120 days after (the operative date of these amendments) . 4. Any external floating roof tank that contains more than 97 percent by volume crude oil shall be exempt from (1)2 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 belowwhile the roof is resting on its legs during the processes of draining, degassing or refilling the tank. 6. Any floating roof tank subject to a Federally enforceable condition limiting its annual roof landing VOCemissions to less than five tons as calculated by AP-42, Chapter 7, may be exeinpt from(p) below, at the owner or operator's discretion, provided that the owner or operator shall maintain the records of these calculations pursuant to (s) below and the tank's Operating Permit or Preconstruction Permit, as applicable. 7. Any external floating roof tank in Range III that is subject to (1)Ivi belowshall be exempt from(1)13 below

. 8. Any tank at (b) above is exempt fromthe leak-free condition at (d) above when gauging or sampling is taking place. In addition, a floating roof tank, is exempt fromthe leak-free condition at (d) above when the condition at (q)lvi belowis met during refilling. (g) [Any storage tank in Range III as determined from Table 2A, constructed or installed on or after December 17, 1979, shall be provided with a double seal floating roof or other control apparatus approved by (CITE 40N.J.R. 4444) PROPOSAL' . the Department as being equally or more effective in preventing thc emission ofany VOC into the outdoor atmosphere.] (Reserved) (h) No person shall cause, suffer, allow, or permit the storage of an) VOC in any stationary storage tank in Range III as determined b) Table 2 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 maximumcapacity of 20,000 gallons (75,700 liters) or greater is equipped with a double seal-envelope combination or equipment approved by the Department as being equally or more effective in preventing the emission of any VOC into the outdoor atmosphere. For the secondary seal, the gap area of gaps exceeding oneeighth inch (0.32 centimeters) in width between the seal and the tank wall shall not exceed 1 .0 square inch per foot (6.5 square centimeters per 0.3 meters) of tank diameter. Any secondary seal shall be intact, with no visible holes, tears or other openings. The requirements of this subsection shall remain in effect for any such tank until the rimseal systemrequirements at (1)3 belowbecome effective for that tank. (i) [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.] (Reserved) (j) (No change.) (k) [Any person responsible for the emission of any applicable VOC fromany storage tank pursuant to this section shall maintain, for each tank, records specifying each VOCstores and the vapor pressure of each VOCat standard conditions.] (Reserved) (1) No person shall cause, suffer, allow, or permit the storage of any VOCin 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) 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), or on initial fill if the tank is constructed on or after (the operative date of these amendments) : i. Equip each access hatch and gauge float well with a cover that is 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 rimvent. Rimvents shall be closed at all times, with no visible gaps, when the roof is floating; and shall be set to open only when the roof is being floated off the roof leg supports or when the pressure beneath the rimseal exceeds the manufacturer's recommended setting; v. Gasket each vacuumbreaker. Vacuumbreakers shall be closed at all times, with no visible gaps, when the roof is floating; and shall be set to open only when the roof is being floated off or is being landed on the roof leg supports; vi . Equip each 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 ifthe 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; NEW JERSEY REGISTER, MONDAY, AUGUST 4, 2008 iPROPOSALS

xi . Cover each slotted guidepole opening with a gasketed cover at all times, with novisible 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 orwhen the tank is empty; xiii . Except for vacuumbreakers and rimvents, ensure that each opening in the external floating roofshall provide a projection below the liquid surface; and xiv. Except for vacuumbreakers, rimvents, 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 (1)li, 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) if the tank was in existence on (the day before the operative date of these amendments), or on initial fill if the tank is constructed on or after (the operative date of these amendments), 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 tank in Range III shall equip the tank with a rimseal systemmeeting the following requirements prior to the initial fill ifthe tank was constructed on or after (the operative date of these amendments), or prior to the date the tank is refilled after being degassed for the first time after (the operative date of these amendments), but no later than May 1, 2020 if the tank was in existence on (the day before the operative date ofthese amendments) : 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-I/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) ; 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 maximumgap 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 availablq. 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 pern4its 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) belowthat do not exceed 72 hours, both the primary seal and the secondary seal shall cover the annular space ENVIRONMENTAL PROTECTION between the external floating roof and the wall of the storage tank in a continuous fashion, with no visible gaps. 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 ofthese amendments), but no later than May 1, 2020 if the tank was in existence on (the day before the operative date of these amendments), or on initial till if the tank is constructed on or after (the operative date of these amendments) . 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) shall, prior to the date the tank is refilled after being degassed the first time after (the operative date of these amendments), 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 liquid-mounted primary seal, or a primary and a secondary seal, meeting the requirements at (1)3 above, including compliance dates, except a mechanical shoe pl-imary seal required at (1)3v above shall have one end extend a minimumvertical distance of 15 centimeters (six inches) above the stored organic liquid surface and the other end extend into the liquid a minimumof 10 centimeters (four inches) ; and iii. Ensure that the concentration of gasoline 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), 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 rimseal systemconsisting of primary and secondary seals meeting the specifications and compliance dates listed at (1)3 above; and ii . Ensure that the concentration of gasoline 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 rooftank in Range III is refilled after being degassed for the first time after (the operative date of these amendments), but no later than May 1, 2020, if the tank was in existence on (the day before the operative date of these amendments), or on initial fill if the tank is constructed on or after (the operative date of these amendments) 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 (l)1 or 4 above; iv. Equip the tank with a rim seal systemconsisting of either a liquid-mounted primary seal, or a primary and a secondary seal meeting the specifications at (1)3i through x above, except a mechanical shoe primary seal required at (1)3v above shall have one end extend a minimum vertical distance of15 centimeters (six inches) above the stored organic liquid surface and the other end extend into the liquid a minimumof 10 centimeters (four inches) ; v. For an internal floating roof installed prior to June 1, 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 afterJune 1, 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 NEW JERSEY REGISTER, MONDAY, AUGUST 4, 2008 (CITE 40N.J .R . 4445)ENVIRONMENTAL PROTECTION

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 foamwipers with vapor curtain; or v. An alternative rim seal system, if it is demonstrated to the Department that the alternative rim seal system is better in performance than the rimseal systems at (1)9i through iv above and has a rimseal emission factor that is less than the rimseal systems at (I)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 rimseal systems at (1)l0i and ii above, and has a rimseal emission factor that is less than the rimseal systems at (1)10i and ii above. 11 . By (120 days after the operative date of these amendments) if a fixed-roof tank was in existence on (the day before the operative date of these amendments), or by the initial fill if a tank is constructed on or after (the operative date of these amendments), and if the fixed roof tank has a capacity of 40,000 gallons or greater storing any VOC with a vapor 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 leakfree 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 . No person shall cause, suffer, allow, or permit the storage of any VOC in any stationary storage tank in Range I or 11 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 one-eighth 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. No person shall cause, suffer, allow, or permit the storage of any VOC in any stationary storage tank equipped with an external floating roof unless all openings in such roof, excluding emergency roof drains, are covered when not in active use. The tank shall be exempt fromthis paragraph if the tank meets the exemptio'n 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: ' PROPOSALS 1. When the roof is resting on the leg supports or suspended by cables or hangers, the process offilling, emptying, or refilling shall be continuous and shall be accomplished as rapidly as possible; and 2. Any in-service roof landing shall be with the landed height of the floating roof at its minimumsetting. (o) When performing a 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), any in-service roof landing shall be with the landed height of the floating roof at its minimumsetting. (p) The owner or operator of any floating roof tank, not exempt pursuant to (f)6above, used tostore a VOCshall : 1. Submit a complete facility-wide tank VOC control plan to the Department for approval at the address listed at (v) belowas follows: i . For any floating roof tank not exempt pursuant to (f)6 above, and existing as of (the operative date of these amendments), submit to the Department in writing the complete facility-wide tank VOC control plan by (120 days after the operative date of these amendments) ; 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 ofthe newly constructed tank(s) ; 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 belowor (p)2i and iii below, as applicable: i . A list of each tank at the facility and the following for each tank: (1) The tank type; (2) The tank volume; (3) The tank diameter; (4) The tank contents; (5) The permit activity number ; (6) Any other identifying numbers; and (7) The Bureau of Release Prevention schedule for tank inspection; ii . A schedule to implement one or more of the following emission controls, which must be implemented by (10 years after the operative date of these amendments) . 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 bottomof the roof deck can be lowered to one foot or less fromthe top-most point of the surface of the tank floor; (2) A method that routes all vapors 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 roof landing VOC emissions, as calculated in accordance with Chapter 7.1 .3.2.2 "Roof Landings" of AP-42, as supplemented or amended and incorporated herein by reference, or as calculated using another method approved by the Department in accordance with (v) below, and after applying any applicable control efficiencies, is less than: (1) Five tons per tank per calendar year from2011 through 2013; (2) Four tons per tank per calendar year from2014 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. (CITE 40N

.J.R . 4446) NEW JERSEY REGISTER, MONDAY, AUGUST 4, 2008_ - .~,,- (q) Any part of a degassing and cleaning operation of a stationary t~~~; .';storage tank performed during the period May 1 through September -"30shall be performed only as follows. 

### C h The owner or operator shall degas a tank storing a VO w ~t a 5 t t ndard vapor pressure equal to or greater than 0. psia a s a conditions as follows: i. Empty the tank ofthe 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 '1 th control system rated at a minimum 95 percent efficiency UM .~ e 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 systemrated 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 ater, or produced water derived fromcrude on having a TVP less than 0.5 psia; or (3) If the tank is a free-water knockout tank, a person may degas the tank vapor space by restricting the outflowof water and floating off the oilpad, such that at least 90 percent 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; 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) Asolvent with a vapor pressure less than 0.5 psia; (4) Asolvent with 50 grams per liter VOCcontent or less; or (5) Some other Department-approved cleaning agent; or ii . Steamcleaning is performed. 3. The owner or operator shall control emissions fromthe sludge removed froma tank that stores a VOCwith a vapor pressure equal to or greater than 1 .5 psia at standard conditions by: i. During sludge removal, controlling emissions fromthe 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; and iii. Storing removed sludge, until final disposal, in leak-free containers, or in tanks that comply with (b) above. (r) The owner or operator of a VOCstationary storage tank 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 11, incorporated herein by reference, in accordance with the rule's requirements. If an inspection is stopped before completion, indicate the reason for this action in section J "Comments" ofthe Inspection Form ; 2. During the inspection, the authorized inspector performing the inspection must have a copy of the 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 ENVIRONMENTAL PROTECTION actual operating conditions of the tank, as verified during an inspection, in sectionJ "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 Format N.J.A.C. 7:27-16Appendix Il ; 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 vacuumbreakers. Indicate presence ofany tears in the fabric of both seals. Record the findings under section F ofthe Inspection Form ; ii. Annually, inspecting the deck fittings for visible gaps using the 1/8 inch probes, or inspecting the deck fittings for a leak-free condition using EPA Method 21 set forth at 40 CFR Part 60 Appendix A, as supplemented or amended and incorporated herein by reference or, instead of EPA Method 21, using another method approved by the Department . Record any leaks above 500 ppmin the Fugitive Emissions Form ; iii . Annually, inspecting the entire secondary seal for the gap requirements at (1)3iv above using the 1/8 inch and 1/2 inch 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 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 ofthe Inspection Form ; 6. For a domed external floating roof tank in Range III existing as of the operative date of these newrules, demonstrate compliance with (1)5above, by: i. Annually, using an explosimeter, by measuring the concentration of 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

; and iii. Each time the tank is degassed, but no less than once every 10 years, by performing the requirements at (r)Sii (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)6above; 8 . For an internal floating roof tank in Range III, demonstrate compliance with (1) above, by performing the requirements at (r)6 above; 9. For a fixed roof tank that is subject to (I)11 above, annually demonstrate compliance with (t)11 above by inspecting the fittings located on the roof, piping, pressure reliefvalves and all other valves, to ensure they are leak-free using EPA Method 21 set forth at 40 CFR Part 60Appendix A incorporated herein by reference, or using another method approved by the Department . Record any readings in excess of 500 ppmin the Fugitive Emissions Form ; 10. The owner or operator of any VOC stationary storage tank 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

NEW JERSEY REGISTER, MONDAY, AUGUST 4, 2008 (CITE 40 N.J.R. 4447)ENVIRONMENTAL PROTECTION

11 . The owner or operator of a VOCstationary storage tank shall performthe repair or replacement at (r)10 above: i. Ifthe 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. (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 VOCstored and the vapor pressure of each VOCat standard conditions; 2 . For the owner or operator of a floating roof tank, records of the rooflanding 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 VOCcontrol 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 not limited to, tank contents before landing and after refilling; landed height of the floating roof; height of any liquid remaining in the bottom of the 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 of vapor control devices described at (t) below

; 5. For the lifetime ofthe tank, all inspection reports; 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 that N .J.A.C. 7:1E-4.2(c)Iv requires to be included in the "Discharge, Prevention, Containment and Countermeasure Plan." (t) On and after (the operative date of these amendments), 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, 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 fromthe tank or the oxidizer ; 2. For a vapor control systemthat uses carbon or other adsorptive material, the owner or operator shall record the following on a continuous basis or at a frequency approved in writing by the Department: i . The concentration of the total applicable VOCs in the flue gas emitted to the outdoor atmosphere; or ii . Provided that the owner or operator confirms daily that the automatic switching <between carbon beds is functioning in accordance with permit conditions, the date of carbon bed replacement ; and upon request of the Department, any other operating parameter relevant to the prevention or control of air contaminant emissions fromthe tank or the adsorber ; and 3. For any other vapor control device, upon request 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 reoccurrence 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 ?s part- of the periodic compliance reports required at N

.J.A.C . 7:27-22 .19(d) and (f) . If the facility does not PROPOSALS 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 . Adescription 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 ofAir Quality New Jersey Department ofEnvironmental Protection 401 East State Street 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 performthe following tests: l . The owner or operator shall demonstrate the facility's vapor control systemis performing properly, as follows: i. (Nochange.) 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 httn ://www .arb.ca.gov/vapor or obtained from the Department at the following address: New Jersey Department of Environmental Protection Bureau of Technical Services POBox 437 [380 Scotch Road] [West] Trenton, NJ [08525-0437] 08625-0437 iii. A vapor control system shall be deemed to have passed a test conducted pursuant to (i)li 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://wwv.arb .ca.gov vapor or obtaiged fromthe Department at the following address : New Jersey Department of Environmental Protection Bureau ofTechnical Services POBox 437 [380 Scotch Road] [West] Trenton, NJ [08525-0437] 08625-0437 iv.-v. (No change.) 2.-3. (No change.) Table 3A (Nochange.) (j)-(s) (Nochange.) 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), [and] (j) and (r)1 belowshall 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 ofany automobile or light duty truck surface coating operation may, as an alternative to complying, pursuant to (c) above, with the content limits set forth in Table 7A, comply with the provisions of Table 7C pertaining to spray prime and spray topcoat surface coating formulations, provided that the transfer efficiency of the (CITE 40 N.J .R

. 4448) NEW JERSEY REGISTER, MONDAY, AUGUST 4, 2008PROPOSALS

spray coating operation is determined in accordance with a method approved by the Department and the EPA. TABLE 7A (Nochange.) TABLE 7B MISCELLANEOUS SURFACE COATINGOPERATIONS CONTROL CRITERIAAND COMPLIANCE DATES

MaximumAllowable VOC Content per Volume of Coating (minus water) Final Pounds per Kilogramper Compliance Tvve 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) 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 date of these and Printed amendments) Hardwood 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 r ENVIRONMENTAL PROTECTION Part A (No change.) Part B CONTROL CRITERIA FOR [GRAPHIC ARTS] ROTOGRAVURE, SHEET-FED GRAVURE, ANDFLEXOGRAPHIC SOURCE OPERATIONS [EXCEPT SCREENPRINTINGOPERATIONS]

Basis Control Criteria of a Source

Operation Constructed Prior to (the operative date of these amendments) : Surface coating formulationsZ Maximum [Allowable] that contain water [(except allowable volume percent VOC fountain solutions)] : in volatile fraction of surface coating formulations [or fountain solutions] (VOCplus water) as

applied. 25.0 [%] percent [Basis] [Control criteria] Surface coating formulationsZ Maximum [Allowable] that do not contain water. allowable VOC [Content]

Part C 2.9 0 .35 [Fountain solutions:] [5.0%, ifthe temperature ofthe fountain solution is 55°F or less;

or 3.0%, ifthe temperature ofthe fountain solution is higher than

55°F] Basis Control Criteria of a Source Operation Constructed or Modified on or after (the operative date of these amendments) : Surface coating formulations' Maximumallowable VOC content of surface coating formulation (minus water) : content per volume of surface coating formulation (minus

water) Pounds per Kilograms Gallon [Per] per Liter

0.8 pounds VOC/pound solid

applied or 0.16 pounds VOC/pound materials applied (No change.) Part D CONTROL CRITERIA FORFABRICPRINTING SOURCE OPERATIONS Basis Control Criteria Surface coating formulationsZ Maximumallowable volume that contain water: percent VOC in volatile fraction of surface coating formulations (VOC plus water)

as applied. NEW JERSEY REGISTER, MONDAY, AUGUST 4, 2008 (CITE 40 N.J.R . 4449)ENVIRONMENTAL PROTECTION 25.0 percent

Surface coating formulationsZ Maximumallowable VOC that do not contain water: content per volume ofsurface coating formulation (minus

water) . Pounds per Kilograms Gallon per Liter 2.9 0.35 1 Control apparatus serving certain graphic arts operations of this type which were constructed prior to July 26, 1994 may have compliance dates on or afterJuly 26, 1994, pursuant to the provisions of (p) below . 2 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) (Nochange.) (h) [Except as provided in (p) below, the] 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 7D, pursuant to (c)l above[, install and use control apparatus which] : 1. [Collects] 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 [from a rotogravure or gravure printing operation (sheet fed)], including associated dryers, and prevents frombeing discharged i,rnto 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 .-(No change.) 2. [Collects] 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 [froma flexographic printing operation], including fromassociated 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 systemor any other control device is used to control emissions[;] . 3. For any rotogravure, sheet-fed gravure, or flexographic printing operation installed or modified on or after May 1, 2010, neither (h)1 nor 2 above shall apply; the operation shall install and use control apparatus that collects at least 85 percent by volume of the source gas emitted from the operation, including associated dryers, and prevents from being discharged into the outdoor atmosphere: i . At least 95 percent by volume of the VOCcollected on an hourly basis if a thermal oxidizer is used to control emissions; oC 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. Collects] 4

. For any fabric printing operation, install and use control apparatus that collects at least 70 percent by volume of the source gas emitted [from a fabric printing operation], including from associated dryers, and prevents frombeing 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 [(r)] (p) below ; or ii . At least 90 percent by volume of the VOC collected on an hourly basis if a carbon adsorption systemor any other control device is used to control emissions[; or] . PROPOSALS [4. Collects] 5

. For any screen printing operation, install and use control apparatus that collects at least 70 percent by volume of the source gas emitted [froma screen printing operation] and prevents from being discharged into the outdoor atmosphere: i .-ii . (Nochange.) (i)-(o) (No change.) (p) Notwithstanding the provisions of (h)[1, 2, or 3]4 above, the owner or operator of any [rotogravure printing operation, gravure (sheet-fed) printing operation, flexographic printing operation, or] 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 of 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)[1, 2, or 3]4above. (q) (Nochange.) (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 VOCemissions from the dryer; or ii . Achieve less than 20 parts per million by volume as equivalent hexane emitted fromthe dryer on a dry basis prior to any dilution of the gas stream

with ambient air after the gas streamexits the dryer. 2. On and after (the operative date of these amendments), any cleaning material used on any lithographic or letterpress printing press shall : i. Have a composite VOCvapor pressure less than 10 mm Hg at 20 degrees Celsius; or ii. Have a VOCcontent of less than 70 percent by weight . 3. On and after (the operative date of these amendments), no greater than a total of 110 gallons per calendar year of cleaning materials that do not meet one ofthe requirements at (r)2 above may be used to clean a lithographic or letterpress printing press. 4. On and after (the operative date of these amendments), 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. (s) On and after (the operative date of these amendments), 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 VOCcontent of 1 .6 percent by weight or less; or ii . A VOCcontent of 3.0 percent by weight or less if the fountain solution is refrigerated to below60 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 reservoir of less than one gallon. i. A VOCcontent 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 below60 degrees Fahrenheit . (t) On or after (the operative date of these amendments), 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 VOCshall be stored in sealed containers; (CITE 40 N.J .R

. 4450) NEW JERSEY REGISTER, MONDAY, AUGUST 4, 2008ENVIRONMENTAL PROTECTION

2 . All coatings, thinners, and cleaning materials containing any VOCshall be conveyed in sealed containers or pipes; 3. Each mixing vessel containing any VOCcoating and any other material shall have a cover wfiich is sealed except when adding to, removing from, or mixing in the vessel ; 4. All used shop towels containing any VOCshall be kept in sealed containers; and 5 . Record and maintain on-site, logs of the implementation of the best management practices required at (t)1 through 4 above, pursuant to N.J.A

.C . 7:27-16.22. 7:27-16.11 Asphalt pavement production plants (a)-(b) (Nochange.) (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 compliancewith 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) (Nochange.) 7:27-16.16 Other source operations (a) The provisions ofthis 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 VOCfacility are regulated by N.J .A.C. 7:27-16.17.) : l .-9. (No change.) 10. Asphalt pavement production plants; 11 .-19. (No change.) (b)-(g) (No change.) 7:27-16.17 [Facility-specific] Alternative VOCcontrol requirements (a) This section establishes procedures and standards for the establishment ofVOC control requirements for any source operation that: 1. (No change.) 2. [If the owner or operator of a source operation] 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 whichwould otherwise apply under this subchapter[ .] ; or 3. Was issued an alternative VOC control plan prior to (the operative date of these amendments)

. (b) (No change.) (c) [A] The following requirements shall apply to an owner or operator seeking approval ofan alternative VOC control plan [pursuant to (a)2above] : , 1. The owner or operator shall submit to the Department a4 the address listed in (s) below a proposed alternative VOC control plan prepared in accordance with (d) below . Submission of a proposed alternative VOCcontrol plan does not relieve an owner or operator of any facility, equipment or source operation from complying [by May 31, 1995 for source operations first regulated under this subchapter as amended operative July 26, 1994 or] by the compliance dates in other sections of this subchapter. Ifand when the Department approves [the] an alternative VOCcontrol plan, the owner or operator shall be subject to the conditions and requirements of the plan and of the Department's approval[ .] ; 2. Any alternative VOC control plan approved by the Department after (the operative date of these amendments) shall have a termof 10 years; 3. Any owner or operator that has an alternative VOC control plan approved prior to (the operative date of these amendments) 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)

. The 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) 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 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), the owner or operator's existing VOC control plan shall terminate on (90 days after the operative date ofthese amendments) ; 4 . If the owner or operator of a facility has an approved alternative VOCcontrol plan for a source operation that was issued after (the operative date of these amendments), intends to modify 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. If the owner or operator plans to continue operating under an alternative VOCcontrol plan, the owner or operator shall apply, and obtain approval of, a new alternative VOC control plan; and 5 . If the owner or operator of a facility that has an approved alternative VOCcontrol plan for a source operation that was issued after (the operative date of these amendments), intends to continue operating under a VOCemission 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 newplan, whichever is later. (d) An owner or operator submitting a proposed alternative VOC control plan pursuant to (b)liii or (c) above shall include the following information in the plan: 1 . (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 . (Nochange.) 3.-4. (No change.) (e)-(g) (Nochange.) (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 [request for approval of the] submission and pursue its other remedies. (i) (No change.) (j) Within six months after receiving a complete proposed alternative 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 shall approve the proposed plan [or request] only if it satisfies the following requirements: 1. The proposed plan [or request] contains all of the information required under (d) above; 2 .-6. (Nochange.) (k)-(p) (No change.) (q) After receipt of a written request froman owner or operator, the Department may authorize a 60-day extension of the deadline set forth in (b)1 above[, provided that such a request shall include a statement, certified in accordance with N .J .A.C. 7:27-1 .39, that notwithstanding the request for extension, the facility will comply with all applicable emission limits set forth in this section by the May 31, 1995 deadline established in (b)2 above] . Such extension may be renewed by the Department upon the written request of the owner or operator [provided that the request for renewal shall also include a statement, certified in accordance with N.J .A

.C. 7:27-1 .39, that notwithstanding the request for an extension, that the facility will comply with all applicable emission NEW JERSEY REGISTER, MONDAY, AUGUST 4, 2008 (CITE 40 N .J.R . 4451)ENVIRONMENTAL PROTECTION

limits set forth in this section by the May 31, 1995 deadline established in (b)2 above] . 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 [submitted] shall be submitted to the address listed below

: [Assistant Director, Air and Environmental Quality Enforcement Division of Enforcement Field Operations] Administrator Air Compliance and Enforcement Department of Environmental Protection POBox 422 401 East State Street, 4th floor Trenton, New

Jersey 08625-0422 (r)-(t) (Nochange.) 7:27-16.19 Application ofcutback and emulsified asphalts [(a) No person shall cause, suffer, allow, or permit the use of cutback asphalt or emulsified asphalt containing any VOC unless: 1. The material is applied during the periods of January 1 through April 15 or October 15 through December 31 ; 2. The use is solely as a penetrating prime coat ; 3. The emulsified asphalt contains no greater than eight percent VOC by volume and is used for mixed-in-place construction; 4. The material is a cold-mix, stockpile material used for pavement repair; or 5. The user can demonstrate that there are no emissions of VOC from the asphalt under conditions ofnormal use.] (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 ASTMMethod D244, Standard Test Methods and Practices for Emulsified Asphalts, or AASHTO T 59, Standard Method of Test for Testing Emulsified Asphalts, both as supplemented or amended and incorporated herein by reference. ASTMMethod D244 is available from the American Society for Testing and Materials (ASTM), 100 Barr Harbor Drive, Post Office Box C700, West Conshohocken, Pennsylvania 19428-2959, or fromits website www

.astm .org. 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, DC20001, or fromits 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 scaled container . 7:27-16.22 Emission information, [record keeping] recordkeeping and

testing (a) (Nochange.) ~ . (b) Any person who owns or operates a source operationFsubject 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[(k)](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 person demonstrates to the satisfaction of the Department and EPA that the alternate records to be maintained are at least as qffective in documenting that the source operation is operating in compliance with the applicable requirements. (c)-(g) (No change.) (h) [Any record keeping requirement set forth at N.J .A.C. 7:27- 16.2(k), 16.3(s), 16.7(m), 16.7(n), 16.16(g), or 16.20(g), shall become effective on October 1, 1992, except for record keeping based on continuous emission monitoring . Any record keeping requirement based on continuous emission monitoring shall become effective on April 1, 1993.] (Reserved) PROPOSALS (i) Any person who reports information to the Department pursuant to the requirements set forth at N .J .A.C. 7 :27-16.2[(k)](s), 16.3(s), 16.7(m) and (n), 16.16(g), or 16.20(g) may assert a confidentiality claimfor that information in accordance with the procedures set forth at N.J .A.C. 7:27- 1 .6through 1 .30. 7:27-16.27 Exceptions (a) (Nochange.) (b) The provisions of this subchapter shall not apply to the emissions of VOC from

the following source operations: [l . Offset lithography printing operations until November 15, 1994; 2. Surface coating ofplastic parts until November 15, 1994;] [3.] 1. Natural gas pipelines that are not major VOCfacilities, with the exception of blowdown events as set forth in N.J .A.C . 7:27-16.21 ; and [4. Industrial wastewater treatment systems until November 15, 1994; 5. All other wastewater treatment facilities until November 15, 1994; and] [6.] 2. Open burning. APPENDIXII

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 - 1/8inch, 1/2 inch, 1-1/2 inch) ; flashlight . Inspection Procedures (N .J.A.C. 7:27-16.2(r)) : A. Any inspection shall be performed by an authorized inspector . B. The findings of any tank inspection, whether completed or not, shall be recorded on the Inspection Format N.J .A.C . 7:27-16, Appendix II, prescribed by the Department in accordance with the rule's requirements. 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 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 rooftanks: 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 ppmin 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

. (CITE 40 N.J.R

. 4452) NEW JERSEY REGISTER, MONDAY, AUGUST 4, 20086. 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

. 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 sectionJ "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 roofin terms of lower explosive limit (LEL), and record the reading in section E of the Inspection Form

.

t F

L ENVIRONMENTAL PROTECTION 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 rimseal systemeach time the tank is emptied and degassed but no less than once every 10 years. G . For fixed rooftanks: 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 .

NEW JERSEY REGISTER, MONDAY, AUGUST 4, 2008 (CITE 40 N .J.R . 4453)ENVIRONMENTAL PROTECTION PROPOSALS ~ 

### INSPECTION FORM * *PLEASE COMPLETE FORM LEGIBLYINBLACKINK** ProgramInterest No. Permit Activity No. Tank ID No. E Inspection Date Time Is this a Follow-up Inspection? No 0 Yes 0 Ifyes, Date of Previous Inspection A. COMPANY INFORMATION: Company Name Location Address City Zip Mailing Address City Zip Contact Person Title Phone ` B . INSPECTION CONDUCTED BY: Name Title Company Name Phone Mailing Address City Zip C . TANK INFORMATION : Capacity (gals) Installation Date Tank Diameter (ft) Tank Height (ft) Product Type Product Vapor Pressure (psia) Type of Tank: Riveted 0 Welded 0 Other El (describe) Color ofShell Color of Roof RoofType: Pontoon El Double Deck 0 Other 11 (describe)

External floating roof 11 Internal floating roofor domed tank El D . GROUND LEVEL INSPECTION : 1) Product Temperature ° F 2) Product level (ft) 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.

(CITE 40 N.J .R

. 4454) NEW JERSEY REGISTER, MONDAY, AUGUST 4, 2008ENVIRONMENTAL PROTECTION 

### ~)js tank in compliance with Permit conditions? No 0 Yes 0 If no, explain

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

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

. 4. Record dimensions of gap for gaps > 1/8" > 1/2" NOTE: Recordthe actual width and cumulative length ofgaps infeet and inches. t A 

### (Do not includegaps > 1/2" in 1/8" measurements) 5) Primary Seal Inspection a) Type of Primary Seal : 0 Shoe; DTube; El Other b) Shoe seal : Does 1-1/2" probe drop past seal? No 0 Yes 0 If yes, measure length(s) and showon diagram . c) Shoe seal : Does 1/2" probe drop past seal? No 0 Yes 0 If yes, measure length(s) and showon diagram . d) Tube seal : Does 1/2" probe drop past seal? No 0 Yes 0Ifyes, measure length(s) and show on diagram

.ENVIRONMENTAL PROTECTION PROPOSALS



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

defects using symbols . Show seal gaps and lengths



## N Le2end Equipment AD Antirotational device GW Gaugewell

Leg stand RD Roofdrain * Emergency roof drain

Vacuumbreaker " Vent PL Platform & ladder Defects LT Leg top -N- 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 (fromF(4)(d), F(5)(b), and F(5)(f)) . Record in feet and inches. Gaps in primary seal between 1/8 and 1/2 inch: (CITE 40N

.J .R . 4456) NEW JERSEY REGISTER, MONDAY, AUGUST 4, 2008ENVIRONMENTAL PROTECTION 

### ~~s in primary seal between 1/2 and 1-1/2 inch: G_#ps in primary seal greater than 1-1/2 inches:

~-.---- aps in secondary seal between 1/8 and 1/2 inch: -0 aps in secondary seal greater than 1/2 inch: ,1Vlultiply diameter (ft) of tank to determine appropriate gap limits: percent circumference = diameter X0.157 = 60percent circ. = diam . X 1 .88= 49-percent circumference = diameter X0 .314 = 90 percent circ. = diam . X 2.83 = :30-percent circumference = diameter X0.942 = 95 percent circ. = diam . X2.98= ~$$ ; DETERMINE COMPLIANCE STATUS OF TANK: l) Were any openings found on the roof? . No 0 Yes El Were any tears in the seals found? No El Yes 0 Is the product level lower than the level at which the roofwould be floating? No 0 Yes 0 Secondary Seal : Did 1/2" probe drop between shell and seal? No 0 Yes 0 Did cumulative 1/8"- 1/2" gap exceed 95 percent circumference length? No 0 Yes El 5) Primary Seal : Shoe: Did 1-1/2" probe drop between shell and seal? No 0 Yes 0 Did cumulative 1/2" - 1-1/2" gap exceed 30 percent circumference length, and did cumulative 1/8 - 1/2" gap exceed 60percent circumference length? No 0 Yes El . Did any single continuous 1/8" - 1-1/2" gap exceed 10 percent circumference. length? No 0 Yes 0 Tube: Did 1/2" probe drop between shell and seal? ~ No El Yes El Did cumulative 1/8'°- 1/2" gap exceed 95 percent circumference length? No El Yes 0 6) Internal floating roof (installed before 6/1/84) : Did percent LEL exceed 50percent? ~ No 0 Yes El (installed after 6/1/84) or domed tank: Did percent LEL exceed 30 percent? No 0 Yes 0 7) Does tank have permit conditions? No El Yes 0 Does tankcomply with these conditions? No 0 Yes 0 NEW JERSEY REGISTER, MONDAY, AUGUST 4, 2008 (CITE 40 N.J.R . 4457)ENVIRONMENTAL PROTECTION PROPOSAL!



### I . IF THE INSPECTION WAS TERMINATED PRIOR TOCOMPLETION FOR ANY REASON, PLEASI EXPLAIN

:

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

(Signature) (API Certification Number)

, Compliance status determined by: Date: (CITE 40 N

.J.R . 4458) NEW JERSEY REGISTER, MONDAY,AUGUST 4, 2008

### (Signature) ENVIRONMENTAL PROTECTION



### -44fy under penalty of law that I have personally examined and amfamiliar with the information U*ce - :,+ ;uli~cn~ed in this document and all attached documents and, based on my inquiry of those individuals Iimediately responsible 'for obtaining the information, I believe that the submitted information is true, : .A] d I enalties includin the iccurate and complete. I am aware that there are sigmficant civ~ an crimma p , g : . iossibility offine or imprisonment or both, for submitting false, inaccurate or incomplete information." gsponsible Official : (Signature) Date:

N .J .A.C. 7 :27-16.2(s) requires all inspection reports to be maintained on-site for the lifetime of the tank.

NEW JERSEY REGISTER, MONDAY, AUGUST 4, 2008 (CITE 40 N.J .R . 4454)ENVIRONMENTAL PROTECTION FUGITIVE EMISSIONS FORM

k-ompany information ProgramInterest No

. Company Name Address Contact/Phone Number Permit Activity Number Report Date Tank ID Type Fitting Date Leak Rate Type ofRepair

, Date Post-Repair Leak Rate

}

NA-A.C7" 77-t67r .) r ii o..t; ., .. ,. . .t.. ~.. ~ ._ ----- qu~res a msp p imed on-site for the lifetime of the tank. (CITE 40 N

.J .R . 4460) NEW JERSEY REGISTER, MONDAY, AUGUST 4, 2008SUBCHAPTER 19. CONTROL AND PROHIBITION OF AIR POLLUTION-FROM

OXIDES OF NITROGEN 27-19.1 Definitions ` " The following words and terms, when used in this subehapter, shall jive 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 _4F _- 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 froma biomass facility that cultivates and harvests the biomass in a sustainable manner. : :"Class 11 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 ofNO, per megawatt hour; 2. 0.25 pounds of COper megawatt hour; 3. 0.10 pounds of PM

per megawatt hour ; and 4 . 0.01 pounds of SOZ per megawatt hour. ["CFR" means the United States Code of Federal Regulations. "Clean Air Act" or "CAA" means the Federal Clean Air Act, 42 U.S.C. §§7401 et seq., as amended and supplemented.] "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 capable of combusting more than one type ofcommercial 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 programthat 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 1 that are combined into yarn 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. ENVIRONMENTAL PROTECTION

"Glass removed" means the amounf 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 viscosity greater than 45at 100 degrees Fahrenheit. "High electric demand day" or "HEDD" means the day following a day in which the next day forecast load is estimated to have a peak value of 52,000 megawatts or higher as predicted by the PJM Interconnection 0815 update to its Mid Atlantic Region Hour Ending Integrated Forecast Load, available from PJMInterconnection at htta:/loasis.aim

.com/doc/nroiload.txt. "High electric demand day unit" or "IIEDD unit" means an electrical generating unit, capable of generating 15 megawatts or more, that operated less than or equal to an average of 50 percent of the time during the immediately preceding three ozone seasons. "Interimperiod" means the period of time beginning on May 31, 1995, and ending when phased compliance under N.J.A.C . 7:27-19.21[, 19.221 or 19.23 [(as applicable)] is to be completed, or the period of time for phased compliance under N.J.A.C . 7:27-19.22 as indicated by 2 below, as applicable. l . (No change.) 2. For purposes of phased compliance for reasons of practicability pursuant to N

.J .A .C. 7 :27-19.22, the interim period begins on (the operative date of these amendments) and ends on the date when [a combustion source] an owner or operator is to attain full compliance with this subchapter, but no later than 12 months after (the operative date ofthese amendments) . 3. (No change.) "MWh" means megawatt-bour. "Non-high electric demand day unit" or "non-HEDD unit" means an electrical generating unit that is not an HEDDunit. "No. 2 and lighter fuel oil" means any fuel oil with an SSU viscosity less than or equal to 45at 100degrees 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) . "Pounds/MWh" means NO, emissions in pounds per megawatthour of total net energy output, where total net energy output consists ofelectric output plus useful heat output . "Pressed glass" means glassware formed by placing a blob of molten glass in a metal mold, then pressing it with a metal plunger or follower to formthe inside shape. The resultant piece, termed moldpressed, has an interior formindependent of the exterior, in contrast to mold-blown glass, in which the interior corresponds to the outer form . "Renewable energy" means class I renewable energy or class II renewable energy. "Shed load" means the systematic reduction through prior arrangement of systemdemand by temporarily decreasing load in response to transmission systemor area capacity shortages, system instability, or voltage control considerations

. "Shift load" means the systematic reduction of systemdemand by temporarily decreasing load in response to transmission systemor area capacity shortages, system instability, or voltage control considerations, through prior arrangement programs designed to encourage consumers to move their use of electricity fromon-peak time to off-peak times.

NEW JERSEY REGISTER, MONDAY, AUGUST 4, 2008 (CITE 40 N.J.R . 4461)ENVIRONMENTAL PROTECTION

"SSU viscosity" means the number of seconds it takes 60 cubic centimeters of an oil toflow through the standard orifice of a Saybolt Universal viscometer at 100 degrees Fahrenheit.

. . ."Used oil" means any oil that has been refined fromcrude oil, or any synthetic oil, that has been used and as a result of such use, is contaminated by physical or chemical impurities, or unused oil that is contaminated by physical or chemical impurities through storage or handling. "Viscosity" means the measure of a fluid's resistance to flow . 7:27-19.2 Purpose, scope and applicability (a) (No change.) (b) The following types of equipment and source operations are subject to the provisions of this subchapter: 1 .-4. (No change.) 5. Any rotary dryer located at an asphalt pavement production plant; 6.-7 . (No change.) 8. Any glass manufacturing furnace producing borosilicate recipe glass, and having a maximumpotential production rate of at least five tons of glass removed from the furnace per day, and having the potential to emit more than 10 tons ofNO, per year ; [and] 9. Any glass manufacturing furnace producing blown glass, fiberglass, flat glass, or pressed glass having the potential to emit more than 10 tons of NO . per year; 10. Any municipal solid waste incinerator; 11 . Any sewage sludge incinerator; and [9.] 12. Any other equipment or source operation not specifically listed at (b)1 through [8] 11 above or (c) belowthat has the potential to emit more than 10tons ofNO,, per year. (c)-(f) (No change.) 7 :27-19 .3 General provisions (a)-(d) (Nochange.) (e) After receipt of a written request froman owner or operator for an extension of the deadline set forth in (d) above [or the deadline set forth at N .J .A.C. 7:27-19

.13(b), the Department may authorize a 60-day renewable extension, provided that the request includes a statement, certified in accordance with N .J .A .C. 7 :27-1 .39, that notwithstanding the request for an extension, the facility will comply with all applicable emission limits set forth in this subchapter by the May 31, 1995 deadline established in (b) above. Such extension may be renewed by the Department upon the written request of the owner or operator . provided that the request of the renewal shall also include a statement, certified in accordance with N.J .A .C. 7:27-1 .39, that notwithstanding the request for an extension, the facility will comply with all applicable emission limits set forth in this subchapter by the May 31, 1995 deadline established in (b) above] or after receipt of a written request froman 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 non-renewable deadline extension. Written requests for the extension of a deadline submitted pursuant to this subsection shall be addressed to: [Assistant Director, Air and Environmental Quality Enforcement Division OfEnforcement Field Operations] Administrator * Air Compliance and Enforcement Department of Environmental Protection POBox 422 401 East State Street, 4th Floor Trenton, New

Jersey 08625-0422 (f) In lieu of complying with the applicable emission limits set forth at N.J .A.C. 7:27-19.4, 19.5, 19.7, 19.8, 19.9 [or], 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 HEDDunit shall not use the alternatives in this subsection to comply with any applicable maximumallowable emission rate at N.J .A.C. 7 :27-i9.4 or 19.5. PROPOSALS 1 .-4. (No change.) (g) On and after April 25, 2004, no owner or operator of a source operation subject to a N0, emissions limit under this subchapter may comply with the limit through the use of discrete emission reduction (DER) credits. Any former DER credit user who used DER credits to comply with a NO, emissions limit under this subchapter, and who would continue to require the use of DERcredits to comply with that limit, shall achieve compliance with that limit by April 25, 2005 and maintain compliance with that limit thereafter. In the case of a former DER credit user, only, deadlines related to the NO, emissions limit compliance deadline that are set forth elsewhere in this subchapter are modified as follows: 1 .-2 . (Nochange.) 3. The proposed NO

., control plan submission deadline established at (d)2above [and N

.J .A .C. 7:27-19.13(b)] is July 25, 2004; 4 .-13. (Nochange.) (h)-(j) (Nochange.) 7:27-19.4 Boilers serving electric generating units (a) The owner or operator of any boiler serving an electric generating unit shall cause it to emit NO, at a rate no greater than the applicable maximumallowable NO, emission rate specified in Tables 1, 2 and 3 below, as applicable, unless the owner or operator is complying with N.J .A.C. 7:27-19

.3(f) or unless otherwise specified in an enforceable agreement with the Department . Table 1 is operative through December 14, 2012. Table 2 is operative starting December 15, 2012 through April 30, 2015. Table 3 is operative on and after May 1, 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. TABLE 1 (Operative through December 14, 2012) Maximum

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

Firing Method Fuel/Boiler Type Tangential Face Cyclone Coal -Wet 1 .0 1 .0 0.60 Bottom Coal - Dry 0.38 0.45 0.55 Bottom Oil and/or Gas 0.20 0.28 0.43 Gas Only 0.20 0.20 0.43 TABLE 2 (Operative fromDecember 15, 2012 throughApril 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 2.00 2.80 4.30 Gas Gas only 2.00 2.00 4.30 (CITE 40 N.J.R. 4462) NEW JERSEY REGISTER, MONDAY, AUGUST 4, 2008TABLE 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 . 2and 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 maximumallowable 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 shall demonstrate compliance with the maximum allowable NO, emission rate in Table 2 either byJune 15, 2013 or, if the boiler 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; and 2. Using the methods at N.J.A.C. 7:27-19 .15(a), any boiler that combusts any fuel other than coal shall demonstrate compliance with the applicable maximumallowable NO . emission rate in Table 3 by November 1, 2015 or, if the boiler is altered to meet the applicable Table 3 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. (e) 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. (f) Each owner or operator of a boiler serving an electric generating unit that is a HEDDunit shall submit to the Department a 2015 HEDD Emission Limit Achievement Plan and annual progress updates 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. [(a)] l . Until March 7, 2007, the owner or operator of any stationary simple cycle combustion turbine that has a maximumgross 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 maximumallowable NO, ; emission rate specified in Table [2] 4 below, unless the owner or operator is complying with N .J .A.C. 7:27-19.3(fJ. [On and after March 7, 2007, the rates in Table 2shall apply only to a,NO, budget source.] 2. March 7, 2007 through (the operative date of these amendments), the owner or operator ofany 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) through April 30, 2015, the owner or operator ofany simple cycle combustion turbine that is a HEDD unit shall cause it to emit NO, at a rate no greater than the lesser of the applicable maximumallowable NO . emission rate specified in Table 4 below, or the maximumallowable 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) . ENVIRONMENTAL PROTECTION TABLE [2] 41 MaximumAllowable NO, ; Emission Rate for Simple Cycle Combustion Turbines (Pounds per million BTU) Fuel Used Maximum Allowable NO . Emission [Limit]Rate Oil 0.4 Gas 0 .2 ' Through March 6, 2007, Table 4 applies to any stationary simple cycle combustion turbine that has a maximumgross heat input rate of at least 30 MMBTU per hour. March 7, 2007 through (the operative date of these amendments), 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 NO= Budget source. (One day after the operative date of these amendments) 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 combusfion turbine shall comply with (b)1 through 3 below, as applicable. [(b)] 1 . Until March 7, 2007, the owner or operator of any combined cycle combustion turbine or a regenerative cycle combustion turbine that has a maximumgross heat input rate of at least 30 million BTUs per hour shall cause it to emit NO, at a rate no greater than the applicable maximumallowable NO, emission rate specified in Table [3] 5 below, unless the owner or operator is complying with N .J.A .C. 7:27-19.3(f) . [On and after March 7, 2007, the rates in Table 3 shall apply only to a NO, budget source.] 2 . March 7, 2007 through (the operative date of these amendments), the owner or operator of any combined cycle combustion turbine or a regenerative cycle combustion turbine that has a maximumgross heat input rate ofat 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 maximumallowable NO, emission rate specified in Table 5 below, unless the owner or operator is complying with N.J.A

.C. 7:27-19

.3(f) . 3. (One day after the operative date of these amendments) 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 NO, at a rate no greater than the lesser of the applicable maximumallowable NO, emission rate specified in Table 5 below, or the maximumallowable 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 [315' Maximum

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

(Pounds per million BTU) Fuel Used Maximum Allowable NO, Emission [Limit] Rate Oil [0.3510.35 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), Table 5 shall apply to any combined cycle or regenerative cycle NEW JERSEY REGISTER, MONDAY, AUGUST 4, 2008 (CITE 40 N.J.R. 4463)ENVIRONMENTAL PROTECTION

combustion turbine that has a maximumgross heat input rate of at least 25 MMBTU per hour and that is a NO, Budget source. (One day after the operative date of these amendments) 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 : [(d)] 1 . On and after March 7, 2007 [the owner or operator of any] through (the operative date of these amendments), if the stationary combustion turbine [that] has a maximumgross heat input rate of at least 25 million BTU per hour [shall] and is not a NO . budget source, cause it to emit NOx at a rate no greater than the applicable maximumallowable NOx emission rate specified in Table [4] 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) [or (c)l through 5 below ; except that a NOx budget source shall be subject to the rrlaximumallowable NOx emission rates at Tables 2 and 3 above.] ; and 2 . On and after (one day after the operative date of these amendments), if the stationary combustion turbine is a non-HEDD unit, cause it to emit NO, at a rate no greater than the applicable maximumallowable NO, emission rate specified in Table 6 below, unless the owner or operator is complying with (c)1 through 5 above or N.J.A .C . 7 :27-19.3(f). TABLE [4] 61 Maximum

Allowable NO, Emission Rate for Stationary Combustion Turbines Type ofTurbine Tyne ofFuel MaximumAllowable NO, Emission Rate Combined cycle Gas 1 .3 pounds ofNO, ; per MWh combustion turbine or a regenerative cycle combustion turbine Oil 2 .0 pounds of NO, ; per MWh Simple cycle Gas 2 .2 pounds of NO, per MWh combustion turbine Oil 3.0 pounds of NO . per MWh ' March 7, 2007 through (the operative date ofthese amendments), Table 6 applies to any stationary combustion turbine that has a maximumgross heat input rate of at least 25 million BTU per hour and that is not a NO, Budget source. - On and after (one day after the operative date of these amendments), Table 6 applies to any stationary combustion turbine that is a non-HEDD unit. (e) (No change.) (f) To calculate [lb/MWh] pounds/MWh for units where energy is used for other than electric generation, for example useful heat froma combined heat and power unit, that useful energy should be converted to equivalent MWh and added to the electric output. The [Ib/MWh] 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 HEDDunit shall : 1 . Cause it to emit NO, at a rate no greater than the applicable maximumallowable NO, emission rate specified in Table 7 below ; and 2. If the preconstruction permit or operating permit for the HEDD combustion turbine allows it to combust either liquid fugl oil or gaseous fuel, cause it to emit NO, at a rate no greater than the applicable maximumallowable NO . emission rate for gaseous fuel specified in Table 7 during operation on high electric demand days, regardless of the fuel combusted. 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

PROPOSALS

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 NO, per MWh combustion turbine Oil 1 .60 pounds of NO, per MWh r On and after May 1, 2015, Table 7 applies to any stationary combustion turbine that is a HEDD unit. (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 ofa 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), 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) to (one day after the operative date of the amendments), 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 fromdemonstrating compliance again prior to (180 days after the day after operative date) ; and 2. For a HEDD turbine, compliance with the applicable maximum allowable NO, emission rate in Table 7 shall be demonstrated by November 1, 2015, or, ifthe 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. (ic) 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, pursuant to N

.J .A.C. 7:27-19.30

. 7:27-19.7 Industrial/commerciaUinstitutional boilers and other indirect

heat exchangers [(a) Beginning in calendar year 1995, and until March 7, 2007, the owner or operator of an industrial/commercial/institutional boiler or other indirect heat exchanger with a maximumgross heat input rate of at least 20million but less than 50million BTUs per hour shall : 1 . Annually adjust the boiler's combustion process in accordance with N.7.A.C. 7:27-19.16, each calendar year; or 2. Cause the boiler or other indirect heat exchanger to emit NO . at a rate no greater than the applicable maximumallowable NO . emission rate (CITE 40 N

.J .R . 4464) NEW JERSEY REGISTER, MONDAY, AUGUST 4, 2008-Specified in Table 5 below, and establish compliance with this

:requirement by continuous emissions monitoring pursuant to N .J .A .C. 7:27-19 .15(a)1 . (b) Beginning on May 31, 1995, and until March 7, 2007, the owner or operator of an industriaUcommercial/institutional boiler or other indirect heat exchanger with a maximum gross heat input rate of at least 50 million but less than 100million BTUs per hour shall cause the boiler or other indirect heat exchanger to emit NO, at a rate no greater than the applicable maximumallowable NO, ; emission rate specified in Table 5 below, and comply with the requirements of (e) below . TABLE 5 Maximum

Allowable NO

. Emission Rates for Industrial/Commercial/Institutional Boilers and other Indirect Heat Exchangers Subject to N

.J .A.C . 7:27-19.7(b) (pounds per million BTU) Fuel/Boiler Tangential Type Firing Method Face Cyclone Coal-Wet 1 .0 1 .0 0.55 Bottom Coal-Dry 0.38 0.43 0.55 Bottom 42 Fuel Oil 0.12 0.12 0.12 Other Liquid 0.3 0.3 0.3 Fuels Refinery fuel 0.20 0.20 N/A gas Natural Gas 0 .1 0.1 0.1 (c) Beginning on May 31, 1995, and until March 7, 2007, the owner or operator of an industrial/commercial/institutional boiler or other indirect heat exchanger with a maximumgross heat input rate of at least 100 million BTUs per hour 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 in Table 6 below, and comply with the applicable requirements of (d) or (e) below . TABLE 6 Maximum

Allowable NOx Emission Rates for Industrial/Conunercial/Institutional Boilers and other Indirect Heat Exchangers Subject to N.J .A.C. 7:26-19.7(c) (pounds per million BTU) l ENVIRONMENTAL PROTECTION Firing Method Fuel/Boiler Tangential Face Cyclone Type 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 Refinery fuel 0 .20 0.20 N/A gas Gas Only 0 .20 0.20 0.43] (a)-(c) (Reserved) (d) [In addition to complying with (c) above, the] The owner or operator ofany industrial/conunercial/institutional boiler or other indirect heat exchanger with a maximumgross heat input rate of at least 250 million BTUs per hour shall install a continuous emissions monitoring systemin accordance withN.J .A.C. 7 :27-19.18. [(e) Until March 7, 2007, in addition to complying with (b) or (c) above, as applicable, the owner or operator of an industrial/commercial/institutional boiler or other indirect heat exchanger with a maximumgross heat ifiput rate of at least 50 million BTUs per hour but less than 250 million BTUs per hour shall either: 1 . Annually adjust the boiler's combustion process in accordance with N .J .A .C. 7:27-19.16, each calendar year; or 2 . Establish compliance with the applicable maximum allowable emission rate by continuous emissions monitoring pursuant to N.J .A .C. 7:27-19.15(a)l . (f) Until March 7, 2007, in lieu of complying with a NO, emission limit under (b) or (c) above, the owner or operator of an industrial/commercial/institutional boiler or other indirect heat exchanger may comply with N.J.A.C. 7:27-19.3(o.] (e)-(f) (Reserved) (g) (Nochange.) (h) On and after March 7, 2007, the owner or operator of an industrial/commercial/institutional boiler or other indirect heat exchanger with a maximumgross heat input rate of at least 50 million BTU per hour, located at a major NO, facility, shall cause the boiler or other indirect heat exchanger to emit NO, at a rate no greater than the applicable maximumallowable NO, ; emission rate specified in Table [7] 8 below, through the following dates, unless the owner or operator is complyingwith N.J .A.C. 7:27-19.3(f)[.] : 1 . For an industrial/commerciaUinstitutional boiler or other indirect heat exchanger with a maximumgross heat input rate of at least 50 million BTU per hour, but less than 100 million BTU per hour: i. Through April 30, 2010, if the owner or operator is complyiug with (i)2i below

; or ii. Through April 30, 2011, if the owner or operator is complying with (i)2ii below

; and 2. For an industriaUcommercial/institutional boiler or other indirect heat exchanger with a maximumgross beat input rate of at least 100 million BTUper hour or greater : i. Through (the day before the operative date of these amendments), if the owner or operator is complying with (i)3i below ; or ii . Through April 30, 2010, if the owner or operator is complying with (i)3ii below

.

NEW JERSEY REGISTER, MONDAY, AUGUST 4, 2008 (CITE 40 N .J.R . 4465)ENVIRONMENTAL PROTECTION PROPOSALS TABLE [718 Maximum

Allowable NO, Emission Rates for Industrial/Commercial/Institutional Boilers or other Indirect Heat Exchangers (pounds per million BTU) Heat Input Rate (million BTU per hr) Fuel/Boiler Tyne at least 50 but < 100 Natural gas-only [#]No. 2 Fuel oil only Firing Method Tangential Face Cyclone 0.10 0.10 0.10 0.12 0.12 0.12 (i) The owner or operator ofan industrial/commercial/institutional boiler or other indirect heat exchanger with a maximumgross heat input rate of at least 25 million BTU per hour, whether or not it is located at a major NO, facility, shall cause the boiler or other indirect heat exchanger to emit NO~ at a rate no greater than the applicable maximumallowable NO, emission rate specified at Table 9 belowin accordance with the following schedule, unless the owner or operator is complying with N.J.A.C. 7:27-19.3(f) : 1. For an industrial/commercial/institutional boiler or other indirect heat exchanger with a maximumgross 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; 2. For an industrial/commercial/institutional boiler or other indirect heat exchanger with a maximumgross heat input rate of at least 50 million BTU per hour, but less than 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 maximumgross heat input rate of at least 100 million BTU per hour or greater: i .On and after (the operative date of these amendments), if compliance is achieved without physically modifying the boiler or other indirect heat exchanger; or ii . On and after May 1, 2010, if compliance is achieved by physically modifying the boiler or other indirect heat exchanger . TABLE 9 Maximum

Allowable NO, Emission Rates for IndustriaUCommerciaUInstitutional Boilers or Other Indirect Heat Exchangers w Fired by Gas or Liquid Fuels (pounds per million BTU) Heat Input Rate Rate (pounds per (million BTU_perhr) 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 gaseous fuels Other liquid fuels 0.20 Dual fuel using 0.12 fuel oil and 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 gaseous fuels Other liquid fuels 0.20 Dual fuel using 0 .20 fuel oil and natural gas 7:27-19.8 Stationary reciprocating engines (a)-(d) (No change.) (e) On and after March 7, 2007, the owner or operator of a stationary reciprocating engine used for generating electricity whether or not it is located at a major NO, facility, shall meet the following requirements, unless the owner or operator is complying with N .J .A.C. 7 :27-19.3(f) : 1 . For an engine that has a maximumrated power output of 148 kW or greater, cause it to emit NO, at a rate no greater than the applicable maximum

allowable NO, emission rate specified in Table [8] 10 below ; TABLE [8110 (No change in text.) 2.-3. (No change.) 4. For a group oftwo or more stationary reciprocating engines, each of which has a rated power output of 37 kW or greater, but less than 148 kW, and whose total combined power output is 148 kW or greater, cause it to emit NO, at a rate nogreater than the applicable maximum allowable NO, emission rate specified in Table [8] 10above. 5. For a modified engine to take advantage of a percent reduction standard specified in Table [8] 10 at (e)1 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 , 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 [a batch type or drummix] an asphalt pavement production plant shall cause it to emit NO, at a rate no ereater than [200 ppmvd at seven percent 02] the applicable maximum (CITE 40 N.J .R. 4466) NEW JERSEY REGISTER, MONDAY, AUGUST 4, 2008l'iowable NO emission concentrations speeified in Table 11 below,

~accordance with the schedule specified at (f) below . TABLE 11 MaximumAllowable NO, Emission Concentrations for Asphalt Pavement Production Plants (ppmvd at seven percent OZ)

:No. 4 fuel oil, heavier fuel oils or on- ;;specification used oil or any mixture of these three oils NO, Emission Concentration 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. [(c) In lieu of complying with a N0, emission limit under (a) above, the owner or operator of an asphalt plant may comply with one of the following, or with a combination of (c)1 and 3below : `° 1 . An emissions averaging plan approved by the Department pursuant to N .J .A.C. 7:27-19

.6and 19.14, which includes the combustion source in question as an averaging unit; 2 . An alternative maximum allowable emission rate for the unit, approved by the Department pursuant to N.J.A.C. 7:27-19.13; 3. A seasonal fuel switching plan for the unit, approved by the Department pursuant to N.J .A.C . 7:27-19.14and 19.20; or ' 4. A plan for phased compliance for the unit, approved by the Department pursuant to N .J .A.C. 7:27-19.14 and N .J .A.C . 7:27-19.21, 19 .22 or 19 .23.] (c) In lieu of complying with a NO, emission limit under (a) above, the owner or operator ofan asphalt pavement production plant may comply with N.J.A

.C . 7:27-19 .3(f) . (d) The owner or operator of an asphalt pavement production plant shall performthe following best management practices : 1. Reduce aggregate moisture content by: i. Covering the aggregate stockpile to prevent high water content due to rain; or ii . Designing and operating stockpiles for water drainage and removing sand and aggregate frompiles at a sufficient height above the base to avoid charging wet mix to the dryer; 2 . Conduct monthly inspections ofthe 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 systemand 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 . (t) The owner or operator of an asphalt pavement production plant shall comply with the NO, emission concentrations at (a) above in accordance with the following schedule: 1 . An asphalt pavement production dryer with a maximumgross heat input rate of less than 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 maximumgross heat input of at least 100 MMBTU/hr, but less than 120MMBTU/hr, shall comply: ENVIRONMENTAL PROTECTION i. On and after May l, 2010, if compliance is achieved without physically modifying the dryer; or ii . On and after May 1, 2011, if compliance is achieved by physically modifying the dryer. 3. An asphalt pavement production dryer with a maximumgross heat input ofat least 120 MMBTU/hr or greater shall comply: i .On and after (the operative date of these amendments), 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 [5.5] 4.0 pounds of NO, per ton of glass removed fromthe furnace. (b) The owner or operator of any [specialty container] flat glass manufacturing furnace listed in N .J .A .C . 7:27-19.2(b)7 shall cause the furnace to emit no more than [1119.2 pounds of NO, per ton of glass removed from

the furnace. (c) [The owner or operator of a borosilicate recipe glass manufacturing furnace listed in N

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

.2(b)8 shall : 1 . By January 1, 1994, determine the baseline NO, emission rate from the furnace by either: i . Conducting source emissions testing in accordance with N .J .A .C. 7:27-19.17; or ii . Using the results of source emissions testing conducted at any time after November 15, 1990, provided that the procedures used for the source emission testing meet the requirements of N.J .A.C. 7:27-19.17; 2. ByJuly 1, 1994, submit one of the following to the Department : i . A written plan detailing how the NO, emission rate fromthe furnace will be reduced by 30 percent fromthe baseline emission rate measured in (c) I above; or ii. A demonstration that the NO, emissions from the furnace, as measured by the source emissions testing performed under (c)1 above, are at least 30 percent less, than the uncontrolled NO, emissions fromthe furnace as ofa date no earlier than November 15, 1990 ; 3. Before the date specified in (d) below, implement the plan detailed in (c)2i above (unless the owner or operator has submitted the demonstration described in (c)2ii above) ; and 4 . Beginning on the date specified in (d) below, cause the furnace to emit NO, at a rate no greater than the reduced rate described in (c)2i above, or to continue to emit NO, at a rate no greater than the rate demonstrated under (c)2ii above.] (Reserved) (d) A glass manufacturing furnace subject to this subchapter shall comply with the requirements of (a)[,] and (b)[, (c)3 and (c)4] above beginning on and after May 1, 2010on the [earlier ofthe following: 1 . The] first date [after January 23, 1994 on which] of startup after which rebricking ofthe furnace is completed.[; or 2. May 1, 1997.] (e) (No change.) (f) In lieu of complying with a N0, emission limit under (a)[,] or (b)[ or (c)] above, the owner or operator of a glass manufacturing furnace may comply with one of the following, or with a combination of (f)1 and 3 below : 1 . (No change.) 2. An alternative maximumallowable emission rate for the furnace, approved by the Department pursuant to N.J .A.C. 7:27-19.13; or 3. A seasonal fuel switching plan for the furnace, approved by the Department pursuant to N .J .A .C . 7:27-19.14 and 19.20f; or] . [4. A plan for phased compliance for the furnace, approved by the Department pursuant to N.J .A.C. 7:27-19.14 and N.J .A.C. 7:27-19.21, 19.22 or 19.23.]

NEW JERSEY REGISTER, MONDAY, AUGUST 4, 2008 (CITE 40 N.J.R. 4467)ENVIRONMENTAL PROTECTION

7:27-19 .12 [(Reserved)] Municipal solid waste (MSW) incinerators (a) The owner or operator ofa MSW incinerator of any size shall cause it to emit NO, at a maximumallowable emission concentration of 150 ppmvd at seven percent oxygen based on a calendar day average: . 1 . On and after (60 days after the operative date of these newrules and amendments), if compliance is achieved by optimizing the existing N0, air pollution control system without modifying the MSW incinerator; or 2. On and after May 1, 2010, if compliance is achieved by installing a newNO, air pollution control systemon an existing MSW incinerator or by physically modifying an existing MSW incinerator. (b) In lieu of complying with the maximumallowable emissions concentration at (a) above, the owner or operator of a MSW incinerator may comply by obtaining an alternative maximum allowable NO, emission rate approved by the Department pursuant to N.J.A .C.7:27-19.13. (c) The owner or operator of any MSW incinerator shall install a NO, continuous emissions monitoring systemon a MSW incinerator satisfying the requirements of N .J.A .C. 7:27-19.18 and shall demonstrate compliance with (a) or (b) above using the NO . continuous emissions monitoring system . 7:27-19.13 [Facility-specific] Alternative and facility-specific

maximum

allowable NO, emission[s limits] rates (a) This section establishes procedures and standards for the establishment of alternative maximumallowable NO, emission rates and facility-specific maximumallowable NO, emission[s limits] rates in the following circumstances: 1 . If the owner or operator of a major NO, facility [contains] seeks approval of a maximum allowable emission rate for any source operation or itemof equipment of a category not listed in N.J.A.C. 7:27- 19.2(b) or (c) [(that is, any source operation or itemof equipment other than a boiler serving an electric generating unit, an industrial/commercial/institutional boiler, a stationary combustion turbine, a stationary reciprocating engine, a rotary dryer located at an asphalt plant, or a glass manufacturing furnace)] that has the potential to emit more than 10tons ofN0, per year, except as provided in (p) below[ ; or] . Such a rate approved by the Department pursuant to N.J.A.C. 7:2 .7-19.13 shall be called a facility-specific maximum allowable emission rate. The owner or operator shall obtain this rate by submitting a proposed facility-specific NO, control plan pursuant to (b) below

; 2. If the owner or operator of a source operation or itemof equipment listed in N

.J .A.C. 7:27-19.2(b) or (c) seeks approval of an alternative maximumallowable emission rate, which would apply to the equipment or source operation in lieu of the maximumallowable emission [limit] rate that would otherwise apply under this subchapter . The owner or operator shall obtain this rate by submitting a request for an alternative maximumallowable emission rate pursuant to (b) below ; or 3. If the owner or operator of a source operation or item of equipment was issued a facility-specific maximum allowable emissions rate or an alternative maximum allowable emission rate for that source operation or itemof equipment prior to Mhy 1, 2005, and if the owner or operator would like to continue to operate under this rate, the owner or operator shall submit a proposed facilityspecific NO, control plan or a request for an alternative maximum allowable emission rate, as applicable, pursuant to (b) below . (b) The owner or operator of a [major NO .] facility described in (a)[11 above shall obtain the Department's written approval of a facility-specifc NO, control plan or an alternative maximumallowable emission rate [in accordance with this section.] as follows: 1 . Any facility-specific NO, control plan, including the facilityspecific maximum allowable emission rate, approved by the Department after (the operative date of these new rules and amendments) shall not have an expiration date, except in accordance with (b)6 below

; 2. Any alternative maximumallowable emission rate approved by ,the Department after (the operative date of these new rules and PROPOSALS amendments) shall have a term of 10 years, unless the source operation or item of equipment with the alternative maximum allowable emission rate is modified, altered or reconstructed during the term of the plan. If the source operation or itemis modified, altered or reconstructed, (b)6 belowshall also apply and the owner or operator shall also meet the requirements at (b)6 below ; 3. [For any facility, equipment or source operation that is in operation prior to January 23, 1994, the] Any owner or operator in (a)1 shall submit to the Department in writing a proposed facility-specific NO, control plan for the facility. [by April 23, 1994 or by a later date, approved by the Department pursuant to N.J .A .C. 7:27-19.3(e) . For any facility, equipment or source operation that is subject to a NO, emissions limit under this subchapter as set forth at N .J.A .C . 7:27-19.5(d), 19.7(h), or 19.8(e), the owner or operator shall submit to the Department in writing a proposed NO, control plan for the facility by February 7, 20061 . 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 for each applicable source operation or item of equipment. In the request, the owner or operator shall include the information listed in (d) 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 maximumallowable emission rate or a proposed facility-specific NO, control plan by (90 days after the operative date of these amendments) . The owner or operator may request a 60-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 maximumallowable emission rate, the owner or operator shall include the information listed at (d) below ; ii . If the owner or operator submits a request or proposed plan by (90 days after the operative date of these newrules and amendments) or by the date of any extension approved by the Department, the owner or operator's existing alternative maximum allowable emission rate or facility-specific maximumallowable emission rate, 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 (90days after the operative date of these new rules and amendments), the owner or operator's existing alternative maximum allowable emission rate or facility-specific maximumallowable emission rate shall terminate on (90 days after the operative date of these amendments) ; 6 . If the owner or operator of a facility has an approved alternative maximum allowable emission rate or an approved facility-specific maximum allowable emission rate for a source operation or itemof equipment, and intends to modify, alter or reconstruct that source operation or itemof equipment, such that the alternative or facility-specific maximum allowable emission rate would change, the existing alternative or facility-specific maximum allowable emission rate shall terminate on the start date of the modification, alteration or reconstruction. If the owner or operator plans to continue operating under an alternative or facility-specific maximum allowable emission rate, the owner or operator shall, pursuant to this section, apply for and obtain approval of a new alternative maximumallowable emission rate or facility-specific 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 termalternative maximum allowable emission rate plans to continue operating under an alternative maximum allowable emission rate beyond the existing rate's expiration date, the owner or operator shall submit a request for a newalternative maximum allowable emission rate at least one year prior to the termination date of the existing alternative maximum allowable emission rate. The (CITE 40N.J.R

. 4468) NEW JERSEY REGISTER, MONDAY, AUGUST4, 2008- isting rate shall terminate on its termination date or on the date of

~ _~~x 5,tbe Department's final action on the proposed new alternative =maximumallowable emission rate, whichever is later. ., .(c) (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 NOx control plan or request for an alternative maximum allowable emission rate: l . For each source operation or item of equipment listed in (b)[1]3i ' `above or (c)1 above, as applicable, a list of all NO, 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 itemofequipment listed in (b)[1]3i above or (c)1 above, as applicable; ` 5. (Nochange.) 6. For each source operation or itemof equipment listed in (b)[1]3i above or (c)1 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)[1]3i above or (c)1 above, as applicable, a proposed maximumallowable NO, emission [limit] rate; 8.-9. (No change.) (e)-(f) (No change.) (g) Within six months after receiving a complete proposed NO . control plan or request for an alternative maximumallowable emission rate, 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 .-3. (No change.) 4. The emission [limit] rate proposed for each source operation and itemof equipment is the lowest rate which can practicably be achieved at a cost within the limits described in (g)3iii and iv above; 5. The cost of achieving an additional emission reduction beyond each proposed [limit] emission rate would be disproportionate to the size and environmental impact of that additional emission reduction; and 6 . (Nochange.) (h) Any alternate maximumallowable emissions [limit] rate pursuant to [N.J .A.C. 7:27-19.13](c) above or NO . Control Plan pursuant to [7:27- 19.13](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)-(m) (No change.) (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 [limits] rates 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 maximumallowable NO, emissions [limit] rate 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 ofthe Department's approval thereafter. The owner or operator of a source operation or item of equipment for which the Department has approved an alternative maximumallowable emission rate shall cause it to emit NO, at a ~'ate no greater than the approved alternative maximumallowable emission rate. (o)-(p) (No change.) 7:27-19.15 Procedures and deadlines for demonstrating compliance (a) [The] 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) [For] Except as set forth in (d) and (e) below, any equipment or source operation subject to this subehapter that was in operation before January 1, 1995, the owner or 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 equipment or source operation, except that the owner or operator of any facility, ENVIRONMENTAL PROTECTION equipment or source operation that is subject to a N0, emissions 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 that is in operation before November 7, 2005 shall demonstrate compliance with this subchapter in accordance with (a)1 or 2 above by March 7, 2008. Test results that demonstrate compliance with a newrequirement within the five years preceding November 7, 2005 shall be accepted by the Department as satisfying this test requirement, if the testing and test report were reviewed by the Department and found satisfactory. (c) [For] 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 l, 1995, the owner or operator shall demonstrate compliance with this subchapter in accordance with (a)1 or 2 above within 180 days fromthe date on which the source commences operation, and thereafter at the frequency set forth in the permit for such equipment or source operation. (d) For any equipment or source operation at an asphalt pavement production plant subject to a NO, emissions limit at N .J.A.C. 7:27- 19 .9(a), the owner or operator shall demonstrate compliance with this subchapter in accordance with (a)2 above, within 180 days from the date at N.J.A

.C. 7:27-19

.9(f)1, 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) 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 (t)2, as applicable; and v. Comply with the COtesting 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)1i 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. [(d)] (f) An exceedance of any applicable N0,, emission limit set forth in this subchapter, determined through testing or monitoring performed pursuant to (a)[, (b), or (c)] 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 ofa repowering plan shall : 1 .-8. (No change.)

NEW JERSEY REGISTER, MONDAY, AUGUST 4, 2008 (CITE 40 N .J.R . 4469)ENVIRONMENTAL PROTECTION

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 maximumallowable NO, listed in Table [9] 12 below(provided however, that the NO, emission limits in Table [9] 12 -shall not be construed to limit the owner or operator's obligations under (e)8 above) ; and 10. (No change.) TABLE [9112 (No change in text .) 7:27-19.22 Phased compliance-impracticability offull compliance by

[May 31, 1995] (the operative date of these amendments) (a) [The] Any owner or operator [of a combustion source included in a] 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 [causing the combustion source to comply with the emission limit under N.J .A.C. 7:27-19.4, 19.5, 19.7, 19.8, 19.9 or 19.10 that would otherwise apply to the combustion source] achieving by (the operative date of these amendments) the NO, emission reductions required by Equation 1 at N

.J.A .C. 7:27-19.29(c) . (b) By [June 22, 1995] (21 days after the operative date of these amendments), an owner or operator seeking approval of a phased compliance plan shall submit to the Department an application for approval ofthe phased compliance plan pursuant to N .J .A .C. 7:27-19.14. If an owner or operator fails to submit the application by [June 22, 1995] (21 days after the operative date of these amendments), the Department may reject the application. The Department may elect to process a late application, based on howlate the application is, the nature and extent 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 [a NO, emission limit] 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(e) to which the [source] 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 . (Nochange.) 2. A description of the steps that the owner or operator has taken to [cause each combustion source included in the plan to attain compliance with the applicable NO, emission limit under this subchapter] obtain compliance with the NO, emission reduction requirements at N .J .A.C. 7 :27-19

.29; and 3. For each [combustion source] measure included in the plan, a detailed explanation of the reasons why the owner or operator believes that [compliance with the applicable NO, emission limit by May 31, 1995] implementation of the measure by (the operative date of these amendments) is impracticable. (c) The owner or operator shall include the following information in the phased compliance plan with respect to each [combiSStion source] measure included in the plan: [1 . Infonnation sufficient to identify the combustion source, including a brief description (for example, "dry-bottomcoal-fired boiler serving an electric generating unit"), its location, its permit number, the company stack designation, and any other identifying numbers, and any other information necessary to distinguish it fromother equipment owned or operated by the owner or operator;] i 1. A description of the measure and howit is expected to reduce NO . emissions; 2. [A] 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 [combustion source] measure: i .-iv. (No change.) PROPOSALS

v. Attain full compliance with the [applicable NOa emission limit under this subehapter] NO, emission reduction determined by Equation 1 at N

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

.29(c) ; [3. The NO, control measures or technology that the owner or operator proposes to employ duringthe interimperiod; and] 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 [the operation of combustion sources included in the phased compliance plan will comply with the requirements of this section] each proposed NO, emission reduction measure will achieve the NO, emission reduction determined by Equation 1 at N.J .A.C. 7:27-19.29(c) . (d) The Department shall approve a phased compliance plan only ifthe following requirements are satisfied with respect to each [combustion source]-NO, emission reduction measure included in the plan: l . (Nochange.) 2. The information submitted under (b)[lii]2 above establishes that the owner or operator has made a good faith effort to [cause the combustion source to attain compliance with the applicable NO, emission limit under this subchapter] 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) ; 3. The information submitted under (b)[liii]3 above, evaluated in light ofthe criteria set forth in (e) below, establishes that it is impracticable for the [combustion source to attain compliance with the applicable NO, emission limit under this subchapter by May 31, 1995] NO, emission reduction measure to be implemented prior to (the operative date of these amendments) ; and 4 . (No change.) (e) In determining whether compliance with the [applicable NO emission limit under this subchapter by May 31, 1995] emission reduction determined by Equation 1 at N.J .A.C. 7:27-19.29(c) by (the operative date of these amendments) is impracticable, the Department shall apply the following criteria: 1 .-3. (Nochange.) 4. The nature, extent and probability of any harmto public safety or welfare that could result from accelerating construction and/or installation in order to attain compliance by [May 31, 1995] (the operative date of these amendments) . For example, if it were probable that the owner or operator of the electric generating utility could not [cause all ofits electric generating units to] 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 [a combustion source to] the owner or operator to attain full compliance with [the applicable NO, emission limit under this subchapter] 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 [combustion source] owner or operator shall be subject to all applicable requirements of [this subchapter] N.J.A.C . 7:27-19

.29, including the NO, emission [limits] reduction that would have [applied to the source] been required in the absence of an approved plan. (g) An owner or operator who has obtained the Department's approval ofaphased compliance plan shall : 1. Operate all combustion sources [included in] 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 [the] all combustion sources as follows: i. (Nochange.) ii . By seasonally combusting natural gas in accordance with N .J .A.C. 7:27-19,20, [implementing selective non-catalytic reduction,] or implementing other measures that the Department determines are (CITE 40 N

.J .R . 4470) NEW JERSEY REGISTER, MONDAY, AUGUST 4, 2008PROPOSALS

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 ofNO, budget allowances by a former DER credit user (a) (No change.) (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 NOx 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, converted to tons per year (by dividing by 908,000) . Maximumallowable NO . emission rates are codified at N .J .A.C. 7:27-19.4(a), Table 1 ; 19.5(a), Table [2] 4; 19.5(b), Table [3] 5; 19.7(b), Table [4] 6[ ; 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. (No change.) (c) (Nochange.) 7:27-19.28 Sewage sludge incinerators (a) The owner or operator of a sewage sludge incinerator shall cause it to emit NO, at a rate no greater than the applicable maximumallowable NO, emission rate specified in Table 13 below, unless the owner or operator is complying 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 maximumallowable 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. 7:27-19.29 2009 HEDDEmission Reduction Compliance

Demonstration Protocol , (a) This section shall apply to any owner or operator of'a HEDD 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 Ib/MMBtu, for the HEDD unit for July 26, 2005 fromthe USEPA Clean Air Markets Division (CAMD) NO . emission data, which as of (the date of this rulemaking) can be found at http://camddataandmaps .epa.gov/adm/. (b) Each owner or operator identified in (a) above shall : 1. Assure that the NO, emission reductions, determined by Equation 1 at (c) below, occur on each high electric demand day from ENVIRONMENTAL PROTECTION (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. 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. Submit to the Department, at the address below, by (30 days after the operative date ofthis rule), a 2009Protocol ; and 4. Submit to the Department, at the address below, an annual report, pursuant to (k) below . Chief, Bureau of Operating Permits Air Quality Permitting Program Department of Environmental Protection POBox 027 Trenton, NJ 08625-0027. (c) The owner or operator shall achieve the NO, emission reductions determined by Equation 1 on each high electric demand day. 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 froman 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 implement any emission reduction measures. This calculation is based on total actual operation of 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 HEDDunits onJuly 26, 2005. In order to calculate EF, the owner or operator shall obtain the N0, emitted, in tons, for each HEDD unit operated on July 26, 2005, from the USEPA Clean Air Markets Division (CAMD) NO, emission data, which as of (the date of this rulemaking) can be found at http://camddataandmaps.epa.gov/l!dm/; and RF (Reduction Factor) = The HEDD NO, 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 HEDDunit 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 fromthe USEPA Clean Air Markets Division (CAMD) NO, emission data, which as of (the date of this rulemaking) can be found at http://camddataandmaps.epa.Qov/ gdm/; and C (Control Factor) = If the HEDD unit is a combustion turbine that was not controlled with water injection or Selective Catalytic Reduction (SCR) on July 26, 2005, then C is equal to 0.4 . If the HEDDunit is a boiler that was not controlled with SCR or Selective Non-Catalytic Reduction (SNCR) controls on July 26, 2005, then Cis 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 a boiler that was controlled with SCR or SNCR on July 26, 2005, then Cis 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, NEW JERSEY REGISTER, MONDAY, AUGUST 4, 2008 (CITE 40 N .J .R . 4471)ENVIRONMENTAL PROTECTION

regulation, enforceable agreement, or high electric demand day emission reduction program . Any of the following measures may be considered to achieve the required emission reductions: i. Installation of a control apparatus on an existing FIEDD unit that is located in New Jersey, Pennsylvania, Delaware, or Maryland; ii. Reduction in the usage of any HEDDunit 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 ofthese amendments) ; vi . Implementation of a demand response measure in New Jersey such as: (1) A measure that shifts load, as long as the demand response measure was not committed to prior to (the operative date of these amendments) ; 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) ; 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) ; 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 emission reductions fromthe measure and howthe quantification was determined; iii. The reasons why this measure is not necessary under any current State or Federal permif, 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 1 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)2viwabove are the following: 1. The date ofeach high electric demand day; 2. The actions taken to reduce emissions; 3. The start and end time for operation of each EGU operated during that high electric demand day; 4 . The total hours of operation for each EGUin (e)3 above; 5. The type of fuel combusted by each EGU in (e)3 above; 6. The hourly fuel use for each EGUin (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; PROPOSALS 12. The CEM

values or documentation on howthe 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) ; ii . Actual NO

. 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 from2009 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 . The Department will notify the owner or operator of the action in writing. (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) 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 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 unit that is included in an approved 2009 Protocol changes between (the operative date of these amendments) and September 30, 2014, the old owner or operator shall submit a revised 2009Protocol to the Department, at the address in (b) 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 2009Protocol . (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) 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, to the (CITE 40 N

.J .R. 4472) NEW JERSEY REGISTER, MONDAY, AUGUST 4, 2008Department to the address at (b) above, by January 30th of the

following year. (For example, the annual report for 2009 is due on January 30, 2010

.) 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 howthe 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 NO

. 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 ofOperating Permits Air Quality Permitting Program Department ofEnvironmental Protection POBox 027 Trenton, NJ 08625-0027 (b) The 2015 Plan shall describe how the owner or operator intends to comply with the 2015 HEDD maximum allowable NO . emission rates for each HEDD unit owned or operated. The 2015 Plan shall include the following: 1. A list of HEDDunits that are expected to be shut down by May 1, 2015, in lieu of complying with the applicable maximumallowable NO . emission rate(s) in Table 3 at N .J.A.C. 7:27-19.4(a) for boilers or Table 7 at N.J.A.C. 7:27-19 .5(g) for turbines. The following information shall be included for each HEDD unit that is expected to be shut down: i. The name ofthe facility at which the HEDD unit is located; ii . The facility ID number; iii. The emission unit ID number ; iv. The HEDDunit description; v, The proposed schedule for shut down; vi . An explanation of any obstacles that may prevent this shut down; and i vii . Any other documentation that would identify the unit or clarify the 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 to operate differently, in order to obtain compliance with the applicable maximumallowable NO, emission rate(s) in Table 3 at N.J .A.C . 7:27-19

.4(a) for boilers or Table 7 at N.J .A.C . 7 :27-19.5(g) ENVIRONMENTAL PROTECTION

for turbines. The following information shall be included for each such HEDD unit: i. The name of the facility at which the HEDDunit is located; ii. The facility ID number ; iii . The emission unit ID number; iv. The HEDDunit description; v. A description of the proposed control apparatus or change to the 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. (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 HEDDunits shall be included in the update. For each HEDD unit owned or operated, the following information shall be included in the update: 1. The name ofthe facility at which the HEDD unit is located; 2. The facility ID number ; 3 . The emission unit ID number; 4 . The HEDDunit description; 5 . The progress made toward achieving the proposed schedule for permitting, installation and operation at (b)2vii above; 6 . An explanation of any obstacles that have been encountered or are anticipated and howthey will be overcome; and 7. An explanation of any revisions to the 2015Plan. SUBCHAPTER21 . EMISSION STATEMENTS 7:27-21 .1 Definitions The following words and terms, when used in this subchapter, have the following meanings, unless the context clearly indicates otherwise.

. . ."Operating scenario" means a plan for operating a facility or a portion thereof in a way, or according to a method, or using methods or processes, which are different fromother methods or processes used at the facility, or portion thereof . An operating scenario may be incorporated into a permit through issuance of an initial operating permit, minor modification, significant modification, or authorized through a seven-day-notice. 7:27-21 .5 Required contents 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: 1 . As part of the Emission Statement, submit each tank's annual rooflanding 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 NJIDNumber; ii . The total rooflanding emissions; iii. The tank roof type (internal floating roof, external floating roof, or domed external floating roof) ; iv. The total number of roof landing events; v. A list of each VOC, including different grades and specifications ofgasoline, stored in the tank for any part ofthe year; NEW JERSEY REGISTER, MONDAY, AUGUST 4, 2008 (CITE 40N.J.R . 4473)ENVIRONMENTAL PROTECTION vi . The vapor pressure at standard conditions for the contents listed at v above; vii . The floating roof lander height setting, where lander height is the distance between the bottomof the roof deck and the top most point ofthe 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. PROPOSALS CHAPTER27A AIRADMINISTRATIVE PROCEDURES AND PENALTIES SUBCHAPTER 3. CIVIL ADMINISTRATIVE PENALITES AND

REQUESTS FORADJUDICATORY HEARINGS 7:27A-3.10 Civil administrative penalties for violation ofrules adopted

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

.J.A.C. 7:27. The rule summaries for the requirements set forth in the Civil Administrative Penalty Schedule in this subsection are provided for informational purposes only and have no legal effect. CIVIL ADMINISTRATIVE PENALTY SCHEDULE 1 .-3. (No change.) 4. Theviolations 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 MaximumActual Emissions For less than 10 pounds per hour: 1 . Less than 25 percent over the allowable standard 2. From25 through 50 percent over the allowable standard 3. Greater than 50percent over the allowable standard From10 pounds through 22.8 pounds per hour: 1 . Less than 25 percent over the allowable standard 2. From25 through 50 percent over the allowable standard 3. Greater than 50percent 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 50percent over the allowable standard Fourth and - Each Type of First Second Third Subsequent Violation Offense Offense Offense Offense

NM $2,000' $4,0003 $10,000' $30,0003 NM $4,0003 $8,000' $20,000' $50,0003 NM $8,000' $16,000' $40,000' $50,0003 NM $6,000' $12,0003 $30,000' $50,0003 NM $8,000' $16,000' $40,0003 $50,000' NM $10,000' $20,000' $50,0003 $50,000' NM $8,0003 $16,0003 $40,0003 $50,0003 NM $10,000' $20,000' $50,0003 $50,000' NM $10,000' $20,000' $50,0003 $50,000' 5.-9. (No change.) e 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: R

Citation Class

. . . ' N.J.A .C. 7:27-10.2(h) and 10.5(a), Conditions and Provisions (b) and (c) Detected by Continuous Monitoring System ' Revoke Certificate to Operate Under N .J .A .C. 7:27-8 (if applicable) 11 .-15. (No change.) Fourth and Each Type of First Second Third Subsequent Violation Offense Offense Offense Offense See N .J .A.C . 7:27A-3.10(n) for the calculation of civil administrative penalties.

(CITE 40 N.J.R

. 4474) NEW JERSEY REGISTER, MONDAY, AUGUST 4, 200816. Theviolations of N .J .A .C. 7:27-16, Control and Prohibition of Air Pollution by Volatile Organic Compounds (VOC), and the civil administrative ENVIRONMENTAL PROTECTION enylty amounts for each violation, per source, are as set forth in the following table:

,;[N .J .A.C. 7:27-16.2(g) N .J .A.C.7:27-16.2(h) N.J.A.C. 7:27-16.2(i) N.J .A.C. 7:27-16.2(k) N.J .A.C. 7:27-16.2(1)1 Class Floating Roof Seal-Envelope Roof Openings Records Install and maintain gaskets, covers, sleeves and openings Install and maintain rimseal Fourth and Each Type of First Second Third Subsequent Violation Offense Offense Offense Offense NM $2,0003 $4,000 $10,0003 $30,0003 NM $2,0003 $4,000 $10,0003 $30,000' NM $6003 $1,200 $3,000' $9,000'1 M $5003 $1,000 $2,5003 $7,500' NM $6003 $1,2003 $3,0003 $9,000' 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)1 1 N .J.A .C. 7:27-16.2(I)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) N .J.A.C. 7:27-16

.2(q) N.J.A.C. 7:27-16

.2(r) N.J .A.C. 7:27-16

.2(r)6 N..I .A.C. 7:27-16

.2(s) N.J.A.C. 7:27-16

.2(t) N.J.A.C. 7:27-16

.2(u) system Install domed roof Maintain vapor space LEL Install and maintain rimseal 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 Storage tank degassing and cleaning Inspect storage tank Maintain storage tank Maintain records Maintain records Submit report N.1.A.C. 7:27-16.7(r) and (s) CLASS Letterpress and lithographic printing AlaximumActual Emissions For less than 10 pounds per hour: l . Less than 25 percent over the allowable standard 2 . From25 through 50 percent over the allowable standard $2,0003 $4,000' $10,000' $30,000' NM $2,0003 $4,000' $10,000' $30,000' NM $6003 $1,200' $3,000' $9,000' NM $2,0003 $4,0003 $10,000' $30,000' N>1 $6003 ~$1,200' $3,000' $9,000' NM $6003 $1,200' $3,000' $9,000' NM $2,0003 $4,000' $10,000' $30,000' NM $2,0003 $4,000' $10,0003 $30,000' NM $2,0003 $4,000' $10,000' $30,000' NM $2,0003 $4,000' $10,000' $30,000' NM $6003 $1,200' $3,000' $9,000' NM $2,0003 $4,0003 $10,000' $30,000' NM $6003 $1,200' S3,000' $9,000' NM $2,0003 $4,000' $10,000' $30,000' NM $2,0003 $4,0003 $10,000' $30,000' NM $6003 $1,2003 $3,0003 $9,0003 NM $2,0003 $4,000' $10,000' $30,000' NM $6003 $1,200' $3,0003 $9,0003 NM $2,000' $4,000' $10,0003 $30,000' M $500' $1,000' $2,500' $7,500' M $5003 $1,000' $2,500' $7,500' M $500' $1,000' $2,500' $7,500'

NM $2,0003 S4,000' $10,000' $30,000' NM $4,0003 $8,000' S20,0003 $50,000'

NEW JERSEY REGISTER, MONDAY, AUGUST 4, 2008 (CITE 40 N .J.R . 4475)ENVIRONMENTAL PROTECTION PROPOSALS ~

3. Greater than 50 percent over the allowable standard NM $8,0003 $16,0003 $40,0003 $50,000' From10 pounds through 22.8 pounds per hour: 1 . Less than 25percent over the allowable standard NM $6,000' $12,000' $30,0003 $50,000' 2. From25 through 50 percent over the allowable standard NM $8,000' $16,0003 $40,000' $50,000' 3. Greater than 50 percent over the allowable standard NM $10,0003 $20,000' $50,0003 $50,000' For greater than 22.8 pounds per hour : 1. Less than 25 percent over the allowable standard NM $8,0003 $16,0003 $40,0003 $50,000' 2. From25 through 50 percent over the allowable standard NM $10,0003 $20,000' $50,0003 $50,000' 3. Greater than 50 percent over the allowable standard NM $10,0003 $20,000' $50,000' $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 $500' $1,000 $2,500 $7,500

3 Revoke Certificate to Operate Under N.J .A.C. 7:27-8 (ifapplicable) 17.-18. (No change.) 19. The violations of N .J .A .C. 7:27-19, Control and Prohibition of Air Pollution fromOxides of Nitrogen, and the civil administrative penalty amounts for eachviolation, 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 .J .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 NM $2,000 $4,000 $10,000 $30,000 2. From 25 through 50 percent over the allowable standard NM $4,000 $8,000 $20,000 $50,000 3. Greater than 50percent over the allowable standard NM $8,000 $16,000 $40,000 $50,000 11-50 MW

Turbine 1. Less than 25 percent over the allowable standard NM $6,000 $12,000 $30,000 $50,000 2 . From25 through-50percent over the allowable standard NM $8,000 $16,000 $40,000 $50,000 3. Greater than 50 percent over the allowable standard ' NM $10,000 $20,000 $50,000 $50,000 Greater than 50 MW

Turbine 1 . 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 50percent over the allowable standard NM $10,000 $20,000 $50,000 $50,000 N.J .A.C. 7:27-19.5(e) Adjust Combustion Process NM $2,000 $4,000 $10,000 $30,000 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 NM $2,000 $4,000 $10,000 $30,000 2. From25 through 50 percent over the allowable standard NM $4,000 $8,000 $20,000 $50,000 3. Greater than 50 percent over the allowable standard NM $8,000 $16,000 $40,000 $50,000 (CITE 40N.J .R

. 4476) NEW JERSEY REGISTER, MONDAY, AUGUST 4, 2008ENVIRONMENTAL PROTECTION

~11-50 MW

Turbine HEDD Unit 1. Less than 25 percent over the allowable standard NM $6,000 $12,000 $30,000 $50,000 2 . From25 through 50 percent over the allowable standard NM $8,000 $16,000 $40,000 $50,000 3. Greater than 50 percent over the allowable standard NM $10,000 $20,000 $50,000 $50,000 Greater than 50 MW

Turbine HEDD Unit 1. 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 NM $10,000 $20,000 $50,000 $50,000 N .J.A .C.7:27-19.5(j) Demonstrate'compliance M $2,000 $4,000 $10,000 $30,000 N .J.A.C. 7:27-19

.5(k) and (1) Submit reduction plan and updates M $2,000 $4,000 $10,000 $30,000 jN.J .A.C. 7:27-19.7(a) N .J .A.C. 7:27-19.7(b) or (c) Adjust combustion process NM $2,000 $4,000 $10,000 $30,000 Industrial/Commercial/Institutional boilers and other indirect heat exchangers Actual Emission (pounds per million BTU) : Less than 25 MMBTUper hour 1 . Less than 25 percent over the allowable standard NM $2,000 $4,000 $10,000 $30,000 2. From25 through 50percent over the allowable standard NM $4,000 $8,000 $20,000 $50,000 3. Greater than 50percent over the allowable standard NM $8,000 $16,000 $40,000 $50,000 25-50 MMBTUper hour 1. Less than 25 percent over the allowable standard NM $6,000 $12,000 $30,000 $50,000 2. From25 through 50percent over the allowable standard NM $8,000 $16,000 $40,000 $50,000 3. Greater than 50 percent over the allowable standard NM $10,000 $20,000 $50,000 $50,000 Greater than 50 MMBTUper hour 1 . Less than 25 percent over the allowable standard NM $8,000 $16,000 $40,000 $50,000 2 . From25through 50percent 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] N .J.A.C. 7:27-19.7(d) [or (e)] Heat input rate of 250 MMBTU per ,

N.J .A .C. 7:27-19.7(g) l N .J .A.C. 7:27-19.7(g)2 N.J.A.C. 7:27-19.7(g)3 hour or greater . Failure to install CEM NM $10,000 $20,000 $50,000 $50,000 [Heat input rate of 50 MMBTU to less than 250 MMBTUper hour Adjust combustion process or install NM $2,000 $4,000 $10,000 $30,000] CEM Adjust Combustion 5-10million NM $500 $1,000 $2,500 $7,500 BTU per hour Adjust Combustion 10-20million NM $1,000 $2,000 $5,000 $15,000 BTUper hour Adjust Combustion 20million BTU NM $2,000 $4,000 $10,000 $30,000 per hour or greater N.J .A .C. 7:27-19.7(h) Actual Emissions (pounds per million BTU) 1 . Less than 25 percent over the allowable standard NM $8,000 $16,000 $40,000 $50,000 2. From25 through 50 percent over the allowable standard NM $10,000 $20,000 $50,000 $50,000 3. Greater than 50 percent over the allowable standard I NM $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 2. From 25 through 50 percent over the allowable standard NM $8,000 $16,000 $40,000 $50,000 3. Greater than 50percent over the allowable standard NM $10,000 $20,000 $50,000 $50,000 NEW JERSEY REGISTER, MONDAY, AUGUST 4, 2008 (CITE 40 N.J.R . 4477)ENVIRONMENTAL PROTECTION

Greater than 100 MMBTUper hour " 1 . Less than 25 percent over the allowable standard NM $8,000 $16,000 $40,000 $50,000 2. From 25through 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 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) Performbest management NM $1,200 $2,400 $6,000 $18,000 practice Record best management practice M $1,200 $2,400 $6,000 $18,000 MSW Incinerator Conditions and See N.J.A .C. 7:27A-3.10(n) for the calculation of civil Provisions Detected by administrative penalties. Continuous Monitoring System N.J .A.C. 7 :27-19.15(c) and (e) Demonstrate Compliance M $2,000 $4,000 $10,000 $30,000 N.J.A.C. 7:27-19.28 Sewage Sludge Incinerators Maximum

Actual Emissions For less than 5.7 pounds per hour for VOCand NO . : 1 . Less than 25 percent over the allowable standard NM $6,000 $12,000 $30,000 $50,000 2. From25 through 50 percent over the allowable standard NM $8,000 $16,000 $40,000 $50,000 3. Greater than 50 percent over the allowable standard NM $10,000 $20,000 $50,000 $50,000 For greater than 5.7 pounds per hour NO, 1 . 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 NM $10,000 $20,000 $50,000 $50,000 N .J .A .C . 7:27-19.29(b)1 Submit Plan M $2,000 $4,000 $10,000 $30,000 N.J .A.C . 7:27-19.29(b)2and 3 Implement Plan NM $10,000 $20,000 $50,000 $50,000. N.J.A.C. 7:27-19.29(j) Submit Report M $2,000 $4,000 $10,000 $30,000 N.J.A.C. 7:27-19.29(k) Submit Permit Application M $2,000 $4,000 $10,000 $30,000 N.J.A.C. 7:27-19

.30(a) Submit Plan M $2,000 " $4,000 $10,000 $30,000 N.J.A.C. 7:27-19

.30(c) Submit Report M $2,000 $4,000 $10,000 $30,000 20.-32. (No change.) (n)-(t) (No change.)