NJ DEPARTMENT of ENVIRONMENTAL PROTECTION

Environmental Regulation

Air Quality Management

Notice of Rule Proposal

N.J.A.C. 7:27-16, Control and Prohibition of Air Pollution By Volatile Organic Compounds and N.J.A.C. 7:27A-3.10, Air Administrative Procedures and Penalties.

Public Notice

Take notice that the New Jersey Department of Environmental Protection is proposing new rules, and amendments at N.J.A.C. 7:27-16 and N.J.A.C. 7:27A-3.10, Control and Prohibition of Air Pollution By Volatile Organic Compounds and Air Administrative Procedures and Penalties, respectively. If adopted, this rulemaking will help the State continue to make progress towards attainment of the one-hour standard of the National Ambient Air Quality Standards for ozone, since volatile organic compounds are one of the precursors of ozone. The amendments are proposed to be incorporated in the State's Ozone State Implementation Plan (SIP).

The Department is proposing new rules and amendments to it's rules governing the standards, emission limits and equipment specifications for sources of volatile organic compounds (VOC) emissions and the penalty code revisions. These new rules and amendments would establish new requirements for solvent cleaning operations, mobile equipment repair and refinishing operations, and gasoline transfer operations, in order to prevent or decrease emissions of VOCs from these operations.

• Solvent Cleaning Operations: The proposed amendments are based on a model rule prepared by the Ozone Transport Commission (OTC) and would establish more stringent equipment specifications and operating for vapor cleaning machines used to clean metal parts.

• Mobile Equipment Repair and Refinishing: The proposed new rules are based on a model rule prepared by OTC and would reduce VOC emissions by limiting the VOC content of paints, by requiring use of higher efficiency of spray guns and enclosed equipment for cleaning of spray guns and training of equipment operators by body shops and other mobile equipment repair and refinishing facilities.

• Enhanced Vapor Recovery: The proposal includes provisions which increase the stringency of the requirements by requiring a facility's vapor control system to have 98 percent control efficiency for transfer of gasoline from gasoline delivery vehicle to the facility's storage tank; requiring yearly pressure integrity testing of a vapor recovery system; requiring installation of pressure relief valves on all vents; and requiring a phase-in of new nozzles and gasoline dispensers that are compatible with the on-board vapor recovery systems.

The proposed amendments also would revise terms and definitions to make them consistent with the same terms and definitions found in the Air Pollution Control Code, N.J.A.C, 7:27, and the New Jersey Air Pollution Control Act, N.J.S.A. 26:2C-1 et seq.

The proposal was published in the New Jersey Register dated August 5,2002. The proposal is available in the following formats:

Copies of the Department's proposal are also available from the Department's Public Information Center at 401 E. State Street in Trenton, the Department's Regional Enforcement Offices, and a number of public libraries throughout the State. For more information on obtaining copies, please contact:

Ms. Lori McGee

DEP, Office of Air Quality Management

401 E. State Street

P.O. Box 418

Trenton, N.J. 08625-0418

phone: (609) 777-1345

fax: (609) 633-6198

lmcgee@dep.state.nj.us

A public hearing concerning the proposal is scheduled as follows:

Friday, September 6, 2002 at 10:00 a.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 Wednesday, September 10th, 2002, to:

Stacey P. Roth, Esq.

NJ Department of Environmental Protection

Office of Legal Affairs

P.O. Box 402

Trenton, New Jersey 08625-0402

ATTN: DEP Docket #20-02-07/243