NJ DEPARTMENT of ENVIRONMENTAL PROTECTION
Environmental Regulation
Air Quality Management

Notice of Rule Proposal
NJAC 7:27-24 Control and Prohibition of Volatile Organic
Compounds From Consumer and Commercial Products
NJAC 7:27A-3.10 Civil administrative penalties for violation
of rules adopted pursuant to the Act

Public Notice
Take notice that the New Jersey Department of Environmental
Protection (Department) is proposing new rules and amendments
of its rules at N.J.A.C. 7:27-24 and N.J.A.C. 7:27A-3.10, its
rules relating to the prevention of air pollution from consumer
products. The 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 (EPA). 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
model rules endorsed by the Ozone Transport Commission (OTC).
These six model rules were previously identified in the State’s
Ozone SIP to meet a USEPA identified emission reduction shortfall.
This proposed rule for consumer products includes two of these
six model rules – the OTC model rule for consumer products
and the OTC model rule for portable fuel containers. The goals
of this rulemaking are: to reduce volatile organic compound
(VOC) emissions to assist in the attainment of the one-hour
ozone health standard; to demonstrate to the USEPA that New
Jersey is meeting its obligation for the VOC emission shortfall;
and to adopt a regionally consistent rule.

These proposed rules would apply to consumer products whose
use may result in the release to the atmosphere of VOCs. These
consumer products are of two types. The first type is chemically
formulated products, such as hair spray, insecticides, and cleaners,
which include VOCs in their formulation and which release VOCs
into the atmosphere when they are used. The proposed rules control
emissions by establishing limits on the VOC content of these
products. The second type is portable fuel containers, from
which VOC vapors may be emitted when fuel is poured into or
out of the containers, or when fuel is stored in the containers.
The proposed rules control emissions by establishing design
standards for portable fuel containers and their spouts.

The proposal is scheduled to be published in the New Jersey
Register dated September 15, 2003. Copies of the Department’s
proposal are available from 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, for a fee, from Westlaw Publishing at 1-800-808-WEST.
For more information on obtaining copies, please contact:

Ms. Diane Hutchings
NJDEP Air Quality Management
401 E. State Street
P.O. Box 418
Trenton, N.J. 08625-0418
phone: (609) 633-0530
fax: (609) 633-6198
diane.hutchings@dep.state.nj.us

A public hearing concerning the proposal is scheduled as follows:

Thursday, November 13, 2003 at 1:30 p.m.
First Floor Public Hearing Room
Department of Environmental Protection
401 E. State Street
Trenton, New Jersey

Written comments may be submitted by close of business, November
14, 2003, to:

Alice Previte, Esq.
NJ Department of Environmental Protection
Office of Legal Affairs
P.O. Box 402
Trenton, New Jersey 08625-0402
ATTN: DEP Docket # 18-03-08/247