UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

REGION II AIR PROGRAMS BRANCH

Technical Support Document 

EPA’s Notice of Proposed Rulemaking 

For 

New Jersey Department of Environmental Protection’s State Implementation Plan 

Revision:

Subchapter 4: “Control and Prohibition of Particles from Combustion of Fuel”

Subchapter 8: “Permits and Certificates for Minor Facilities (and Major Facilities Without an 

Operating Permit)”

Subchapter 10: “Sulfur in Solid Fuels”

Subchapter 16: “Control and Prohibition of Air Pollution by Volatile Organic Compounds”

Subchapter 19: “Control and Prohibition of Air Pollution from Oxides of Nitrogen” 

Subchapter 21: “Emission Statements”

April 2010
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Technical Support Document

SIP Revision - State of New Jersey - Adopted March 20, 2009 

I. INTRODUCTION....................................................................................4

II. CLEAN AIR ACT REQUIREMENTS FOR OZONE ATTAINMENT, RACT AND NEW 

JERSEY’S RACT REGULATIONS....................................................................4

A. Ozone Attainment Requirements...................................................................4

B. RACT Requirements..............................................................................5

C. New Jersey’s RACT Regulations Addressing the 8-Hour Ozone Standard................5

III. EPA’S ANALYSIS OF STATE SUBMITTAL....................................................6

A. Procedural Background...........................................................................6

B. The Purpose of New Jersey’s SIP Revision ...................................................7

C. Subchapter 19: “Control and Prohibition of Air Pollution from Oxides of Nitrogen”...8

NEW RULES

1. N.J.A.C. 7:27-19.12 Municipal solid waste (MSW) incinerators........................8

2. N.J.A.C. 7:27-19.28 Sewage sludge incinerators.........................................10

3. N.J.A.C. 7:27-19.29 2009 HEDD Emission Reduction Compliance Demonstration 

Protocol...........................................................................................12

4. N.J.A.C. 7:27-19.30 2009 HEDD Emission Limit Achievement Plan................15

AMENDMENTS

5. N.J.A.C. 7:27-19.1: Definitions........................................................... 16

6. N.J.A.C. 7:27-19.2: Purpose, scope and applicability...................................17

7. N.J.A.C. 7:27-19.3: General Provisions...................................................19

8. N.J.A.C. 7:27-19.4: Boilers serving electric generating units..........................20

9. N.J.A.C. 7:27-19.5: Stationary combustion turbines....................................22

10. N.J.A.C. 7:27-19.6: Emissions averaging...............................................26

11. N.J.A.C. 7:27-19.7: Industrial/commercial/institutional boilers and other indirect 

heat exchangers..................................................................................26

12. N.J.A.C. 7:27-19.8: Stationary reciprocating engines..................................29

13. N.J.A.C. 7:27-19.9: Asphalt plants.......................................................29

14. N.J.A.C. 7:27-19.10: Glass manufacturing plants......................................31

15. N.J.A.C. 7:27-19.11: Emergency generators – recordkeeping........................32

16. N.J.A.C. 7:27-1912: (see NEW RULES above)........................................32

17. N.J.A.C. 7:27-19.13: Facility-specific NOx emission limits..........................32

18. N.J.A.C. 7:27-19.14: Procedures for obtaining approval under this subchapter...34

19. N.J.A.C. 7:27-19.15: Procedures and deadlines for demonstrating compliance....34

20. N.J.A.C. 7:27-19.16: Adjusting combustion processes................................35
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21. N.J.A.C. 7:27-19.17: Source emission testing..........................................35

22. N.J.A.C. 7:27-19.18: Continuous emission monitoring................................35

23. N.J.A.C. 7:27-19.19: Recordkeeping and recording...................................35

24. N.J.A.C. 7:27-19.20: Fuel switching.....................................................35

25. N.J.A.C. 7:27-19.21: Phased compliance – repowering..............................35

26. N.J.A.C. 7:27-19.22: Phased compliance – impracticality of full compliance by 

May 19, 2009.....................................................................................37

27. N.J.A.C. 7:27-19.23: Phased compliance – use of innovative control technology38

28. N.J.A.C. 7:27-19.24: MEG alerts.........................................................39

29. N.J.A.C. 7:27-19.25: Exemption for emergency use of fuel oil......................39

30. N.J.A.C. 7:27-19.26: Penalties............................................................39

31. N.J.A.C. 7:27-19.27: (Reserved) ........................................................39

32. N.J.A.C. 7:27-19.28 (see NEW RULES above).......................................40

33. N.J.A.C. 7:27-19.29 (see NEW RULES above).......................................40

34. N.J.A.C. 7:27-19.29 (see NEW RULES above).......................................40

35. Compliance dates...........................................................................40

D. Subchapter 4: “Control and Prohibition of Particles from Combustion of Fuel”.......41

AMENDMENTS

1. N.J.A.C. 7:27-4.1: Definitions.............................................................41

2. N.J.A.C. 7:27-4.2: Standards for the emission of particles.............................42 

E. Subchapter 8: “Permits and Certificates for Minor Facilities (and Major Facilities 

Without an Operating Permit)”............................................................43

F. Subchapter 10: “Sulfur in Solid Fuels”.......................................................43

AMENDMENTS

1. N.J.A.C. 7:27-10.1: Definitions...............................................................43

2. N.J.A.C. 7:27-10.2: Sulfur content standards.............................................44

3. N.J.A.C. 7:27-10.5 SO2 emission rate determinations..................................45

G. Subchapter 16: “Control and Prohibition of Air Pollution by Volatile Organic 

Compounds”..................................................................................45

H. Subchapter 21: “Emission Statements”........................................................51

I. Other Comments.................................................................................52

J. Generic RACT provisions at Subchapters 16 and 19.........................................53

IV. NOx RACT............................................................................................56

V. CONCLUSION.......................................................................................56
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I. INTRODUCTION

In this technical support document, EPA provides detailed information concerning our 

proposed findings of the ozone State Implementation Plan (SIP) for the State of New Jersey, 

submitted by the New Jersey Department of Environmental Protection (NJDEP) on April 21, 

2009. This SIP addresses federal Clean Air Act requirements for the State of New Jersey which 

is classified as “moderate” nonattainment for the 1997 8-hour ozone national ambient air quality 

standard (NAAQS or standard). It also addresses the fine particle NAAQS and Regional Haze. 

In this technical support document, EPA:

- documents our completeness determination;

- summarizes the statutory and policy requirements for moderate ozone 8-hour 

nonattainment area SIPs that address VOC and NOx requirements for Reasonably

Available Control Technology (RACT) and for particulates;

- describes our detailed analysis of the SIP, including the control measures and 

provisions relied on to demonstrate compliance with the CAA requirements for 

RACT; and 

- summarizes our conclusions on the SIP’s approvability with respect to those 

requirements. 

II. CLEAN AIR ACT REQUIREMENTS FOR OZONE ATTAINMENT, RACT AND 

NEW JERSEY’S RACT REGULATION

A. Ozone Attainment Requirements 

In 1997, EPA revised the health-based NAAQS for ozone, setting it at 0.08 parts per 

million (ppm) averaged over an 8-hour time frame. EPA set the 8-hour ozone standard based on 

scientific evidence demonstrating that ozone causes adverse health effects at lower ozone 

concentrations and over longer periods of time than was understood when the pre-existing 1-hour 

ozone standard was set. 

On April 30, 2004 (69 Fed. Reg. 23951), EPA finalized its attainment/nonattainment 

designations for areas across the country with respect to the 8-hour ozone standard. These actions 

became effective on June 15, 2004. The entire state of New Jersey is located in two multi-state 8-

hour ozone moderate nonattainment areas, the New York-Northern New Jersey-Long Island, NYNJ-CT nonattainment area, and the Philadelphia-Wilmington-Atlantic City, PA-NJ-MD-DE 

nonattainment area. 

These designations triggered the Act’s requirements under section 182(b) for moderate 

nonattainment areas, including a requirement to submit an attainment demonstration. EPA’s 

Phase 1 8-hour ozone implementation rule, published on April 30, 2004 (69 Fed. Reg. 23951) 

(Phase 1 Rule) specifies that states must submit attainment demonstrations for their nonattainment 

areas to the EPA by no later than three years from the effective date of designation, that is, by 
5

June 15, 2007. 

On November 29, 2005, EPA published Phase 2 of the 8-hour ozone implementation rule 

(70 Fed. Reg. 71612) (Phase 2 Rule) in which it addresses the control obligations that apply to 

areas designated nonattainment for the 8-hour ozone NAAQS. Among other things, the Phase 1 

and 2 Rules outline the SIP requirements and deadlines for various in areas designated as 

moderate nonattainment. For such areas, RACT plans were due by September 2006 (40 CFR 

51.912(a)(2)). 

B. RACT Requirements 

Sections 172(c)(1), 182(b)(2) and 182(f) of the Act require nonattainment areas that are 

designated as moderate or above to adopt RACT. All of New Jersey is subject to this requirement 

since all counties in the State are located in either of two nonattainment areas that are classified as 

moderate ozone nonattainment areas for the 8-hour ozone standard (40 CFR 81.331). In 

accordance with section 182(b), New Jersey must, at a minimum, adopt RACT level controls for 

sources covered by a Control Techniques Guidelines (CTG) document and for any major nonCTG sources. 

Section IV.G of EPA’s Phase 2 rule discusses the RACT requirements for the 1997 8-hour 

ozone standard. It states, in part, that where a RACT SIP is required, SIPs implementing the 8-

hour ozone standard generally must assure that RACT is met, either through a certification that 

previously required RACT controls represent RACT for 8-hour ozone implementation purposes 

or, where necessary, through a new RACT determination. The majority of counties in New Jersey

were previously classified under the 1-hour ozone standard as severe, while the remaining 

counties were subject to RACT as part of the Ozone Transport Region. New Jersey chose a 

uniform applicability level for RACT based on the severe classification which resulted in a 

statewide requirement for major sources of NOx and VOC to be defined as those having 

emissions of 25 tons per year or more of both VOC and/or NOx. Under the 8-hour standard, in 

areas classified as moderate, the definition for major sources is 50 tons per year for VOC and 100 

tons per year for NOx. However, New Jersey’s choice to retain the original 1-hour ozone limits 

statewide in New Jersey for purposes of the RACT analysis resulted in a more stringent 

evaluation of RACT. New Jersey’s use of 25 tons per year for RACT is consistent with the antibacksliding provisions of the Act. See Clean Air Act Sections 110(l) and 193; and South Coast 

Air Quality Management Dist (SCAQMD) v. EPA, 472 F.3d 882 (D.C. Cir. 2006). 

C. New Jersey’s RACT Regulations Addressing the 8-Hour Ozone Standard

Requirements 

New Jersey submitted a RACT assessment in an August 1, 2007 submission which was 

supplemented on December 14, 2007. The RACT submission from the State of New Jersey

consisted of: (1) a certification that previously adopted RACT controls in New Jersey’s SIP for 

101 source categories that were approved by EPA under the 1-hour ozone standard are based on 

the currently available technically and economically feasible controls, and that they continue to 

represent RACT for 8-hour ozone implementation purposes; (2) a commitment to adopt new or 
6

more stringent regulations that represent RACT control levels for both specific source categories 

and specific sources; and (3) a negative declaration that for certain Control Techniques Guidelines 

and/or Alternative Control Techniques (ACTs) documents there are no sources within New Jersey

or that there are no sources above the applicable thresholds. 

EPA reviewed the State’s RACT analysis and agreed with the State’s conclusions. On 

May 15, 2009 (74 FR 22837) EPA conditionally approved New Jersey’s RACT SIP for the 8-

hour ozone standard conditioned on the State’s meeting its commitment to submit adopted RACT 

rules for 13 source categories by April 1, 2009. To address this commitment, on March 20, 2009, 

New Jersey adopted the RACT rules for the following 12 source categories: alternative and 

facility-specific VOC and NOx emission limits; emulsified and cutback asphalt used for paving; 

asphalt pavement production plants; CTGs published in 2006: flat wood paneling, flexible 

packaging printing materials, and offset lithographic printing and letterpress printing; coal-fired 

boilers serving electric generating units (EGUs); oil and gas-fired boilers serving EGUs; High 

Electric Demand Day (HEDD) EGUs; industrial/commercial/institutional boilers and other 

indirect heat exchangers; municipal solid waste incinerators; glass manufacturing furnaces; 

sewage sludge incinerators; and VOC stationary storage tanks. The industrial adhesives and 

sealants source category (13th) was adopted on October 30, 2008 and submitted as a SIP revision 

on April 9, 2009. EPA will propose action on the adhesives and sealant rule in a separate action.

This TSD provides EPA’s analysis and approvability determination of amendments to 

New Jersey’s SIP: (1) for ozone, Subchapter 19, “Control and Prohibition of Air Pollution from 

Oxides of Nitrogen,” and Subchapter 16, “Control and Prohibition of Air Pollution by Volatile 

Organic Compounds” and related amendments to Subchapter 21, Emission Statements; and (2) 

for PM2.5, Subchapter 4, “Control and Prohibition of Particles from Combustion of Fuel,” and 

Subchapter 10, “Sulfur in Solid Fuels.” 

 

III. EPA’S ANALYSIS OF STATE SUBMITTAL

A. Procedural Background

On August 4, 2008, NJDEP proposed four new rules and amendments to Subchapter 19, 

and other amendments to Subchapter 4 (“Control and Prohibition of Particles from Combustion of 

Fuel”), Subchapter 10 (“Sulfur in Solid Fuels”), Subchapter 16 (“Control and Prohibition of Air 

Pollution by Volatile Organic Compounds”), Subchapter 21 (“Emission Statements”) and 

N.J.A.C. 7-27A-3 (“Civil Administrative Penalties and Requests for Adjudicatory Hearings”). 40

N.J.R. 4390 (Aug. 4, 2008). NJDEP held a public hearing on the proposed amendments on 

Friday, September 26, 2008, and accepted written comments until October 3, 2008. In an 

October 3, 2008 letter to NJDEP, EPA submitted comments on the proposed amendments to 

Subchapters 4, 16 and 19. EPA did not provide comments on the amendments to Subchapter 10, 

or 21. 
7

On March 20, 2009, NJDEP adopted the new rules1and amendments to Subchapter 19 

and amendments to Subchapters 4, 8, 10, 16, and 21. The new rules and amendments became 

operative on May 19, 2009. On April 21, 2009, NJDEP submitted the new rules and amendments 

as a SIP revision for EPA approval. 

NJDEP’s SIP revision consists of the following documents:

 Letter of transmittal dated April 21, 2009 from Mark N. Mauriello, NJDEP 

Commissioner to George Pavlou, EPA Region 2 Acting Regional Administrator.

 Attachment 1 - Documentation of Compliance with Public Notice Requirements.

 Attachment 2 - Copies of the newspaper legal advertisement and affidavits of 

publication.

 Attachment 3 - Copy of the New Jersey Register Notice of the Proposal.

 Attachment 4 - Copy of the Adoption, as published in the New Jersey Register on 

April 20, 2009. 41 N.J.R. 1752 (Apr. 20, 2009). The document includes NJDEP’s 

responses to public comments. 

EPA reviewed the SIP revision and on June 4, 2009, determined it to be administratively

and technically complete in accordance with the completeness criteria set out at 40 CFR Part 51, 

Appendix V. This TSD is the next step in EPA’s rulemaking. 

EPA will take action on Subchapter 8 in a separate Federal Register Notice. 

B. Purpose of New Jersey’s SIP Revision

New Jersey’s adopted new rules and amendments will help the State meet the 1997 and 

2008 8-hour ozone standard by reducing emissions of VOC and NOx. As stated on the first page 

of the adoption notice of the New Jersey Register (41 N.J.R. 1752; Apr. 20, 2009), the adopted 

new rules and amendments will also reduce sulfur dioxide (SO2) emissions, which will help the 

State meet the 1997 annual NAAQS for particulate matter of 2.5 microns or less (PM2.5). To 

achieve these emission reduction goals, the adopted new rules and amendments will impact the 

following 14 source categories of emissions: 

- sources subject to alternative or facility-specific NOx emission limits; 

- asphalt used for paving; asphalt pavement production plants; 

- boilers serving electric generating units; 

- sources subject to control technique guidelines (CTGs) for flat wood

 

1 Although New Jersey refers to the term “new rules” EPA regards them as new provisions to an existing rule, ie., 

Subchapter 19. 
8

paneling coatings, flexible packaging printing materials and offset lithographic printing 

and letterpress printing; 

- glass manufacturing furnaces; 

- boilers and stationary combustion turbines serving electric generating units that operate 

on high electric demand days (HEDD);

- industrial/commercial/institutional (ICI) boilers and other indirect heat exchangers; 

- municipal solid waste (MSW) incinerators; 

- sewage sludge incinerators; and 

- VOC stationary storage tanks. 

As further stated by NJDEP on the first page of the adoption notice of the N.J.R, the State 

anticipates that when the rules are fully implemented, they will achieve reductions of VOCs of 

more than 10 tons per day (TPD) during the ozone season and more than 2600 TPY. The adopted 

rules for VOCs will be fully implemented in 2020. NJDEP anticipates reductions of SO2 of more 

than 2500 TPY. NJDEP anticipates that NOx emissions should be reduced by more than 9 TPD 

during the ozone season and more than 3100 TPY. NJDEP anticipates additional NOx reductions 

of more than 63 tons on each high electric demand day. The NOx and SO2 rules will be fully

implemented in 2015 and 2013, respectively. 

C. Subchapter 19: “Control and Prohibition of Air Pollution from Oxides of Nitrogen”

The following is a description of the adopted new rules and amendments to Subchapter 19 

for major stationary sources of NOx. Each description is followed by EPA’s analysis and a 

recommendation of either approval, conditional approval, or disapproval. The descriptions are 

categorized below into two section: New Rules and Amendments. 

NEW RULES

1. N.J.A.C. 7:27-19.12: Municipal solid waste (MSW) incinerators

The new rule at N.J.A.C. 7:27-19.12 establishes a NOx emission limit and compliance 

monitoring requirements for MSW incinerators. 

The new provision at N.J.A.C. 7:27-19.12(a) requires owners/operators of any size MSW 

incinerator to restrict emissions of NOx to a maximum allowable emission concentration of 150 

parts per million measured on a dry volume basis (ppmvd) at 7.0% oxygen, averaged over a 

calendar day. N.J.A.C. 7:27-19.12(a)(1) requires compliance by July 18, 2009 if compliance is 

achieved by optimizing the existing NOx air pollution control system without modifying the 

MSW incinerator; whereas N.J.A.C. 7:27-19.12(a)(2) allows for a compliance date of May 1, 

2011 if compliance is achieved by installation of a new NOx air pollution control system or by 

physically modifying an existing MSW incinerator. 

If the NOx emission limit of 150 ppmvd cannot be achieved, N.J.A.C. 7:27-19.12(b) 

allows owners/operators of the affected MSW incinerator to comply by obtaining an alternative 
9

maximum allowable NOx emission rate approved by NJDEP pursuant to N.J.A.C. 7:27-19.13.

N.J.A.C. 7:27-19.12(c) requires owners/operators to install and to demonstrate compliance 

with the NOx emission limit using a continuous emission monitoring system (CEMS) pursuant to 

N.J.A.C. 7:27-19.18. 

According to NJDEP’s preamble section to the proposed requirements for MSW 

incinerators (see 40 N.J.R. 4390, 4400, August 4, 2008), there are 10 MSW incinerators at 

four facilities within the State that already use selective non-catalytic reduction (SNCR) control 

technology but may need to optimize the control systems to meet the new emission limit. There 

is only one other facility (with three MSW incinerators) in the State that would need to install 

SNCR to meet the new NOx emission limit. 

In addition, it should be noted that EPA’s Maximum Achievable Control Technology

(MACT) Federal plan for existing large (> 250 TPD municipal waste) MWCs (40 

CFR 62, Subpart FFF) establishes NOx emission limits in the range of 180 to 250 ppmvd at 7% 

O2 depending upon the type of incinerator (Note: mass burn refractory combustors have no NOx 

emission limit). EPA’s MACT Federal plan for small (35-250 TPD municipal waste) MWCs (40 

CFR 62, Subpart JJJ) establishes NOx emission limits for Class I units2in the range of 170 to 380 

ppmvd at 7% O2 depending upon the type of incinerator. EPA’s emission limit and NJDEP’s 

adopted allowable emission limit are both based upon a daily 24-hour average. Therefore, New 

Jersey’s new control rules are consistent with EPA’s MACT Federal plans for MWCs and provide 

for additional NOx emission reductions. 

It should also be noted that owners/operators of MSW incinerators previously submitted a 

RACT determination for NJDEP approval, in accordance with the requirements of the current SIP 

approved (72 Fed. Reg. 41626, July 31, 2007) N.J.A.C. 7:27-19.13, to establish a facility specific 

NOx emission limit. The State approved NOx RACT limits were then submitted by NJDEP to 

EPA as a SIP revision for approval. EPA approved SIP revisions for large and small MWCs at 

the following facilities: Union County Resource Recovery Facility (large MWCs), Essex County

Resource Recovery Facility (large MWCs), and the Warren County Resource Recovery Facility 

(small MWCs). The SIP approved NOx emission limits for each are as follows: Union County

RRF (225 ppmv, 3-hr average), Essex County RRF (155 ppmv, 24-hr average), Warren County

RRF (300 ppmvd, 3-hr average). 

The new rule at N.J.A.C. 7:27-19.12 will result in additional reductions in NOx emissions, 

will help New Jersey meet the 1997 and 200838-hour ozone standards, provides clarity for 

owners/operators of affected sources in meeting the requirements for achieving compliance, and 

 

2 Class I units mean small MWCs units subject to Subpart JJJ that are located at MWC plants with an aggregate plant 

combustion capacity greater than 250 TPD of municipal solid waste. The two MWCs at the Warren County Resource 

Recovery Facility in NJ are each Class I units. 

3 EPA had issued the 2008 ozone standard on March 12, 2008 and set the standard at a level of 0.075 ppm. On 

September 16, 2009, EPA announced it would reconsider the 2008 ozone standard. EPA is expected to issue a final 

rule in August 2010.
10

is consistent with EPA’s enforceability guidance document4for clarity and, therefore, is 

acceptable to EPA.

Recommended Action: Proposed Approval of N.J.A.C. 7:27-19.12

2. N.J.A.C. 7:27-19.28: Sewage sludge incinerators

 The new rule at N.J.A.C. 7:27-19.28 establishes a NOx emission limit and compliance 

requirements for sewage sludge incinerators. 

The new provision at N.J.A.C. 7:27-19.28(a) requires owners/operators of a sewage 

sludge incinerator to restrict emissions of NOx to a maximum allowable emission rate of 7.0 

pounds per ton of dry sewage sludge for Multiple Hearth type incinerators and 2.5 pounds per ton 

of dry sewage sludge for Fluidized Bed type incinerators, in accordance with Table 13 of 

Subchapter 19. Alternatively, owners/operators may meet alternative compliance requirements at 

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

Pursuant to section 19.3(f) of Subchapter 19, owners or operators of sewage sludge 

incinerators may comply by meeting the new presumptive NOx emission limits by one of the

following existing options or combination of (1) and (3): (1) an emissions averaging plan 

pursuant to sections 19.6 and 19.14 of Subchapter 19; (2) an alternative maximum allowable 

emission limit pursuant to section 19.13; (3) a plan for seasonal fuel switching pursuant to 

sections 19.14 and 19.20; (4) a plan for phased compliance through the use of repowering 

pursuant to section 19.21 or a plan for phased compliance through the use of innovative control 

technology pursuant to section 19.23. 

In accordance with the phased compliance plan options, owners or operators planning to 

comply with a phased compliance plan must fully implement the plan by November 7, 2009 and 

have begun to comply with interim control measures and other requirements by March 7, 2007. 

Pursuant to sections 19.21 and 19.23 of Subchapter 19, New Jersey must approve of any phased 

compliance plan. Applications to implement the phased compliance plans were due to New 

Jersey by February 7, 2006. 

Each of the compliance options listed above is addressed below. First, any emissions 

averaging plan or fuel switching plan must be approved by New Jersey, however EPA approval is 

not required since the emissions averaging procedures of section 19.6 and the fuel switching 

procedures of section 19.20 have already been approved by EPA into the New Jersey SIP. 

Second, any alternative maximum allowable emission limit must be approved by New Jersey and 

submitted for EPA approval as a SIP revision as provided in section 19.13. 

 

4

“Review of State Implementation Plans and Revisions for Enforceability and Legal Sufficiency,” September 23, 

1987; memorandum from J.Craig Potter, Thomas L. Adams Jr., and Francis S. Blake addressed to EPA Regional 

Administrators, Regional Counsels and Regional Air Division Directors. 
11

Finally, the phased compliance plan options in sections 19.21 and 19.23 would allow 

sources to comply with the NOx RACT requirements by November 7, 2009 which is beyond the 

November 15, 2007 attainment deadline for the New York-Northern New Jersey-Long Island 1-

hour ozone NAA. Since New Jersey did not revise the March 7, 2006 due date for sources to 

apply for phased compliance plan options in sections 19.21 and 19.23, EPA concludes that New 

Jersey did not mean for these two compliance options to be available to owners/operators of 

affected sources. 

When Subchapter 19 was last approved, EPA stated that it takes no action to either 

approve or disapprove the existing provisions for phased compliance using repowering or 

innovative control technology at sections 19.21 and 19.23, respectively, because they contain a 

compliance date of November 7, 2009, which was beyond the 1-hour ozone attainment date 

deadline. See 72 FR 41626, July 31, 2007. EPA continues to take no action on the phased 

compliance provisions at sections 19.21 and 19.23, which are no longer viable control options, 

and requests New Jersey to delete this date which has now passed the next time Subchapter 19 is 

revised.

If the NOx emission limit in Table 13 cannot be achieved, N.J.A.C. 7:27-19.28(b) allows 

owners/operators of the affected sewage sludge incinerator to comply with the alternative 

compliance options in section 19.3(f) or by obtaining an alternative maximum 

allowable NOx emission rate approved by NJDEP pursuant to N.J.A.C. 7:27-19.13.

N.J.A.C. 7:27-19.28(c) requires owners/operators to demonstrate compliance with the 

NOx emission limit using either CEMS or stack emission testing pursuant with the requirements 

at N.J.A.C. 7:27-19.15(a)2.

It should also be noted that owners/operators of sewage sludge incinerators previously

submitted a RACT determination for NJDEP approval, in accordance with the requirements of the 

current SIP approved (72 Fed. Reg. 41626, July 31, 2007) N.J.A.C. 7:27-19.13, to establish a 

facility specific NOx emission limit. The State approved NOx RACT limits were then submitted 

by NJDEP to EPA as a SIP revision for approval. EPA approved SIP revisions for sewage sludge 

incinerators at three facilities in New Jersey: Parsippany-Troy Hills Township Sewer Authority, 

Stony Brook Regional Sewerage Authority, and the Township of Wayne. Each of the SIP 

approved NOx emission limits are for multiple hearth type incinerators and EPA has calculated 

the equivalent emission limits to be in the range of 8.75 to 12.0 lb NOx/ton of dry sewage sludge. 

In accordance with EPA’s SIP approval for these three facilities, New Jersey may have lowered 

the NOx RACT limits based upon results of compliance stack emission testing. As indicated 

above, the new presumptive RACT emission limit for a multiple hearth type incinerator is 7.0 lbs 

NOx/ton dry sewage sludge. 

The new rule at N.J.A.C. 7:27-19.28 will result in reductions in NOx emissions, help New

Jersey meet the 1997 and 2008 8-hour ozone standard, provide clarity for owners/operators of 

affected sources in meeting the requirements for achieving compliance, and is consistent with 

EPA’s enforceability guidance document for clarity and, therefore, is acceptable to EPA. 
12

Recommended Action: Proposed Approval of N.J.A.C. 7:27-19.28

3. N.J.A.C. 7:27-19.29: 2009 HEDD Emission Compliance Demonstration 

Protocol 

This new rule at N.J.A.C. 7:27-19.29 addresses NOx emission reduction and compliance 

time requirements for owners/operators of high electric demand day (HEDD) units. Section 19.1 

of Subchapter 19 defines an HEDD unit as an electric generating unit, capable of generating 15 

megawatts or more, that commenced operation prior to May 1, 2005, and that operated less than 

or equal to an average of 50% of the time during the ozone seasons of 2005 through 2007. 

Section 19.29 contains the short term strategy is to achieve NOx reductions from HEDD units, on 

each HEDD, starting on May 19, 2009 through September 30, 2014 thereby allowing 

owners/operators of affected units time to develop and implement the long term strategy at

N.J.A.C. 7:27-19.30 which requires more stringent NOx emission reductions at the amended 

N.J.A.C. 7:27-19.4 [boilers serving electric generating units] and N.J.A.C. 7:27-19.5 [stationary

combustion turbines]. New Jersey’s short term strategy is accomplished by owners/operators 

developing an approvable “2009 HEDD Emission Compliance Demonstration Protocol” (2009 

Protocol) as outlined at N.J.A.C. 7:27-19.29. 

The short term strategy is based a Memorandum of Understanding (MOA)5signed on 

March 2, 2007 by New Jersey and the member states of the Ozone Transport Commission. This 

MOA requires New Jersey to reduce NOx emissions by 19.8 tons per day (TPD) on high electric 

demand days. The required reductions are based upon NOx emissions from operating HEDD 

units that occurred in the OTC states on July 26, 2005, which is the date chosen by the OTC as 

representative of a high electric demand day. Subpart 19.1 of Subchapter 19 defines an “HEDD” 

as “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 

http://oasis.pjm.com/doc/projload.txt.” 

The applicability criteria for affected sources is established at N.J.A.C. 7:27-19.29(a). 

Section 19.29 of Subchapter 19 applies to owners/operators of HEDD units, or their successors or 

assigns, that operated on July 26, 2005 and that meet the following: (1) an HEDD combustion 

turbine that was not controlled by water injection or selective catalytic reduction (SCR), or a 

HEDD boiler that was not controlled by SCR or SNCR; and (2) the NOx emission rate of the 

HEDD unit was 0.15 pounds per million BTU heat input (lb/MM BTU) or greater. The NOx 

emission rate for the HEDD unit for July 26, 2005 can be found at the EPA Clean Air Market 

Division’s (CAMD) website. 

N.J.A.C. 7:27-19.29(b) establishes that affected owners/operators of HEDD units must 

comply with the following: (1) prepare a 2009 Protocol in accordance with section 19.29(d) of 

 

5

“Memorandum of Understanding Among the States of the Ozone Transport Commission Concerning the 

Incorporation of High Electric Demand Day Emission Reduction Strategies into Ozone Attainment State 

Implementation Planning”
13

Subchapter 19 and include in the 2009 Protocol all control measures needed to achieve NOx 

emission reductions; (2) submit the 2009 Protocol to New Jersey by June 18, 2009; (3) obtain the 

NOx reductions determined by Equation 1 at section 19.29(c) of Subchapter 19 using one or more 

of the control measures that meet the requirements at section 19.29(d) of Subchapter 19 and that 

are listed in the 2009 Protocol, on each HEDD starting on May 19, 2009 [the operative date of 

Subchapter 19] through September 30, 2014, unless New Jersey has approved, pursuant to 

N.J.A.C. 7:27-19.22, a phased compliance plan with an initial compliance date that is after 

May 19, 2009; (4) demonstrate that all NOx reductions required by section 19.29(b)(3) of 

Subchapter 19 were obtained and include the demonstration in an annual report required at 

section 19.29(k) of Subchapter 19. The demonstration should use (i) calculations that 

demonstrate that the NOx reductions at section 19.29(b)(3) were achieved and (ii) the New 

Jersey approved method of demonstrating in the 2009 Protocol that implementation of the 2009 

Protocol on each HEDD that occurred starting January 1, 2005 through December 31, 2007 would 

have resulted in at least as many tons of NOx emissions as would have been required by the 

equation in section 19.29(c) of Subchapter 19. The owner/operator shall demonstrate that the 

2009 Protocol, or a modified protocol approved by New Jersey pursuant to section 19.29(h), was 

implemented by them on each HEDD during the calendar year of the applicable annual report; 

and (5) submit the annual report to NJDEP at the address indicated. 

As indicated in the paragraph above, N.J.A.C. 7:27-19.29(b)(3) requires owners/operators of 

HEDD units to obtain the NOx reductions determined by Equation 1 at section 19.29(c) starting 

on May 19, 2009 unless New Jersey has approved, pursuant to N.J.A.C. 7:27-19.22, a phased 

compliance plan that would allow an additional year, i.e. until May 19, 2010, for compliance. For 

additional details, the reader is referred to the final paragraph in section III.C.26 [N.J.A.C. 7:27-

19.22: Phased compliance – impracticality of full compliance by May 19, 2009] of this TSD. 

N.J.A.C. 7:27-19.29(c) requires that owners/operators obtain the NOx emission reductions 

determined by Equation 1 on each HEDD pursuant to section 19.29(b)(3) of Subchapter 19. 

Section 19.29(c) includes Equation 1 and the definition of terms used in the equation. 

N.J.A.C. 7:27-19.29(d) establishes the requirements of the 2009 Protocol that 

owners/operators of HEDD units must comply with. Owner/operator requirements include the 

following: (1) the Equation 1 calculations performed; (2) the list of control measures used to 

obtain reductions. New Jersey provides a list of control measures that may be considered to 

achieve the required NOx reductions. The required NOx reductions may also be obtained from 

non-HEDD units6; and (3) a list of required information to be included for each control measure.

N.J.A.C. 7:27-19.29(e) establishes a list of records to be maintained pursuant to the 

requirements of N.J.A.C. 7:27-19.19 [recordkeeping and reporting]. The records maintained 

should be sufficient to document that the emission reductions determined by Equation 1 are 

achieved. 

 

6

Section 19.1 of Subchapter 19 defines a “non-HEDD unit” as “an electric generating unit capable of generating 15 

MW or more, that commenced operation prior to May 1, 2005, and that operated more than an average of 50 percent 

of the time during the ozone seasons of 2005 through 2007.” 
14

N.J.A.C. 7:27-19.29(f), (g), (h), and (i) establish the following: (1) approval, revision and 

approval, or disapproval actions to be taken by New Jersey of owners/operators’ submittal of the 

2009 Protocol and the requirements and procedures for owners/operators for resubmittal of a 

revised 2009 Protocol if New Jersey determines the original submittal to be inadequate; (2) 

requirements for revising, at any time, a previously approved 2009 Protocol; and (3) requirements 

for the original owner/operator in revising an approved 2009 Protocol when there are new 

owners/operators of an HEDD unit. Section 19.29(g)(3) indicates that owners/operators will not 

be in compliance with the NOx reduction requirements of section 19.29(b)(3) if the 

owners/operators implement a proposed 2009 Protocol that was disapproved by New Jersey. 

N.J.A.C. 7:27-19.29(j) establishes that owners/operators may implement any emission 

reduction measure that meets the requirements of N.J.A.C. 7:27-19.29(d) provided the following 

requirements are met by owners/operators: (1) obtain all necessary permit modifications 

pursuant to Subchapters 8 and 22; (2) submit a revised 2009 Protocol to New Jersey within 30 

days of implementing the measure; and (3) maintain compliance with all applicable provisions of 

N.J.A.C 7:27. 

N.J.A.C. 7:27-19.29(k) establishes owner/operator requirements for submittal of an annual

report for each control measure and each HEDD. This provision includes a detailed list of 

required information to be submitted with the annual report. 

N.J.A.C. 7:27-19.29 is a new rule that will result in additional reductions in NOx

emissions during high electric demand days and helps NJDEP meet the 1997 and 2008 8-hour 

ozone standard. N.J.A.C. 7:27-19.29 provides owners/operators with sufficient details concerning 

compliance, reporting, recordkeeping and implementation of New Jersey’s requirements for a 

2009 Protocol. N.J.A.C. 7:27-19.29 provides sufficient level of detail of the 2009 Protocol 

requirements and New Jersey’s process for approval such that it is unnecessary for New Jersey to 

submit them to EPA for approval as SIP revisions. In addition, EPA supports New Jersey’s NOx 

reduction criteria in subpart 19.29(d)(2) of Subchapter 19 that requires that any control measures 

used to meet the NOx emissions reduction requirements of Equation 1 must result in emission 

reductions that are real, quantifiable, enforceable, surplus, and are not required to comply with 

any State or Federal permit, regulation, enforceable agreement, or HEDD emission reduction 

program. 

The new rule at N.J.A.C. 7:27-19.29 will result in reductions in NOx emissions during 

high electric demand days, may help New Jersey meet the 1997 and 2008 8-hour ozone standard, 

provides clarity for owners/operators of affected sources in meeting the requirements for 

achieving compliance, and is consistent with EPA’s enforceability guidance document for clarity

and, therefore, is acceptable to EPA. 

 Recommended Action: Proposed Approval of N.J.A.C. 7:27-19.29
15

4. N.J.A.C. 7:27-19.30: 2015 HEDD Emission Limit Achievement Plan 

This new rule at N.J.A.C. 7:27-19.30 addresses requirements for owners/operators of 

HEDD units in meeting new NOx emission limits starting in 2015 and beyond. As stated above, 

the new more stringent NOx emission limits apply to units under the new amendments at N.J.A.C. 

7:27-19.4 [boilers serving electric generating units] and N.J.A.C. 7:27-19.5 [stationary

combustion turbines]. Owners/operators of HEDD units will be required to submit to New Jersey

a “2015 HEDD Emission Limit Achievement Plan” (2015 Plan) by May 1, 2010. The purpose of 

the 2015 Plan is to document how the owner/operator intends to comply with the 2015 HEDD 

emission limits and to provide a schedule by which the new emission limits will be achieved for 

each HEDD unit. Owners/operators of HEDD units are required to submit to New Jersey an 

annual update on the progress of the 2015 Plan for each calendar year from 2010 through 2014. 

The annual progress plan requires owners/operators of HEDD units to indicate any obstacles that 

might impede progress in achieving compliance with the applicable 2015 NOx emission limit and 

any steps needed to overcome these obstacles. The following provides additional details on the 

new rule at N.J.A.C. 7:27-19.30. 

N.J.A.C. 7:27-19.30(a) requires owners/operators of HEDD units to submit the 2015 Plan 

to New Jersey by May 1, 2010. 

N.J.A.C. 7:27-19.30(b) provides that the purpose of a 2015 Plan is for owners/operators to 

describe how they intend to comply with the 2015 HEDD maximum allowable NOx emission 

rates for each HEDD unit. This provision establishes the required detailed information that 

owners/operators need to include in the 2015 Plan for the following cases: (1) identification and 

detailed information for HEDD units that will be taken out of service by May 1, 2015 in lieu of

complying with the applicable NOx emission rate (section 19.30(b)(1)); (2) identification and 

detailed information for any HEDD unit that will be complying with the applicable NOx emission 

rate by installing a control apparatus or operating differently (section 19.30(b)(2)); and (3) 

identification and detailed information for any HEDD unit that has already demonstrated 

compliance, in accordance with section 19.15 of Subchapter 19 [Procedures and deadlines for 

demonstrating compliance], with the applicable NOx emission rate.

N.J.A.C. 7:27-19.30(c) requires owners/operators of HEDD units to prepare an update on 

progress in complying with the 2015 Plan. The owners/operators’ update needs to include the 

following information: (1) an update for the years 2010 through 2014, if on January 1 of that 

calendar year, an HEDD unit (i) did not comply with the applicable NOx emission rates required 

for 2015 and (ii) was not taken out of service; (2) an update on progress in complying with the 

2015 Plan must be submitted to New Jersey by January 30 after the calendar year of the update; 

(3) an update must be submitted to the address provided by New Jersey; (4) an update must 

include the detailed information required by New Jersey for the HEDD units identified at section 

19.30(c)(1)(i)-(iii). It should be noted that EPA believes that the reference in the previous 

sentence to section 19.30(c)(1)(i)-(iii) is a typographical error and should instead reference to 

section 19.30(c)(1)(i)-(ii). This typographical error has been reported to and should be corrected 

by New Jersey. The detailed information includes (i) detailed facility and HEDD unit 

identification; (ii) progress on achieving the schedule for permitting, installation and operation of 
16

a control device or operation change; (iii) an explanation of any obstacles encountered or are 

anticipated and how they will be overcome; and (iv) an explanation of any revisions to the 2015 

Plan. 

The new rule at N.J.A.C. 7:27-19.30 provides sufficient details for owners/operators to 

develop plans for each of its HEDD units to meet more stringent NOx emission rates at sections 

19.4 and 19.5 starting on May 1, 2015. N.J.A.C. 7:27-19.30 will result in reductions in NOx 

emissions each day, including high electric demand days, starting in May 2015, help New Jersey

meet the 2008 8-hour ozone standard, and provides clarity for owners/operators of affected 

sources to comply with the requirements, is consistent with EPA’s enforceability guidance 

document for clarity and, therefore, is acceptable to EPA. 

 Recommended Action: Proposed Approval of N.J.A.C. 7:27-19.30

AMENDMENTS

5. N.J.A.C. 7:27-19.1: Definitions 

NJDEP added the following twenty-seven new terms or definitions to N.J.A.C. 7:27-19.1: 

“asphalt pavement production plant,” “blown glass,” “CFR,” “Class I renewable energy,” “Class 

II renewable energy,” “clean distributed generation,” “demand response,” “dual fuel,” “energy

efficiency measure,” “fiberglass,” “flat glass,” “glass removed,” “heavier than No. 2 fuel oil,” 

“High electric demand day or HEDD,” “High electric demand day unit or HEDD unit,” 

“MWh,” “Non-high electric demand day unit or non-HEDD unit,” “No. 2 and lighter fuel oil,” 

“on-specification used oil,” “petroleum refinery,” pounds/MWh,” “pressed glass,” “renewable 

energy,” “shed load,” “shift load,” “SSU viscosity,” “used oil,” and “viscosity.” NJDEP added 

these new terms and definitions to address new rules, amended provisions or to further clarify

existing provisions. 

NJDEP revised the following four definitions to N.J.A.C. 7:27-19.1: “Clean Air Act or 

CAA,” “electric generating unit or EGU,” “interim period,” and “Volatile organic compound.” 

The revisions are primarily word changes or clarifications to the definitions. The revised 

definition of “Volatile organic compound” incorporates by reference the definition of the term 

defined by EPA at 40 CFR 51.100(s). It should be noted that there is a typographical error in the 

definition of “interim period” as it refers to section 19.22: “Phased compliance – impracticability

of full compliance by May 19, 2009.” As discussed in more detail in section III.C.26 of this TSD, 

EPA has discussed this with New Jersey and the state has agreed to make the necessary revision 

to section 19.1 in future amendments. The required revision is that the interim period is to be not 

more than one year from the operative date, i.e. May 19, 2009, of Subchapter 19. 

NJDEP deleted the following term from N.J.A.C. 7:27-19.1: “former DER credit user.” 

NJDEP deleted this term in response to EPA’s formal comment to NJDEP during the public 
17

comment period [see comment number 11 on p 1754 of 41 N.J.R. 1752, April 20, 2009] for the 

currently adopted Subchapter 19. 

NJDEP’s amendments to the definitions in N.J.A.C. 7:27-19.1 clarify the terms in 

Subchapter 19 and, therefore, EPA proposes to approve the amendments to N.J.A.C. 7:27-19.1.

Recommended Action: Proposed Approval of N.J.A.C. 7:27-19.1.

6. N.J.A.C. 7:27-19.2: Purpose, scope and applicability

The amendments at N.J.A.C. 7:27-19.2(b) adds either clarifying wording or expands the 

applicability to Subchapter 19. There are no other amendments to N.J.A.C. 7:27-19.2.

N.J.A.C. 7:27-19.2(b)(5) amends and provides clarifying wording by revising the term 

“any rotary dryer located at an asphalt plant” to “any rotary dryer located at an asphalt pavement 

production plant.” 

N.J.A.C. 7:27-19.2(b)(9) expands the applicability for glass manufacturing furnaces at 

N.J.A.C. 7:27-19.2(b)(8) to include any glass manufacturing furnace producing blown glass, 

fiberglass, flat glass, or pressed glass having the potential to emit more than 10 tons of NOx per 

year. 

N.J.A.C. 7:27-19.2(b)(10) expands the applicability of Subchapter 19 to include any 

municipal solid waste incinerator. The new rule at N.J.A.C. 7:27-19.12 regulates NOx emission 

limits from municipal solid waste incinerators. 

N.J.A.C. 7:27-19.2(b)(11) expands the applicability of Subchapter 19 to include any 

sewage sludge incinerator. The new rule at N.J.A.C. 7:27-19.28 requires owners/operators of 

sewage sludge incinerators to meet NOx emission limits. 

The following discussion, while not directly relevant to this SIP revision, is being 

reiterated here for the record as a placeholder for future rulemaking.

Although NJDEP did not include any further amendments to N.J.A.C. 7:27-19.2, it should 

be noted that EPA submitted a formal comment to NJDEP during the public comment 

period [see comment number 12 on p 1754 of 41 N.J.R. 1752, April 20, 2009] for the 

currently adopted Subchapter 19 concerning section 19.2(d) of Subchapter 19 that 

provides the compliance requirements for emergency generators. EPA’s formal comment, 

submitted to NJDEP on October 3, 2008, is as follows: “The potential to emit (PTE) 

requirements for emergency generators need to be included in NJDEP’s permitting rules, 

Subchapters 8 and 22. Those subchapters should include the provisions that NJDEP 

deleted from the current SIP approved Subchapter 19: (1) the 500 hour annual operational 

restriction, or some other appropriate period that comports with EPA’s 1995 guidance and 

(2) the exemption for sources with PTE less than 25 tons per day (TPD) NOx. Also, for 
18

rule consistency purposes, EPA expects that NJDEP will include an hourly emergency

operation limit, not to exceed 500 hours, in the future amendments to Subchapter 19.”

EPA also made a similar comment in the final rule [72 Fed. Reg. 41626, July 31, 2007] 

when Subchapter 19 was last approved by EPA as a SIP revision. In the July 31, 2007 

final rule that approved Subchapter 19, EPA said, in part, “Specifically, as noted in EPA’s 

proposed rule, potential to emit (PTE) requirements for emergency generators should be 

included in the provisions of New Jersey’s permitting regulations that identify which 

sources must obtain a permit, i.e., Subchapters 8 and 22. For purposes of rule consistency, 

EPA believes it appropriate, although not required, that New Jersey revise the current 

state-adopted Subchapter 19 to include the emergency generator restrictions (e.g., 500 

hour annual operating restriction, and (2) the 25 tons per year (tpy) PTE source 

exemption).”

In NJDEP’s response to EPA’s October 3, 2008 comment on emergency generators, 

NJDEP makes three points. First, NJDEP indicates that the State’s proposed amendments 

to Subchapters 8, 19 and 22 did not include revisions that would affect emergency

generators and hence, the comment by EPA is beyond the scope of this rulemaking. 

While this rulemaking does not concern emergency generators, during the comment 

period EPA reiterated comments concerning emergency generators that were provided to 

New Jersey during its July 31, 2007 Subchapter 19 rulemaking. Since NJDEP did not 

make the revisions to Subchapters 8, 19, and 22 that EPA had requested, EPA repeated the 

comment to remind NJDEP to make EPA’s recommended revisions, regarding the 500 

hour PTE requirement, to Subchapters 8 and 22 and, for purposes of rule consistency, 

make the same revisions to Subchapter 19 that NJDEP deleted from a previously SIP 

approved Subchapter 19. 

Second, NJDEP, as it did for the July 2007 SIP approved version of Subchapter 19, 

responded to EPA’s comment that a 500 hour operating limit for emergency generators 

may be too restrictive and the calculation of PTE is based upon non-emergency use such 

as for testing and maintenance. In response, EPA repeats what it stated in the July 31, 

2007 final rule approving Subchapter 19, i.e., for purposes of calculating PTE for 

emergency generators, Subchapters 8 and 22 should be revised to include 500 hours 

operating period. In addition, EPA reminds NJDEP once again, that EPA’s September 

1995 guidance memo7states, “500 hours is an appropriate default assumption for 

estimating the number of hours that an emergency generator could be expected to operate 

under worst-case conditions. Alternative estimates can be made on a case-by-case basis 

where justified by the source owner or permitting authority (for example, if historical data 

or local power outages indicate that a larger or smaller number would be appropriate).” 

 

7

September 6, 1995 EPA guidance memo entitled, “Calculating Potential to Emit (PTE) for Emergency Generators,” 

from Mr. John S. Seitz, Director of Office of Air Quality Planning and Standards, to the Regional Office Air 

Directors
19

Third, NJDEP disagrees that an exemption to its emergency generator requirements is 

appropriate for facilities that emit less than 25 tons of NOx per year. NJDEP is concerned 

that an exemption for emergency generators could lead to high NOx emissions if the units 

were used as peaking units on HEDD. Such a situation could lead to reduced air quality in 

the State. The use of emergency generators as peaking units on HEDD is a new concern 

expressed by NJDEP and EPA agrees that such a use may result in reduced air quality. 

NJDEP’s amendments to the purpose, scope and applicability requirements in N.J.A.C. 

7:27-19.2 clarify what additional source categories are applicable to Subchapter 19 and, therefore, 

EPA proposes to approve the amendments to N.J.A.C. 7:27-19.2.

Recommended Action: Proposed Approval of N.J.A.C. 7:27-19.2 

7. N.J.A.C. 7:27-19.3: General provisions

There are no new amendments to N.J.A.C. 7:27-19.3(a), (b), (c), and (d). 

N.J.A.C. 7:27-19.3(e) is amended to allow a 90-day non-renewable extension of a 

deadline set forth at N.J.A.C. 7:27-19.13(b)(5) which requires owners/operators of sources that 

were issued either a facility-specific or an alternative emission limit prior to May 1, 2005 to 

submit a new request to NJDEP for a new facility-specific or alternative emission limit by

August 17, 2009. In addition, N.J.A.C. 7:27-19.3(e) is amended by deleting an outdated 

requirement that, notwithstanding the request for the extension, owners/operators certify that the 

facility complies with applicable emission limits in Subchapter 19 by the May 31, 1995 deadline. 

NJDEP amended N.J.A.C. 7:27-19.3(f) to allow for alternative compliance options for 

owners or operators of sewage sludge incinerator facilities which are now regulated under 

N.J.A.C. 7:27-19.28. In addition, N.J.A.C. 7:27-19.3(f) allows for alternative compliance options 

for any owner/operator of equipment or source operations listed in N.J.A.C. 7:27-19.2(b). 

Therefore, since N.J.A.C. 7:27-19.2(b) was amended to include municipal solid waste 

incinerators, now regulated under N.J.A.C. 7:27-19.12, and additional glass manufacturing 

facilities, regulated under N.J.A.C. 7:27-19.10, these facilities are also allowed to consider 

alternative compliance options under N.J.A.C. 7:27-19.3(f). However, on and after May 1, 2015, 

N.J.A.C. 7:27-19.3(f) excludes owners/operators of any HEDD unit in using the alternative 

compliance options of subsection 19.3(f) to comply with the NOx emission limits at subsections 

19.4 or 19.5. 

The alternative compliance options at subsection 19.3(f) include the following: (1) an 

averaging plan pursuant to N.J.A.C. 7:27-19.6 and 19.14; (2) an alternative maximum allowable 

emission rate pursuant to N.J.A.C. 7:27-19.13; and (3) a phased compliance plan for either 

repowering or innovative control technology pursuant to N.J.A.C. 7:27-19.21 and 19.23, 

respectively. For a full discussion of the four compliance options at subsection 19.3(f), see 

section III.C.2.of this TSD which discusses the options in the context of sewage sludge 

incinerators. As discussed in section III.C.2., New Jersey did not revise the March 7, 2006 due 

date for sources to apply for phased compliance plan options in sections 19.21 and 19.23 and 
20

therefore, EPA concludes that New Jersey did not mean for these two compliance options to be 

available to sources. 

NJDEP deleted the provisions at N.J.A.C. 19.3(g) and (h) which are provisions related to 

the State’s terminated Open Market Trading (OMET) Program. NJDEP deleted these provisions 

in response to EPA’s formal comment to NJDEP during the public comment period [see comment 

number 11 on p 1754 of 41 N.J.R. 1752, April 20, 2009] for the currently adopted Subchapter 19. 

These rule deletions are acceptable to EPA. 

The amendments to the general provisions requirements at N.J.A.C. 7:27-19.3 are 

consistent with EPA’s enforceability guidance document for clarity and, therefore, are acceptable 

to EPA. 

Recommended Action: Proposed Approval of N.J.A.C. 7:27-19.3

8. N.J.A.C. 7:27-19.4: Boilers serving electric generating units

 

NJDEP amended N.J.A.C. 7:27-19.4(a) to clarify the following:

(1) that owners/operators of boilers serving an electric generating unit (EGU) must 

comply with the NOx emission rates in Tables 1, 2 and 3 unless the owner/operator is 

complying with subsection 19.3(f) [alternative compliance options] or as specified in an 

enforceable agreement with NJDEP; 

(2) that applicable operative times for complying with NOx emission limits for Tables 1, 2 

and 3; 

(3) that coal-fired EGUs may be eligible for a 1-year extension of the December 15, 2012 

Table 1 compliance date pursuant to subsection 19.4(f); and 

(4) that an EGU is also subject to NJDEP’s state-of-the-art (SOTA) requirements of 

Subchapters 8 and 22, lowest achievable emission rate (LAER) requirements at 

Subchapter 18, and best available control technology (BACT) requirements at 40 CFR

52.21, incorporated by reference into Subchapter 19, as applicable. 

N.J.A.C. 7:27-19.4(a) includes the NOx emission rates and operative times for EGUs in 

Tables 1, 2 and 3. Table 1 is operative through December 14, 2012 and includes NOx emission 

rates expressed as pound NOx per million BTU (lb NOx/MM BTU). The NOx emission rate for 

a particular EGU depends upon the boiler type and the fuel type combusted. The NOx emission

rates at Table 1 are unchanged from the emission rates in the current SIP approved Subchapter 19. 

The NOx emission rates in Table 2 are expressed as pounds per megawatt hour (lb 

NOx/MWh) and are operative from December 15, 2012 through April 30, 2015. For comparative 

purposes, the conversion of emission rates from lb/MM BTU to lb/MWh is computed using the 
21

boiler heat rate conversion factor of 10,000 BTU per kilowatt hour [see NJDEP response to EPA 

comment number 39 on p 1760 of 41 N.J.R. 1752, April 20, 2009]. The NOx emission rates in 

Table 2 for coal-fired boilers are reduced by 75%-85%, depending upon boiler type, compared to 

the emission rates in Table 1 [equivalent to 6 to 10 lb NOx/MWh]. For “oil and/or gas” and “gas 

only” fired boilers, the NOx emission rates in Table 2 are not reduced. The NOx emission rates 

in Table 3 are also expressed as lb NOx/MWh and are operative on and after May 1, 2015. The 

NOx emission rates in Table 3 for coal-fired boilers are not lowered compared to the emission 

rates in Table 2. However, the NOx emission rates in Table 3 for boilers firing oil are reduced in 

the range of 28.6% to 76.7%, depending upon the type of fuel oil fired and boiler type; and for 

boilers firing “gas only” the NOx emission rates are reduced in the range of 50% to 76.7% 

depending upon the boiler type. 

There are no new amendments to N.J.A.C. 7:27-19.4(b) and (c). 

NJDEP amended N.J.A.C. 7:27-19.4(d)(1) and (2) requiring owners/operators of EGUs to 

demonstrate compliance with the new NOx emission limits in Tables 2 and 3 as follows: (1) using 

the methods at subsection 19.15(a), coal-fired boilers subject to the NOx emission rates in Table 2 

must demonstrate compliance by June 15, 2013 or, in case of an alteration to the boiler or control 

apparatus, by the date determined by subsection 19.15(c), whichever date is earlier, except if a 1-

year extension is granted pursuant to subsection 19.4(f); and for owners/operators of EGUs that 

fire fuel other than coal and are subject to the NOx emission rates in Table 3 must demonstrate 

compliance by November 1, 2015 or, in case of an alteration to the boiler or control apparatus, by

the date determined by subsection 19.15(c), whichever date is earlier.

NJDEP amended N.J.A.C. 7:27-19.4(e) to allow owners/operators of coal-fired EGUs to 

be exempt from including NOx emission rates during periods of startup and shutdown for 

purposes of calculating the 24-hour NOx emission rate. As explained in NJDEP’s response to 

comment [see 41 N.J.R. 1752; 1758, number 26, April 20, 2009], this exclusion is granted based 

upon a 2002 Administrative Consent Decree (ACD) between NJDEP and PSE&G because SCR 

controls are not fully effective until the SCR reaches operating design temperatures which occurs 

during normal boiler operating load instead of during startup and shutdown situations. EPA 

agrees with NJDEP that low temperature operations during periods of startup and 

shutdown do not allow SCR technology to effectively control NOx emissions8 When calculating 

a 24-hour NOx emission rate for a coal boiler, section 19.4 allows owners/operators to exclude 

emissions during startup and shutdown under the following restricted conditions: (1) during 

startup, for a period not to exceed 8 hours, when the unit is not combusting fossil fuel (coal), from 

initial combustion until the unit combusts coal and is synchronized with a utility electric 

distribution system; and (2) during shutdown, when the unit is no longer combusting coal and no 

longer synchronized with a utility electric distribution system. New Jersey provided for this 

exemption because of the following technological limitations: selective catalytic reduction (SCR) 

 

8

. In an email dated December 11, 2009, New Jersey confirmed to EPA that (1) of the 10 operating coal fired boilers 

(serving electric generating units), by 2012, 9 coal-fired boilers would be operating with SCR controls and one would 

be shut down; and (2) currently there are 5 coal fired boilers operating with SCR controls, 3 operating with selective 

non catalytic reduction (SNCR) controls and 2 not operating with either SCR or SNCR controls.
22

and selective non-catalytic reduction (SNCR) control technologies do not control NOx emissions 

effectively at lower than optimum temperatures which can occur during startup and shutdown 

periods. EPA is in agreement with New Jersey’s exemption because it is consistent with the 

primary aspects of EPA’s guidance9for SIPs containing startup and shutdown provisions. New 

Jersey’s startup and shutdown provision at section 19.4 meets the primary aspects of EPA’s 

guidance for the following reasons: (1) the impact on ambient air quality is minimized by New 

Jersey’s narrowly defined startup and shutdown requirements; (2) the exemption only applies 

during startup and shutdown periods when coal is not combusted; (3) the NOx control devices 

have technological limitations during startup and shutdown periods; and (4) New Jersey requires 

compliance with oil/gas NOx emission limits during this startup/shutdown period. 

NJDEP amended N.J.A.C. 7:27-19.4(f) to allow a 1-year extension to owners/operators of 

coal-fired EGUs required to meet the Table 2 compliance deadline of December 15, 2012 and the 

June 15, 2013 compliance demonstration deadline. NJDEP provides details of the administrative 

and procedural requirements needed by owners/operators to apply for the 1-year extension and the 

conditions under which NJDEP will approve an application. 

NJDEP amended N.J.A.C. 7:27-19.4(g) to require owners/operators of HEDD units to 

submit the 2009 Protocol and annual reports pursuant to subsection 19.29. 

NJDEP amended N.J.A.C. 7:27-19.4(h) to require owners/operators of HEDD units to 

submit the 2015 HEDD Emission Limit Achievement Plan and annual progress updates, as 

applicable, pursuant to subsection 19.30. 

The amendments at N.J.A.C. 7:27-19.4 will result in additional reductions in NOx 

emissions, however will not help New Jersey meet the attainment date for the 1997 8-hour ozone 

standard but will help New Jersey meet the 2008 8-hour ozone standard, provides clarity for 

owners/operators of affected sources in meeting the requirements for achieving compliance, and 

is consistent with EPA’s enforceability guidance document for clarity and, therefore, is acceptable 

to EPA.

Recommended Action: Proposed Approval of N.J.A.C. 7:27-19.4

9. N.J.A.C. 7:27-19.5: Stationary combustion turbines

The amendments to N.J.A.C. 7:27-19.5(a)(1)-(3), for any simple cycle turbine, clarify that 

the NOx emission limits in Table 4 are applicable, unless the source is complying with the 

N.J.A.C. 7:27-19.3(f) compliance alternatives. The Table 4 emission rates, expressed as lb/MM 

BTU, are unchanged from the previous SIP approved version of Subchapter 19 (72 Fed. Reg. 

41525, July 31, 2007) and are applicable as follows: 

 

9 Memorandum dated September 20, 1999 entitled “State Implementation Plans: Policy Regarding Excess Emissions 

During Malfunctions, Startup, and Shutdown,” from Steven A. Herman, Assistant Administrator for Enforcement and 

Compliance Assurance and Robert Perciasepe, Assistant Administrator for Air and Radiation addressed to Regional 

Administrators, Regions I-X. 
23

(1) until March 6, 2007, any simple cycle turbine with a maximum gross heat input rate of 

at least 30 MM BTU/hr; 

(2) March 7, 2007 through May 19, 2009 [operative date of Subchapter 19], Table 4 is 

applicable only to a simple cycle turbine with a maximum gross heat input rate of at least 

25 MM BTU/hr that is a NOx Budget source, i.e., sources regulated under Subchapter 30, 

NJDEP’s CAIR NOx Trading Program; and

(3) from May 20, 2009 through April 30, 2015, any simple cycle turbine that is an HEDD 

unit, NOx emission rates shall be no greater than the lesser of the emission rates in Table 4 

or the maximum allowable NOx emission rate contained in its preconstruction or 

operating permit. 

The amendments to N.J.A.C. 7:27-19.5(b)(1)-(3), for any combined cycle turbine or 

regenerative cycle turbine, clarify that the NOx emission limits in Table 5 are applicable, unless 

the source is complying with the N.J.A.C. 7:27-19.3(f) compliance alternatives. The Table 5 

emission rates, expressed as lb/MM BTU, are unchanged from the previous SIP approved version 

of Subchapter 19 and are applicable as follows: 

(1) until March 6, 2007, Table 5 is applicable only to a combined cycle turbine or 

regenerative cycle turbine with a maximum gross heat input rate of at least 30 MM 

BTU/hr; 

(2) March 7, 2007 through May 19, 2009, Table 5 is applicable only to a combined cycle 

turbine or regenerative cycle turbine with a maximum gross heat input rate of at least 25 

MM BTU/hr that is a NOx Budget source, i.e., sources regulated under Subchapter 30, 

NJDEP’s CAIR NOx Trading Program; and

(3) from May 20, 2009 through April 30, 2015, any combined cycle turbine or 

regenerative cycle turbine that is an HEDD unit, NOx emission rates shall be no greater 

than the lesser the emission rates in Table 5 or the maximum allowable NOx emission rate 

contained in its preconstruction or operating permit. 

There are no new amendments to N.J.A.C. 7:27-19.5(c). 

The amendments to N.J.A.C. 7:27-19.5(d)(1)-(2), for any stationary combustion turbine 

(combined cycle, regenerative cycle or simple cycle), clarify that the NOx emission limits in Table 

6 are applicable. The Table 6 emission rates, expressed as lb NOx/MWh, are unchanged from the 

previous SIP approved version of Subchapter 19 and are applicable as follows: 

(1) March 7, 2007 through May 19, 2009, Table 6 is applicable to a stationary combustion 

turbine with a maximum gross heat input rate of at least 25 MM BTU/hr that is not a NOx

Budget source, unless the source is complying with either the N.J.A.C. 7:27-19.3(f) 
24

compliance alternatives or the N.J.A.C. 7:27-19.5(c)(1)-(5) exemption; and 

(2) May 20, 2009 and thereafter, Table 6 is applicable to any combustion turbine that is a 

non-HEDD unit. 

As stated in section III.C.2 [sewage sludge incinerators], the references above at N.J.A.C. 

7:27-19.5(a), (b) and (d) to the compliance alternatives at N.J.A.C. 7:27-19.3(f) for the phased 

compliance plan options in sections 19.21 and 19.23 would allow sources to comply with the NOx

RACT requirements by November 7, 2009. Since New Jersey did not revise the March 7, 2006 

due date for sources to apply for phased compliance plan options in sections 19.21 and 19.23, 

EPA concludes that New Jersey did not mean for these two compliance options to be available to 

owners/operators of affected sources. 

There are no new amendments to N.J.A.C. 7:27-19.5(e). 

The amendment to N.J.A.C. 7:27-19.5(f) is grammatical in nature (pounds/MWh replaces 

lbs/MWh) and is considered a minor administrative change and therefore provides additional 

clarity to this provision and is acceptable to EPA. 

The amendments to N.J.A.C. 7:27-19.5(g), for a stationary combustion turbine that is a 

HEDD unit or a stationary combustion turbine that is capable of generating 15 MW or more and 

that commenced operation on or after May 1, 2005, clarify that the NOx emission limits in Table 7

are applicable. The Table 7 emission rates, expressed as lb NOx/MWh, are more stringent than 

the Table 6 emission limits and are applicable as follows: 

(1) On and after May 1, 2015, the Table 7 emission limits are applicable to 

owners/operators of the indicated source category; and 

(2) for such applicable units that are permitted to combust either liquid fuel oil or gaseous 

fuel, NOx emissions are not to exceed the Table 7 emission rate for gaseous fuels during 

operation on HEDDs, regardless of the fuel combusted, unless combusting gaseous fuel is 

not possible due to gas curtailment. 

The amendments to N.J.A.C. 7:27-19.5(g) and Table 7 are acceptable to EPA because 

additional reductions in NOx emissions from stationary combustion turbines will be achieved by

the more stringent NOx emission rates for HEDD units and stationary combustion turbines that 

operate capable of generating 15 MW or more and that commenced operation on or after May 1, 

2005. 
25

To clarify the applicability schedule of Tables 4 through 7 at N.J.A.C. 7:27-19.5, EPA has 

prepared the following summary table. 

N.J.A.C.

7:27-19.5

Through March 6, 

2007

March 7, 2007 

through May 19, 

2009

May 20, 2009 

through April 30, 

2015

On and after 

May 1, 2015

Table 4 All Simple Cycle 

Turbines (≥30 MM 

BTU/hr)

NOx Budget Source 

Simple Cycle 

Turbines (≥25 MM 

BTU/hr)

HEDD Unit Simple 

Cycle Turbines

N/A

Table 5 All Combined Cycle 

or Regenerative 

Cycle Turbines (≥30 

MM BTU/hr)

NOx Budget Source 

Combined Cycle or 

Regenerative Cycle 

Turbines (≥25 MM 

BTU/hr)

HEDD Unit 

Combined Cycle or 

Regenerative Cycle 

Turbines

N/A

Table 6 N/A All Non-Budget 

Source Combustion 

Turbines (≥25 MM 

BTU/hr)

All Non-HEDD Unit 

Combustion 

Turbines

All Non-HEDD Unit 

Combustion 

Turbines

Table 7 N/A N/A N/A All HEDD Unit 

Combustion 

Turbines or a 

Combustion Turbine 

capable of 

generating ≥ 15 MW 

and commenced 

operation ≥ May 1, 

2005 

The new provision at N.J.A.C. 7:27-19.5(h) clarifies that any 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 (LAER) requirements at 7:27-18 , 

and best available control technology (BACT) requirements at 40 CFR 52.21, incorporated 

by reference into Subchapter 19, as applicable. This new provision repeats existing regulatory

requirements for owners/operators of new and modified sources and therefore is acceptable to 

EPA. 

The new provision at N.J.A.C. 7:27-19.5(i) provides clarification to owners/operators 

concerning the date for demonstrating compliance for non-HEDD turbines required to meet the 

NOx emission rates in Table 6 and for HEDD turbines required to meet NOx emission rates in 

Table 7. This new provision provides clarity to owner/operators as to when demonstration of 

compliance is required and therefore is acceptable to EPA. 

The new provisions at N.J.A.C. 7:27-19.5(j) repeats the requirement at N.J.A.C. 7:27-

19.29 that applicable owners/operators of HEDD units are to submit to NJDEP the 2009 Protocol 

and annual reports. 
26

The new provisions at N.J.A.C. 7:27-19.5(k) repeats the requirement at N.J.A.C. 7:27-

19.30 that applicable owners/operators of HEDD units are to submit to NJDEP the 2015 Plan and

annual reports. 

The amendments at N.J.A.C. 7:27-19.5 will result in additional reductions in NOx 

emissions, provides clarity for owners/operators of affected sources in meeting the requirements 

for achieving compliance, and is consistent with EPA’s enforceability guidance document for 

clarity and, therefore, is acceptable to EPA. The amendments at N.J.A.C. 7:27-19.5 will help the 

State meet the 1997 and 2008 8-hour ozone standards and, therefore, are acceptable to EPA.

Recommended Action: Proposed Approval of N.J.A.C. 7:27-19.5. 

10. N.J.A.C. 7:27-19.6: Emissions averaging 

The only amendment to N.J.A.C. 7:27-19.6 is to section 19.6(j). In response to a public 

comment (see response to comment number 53 on p 1764 of 41 N.J.R. 1752, April 20, 2009) 

NJDEP clarified that a Generator Forced/Unplanned Outage, as defined by PJM Interconnection 

LLC, is a reasonably unforeseeable circumstance. 

The amendment at N.J.A.C. 7:27-19.6 provides clarity for owners/operators of affected 

sources in meeting the requirements for determining averaging of NOx emissions, and is 

consistent with EPA’s enforceability guidance document for clarity and, therefore, is acceptable 

to EPA. 

Recommended Action: Proposed Approval of N.J.A.C. 7:27-19.6.

11. N.J.A.C. 7:27-19.7: Industrial/commercial/institutional boilers and other 

indirect heat exchangers

The primary amendments to N.J.A.C. 7:27-19.7 for industrial/commercial/institutional 

(ICI) boilers and other indirect heat exchangers (IHEs) are summarized as follows: (1) the NOx 

emission limits are lowered from the current SIP approved limits, depending upon the fuel type, 

as summarized in Table 9; (2) the applicability threshold for sources affected by the new emission 

limits at Table 9 is lowered from 50 MM BTU/hr (maximum gross heat input rate) to sources 

having a heat input rate of 25 MM BTU/hr; (3) the new limits at Table 9 are effective on May 1, 

2011 for sources that comply by not physically modifying the unit and one year later for sources 

requiring physical modifications; and (4) the new emission limits are not applicable to 

owners/operators of ICIs and IHEs located at petroleum refineries – these sources continue to be 

regulated under the Table 8 emission limits. 

 

In NJDEP’s proposal to amend Subchapter 19 (see 40 N.J.R. 4390, 4399-4400 

August 4, 2008), the State estimates that an additional 200 units will be subject to maximum 

allowable NOx emission rates and that the amendments to section 19.7 will result in emission 

reductions of approximately 1.7 to 2.9 tons NOx per ozone season day. 
27

The amendments to N.J.A.C. 7:27-19.7(a)-(f) are summarized as follows: 

(1) section 19.7(a) was applicable until March 7, 2007 and this subsection is now reserved. 

The owners/operators of applicable sources (≥ 20<50 MM BTU/hr) now need to annually 

adjust the combustion process in accordance with N.J.A.C. 7:27-19.7(g) instead of 

complying with either (i) annual adjustment of the combustion process or (ii) meet a specific 

now obsolete presumptive emission rate in section 19.7(b); 

(2) the previous Table 5 and 6 presumptive NOx emission rates at sections 19.7(b) and (c) 

are now included in new Table 8. Sections 19.7(b) and (c) are now reserved;

(3) a grammatical revision is made to section 19.7(d); 

(4) section 19.7(e) was applicable until March 7, 2007 and this subsection is now reserved. 

The owners/operators of applicable sources (≥ 50<250 MM BTU/hr) now need to comply 

with a new presumptive emission rate and annually adjust the combustion process in 

accordance with section 19.7(g) instead of complying with a now obsolete presumptive 

emission rate and complying with either (i) annual adjustment of the combustion process or 

(ii) establish compliance by using CEMS pursuant to meeting a now obsolete presumptive 

emission rate in section 19.7(b); 

(5) section 19.7(f) allows complying with the N.J.A.C. 7:27-19.3(f) compliance alternatives 

instead of specific presumptive emission rates – this section is now reserved but the section 

19.3(f) compliance alternatives are now included as an alternative to the presumptive 

emission rates at 19.7(h) and (i). For a further discussion concerning section 19.3(f), see 

section III.C.2 of this TSD that discusses the options in the context of sewage sludge 

incinerators. 

The amendments at N.J.A.C. 7:27-19.7(a)-(f) provide clarity for owners/operators of 

affected sources in meeting compliance and is consistent with EPA’s enforceability guidance 

document for clarity and, therefore, is acceptable to EPA. 

There are no new amendments to N.J.A.C. 7:27-19.7(g). 

The amendments to N.J.A.C. 7:27-19.7(h) clarify the final dates when owners/operators of 

affected ICI boilers or IHE must remain in compliance with the NOx emission rates summarized 

in Table 8. The maximum allowable NOx emission rates in Table 8 became effective on and after 

March 7, 2007, are unchanged from the NOx emission rates in the current SIP approved 

Subchapter 19, and are applicable to sources located at a major NOx facility. Owners/operators 

of affected sources must be in compliance with the NOx emission rates in Table 8 unless the 

owner/operator is complying with the N.J.A.C. 7:27-19.3(f) compliance alternatives. The 

required final compliance dates are summarized as follows: 
28

(1) for sources not located at a petroleum refinery, owners/operators of affected sources 

must meet the applicable NOx emission rates in Table 8 as follows: (i) through April 30, 

2010 if compliance is achieved without physically modifying the boiler or IHE and (ii) 

through April 30, 2011 if compliance is achieved by physically modifying the boiler or 

IHE; and 

(2) for sources located at a petroleum refinery, the aforementioned final compliance dates 

do not apply. Owners/operators of boilers and IHE were to be in compliance with the 

Table 8 NOx emission rates by the March 7, 2007 effective date, and thereafter. 

N.J.A.C. 7:27-19.7(i) is a new provision that requires owners/operators of ICI boilers and 

IHEs with a maximum gross heat input rate of at least 25 MM BTU/hr, whether or not it is 

located at a major NOx facility, to meet the NOx emission rates in the new Table 9. The new NOx 

emission rates do not apply to owners/operators of ICI boilers and IHEs located at a petroleum 

refinery which will continue to be regulated at N.J.A.C. 7:27-19.7(h) at Table 8. 

Owners/operators of the applicable sources shall be in compliance with the applicable NOx 

emission rates in Table 9, unless the owner/operator is complying with the N.J.A.C. 7:27-19.3(f) 

compliance alternatives, in accordance with the following schedule: 

(1) for the applicable sources with a maximum gross heat input rate of ≥ 25<50 MM 

BTU/hr: (i) on and after May 1, 2011, if compliance is achieved without physically 

modifying the boiler or IHE and (ii) on and after May 1, 2012, if compliance is achieved 

by physically modifying the boiler or IHE; and 

(2) for the applicable sources with a maximum gross heat input rate of ≥50 MM BTU/hr: 

(i) on and after May 1, 2010, if compliance is achieved without physically modifying the 

boiler or IHE and (ii) on and after May 1, 2011, if compliance is achieved by physically 

modifying the boiler or IHE. 

In general, NOx emission rates in Table 9 are either the same or more stringent than NOx 

emission rates in the current SIP approved Subchapter 19. In addition, new fuel type categories 

have been added to Table 9 as follows: (1) for the applicable sources with a maximum gross heat 

input rate of ≥ 25<100 MM BTU/hr, “dual fuel using fuel oil and/or natural gas” and (2) for the 

applicable sources with a maximum gross heat input rate of ≥100 MM BTU/hr, (i) “No. 2 fuel 

oil” and “other liquid fuels.” Although the current SIP approved version of Subchapter 19 

includes NOx emission rates for “coal-fired” type boilers, NJDEP has deleted these emission rates 

in Table 9. The latter NOx emission rates have been deleted from Table 9 because there are no 

longer any coal-fired ICI boilers in New Jersey (see NJDEP’s proposal to amend Subchapter 19 

(pp 4399-4400 @40 N.J.R. 4390, August 4, 2008)). Therefore, removal of coal fired boiler 

emission limits from the current SIP is acceptable to EPA. In the same previously mentioned 

reference, NJDEP has indicated that in the establishment of new emission rates at Table 9, 

NJDEP reviewed (i) stack test data from ICI boilers within the State and (ii) the technical 

analysis/recommendations as summarized in the OTC’s report entitled “Identification and 

Evaluation of Candidate Measures – Final Technical Support Document,” February 28, 2007. 
29

NJDEP’s NOx emission rates in Table 9 for ICI boilers are either the same or more stringent than 

the OTC’s recommended emission rates (the OTC report does not provide recommended 

emission rates for the following category of fuels: “other gaseous fuels” and “dual fuel using fuel 

oil and/or natural gas.”) 

As stated in section III.C.2 [sewage sludge incinerators], the references above at N.J.A.C. 

7:27-19.7(h) and (i) to the compliance alternatives at N.J.A.C. 7:27-19.3(f) for the phased 

compliance plan options in sections 19.21 and 19.23 would allow sources to comply with the NOx

RACT requirements by November 7, 2009. Since New Jersey did not revise the March 7, 2006 

due date for sources to apply for phased compliance plan options in sections 19.21 and 19.23, 

EPA concludes that New Jersey did not mean for these two compliance options to be available to 

owners/operators of affected sources. 

The amendments to N.J.A.C. 7:27-19.7 are acceptable to EPA for the reasons stated 

above. Additional reductions in NOx emissions from ICI boilers and IHE will be achieved by 

more stringent NOx emission limits for some source categories and by requiring smaller sources 

(≥ 25<50 MM BTU/hr) to start implementing control measures to reduce NOx emissions. 

Furthermore, the new NOx emission limits are either the same or more stringent than the limits 

EPA approved into the current SIP (72 Fed. Reg. 41626, July 31, 2007), and are either more 

stringent than or identical to the OTC’s recommendations for additional NOx control measures for 

ICI boilers. In addition, the amendments to N.J.A.C. 7:27-19.7 are consistent with NJDEP’s 

commitment to EPA to further reduce NOx emissions. The amendments at N.J.A.C. 7:27-19.7 

will help the State meet the 1997 and 2008 8-hour ozone standards and, therefore, is acceptable to 

EPA.

 

Recommended Action: Proposed Approval of N.J.A.C. 7:27-19.7 

12. N.J.A.C. 7:27-19.8: Stationary reciprocating engines

The only amendments to N.J.A.C. 7:27-19.8 are in section 19.8(e) whereby a Table 

number is revised and a website reference is corrected. These revisions are administrative in 

nature and therefore acceptable to EPA. 

Recommended Action: Proposed Approval of N.J.A.C. 7:27-19.8.

13. N.J.A.C. 7:27-19.9: Asphalt pavement production plants

The primary amendments to N.J.A.C. 7:27-19.9 are summarized as follows: (1) the NOx 

emission concentration limits are now more stringent such that an additional 37% to 62% 

reductions in NOx emissions are expected depending upon the type of fuel combusted in the 

dryer; and (2) requirements are included to perform best management practices and to keep 

records. In NJDEP’s proposal to amend Subchapter 19 (see pp 4393 @40 N.J.R. 4390, August 4, 

2008), the State estimates that the amendments to section 19.9 will result in NOx emission 

reductions of up to 0.21 TPD during the 2009 ozone season, up to 0.42 TPD during the 2010 

ozone season, and up to 0.64 TPD during the 2011 ozone season. 
30

Throughout the amendments to section 19.9, NJDEP now refers to sources as “asphalt 

pavement production plants” instead of “asphalt plants” or “batch type or drum mix asphalt 

plants.” In NJDEP’s preamble section of the proposal to Subchapter 19, NJDEP’s analysis of 

actual stack test data indicated no emission difference between drum or batch dryer type, but did 

indicate differences based upon fuel type and hence, NJDEP set new emission limits based on 

fuel type rather than dryer type. Hence, NJDEP deleted from section 19.9 references to “batch 

type or drum mix asphalt plants.” 

The amendments to N.J.A.C. 7:27-19.9(a) revises the NOx emission limit from 200 

ppmvd at 7.0 % oxygen to more stringent emission limits depending upon fuel type. The new 

NOx emission limits expressed as ppmvd at 7.0 % oxygen are as follows: (1) 75 ppmvd for 

natural gas; (2) 100 ppmvd for No. 2 fuel oil; and (3) 125 ppmvd for No. 4 fuel oil, heavier fuel 

oil or on-specification used oil or any mixture of the three oils. 

There are no substantive amendments to N.J.A.C. 7:27-19.9(b). 

As with the current SIP approved version of Subchapter 19, N.J.A.C. 7:27-19.9(c)

allows owners/operators of applicable sources to comply with the compliance alternatives at 

N.J.A.C. 7:27-19.3(f) instead of the new presumptive emission concentration limits. For a further 

discussion concerning section 19.3(f), see section III.C.2 of this TSD that refers to sewage sludge 

incinerators.

N.J.A.C. 7:27-19.9(d) is a new provision requiring owners/operators to perform best 

management practices as follows: (1) reduce aggregate moisture content; (2) conduct monthly

inspections of the flights in the dryer and the need for replacement; and (3) annually inspect the 

air system and repair air system leaks to minimize excess air. 

N.J.A.C. 7:27-19.9(e) is a new provision requiring owners/operators to record and 

maintain onsite logs of the implementation of best management practices detailed in section 

19.9(d). 

N.J.A.C. 7:27-19.9(f) is a new provision that requires owners/operators of an asphalt 

pavement production plant dryer to meet the following compliance dates: (1) for sources with a 

maximum gross heat input rate of < 100 MM BTU/hr, comply by May 1, 2011, if compliance is 

achieved without physically modifying the dryer; (2) for sources with a maximum gross heat 

input rate of ≥ 100 MM BTU/hr, comply by May 1, 2010, if compliance is achieved without 

physically modifying the dryer. For each size dryer, an extra year is allowed if compliance is 

achieved by physically modifying the boiler. 

The amendments at N.J.A.C. 7:27-19.9 will result in additional reductions in NOx 

emissions (the new NOx emission limits are more stringent than the current SIP approved 

emission limits), provides clarity for owners/operators of affected sources in meeting the 

requirements for achieving compliance, and is consistent with EPA’s 
31

enforceability guidance document for clarity and, therefore, is acceptable to EPA. The 

amendments at N.J.A.C. 7:27-19.9 will result in additional reductions in NOx emissions and 

therefore will help the State to achieve the 1997 and 2008 ozone standards. 

Recommended Action: Proposed Approval of N.J.A.C. 7:27-19.9.

14. N.J.A.C. 7:27-19.10: glass manufacturing furnaces

The primary amendments to N.J.A.C. 7:27-19.10 are summarized as follows: (1) the NOx 

emission rates are now more stringent for commercial container glass, specialty container glass 

and borosilicate recipe glass manufacturing furnaces; and (2) NOx emission limits have been 

established for pressed glass, blown glass, fiberglass and flat glass manufacturing furnaces. The 

current SIP approved Subchapter 19 establishes NOx emission limits for glass manufacturing 

furnaces producing commercial container glass, specialty container glass and borosilicate recipe 

glass, each of which, according to NJDEP (see NJDEP’s proposal to amend Subchapter 19 (see 

pp 4395-6 @40 N.J.R. 4390, August 4, 2008)), is a category of container glass. In addition, as 

stated in the preamble to NJDEP’s proposal, the State indicates that it was proposing (now 

adopted) a NOx emission limit for fiberglass manufacturing furnaces, in the event that the State’s 

only such plant converts from electric furnaces (already in compliance with the new limit) to 

fossil fuel-fired furnaces. The new limit for fiberglass manufacturing furnaces is 4.0 lbs NOx/ton 

glass removed. 

The amendments to N.J.A.C. 7:27-19.10(a) and (b) revise the NOx emission limit for 

commercial container glass, specialty container glass and borosilicate recipe glass manufacturing 

furnaces from 5.5 lbs NOx/ton glass removed, 11 lbs NOx/ton glass removed, and 30% reduction 

from 1994 baseline respectively to a presumptive emissions limit of 4.0 lbs NOx/ton glass 

removed for each type furnace. Section 19.10(a) also establishes a NOx emission limit of 4.0 lbs 

NOx/ton glass removed for pressed glass, blown glass, and fiberglass manufacturing furnaces. 

The amendment to N.J.A.C. 7:27-19.10(b) requires owners/operators of flat glass 

manufacturing furnaces to limit NOx emissions from the furnace to 9.2 lbs NOx/ton of glass 

removed. In NJDEP’s proposal to amend Subchapter 19 (see p 4396 @40 N.J.R. 4390, August 4, 

2008), the State explains that this new limit is established for this new source category in the 

event that such a furnace is constructed in the future. 

N.J.A.C. 7:27-19.10(c) is now reserved for any future amendments. 

The amendments to N.J.A.C. 7:27-19.10(d) require owners/operators of glass 

manufacturing furnaces to comply with the applicable NOx emission limits in sections 19.10(a) 

and (b) beginning on and after May 1, 2010 on the first day of startup after which rebricking of 

the furnace is completed. The current SIP approved Subchapter 19 requires owners/operators to 

comply with either the same currently adopted rebricking approach or by a set date, whichever is 

sooner. In the preamble to NJDEP’s proposed rule to amend Subchapter 19, the State indicated 

that it was attempting to make compliance with the new rule economically feasible by requiring 

compliance at the time of rebricking, among other requirements. EPA agrees with NJDEP that it 
32

is more economically feasible to allow sources to comply at the time when rebricking becomes 

necessary rather than to require the source to rebrick earlier than necessary. Since economic 

feasibility is a RACT requirement, NJDEP’s revised compliance approach is acceptable to EPA. 

There are no new amendments to N.J.A.C. 7:27-19.10(e).

The current SIP approved version of N.J.A.C. 7:27-19.10(f) allows owners/operators of 

applicable glass manufacturing furnaces to comply with the N.J.A.C. 7:27-19.3(f) compliance 

alternatives instead of the presumptive NOx emission limits. The amendments to N.J.A.C. 7:27-

19.10(f) deletes the compliance alternative that allows phased compliance for the furnace 

pursuant to N.J.A.C. 7:27-19.21, 19.22 or 19.23. As stated above in III.C.2. [sewage sludge 

incinerators] of this TSD, phased compliance under sections 19.21 and 23 should not be an 

alternative compliance option. In addition, the phased compliance option under section 19.22 is 

not applicable to owners/operators of glass manufacturing furnaces since NJDEP amended section 

19.22 to be applicable only to HEDD sources pursuant to section 19.29. For these reasons, the 

amended section 19.10(f) is acceptable to EPA. 

The amendments at N.J.A.C. 7:27-19.10 will result in additional reductions in NOx 

emissions (the new NOx emission limits are more stringent than the current SIP approved 

emission limits), provides clarity for owners/operators of affected sources in meeting the 

requirements for achieving compliance, and is consistent with EPA’s enforceability guidance 

document for clarity and, therefore, is acceptable to EPA. The amendments at N.J.A.C. 7:27-

19.10 will result in additional reductions in NOx emissions and therefore will help the State to 

achieve the 1997 and 2008 ozone standards. 

Recommended Action: Proposed Approval of N.J.A.C. 7:27-19.10.

 15. N.J.A.C. 7:27-19.11: Emergency generators – recordkeeping

 N.J.A.C. 7:27-19.11 has not been amended.

Recommended Action: Proposed Approval of N.J.A.C. 7:27-19.11.

16. N.J.A.C. 7:27-19.12: Municipal solid waste (MSW) incinerators

This section is a new rule and is discussed in section III.C.1. of this TSD

17. N.J.A.C. 7:27-19.13: Alternative and facility-specific NOx emission limits

The primary amendments to N.J.A.C. 7:27-19.13 are summarized as follows: 

(1) NJDEP defines a facility-specific NOx emission limit (FSEL) to include a maximum 

allowable emission rate, maximum allowable emission concentration, or other NOx regulatory

parameter [see N.J.A.C. 7:27-19.13(a)(1)]; 
33

(2) NJDEP defines an alternative emission limit (AEL) to include an alternative maximum 

allowable emission rate, alternative maximum allowable emission concentration, or other 

regulatory parameter [see N.J.A.C. 7:27-19.13(a)(2)];

(3) NJDEP requires owners/operators of each facility with an FSEL or AEL that was 

issued before May 1, 2005 to submit a new request for an FSEL or AEL [see N.J.A.C. 7:27-

19.13(a)(3)] by August 17, 2009 unless a 90-day extension is requested pursuant to section 

19.3(e) [see N.J.A.C. 7:27-19.13(b)(5)]; 

(4) the existing FSEL or AEL will terminate on August 17, 2009 unless a new request for 

an FSEL or AEL is received by NJDEP by August 17, 2009 [see N.J.A.C. 7:27-19.13(b)(5)(iii)]; 

(5) any FSEL approved by NJDEP after May 19, 2009 [Subchapter 19 operative date] 

shall not have an expiration date, except in accordance with subsections 19.13(b)(6) or 19.13(j) 

which relates to a modification, alteration or reconstruction of the source which may, if 

applicable, require NJDEP approval of a new FSEL and permit or certificate [see N.J.A.C. 7:27-

19.13(b)(1)]; 

(6) any AEL approved by NJDEP after May 19, 2009 shall have a term limit of 10 years, 

unless the source with the AEL is modified, altered, or reconstructed during the term of the plan, 

in which case subsections 19.13(b)(6) or 19.13(k), if applicable, require NJDEP approval of a 

new AEL and permit or certificate [see N.J.A.C. 7:27-19.13(b)(2)]; and 

(7) amendments to the remainder of section 19.13, i.e., sections 19.3(c)-(p), provide 

corrections, clarifications or no changes at all. 

It should be noted that EPA has received copies of thirty-four letters, dated June 25, 2009, 

mailed by NJDEP to owners/operators of affected facilities reminding them that they may be 

subject to more stringent emission limits, including an FSEL or AEL, pursuant to N.J.A.C. 7:27-

19.13 or N.J.A.C. 7:27-16.17 [VOC RACT], and if so, to submit the revised application by

August 16, 2009. 

The amendments to N.J.A.C. 7:27-19.13 provide clarity for owners/operators of 

affected sources to submit and comply with NOx control plans for an FSEL or requests for an 

alternative maximum allowable emission limit and are consistent with EPA’s enforceability

guidance document for clarity. All FSELs and AELs are still required by N.J.A.C. 7:27-19.13(h)

to be submitted to EPA as a SIP revision. If EPA denies the approval of the proposed NOx plan 

as a revision to the SIP, section 19.13(l) provides that New Jersey will revoke its approval of the 

plan. The amendments at N.J.A.C. 7:27-19.13 may result in additional reductions in NOx 

emissions and therefore may help the State to achieve the 1997 and 2008 ozone standards. 

Therefore, the amendments to N.J.A.C. 7:27-19.13 are acceptable to EPA.

For further discussion concerning the approvability of the NOx and VOC RACT provisions at 

sections 19.13 and 16.17, respectively, as related to EPA guidance for generic RACT rules, see 
34

section III.J. of this TSD. 

Recommended Action: Proposed Approval of N.J.A.C. 7:27-19.13.

18. N.J.A.C. 7:27-19.14: Procedures for obtaining approvals under this subchapter

There are no new amendments to N.J.A.C. 7:27-19.14.

Recommended Action: Proposed Approval of N.J.A.C. 7:27-19.14.

19. N.J.A.C. 7:27-19.15: Procedures and deadlines for demonstrating compliance

The primary amendments to N.J.A.C. 7:27-19.15 describe, at sections 19.15(d) and (e), 

when and how owners/operators of asphalt pavement production plants and glass manufacturing 

furnaces, respectively, must demonstrate compliance with Subchapter 19. The amendments to 

N.J.A.C. 7:27-19.15(a), (b), (c) and (f) provide minor clarifications. 

The amendments at N.J.A.C. 7:27-19.15(d) require owners/operators of asphalt pavement 

production plants to demonstrate compliance with Subchapter 19, particularly the NOx emission 

limit at N.J.A.C. 7:27-19.9(a), in accordance with subsection 19.15(a)(2) [stack tests], within 365 

days from the date at sections 19.9(f)1 or 2 and thereafter at the frequency set forth in the permit 

for such equipment or source operation. In a response to a comment when Subchapter 19 was 

proposed [see cmt # 20 on p 1756 @ 41 N.J.R. 1752, April 20, 2009], NJDEP provided 365 days 

from the compliance due dates for demonstrating compliance instead of the proposed 180 days. 

NJDEP allowed the additional time “because the asphalt industry currently does not have 

extensive experience with NOx emissions control technology and there is some uncertainty based 

on currently available information about the relationship between NOx and products of 

incomplete combustion, including HAP [Hazardous Air Pollutant] emissions.” 

The amendments at N.J.A.C. 7:27-19.15(e) require owners/operators of a glass 

manufacturing plant to demonstrate compliance by meeting the NOx emission limit at N.J.A.C. 

7:27-19.10(a), (b) or (f)(2) [an AEL], as applicable, as follows: (1) within 180 days after the first 

date after May 19, 2009 [operative date of Subchapter 19] on which rebricking of the furnace is 

completed, and thereafter in accordance with the permit and in accordance with the following for 

determining the NOx rate limit expressed as lb NOx/ton of glass removed from the furnace, 

whichever is applicable: (2) see subsection 19.15(e)(2) [if CEMS is not installed - stack tests to be 

used]; (3) see subsection 19.15(e)(3) [if CEMS is installed]. 

The amendments to N.J.A.C. 7:27-19.15 provide clarity for owners/operators of affected 

sources at asphalt pavement production plants and glass manufacturing plants to meet the 

procedures and deadlines for meeting compliance, are consistent with EPA’s enforceability

guidance document for clarity, and, therefore, are acceptable to EPA. 

Recommended Action: Proposed Approval of N.J.A.C. 7:27-19.15.
35

20. N.J.A.C. 7:27-19.16: Adjusting combustion process

There are no new amendments to N.J.A.C. 7:27-19.16.

Recommended Action: Proposed Approval of N.J.A.C. 7:27-19.16.

21. N.J.A.C. 7:27-19.17: Source emission testing

There are no new amendments to N.J.A.C. 7:27-19.17.

Recommended Action: Proposed Approval of N.J.A.C. 7:27-19.17.

22. N.J.A.C. 7:27-19.18: Continuous emission monitoring

There are no new amendments to N.J.A.C. 7:27-19.18.

Recommended Action: Proposed Approval of N.J.A.C. 7:27-19.18.

23. N.J.A.C. 7:27-19.19: Recordkeeping and recording

 There are no new amendments to N.J.A.C. 7:27-19.19.

Recommended Action: Proposed Approval of N.J.A.C. 7:27-19.19.

24. N.J.A.C. 7:27-19.20: Fuel switching

There are no new amendments to N.J.A.C. 7:27-19.20.

Recommended Action: Proposed Approval of N.J.A.C. 7:27-19.20.

25. N.J.A.C. 7:27-19.21: Phased compliance – repowering

The only amendment to N.J.A.C. 7:27-19.21 is that Table 8 is renumbered to Table 11.

The following discussion, while not directly relevant to this SIP action, is being reiterated 

here for the record as a placeholder for future rulemaking. 

When the currently adopted Subchapter 19 was proposed, EPA commented [see cmt # 9 

on p 1754 @ 41 N.J.R. 1752, April 20, 2009] that NJDEP did not amend N.J.A.C. 7:27-

19.21 as EPA requested when EPA approved the previously adopted Subchapter 19 in 

July 2005 (72 Fed. Reg. 41626, July 31, 2007). In a letter dated October 3, 2008, EPA 

made the following comment to NJDEP during the public comment period for the 

currently adopted Subchapter 19: 
36

“Phased compliance - repowering: EPA is not taking action on the new amendments to the 

repowering provision at 19.21 because EPA is not approving any dates that allow for NOx 

RACT compliance beyond May 31, 1995, in general, and beyond May 1, 1999 for 

completion of repowering for sources that should have complied by the date required in 

the March 29, 1999 EPA approved SIP. The amended repowering provision at 19.21 is 

not acceptable to EPA because the provision allows for NOx reductions by a compliance 

date of November 7, 2009 which is beyond the November 15, 2007 1-hour ozone 

attainment deadline for the New York-Northern New Jersey-Long Island area. NJDEP 

has advised EPA that no sources have applied to repower by NJDEP's deadline of

February 7, 2006 deadline [EPA recommends deleting the revised compliance dates in 

19.21].” 

In its response to EPA’s comment, NJDEP indicated that no sources had applied by the 

February 7, 2006 deadline for the phased compliance option, and therefore there are no 

sources with phased compliance plans and EPA’s concern about the November 7, 2009 

compliance date is moot. NJDEP further indicated that it may remove the November 7, 

2009 compliance date in a future rule revision as a matter of rule cleanup, but changing 

the rule at this time is unnecessary. 

In the currently adopted Subchapter 19, the application date for phased compliance by

repowering is still February 7, 2006 and therefore sources are unable to apply for this 

compliance option. 

In addition, it should be noted that EPA made the following comment in the TSD when 

approving the previously adopted Subchapter 19 in July 2007: 

“EPA is not approving the phased compliance plans for repowering and innovative control 

technology because they allow source NOx reductions to be achieved beyond the 

November 15, 2007 1-hour ozone attainment deadline for the New York-Northern New

Jersey-Long Island area. In addition, as noted above, EPA is not approving dates that 

allow for NOx RACT compliance beyond May 31 1995, in general, and beyond May 1, 

1999 for completion of repowering...” 

Therefore, although the administrative changes to N.J.A.C. 7:27-19.21 are acceptable to 

EPA, for the reasons explained in the previous paragraphs, EPA takes no further action to either 

approve or disapprove the existing provisions which still incorporate the November 7, 2009 

compliance date. EPA recommends NJDEP remove the compliance date of November 7, 2009 

from N.J.A.C. 7:27-19.21 in future amendments. 

Recommended Action: Proposed Approval of N.J.A.C. 7:27-19.21 except as noted above 

with reference to the November 7, 2009 compliance date.
37

26. N.J.A.C. 7:27-19.22: Phased compliance – impracticability of full compliance by 

May 19, 2009

 NJDEP amended N.J.A.C. 7:27-19.22 to remove provisions that are no longer applicable, 

such as the compliance date of May 31, 1995, and to allow phased compliance for 

owners/operators of HEDD units that are required to achieve the NOx emission reductions 

required by Equation 1 at N.J.A.C. 7:27-19.29(c). N.J.A.C. 7:27-19.29(c) requires compliance on 

each HEDD following May 19, 2009 [operative date of Subchapter 19]. This phased compliance 

provision is only applicable to owners/operators of HEDD units, identified at N.J.A.C. 7:27-

19.29(a), and no other source category. Owners/operators of HEDD units that are unable to

comply with the NOx reduction requirements in Equation 1 at N.J.A.C. 7:27-19.29(c) by May 19, 

2009 can apply for phased compliance which is limited to a 12 month interim period, if approved 

by NJDEP. NOx emission reductions are applicable during high electric demand days. 

N.J.A.C. 7:27-19.22 (a) is amended by limiting phased compliance, due to impracticability

of full compliance by May 19, 2009, to owners/operators of HEDD sources, identified at N.J.A.C. 

7:27-19.29 (a), who have submitted phased compliance plans. A phased compliance plan 

approved by NJDEP is in lieu of achieving by May 19, 2009 the NOx emission reductions 

required by Equation 1 at N.J.A.C. 7:27-19.29(c). 

N.J.A.C. 7:27-19.22 (b) is amended to require owners/operators of applicable HEDD 

sources that want to have phased compliance to submit an application for approval of the phased 

compliance plan to NJDEP by June 9, 2009. This subsection requires compliance plans to 

address the following: (1) the required compliance plan elements in subsection (c) for each 

control measure; (2) the steps the owner/operator has taken to comply with the NOx reduction 

requirements at N.J.A.C. 7:27-19.29; and (3) a detailed explanation of why implementation of 

each control measure by May 19, 2009 is impracticable. 

N.J.A.C. 7:27-19.22 (c) is amended to require owners/operators of HEDD units to include 

the required specific information in the phased compliance plan for each proposed control 

measure, including the following: (1) a description of each proposed control measure; (2) how 

each proposed control measure is expected to reduce NOx emissions; (3) an implementation 

schedule; and (4) any other information requested by NJDEP for purposes of evaluating whether 

each proposed control measure will achieve the Equation 1 NOx reductions. 

N.J.A.C. 7:27-19.22 (d) is amended to include the criteria that NJDEP will use for 

determining the approvability of phased compliance plans submitted by owners/operators of 

HEDD units. This subsection also removes the May 31, 1995 compliance date which is no longer 

applicable and to update references to N.J.A.C. 7:27-19.22 (b). Subsection 19.22(d)(4), requiring 

the interim period to be less than 12 months, is unchanged. It should be noted however, that at 

section 19.1, the definition of the term “interim period” allows two years instead of one year from 

the May 19, 2009 operative date of Subchapter 19. As discussed with the state, this is a 

typographical error and New Jersey should revise section 19.1 to make it consistent with section 

19.22 (d). 
38

N.J.A.C. 7:27-19.22 (e) is amended by revising the compliance date from May 31, 1995 to

May 19, 2009 and to clarify the criteria that NJDEP will use to determine whether compliance 

with the NOx reductions by Equation 1 at N.J.A.C. 7:27-19.29 (c) by May 19, 2009 is 

impracticable. Except for the change in compliance date, the criteria at subsections 19.22(e)(1)-

(4) is unchanged. 

N.J.A.C. 7:27-19.22 (f) is amended to state that the phased compliance plan expires when 

full compliance is achieved with the emission reduction determined by Equation 1. This 

subsection clarifies that upon expiration of NJDEP’s approval of the phased compliance plan, 

owners/operators become subject to the applicable requirements at N.J.A.C. 7:27-19.29.

N.J.A.C. 7:27-19.22 (g) requires all combustion sources affected by a phased compliance 

plan be operated in a manner that complies with the plan and with all conditions of NJDEP’s 

approval. Subsection 19.22(g)(4)(ii) is amended by deleting SNCR as possible consideration of a 

control measure to be used during the interim period. The other possible control measures to be 

used to control NOx emissions during the interim period, as indicated at subsection 19.22(g)(4), 

remain unchanged, as follows: (1) adjustment to the combustion process pursuant to N.J.A.C. 

7:27-19.16 (see subsection 19.22(g)(4)(i)); and (2) seasonal fuel switching to natural gas pursuant 

to N.J.A.C. 7:27-19.20, or implementing other control measures approved by NJDEP until full 

compliance is achieved in meeting the NOx reductions at Equation 1 (see subsection 

19.22(g)(4)(ii)). 

New Jersey’s phased compliance plan at section 19.22 allows owners/operators to apply to 

New Jersey for additional time for compliance with section 19.29 while limiting the interim 

period to not more than one year from the May 19, 2009 operative date and requiring NOx control 

measures during the one year interim period as detailed at subsection 19.22(g)(4). EPA 

recognizes that there may be cases when owners/operators of HEDD units subject to section 19.29 

will need additional time beyond the May 19, 2009 operative date to comply with the required 

NOx reductions determined by Equation 1 due to impracticability. New Jersey’s phased 

compliance plan at section 19.22 provides the necessary procedural requirements for approval of 

applications and the necessary NOx control requirements during the one year interim period and 

therefore EPA is proposing to approve New Jersey’s phased compliance plan at section 19.22. 

In addition, it should be noted that in a recent verbal communication with New Jersey staff, 

the State has indicated that only one facility requested phased compliance and, as of October 

2009, the source was in compliance with section 19.29 and no longer needed phased compliance. 

Recommended Action: Proposed Approval of N.J.A.C. 7:27-19.22

27. N.J.A.C. 7:27-19.23: Phased compliance – use of innovative control technology

 There are no new amendments to N.J.A.C. 7:27-19.23.

EPA has the same comment as described above in section III.C.25 of this TSD for the
39

phased compliance – repowering provision pursuant to N.J.A.C. 7:27-19.21. Please see section 

III.C.25 above for details. When the currently adopted Subchapter 19 was proposed, EPA 

commented [see cmt # 9 on p 1754 @ 41 N.J.R. 1752, April 20, 2009] that NJDEP did not amend 

N.J.A.C. 7:27-19.23 as EPA requested when EPA approved the previously adopted Subchapter 19 

in July 2007 (72 Fed. Reg. 41626, July 31, 2007). In a letter dated October 3, 2008, EPA 

recommended deleting the revised compliance dates in 19.23 for the same reasons stated by EPA 

for deleting the revised compliance date in 19.21. 

Therefore, for the reasons explained in the previous paragraph, EPA takes no further 

action to either approve or disapprove the existing provisions which still incorporate the 

November 7, 2009 compliance date. EPA recommends NJDEP remove the compliance date of 

November 7, 2009 from N.J.A.C. 7:27-19.23 in future amendments. . 

Recommended Action: none.

28. N.J.A.C. 7:27-19.24: MEG alerts

 

There are no new amendments to N.J.A.C. 7:27-19.24.

Recommended Action: Proposed Approval of N.J.A.C. 7:27-19.24.

29. N.J.A.C. 7:27-19.25: Exemption for emergency use of fuel oil

There are no new amendments to N.J.A.C. 7:27-19.25.

Recommended Action: Proposed Approval of N.J.A.C. 7:27-19.25.

30. N.J.A.C. 7:27-19.26: Penalties

There are no amendments to N.J.A.C. 7:27-19.26. 

Recommended Action: Proposed Approval of N.J.A.C. 7:27-19.26.

31. N.J.A.C. 7:27-19.27: Use of NOx budget allowances by a former DER credit user

NJDEP amended N.J.A.C. 7:27-19.27 by deleting the entire provision. When the 

currently adopted Subchapter 19 was proposed, EPA commented [see cmts # 9 and #11 on p 1754 

@ 41 N.J.R. 1752, April 20, 2009] that, since the OMET program at Subchapter 30 has now been 

repealed since February 2004, NJDEP should delete all provisions related to the now defunct 

OMET program. In response to this EPA comment, NJDEP deleted N.J.A.C. 7:27-19.27 along

with the associated Appendix. N.J.A.C. 7:27-19.27 is now a reserved section within Subchapter 

19. 

Recommended Action: Proposed Approval of N.J.A.C. 7:27-19.27
40

32. N.J.A.C. 7:27-19.28: Sewage sludge incinerators

This section is a new rule and is discussed in section III.C.2. of this TSD

33. N.J.A.C. 7:27-19.29 2009 HEDD Emission Reduction Compliance Demonstration 

Protocol

This section is a new rule and is discussed in section III.C.3. of this TSD

34. N.J.A.C. 7:27-19.30 2009 HEDD Emission Limit Achievement Plan

This section is a new rule and is discussed in section III.C.4. of this TSD

35. Compliance dates 

New Jersey amended Subchapter 19 by including new provisions and amendments to 

previously approved SIP provisions that result in more stringent NOx emission limitations that 

will lead to additional reductions in NOx emissions from the affected major stationary

combustion sources. 

New Jersey uses the emission benefits from the new provisions and amendments to 

Subchapter 19 in a variety of ways in the SIP. Some are used to meet reasonable further progress 

goals, others as a contingency measure should an area fail to attain the 1997 ozone standard, some 

to support the “weight of evidence” arguments concerning attainment of the 1997 ozone standard, 

and others that will be used to help to attain the new 2008 ozone standard (currently under 

reconsideration) that New Jersey anticipates will replace the 1997 ozone standard. In addition, 

New Jersey was seeking to fulfill the section 182(b)(2) and section 172(c)(1) requirements for 

RACT as applied to both the 1997 and 2008 ozone standards in setting the emission standards and 

compliance due dates.

Emission reductions required by sections 182(b)(2) and 172(c)(1) of the Act, used to fulfill 

in the 1997 ozone SIP, are required to be achieved by May 2009. Sources with compliance 

periods that go beyond May 2009 are used as contingency measures or towards meeting RACT

for the 2008 ozone standard. In determining a compliance date for a level of control that can be 

considered RACT, the time necessary to make the required modifications and the cost of 

modifications were taken into consideration. For example, rebricking of a glass manufacturing 

furnace, which usually accompanies new emission controls, is a significant factor in evaluating 

both time and expenses necessary for the project. Requiring a “rebricking” of a furnace before it 

is physically necessary would constitute a significant additional cost that could result in the new 

emission controls being considered economically unreasonable.

The compliance dates included in Subchapter 19’s provisions are as expeditious as 

practical considering the level of the required new controls. Consistent with the Phase 2 Rule, 

any emission reduction used in the 1997 ozone SIP is required to occur no later than the start of 
41

the 2009 ozone season, which is the time by which a state must demonstrate that it achieved the 

necessary emission reductions to meet the June 15, 2010 attainment date for areas that are 

classified as a moderate nonattainment area for the 8-hour ozone standard.

Based on preliminary air quality data monitored for the 3-year period from 2007-2009, the 

Philadelphia-Wilmington-Atlantic City, PA-NJ-MD-DE nonattainment area is eligible for a one 

year extension of its attainment date to June 15, 2011 because of the clean air quality data 

monitored for 2009. Similarly, the New York-N.New Jersey-Long Island, NY-NJ-CT

nonattainment area is eligible for a clean data determination based on three years of clean data. 

In addition, consistent with EPA’s last approval of Subchapter 19 (see 72 FR 41626, July

31, 2007), EPA continues to take no further action to approve or disapprove the existing 

provisions for phased compliance by repowering and innovative control technology at sections 

19.21 and 19.23. These provisions still include the compliance date of November 7, 2009, which 

is beyond the November 15, 2007 attainment deadline for the NY-NJ-CT 1-hour ozone standard. 

For this reason, as indicated in EPA’s July 2007 approval of Subchapter 19, New Jersey should 

delete the reference to the November 7, 2009 compliance date for these two phased compliance 

plans.

D. Subchapter 4: “Control and Prohibition of Particles from Combustion of Fuel”

AMENDMENTS

1. N.J.A.C. 7:27-4.1: Definitions 

NJDEP added the following four definitions to N.J.A.C. 7:27-4.1: “construct,” 

“construction,” “install,” and “installation.” 

The terms are needed to differentiate the more stringent emission limit of a coal-fired 

boiler that serves an electric generating unit, if the combustion source or the associated particle 

control apparatus is newly constructed, installed, reconstructed, or modified, from the less 

stringent limit for an existing coal-fired boiler that is not reconstructed or modified.

The definitions are identical to the existing definitions for these terms in 7:27-8.1, and 7:27-22.1, 

with one exception as described below.

7:27-22.1 informs the reader that an operating permit can be modified with a significant 

modification, minor modification, or seven day notice change. NJDEP did not include this 

information in their definition in 7:27-4.1 in response to EPA’s formal comment to NJDEP during 

the public comment period [see comment number 38 on p 1760 of 41 N.J.R. 1752, April 20, 

2009] for the currently adopted Subchapter 4. NJDEP agreed that this information was not 

relevant to subchapter 4. 
42

NJDEP’s amendments to the definitions in N.J.A.C. 7:27-4.1 clarify the terms in 

Subchapter 4 and, therefore, EPA proposes to approve the amendments to N.J.A.C. 7:27-4.1.

Recommended Action: Proposed Approval of N.J.A.C. 7:27-4.1.

2. N.J.A.C. 7:27-4.2: Standards for the emissions of particles 

NJDEP amended 7:27-4.2(a) to clarify the following:

(1) that for coal-fired boilers regulated by 7:27-4.2(b) the maximum emission rates listed in the 

7:27-4.2(a) table would no longer apply after May 19,2009;

(2) ) that for coal-fired boilers regulated by 7:27-4.2(c) the maximum emission rates listed in the 

7:27-4.2(a) table would no longer apply after December 15, 2012;

7:27-4.2(b) was established to provide for a particle emission rate for coal-fired boilers that have 

a particle control apparatus that is newly constructed, installed, reconstructed, or modified. The 

maximum emission rate is 0.0150 pounds particles per million BTU (lb particles/MMBTU). 

NJDEP included the following additional provisions in 7:27-4.2(b):

(1) that the 0.0150 lb particles/MMBTU emission rate may be superseded by an enforceable 

agreement with NJDEP;

(2) that the owner or operator shall demonstrate compliance based on the average of three stack 

tests that have been approved by NJDEP;

(3) that the coal-fired boiler or particle control apparatus is also subject to state-of- the art 

requirements at NJAC 7:27-8.12 and 22.35, lowest achievable emission rate requirements at 

NJAC 7:27-18, and best available control technology requirements at 40 CFR 51.21, as 

applicable.

7:27-4.2(c) was established to provide for a particle emission rate for coal-fired boilers in 

operation prior to May 19, 2009. Unless otherwise specified in an enforceable agreement with 

NJDEP, the maximum emission rate is 0.0300 pounds particles per million BTU (lb 

particles/MMBTU), or the permitted emission rate, whichever is lower as of May 19, 2009. 

NJDEP included the following additional provisions in 7:27-4.2(c):

(1) that the owner or operator shall demonstrate compliance by June 15, 2013, in accordance with 

the owner or operator’s approved permit for the coal-fired boiler;

(2) that the owner or operator shall demonstrate compliance based on the average of three stack 

tests that have been approved by NJDEP.
43

The amendments to N.J.A.C. 7:27-4.2 will result in additional reductions of particulate matter and 

will help New Jersey meet the attainment date for the 1997 and 2006 fine particle (PM2.5) 

standards. The amendments provide clarity for owners/ operators of affected sources in meeting 

the requirements for achieving compliance, and is consistent with EPA’s enforceability guidance 

for clarity and, therefore is acceptable to EPA. 

Recommended Action: Proposed Approval of N.J.A.C. 7:27-4.1.

E. Subchapter 8: “Permits and Certificates for Minor Facilities (and Major Facilities Without 

an Operating Permit)”

NJDEP amended N.J.A.C. 7:27-8 by deleting references to the State’s former OMET 

program. When the currently adopted Subchapter 8 was proposed, EPA commented [see cmts # 9 

and #11 on p 1754 @ 41 N.J.R. 1752, April 20, 2009] that, since the OMET program at 

Subchapter 30 has now been repealed since February 2004, NJDEP should delete all provisions 

related to the now defunct OMET program. In response to this EPA comment, NJDEP deleted all 

the subsections to related to the former OMET program including: (1) the definition of “Former 

DER credit user” at subsection 8.1; (2) subsection 8.3(o) in its entirety; and (3) subsection 

8.20(b)(3) in its entirety. The aforementioned deletions to Subchapter 8 conform to EPA’s 

comment and therefore is acceptable to EPA. 

EPA is currently reviewing other amendments to Subchapter 8 adopted in past years. 

Therefore, EPA will address all Subchapter 8 amendments at the same time in a future 

rulemaking. 

F. Subchapter 10: “Sulfur in Solid Fuels”

AMENDMENTS

1. N.J.A.C. 7:27-10.1: Definitions 

NJDEP added the following four definitions to N.J.A.C. 7:27-10.1: “calendar day,” “onehour block,” “30-calendar-day rolling average emission rate,” and “24-hour emission rate.” 

The terms are needed to provide definitions necessary for the SO2 emission rates that are used in 

other sections.

NJDEP’s amendments to the definitions in N.J.A.C. 7:27-10.1 clarify the terms in 

Subchapter 10 and, therefore, EPA proposes to approve the amendments to N.J.A.C. 7:27-10.1.

Recommended Action: Proposed Approval of N.J.A.C. 7:27-10.1.
44

2. N.J.A.C. 7:27-10.2: Sulfur content standards 

NJDEP amended 7:27-10.2(a) to clarify that the subsection, which regulates the sulfur content of 

fuel oil stored, offered for sale, sold, delivered or exchanged in trade, for use in New Jersey, will 

no longer apply to any source after December 14, 2012. 

NJDEP amended 7:27-10.2(b) to clarify that the subsection, which regulates the sulfur content of 

solid fuel burned for use in New Jersey, will no longer apply to any source after December 14, 

2012.

7:27-10.2(d), 7:27-10.2(e), and 7:27-10.2(f) regulate SO2 emissions based on the sulfur content of 

fuel. 7:27-10.2(g) applies to authorizations granted pursuant to 7:27-10.2(f). NJDEP amended 

these subsections to indicate that these subsections would be operative only through December 

14, 2012. 

The new provision at 7:27-10.2(h) requires that on and after December 15, 2012, all sources that 

combust solid fuel must comply with the maximum SO2 emission rates of 0.250 

pounds/MMBTU gross heat input based on a 24-hour emission rate and 0.150 pounds/MMBTU 

gross heat input based on a 30-calendar-day rolling average emission rate, unless otherwise 

specified in an enforceable agreement with NJDEP.

The new provision at 7:27-10.2(i) requires that all sources that combust solid fuel, and that are 

constructed, installed, reconstructed or modified, to comply with all applicable state-of-the-art 

(SOTA) at 7:27-8.12 and 22.35, lowest achievable emission rate (LAER) at 7:27-18, and the best 

available control technology (BACT) requirements at 40CFR 52.21. SOTA, LAER, and BACT 

may require more stringent maximum allowable emission rates.

The new provision at 7:27-10.2(j) was added by NJDEP to allow for an extension of the 

December 15, 2012 compliance deadline for compliance with the more stringent emission 

standards in 7:27-10.2(h). The subsection provides the necessary administrative and procedural 

requirements for the extension request. NJDEP will approve an extension request only if 

compliance by December 15, 2012 is not possible due to reasonable unforeseen circumstances 

such as the unavailability of control apparatus needed to comply

The amendments to N.J.A.C. 7:27-10.2 will result in additional reductions of particulate matter 

and S02 and will help New Jersey meet the attainment date for the 2006 fine particle (PM2.5) 

standard. The amendments provide clarity for owners/ operators of affected sources in meeting 

the requirements for achieving compliance, and is consistent with EPA’s enforceability guidance 

for clarity and, therefore is acceptable to EPA. 

Recommended Action: Proposed Approval of N.J.A.C. 7:27-10.2.
45

3. N.J.A.C. 7:27-10.5: SO2 emission rate determinations 

The new provisions at 7:27-10.5 establish how to calculate a “24-hour emission rate” and a “30-

calendar-day rolling average emission rate” to compare a sources actual emission rates with 

NJDEP emission rates at 7:27-10.2(h).

Under 7:27-10.5(a), a 24-hour emission rate shall be calculated by measuring the quantity of SO2 

emitted for each one-hour block time period in one calendar day using certified SO2 and oxygen 

continuous emission monitoring system (CEMS), and EPA Method 19. An alternative method to 

EPA Method 19 may be used upon submission of a written application to NJDEP, and subsequent 

approval of the method. 

Under 7:27-10.5(b), a 30-calendar-day rolling average emission rate is determined by averaging 

the 24-hour emission rates for 30 consecutive calendar days. Each day begins a new 30-day

calendar day rolling average. Any calendar day during which no combustion of solid fuel 

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

New Jersey provided for an exemption to exclude SO2 emissions from periods when a boiler is 

combusting fuel other than solid fuels, such as fuel oil or natural gas, which can be burned during 

the start-up of coal fired boilers. NJDEP provided for this exemption in response to a comment 

when Subchapter 10 was proposed [see comment 31 on p 1759@41 N.J.R. 1759, April 20, 2009]. 

7:27-10.5(c) allows owners or operators to exclude emissions when the units are not combusting 

solid fuel as follows: 

(1) in calculating a 30 day-calendar-day rolling average SO2 emission rate for a unit that has 

ceased firing fossil fuel, for a period of time not to exceed two hours, from the restart of the unit 

to the time that the unit is fired with coal; and

(2) in calculating a 24-hour SO2 emission rate for a unit, the period of time in which the unit is 

not fired with coal.

7:27-10.5(d) informs the owners or operator of the mailing address for submitting the written 

application pursuant to (a)(1).

The amendments to N.J.A.C. 7:27-10.5 provide clarity for owners/operators of affected sources 

that are subject to SO2 performance standards. The amendments are consistent with EPA’s 

enforceability guidance document for clarity, and therefore are acceptable to EPA.

Recommended Action: Proposed Approval of N.J.A.C. 7:27-10.5.

G. Subchapter 16: “Control and Prohibition of Air Pollution by Volatile Organic Compounds”

7:27-16.1 Definitions

N.J.A.C. 7:27-16.1 has been revised to add words and terms used in other sections and provide a 

definition for how they are to be used in complying with the control requirements. See New 
46

Jersey Register, August 4, 2008, CITE 40 N.J.R. 4441-4443. 

Definitions are consistent with EPA policy and guidance.

Recommended Action: Proposed Approval of N.J.A.C. 7:27-16.1 changes.

7:27-16.2 VOC stationary storage tanks

Deck fittings and seals:

Evaporative losses may occur through roof penetrations, such as those for deck fittings such as 

slotted guidepoles, access hatches (manways), and adjustable roof legs. Also, evaporative losses 

may occur along the rim seals, where the floating roof contacts the tank wall. Therefore, the 

NJDEP adopted provisions applicable to external floating roof tanks in Range III for deck fittings 

and seals and are based primarily on SCAQMD’s regulation Rule 1178 “Further Reductions of 

VOC Emission from Storage Tanks at Petroleum Facilities, Adopted December 21, 2001, 

amended April 7, 2006.” Also, the NJDEP removed an exemption for some tanks constructed or 

installed prior to December 17, 1979 from the requirement to install a double seal floating roof or 

other control apparatus. 

N.J.A.C. 7:27-16.2(l)1. - requires external floating roof tanks in Range III to meet provisions 

which will minimize emissions through roof penetrations by installing gaskets, seals and covers. 

N.J.A.C. 7:27-16.2(l)3. - requires external floating roof tanks in Range III to be equipped with a 

rim seal system meeting the specified requirements.

The Department anticipates 187 tpy or 0.51 tons per ozone season day of VOC emission 

reductions starting in 2010 as a result of retrofitting slotted guide poles, and anticipates additional 

emission reductions for upgrading other deck fittings and seals.

Domes: 

A stationary storage tank may be constructed with a floating roof or without a floating roof. Most 

of these tanks store gasoline. When the liquid, such as gasoline, is removed from a tank without a 

floating roof, a large vapor space is created between the stationary roof and the liquid surface. 

VOC vapors accumulate in, and then escape to the atmosphere from this vapor space. A floating 

roof eliminates this vapor space by floating on the liquid surface, thus eliminating VOC losses to 

the atmosphere. There are several types of floating roof tanks, including an internal floating roof 

tank, where the internal floating roof is covered by a fixed roof; an external floating roof tank, 

where the floating roof is not covered by a fixed roof, thereby exposing the external floating roof 

to the weather; or a domed external floating roof tank, where an external floating roof tank has 

been retrofitted with a dome to protect it from the weather. Wind blowing across external floating 

roof tanks causes evaporative losses, because the external floating roof is directly exposed to the 

wind. 
47

N.J.A.C. 7:27-16.2(l) 4 - 6, require external floating roof tanks in Range III to be retrofitted with a 

dome by the first time the tank is degassed after May 19, 2009 but no later than May 1, 2020 if 

the stored liquid has a high vapor pressure (greater than 3 psia). The tank must also be equipped 

with a rim seal system. Although industry has already fitted many external floating roof tanks 

with domes in New Jersey, the new provisions are intended to assure that the remaining tanks are 

fitted with domes. 

By May 1, 2020 the Department expects to yield an emission reduction of about 130 tpy of VOC 

from the New Jersey tank universe beyond the reductions achieved by upgrading deck fittings and 

seals. 

Roof landings:

A “roof landing” refers to situation when the liquid in a storage tank is removed and the floating 

roof is no longer in contact with the liquid being stored. A vapor space is created between the 

floating roof and the liquid surface, which enables vapors from the VOC remaining in the tank to 

accumulate. These vapors can escape from the vapor space as the tank is sitting idle and when 

they are displaced during refilling. This three step process - roof landing, idling, and refilling - is 

a roof landing cycle.

N.J.A.C. 7:27-16.2(n), (o), and (p) establishes requirements for landing a floating roof (when the 

roof rests on its legs or suspended by cables or hangers and the floating roof is no longer in 

contact with the liquid VOC as the remaining liquid is removed) and a facility-wide tank VOC 

control plan. Section 16.2(n) requires for external floating roof tanks, that when a roof is landed, 

the legs are set to a minimum height to minimize the vapor space and that the operation of 

emptying, filling shall be performed as rapidly as possible. Section 16.2(o) applies to internal 

floating roof tanks that when a roof is landed, the legs are set to a minimum height to minimize 

the vapor space and that the operation of emptying, filling shall be performed as rapidly as 

possible. Section 16.2(p) requires the owner or operator of any floating roof tank to submit a 

facility-wide tank VOC control plan to reduce the emissions during roof landing cycles. This 

includes routing all vapors to a control device that is at least 95 percent efficient until a floating 

roof is within 10 percent of being refloated. Pursuant to 16.2(p)(2)(ii), schedules for 

implementation of emission controls by May 19, 2019 are to 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 tanks. As an alternative to the implementation 

schedule of emission controls, storage tanks in Range III that store gasoline may submit an 

emissions averaging plan pursuant to 16.2(p)2.iii. 

The NJDEP estimates that in 2019 the new provisions will achieve VOC emission reductions of 

over 2,000 tons per year and over six and one-half tons per ozone season day. 

Degassing and cleaning:

VOC stationary storage tanks must be cleaned periodically. Before a tank is cleaned, it must be 

degassed (the removal of gases, such as gasoline vapor) so personnel can safely enter to clean the 
48

tank and remove accumulated sludge. The sludge removed from the tank can contain residual 

VOC liquid that may evaporate when exposed to the atmosphere.

N.J.A.C. 7:27-16.2(q) establishes requirements for degassing and cleaning storage tanks from 

May 1 through September 30 that previously stored VOC with a vapor pressure equal to or 

greater than 0.5 psia. The provisions require owners or operators to minimize the release of VOC 

vapors by exhausting or displacing vapors to control equipment that reduces emissions by 95 

percent, clean tank surfaces with cleaning agents that minimize VOC emissions, and control 

emissions from the sludge removed in the cleaning process. The provisions become applicable on 

and after May 1, 2010 with some exceptions. 

The Department estimates these new requirements will reduce VOC emissions during the ozone 

season by approximately 265 tons each year.

Inspection and maintenance:

An inspection and maintenance program can reduce VOC emissions by assuring that tank 

components are in good condition and operating properly. The NJDEP modeled its tank 

inspection and maintenance provisions on SCAQMD’s rules and the Federal New Source 

Performance Standards, 40 CFR Part 60 Subpart Kb.

N.J.A.C. 7:27-16.2(r) establishes a tank inspection and maintenance program. The provisions 

require owners or operators to inspect deck fittings and seals on external floating roof tanks every

year and each time the tank is emptied and degassed (but no less than once every 10 years after 

degassing); to inspect deck fittings and seals on internal floating roof tanks each time the tank is 

emptied and degassed; and to annually make sure the covers to any hatches or other openings on 

fixed-roof tanks over 40,000 gallons storing VOC are leak-free. Any defects are required to be 

repaired by a specified schedule. Inspections must be performed by authorized inspector, requires 

the inspection results to be recorded on the Inspection Form located in Appendix II of Subchapter 

16.

The inspections and maintenance provisions will insure that the other control requirement 

provisions are complied with and that the emission reductions projected for those provisions are 

achieved.

Recommended Action: Proposed Approval of N.J.A.C. 7:27-16.2 changes and additions.

7:27-16.7 Surface coating and graphic arts operations

Offset lithographic printing and letterpress printing

N.J.A.C. 7:27-16.7(r) and (s) have been added and require more stringent emission controls. 

Where more resource intensive emission controls are necessary or involves modifying the 

equipment, compliance is required by May 1, 2010. The VOC solvent content of fountain 
49

solutions are limited depending on the type of equipment and must be complied with by May 19, 

2009. Cleaning materials are restricted to a composite vapor pressure less than 10 mm Hg or 

VOC content of less than 70 percent by weight with some exceptions after May 19, 2009.

N.J.A.C. 7:27-16.7(t) requires best management practices, such as, keeping VOC and VOC 

containing materials in closed containers, mixing vessels must have covers and kept closed when 

not adding or removing materials, VOC containing shop towels must be kept in closed 

containers, and recordkeeping are required after May 19, 2009.

The Department estimates that implementing these measures will achieve VOC emission

reductions in 2009 of 0.43 tpd during the ozone season, 104.6 tons in 2009 (May 1 through 

December 31) and 157 tpy in subsequent years (January 1 through December 31). Implementing 

best management practices (BMP) will result in additional emission reductions.

The above changes are consistent with the CTG recommendations issued on 10/5/06.

Recommended Action: Proposed Approval of N.J.A.C. 7:27-16 changes.

Flexible package printing

N.J.A.C. 7:27-16.7(h)(3) has been added and requires more stringent emission controls for 

rotogravure, sheet-fed gravure, or flexographic printing operations installed or modified on or 

after May 19, 2010.

N.J.A.C. 7:27-16.7, Table 7D –Part B contains new maximum allowable VOC content of surface 

coating formulations (minus water) limits.

N.J.A.C. 7:27-16.7(t) requires best management practices (see above description).

The Department estimates that implementing these measures will achieve VOC emission

reductions in 2009 of 0.08 tpd during the ozone season, 19 tons in 2009 (May 1 through

December 31) and 35.3 tpy in subsequent years (January 1 through December 31).

Implementing BMP will result in additional emission reductions.

The above changes are consistent with the CTG recommendations issued on 10/5/06.

Recommended Action: Proposed Approval of N.J.A.C. 7:27-16 changes.

Flat wood paneling and printed hardwood coatings

N.J.A.C. 7:27-16.7, Table 7B contains new maximum allowable VOC content per volume of 

coating (minus water) limits for flat wood paneling and printed hardwood coatings of 2.1 pounds 

per gallon with a compliance date of May 19, 2009.

N.J.A.C. 7:27-16.7(t) requires best management practices (see above description).
50

The Department does not anticipate emission reductions in 2009 as a result of these

proposed amendments, because the State has no facility with this source operation.

The above changes are consistent with the CTG recommendations issued on 10/5/06.

Recommended Action: Proposed Approval of N.J.A.C. 7:27-16 changes.

7:27-16.11 Asphalt pavement production plants

Section 16.11 has been revised to clarify that its requirements apply to plants where asphalt 

pavement is produced. There were no changes to requirements.

Recommended Action: Proposed Approval of N.J.A.C. 7:27-16.11.

7:27-16.17 Alternative and facility-specific VOC control requirements.

N.J.A.C. 7:27-16.17 has been revised to limit the duration of an approved VOC alternate control 

plan to ten years. Sources could reapply a year before the old one expires. Sources with VOC 

control plans issued prior to May 19, 2009 must reapply and demonstrate continued justification 

or comply with the specific Subchapter 16 requirements for that source. If the source does not 

submit a proposed plan by August 17, 2009, the existing plan terminates on August 17, 2009 and 

the source must be in compliance with all provisions of Subchapter 16. 

Recommended Action: Proposed Approval of N.J.A.C. 7:27-16.17.

7:27-16.19 Application of cutback and emulsified asphalts

N.J.A.C. 7:27-16.19 has been revised to further reduce the amount of VOC in cutback asphalt or 

emulsified asphalt used between April 16 through October 14 to no greater than 0.1 percent VOC 

by weight or no greater than 6.0 milliliters of oil distillate, in accordance with ASTM Method 

D244. In addition, cutback asphalt or emulsified asphalt must be stored in sealed containers from 

April 16 through October 14. Both these requirements are applicable as of April 16, 2009.

The Department estimates that implementing the proposed measures will achieve VOC

emission reductions in 2009 of 3.6 tons per day (tpd) during the ozone season (May 1 through 

Sept 30) and 420 tons per year (tpy), as a result of reductions from April 16 through October 14.

Recommended Action: Proposed Approval of N.J.A.C. 7:27-16.19 changes.
51

H. Subchapter 21: ”Emission Statements”

1. N.J.A.C. 7:27-21.2 Applicability

Subchapter 21 - Emission Statements, is a rule that requires industrial facilities to report 

annually detailed VOC and NOx, air pollutant emissions and process-related data to NJDEP, if 

the facility emits or has the potential emit air pollutants above a specified emissions threshold. 

The reporting thresholds in Table 1 below have not changed. It applies to a facility if the facility

emits or has the potential to emit, directly or indirectly to the outdoor atmosphere, any air 

contaminant listed in Table 1 below at a rate greater than or equal to the applicable reporting 

threshold given in Table 1.

TABLE 1

AIR CONTAMINANT REPORTING THRESHOLDS

Air

Contaminant

Reporting Threshold

(Tons per Year)

VOC 10

NOx 25

CO 100

SO2 100

TSP 100

PM2.5 100

PM10 100

NH3 100

Pb 5

N.J.A.C. 7:27-21.1 and 21.5 was amended as part of this SIP revision to require owners/operators 

of VOC stationary storage tanks with floating roofs to provide additional emission information 

concerning roof landings.

Recommended Action: Proposed Approval of N.J.A.C. 7:27-21.1 and 21.5.

2. N.J.A.C. 7:27-21.1

Subchapter 21 was also revised in an earlier adoption dated October 30, 2008 which was 
52

also submitted as a SIP revision. The earlier revision incorporated changes to the definition of 

volatile organic compounds (VOC). The changes exclude tertiary butyl acetate or t-butyl acetate 

(TBAC) from VOC emissions limitations or VOC content requirements, but require that TBAC 

be considered a VOC for purposes of recordkeeping, emissions reporting, photochemical 

dispersion modeling and inventory requirements. EPA has evaluated New Jersey's revised VOC 

definition for consistency with the Act, EPA regulations, and EPA policy. The revised definition 

of VOC as used in the above rules is consistent with EPA’s definition in 40 CFR 51.100(s). 

Recommended Action: Proposed Approval of N.J.A.C. 7:27-21.1.

I. Other Comments 

It should be noted that, since the September 8, 2005 adoption of Subchapter 19 that EPA 

approved on July 31, 2007 (72 FR 41626), NJDEP adopted amendments to Subchapters 8, 16, 19 

and 21 on two occasions and one Administrative Correction without submitting the revised 

regulations to EPA for approval as SIP revisions. The two additional amendments and 

Administrative Correction include the following: November 21, 2005 (see 36 N.J.R. 4607(a) 

[Proposal], 37 N.J.R. 4415(a) [Adoption]; Administrative Correction: 38 N.J.R. 5155(b) 

[Adoption]; December 1, 2008 (see 39 N.J.R. 4492(a) [Proposal], 40 N.J.R. 6769(a) [Adoption]). 

This TSD addresses these two additional amendments and Administrative Correction because 

they are included in the codified version of this SIP revision. The amendments are summarized as 

follows: 

- November 21, 2005, 37 N.J.R. 4415(a) [Adoption]: This adoption affects Subchapters 8, 

16 and 19 as well as other subchapters that are not part of NJDEP’s April 2009 SIP revision. The

adopted amendments concern “reclassification of CO2 as an air contaminant.” At this time, EPA 

is taking action on Subchapter 8 and therefore EPA is not providing a discussion of the 

amendment to this subchapter. Subchapter 16 is amended at section 16.1 [Definitions] by 

deletion of the term “and carbon dioxide (CO2)” from the definition of “Distillates of air.” 

Subchapter 19 is amended at section 19.1 [Definitions] by including the same definition of 

“Distillates of air” as in Subchapter 16, however, except for some minor grammatical revisions, 

this definition at section 19.1 is unchanged from the definition that EPA approved in July 2007 

when NJDEP last submitted Subchapter 19 as a SIP revision for EPA approval. It is 

recommended that EPA propose to approve the amendments at sections 16.1 and 19.1 since the 

definition of “Distillates of air” has no regulatory impact on the control of VOC and NOx 

emissions from stationary sources. 

- Administrative Correction: 38 N.J.R. 5155(b) [Adoption and published in the New 

Jersey Register on December 4, 2006]: This adoption affects Subchapters 8, 16, and 19 as well as 

other subchapters that are not part of NJDEP’s April 2009 SIP revision. The adopted 

amendments concern administrative corrections which are grammatical in nature and, therefore, 

EPA is recommending proposed approval of these amendments to Subchapters 16 and 19. 
53

- December 1, 2008, 40 N.J.R. 6769(a) [Adoption]: This adoption affects Subchapters 8, 

16, 19 and 21 as well as other subchapters that are not part of NJDEP’s April 2009 SIP revision. 

The adopted amendments primarily concern control of VOC emissions at the following 

regulations: “Prevention of Air Pollution from Consumer Products,” TBAC Emissions 

Reporting,” and “Prevention of Air Pollution from Adhesives and Sealants.” These latter three 

adopted rules have been submitted to EPA for approval in a separate SIP revision and, therefore, 

are not discussed in this TSD. The other adopted amendments concern Subchapters 8, 16, 19, and 

21 as well as other subchapters that are not part of NJDEP’s April 2009 SIP revision. The 

amendments to Subchapters 8, 16, 19 and 21 concern the revision to the definition of “Volatile 

organic compound” or “VOC.” The revised definition of VOC is identical in each of the 

subchapters and it incorporates by reference the definition of the term defined by EPA at 40 CFR 

51.100(s). This revision to the definition of VOC at Subchapters 16, 19 and 21 are the same as 

defined by EPA and, therefore, EPA proposes to approve these amendments. 

J. Generic RACT provisions at Subchapters 16 and 19

The Agency also analyzed New Jersey’s regulations at sections 16.17 and 19.3 for caseby-case determinations in accordance with EPA policy developed for generic VOC and NOx 

RACT rules. This policy is detailed in a memorandum, dated November 7, 1996 from Sally

Shaver, Director Air Quality Strategies & Standards Division to EPA’s Regional Air Directors, 

entitled “Approval options for Generic RACT Rules Submitted to Meet the non-CTG VOC 

RACT Requirement and Certain NOx RACT Requirements.” A discussion of the generic RACT 

policy as applied to New Jersey’s VOC and NOx RACT determinations for source specific 

emissions follows below. 

Generic RACT Policy

In the Generic RACT memo, EPA allows for EPA approval of RACT regulations where 

future State submissions of RACT requirements represents sources with emissions, in the 

aggregate, that are determined to be de minimis. The guidance in the Generic RACT memo is to 

be applied to a submittal that establishes presumptive RACT for a majority of sources and 

provides that the remainder are subject to a generic RACT provision, that is case-by-case 

evaluations. (see Generic RACT memo at footnote 5). An approval, in accordance with the 

Generic RACT policy, defers the State’s obligation to have submitted, and EPA to have approved, 

rules with emission limitations for a de minimis set of emissions. While specific limitations and 

requirements for such a de minimis number of emissions would not be contained in the SIP, the 

sources of such emissions are still obliged to meet RACT pursuant to the SIP which contains 

enforceable requirements that the sources submit RACT limits. EPA’s de minimis deferral 

requires determining the amount of NOx and VOC emissions to be insignificant for purposes of 

approval of a generic RACT regulation or provision, but provides for the eventual determination 

and approval of such case-by-case determinations by EPA. 

In order for a de minimis determination to be made, the emissions in the aggregate for 

which submissions have not yet been made must be compared against a baseline. In the case of 
54

NOx, the Generic RACT policy establishes that the baseline is the 1990 stationary source NOx 

inventory, excluding utility boilers. In the case of non-CTG VOC sources, the baseline is the 

1990 inventory of VOC emissions from those major stationary sources that were not covered by a 

CTG at the time of the State submittal of the generic RACT regulation. However, for this current 

de minimis determination, EPA used the most recent stationary source inventory which is the 

2002 baseline of NOx and VOC emissions. This comparison must be made on an area-specific 

basis. Where the emissions for which submissions have not yet been made represent less than 5% 

of baseline, the guidance allows for full approval of the generic RACT regulation prior to the 

approval of those remaining case-by-case RACT determinations. 

De Minimis Determination of Section 19.3 for NOx Emissions

As previously stated in this TSD, and pursuant to section 19.3, owners/operators of 

facilities with either an AEL or FSEL issued by New Jersey prior to May 1, 2005 were required to 

submit a new NOx control plan by August 17, 2009 unless a 90-day extension is requested and 

approved by the State. Pursuant to section 19.13(b)(5)(iii), any plans not submitted to the State 

by the August 2009 date, or a later date approved by the State, the existing AEL or FSEL 

emission limit terminates on August 17, 2009. On June 25, 2009 New Jersey sent letters to 

remind the applicable owners/operators of the new requirements.

In emails dated 2/25/2010 and 3/11/1010, the State provided to EPA a list of five case-bycase NOx determinations submitted by the owners/operators of facilities by the State’s August 

2009 deadline or shortly thereafter. In the 2/25/2010 email, the State indicated they have 

extension requests from 3 or 4 sources with AEL limits. The statewide summary includes the 

NOx emissions from all statewide case-by-case determinations. EPA has reviewed the State’s 

summary of NOx emissions and, compared to the corrected 2002 baseline, EPA has determined 

that these emissions are de minimis. The determination of the actual de minimis value for NOx 

emissions is further detailed below. 

EPA has reviewed the information in the two emails mentioned above in the previous 

paragraph and has determined that the total NOx emissions from the five sources amounts to 555 

tons per year (tpy). EPA used the information from New Jersey’s 2002 statewide annual emission 

inventory to determine the corrected baseline of NOx emissions from stationary sources, as 

follows: 52,121 tons for point sources, 26,742 tons for area sources for a total of 78,863 tpy for 

all stationary sources; and 32,697 tpy for EGUs. Based on this information, the corrected NOx 

baseline is as follows: 78,863 tpy from all stationary sources minus 32,697 tpy for EGUs which 

equals 46,166 tpy as the corrected baseline. Therefore, based upon information received from 

New Jersey concerning NOx emissions from the five sources and EPA’s determination of the 

corrected stationary source 2002 baseline, EPA has determined that the actual de minimis value is 

1.20 percent [(555 tpy/46,166 tpy)x100 = 1.20%]. 

De Minimis Determination of Section 16.17 for VOC Emissions
55

Similar to the requirements at Subchapter 19, the New Jersey amendments to Section 

16.17 limit the duration of an approved VOC alternative control plan to ten years. Section 

16.17(c)(5) provides that, for control plans issued after May 19, 2009, sources can reapply for a 

new plan the year before the existing alternate control plan expires. Sources with VOC control 

plans issued prior to May 19, 2009 must reapply and demonstrate continued justification or 

comply with the specific Subchapter 16 requirements for that source. If the source does not 

submit a proposed plan by August 17, 2009, the existing plan terminates on 

August 17, 2009 and the source must comply with all applicable provisions of Subchapter 16. 

As indicated above, on June 25, 2009 New Jersey sent letters to remind the applicable 

owners/operators of the new requirements. In response to these letters, New Jersey received a 

VOC Control Plan in August 2009 from the Anheuser-Busch, Inc brewery in the city of Newark. 

New Jersey has not indicated to EPA that they received any VOC Control Plans other than the 

one from Anheuser-Busch. EPA has reviewed the State’s summary of VOC emissions and, 

compared to the corrected 2002 baseline, EPA has determined that these emissions are de 

minimis. The determination of the actual de minimis value for VOC emissions is further detailed 

below. 

EPA has reviewed the information from New Jersey mentioned above in the previous 

paragraph and has determined that the total VOC emissions from this source in 2008 was 28.18 

tpy or 0.306 ton per ozone season day assuming the yearly emissions were released during the 

ozone season. In addition, EPA used the information from New Jersey’s 2002 statewide annual 

emission inventory to determine the corrected baseline of VOC emissions from stationary

sources, as follows: 113.13 tons for point sources, 369.83 tons for area sources for a total of 

482.98 tpd for all stationary sources; Normally the tons from CTG sources would be excluded 

from this analysis, but in this situation with only one source and the number of SIC codes for the 

CTG categories which would need to be determined and excluded, would represent a significant 

effort. Instead, a comparison will be made with the total stationary source emissions and a small 

percent of the total stationary sources, 5 percent. 

Based on the total of 482.98 tpd, this one source represents 0.06 percent of the total area 

source inventory and based on 5 percent of the total or 24.15 tpd this one source represent 1.27 

percent. Therefore, based upon information received from New Jersey concerning VOC 

emissions and EPA’s calculations using the stationary source 2002 baseline, EPA has determined 

a de minimis value between 0.06 and 1.27 percent, well below the 5 percent guideline.

Conclusion

In summary, EPA used the NOx and VOC emissions information from New Jersey that 

included facilities throughout the State to determine the de minimis value. Should further 

information be developed by New Jersey after EPA proposes action on the State’s April 2009 SIP 

revision, EPA will determine a new de minimis value. EPA has determined that New Jersey’s 

generic RACT provisions conform to EPA’s generic RACT policy detailed in Sally Shaver’s 

November 7, 1996 memorandum. Therefore, for this reason, EPA proposes approval of the 

generic RACT provisions at sections 16.17 and 19.13 proposed in this SIP revision. 
56

IV. NOx RACT 

EPA originally approved Subchapter 19 into the SIP on May 31, 1972. 37 FR 10842, 

10880 and 40 CFR 52.1576. This rule was adopted because the Clean Air Act requires states to 

submit to EPA a plan that provides for implementation, maintenance and enforcement of a degree 

of nitrogen oxide reduction that is necessary to achieve attainment with the NAAQS. New Jersey

developed, adopted and submitted to EPA, for approval into the SIP, Subchapter 19, a plan for the 

application of reasonably available control technology to reduce nitrogen oxide emissions from 

stationary sources. 

Pursuant to 40 CFR 81.331, New Jersey-NO2 table, all areas in New Jersey are classified 

as “Cannot be classified or better than national standards.”

New Jersey submitted previous versions of Subchapter 19 as SIP revisions which EPA 

approved as SIP revisions on January 27, 1997 (62 FR 3804), March 29, 1999 (64 FR 14832) and 

July 31, 2007 (72 FR 41626). New Jersey also developed, adopted and submitted to EPA a NOx 

Budget Trading Program and a Clean Air Interstate Rule (CAIR) program which EPA approved as 

SIP revisions on May 22, 2001 (66 FR 28063) and October 1, 2007 (72 FR 55666), respectively. 

The current submission provides new provisions and amendments that establish more stringent 

RACT limits for stationary sources that emit NOx.

Given the previously approved versions of Subchapter 19 and the most recent version of 

Subchapter 19 that EPA is proposing to approve in this action, EPA has determined that New 

Jersey has met the requirement to adopt NOx RACT. Therefore, the 40 CFR 52.1576 finding 

relating to the New Jersey SIP not providing for NOx RACT has been satisfied and this finding 

should be removed. 

V. CONCLUSION 

Both Subchapters 16 and 19 contain provisions which require case-by-case RACT 

determinations to be submitted as SIP revisions. These case-by-case RACT determinations are 

needed to fulfill the RACT requirement of section 182 of the Act. The State is in the process of 

evaluating these determinations for approval and therefore has not yet submitted them as SIP 

revisions. EPA would normally propose to conditionally approve this SIP revision as meeting the 

RACT requirement pending New Jersey’s submission and EPA’s approval of the case-by-case 

RACT determinations. However, based on information provided by New Jersey, the quantity of 

NOx and VOC emissions relevant to these determinations is below 5 percent of the stationary

source baseline of emissions which is what EPA considers to be de minimis. Therefore, pursuant 
57

to EPA guidance10, EPA is proposing to approve Subchapters 16 and 19. The remaining element 

needed to fulfill the VOC RACT requirement is New Jersey’s Subchapter 26, which New Jersey

submitted to EPA on April 9, 2009, as a SIP revision and which EPA is currently reviewing.

Therefore, EPA evaluated New Jersey’s submittal for consistency with the Act, EPA 

regulations and policy. The proposed new control measures will strengthen the SIP by providing 

additional NOx, SO2, fine particulate, and VOC emission reductions. Accordingly, EPA is 

proposing to approve the revisions to Subchapters 4, 10, 16, 19 and related revisions to 

Subchapter 21, as adopted on March 20, 2009, except that EPA is continuing to not act, for the 

reasons explained above in this rulemaking, on the phased compliance plans by repowering and 

innovative control technology in sections 19.21 and 19.23, respectively. In addition, EPA is 

proposing to delete 40 CFR 52.1576, relating to a prior finding that NOx RACT was not included 

in the New Jersey SIP. 

 

10

“Approval Options for Generic RACT Rules Submitted to Meet the non-CTG VOC RACT Requirement and Certain NOx RACT Requirements,” 

November 7, 1996.