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 .150 pounds/MMBtu''z 

0.250 pounds/MMBtuZ°3 

1 .20 pounds/MMBtu 

and 

90 percent reduction 

or 

0.60 pounds/MMBtu 

and 

70 percent reduction 

1 30-calendar-day rolling average basis 

z Or as specified in a permit if a more stringent limit is imposed due to SOTA or 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 .40 nor 40 CFR 60.40Da 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/K Wh). 

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 

90 percent 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 maximum emission 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 maximum emission 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 maximum emission 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 below compares 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 

No Applicable 40 CFR 60 .40 NSPS 

Federal Rules Subpart D 

Starting 9/19/78 

through 7/9/97 

40 CFR 60.40Da 

NSPS Subpart Da 

Starting 7/10/97 

Through 2/28/05 

40 CFR 60.40Da 

NSPS Subpart Da 

After 2/28/05 

40 CFR 60.40Da 

NSPS Subpart Da 

(CITE 40 N.J .R. 4430) NEW JERSEY REGISTER, MONDAY, AUGUST 4, 2008 
Proposed Emission 

Rates 

Coal: Coal: 

0.70 pounds/MMBtu 0.50-0.60 

pounds/MMBtu~ 

and 

65 percent reduction 

Oil : Oil : 

None 0 .30 pounds/MMBtu . 0.30 pounds/MMBtul 

and 

30 percent reduction 

Gas: Gas: 

0 .20 pounds/MMBtu 0.20 pounds/MMBtu' 

and 

25 percent reduction 

Coal: 1 .50 pounds/MWh2'5 

Heavier than No. 2 Oil : 2.00 pounds/MWh3s 

No. 2 and lighter Oil : 1 .00 pound/MWh3°s 

Gas: 1 .00 pound /MWh"~5 

' 30-day rolling average basis 

Z 1 .50 pounds/MWh is based on 0.15 pounds/MMBtu 

' 2 .00 pounds/MWh is based on 0.20 pounds/MMBtu 

4 1 .00 pound/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 new rules 

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 maximum emission 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) of SOz emission reductions ; and 788 tpy (2 .16 tpd) of NO, 

emission reductions by 2013. , 

The proposed maximum allowable emission rates are already being 

complied with by some of the affected boilers in New Jersey and are 

required to be complied with by other boilers by the ACD and 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 HEDD unit 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 of NO, 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 .0 pound/MWhl 

Reconstruction : 

1 .0 pound/MWhl 

. or 

0.11 pounds/MMBtu' 

Modification : 

1 .4 pounds/MWhl 

or 

0.15 pounds/1vIMBtu' 

the proposed new rules 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 of the 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 new rules 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 new rules, 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 New Jersey 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. 

HEDD Boilers 

Based on its review of 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 Steam Generators 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 maximum allowable 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 

maximum allowable NO, emissions rate of 2.00 pounds/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 

CFR 60.40 nor 40 CFR 60.40Da 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 0.30 pounds/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 

No Applicable Federal 

Rules 

Federal 

Regulations , None 

Proposed Maximum Allowable NO, Emission Rates for Boilers 

PROPOSALS 

The proposed maximum allowable 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 CFR 60 .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 

maximum allowable 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 of best 

available control technology (BACT) on the source, which would be 

capable of achieving the proposed maximum allowable NO, emission 

rates . 

Table 9 below compares the NO, emission limits imposed by Federal 

NSPS regulations with the Department's proposed maximum allowable 

NO, emission rates as applicable to boilers that were constructed, 

reconstructed or modified at various times . 

TABLE 9 

Comparison of Federal NO, Emission Limits and 

Starting 8/18/71 

through 9/18/78 

40 CFR 60.40 NSPS 

Subpart D 

Oil : 

0 .30 pounds/ MMBtu 

Gas: 

0 .20 pounds/ MMBtu 

Starting 9/19/78 

through 7/9/97 

40 CFR 60 .40Da NSPS 

Subpart Da 

Oil : 

0 .30 pounds/MMBtul 

and 

30 percent reduction 

Gas: 

0 .20 pounds/MMBtu' 

and 

25 percent 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 CFR 60.40Da 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. 2 Oil: 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 .20 pounds/MMBtu 

3 1 .00 pound/MWh is based on 0.10 pounds/MMBtu 

HF_DD Turbines 

Based on its review of 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 of the 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 maximum allowable 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 

maximum allowable N0, emission rates : 0 .75 pounds/MWh for gas-fired 

combined cycle turbines ; 1 .20 pounds/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.R 4432) NEW JERSEY REGISTER, MONDAY, AUGUST 4, 2008 
PROPOSALS 

60.330 nor 40 CFR 60.4300 applies to these turbines . It is difficult to 

determine whether the proposed maximum allowable 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 maximum allowable 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 

subject to subpart 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 CFR 60.4300, 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 of Federal 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 review under 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 below shows 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 

>50 and <850 MMBtu/hr: 1 .2 pounds/MWh or 25 ppm 

>850 MMBtu/hr : 0 .43 pounds/MWh or 15 ppm 

Reconstruction : 

>50 and 5850 MMBtu/hr: 2 .0 pounds/MWh or 42 ppm 

>850 MMBtu/hr : 0.43 pounds/MWh or 15 ppm 

Modification : , 

>50 and <_850 MMBtu/hr : 2.0 pounds/MWh or 42 ppm 

>850 MMBtu/hr: 0.43 pounds/MWh or 15 ppm 

Oil : 

Proposed Emission 

Rates 

Construction : 

<_50 MMBtu/hr : 5 .5 pounds/MWh or 96 ppm 

>50 and <_850 MMBtu/hr : 3 .6 pounds/MWh or 74 ppm 

>850 MMBtu/hr: 1 .3 pounds/MWh or 42 ppm 

Reconstruction : 

<_50 MMBtu/hr : 8 .7 pounds/MWh or 150 ppm 

>50 and <_850 MMBtu/hr: 4.7 pounds/MWh or 96 ppm 

>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 

(HEDD Turbines 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 allow the 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 maximum allowable 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 delay compliance . 

Finally, the proposed new rules 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 interim period 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 new rules and amendments suggest some emission reduction 

strategies . The proposed new rules and amendments do not require the 

reductions to come from any specific source, nor do they require any 

specific source to meet a given emission limit . There is no similar Federal 

regulation . 

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 . Therefore, the 

proposed new rules and amendments are necessary for the State to 

comply with Federal requirements. 

Technological feasibility of the proposed maximum allowable 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 from these proposed new rules 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 new rules 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 $600.00 to $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 of mostly 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 new rules and amendments will result in an emission reduction 

of 19 .8 tons per high electric demand day by 2009 and an emission 

reduction of 63.7 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 new amendments . A reduction in air pollution 

will lead to healthier and more productive workers . 

Finally, the Department is proposing these new rules 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 new rules 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 new rules 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 new rules 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, 2008 
PROPOSALS 

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 extra year 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 

maximum allowable emission rates proposed at proposed new N.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 below compares 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 

Maximum Allowable 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. 2 Fuel 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 25 to less than 50 MMBtu/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 $5,000 per 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 maximum allowable 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 CFR Part 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 from MSW 

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 maximum allowable 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 maximum allowable 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 SNCR system installed . 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 system on an MSW incinerator is approximately $1,500 

per MMBtu/hr, and the estimated cost to operate an SNCR system on 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 40 N.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, 40 CFR 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 new rules 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 new rules and amendments will achieve a 2,000-ton 

VOC emissions reduction by 2019, beyond the current Federal rules . This 

equates to a VOC emission 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 $29,000 per 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 maximum of $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 of the 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 Clean Air 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 EPA as being needed for New Jersey to attain the eight-hour 

ozone standard . Therefore, proposal of these new rules and amendments 

are necessary for the State to comply with Federal 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 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 new rules 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 new rules 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 new asphalt 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 new rules and amendments 

for boilers serving coal-fired electric generating units may have a slightly 

positive impact on jobs . Some long-term jobs may be created in order to 

operate and maintain the new control apparatuses and perform additional 

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. No job loss is expected to result from the proposed 

new rules and amendments . 

The Department anticipates the proposed new rules 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 new rules and 

amendments are already controlled to comply with existing state-of-theart requirements for new or 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 impact jobs . 

The Department anticipate$ little or no overall impact on jobs of the 

proposed new rules and amendments regarding HEDD units . A few longterm 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-term jobs will be 

created based on the need to design, manufacture and install new 

replacement turbines . Operation and maintenance of these new turbines 

should not have an impact on jobs because these turbines will be 

replacing existing turbines . 

The Department anticipates the proposed new rules and amendments 

for asphalt pavement production plants, sources with NO or VOC 

alternative maximum allowable 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 VOC stationary 

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 new air 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 of jobs. 

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, 2008 
The proposed new rules 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 New Jersey 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 new rules 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 new rules and amendments would 

have a positive impact on the agriculture industry . 

Regulatory Flexibility Analysis 

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 new rules 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 staff in order to 

comply with the proposed new rules 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 

New Jersey, 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 

medium sized 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, low NO, 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 low NO, 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 if they 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 new requirements either by installing controls or by using 

coatings with a maximum VOC 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 VOC specifications . 

The Department anticipates that no consultants would have to be hired 

to implement the best managem6nt practices or to generate the required 

best management practice records, and no new recordkeeping 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 New Jersey small businesses have boilers greater than 25 

MMBTU/hr and therefore would be impacted by the proposed new rules 

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 maximum allowable NO, emission rates are justified for 

these two businesses because their boilers can burn the equivalent of over 

175 gallons of oil per hour when operated at maximum capacity, causing 

significant NO, emissions . The health and environmental benefits of the 

estimated NO, emission reductions justify the expected moderate 

compliance cost . The proposed new rules 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 maximum allowable 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 new rules 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 . No further exemption from coverage can be provided to small 

businesses, if the full effect of these new rules 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 new amendments 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 new rules 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 new rules 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 new rules 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 new rules 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 

allow more 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 . 

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powerpoint presentation by Robert Ferry at the April 7, 2005 Safe Tank 

Workshop in Richmond, CA. This presentation is available at the Bureau of 

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http ://www .state .ni .us/dep/airworkgroups/docs/2006reduc inrair.pdf. 

NJDEP 2006 Pollutants Report: New Jersey Department of Environmental 

Protection, Bureau of Air Monitoring, 2006, "Air Pollutants and their Health 

Effects." http ://www.state .ni .us/dep/airmon/heappa7e htm. 

OTC February 2007 Proposal : Ozone Transport Commission (OTC), 

Identification and Evaluation Candidate Control Measures, Final Technical 

Support Document, OTC Control Measures, February 28, 2007 . 

OTC Resolution 06-02: "Resolution 06-02 of the Ozone Transport 

Commission Concerning Coordination and Implementation of Regional 

Ozone Control Strategies for Certain Source Categories," June 7, 2006 . (CITE 40 N.J.R. 4438) NEW JERSEY REGISTER, MONDAY, AUGUST 4, 2008 
PROPOSALS 

OTC Resolution 06-02 Addendum : "Addendum to Resolution 06-02 of the 

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/environmentaLmanagement/air/ 

air_ ~~ali_7 _-t" ,_

----n'°n~-

t°rme/air_pollutants/mtroeen-ox~des/. 

San .loaquin 2005 Report: San Joaquin Valley Unified Air Pollution Control 

District Final Draft Staff Report, Proposed Amendments to Rule 4623 

(Storage of Organic Liquids), May 19, 2005 . 

SCAQMD Rule 1178 : South Coast Air Quality Management District Rule 

1178, "Further Reductions of VOC Emissions from Storage Tanks at 

Petroleum Facilities (Adopted December 21, 2001) (Amended April 7, 2006 .) 

South Coast 1987 Report : SCAQMD, Staff Report 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 from Storage Tanks at Petroleum Facilities, December 11, 2001 . 

TCEQ Chapter 115 : Texas Commission of Environmental Quality (TCEQ) 

regulations Chapter 115, "Control of Air Pollution from Volatile Organic 

Compounds." http~//www tceo state tx us/assets/public/legal/rules/ 

rule _lib/adoptions/06038115_ado-clean .pdf. 

TCEQ Chapter 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 2006 Report: Extraordinary Road Trip (XRT) Research Lab, "Ozone -

Health and Environmental impacts of Ground-level Ozone," 

httn //www extraordinarvroadtrip orc/research-library/ 

air pollution/understandin g -air-polluon/ozone/health .asu . (Modified 

December 14, 2006 .) 

Full text of the proposal follows (additions indicated in boldface thus ; 

deletions indicated in brackets [thus]) : 

CHAPTER 27 

AIR POLLUTION CONTROL 

SUBCHAPTER 4. CONTROL AND PROHIBITION OF PARTICLES 

FROM COMBUSTION OF FUEL " 

7 :27-4 .1 Definitions ' 

The following words and terms, when used in this subchapter, shall 

have the following meanings unless the context clearly indicates 

otherwise . 

. ."Construct" or "construction" means to fabricate or erect 

equipment or control apparatus at a facility where it is intended to be 

used, but shall not include the dismantling of existing equipment or 

control apparatus, site preparation, or the ordering, receiving, 

temporary storage, or installation of equipment or control apparatus. 

Unless otherwise prohibited by Federal law, this term shall also not 

include the pouring of footings or placement of a foundation 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 term shall 

not include normal repair and maintenance. A modification may be 

incorporated into an operating permit through a significant 

modification, a minor modification, or a seven-day-notice change. 

~ . ."Reconstruct" or "reconstruction" means the replacement of 

part(s) of equipment included in a process unit, or the replacement of 

part(s) of control apparatus, if the fixed capital cost of replacing the 

part(s) exceeds both of the following amounts: 

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

construct a comparable new process unit; or, if it is part(s) of control 

apparatus that is being replaced, 50 percent of the fixed capital cost 

that would be required to construct comparable new control 

apparatus ; and 

2. $80,000, in 1995 dollars, adjusted by the Consumer Price Index 

(CPI). 

7:27-4 .2 Standards for the emission of particles 

(a) On and after (the operative date of these amendments), this 

subsection shall not apply to any coal-fired boiler that is regulated by 

(b) below. On and after December 15, 2012, this subsection shall not 

apply to any coal-fired boiler that is regulated by (c) below. No person 

shall cause, suffer, allow or permit particles arising from the combustion 

of fuel to be emitted from any stack or chimney into the outdoor air in 

excess of the maximum allowable emission rate set forth in the following 

table. For a heat input rate between any two consecutive rates shown, the 

maximum allowable emission rate shall be determined by interpolation : 

Heat Input Rate Maximum Allowable 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 sum of the heat input rates of all fuel 

burning equipment discharging through a single stack or chimney . 

(b) The owner or operator of any coal-fired boiler or any 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 CFR 52.21, incorporated herein by reference, as applicable. 

(c) The owner or operator of a coal-fired boiler, other than those 

listed in (b) above, that is in operation prior to (the operative date of 

this amendment) : 

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 . SULFUR IN SOLID FUELS 

7:27-10 .1 Definitions 

The following words and terms, when used in this subchapter, shall 

have the following meanings, unless the context clearly indicates 

otherwise . 

"Calendar day" means the 24-hour period from 12 :00 midnight to 

12:00 midnight the following day. 

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

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

A.M. 

"30-calendar-day rolling average emission rate" means the 

average emission rate over 30 consecutive calendar days determined 

pursuant to N.J.A.C. 7:27-10 .5. 

"24-hour emission rate" means total emissions in a calendar day 

determined pursuant to N.J .A .C. 7:27-10.5 . 

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 New Jersey, 

solid fuel which contains sulfur in excess of the percentages by weight set 

forth in Table 1, except as provided otherwise in this Subchapter. 

(b) [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 BURNING UNITS 

Type Fuel Maximum Allowable Percent Sulfur by Weight 

(Dry Basis) 

Zone One Zone Two Zone Three Zone Four 

Anthracite Coal 0.8 0 .8 0 .8 0.8 

or Coke 

All other solid 1 .0 1 .0 0 .2 0.2 

Fuels 

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 BURNING UNITS 

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 maximum allowable percent sulfur by 

weight as set forth in Table 1 cannot be used in a specific steam 

generating unit may submit data to the Department setting forth 

justification for a less restrictive percent of sulfur content by weight 

in bituminous coal . The Department may authorize the use of a less 

restrictive percent of sulfur by weight in bituminous coal . Any less 

restrictive percent of sulfur content by weight in bituminous coal 

authorized by the Department shall not exceed 1 .5 percent, except as 

provided in (f) below. 

(f) [The] On and before December 14, 2012, the Department may 

authorize the use of bituminous coal not exceeding a maximum sulfur 

content of 3 .5 percent by weight (dry basis) at existing facilities in Zone 

One if: 

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 from the 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 accordance with N.J.A.C . 7 :27-10.5. 

(i) Any source that combusts solid fuel, and that is constructed, 

installed, reconstructed or modified, is also subject to state-of-the-art 

requirements at N.J .A .C . 7:27-8.12 and 22 .35, lowest achievable 

emission rate requirements at N.J.A .C. 7:27-18, and best available 

control technology requirements at 40 CFR 52 .21 incorporated 

herein by reference, as applicable . 

(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 S02 Emissions Monitoring System, a certified continuous 

oxygen emissions monitoring system, and EPA Method 19, 

"Determination of Sulfur Dioxide Removal Efficiency and 

Particulate Matter, Sulfur Dioxide, and Nitrogen Oxide Emission 

Rates," as identified at 40 CFR Part 60, Appendix A, incorporated 

herein by reference . An owner or operator may seek approval of an 

alternative Department approved method to use instead of EPA 

Method 19, only if the owner or operator is combusting clean, 

unprocessed wood, in which case the owner or operator shall submit 

a written application to the Department at the address at (c) 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 4:00 A.M. and did not 

operate from 4:00 A.M. to midnight, the 24-hour emission rate is 

calculated by adding the total of the emissions from the four onehour blocks from midnight to 4:00 A.M. and dividing that sum by 

four . 

(b) For purposes of N.J.A.C. 7 :27-10 .2(h), a 30-calendar-day 

rolling average emission rate shall be calculated as follows : 

1 . Pursuant to (a) above, determine the 24-hour emission rates for 

30 consecutive calendar days; 

2 . Divide the sum of the 24-hour emission rates by the total 

number of days on which the source was operated, during the 30-

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

calendar-day rolling average emission rate for the 30th day; 

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

for each subsequent calendar day pursuant to (b)1 and 2 above; 

and 

4 . Any calendar day during which no combustion of solid fuel 

occurred shall not be included in the 30-calendar-day rolling average 

emission rate. For example, if a source did not combust solid fuel 

during two calendar days of a 30-calendar-day rolling average 

emission rate period, the 24-hour emission rates of the 28 days 

during which emissions occurred would be used to determine the 30-

calendar-day rolling average emission rate. The total emissions for 

the 28 days would be divided by 28, not 30. 

(c) The owner or operator submitting a written application to the 

Department pursuant to (a)1 above shall submit the application to 

the following address: 

Assistant Director, Air Quality Permitting Element 

Division of Air Quality 

New Jersey Department of Environmental Protection 

401 East State Street 

PO Box 027 

Trenton, NJ 08625-0027 

SUBCHAPTER 16 . CONTROL AND PROHIBITION OF AIR 

POLLUTION BY VOLATILE ORGANIC 

COMPOUNDS 

7 :27-16.1 Definitions 

The following words and terms, when used in this 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 from the 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 from the 

API, at the address in the definition of "API" above. 

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

plant or drum mix asphalt plant operated to manufacture asphalt 

pavement. 

. . "Authorized inspection agency" means any one of the following 

that employs an authorized inspector: 

1 . An insurance company that is licensed or registered in New 

Jersey to write aboveground storage tank insurance ; 

2 . An owner or operator of one or more aboveground storage 

tanks; or 

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 the volume of a tank, as shown in the permit, or 

the tank manufacturer's specifications if a tank does not have a 

permit, or as determined by Department's measurements. 

"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, EPA SW846 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 

from the National Technical Information Service, U.S . Department 

of Commerce, 5285 Port Royal Road, Springfield, Virginia 22161 ; 

phone number 1-800-553-6847 . NJDEP Method OQA-QAM-025 

Reference 6 is available on the Department's website at 

www.ni .aov/dep/oga/bboard.html. Test Method ASTM E 260-85 is 

available from the American Society for Testing and Materials 

(ASTM), 100 Barr Harbor Drive, Post Office Box C700, West 

Conshohocken, PA 19428-2959 or from its website at 

www.astm.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 term includes, but is not limited to, cedar, 

plywood or redwood stocks, composition hard boards, particle 

boards, plywood panels, and any other panels or siding constructed 

of solid wood or a wood-containing product. This term excludes 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 from the earth and that 

has not been processed in a refining operation . 

. . ."Deck fitting" means a functional or operational device on a tank 

floating roof that substantially closes or seals a penetration in the 

deck of the floating roof including, but not limited to, any access 

hatch, fixed roof support column and well, gauge float, gauge hatch, 

sample port, guidepole, ladder and well, rim vent, roof drain, roof 

leg, and vacuum breaker, and excluding the rim seal system. 

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

storage tank in preparation for human entry. 

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

top of an external floating roof tank to reduce evaporative losses . 

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

affixed to the shell of the tank. 

["Fountain solution" means an aqueous solution used in graphic arts 

operations to dampen the plate and prevent the non-image areas of the 

plate from accepting 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 gauge well 

in the tank 

"Gauge hatch/sample ports" means a port that consists -of_a pipe 

sleeve equipped with a self-closing gasketed cover (to reduce 

evaporative losses) and allows hand-gauging or sampling of the 

stored liquid . The gauge hatch/sample port is usually located beneath 

the gauger's platform, which is mounted on top of the tank shell. A 

cord may be attached to the self-closing gasketed cover so that the 

cover can be opened from the platform. 

"Graphic arts operation" means the application of one or more surface 

coating formulations across portions of a surface using one or more 

letterpress, lithographic, rotogravure or flexographic printers used to 

produce published material and packaging for commercial or industrial 

purposes, or any letterpress, lithographic, rotogravure or flexographic 

printers used to produce vinyl or urethane coated fabric or sheets, or any 

sheet-fed gravure, screen printing, or fabric printing operations together 

with any associated drying or curing areas . A single graphic arts 

operation ends after drying or curing and before other surface coating 

formulations are applied. For any web line, this term means an entire 

application system, including any associated drying ovens or areas 

between the supply-roll and take-up roll or folder. This term does not 

include any surface coating operation . , 

"Guidepole" means an anti-rotation device that is fixed to the top 

and bottom of a tank, passing through a well in a floating roof. A 

guidepole may be solid or be equipped with slots or holes for gauging 

purposes provided the guidepole is equipped with an appropriate 

sealing device that prevents openings that expose the stored liquid to the atmosphere. 

"Heatset 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 bottom of 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 . 

"Maximum operating 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 

maximum operating level is equal to tank capacity . 

"Mechanical shoe seal" means a metallic sheet (the shoe) that is 

held vertically against the vertical tank wall . The shoe is connected 

by braces to the floating roof and is held tightly against the wall by 

springs or weighted levers . A flexible coated fabric (envelope) is 

suspended from the shoe seal to the floating roof to form a vapor 

barrier over the annular space between the roof and the primary 

seal. 

"Mixing vessel" means, with respect to a surface coating operation 

or graphic arts operation, any equipment used to develop coatings 

containing VOCs that involves blending two or more input streams . 

"Modify" or "modification" means any physical change in, or 

change in the method of operation of, existing equipment or control 

apparatus that increases the amount of actual emissions of any air 

contaminant emitted by that equipment or control apparatus or that 

results in the emission of any air contaminant not previously emitted. 

This term shall not include normal repair and maintenance . Also, for 

the purposes of this definition, "air contaminant" shall have the 

meaning of "category of air contaminants" in a case where the 

regulatory limit is placed on a grouping of contaminants (such as 

VOCs) rather than on a single species of contaminant. 

"Non-contact floating roof" means a roof that is located inside an 

internal floating roof tank that is supported on pontoons several inches above the liquid surface. 

"Organic liquid" means any liquid that contains volatile organic 

compounds (VOCs) including, but not limited to, crude oils and _ 

petroleum distillates. 

"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, 2008 
PROPOSALS 

"Pole sleeve" means a device that extends from either the cover or 

the rim of an opening in a floating roof deck to the outer surface of a 

pole that passes through the opening. 

"Pole wiper" means a seal that extends from either the cover or 

the rim of an opening in a floating roof deck to the outer surface of a 

pole that passes through the opening. 

. "Pressure-vacuum vent" means a vent that is used to minimize 

tank emissions due to breathing effects . 

"Pressure vessel" means a tank, reservoir, or container that is 

capable of maintaining working pressures sufficient to prevent 

organic liquid loss or VOC loss to the atmosphere at all times. 

1 . ."Primary seal" means a seal mounted below a secondary seal of a 

rim seal system that consists of two seals . A primary seal, which is in 

contact with the floating roof tank shell, can be either mechanical 

shoe, resilient filled, or wiper type . 

- . ."Resilient filled primary seal" means an envelope filled with 

resilient foam (non-metallic polyurethane) mounted at the rim of the 

floating roof that makes contact with the shell . A resilient filled 

nonmetallic primary seal can be liquid-mounted or vapor-mounted. 

"Resilient-toroid-type" seal means a core of open-cell foam 

encapsulated in a coated fabric that is attached to a mounting on the 

deck perimeter, and is continuous around the floating roof 

circumference. 

"Rim mounted secondary seal" means a secondary seal mounted 

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

secondary seals are effective at reducing losses from the primary seal 

fabric. 

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

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

consist of two seals, one above the other. The lower seal is referred to 

as the primary seal and the upper seal is referred to as the secondary 

seal. 

"Rim vent" means a vent used on tanks equipped with a seal 

design, such as a mechanical shoe seal, that creates a vapor pocket in 

the seal and rim area. The vent is used to release excess pressure or 

vacuum that is present in the vapor space bounded by the primaryseal shoe, the floating roof rim, the primary seal fabric, and the 

liquid level . A rim vent usually consists of a weighted pallet that rests 

on a gasketed cover . 

"Roof drain" means a drain that permits the removal of rainwater 

from the surface of external floating roofs . A roof drain may be a 

closed drainage system that carries rainwater from the surface of the 

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

consisting of an open pipe that extends a short distance below the 

bottom of the deck allowing rainwater to drain from the surface of 

the floating roof into the organic liquid contents of the tank. 

"Roof landing" means an event where the liquid level in a floating 

roof tank is lowered to the point where the floating roof is resting on 

its legs or is supported from above by cables or hangers, and is no 

longer floating on the surface of-the stored liquid . 

"Roof leg" means an adjustable or fixed leg that is attached to the 

floating roof deck to support or hold the floating roof deck at a 

predetermined distance off the tank bottom to prevent damage to the 

fittings located underneath the deck and to allow for tank cleaning or 

repair. For adjustable legs, the load-carrying element passes through 

a well or sleeve in the deck. 

"Roof opening" means any opening through a floating roof of a 

storage tank for any deck fitting . 

"Secondary seal" means a seal mounted above the primary seal of 

a rim seal system that consists of two seals . Secondary seals can be 

shoe mounted or rim-mounted . 

"Sheet-fed offset lithographic printing" means a 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 reducing vapor losses from the 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 from all operations within the county; and 

2. Does not engage in refining, transportation, or marketing of 

refined petroleum products . 

"Tank battery" means, for crude oil production facilities, an 

aggregation of two or more tanks where the tanks are located so that 

no one tank is more than 150 feet from another tank as measured 

from the closest tank edges, and the tanks are located in the same 

crude oil production field . "Tank battery" means, for non-crude oil 

production facilities, an aggregation of two or more tanks located 

within the same facility, regardless of the distance of the tanks from 

each other . 

. ' ."Tileboard" means an interior wall paneling product made of 

hardwood that is designed for use in high moisture areas, such as 

kitchens and bathrooms. 

. , .`°True vapor pressure" or "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. 

"Vacuum breaker" means a device used to equalize the pressure 

of the vapor space across the floating roof deck as the deck is either 

being landed on or floated off its legs . A vacuum breaker consists of a 

well with a cover . Attached to the underside of the cover is a guided 

leg long enough to contact the tank bottom as the floating roof is 

being landed. When in contact with the tank bottom, the guide leg 

mechanically lifts the cover off the well. 

"Visible gap" means an opening that exceeds 0.060 inch . 

"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 rim space and contacts the tank shell. A wiper seal system 

may consist of a single primary seal, or dual (multiple) seals where 

one seal is mounted above the other. 

["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] VOC stationary 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 maximum capacity of 2,000 gallons (7,570 liters) or greater and 

is exposed to the rays of the sun unless : 

i . (No change.) 

NEW JERSEY REGISTER, MONDAY, AUGUST 4, 2008 (CITE 40 N.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 maximum capacity of 10,000 gallons (37,850 liters) or greater 

unless, in addition to meeting the requirement in (b)1 above, such 

stationary storage tank is equipped with control apparatus as determined 

in accordance with the procedures for using Table 2A or as approved by 

the Department as being equally or more effective in preventing the 

emission of a VOC into the outdoor atmosphere. 

Procedure for Using Table 2A 

(No change .) 

TABLE 2A 

(No change.) 

(c) (No change .) 

(d) No person shall cause, suffer, allow, or permit the storage of any 

VOC in any stationary storage tank subject to the provisions of either (b) 

above in Ranges II and III or (c) above and equipped with gauging and/or 

sampling systems unless such systems are [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, if the 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 of VOC emissions to the outdoor atmosphere[ .] ; or 

iii. A pressurized storage tank designed to operate in excess of 15 

pounds per square inch gauge (psig) without any emissions to the 

atmosphere except under emergency conditions. 

2. Any 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 

from complying with (1)Ii below if the operator has demonstrated to 

the Department that in order to properly bolt the covers for access 

hatches and gauge float wells, a flange or other comparable device 

must be welded to the fitting. 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 below while 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 VOC emissions 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 below shall be exempt from (1)13 below. 

8 . Any tank at (b) above is exempt from the leak-free condition at 

(d) above when gauging or sampling is taking place. In addition, a 

floating roof tank, is exempt from the leak-free condition at (d) above 

when the condition at (q)lvi below is 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 40 N.J.R. 4444) 

PROPOSAL'. 

the Department as being equally or more effective in preventing thc 

emission of any 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 maximum capacity of 20,000 gallons (75,700 

liters) or greater is equipped with a double seal-envelope combination or 

equipment approved by the Department as being equally or more 

effective in preventing the emission of any VOC into the outdoor 

atmosphere . For the secondary seal, the gap area of gaps exceeding oneeighth inch (0 .32 centimeters) in width between the seal and the tank wall 

shall not exceed 1 .0 square inch per foot (6 .5 square centimeters per 0.3 

meters) of tank diameter. Any secondary seal shall be intact, with no 

visible holes, tears or other openings . The requirements of this 

subsection shall remain in effect for any such tank until the rim seal 

system requirements at (1)3 below become effective for that tank. 

(i) [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 

from any storage tank pursuant to this section shall maintain, for each 

tank, records specifying each VOC stores and the vapor pressure of each 

VOC at standard conditions .] (Reserved) 

(1) No person shall cause, suffer, allow, or permit the storage of 

any VOC in any stationary storage tank unless the provisions of this 

subsection are met. 

1 . The owner or operator of an external floating roof tank in 

Range III shall, no later than (120 days after the operative date of 

these amendments) 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 rim vent. Rim vents shall be closed at all times, 

with no visible gaps, when the roof is floating ; and shall be set to 

open only when the roof is being floated off the roof leg supports or 

when the pressure beneath the rim seal exceeds the manufacturer's 

recommended setting ; 

v . Gasket each vacuum breaker. Vacuum breakers shall be closed 

at all times, with no visible gaps, when the roof is floating; and shall 

be set to open only when the roof is being floated off or is being 

landed on the roof leg supports; 

vi. Equip each roof drain with a slotted membrane fabric cover or 

other device with an equivalent control efficiency that covers at least 

90 percent of the area of the opening. The fabric cover shall be 

impermeable if the liquid is drained into the contents of the tank; 

vii. Equip each unslotted guidepole well with a gasketed sliding 

cover and a flexible fabric sleeve or wiper; 

V iii . 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 

i 
PROPOSALS 

xi . Cover each slotted guidepole opening with a gasketed cover at 

all times, with no visible gaps, except when the cover must be opened 

for access ; 

, xii. Maintain the pole float in a condition such that it floats within 

the guidepole at all times except when it must be removed for 

sampling or when the tank is empty; 

xiii . Except for vacuum breakers and rim vents, ensure that each 

opening in the external floating roof shall provide a projection below 

the liquid surface ; and 

xiv . Except for vacuum breakers, rim vents, roof drains, and leg 

sleeves, equip all other openings in the roof with a gasketed cover or 

seal that is closed at all times, with no visible gaps, except when the 

cover or seal must be opened for access. 

2. In lieu of complying with the requirement of no visible gap at 

(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 rim seal system meeting the following requirements prior 

to the initial fill if the tank was constructed on or after (the operative 

date of these amendments), 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 of these 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 maximum gap 

between the shoe and the tank shell is no greater than doubled the 

gap allowed by the seal gap criteria specified in (1)3iii above for a 

length of at least 46 centimeters (18 inches) in the vertical plane 

above the liquid surface;~ -'- . 

vii . The primary seal envelope shall be made 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) below that 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 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 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 minimum vertical distance of 15 centimeters 

(six inches) above the stored organic liquid surface and the other end 

extend into the liquid a minimum of 10 centimeters (four inches) ; and 

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 rim seal system consisting 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 roof tank 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 system consisting 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 of 15 centimeters (six inches) 

above the stored organic liquid surface and the other end extend into 

the liquid a minimum of 10 centimeters (four inches) ; 

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 after June 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 40 N.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 foam wipers with vapor curtain ; or 

v . An alternative rim seal system, if it is demonstrated to the 

Department that the alternative rim seal system is better in 

performance than the rim seal systems at (1)9i through iv above and 

has a rim seal emission factor that is less than the rim seal 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 rim seal systems at (1)l0i and ii above, and has 

a rim seal emission factor that is less than the rim seal systems at 

(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 from this 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 of filling, emptying, or refilling shall be 

continuous and shall be accomplished as rapidly as possible ; and 

2 . Any in-service roof landing shall be with the landed height of 

the floating roof at its minimum setting . 

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

tank: 

1 . When the roof is resting on its leg supports or suspended by 

cables or hangers, the process of filling, emptying, or refilling shall be 

continuous and shall be accomplished as rapidly as possible ; and 

2. After the tank is refilled after being degassed for the first time 

after (the operative date of these amendments), any in-service roof 

landing shall be with the landed height of the floating roof at its 

minimum setting. 

(p) The owner or operator of any floating roof tank, not exempt 

pursuant to (f)6 above, used to store a VOC shall: 

1 . Submit a complete facility-wide tank VOC control plan to the 

Department for approval at the address listed at (v) below as follows : 

i . For any floating roof tank not exempt pursuant to (f)6 above, 

and existing as of (the operative date of these amendments), 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 of the 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 below or (p)2i and iii 

below, as applicable : 

i . A list of each tank at the facility and the following for each tank : 

(1) The tank type ; 

(2) The tank volume; 

(3) The tank diameter; 

(4) The tank contents ; 

(5) The permit activity number; 

(6) Any other identifying numbers ; and 

(7) The Bureau of Release Prevention schedule for tank 

inspection ; 

ii . A schedule to implement one or more of the following emission 

controls, which must be implemented by (10 years after the operative 

date of these amendments) . This schedule shall be consistent with the 

facility's schedule for tank removal from service for normal 

inspection and maintenance and with the facility's schedule for the 

installation of any new tank(s) : 

(1) A tank configuration such that the bottom of the roof deck can 

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

of the tank floor; 

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

control device with a control efficiency of at least 90 percent, from 

the time the roof is landed until it is within 10 percent by volume of 

being refloated ; or 

(3) Other measures approved by the Department as being equally 

or more effective in preventing VOC emissions to the outdoor 

atmosphere ; and 

iii . An emissions averaging plan to operate all Range III floating 

roof tanks that store gasoline, except those tanks exempt pursuant to 

(f)6 above, such that their average annual roof landing VOC 

emissions, as calculated in accordance with Chapter 7.1 .3 .2 .2 "Roof 

Landings" of AP-42, as supplemented or amended and incorporated 

herein by reference, or as calculated using another method approved 

by the Department in accordance with (v) below, and after applying 

any applicable control efficiencies, is less than : 

(1) Five tons per tank per calendar year from 2011 through 2013; 

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

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

2019; and 

(4) Two tons per tank per calendar year in 2020 and subsequent 

years . 

(CITE 40 N.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 

-"30 shall 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 of the VOC liquid ; 

ii. Minimize VOC vapors in the tank vapor space by one of the 

following methods: 

--(1) Exhaust VOCs contained in the tank vapor space to a vapor 

'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 system rated at a minimum 95 percent efficiency by filling the 

tank with a suitable liquid until 90 percent or more of the maximum 

operating level of the tank is filled. Suitable liquids are organic 

liquids having a TVP of less than 0.5 psia, water, clean produced 

ater, or produced water derived from crude 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 outflow of water and floating 

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

displaced ; 

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

vapor space to a vapor control system that is leak-free ; 

iv. As appropriate, temporarily remove for no longer than one 

hour, a suitable tank fitting, such as a manway, to facilitate 

connection to an external vapor control system; and 

v. Drain and refill a floating roof tank as a continuous process as 

rapidly as practicable while the roof is not floating on the surface of 

the stored liquid . 

2. The owner or operator shall clean a tank storing a VOC with 

vapor pressure equal to or greater than 0 .5 psia at standard 

conditions only if: 

i . At least one of the following cleaning agents is used: 

(1) Diesel fuel; 

(2) A solvent with an initial boiling point of greater than 302 

degrees Fahrenheit; 

(3) A solvent with a vapor pressure less than 0.5 psia; 

(4) A solvent with 50 grams per liter VOC content or less ; or 

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

ii . Steam cleaning is performed . 

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

removed from a tank that stores a VOC with a vapor pressure equal 

to or greater than 1 .5 psia at standard conditions by: 

i . During sludge removal, controlling emissions from the receiving 

vessel by operating a vapor control system that reduces VOC 

emissions by at least 95 percent; 

ii . Transporting removed sludge in leak-free containers ; 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 VOC stationary 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" of the 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 section J "Comments" of the Inspection Form; 

3 . Annually inspect the ground level periphery of each tank for 

possible leaks in the tank shell. Complete section D "Ground Level 

Inspection" of the Inspection Form; 

4 . Annually complete all necessary calculations and record all 

required data accordingly in the Inspection Form and Fugitive 

Emissions Form at N.J.A .C. 7 :27-16 Appendix 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 

vacuum breakers. Indicate presence of any tears in the fabric of both 

seals . Record the findings under section F of the Inspection Form; 

ii. Annually, inspecting the deck fittings for visible gaps using the 

1/8 inch probes, or inspecting the deck fittings for a leak-free 

condition using EPA Method 21 set forth at 40 CFR Part 60 

Appendix A, as supplemented or amended and incorporated herein 

by reference or, instead of EPA Method 21, using another method 

approved by the Department. Record any leaks above 500 ppm in the 

Fugitive Emissions Form; 

iii . Annually, inspecting the entire secondary seal for the gap 

requirements at (1)3iv above using the 1/8 inch and 1/2 inch 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 of the Inspection Form; 

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

of the operative date of these new rules, demonstrate compliance with 

(1)5 above, 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)6 above; 

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 relief valves and all other valves, 

to ensure they are leak-free using EPA Method 21 set forth at 40 

CFR Part 60 Appendix A incorporated herein by reference, or using 

another method approved by the Department. Record any readings 

in excess of 500 ppm in the Fugitive Emissions Form; 

10 . The owner or operator of any VOC stationary storage tank 

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 VOC stationary storage tank shall 

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

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

ii . If the tank is not degassed, within 45 days after discovery of the 

needed repair or replacement. 

(s) The owner or operator shall maintain on-site, for each tank, for 

the time period specified at N.J.A.C . 7:27-16 .22(a), unless another 

time period is specified below: 

1 . Records that specify each VOC stored and the vapor pressure of 

each VOC at standard conditions ; 

2. For the owner or operator of a floating roof tank, records of the 

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

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

implemented all control measures pursuant to the tank VOC control 

plan submitted pursuant to (p) above, or if a floating roof tank is 

exempt pursuant to (f)5 above, the records of each floating roof 

landing event including, but 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 of the 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 from the tank or the oxidizer ; 

2 . For a vapor control system that uses carbon or other adsorptive 

material, the owner or operator shall record the following on a 

continuous basis or at a frequency approved in writing by the 

Department: 

i . The concentration of the total applicable VOCs in the flue gas 

emitted to the outdoor atmosphere; or 

ii . Provided that the owner or operator confirms daily that the 

automatic switching <between carbon beds is functioning in 

accordance with permit conditions, the date of carbon bed 

replacement ; and upon request of the Department, any other 

operating parameter relevant to the prevention or control of air 

contaminant emissions from the tank or the adsorber ; and 

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

Department, any operating parameter relevant to the prevention or 

control of air contaminant emissions from the tank or that vapor 

control device . 

(u) If, during an inspection required at (r) above, or at any other 

time, the owner or operator determines that a tank does not comply 

with (1) above, the owner or operator shall submit a written report to 

the Department including the cause of the non-compliance, corrective 

actions to achieve compliance and measures taken to prevent a 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 . A description of the proposed alternate method; 

ii . The parameters in the alternate method; and 

iii. Supporting documentation that justifies the use of the alternate 

method; and 

2 . Submit a complete application in writing to the Department at : 

Assistant Director, Air Quality Permitting Element 

Division of Air Quality 

New Jersey Department of Environmental Protection 

401 East State Street 

PO Box 027 

Trenton, NJ 08625-0027 

7 :27-16 .3 Gasoline transfer operations 

(a)-(h) (No change .) 

(i) The owner or operator of a gasoline dispensing facility shall 

perform the following tests : 

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

system is performing properly, as follows : 

i . (No change .) 

ii . The tests required to be performed pursuant to (i)li above shall be 

conducted utilizing the applicable CARB test method cited in Table 3A 

(except that the Static Pressure Performance Test shall be modified as 

indicated in Table 3A) which are incorporated herein by reference or 

utilizing some other method approved by the Department and USEPA. A 

copy of any CARB procedure cited in Table 3A may be downloaded 

from CARB's website at 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 

PO Box 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 from the Department at the following address : 

New Jersey Department of Environmental Protection 

Bureau of Technical Services 

PO Box 437 

[380 Scotch Road] 

[West] Trenton, NJ [08525-0437] 08625-0437 

iv.-v . (No change .) 

2.-3 . (No change .) 

Table 3A 

(No change.) 

(j)-(s) (No change.) 

7:27-16 .7 Surface coating and graphic arts operations 

(a)-(d) (No change .) 

(e) The provisions of (c) and (d) above and (h), (i), [and] (j) and (r)1 

below shall not apply to any individual surface coating or graphic arts 

operation in which the total surface coating formulations containing VOC 

are applied : 

1 .-2 . (No change .) 

(f) The owner or operator of any automobile or light duty truck surface 

coating operation may, as an alternative to complying, pursuant to (c) 

above, with the content limits set forth in Table 7A, comply with the 

provisions of Table 7C pertaining to spray prime and spray topcoat 

surface coating formulations, provided that the transfer efficiency of the 

(CITE 40 N.J .R. 4448) NEW JERSEY REGISTER, MONDAY, AUGUST 4, 2008 
PROPOSALS 

spray coating operation is determined in accordance with a method 

approved by the Department and the EPA. 

TABLE 7A 

(No change.) 

TABLE 7B 

MISCELLANEOUS SURFACE COATING OPERATIONS 

CONTROL CRITERIA AND COMPLIANCE DATES 

Maximum Allowable VOC 

Content per Volume of 

Coating (minus water) 

Final 

Pounds per Kilogram per Compliance 

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, AND FLEXOGRAPHIC SOURCE 

OPERATIONS [EXCEPT SCREEN PRINTING OPERATIONS] 

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] (VOC plus water) as 

applied. 

25.0 [%] percent 

[Basis] [Control criteria] 

Surface coating formulations Z Maximum [Allowable] 

that do not contain water . allowable VOC [Content] 

Part C 

2 .9 0.35 

[Fountain solutions :] [5 .0%, if the temperature of the 

fountain solution is 55°F or less ; 

or 

3.0%, if the temperature of the 

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' Maximum allowable 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 FOR FABRIC PRINTING SOURCE 

OPERATIONS 

Basis Control Criteria 

Surface coating formulationsZ Maximum allowable volume 

that contain water: percent VOC in volatile 

fraction of surface coating 

formulations (VOC plus water) 

as applied. 

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

25.0 percent 

Surface coating formulationsZ Maximum allowable VOC 

that do not contain water: content per volume of surface 

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 after July 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) (No change.) 

(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 from being 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 [from a flexographic 

printing operation], including from associated dryers, and prevents from 

being discharged into the outdoor atmosphere : 

i . At least 95 percent by volume of the VOC collected on an hourly 

basis if a thermal oxidizer is used to control emissions[, except as 

provided in (p) below] ; or 

ii . At least 90 percent by volume of the VOC collected on an hourly 

basis if a carbon adsorption system or any other control device is used to 

control emissions[;] . 

3 . For any rotogravure, sheet-fed gravure, or flexographic 

printing operation installed or modified on or after May 1, 2010, 

neither (h)1 nor 2 above shall apply; the operation shall install and 

use control apparatus that collects at least 85 percent by volume of 

the source gas emitted from the operation, including associated 

dryers, and prevents from being discharged into the outdoor 

atmosphere: 

i . At least 95 percent by volume of the VOC collected on an hourly 

basis if a thermal oxidizer is used to control emissions ; 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 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 [(r)] (p) below; or 

ii . At least 90 percent by volume of the VOC collected on an hourly 

basis if a carbon adsorption system or any other control device is used to 

control emissions[; 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 [from a screen printing operation] and prevents from 

being discharged into the outdoor atmosphere : 

i .-ii . (No change.) 

(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]4 above. 

(q) (No change.) 

(r) The owner or operator of a letterpress printing operation and 

the owner or operator of a lithographic printing operation shall 

comply with the following : 

1 . On and after May 1, 2010, any heatset web lithographic printing 

operation or heatset letterpress printing operation shall : 

i. Achieve greater than 95 percent control of VOC emissions from 

the dryer; or 

ii . Achieve less than 20 parts per million by volume as equivalent 

hexane emitted from the dryer on a dry basis prior to any dilution of 

the gas stream with ambient air after the gas stream exits the dryer. 

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 VOC vapor pressure less than 10 mm Hg at 20 

degrees Celsius; or 

ii. Have a VOC content of less than 70 percent by weight. 

3 . On and after (the operative date of these amendments), no 

greater than a total of 110 gallons per calendar year of cleaning 

materials that do not meet one of the requirements at (r)2 above may 

be used to clean a lithographic or letterpress printing press . 

4 . On and after (the operative date of these amendments), 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 VOC content of 1 .6 percent by weight or less; or 

ii . A VOC content of 3 .0 percent by weight or less if the fountain 

solution is refrigerated to below 60 degrees Fahrenheit. 

2. Any fountain solution used for a coldset web offset lithographic 

printing operation or a sheet-fed offset lithographic printing 

operation shall not exceed (s)2i or ii below. This exceedance 

limitation shall not apply to an operation with a sheet size of 187 

square inches or less or a total fountain reservoir of less than one 

gallon . 

i . A VOC content of 5 .0 percent by weight or less ; or 

ii. A VOC content of 8.5 percent by weight or less if the fountain 

solution is refrigerated to below 60 degrees Fahrenheit . 

(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 

VOC shall be stored in sealed containers ; 

(CITE 40 N.J .R. 4450) NEW JERSEY REGISTER, MONDAY, AUGUST 4, 2008 
ENVIRONMENTAL PROTECTION 

2. All coatings, thinners, and cleaning materials containing any 

VOC shall be conveyed in sealed containers or pipes; 

3 . Each mixing vessel containing any VOC coating 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 VOC shall 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) (No change .) 

(c) Any owner or operator of an asphalt pavement production plant 

subject to this section shall achieve compliance with this section by May 

31, 1995, and maintain compliance with this section thereafter. 

(d) Any owner or operator of an asphalt pavement production plant 

subject to this section shall demonstrate compliance with this subchapter 

in accordance with the procedures at N.J .A.C. 7 :27-16 .23 before May 31, 

1996 . 

(e) Any owner or operator of any asphalt pavement production plant 

subject to this section shall adjust the combustion process in accordance 

with the procedure set forth in its permit and certificate or at least once 

per year beginning in 1995, whichever is more stringent . 

(f)-(h) (No change .) 

7 :27-16 .16 Other source operations 

(a) The provisions of this section apply to any source operation, except 

source operations in the following categories (Note : Source operations in 

those categories designated by an asterisk (*) which have the potential to 

emit three pounds per hour or more of VOC and which are located at a 

major VOC facility are regulated by N.J .A .C . 7:27-16 .17.) : 

l .-9 . (No change .) 

10 . Asphalt pavement production plants; 

11 .-19 . (No change .) 

(b)-(g) (No change.) 

7 :27-16 .17 [Facility-specific] Alternative VOC control requirements 

(a) This section establishes procedures and standards for the 

establishment of VOC 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 which would 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 of an alternative VOC control plan [pursuant to (a)2 above] : , 

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 VOC control 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. If and when the Department approves [the] an 

alternative VOC control plan, the owner or operator shall be subject to the conditions and requirements of the plan and of the Department's 

approval[ .] ; 

2. Any alternative VOC control plan approved by the Department 

after (the operative date of these amendments) shall have a term of 10 years ; 

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

plan approved prior to (the operative date of these amendments) 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 of these amendments) ; 

4. If the owner or operator of a facility has an approved 

alternative VOC control plan for a source operation that was issued 

after (the operative date of these amendments), 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 VOC control 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 VOC control plan for a source operation that was issued 

after (the operative date of these amendments), intends to continue 

operating under a VOC emission limit beyond the expiration date of 

the existing plan, the owner or operator shall apply for a new 

alternative VOC control plan at least one year prior to the 

termination date of the existing plan. The existing plan shall 

terminate on its termination date or on the date of the Department's 

final action on the proposed new plan, whichever is later. 

(d) An owner or operator submitting a proposed alternative 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 . (No change .) 

3 .-4 . (No change .) 

(e)-(g) (No change .) 

(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 . (No change .) 

(k)-(p) (No change .) 

(q) After receipt of a written request from an 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 

PO Box 422 

401 East State Street, 4th floor 

Trenton, New Jersey 08625-0422 

(r)-(t) (No change.) 

7 :27-16 .19 Application of cutback 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 of normal 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 ASTM Method D244, Standard Test 

Methods and Practices for Emulsified Asphalts, or AASHTO T 59, 

Standard Method of Test for Testing Emulsified Asphalts, both as 

supplemented or amended and incorporated herein by reference . 

ASTM Method D244 is available from the American Society for 

Testing and Materials (ASTM), 100 Barr Harbor Drive, Post Office 

Box C700, West Conshohocken, Pennsylvania 19428-2959, or from its 

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, 

DC 20001, or from its website www.transportation .org . 

(b) On or after April 16, 2009, no person shall store cutback 

asphalt or emulsified asphalt during the period from April 16 

through October 14 that does not meet the requirements at (a) above, 

unless the cutback asphalt or emulsified asphalt is stored in a scaled 

container . 

7:27-16 .22 Emission information, [record keeping] recordkeeping and 

testing 

(a) (No change .) ~ . 

(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 claim for that 

information in accordance with the procedures set forth at N.J .A .C . 7:27-

1 .6 through 1 .30 . 

7:27-16 .27 Exceptions 

(a) (No change.) 

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

of VOC from the following source operations : 

[l . Offset lithography printing operations until November 15, 1994 ; 

2 . Surface coating of plastic parts until November 15, 1994 ;] 

[3 .] 1 . Natural gas pipelines that are not major VOC facilities, with the 

exception of blowdown events as set forth in N.J .A .C. 7 :27-16 .21 ; and 

[4 . Industrial wastewater treatment systems until November 15, 1994 ; 

5 . All other wastewater treatment facilities until November 15, 1994 ; 

and] 

[6 .] 2. Open burning . 

APPENDIX II 

STATE OF NEW JERSEY 

DEPARTMENT OF ENVIRONMENTAL PROTECTION 

N.J.A.C. 7:27-16.2 VOC STATIONARY STORAGE TANKS 

INSPECTIONS 

Equipment Needed: 

Organic Vapor Analyzer (OVA) calibrated with methane in 

accordance with EPA Method 21, as supplemented or amended 

and incorporated herein by reference ; explosimeter calibrated 

with methane (for internal floating roof tanks) ; liquid resistant 

measuring tape or device ; tank probe (to measure gaps in tank 

seals - 1/8 inch, 1/2 inch, 1-1/2 inch) ; flashlight . 

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

A. Any inspection shall be performed by an authorized inspector . 

B. The findings of any tank inspection, whether completed or not, 

shall be recorded on the Inspection Form at N.J .A .C. 7 :27-16, 

Appendix II, prescribed by the Department in accordance with 

the rule's requirements. If an inspection is stopped before 

completion, indicate the reason for this action in section J 

"Comments" of the Inspection Form. 

C. During the inspection, the person(s) conducting the inspection 

must have a copy of the Preconstruction Permit or the 

Operating Permit pertinent to the tank being inspected. Any 

discrepancies between the permit equipment description and the 

existing tank or the permit conditions and the actual operating 

conditions of the tank as verified during an inspection must be 

recorded in section J "Comments" of the Inspection Form. 

D. Inspect the ground level periphery of each tank for possible 

leaks in the tank shell . Complete section D "Ground Level 

Inspection" of the Inspection Form. 

E. For external floating roof tanks: 

1 . From the platform, visually inspect the roof and check for 

permit or rule violations . Record the information as shown 

under section F of the Inspection Form. 

2. During visual inspection of the roof, check for unsealed roof 

legs, open hatches, open emergency roof drains or vacuum 

breakers and record the findings on the Inspection Form 

accordingly. Indicate presence of any tears in the fabric of 

both seals. 

3 . Inspect the roof fittings using the 1/8 inch probes or conduct 

a EPA Method 21 inspection, as supplemented or amended 

and incorporated herein by reference, of the roof fittings for 

a leak-free condition . Record any leaks above 500 ppm in the 

Fugitive Emissions Form. 

4. Inspect the entire secondary seal using the 1/8 inch and 1/2 

inch probes. Record the gap data in section F(4) of the 

Inspection Form. 

(CITE 40 N.J.R. 4452) NEW JERSEY REGISTER, MONDAY, AUGUST 4, 2008 
6 . 

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 

section J "Comments" of the Inspection Form. 

F, For internal floating roof and domed tanks: 

1 . Using an explosimeter, measure the concentration of the 

vapor space above the internal floating roof in terms of lower 

explosive limit (LEL), and record the reading in section E of 

the Inspection Form. 

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 rim seal 

system each time the tank is emptied and degassed but no less 

than once every 10 years. 

G. For fixed roof tanks: 

1 . Inspect the pressure relief valves, piping, valves and fittings 

located on the roof for leak-free condition. Record any 

readings in excess of 500 ppm in the Fugitive Emissions 

Form. 

H. Complete all necessary calculations and record all required data 

accordingly in the Inspection Form and Fugitive Emissions 

Form. 

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

INSPECTION FORM 

* *PLEASE COMPLETE FORM LEGIBL Y IN BLACK INK* * 

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

Inspection Date Time 

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

A. COMPANY INFORMATION: 

Company Name 

Location Address City Zip 

Mailing Address City Zip 

Contact Person Title 

Phone ` 

B. INSPECTION CONDUCTED BY: 

Name Title 

Company Name Phone 

Mailing Address City Zip 

C. TANK INFORMATION: 

Capacity (gals) Installation Date Tank Diameter (ft) Tank Height (ft) 

Product Type Product Vapor Pressure (psia) 

Type of Tank: Riveted 0 Welded 0 Other El (describe) 

Color of Shell Color of Roof 

Roof Type: Pontoon El Double Deck 0 Other 11 (describe) 

External floating roof 11 Internal floating roof or 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, 2008 
ENVIRONMENTAL PROTECTION 

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

~E.-.INTERNAL FLOATING ROOF OR DOMED TANK: 

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

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

3) Are all roof openings covered? No 0 Yes 0 If no, explain in Comments section (J) and proceed to part 

;_F. EXTERNAL FLOATING ROOF TANK (or DOMED TANK AND 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, 

gauge well, and vents or other appurtenances. Note information in relation to North .(to the top of the worksheet). 

2) Describe any uncovered openings found on the roof in the Comments section (J) . 

3) Identify any tears in the seal fabric. Describe and indicate on diagram (below): 

4) Secondary Seal Inspection 

a. Type of Secondary Seal: 

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

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

4. Record dimensions of gap for gaps 

> 1/8" 

> 1/2" 

NOTE: Record the actual width and cumulative length ofgaps in feet and inches. 

t 

A 

(Do not include gaps > 1/2" in 1/8" measurements) 

5) Primary Seal Inspection 

a) Type of Primary Seal: 0 Shoe; D Tube; El Other 

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

diagram. 

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

d) Tube seal: Does 1/2" probe drop past seal? No 0 Yes 0 If yes, 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 show on 

diagram. 

f) Record dimensions of gaps for gaps 

> 1/8" 

> 1/2" 

>1-1/2" 

NOTE: Record the actual width and cumulative length of gaps in feet and inches. (Do not include gaps > 1/2" 

in 1/8" measurements, or gaps > 1-1/2" in 1/2" measurements) 

6) Deck Fitting Inspection 

(Circle one) Does 1/8" probe drop past gasket seal or does seal fail EPA Method 21? No 11 Yes 0 If 

yes, identify fitting . 

NOTE : Show defects using symbols . Show seal gaps and lengths 

N 

Le2end 

Equipment 

AD Antirotational device 

GW Gauge well 

Leg stand 

RD Roof drain 

* Emergency roof drain 

Vacuum breaker 

" 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 (from F(4)(d), F(5)(b), and F(5)(f)) . Record in feet and inches. 

Gaps in primary seal between 1/8 and 1/2 inch: 

(CITE 40 N.J .R. 4456) NEW JERSEY REGISTER, MONDAY, AUGUST 4, 2008 
ENVIRONMENTAL 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 X 0.157 = 60 percent circ. = diam. X 1 .88 = 

49 -percent circumference = diameter X 0.314 = 90 percent circ. = diam. X 2.83 = 

:30-percent circumference = diameter X 0.942 = 95 percent circ. = diam. X 2.98 = 

~$$; 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 roof would 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 60 percent 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 50 percent? ~ 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 tank comply 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 TO COMPLETION 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 law that I believe the information provided in this document is true, accurate and complete. I am aware that there are significant civil and criminal penalties, including the possibility of fine or imprisonment or both, for submitting false, inaccurate or incomplete information ." 

Authorized inspector who completed the inspection: 

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 

-44 fy under penalty of law that I have personally examined and am familiar 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 of fine 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 

Program Interest No. 

Company Name 

Address 

Contact/Phone Number 

Permit Activity Number Report Date 

Tank ID Type Fitting Date Leak Rate Type of Repair 

, 

Date Post-Repair 

Leak Rate 

} 

NA-A . C 7" 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, 2008 
SUBCHAPTER 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 

_4 F _- pavement. 

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

molten glass gather. 

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

.,,"Class I renewable energy" means electric energy produced from 

+solar technologies, photovoltaic technologies, wind energy, fuel cells, 

geothermal technologies, wave or tidal action, methane gas from 

landfills and methane gas from a biomass facility that cultivates and 

harvests the biomass in a sustainable manner. 

: :"Class 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 of NO, per megawatt hour; 

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

3. 0.10 pounds of PM per megawatt hour; and 

4. 0.01 pounds of 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 of commercial fuel. 

"Electric generating unit" or ®EGU" means a combustion or steam 

generating source used for generating electricity that delivers all or part 

of its power to the electric power distribution grid for commercial sale. ; 

"Energy efficiency measure" means a program that is aimed at 

reducing the electricity used by specific end-use devices and systems . 

Such savings are generally achieved by substituting technically more 

advanced equipment to produce the same level of end-use services (for example, lighting, heating and motor drive) with less electricity. 

"Fiberglass" means material consisting of fine filaments of glass 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 45 at 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 PJM Interconnection 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. 

"Interim period" means the period of time beginning on May 31, 1995, 

and ending when phased compliance under N.J.A.C. 7 :27-19 .21[, 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 of these 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 HEDD unit. 

"No. 2 and lighter fuel oil" means any fuel oil with an SSU 

viscosity less than or equal to 45 at 100 degrees Fahrenheit. 

"On-specification used oil" means used oil that meets the 

specifications established in the Recycling Rules at N.J.A .C. 7 :26A6.2(a) . 

"Pounds/MWh" means NO, emissions in pounds per megawatthour of total net energy output, where total net energy output 

consists of electric output plus useful heat output. 

"Pressed glass" means glassware formed by placing a blob of 

molten glass in a metal mold, then pressing it with a metal plunger or 

follower to form the inside shape. The resultant piece, termed moldpressed, has an interior form independent of the exterior, in contrast 

to mold-blown glass, in which the interior corresponds to the outer 

form. 

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

renewable energy. 

"Shed load" means the systematic reduction through prior 

arrangement of system demand by temporarily decreasing load in 

response to transmission system or area capacity shortages, system 

instability, or voltage control considerations. 

"Shift load" means the systematic reduction of system demand by 

temporarily decreasing load in response to transmission system or 

area capacity shortages, system instability, or voltage control 

considerations, through prior arrangement programs designed to 

encourage consumers to move their use of electricity from on-peak 

time to off-peak times . 

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 to flow through the standard orifice of a Saybolt 

Universal viscometer at 100 degrees Fahrenheit. 

. . ."Used oil" means any oil that has been refined from crude oil, or 

any synthetic oil, that has been used and as a result of such use, is 

contaminated by physical or chemical impurities, or unused oil that 

is contaminated by physical or chemical impurities through storage 

or handling. 

"Viscosity" means the measure of a fluid's resistance to flow. 

7:27-19 .2 Purpose, scope and applicability 

(a) (No change.) 

(b) The following types of equipment and source operations are 

subject to the provisions of this subchapter : 

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 maximum potential production rate of at least five 

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

to emit more than 10 tons of NO, per year ; [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) below that has the potential to emit 

more than 10 tons of NO,, per year . 

(c)-(f) (No change.) 

7 :27-19.3 General provisions 

(a)-(d) (No change.) 

(e) After receipt of a written request from an owner or operator for an 

extension of the deadline set forth in (d) above [or 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 from an owner or 

operator for an extension of the deadline set forth at N.J.A .C . 7:27-

19 .13(b)5, the Department will authorize one 60-day 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 Of Enforcement Field Operations] 

Administrator * 

Air Compliance and Enforcement 

Department of Environmental Protection 

PO Box 422 

401 East State Street, 4th Floor 

Trenton, New Jersey 08625-0422 

(f) In lieu of complying with the applicable emission limits set forth at 

N.J .A.C . 7 :27-19 .4, 19 .5, 19 .7, 19 .8, 19 .9 [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 

HEDD unit shall not use the alternatives in this subsection to comply 

with any applicable maximum allowable emission rate at N.J .A .C . 

7 :27-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 DER credits to comply with that limit, shall 

achieve compliance with that limit by April 25, 2005 and maintain 

compliance with that limit thereafter . In the case of a former DER credit 

user, only, deadlines related to the NO, emissions limit compliance 

deadline that are set forth elsewhere in this subchapter are modified as 

follows : 

1 .-2. (No change.) 

3 . The proposed NO., control plan submission deadline established at 

(d)2 above [and N.J .A.C . 7 :27-19 .13(b)] is July 25, 2004; 

4.-13 . (No change.) 

(h)-(j) (No change.) 

7:27-19 .4 Boilers serving electric generating units 

(a) The owner or operator of any boiler serving an electric generating 

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

maximum allowable NO, emission rate specified in Tables 1, 2 and 3 

below, as applicable, unless the owner or operator is complying with 

N.J .A .C . 7:27-19.3(f) or unless otherwise specified in an enforceable 

agreement with the Department . Table 1 is operative through 

December 14, 2012. Table 2 is operative starting December 15, 2012 

through April 30, 2015. 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 from December 15, 2012 through April 30, 2015) 

Maximum Allowable NO, Emission Rates for 

Boilers Serving Electric Generating Units 

(pounds per megawatt hour) 

Firing Method 

Boiler Type Tangential Face Cyclone 

Coal 1 .50 1 .'50 1 .50 

Oil and/or 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, 2008 
TABLE 3 

(Operative on and after May 1, 2015) 

Maximum Allowable NO. Emission Rates for 

Boilers Serving Electric Generating Units 

(pounds per megawatt hour) 

-'Fuel 

Coal 1 .50 

Heavier than No. 2 fuel oil 2.00 

"No. 2 and lighter fuel oil 1 .00 

Gas only 1 .00 

(b)-(c) (No change .) 

(d) The owner or operator of a boiler serving an electric 

generating unit shall demonstrate compliance with its applicable 

maximum allowable NO, emission rate in Table 2 or 3 as follows : 

1 . Using the methods at N.J .A .C . 7:27-19.15(a), any coal-fired 

boiler shall demonstrate compliance with the maximum allowable 

NO, emission rate in Table 2 either by June 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 maximum allowable 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 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 .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 maximum gross heat input 

rate of at least 30 million BTUs per hour shall cause it to emit NO. at a 

rate no greater than the applicable maximum allowable 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 2 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 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 of any 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 maximum allowable NO. 

emission rate specified in Table 4 below, or the maximum allowable 

NO, emission rate contained in its preconstruction permit or 

operating permit, unless the owner or operator is complying with 

N.J.A.C. 7:27-19 .3(f) . 

ENVIRONMENTAL PROTECTION 

TABLE [2] 41 

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

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

maximum allowable 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 maximum gross heat input rate of at least 25 MMBTU per hour 

and is a NO, Budget source shall cause it to emit NO, at a rate no 

greater than the applicable maximum allowable NO, emission rate 

specified in Table 5 below, unless the owner or operator is complying 

with N.J.A.C. 7 :27-19.3(f) . 

3 . (One day after the operative date of these amendments) 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 maximum allowable NO, emission rate 

specified in Table 5 below, or the maximum allowable NO. emission 

rate contained in its preconstruction permit or operating permit, 

unless the owner or operator is complying with N.J.A .C . 7:27-19 .3(f) . 

TABLE [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 maximum gross heat input rate of at 

least 25 MMBTU per hour and that is a NO, Budget source . 

(One day after the operative date of these amendments) 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 maximum gross 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 maximum allowable 

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 rrlaximum allowable 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 

maximum allowable NO, emission rate specified in Table 6 below, 

unless the owner or operator is complying with (c)1 through 5 above 

or N.J.A.C. 7 :27-19 .3(f). 

TABLE [4] 61 

Maximum Allowable NO, Emission Rate for 

Stationary Combustion Turbines 

Type of Turbine Tyne of Fuel Maximum Allowable NO, 

Emission Rate 

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

combustion turbine or a 

regenerative cycle 

combustion turbine 

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 of these amendments), 

Table 6 applies to any stationary combustion turbine that has a 

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

and that is not a NO, Budget source . - 

On and after (one day after the operative date of these 

amendments), 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 from a 

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 HEDD unit shall : 

1 . Cause it to emit NO, at a rate no greater than the applicable 

maximum allowable NO, emission rate specified in Table 7 below; 

and 

2. If the preconstruction permit or operating permit for the HEDD 

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 maximum allowable 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 of a stationary combustion turbine shall 

demonstrate compliance with the applicable maximum allowable 

NO, emission rate pursuant to N.J .A.C. 7:27-19 .15 in accordance 

with the following schedule : 

1 . For a non-HEDD turbine, compliance with the applicable 

maximum allowable NO, emission rate in Table 6 shall be 

demonstrated by (180 days after the day after operative date), 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 from demonstrating 

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, if the HEDD unit is altered to meet the Table 7 

emission rate, by November 1, 2015 or the date determined by 

N.J.A.C. 7 :27-19 .15(c), whichever date is earlier, and thereafter 

according to the schedule in the approved permit. 

(j) Each owner or operator identified at N.J .A .C . 7 :27-

19.29(a) shall submit to the Department a 2009 HEDD Emission 

Reduction Compliance Demonstration Protocol and annual reports 

pursuant to N.J.A.C. 7 :27-19 .29 . 

(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 maximum gross heat input rate of at least 

20 million but less than 50 million 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 maximum allowable 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 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 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 maximum gross 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 of any industrial/conunercial/institutional boiler or other indirect 

heat exchanger with a maximum gross heat input rate of at least 250 

million BTUs per hour shall install a continuous emissions monitoring 

system in accordance with N.J .A .C . 7 :27-19 .18 . 

[(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 maximum gross 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) (No change.) 

(h) On and after March 7, 2007, the owner or operator of an 

industrial/commercial/institutional boiler or other indirect heat exchanger 

with a maximum gross heat input rate of at least 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 maximum allowable NO,; emission rate specified in Table [7] 

8 below, through the following dates, unless the owner or operator is 

complying with N.J .A .C . 7 :27-19 .3(f)[.] : 

1 . For an industrial/commerciaUinstitutional boiler or other 

indirect heat exchanger with a maximum gross heat input rate of at 

least 50 million BTU per hour, but less than 100 million BTU per 

hour: 

i . 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 maximum gross beat input rate of at 

least 100 million BTU per hour or greater : 

i. Through (the day before the operative date of these 

amendments), if the owner or operator is complying with (i)3i below; 

or 

ii . Through April 30, 2010, if the owner or operator is complying 

with (i)3ii below. 

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 of an industrial/commercial/institutional 

boiler or other indirect heat exchanger with a maximum gross heat 

input rate of at least 25 million BTU per hour, whether or not it is 

located at a major NO, facility, shall cause the boiler or other 

indirect heat exchanger to emit NO~ at a rate no greater than the 

applicable maximum allowable NO, emission rate specified at Table 

9 below in accordance with the following schedule, unless the owner 

or operator is complying with N.J.A.C . 7:27-19 .3(f) : 

1 . For an industrial/commercial/institutional boiler or other 

indirect heat exchanger with a maximum gross heat input rate of at 

least 25 million BTU per hour, but less than 50 million BTU per 

hour: 

i. On and after May 1, 2011, if compliance is achieved without 

physically modifying the boiler or other indirect heat exchanger; or 

ii. On and after May 1, 2012, if compliance is achieved by 

physically modifying the boiler or other indirect heat exchanger; 

2. For an industrial/commercial/institutional boiler or other 

indirect heat exchanger with a maximum gross heat input rate of at 

least 50 million BTU per hour, but less than 100 million BTU per 

hour: 

i . On and after May 1, 2010, if compliance is achieved without 

physically modifying the boiler or other indirect heat exchanger; or 

ii . On and after May 1, 2011 if compliance is achieved by 

physically modifying the boiler or other indirect heat exchanger; and, 

3. For an industrial/commercial/institutional boiler or other 

indirect heat exchanger with a maximum gross heat input rate of at 

least 100 million BTU per hour or greater: 

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

compliance is achieved without physically modifying the boiler or 

other indirect heat exchanger; or 

ii . On and after May 1, 2010, if compliance is achieved by 

physically modifying the boiler or other indirect heat exchanger . 

TABLE 9 

Maximum Allowable NO, Emission Rates for 

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_per hr) Fuel Type million BTU) 

at least 25 but < 100 Natural gas only 0.05 

No. 2 Fuel oil only 0.08 

Refinery fuel gas 0.20 

and other 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 maximum rated power output of 148 kW or 

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

maximum allowable NO, emission rate specified in Table [8] 10 below; 

TABLE [8110 

(No change in text.) 

2.-3 . (No change.) 

4. For a group of two or more stationary reciprocating engines, each of 

which has a rated power output of 37 kW or greater, but less than 148 

kW, and whose total combined power output is 148 kW or greater, cause 

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

NO, emission rate specified in Table [8] 10 above. 

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 drum mix] 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, 2008 
l'iowable NO emission concentrations speeified in Table 11 below, 

~accordance with the schedule specified at (f) below. 

TABLE 11 

Maximum Allowable NO, Emission Concentrations 

for Asphalt Pavement Production Plants 

(ppmvd at seven percent OZ) 

: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 3 below: 

`° 1 . An emissions averaging plan approved by the Department pursuant 

to N.J .A .C . 7 :27-19.6 and 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 .14 and 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 of an asphalt pavement production plant may 

comply with N.J.A.C. 7 :27-19.3(f) . 

(d) The owner or operator of an asphalt pavement production 

plant shall perform the following best management practices : 

1 . Reduce aggregate moisture content by: 

i . Covering the aggregate stockpile to prevent high water content 

due to rain ; or 

ii . Designing and operating stockpiles for water drainage and 

removing sand and aggregate from piles at a sufficient height above 

the base to avoid charging wet mix to the dryer; 

2. Conduct monthly inspections of the flights in the dryer when the 

dryer is in use to determine the degree of wear and the need for 

replacement . If necessary, replace or modify a flight with an 

appropriate flight for the applicable combustion zone; and 

3. Annually inspect the air system and repair air system leaks to 

minimize excess air. 

(e) The owner or operator of an asphalt pavement production 

plant shall record and maintain onsite logs of the implementation of 

the best management practices required in (d) above. Each record 

shall be maintained in accordance with N.J.A.C. 7:27-19.19. (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 maximum gross 

heat input rate of less than 100 MMBTU/hr, shall comply : 

i . On and after May 1, 2011, if compliance is achieved without 

physically modifying the dryer ; or 

ii . On and after May 1, 2012, if compliance is achieved by 

physically modifying the dryer. 

2. An asphalt pavement production dryer with a maximum gross 

heat input of at least 100 MMBTU/hr, but less than 120 MMBTU/hr, 

shall comply : 

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 maximum gross 

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

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

compliance is achieved without physically modifying the dryer ; or 

ii . On and after May 1, 2010, if compliance is achieved by 

physically modifying the dryer. 

7 :27-19 .10 Glass manufacturing furnaces 

(a) The owner or operator of any commercial container glass 

manufacturing furnace listed in N.J.A.C. 7 :27-19.2(b)6, specialty 

container glass manufacturing furnace listed in N.J.A .C. 7:27-

19.2(b)7, borosilicate recipe glass manufacturing furnace listed in 

N.J.A.C. 7:27-19.2(b)8, or pressed glass manufacturing furnace, 

blown glass manufacturing furnace or fiberglass manufacturing 

furnace listed in N.J.A .C . 7 :27-19.2(b)9 shall cause the furnace to emit 

no more than [5 .5] 4.0 pounds of NO, per ton of glass removed from the 

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 . By July 1, 1994, submit one of the following to the Department : 

i . A written plan detailing how the NO, emission rate from the furnace 

will be reduced by 30 percent from the 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 from the 

furnace as of a 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, 2010 on the [earlier of the following : 

1 . The] first date [after January 23, 1994 on which] of startup after 

which rebricking of the 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 maximum allowable emission rate for the furnace, 

approved by the Department pursuant to N.J .A .C . 7 :27-19 .13 ; or 

3 . A seasonal fuel switching plan for the furnace, approved by 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 of a MSW incinerator of any size shall 

cause it to emit NO, at a maximum allowable emission concentration 

of 150 ppmvd at seven percent oxygen based on a calendar day 

average: . 

1 . On and after (60 days after the operative date of these new rules 

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 new NO, air pollution control system on an existing MSW 

incinerator or by physically modifying an existing MSW incinerator. 

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

concentration at (a) above, the owner or operator of a MSW 

incinerator may comply by obtaining an alternative maximum 

allowable NO, emission rate approved by the Department pursuant 

to N.J.A.C.7 :27-19 .13 . 

(c) The owner or operator of any MSW incinerator shall install a 

NO, continuous emissions monitoring system on a MSW incinerator 

satisfying the requirements of N.J.A.C. 7:27-19 .18 and shall 

demonstrate compliance with (a) or (b) above using the NO. 

continuous emissions monitoring system. 

7:27-19 .13 [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 maximum allowable NO, emission rates 

and facility-specific maximum allowable 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 item of equipment of a category not listed in N.J.A.C . 7:27-

19.2(b) or (c) [(that is, any source operation or item of 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 10 tons of N0, 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 item of equipment 

listed in N.J .A .C . 7:27-19 .2(b) or (c) seeks approval of an alternative 

maximum allowable emission rate, which would apply to the equipment 

or source operation in lieu of the maximum allowable 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 maximum allowable 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 item of 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 maximum allowable 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 maximum allowable 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 item is modified, 

altered or reconstructed, (b)6 below shall 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 

maximum allowable 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 maximum allowable 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 new rules 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 maximum allowable 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 (90 days after the operative date of these 

new rules and amendments), the owner or operator's existing 

alternative maximum allowable emission rate or facility-specific 

maximum allowable 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 item of equipment, and intends to modify, alter or 

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

alternative or facility-specific maximum allowable emission rate 

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 maximum allowable 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 term alternative 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 new alternative maximum 

allowable emission rate at least one year prior to the termination date 

of the existing alternative maximum allowable emission rate . The 

(CITE 40 N.J.R. 4468) NEW JERSEY REGISTER, MONDAY, AUGUST 4, 2008 
- isting ~ _~~x rate shall terminate on its termination date or on the date of 

5,tbe Department's final action on the proposed new alternative 

=maximum allowable 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 

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

` 5 . (No change.) 

6 . For each source operation or item of 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 maximum allowable 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 maximum allowable 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 

item of 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. (No change .) 

(h) Any alternate maximum allowable 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 

maximum allowable 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 of the Department's approval 

thereafter . The owner or operator of a source operation or item of 

equipment for which the Department has approved an alternative 

maximum allowable emission rate shall cause it to emit NO, at a ~'ate no 

greater than the approved alternative maximum allowable 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 

new requirement within the five years preceding November 7, 2005 shall 

be accepted by the Department as satisfying this test requirement, if the 

testing and test report were reviewed by the Department and found 

satisfactory. 

(c) [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 from the date on which the source commences 

operation, and thereafter at the frequency set forth in the permit for such 

equipment or source operation. 

(d) For any equipment or source operation at an asphalt pavement 

production plant subject to a NO, emissions limit at N.J.A.C . 7 :27-

19.9(a), the owner or operator shall demonstrate compliance with 

this subchapter in accordance with (a)2 above, within 180 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 CO testing requirements at (a)2 above. 

3. If a continuous emissions monitoring system has been installed 

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

operator shall: 

i . Determine the average pounds of NO, emitted per day in 

accordance with (a)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 

of a 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 maximum allowable 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 of full 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 of the phased compliance plan pursuant to N.J .A.C . 7 :27-19 .14 . 

If an owner or operator fails to submit the application by [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 how late the application is, the nature 

and extent of the owner or operator's efforts to submit the application on 

time, and whether the owner or operator advised the Department before 

the application due date that a late application would be submitted. If the 

Department elects to process a late application, the pendency of the 

application shall not be a defense to a violation of [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 . (No change.) 

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-bottom coal-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 from other equipment owned or 

operated by the owner or operator;] i 

1 . A description of the measure and how it 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 during the interim period; 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 if the 

following requirements are satisfied with respect to each [combustion 

source]-NO, emission reduction measure included in the plan : 

l . (No change.) 

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 

of the 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 . (No change.) 

4 . The nature, extent and probability of any harm to public safety or 

welfare that could result from accelerating construction and/or 

installation in order to attain compliance by [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 of its 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 

of a phased 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 . (No change.) 

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, 2008 
PROPOSALS 

appropriate in light of the costs involved and the total quantity of NO,; 

reductions that will be achieved until the full compliance date listed in 

(c)2v above. 

7 :27-19 .27 Use of NO, budget allowances by a former DER credit user 

(a) (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) . Maximum allowable 

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) (No change.) 

7 :27-19 .28 Sewage sludge incinerators 

(a) The owner or operator of a sewage sludge incinerator shall 

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

maximum allowable NO, emission rate specified in Table 13 below, 

unless the owner or operator is complying with N.J.A.C. 7:27-19 .3(f) . 

TABLE 13 

Maximum Allowable NO, Emission Rates for Sewage Sludge 

Incinerators 

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

Multiple Hearth. 7.0 

Fluidized Bed 2.5 

(b) In lieu of complying with the maximum allowable NO= 

emissions rate at (a) above, the owner or operator of a sewage sludge 

incinerator may comply with N.J .A .C . 7:27-19 .3(f), or obtain an 

alternative maximum allowable NO, emission rate approved by the 

Department pursuant to N.J.A.C. 7:27-19 .13 . 

(c) The owner or operator shall demonstrate compliance with 

(a) or (b) above in accordance with N.J .A.C. 7:27-19 .15(a)2 . 

7 :27-19 .29 2009 HEDD Emission 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 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/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 of this rule), a 2009 Protocol; 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 

PO Box 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 from an owner or operator on each high electric demand 

day; 

BE (Baseline Emission) = The total tons of NO. that would be 

emitted on each high electric demand day, if the owner or operator 

did not 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 HEDD units on July 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 HEDD unit that operated on July 26, 2005, using the following 

equation : URF = (UE x C) , 

Where: 

URF (Unit Reduction Factor) = The reduction of NO, emissions, 

in tons, emitted by a HEDD unit on July 26, 2005 that would have 

occurred if the unit had been controlled ; 

UE (Unit Emissions) = The tons of NO, emissions emitted by a 

HEDD unit on July 26, 2005 obtained from the USEPA 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 

HEDD unit is a boiler that was not controlled with SCR or Selective 

Non-Catalytic Reduction (SNCR) controls on July 26, 2005, then C is 

equal to 0.3 . If the HEDD unit is a combustion turbine that was 

controlled with water injection or SCR on July 26, 2005, or a boiler 

that was controlled with SCR or SNCR on July 26, 2005, then C is 

equal to 0 . 

(d) The 2009 Protocol shall include the following : 

1 . The calculations performed in (c) above for EF and RF; 

2. A list of measures used to obtain the required emission 

reductions determined by Equation 1 . The measures must result in 

emission reductions that are real, quantifiable, enforceable, surplus, 

and are not required to comply with any State or Federal permit, 

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 HEDD unit that is located in New 

Jersey, Pennsylvania, Delaware, or Maryland ; 

iii . Installation of a control apparatus on an existing non-HEDD 

unit that is located in New Jersey, Pennsylvania, Delaware, or 

Maryland ; 

iv. Commitment to combust natural gas in any HEDD unit that is 

permitted to combust either natural gas or fuel oil during high 

electric demand days when it would be economically preferred to 

combust fuel oil ; 

v. Implementation of an energy efficiency measure in New Jersey, 

as long as the energy efficiency measure was not committed to prior 

to (the operative date of these amendments) ; 

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 from the measure 

and how the 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 of each high electric demand day; 

2. The actions taken to reduce emissions ; 

3 . The start and end time for operation of each EGU operated 

during that high electric demand day; 

4. The total hours of operation for each EGU in (e)3 above; 

5. The type of fuel combusted by each EGU in (e)3 above; 

6. The hourly fuel use for each EGU in (e)3 above; 

7. The hourly load in MW for each EGU in (e)3 above; 

8 . The hourly heat input in MMBtu/hr to each EGU in (e)3 above; 

9 . The hourly water injection rate for each EGU in (e)3 above; 

10. The hourly ammonia injection rate for each EGU in (e)3 

above; 

11 . The catalytic bed temperature for each EGU in (e)3 above; 

PROPOSALS 

12. The CEM values or documentation on how the baseline and 

actual NO= emission rates were calculated for each EGU in (e)3 

above; 

13. Any other data needed to calculate baseline and actual NO, 

emissions for each EGU in (e)3 above; 

14. Calculations and results for the following : 

i. Baseline NO. emissions (BE in Equation 1, at (c) above); 

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 

from 2009 Protocol measures); 

15. The fuel prices for that high electric demand day; and 

16. Any other records necessary to document the emission 

reductions achieved . 

(f) Within 30 calendar days after receiving a proposed 2009 

Protocol, the Department will notify the owner or operator in writing 

whether the proposed 2009 Protocol includes all of the information 

required under (d) above. If the proposed 2009 Protocol is 

incomplete : 

1 . The Department will include in the notice a list of the 

deficiencies, a statement of the additional information required to 

make the proposed 2009 Protocol complete, and a time by which the 

owner or operator must submit a complete proposed 2009 Protocol ; 

2. The owner or operator shall correct the deficiencies listed in the 

Department's notice within the time stated in the Department's 

notice ; and 

3 . The Department may disapprove the proposed 2009 Protocol if 

the owner or operator fails to correct the deficiencies within the time 

stated in the Department's notice . 

(g) The Department may approve, revise and approve, or 

disapprove the proposed 2009 Protocol based on whether or not the 

proposed 2009 Protocol contains the contents required by (d) above. 

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 2009 Protocol 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 2009 Protocol. 

(j) An owner or operator may implement any emission reduction 

measure that meets the requirements at (d) above if the owner or 

operator has obtained all necessary permit modifications pursuant to 

N.J .A .C . 7 :27-8 and 22, submits a revised 2009 Protocol to the 

Department at the address at (b) 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, 2008 
Department 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 how the baseline and 

actual NO. emission rates were calculated ; 

x. Any other data used to calculate baseline and actual NO, 

emissions ; 

xi. The calculations and results for: 

(1) Baseline 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 of Operating Permits 

Air Quality Permitting Program 

Department of Environmental Protection 

PO Box 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 HEDD units that are expected to be shut down by May 

1, 2015, in lieu of complying with the applicable maximum allowable 

NO. emission rate(s) in Table 3 at N.J.A.C . 7:27-19 .4(a) for boilers or 

Table 7 at N.J.A.C . 7 :27-19.5(g) for turbines. The following 

information shall be included for each HEDD unit that is expected to 

be shut down: 

i . The name of the facility at which the HEDD unit is located ; 

ii . The facility ID number; 

iii. The emission unit ID number; 

iv . The HEDD unit description ; 

v, 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 maximum allowable NO, emission rate(s) in Table 3 at 

N.J .A .C. 7 :27-19.4(a) for boilers or Table 7 at N.J .A .C. 7 :27-19 .5(g) 

ENVIRONMENTAL PROTECTION 

for turbines . The following information shall be included for each 

such HEDD unit: 

i. The name of the facility at which the HEDD unit is located ; 

ii. The facility ID number; 

iii . The emission unit ID number; 

iv. The HEDD unit description ; 

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 HEDD units 

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 of the facility at which the HEDD unit is located ; 

2 . The facility ID number; 

3. The emission unit ID number; 

4. The HEDD unit 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 how they will be overcome ; and 

7. An explanation of any revisions to the 2015 Plan. 

SUBCHAPTER 21. EMISSION STATEMENTS 

7 :27-21 .1 Definitions 

The following words and terms, when used in this subchapter, have the 

following meanings, unless the context clearly indicates otherwise . 

. . ."Operating scenario" means a plan for operating a facility or a 

portion thereof in a way, or according to a method, or using methods 

or processes, which are different from other methods or processes 

used at the facility, or portion thereof. An operating scenario may be 

incorporated into a permit through issuance of an initial operating 

permit, minor modification, significant modification, or authorized 

through a seven-day-notice. 

7 :27-21 .5 Required contents of an Emission Statement 

(a)-(i) (No change .) 

(j) The owner or operator of any VOC stationary storage tank 

with a floating roof shall include the following roof landing emission 

information : 

1 . As part of the Emission Statement, submit each tank's annual 

roof landing emissions as a separate operating scenario ; and 

2 . As supporting documentation, submit with the Emission 

Statement an annual electronic report titled "Floating Roof Landing 

Emission Summary Report" if the owner or operator of a floating 

roof tank has not implemented all control measures in the tank VOC 

control plan submitted pursuant to N.J.A.C. 7:27-16 .2(p), or if a 

floating roof tank is exempt pursuant to N.J .A .C. 7:27-16.2(f)6 . The 

report shall contain the following information for each tank: 

i . The tank NJID Number; 

ii . The total roof landing emissions ; 

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

roof, or domed external floating roof) ; 

iv . The total number of roof landing events ; 

v. A list of each VOC, including different grades and specifications 

of gasoline, stored in the tank for any part of the year; 

NEW JERSEY REGISTER, MONDAY, AUGUST 4, 2008 (CITE 40 N.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 bottom of the roof deck and the top most 

point of the surface of the tank floor ; 

viii . The diameter of the tank roof; and 

ix . The permit activity number if the tank is operating under a 

Preconstruction Permit and Operating Certificate . 

PROPOSALS 

CHAPTER 27A 

AIR ADMINISTRATIVE PROCEDURES AND PENALTIES 

SUBCHAPTER 3 . CIVIL ADMINISTRATIVE PENALITES AND 

REQUESTS FOR ADJUDICATORY HEARINGS 

7 :27A-3 .10 Civil administrative penalties for violation of rules adopted 

pursuant to the Act 

(a)-(1) (No change.) 

(m) The violations of N.J.A.C . 7:27, whether the violation is minor or 

non-minor in accordance with (q) through (t) below, and the civil 

administrative penalty amounts for each violation are as set forth in the 

following Civil Administrative Penalty Schedule . The numbers of the 

following subsections correspond to the numbers of the corresponding 

subchapter in N.J.A.C . 7:27 . The rule summaries for the requirements set 

forth in the Civil Administrative Penalty Schedule in this subsection are 

provided for informational purposes only and have no legal effect . 

CIVIL ADMINISTRATIVE PENALTY SCHEDULE 

1 .-3 . (No change .) 

4. The violations of N.J .A.C . 7 :27-4, Control and Prohibition of Particles from the Combustion of Fuel, and the civil administrative penalty amounts 

for each violation, per source, are as set forth in the following table : 

Citation 

N.J .A .C. 7 :27-4 .2 (a), (b) and (c) 

CLASS 

Maximum Actual Emissions 

For less than 10 pounds per hour: 

1 . Less than 25 percent over the allowable standard 

2. From 25 through 50 percent over the allowable standard 

3 . Greater than 50 percent over the allowable standard 

From 10 pounds through 22.8 pounds per hour: 

1 . Less than 25 percent over the allowable standard 

2. From 25 through 50 percent over the allowable standard 

3 . Greater than 50 percent over the allowable standard 

For greater than 22.8 pounds per hour: 

1 . Less than 25 percent over the allowable standard 

2. From 25 through 50 percent over the allowable standard 

3 . Greater than 50 percent over the allowable standard 

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, 2008 
16 . The violations of N.J .A.C . 7 :27-16, Control and Prohibition of Air Pollution by Volatile Organic Compounds (VOC), and the civil administrative 

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 rim seal 

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 rim seal 

system 

Maintain vapor space LEL 

Install and maintain gaskets, 

covers, sleeves, openings and 

vapor space 

Install and maintain rim seal 

system 

Install and maintain floating roof 

or equivalent 

Replace primary seal 

Replace secondary Seal 

Install and maintain covers and 

openings 

Install and maintain floating roof 

Install and maintain covers and 

openings 

Internal floating roof 

Roof Landings 

Submit control plan 

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 

Alaximum Actual Emissions 

For less than 10 pounds per hour: 

l . Less than 25 percent over the allowable standard 

2. From 25 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' 

From 10 pounds through 22.8 pounds per hour: 

1 . Less than 25 percent over the allowable standard NM $6,000' $12,000' $30,0003 $50,000' 

2 . From 25 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 . From 25 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 (if applicable) 

17 .-18 . (No change.) 

19 . The violations of N.J .A.C . 7 :27-19, Control and Prohibition of Air Pollution from Oxides of Nitrogen, and the civil administrative penalty 

amounts for each violation, are as set forth in the following table : 

Fourth and 

Each 

Type of First Second Third Subsequent 

Citation Class " Violation Offense Offense Offense Offense 

N.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 50 percent 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. From 25 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 

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(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 . From 25 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 40 N.J .R. 4476) NEW JERSEY REGISTER, MONDAY, AUGUST 4, 2008 
ENVIRONMENTAL 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. From 25 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 MMBTU per hour 

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 50 percent over the allowable standard NM $8,000 $16,000 $40,000 $50,000 

25-50 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 50 percent over the allowable standard NM $10,000 $20,000 $50,000 $50,000 

Greater than 50 MMBTU per hour 

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 .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 MMBTU per hour 

Adjust combustion process or install NM $2,000 $4,000 $10,000 $30,000] CEM 

Adjust Combustion 5-10 million NM $500 $1,000 $2,500 $7,500 BTU per hour 

Adjust Combustion 10-20 million NM $1,000 $2,000 $5,000 $15,000 BTU per hour 

Adjust Combustion 20 million 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 . 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 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 50 percent 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 MMBTU per hour " 

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 .9(d) 

N.J.A.C . 7:27-19 .9(e) 

N.J.A.C . 7:27-19 .12(a) 

Perform best 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 VOC and NO. : 

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 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)2 and 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.)