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

Notice of Rule Amendment Proposal
N.J.A.C. 7:27-27 Control and Prohibition of Mercury Emissions, and N.J.A.C. 7:27A-3.10

Public Notice
Take notice that the NJ Department of Environmental Protection is proposing amendments at N.J.A.C. 7:27-27, Control and Prohibition of Mercury Emissions, which set forth the requirements and procedures for the control and prohibition of air pollution from mercury emissions from coal fired boilers. In addition, the Department is proposing related amendments at N.J.A.C. 7:27A-3.10, Air Administrative Procedures and Penalties. The N.J.A.C. 7:27-27 amendments would provide a one year extension of the compliance deadline in case additional time is necessary for adjustment, optimization, and alternative reagent evaluation to enable a coal fired boiler to consistently meet the emission standards in the rules.

The N.J.A.C. 7:27A-3.10 amendment establishes penalties that are consistent with existing penalties for similar violations. Any owner or operator of a source subject to the proposed amendments and new rules who fails to comply with any applicable provision of N.J.A.C. 7:27-27 would be subject to civil administrative penalties in the amounts proposed in N.J.A.C. 7:27A-3.10(m)(27).

The proposal is scheduled to be published in the New Jersey Register dated August 1, 2005. Copies of the Department’s proposal are available from the Department’s web site at www.state.nj.us/dep/rules/proposals/20050801dnjac7_27njac7_27a.pdf, 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
Telephone: (609) 633-2829 and (609) 984-3023
Fax: (609) 984-6369

A public hearing concerning the proposal is scheduled as follows:

Friday, September 30, 2005 at 1:00 p.m.
NJDEP
401 E. State Street
Public Hearing Room, First Floor, East Wing
Trenton, New Jersey

Written comments may be submitted by close of business, Friday, September 30, 2005, to:

NJ Department of Environmental Protection
Alice Previte, Esq.
Attn: DEP Docket # 06-05-03/502
Office of Legal Affairs
P.O. Box 402
Trenton, New Jersey 08625-0402