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State of New Jersey Department of Environmental Protection

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Notice of Rule Proposal and State Implementation Plan Revision
Air Pollution Control: Air Emission Control and Permitting Exemptions, Hazardous Air Pollutant Reporting Thresholds, and CAIR NOx Trading Program and NOx Budget Trading Program

Take notice that the NJ Department of Environmental Protection is proposing new rules, repeals, and amendments to the 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 amendments to N.J.A.C. 7:27A and the new rules, repeals, and amendments to the following subchapters of N.J.A.C. 7:27: 8, 16, 17, 19, 21, 30 and 31.  The proposed repeal and amendments to N.J.A.C. 7:27-22 do not constitute a revision to the SIP as those provisions of N.J.A.C. 7:27-22 are not part of the SIP. The Department will submit the rules that are the subject of this Notice and that constitute a proposed revision to the SIP to the United States Environmental Protection Agency (EPA) to revise New Jersey’s SIP required by the Federal Clean Air Act (CAA).  

The proposed rules implement changes based on the experience the Department has gained in responding to disruptions caused by natural disasters such as Superstorm Sandy, availability of current data and new methodologies for determining hazardous air pollutant (HAP) thresholds, changes in Federal requirements regarding state programs to address emissions of oxides of nitrogen (NOx), and discussions that the Department has held with representatives of the regulated community and environmental groups.

The rulemaking consists of three major categories. First, the Department is proposing to amend its permitting rules to provide exemptions for equipment that is used during and after natural and human-caused disasters, and other equipment that has a negligible environmental impact. Second, the Department is updating the HAP reporting thresholds using the most recent science-based methodologies. Third, the Department proposes to repeal N.J.A.C. 7:27-30, CAIR NOx Trading Program, and N.J.A.C. 7:27-31, NOx Budget Program, which have been Federally preempted.  Additional proposed amendments conform the administrative penalties to the proposed rules and correct errors and inconsistencies.

The proposal is scheduled to be published in the New Jersey Register dated August 7, 2017.  A copy of the proposal is available on the Department’s website at:; and LexisNexis free public access to the New Jersey Register,

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

September 6, 2017 at 10:00 A.M.

New Jersey Department of Environmental Protection
Public Hearing Room
401 East State Street
Trenton, New Jersey 08625

Written comments may be submitted electronically by October 6, 2017 at; or in hard copy to:

Alice A. Previte, Esq.
ATTN: DEP Docket No. 12-17-06
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