NJ DEPARTMENT of ENVIRONMENTAL PROTECTION
ENVIRONMENTAL REGULATION
DIVISION OF AIR QUALITY
AIR QUALITY PERMITTING ELEMENT

Notice of Rule Proposal
N.J.A.C. 7:27-19 Control and Prohibition of Air Pollution from Oxides of Nitrogen (NOx) and other related provisions at N.J.A.C. 7:27-8.1, 8.2; 7:27-16.1, 16.8, 16.9, 16.10, 16.16; 7:27-22.1; 7:27A-3.10

Public Notice

Take notice that the New Jersey Department of Environmental
Protection (Department) is proposing new rules and amendments
at N.J.A.C. 7:27-19, Control and Prohibition of Air Pollution
from Oxides of Nitrogen (NO x). The Department is also proposing
related amendments to N.J.A.C. 7:27-8, Permits and Certificates for Minor Facilities
and Major Facilities Without an Operating Permit; N.J.A.C. 7:27-16, Control
and Prohibition of Air Pollution by Volatile Organic Compounds; N.J.A.C. 7:27-22,
Operating Permits (for Major Facilities); and N.J.A.C. 7:27A-3.10, Air Administrative
Procedures and Penalties. This proposal also constitutes a proposed revision
to the State’s Ozone State Implementation Plan (SIP) and a copy was forwarded
to the United States Environmental Protection Agency (USEPA). A statement of
the substance of the proposal follows:

The Department has initiated efforts to adopt new rules and
amendments to incorporate six regional air pollution control
measures endorsed by the Ozone Transport Commission (OTC).
These six measures were previously identified in the State’s
Ozone SIP to meet a USEPA identified ozone precursor emission
reduction shortfall. This proposed rule for additional NO x
control measures is the last one of the six measures. The goals
of this rulemaking are: to obtain additional reductions of
NO x emissions to assist in the attainment of the National
Ambient Air Quality Standard (NAAQS); to address the NO x emission
reduction shortfall identified by the USEPA; and to implement
the Department’s Ozone SIP commitment to USEPA.

These new rules and amendments would apply to owners or operators
of stationary sources of NO x emissions, including industrial/commercial/institutional
boilers, combustion turbines, and reciprocating engines. Owners
or operators of such sources would be required to achieve the
emission rate limit specified in the rules or to comply instead
with alternatives if technically or economically infeasible.
These rules would also regulate emissions from distributed
generation, consistent with the OTC recommendation in its March
2001 “Resolution of the States of the Ozone Transport
Commission Concerning the Creation of Incentives for Additional
Clean Distributed Generation of Electric Power.” Distributed
generation is the use of small scale electric generating technologies
installed at, or in close proximity to, the end user’s location.
The proposed new rules and amendments would seek better control
on diesel electric generators and encourage the use of cleaner
technologies, such as fuel cells and microturbines.

The proposal is scheduled to be published in the New Jersey
Register dated September 20, 2004. Copies of the Department’s
proposal are available from the Department’s web site at www.state.nj.us/dep/aqm,
the Department’s Public Information Center at 401 E. State
Street in Trenton, the Department’s Regional Enforcement Offices,
a number of public libraries throughout the State, and, for
a fee, from Westlaw Publishing at 1-800-808-WEST. For more
information on obtaining copies, please contact:

Bureau of Pre-Construction Permits
NJDEP Air Quality Permitting
Element
401 E. State Street, 2 nd Floor
P.O. Box 027
Trenton, NJ 08625-027
Phone: (609) 633-2829 and (609) 984-3023
Fax: (609) 984-6369

A public hearing(s) concerning the proposal is scheduled as follows:

Thursday, October 28, 2004 at
12:30 P.M. until close of
comments and 6:00 P.M. until close of comments
Department
of Environmental Protection Building
Public Hearing Room,
1 st Floor, East Wing
401 East State Street
Trenton, New Jersey

Written comments may be submitted by close of business, Friday, November 19,
2004 to:

New Jersey Department of Environmental Protection
Alice
Previte, Esq.
Attn: DEP Docket No. 18-04-08/245
Office of Legal Affairs
PO Box 402
Trenton, New Jersey 08625-0402