The NJDEP air toxics program has evolved over the years into a multi-pronged approach to decrease air toxic emissions in our state.

In a first attempt to specifically address exposure to air toxics, in 1979 NJDEP adopted regulation N.J.A.C.7:27-17, “Control and Prohibition of Air Pollution by Toxic Substances.”  This regulation listed eleven “Toxic Volatile Organic Substances” (TVOS) and required that sources emitting those TVOS into the air register with the NJDEP, and demonstrate that they were using state-of-the-art controls to limit their emissions. 

Since that time, the NJDEP Air Toxics Program has expanded to include risk assessment, federal regulations, and even other NJDEP programs, all of which contribute to the continued reduction of air toxics emissions.

The air toxics program in New Jersey evolved from the criteria pollutant program, with air toxics responsibilities gradually added to routine activities of permit evaluators, enforcement officers, and ambient monitoring and stack testing staff.  This evolution allowed the program to get started quickly, without requiring special requests for new resources.  However, this approach requires an enormous amount of cooperation and coordination between programs.  In 1987, an Air Toxics Steering Committee was formed to bring together representatives of various programs that were dealing with different aspects the air toxics issue.  In addition to most of the bureaus in the Air Program, members represent the Division of Science, Research and Technology; Air Compliance and Enforcement; Office of Policy and Planning; Environmental Justice Program; Office of Local Environmental Management; Office of Pollution Prevention and Right to Know; and the Department of Health and Senior Services.  The Steering Committee continues to meet regularly, to evaluate the status of the air toxics problem in New Jersey, discuss emerging issues, and develop strategies.

The NJDEP Air Toxics Program can be roughly divided into the following categories.

1.  PERMIT REVIEW

New Jersey's Air Quality Permitting Program combines control technology requirements and risk assessment to address emissions of air toxics from stationary sources, including certain types of industrial and commercial area sources.

Control Technology Requirements

When a company applies for an Air Pollution Control Permit for a new or modified source of air emissions, it is required to use state-of-the-art control techniques. These techniques generally include performance limits that are based on air pollution control technology, pollution prevention methods, and process modifications or substitutions that will provide the greatest emission reductions that are technologically and economically feasible. These technology requirements have been a part of the program for over thirty years, and initially addressed emissions of so-called “criteria pollutants.”

In 1979, NJDEP extended these control technology requirements to certain types of facilities that emitted 11 “Toxic Volatile Organic Substances” (TVOS).  These were specifically listed in N.J.A.C. 7:27-17, Control and Prohibition of Air Pollution by Toxics Substances.
 
The federal Clean Air Act Amendments of 1990 mandated that USEPA develop “Maximum Achievable Control Technology” (MACT) standards for sources of 188 specific hazardous air pollutants.  Many of these have been incorporated into the New Jersey program, while in some cases New Jersey’s requirements are more stringent.

Some specific types of sources that have upgraded their pollution controls in recent years to comply with New Jersey SOTA requirements include hospital incinerators, dry cleaners, and gas stations. 

Risk Assessment

In the early 1980s, NJDEP recognized that one shortcoming of the control technology approach was that it does not guarantee that the emissions from a source with state-of-the-art controls are sufficiently low to protect public health. A risk assessment policy was instituted, requiring most large sources of air toxic emissions to submit a document assessing the risk to the public from their emissions, along with their permit application. In 1989, a routine risk screening review process was instituted, in which NJDEP permit reviewers use a worksheet to evaluate the risk of smaller air toxics sources during permit review.

Large sources that must prepare their own risk assessments have included: municipal waste, sewage sludge, and hazardous waste incinerators; coal-fired power generating facilities; and co-generation units. Following NJDEP guidance, they predict the exposures to air toxics that could occur in the vicinity of their plants, and compare these exposures to health benchmarks. This risk assessment is then submitted to the Department for review. The final document is made available to interested members of the public.

Risk screening is carried out for other types of sources by NJDEP Air Quality Permitting Program staff during routine permit review.  Emissions of specific air toxics are evaluated, including 128 carcinogens, 135 chemicals with long-term effects, and 59 with short-term effects.  If the exposure predicted by the screening procedure is greater than a target amount, then additional modeling and risk assessment are done by the NJDEP dispersion modeling staff.  If risk targets are still exceeded, additional emission reductions may be required before a permit is approved.  This risk screening step provides consistency and efficiency in the review process, while ensuring adequate protection of public health.

Guidance on how to prepare a risk assessment can found in Technical Manual 1003. The NJDEP risk screening tools are also available here.

2.  VOLUNTARY REDUCTIONS

Reductions in emissions of air toxics in New Jersey have also occurred as the result of initiatives carried out by programs outside the Division of Air Quality.  These programs use disclosure, planning, and compliance requirements to encourage facilities to voluntarily reduce emissions of air toxics. 

Pollution Prevention Program

While the 1991 rules establishing the New Jersey Pollution Prevention Program did not mandate air toxic emission reductions, there was a reduction of 50% in production-related wastes from 1987 to 1994.  There was an additional 26% reduction of production-related wastes from 1994 to 2001.  The Pollution Prevention Act of 1991 requires that facilities in certain industrial sectors prepare Pollution Prevention Plans, and submit plan summaries that contain 5-year reduction goals for both Use and Nonproduct Output (NPO). Plan summaries are submitted to the Department every 5 years. Progress reports towards those 5-year reduction goals are submitted annually.

A May 1996 report by Hampshire Research Associates, Inc., "Evaluation of the Effectiveness of Pollution Prevention Planning in New Jersey," found the following benefits of pollution prevention planning:

• The majority of facilities appear to have set higher reduction goals, on average, than they would have without the required planning.
• Most facilities found planning worthwhile, and discovered benefits beyond reduction goals and fulfilling regulatory requirements.
• Pollution Prevention opportunities continue to be plentiful even for facilities with previous reductions, and planning was a useful approach to identify them.
• Process-level materials accounting was a successful planning tool for identifying reduction opportunities.

Community Right to Know (CRTK)

New Jersey’s Community Right to Know Program was one of the first in the country to require public reporting of chemical inventory and environmental release data.  Manufacturing and select non-manufacturing facilities must report the use, storage or production of hazardous substances.  Even facilities that are subject to federal Toxic Release Inventory (TRI) reporting are required to submit a New Jersey Release and Pollution Prevention Report (RPPR).  The RPPR contains information on the use, generation, treatment, and release of hazardous substances - more commonly called materials accounting data.

For more information concerning air releases of hazardous substances from industrial facilities, please refer to the report Industrial Pollution Prevention in New Jersey: A trends Analysis of Materials Accounting Data From 1994-2001 .

Toxic Catastrophe Prevention Act (TCPA) Program

This accidental release prevention program requires that owners and operators of subject facilities have an NJDEP-approved risk management program in place if they handle, use, manufacture, store, or have the capability of generating an extraordinarily hazardous substance (EHS) at certain specified quantities.  In 2003, the rules were expanded to include reactive substances and mixtures.  The program encourages facilities to reduce inventories or switch to inherently safer chemicals and processes in order to prevent accidental releases of hazardous substances.  Since 1988, when the TCPA rules were first adopted, the number of sites storing threshold quantities of toxic, flammable, or reactive extraordinarily hazardous substances has decreased by more than 80%.

GreenStart Program

GreenStart is a compliance assistance program developed by NJDEP to proactively help small businesses and municipalities comply with their environmental obligations. It is the only multi-media environmental compliance assistance program providing free on-site consultations by qualified NJDEP employees. The program assists facility owners and operators in interpreting environmental regulations and evaluating compliance in the areas of air, water and pesticides pollution control, solid and hazardous waste management, Right-to-Know (RTK), Toxic Catastrophe Prevention Act (TCPA), and spill containment plans under Discharge Prevention, Containment and Countermeasures (DPCC). If violations are discovered during the process, a grace period of up to six months is provided, except for egregious violations.  A comprehensive report of findings and recommendations is issued to the facility after the on-site visit. If necessary, free follow-up visits are conducted to ensure identified problems are corrected within an agreed upon time period.

3.  TRADITIONAL POLLUTANT CONTROL PROGRAMS

In addition to programs that are focused directly on air toxics, programs aimed at control of criteria pollutants can also result in reductions of air toxic emissions.  These programs address point, area, and mobile sources.

Point Source Controls

Control requirements and emission offset requirements for volatile organic compounds (VOCs) and particulate matter contribute significantly to reductions of air toxics emissions.  Although VOCs are controlled primarily because they lead to the formation of ozone, many of them are also hazardous air pollutants (HAPs), or air toxics.  Particulate matter, a criteria pollutant, may also contain many individual compounds that are HAPs, particularly metals.

Area Source Controls

New Jersey has adopted several area source volatile organic compound-limiting rules that may also result in air toxic reductions.

• Architectural Coatings - Updated in 2004, N.J.A.C.7:27-23, “Prevention of Air Pollution from Architectural Coatings,” describes the NJDEP rules for limiting the VOC content of, and using, architectural coatings.  It applies to anyone who manufactures, blends, repackages, supplies, or distributes, sells, or applies an architectural coating within the State of New Jersey.  It lists the amount of VOCs allowed in specific types of architectural coatings.  For more information, the rule can be found at Subchapter 23.

• Consumer Products – N.J.A.C.7:27-23, “Prevention of Air Pollution from Consumer Products,” sets standards for the allowable VOC content in a wide range of chemically-formulated consumer products, including adhesives, automotive products, cosmetics, and cleaners.  It applies to any person who sells, distributes, supplies, or manufactures for sale in New Jersey any listed consumer product that is for use in New Jersey by a consumer or by a person who uses the product in providing a service.  Revised limits  became operative on January 1, 2005.  This rule can be found at Subchapter 24.

• Other area sources addressed by New Jersey VOC rules include:

• Portable fuel containers
• Mobile equipment repair and refinishing
• Solvent cleaning operations
• Gasoline transfer operations
• VOC transfer operations, other than gasoline
• Marine tank vessel loading and ballasting operations
• Surface coating and graphic arts operations
• Asphalt plants
• Application of cutback and emulsified asphalts

Mobile Source Controls

Some of the numerous hazardous air pollutants that are emitted from mobile sources are benzene, formaldehyde, 1,3-butadiene, acetaldehyde, acrolein, and naphthalene.  These and many others contribute significantly to the nationwide risk from breathing outdoor air.

The Federal Motor Vehicle Pollution Control Program

• Proposed Mobile Source Air Toxics Rule - In early 2006, USEPA proposed the rule “Control of Hazardous Air Pollutants from Mobile Sources.”  It would significantly lower emissions of air toxics by lowering the benzene content of gasoline; by reducing exhaust emissions from passenger vehicles operated at cold temperatures; and by reducing emissions from portable gasoline containers.

• Emissions Standards for Newly Manufactured Gasoline Vehicles - Since adoption of the Clean Air Act Amendments in 1990, federal emission standards for newly manufactured gasoline vehicles have been made more stringent.  Starting with the 1994 model year,  emissions of hydrocarbons (many of which are air toxics) have been cut by about 40%.  New Jersey has participated in the National Low Emission Vehicle (NLEV) Program since the 1999 model year.

• Tier 2 Vehicle and Gasoline Sulfur Program – Emissions standards for light-duty gasoline vehicles (including Sport Utility Vehicles) are being phased-in starting with Model Year 2004. These standards require extremely low emissions of hydrocarbons that include a number of air toxics. This rule also requires reduced levels of sulfur in gasoline that phase-in between 2004 and 2006.

• Heavy-Duty Diesel Rule – Finalized in 2001, this rule established a single comprehensive national control program that will regulate the heavy-duty vehicle and its fuel as a single system.  The new sulfur standards for highway diesel fuel begin to take effect in 2006.  The new emissions standards for heavy-duty vehicles begin to take effect in 2007.

• Reformulated Gasoline Program - Phase 1 of this effort began in January 1995, and reduced toxics from gasoline-fueled vehicles by 15% or more from 1990 levels.  This rule limited the benzene content of gasoline to 1%.  Phase 2 standards that took effect in 2000 require a reduction in toxics of at least 21.5%, and a maximum benzene level of 0.9 volume percent.

• Federal Income Tax Deduction for Purchase of Hybrid-Electric Vehicles - Qualifying hybrids purchased or placed into service after December 31, 2005 may be eligible for a federal income tax credit of up to $3,400.

New Jersey’s Motor Vehicle Pollution Control Program

• Enhanced Inspection and Maintenance - As part of an overall effort to attain and maintain the National Ambient Air Quality Standards (NAAQS) for carbon monoxide (CO) and ground-level ozone, NJDEP in 2003 revised the rules implementing the State’s enhanced inspection and maintenance (I/M) program for motor vehicles.  One significant change that may have a positive impact on air toxics emissions is that pre-1996 model year school buses that would have been tested biennially (every other year) will now instead be tested twice a year. Details about the program can be found here.

• Diesel Initiatives – In recent years, New Jersey has undertaken a number of initiatives to reduce exposure to diesel emissions.  The enforcement of visible (soot) emissions standards for diesel trucks and buses was implemented in 1998.  The Diesel Risk Reduction Law was signed into effect in the fall of 2005, and mandates the reduction of toxic PM emissions from certain trucks and buses by requiring the installation of control devices. For details, see  Stop the Soot.

• Anti-Idling Rules for Diesel and Gasoline Vehicles – In general, vehicle idling is restricted to no more than three consecutive minutes if the vehicle is not in motion. This applies to both gasoline and diesel vehicles.  Specifics can be found in the regulations, which can be accessed at Subchapter 14, “Control and Prohibition of Air Pollution from Diesel-Powered Motor Vehicles,” N.J.A.C.7:27-14.3, General prohibitions; and Subchapter 15, “Control and Prohibition of Air Pollution from Gasoline-Fueled Motor Vehicles,”  7:27-15.8, Idle standard.

4.  OTHER AIR TOXICS INITIATIVES

Camden Waterfront South Air Toxics Pilot Project

This special project, begun in 2002, was funded by a grant from USEPA, and was designed to develop tools to quickly assess air quality problems in a community (with a focus on air toxics).  The Waterfront South neighborhood of Camden was designated as the study area in part because of the many air quality concerns that had been raised by the residents.  NJDEP worked with the community to collect samples, inventory air pollution sources, carry out a risk assessment, and identify and implement risk reduction strategies.  A final report was made available in 2005, although strategies to reduce risk and keep the community informed continue to be implemented.  For details, click here.

Urban Community Air Toxics Monitoring Project - Paterson City, NJ (UCAMPP)

NJDEP was awarded a competitive grant from the USEPA to identify risk reduction strategies for an urban community (Paterson) using air monitoring, air modeling, facility site visits, outreach and education. This is a multifaceted project which will:

• Characterize the spatial resolution of local air toxics;
• Determine concentration gradients;
• Identify source signatures from various land use(s);
• Evaluate modeling results using monitoring data;
• Field test new sampling and analyses techniques for air toxics that are currently difficult to quantify;
• Characterize the concerns of an Environmental Justice (EJ) community;
• Provide information and develop tools so that the NJDEP and the local community can better address exposure and risk issues related to air toxics; and
• Identify risk reduction strategies.

This study will serve as a pilot project and provide valuable information that can be applied to other communities around the state and the nation.

Please click here for more information.

New Jersey Air Toxics Monitoring Network

NJDEP has been measuring a group of toxic volatile organic compounds (VOCs) in Camden since about 1989. This site is part of the national Urban Air Toxics Monitoring Program, and provides the means to look at long-term trends in air toxics concentrations. However, with only one location and only measuring a limited number of pollutants, this site was found to be inadequate to the task of characterizing air toxics exposures for the entire state. So, in 1999, an air toxics monitoring site was established in Elizabeth, and in 2001 two additional sites were established in Chester and New Brunswick. These 4 sites in the Air Toxics Monitoring Network will now provide information on the spatial variation of air toxics concentrations in the state. The suite of pollutants measured at each site has also been expanded to include metals (such as cadmium) and semi-volatiles (such as benzo(a)pyrene).  A summary of the air toxics monitoring data can be found in the Air Quality Report compiled annually by the Bureau of Air Monitoring. 

Air Toxics Emissions Inventory

An emissions inventory is a collection of data describing the sources that emit a set of pollutants (their location, the type of stack, etc.) and the amount of these pollutants that they emit. For air toxics, the inventory is divided into three broad source categories:  point sources, area sources, and mobile sources.  Since 1998, the Department has been working with USEPA to provide as much state-specific data as possible to the National Emissions Inventory (NEI), with a focus on the point and area source portions on the inventory. The NEI is compiled for every third year (2005 being the most recent), and is the foundation of USEPA’s National Air Toxics Assessment (NATA).  Information for the point and area source inventories is gathered from stack test reports, permit records, dispersion modeling files, and from various programs around the Department, including Release and Pollution Prevention Report (RPPR) data, Pesticides, and Parks & Forestry. 

Emissions Statements

Beginning in 2004, revisions to NJDEP’s Emissions Statements rule (NJAC 7:27-21) require subject facilities to report annual emissions of thirty-six toxic air pollutants.  Although the emissions reported are totals for the facility, and not attributed to specific stacks or sources, they are being incorporated into New Jersey’s air toxics emissions inventory.  The regulation can be found at Subchapter 21.  Appendix 1, Table 1, lists the Toxic Air Pollutants.

Mercury Reductions

In 1994, upon the recommendation of the first New Jersey Task Force on Mercury Emissions Standard Setting, NJDEP promulgated a new regulation requiring municipal waste combustors (MWCs) to decrease their mercury emissions by 80% by the year 2000.  All of our MWCs reached this goal, through a combination of add-on controls and reducing the amount mercury-containing waste (including batteries) entering their units.  Mercury emissions from New Jersey MWCs were reduced by approximately 4000 pounds per year. 

In response to an increased awareness of mercury in the environment, including high concentrations in some species of fish in New Jersey lakes, the high toxicity of methylmercury, and the fact that many people consume fish, a second New Jersey Mercury Task Force was formed in 1998 to develop a comprehensive mercury pollution reduction plan for the state.  In December 2001, recommendations were made for further reducing mercury emissions from additional types of sources.  One of the outcomes was a revision to N.J.A.C.7:27-27, “Control and Prohibition of Mercury Emissions” Subchapter 27.  A more stringent limit was set for MWCs.  Also, first-time limits were set for hospital/medical/infectious waste incinerators, iron and steel melters, and coal-fired boilers. 
New Jersey hopes to achieve additional reductions of 1500 pounds per year.

Other recommendations include removing mercury from various products and processes.  The 2001 New Jersey Mercury Task Force Report.