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State of New Jersey Department of Environmental Protection
State of New Jersey Department of Environmental Protection

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Air Quality Management
Sulfur in Fuels

Proposed Amendments: N.J.A.C. 7:27-9.2
Proposed Repeal: N.J.A.C. 7:27-9.5

Public Notice

Take notice that the NJ Department of Environmental Protection is proposing to amend its rules at N.J.A.C. 7:27-9, Sulfur in Fuels, specifically N.J.A.C. 7:27-9.2, to lower, and thus make more stringent, the maximum sulfur content standard and maximum sulfur dioxide (SO2) emissions standards for fuel oil sold for use in New Jersey.  Both the existing and the proposed amended standards are based on the grade of the fuel oil; that is numbers 1, 2, 4, 5 and 6 grade fuel oils.  The Department is proposing a first phase of more restrictive maximum sulfur content standards for all grades of fuel oil (except No. 5, No. 6 and heavier grades in Zones 3, 4 and 6), to take effect  July 1, 2014.  This includes reducing the sulfur content in No. 2 oil (home heating oil) and lighter grade fuel oil from over 2000 parts per million (ppm) to 500 ppm in the first phase.  The Department is also proposing a second phase of more stringent maximum sulfur content standards to 15 ppm for No. 2 and lighter grade fuel oil, to take effect July 1, 2016.  Analogous changes to the maximum SO2 emissions standards, would also be effective July 1, 2014 and July 1, 2016.  The proposed amendments affect those who store, offer for sale, sell, deliver or exchange fuel oils for use in New Jersey, as well as the users of these fuel oils.

The Department is also proposing to repeal N.J.A.C. 7:27-9.5, which allows the use of high sulfur oil for units being converted to coal. 

The proposal constitutes a proposed revision to the State Implementation Plan (SIP).

The proposal is scheduled to be published in the New Jersey Register dated November 16, 2009.  A copy of the proposal is available from the Department’s website at, and from LexisNexis Customer Service at (800)223-1944 or  Be advised that there may be a fee for obtaining a copy of the proposal from some sources.

A public hearing concerning the Department’s proposal and proposed SIP revision is scheduled as follows:

Tuesday, January 5, 2010, at 10:00 a.m.
The NJDEP Building, Public Hearing Room (1st Floor)
401 East State Street
Trenton, New Jersey

Written comments may be submitted by close of business Friday, January 15, 2010, to:

NJ Department of Environmental Protection
Alice A. Previte, Esq.
Attn:  DEP Docket # 14-09-10/678
Office of Legal Affairs
P.O. Box 402
Trenton, New Jersey 08625-0402


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