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State of New Jersey Department of Environmental Protection

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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, 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

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