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

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Notice of Rule Proposal and State Implementation Plan Revision
TBAC Emissions Reporting, Permitting, and Gasoline Transfer Operations

Take notice that the NJ Department of Environmental Protection is proposing new rules, amendments to its Air Pollution Control rules at N.J.A.C. 7:27, and related penalty provisions at N.J.A.C. 7:27A.  The proposal also constitutes a revision to New Jersey’s State Implementation Plan (SIP) for the attainment and maintenance of the National Ambient Air Quality Standards (NAAQS) for ozone.  A statement of the substance of the proposal follows:

The Department proposes to repeal t-butyl acetate (TBAC) emissions reporting and recordkeeping requirements.  Amendments to major and minor source permitting requirements expressly state that the terms of the preconstruction permit are incorporated into and become part of the operating permit, and provide that the Department will publish public notice of a draft operating permit by posting the notice on its website, rather than in the newspaper.  Amendments to the gasoline transfer operations rules allow new gasoline dispensing facilities to be constructed without Phase II vapor recovery systems, require existing facilities with Phase II systems that are incompatible with onboard vapor recovery (ORVR) systems to decommission the Phase II systems within three years (existing ORVR-compatible systems may remain in place, provided they are maintained), and require upgrades to the Phase I vapor recovery, tank breathing, and refueling components.  The amendments to the TBAC and Phase II provisions are a result of relaxation of EPA requirements.  The proposed amendments to permitting provisions are in response to an EPA audit of the Department’s rules.

The proposal is scheduled to be published in the New Jersey Register dated July 3, 2017.  A copy of the Department’s proposal is available on the Department’s website at:; and LexisNexis free public access to the New Jersey Register,  A copy of the Department’s proposed SIP revision is available on the Department’s website at

A public hearing concerning the proposal and the proposed SIP revision it represents is scheduled as follows:

August 24, 2017 at 10:00 A.M.
New Jersey Department of Environmental Protection
Public Hearing Room
401 East State Street
Trenton, New Jersey

Written comments may be submitted electronically by September 1, 2017 at; or
in hard copy to:

Alice A. Previte, Esq.
Attention: DEP Docket No. 09-17-06
NJ Department of Environmental Protection
Office of Legal Affairs
Mail Code 401-04L; PO Box 402
401 East State Street, 7th Floor
Trenton, NJ 08625-0402

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Last Updated: January 27, 2022