UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

REGION II AIR PROGRAMS BRANCH

Technical Support Document

EPA’s Notice of Proposed Rulemaking

For

New Jersey Department of Environmental Protection’s State
Implementation Plan Revision:

Subchapter 4: “Control and Prohibition of Particles from Combustion of
Fuel”

Subchapter  8: “Permits and Certificates for Minor Facilities (and
Major Facilities Without an Operating Permit)”

Subchapter 10: “Sulfur in Solid Fuels”

Subchapter 16:  “Control and Prohibition of Air Pollution by Volatile
Organic Compounds”

Subchapter 19: “Control and Prohibition of Air Pollution from Oxides
of Nitrogen”

Subchapter 21: “Emission Statements”

April 2010

  SEQ CHAPTER \h \r 1 Technical Support Document

SIP Revision - State of New Jersey - Adopted March 20, 2009

INTRODUCTION……………………………………………………
…………………...4

CLEAN AIR ACT REQUIREMENTS FOR OZONE ATTAINMENT, RACT AND NEW JERSEY’S
RACT
REGULATIONS………………………………..…………...........
.......4

 Ozone Attainment
Requirements…………………………………………….........
.......4

 RACT
Requirements……………………………………………………
…..………….5

	C. New Jersey’s RACT Regulations Addressing the 8-Hour Ozone
Standard…………….5

EPA’S ANALYSIS OF STATE
SUBMITTAL………………………………….………...6

Procedural
Background……………………………………………………
……..…….6

The Purpose of New Jersey’s SIP Revision
………………….………………………..7

Subchapter 19: “Control and Prohibition of Air Pollution from Oxides
of Nitrogen”...8

NEW RULES

1. N.J.A.C. 7:27-19.12 Municipal solid waste (MSW)
incinerators…………………...8

2. N.J.A.C. 7:27-19.28 Sewage sludge
incinerators…………………………………..10

3. N.J.A.C. 7:27-19.29 2009 HEDD Emission Reduction Compliance
Demonstration
Protocol………………………………………………………
……………………….12

4. N.J.A.C. 7:27-19.30 2009 HEDD Emission Limit Achievement
Plan…………….15

AMENDMENTS

5.  N.J.A.C. 7:27-19.1:
Definitions……………………………………………….….
16

6.  N.J.A.C. 7:27-19.2: Purpose, scope and
applicability………………………….….17

7.  N.J.A.C. 7:27-19.3: General
Provisions…………………………………………...19

8.  N.J.A.C. 7:27-19.4: Boilers serving electric generating
units……………………..20

9.  N.J.A.C. 7:27-19.5: Stationary combustion
turbines……………………………...22

10.  N.J.A.C. 7:27-19.6: Emissions
averaging………………………….…………….26

11.  N.J.A.C. 7:27-19.7: Industrial/commercial/institutional boilers and
other indirect  heat
exchangers……………………………………………………
………………….26

12.  N.J.A.C. 7:27-19.8: Stationary reciprocating
engines…………………….……...29

13.  N.J.A.C. 7:27-19.9: Asphalt
plants……………………………………….……...29

14.  N.J.A.C. 7:27-19.10: Glass manufacturing
plants…………………………….….31

15.  N.J.A.C. 7:27-19.11: Emergency generators –
recordkeeping………………..….32

16.  N.J.A.C. 7:27-1912: (see NEW RULES
above)………………………………....32

17.  N.J.A.C. 7:27-19.13: Facility-specific NOx emission
limits……………………..32

18.  N.J.A.C. 7:27-19.14: Procedures for obtaining approval under this
subchapter…34

19.  N.J.A.C. 7:27-19.15: Procedures and deadlines for demonstrating
compliance....34

20.  N.J.A.C. 7:27-19.16: Adjusting combustion
processes…………………………..35

21.  N.J.A.C. 7:27-19.17: Source emission
testing…………………………………...35

22.  N.J.A.C. 7:27-19.18: Continuous emission
monitoring……..……………….…..35

23.  N.J.A.C. 7:27-19.19: Recordkeeping and
recording………………………….….35

24.  N.J.A.C. 7:27-19.20: Fuel
switching………………………………………….….35

25.  N.J.A.C. 7:27-19.21: Phased compliance –
repowering…………………………35

26.  N.J.A.C. 7:27-19.22: Phased compliance – impracticality of full
compliance by

May 19,
2009…………………………………………………………
……………….37

27.  N.J.A.C. 7:27-19.23: Phased compliance – use of innovative
control technology38

28.  N.J.A.C. 7:27-19.24: MEG
alerts………………………………………………...39

29.  N.J.A.C. 7:27-19.25: Exemption for emergency use of fuel
oil……………..…..39

30.  N.J.A.C. 7:27-19.26:
Penalties…………………………………………….……..39

31.  N.J.A.C. 7:27-19.27: (Reserved)
………………………………………………..39

32.  N.J.A.C. 7:27-19.28 (see NEW RULES
above)…………………………………40

33.  N.J.A.C. 7:27-19.29 (see NEW RULES
above)…………………………………40

34.  N.J.A.C. 7:27-19.29 (see NEW RULES
above)…………………………………40

35. Compliance
dates…………………………………………………………
………40

Subchapter 4: “Control and Prohibition of Particles from Combustion of
Fuel”…….41

AMENDMENTS

1.  N.J.A.C. 7:27-4.1:
Definitions……………………………………………….……
41

2.  N.J.A.C. 7:27-4.2: Standards for the emission of
particles………………………..42

Subchapter  8: “Permits and Certificates for Minor Facilities (and
Major Facilities Without an Operating
Permit)”…………………………………………………...43

Subchapter 10: “Sulfur in Solid
Fuels”……………………………………………….43

	AMENDMENTS

1.  N.J.A.C. 7:27-10.1:
Definitions………………………………………….............
..43

2.  N.J.A.C. 7:27-10.2: Sulfur content
standards……………………………………...44

3. N.J.A.C. 7:27-10.5 SO2 emission rate
determinations…………………………….45

Subchapter 16: “Control and Prohibition of Air Pollution by Volatile
Organic
Compounds”……………………………………………………
…………….…...45

Subchapter 21: “Emission
Statements”…………………………………………….....51

Other
Comments………………………………………………………
………………52

	J. Generic RACT provisions at Subchapters 16 and
19…………………………………..53

NOx
RACT…………………………………………………………
……………………..56

V.
CONCLUSION……………………………………………………
……………………...56

I.	INTRODUCTION  TC \l1 "I.	INTRODUCTION

	 In this technical support document, EPA provides detailed information
concerning our proposed findings of the ozone State Implementation Plan
(SIP) for the State of New Jersey, submitted by the New Jersey
Department of Environmental Protection (NJDEP) on April 21, 2009.   This
SIP addresses federal Clean Air Act requirements for the State of New
Jersey which is classified as “moderate” nonattainment for the 1997
8-hour ozone national ambient air quality standard (NAAQS or standard).
It also addresses the fine particle NAAQS and Regional Haze.

	In this technical support document, EPA:

documents our completeness determination;

summarizes the statutory and policy requirements for moderate ozone
8-hour nonattainment area SIPs that address VOC and NOx requirements for
Reasonably Available Control Technology (RACT) and for particulates;

describes our detailed analysis of the SIP, including the control
measures and provisions relied on to demonstrate compliance with the CAA
requirements for RACT; and

summarizes our conclusions on the SIP’s approvability with respect to
those requirements.

II.	CLEAN AIR ACT REQUIREMENTS FOR OZONE ATTAINMENT, RACT AND NEW
JERSEY’S RACT REGULATION  TC \l1 "II.	DESCRIPTION OF NOx RACT
REQUIREMENTS AND NEW JERSEY'S NOx RACT REGULATION

A.	Ozone Attainment Requirements

  SEQ CHAPTER \h \r 1 In 1997, EPA revised the health-based NAAQS for
ozone, setting it at 0.08 parts per million (ppm) averaged over an
8-hour time frame.  EPA set the 8-hour ozone standard based on
scientific evidence demonstrating that ozone causes adverse health
effects at lower ozone concentrations and over longer periods of time
than was understood when the pre-existing 1-hour ozone standard was set.

	On April 30, 2004 (69 Fed. Reg. 23951), EPA finalized its
attainment/nonattainment designations for areas across the country with
respect to the 8-hour ozone standard.  These actions became effective on
June 15, 2004.  The entire state of New Jersey is located in two
multi-state 8-hour ozone moderate nonattainment areas, the New
York-Northern New Jersey-Long Island, NY-NJ-CT nonattainment area, and
the Philadelphia-Wilmington-Atlantic City, PA-NJ-MD-DE nonattainment
area.

	These designations triggered the Act’s requirements under section
182(b) for moderate nonattainment areas, including a requirement to
submit an attainment demonstration.  EPA’s Phase 1 8-hour ozone
implementation rule, published on April 30, 2004 (69 Fed. Reg. 23951)
(Phase 1 Rule) specifies that states must submit attainment
demonstrations for their nonattainment areas to the EPA by no later than
three years from the effective date of designation, that is, by June 15,
2007.

On November 29, 2005, EPA published Phase 2 of the 8-hour ozone
implementation rule (70 Fed. Reg. 71612) (Phase 2 Rule) in which it
addresses the control obligations that apply to areas designated
nonattainment for the 8-hour ozone NAAQS.  Among other things, the Phase
1 and 2 Rules outline the SIP requirements and deadlines for various in
areas designated as moderate nonattainment.  For such areas, RACT plans
were due by September 2006 (40 CFR 51.912(a)(2)).

B.	RACT Requirements

	Sections 172(c)(1), 182(b)(2) and 182(f) of the Act require
nonattainment areas that are designated as moderate or above to adopt
RACT.  All of New Jersey is subject to this requirement since all
counties in the State are located in either of two nonattainment areas
that are classified as moderate ozone nonattainment areas for the 8-hour
ozone standard (40 CFR 81.331).  In accordance with section 182(b), New
Jersey must, at a minimum, adopt RACT level controls for sources covered
by a Control Techniques Guidelines (CTG) document and for any major
non-CTG sources.

	Section IV.G of EPA’s Phase 2 rule discusses the RACT requirements
for the 1997 8-hour ozone standard.  It states, in part, that where a
RACT SIP is required, SIPs implementing the 8-hour ozone standard
generally must assure that RACT is met, either through a certification
that previously required RACT controls represent RACT for 8-hour ozone
implementation purposes or, where necessary, through a new RACT
determination.  The majority of counties in New Jersey were previously
classified under the 1-hour ozone standard as severe, while the
remaining counties were subject to RACT as part of the Ozone Transport
Region.  New Jersey chose a uniform applicability level for RACT based
on the severe classification which resulted in a statewide requirement
for major sources of NOx and VOC to be defined as those having emissions
of 25 tons per year or more of both VOC and/or NOx.  Under the 8-hour
standard, in areas classified as moderate, the definition for major
sources is 50 tons per year for VOC and 100 tons per year for NOx.
However, New Jersey’s choice to retain the original 1-hour ozone
limits statewide in New Jersey for purposes of the RACT analysis
resulted in a more stringent evaluation of RACT.  New Jersey’s use of
25 tons per year for RACT is consistent with the anti-backsliding
provisions of the Act.  See Clean Air Act Sections 110(l) and 193; and
South Coast Air Quality Management Dist (SCAQMD) v. EPA, 472 F.3d 882
(D.C. Cir. 2006).

C. 	New Jersey’s RACT Regulations Addressing the 8-Hour Ozone Standard

Requirements

New Jersey submitted a RACT assessment in an August 1, 2007 submission
which was supplemented on December 14, 2007.  The RACT submission from
the State of New Jersey consisted of: (1) a certification that
previously adopted RACT controls in New Jersey’s SIP for 101 source
categories that were approved by EPA under the 1-hour ozone standard are
based on the currently available technically and economically feasible
controls, and that they continue to represent RACT for 8-hour ozone
implementation purposes; (2) a commitment to adopt new or more stringent
regulations that represent RACT control levels for both specific source
categories and specific sources; and (3) a negative declaration that for
certain Control Techniques Guidelines and/or Alternative Control
Techniques (ACTs) documents there are no sources within New Jersey or
that there are no sources above the applicable thresholds.

EPA reviewed the State’s RACT analysis and agreed with the State’s
conclusions.  On May 15, 2009 (74 FR 22837) EPA conditionally approved
New Jersey’s RACT SIP for the 8-hour ozone standard conditioned on the
State’s meeting its commitment to submit adopted RACT rules for 13
source categories by April 1, 2009.  To address this commitment, on
March 20, 2009, New Jersey adopted the RACT rules for the following 12
source categories: alternative and facility-specific VOC and NOx
emission limits; emulsified and cutback asphalt used for paving; asphalt
pavement production plants; CTGs published in 2006: flat wood paneling,
flexible packaging printing materials, and offset lithographic printing
and letterpress printing; coal-fired boilers serving electric generating
units (EGUs); oil and gas-fired boilers serving EGUs; High Electric
Demand Day (HEDD) EGUs; industrial/commercial/institutional boilers and
other indirect heat exchangers; municipal solid waste incinerators;
glass manufacturing furnaces; sewage sludge incinerators; and VOC
stationary storage tanks.  The industrial adhesives and sealants source
category (13th) was adopted on October 30, 2008 and submitted as a SIP
revision on April 9, 2009.  EPA will propose action on the adhesives and
sealant rule in a separate action.

This TSD provides EPA’s analysis and approvability determination of
amendments to New Jersey’s SIP: (1) for ozone, Subchapter 19,
“Control and Prohibition of Air Pollution from Oxides of Nitrogen,”
and Subchapter 16, “Control and Prohibition of Air Pollution by
Volatile Organic Compounds” and related amendments to Subchapter 21,
Emission Statements; and (2)

for PM2.5, Subchapter 4, “Control and Prohibition of Particles from
Combustion of Fuel,” and Subchapter 10, “Sulfur in Solid Fuels.”

        EPA’S ANALYSIS OF STATE SUBMITTAL

Procedural Background

On August 4, 2008, NJDEP proposed four new rules and amendments to
Subchapter 19, and other amendments to Subchapter 4 (“Control and
Prohibition of Particles from Combustion of Fuel”), Subchapter 10
(“Sulfur in Solid Fuels”), Subchapter 16 (“Control and Prohibition
of Air Pollution by Volatile Organic Compounds”), Subchapter 21
(“Emission Statements”) and N.J.A.C. 7-27A-3 (“Civil
Administrative Penalties and Requests for Adjudicatory Hearings”).  40

N.J.R. 4390 (Aug. 4, 2008).  NJDEP held a public hearing on the proposed
amendments on Friday, September 26, 2008, and accepted written comments
until October 3, 2008.  In an

October 3, 2008 letter to NJDEP, EPA submitted comments on the proposed
amendments to Subchapters 4, 16 and 19.  EPA did not provide comments on
the amendments to Subchapter 10, or 21.

On March 20, 2009, NJDEP adopted the new rules and amendments to
Subchapter 19 and amendments to Subchapters 4, 8, 10, 16, and 21.  The
new rules and amendments became operative on May 19, 2009.  On April 21,
2009, NJDEP submitted the new rules and amendments as a SIP revision for
EPA approval.

	NJDEP’s SIP revision consists of the following documents:

Letter of transmittal dated April 21, 2009 from Mark N. Mauriello, NJDEP
Commissioner to George Pavlou, EPA Region 2 Acting Regional
Administrator.

Attachment 1 - Documentation of Compliance with Public Notice
Requirements.

Attachment 2 - Copies of the newspaper legal advertisement and
affidavits of publication.

Attachment 3 - Copy of the New Jersey Register Notice of the Proposal.

Attachment 4 - Copy of the Adoption, as published in the New Jersey
Register on April 20, 2009.  41 N.J.R. 1752 (Apr. 20, 2009).  The
document includes NJDEP’s responses to public comments.

EPA reviewed the SIP revision and on June 4, 2009, determined it to be
administratively and technically complete in accordance with the
completeness criteria set out at 40 CFR Part 51, Appendix V.  This TSD
is the next step in EPA’s rulemaking.

EPA will take action on Subchapter 8 in a separate Federal Register
Notice.

B. 	Purpose of New Jersey’s SIP Revision

	New Jersey’s adopted new rules and amendments will help the State
meet the 1997 and 2008 8-hour ozone standard by reducing emissions of
VOC and  NOx.  As stated on the first page of the adoption notice of the
New Jersey Register (41 N.J.R. 1752; Apr. 20, 2009), the adopted new
rules and amendments will also reduce sulfur dioxide (SO2) emissions,
which will help the State meet the 1997 annual NAAQS for particulate
matter of 2.5 microns or less (PM2.5).  To

achieve these emission reduction goals, the adopted new rules and
amendments will impact the following 14 source categories of emissions:

- sources subject to alternative or facility-specific NOx emission
limits;

- asphalt used for paving; asphalt pavement production plants;

- boilers serving electric generating units;

- sources subject to control technique guidelines (CTGs) for flat wood

paneling coatings, flexible packaging printing materials and offset
lithographic printing and letterpress printing;

- glass manufacturing furnaces;

- boilers and stationary combustion turbines serving electric generating
units that operate on high electric demand days (HEDD);

- industrial/commercial/institutional (ICI) boilers and other indirect
heat exchangers;

- municipal solid waste (MSW) incinerators;

- sewage sludge incinerators; and

- VOC stationary storage tanks.

	As further stated by NJDEP on the first page of the adoption notice of
the N.J.R, the State anticipates that when the rules are fully
implemented, they will achieve reductions of VOCs of more than 10 tons
per day (TPD) during the ozone season and more than 2600 TPY.  The
adopted rules for VOCs will be fully implemented in 2020.  NJDEP
anticipates reductions of SO2 of more than 2500 TPY.  NJDEP anticipates
that NOx emissions should be reduced by more than 9 TPD during the ozone
season and more than 3100 TPY.  NJDEP anticipates additional NOx
reductions of  more than 63 tons on each high electric demand day.  The
NOx and SO2 rules will be fully implemented in 2015 and 2013,
respectively.

C.	Subchapter 19: “Control and Prohibition of Air Pollution from
Oxides of Nitrogen”

	The following is a description of the adopted new rules and amendments
to Subchapter 19 for major stationary sources of NOx.  Each description
is followed by EPA’s analysis and a recommendation of either approval,
conditional approval, or disapproval.  The descriptions are categorized
below into two section: New Rules and Amendments.

NEW RULES

1.	N.J.A.C. 7:27-19.12: Municipal solid waste (MSW) incinerators

	The new rule at N.J.A.C. 7:27-19.12 establishes a NOx emission limit
and compliance monitoring requirements for MSW incinerators.

	The new provision at N.J.A.C. 7:27-19.12(a) requires owners/operators
of any size MSW incinerator to restrict emissions of NOx to a maximum
allowable emission concentration of 150 parts per million measured on a
dry volume basis (ppmvd) at 7.0% oxygen, averaged over a calendar day.
N.J.A.C. 7:27-19.12(a)(1) requires compliance by July 18, 2009 if
compliance is

achieved by optimizing the existing NOx air pollution control system
without modifying the MSW incinerator; whereas N.J.A.C. 7:27-19.12(a)(2)
allows for a compliance date of May 1, 2011 if compliance is achieved by
installation of a new NOx air pollution control system or by physically
modifying an existing MSW incinerator.

	If the NOx emission limit of 150 ppmvd cannot be achieved, N.J.A.C.
7:27-19.12(b)

allows owners/operators of the affected MSW incinerator to comply by
obtaining an alternative maximum allowable NOx emission rate approved by
NJDEP pursuant to N.J.A.C. 7:27-19.13.

	N.J.A.C. 7:27-19.12(c) requires owners/operators to install and to
demonstrate compliance with the NOx emission limit using a continuous
emission monitoring system (CEMS) pursuant to N.J.A.C. 7:27-19.18.

	According to NJDEP’s preamble section to the proposed requirements
for MSW

incinerators (see 40 N.J.R. 4390, 4400, August 4, 2008), there are 10
MSW incinerators at

four facilities within the State that already use selective
non-catalytic reduction (SNCR) control technology but may need to
optimize the control systems to meet the new emission limit.  There is
only one other facility (with three MSW incinerators) in the State that
would need to install SNCR to meet the new NOx emission limit.

	In addition, it should be noted that EPA’s Maximum Achievable Control
Technology (MACT) Federal plan for existing large (> 250 TPD municipal
waste) MWCs (40

CFR 62, Subpart FFF) establishes NOx emission limits in the range of 180
to 250 ppmvd at 7% O2 depending upon the type of incinerator (Note: mass
burn refractory combustors have no NOx emission limit).  EPA’s MACT
Federal plan for small (35-250 TPD municipal waste) MWCs (40 CFR 62,
Subpart JJJ) establishes NOx emission limits for Class I units in the
range of 170 to 380 ppmvd at 7% O2 depending upon the type of
incinerator.  EPA’s emission limit and NJDEP’s adopted allowable
emission limit are both based upon a daily 24-hour average.  Therefore,
New Jersey’s new control rules are consistent with EPA’s MACT
Federal plans for MWCs and provide for additional NOx emission
reductions.

	It should also be noted that owners/operators of MSW incinerators
previously submitted a RACT determination for NJDEP approval, in
accordance with the requirements of the current SIP approved (72 Fed.
Reg. 41626, July 31, 2007) N.J.A.C. 7:27-19.13, to establish a facility
specific NOx emission limit.  The State approved NOx RACT limits were
then submitted by NJDEP to EPA as a SIP revision for approval.  EPA
approved SIP revisions for large and small MWCs at the following
facilities: Union County Resource Recovery Facility (large MWCs), Essex
County Resource Recovery Facility (large MWCs), and the Warren County
Resource Recovery Facility (small MWCs).  The SIP approved NOx emission
limits for each are as follows: Union County RRF (225 ppmv, 3-hr
average), Essex County RRF (155 ppmv, 24-hr average), Warren County RRF
(300 ppmvd, 3-hr average).

	The new rule at N.J.A.C. 7:27-19.12 will result in additional
reductions in NOx emissions, will help New Jersey meet the 1997 and 2008
8-hour ozone standards, provides clarity for owners/operators of
affected sources in meeting the requirements for achieving compliance,
and

is consistent with EPA’s enforceability guidance document for clarity
and, therefore, is acceptable to EPA.

Recommended Action:  Proposed Approval of N.J.A.C. 7:27-19.12

2. 		N.J.A.C. 7:27-19.28: Sewage sludge incinerators

       	The new rule at N.J.A.C. 7:27-19.28 establishes a NOx emission
limit and compliance requirements for sewage sludge incinerators.

	The new provision at N.J.A.C. 7:27-19.28(a) requires owners/operators
of a sewage sludge incinerator to restrict emissions of NOx to a maximum
allowable emission rate of 7.0 pounds per ton of dry sewage sludge for
Multiple Hearth type incinerators and 2.5 pounds per ton of dry sewage
sludge for Fluidized Bed type incinerators, in accordance with Table 13
of Subchapter 19.  Alternatively, owners/operators may meet alternative
compliance requirements at N.J.A.C. 7:27-19.3(f).

		Pursuant to section 19.3(f) of Subchapter 19, owners or operators of
sewage sludge incinerators may comply by meeting the new presumptive NOx
emission limits by one of the

following existing options or combination of (1) and (3): (1) an
emissions averaging plan pursuant to sections 19.6 and 19.14 of
Subchapter 19; (2) an alternative maximum allowable

emission limit pursuant to section 19.13; (3) a plan for seasonal fuel
switching pursuant to sections 19.14 and 19.20;  (4) a plan for phased
compliance through the use of repowering pursuant to section 19.21 or a
plan for phased compliance through the use of innovative control
technology pursuant to section 19.23.

		In accordance with the phased compliance plan options, owners or
operators planning to

comply with a phased compliance plan must fully implement the plan by
November 7, 2009 and have begun to comply with interim control measures
and other requirements by March 7, 2007.  Pursuant to sections 19.21 and
19.23 of Subchapter 19, New Jersey must approve of any phased

compliance plan.  Applications to implement the phased compliance plans
were due to New Jersey by February 7, 2006.

		Each of the compliance options listed above is addressed below.
First, any emissions averaging plan or fuel switching plan must be
approved by New Jersey, however EPA approval is

not required since the emissions averaging procedures of section 19.6
and the fuel switching procedures of section 19.20 have already been
approved by EPA into the New Jersey SIP.  Second, any alternative
maximum allowable emission limit must be approved by New Jersey and
submitted for EPA approval as a SIP revision as provided in section
19.13.

		Finally, the phased compliance plan options in sections 19.21 and
19.23 would allow sources to comply with the NOx RACT requirements by
November 7, 2009 which is beyond the November 15, 2007 attainment
deadline for the New York-Northern New Jersey-Long Island 1-hour ozone
NAA.  Since New Jersey did not revise the March 7, 2006 due date for
sources to apply for phased compliance plan options in sections 19.21
and 19.23, EPA concludes that New Jersey did not mean for these two
compliance options to be available to owners/operators of affected
sources.

		When Subchapter 19 was last approved, EPA stated that it takes no
action to either approve or disapprove the existing provisions for
phased compliance using repowering or innovative control technology at
sections 19.21 and 19.23, respectively, because they contain a
compliance date of November 7, 2009, which was beyond the 1-hour ozone
attainment date deadline.  See 72 FR 41626, July 31, 2007.  EPA
continues to take no action on the phased compliance provisions at
sections 19.21 and 19.23, which are no longer viable control options,
and requests New Jersey to delete this date which has now passed the
next time Subchapter 19 is revised.

	If the NOx emission limit in Table 13 cannot be achieved, N.J.A.C.
7:27-19.28(b) allows owners/operators of the affected sewage sludge
incinerator to comply with the  alternative compliance options in
section 19.3(f) or by obtaining an alternative maximum

allowable NOx emission rate approved by NJDEP pursuant to N.J.A.C.
7:27-19.13.

	N.J.A.C. 7:27-19.28(c) requires owners/operators to demonstrate
compliance with the NOx emission limit using either CEMS or stack
emission testing pursuant with the requirements at N.J.A.C.
7:27-19.15(a)2.

	It should also be noted that owners/operators of sewage sludge
incinerators previously submitted a RACT determination for NJDEP
approval, in accordance with the requirements of the current SIP
approved (72 Fed. Reg. 41626, July 31, 2007) N.J.A.C. 7:27-19.13, to
establish a facility specific NOx emission limit.  The State approved
NOx RACT limits were then submitted

by NJDEP to EPA as a SIP revision for approval.  EPA approved SIP
revisions for sewage sludge

incinerators at three facilities in New Jersey: Parsippany-Troy Hills
Township Sewer Authority, Stony Brook Regional Sewerage Authority, and
the Township of Wayne.  Each of the SIP

approved NOx emission limits are for multiple hearth type incinerators
and EPA has calculated the equivalent emission limits to be in the range
of 8.75 to 12.0 lb NOx/ton of dry sewage sludge. In accordance with
EPA’s SIP approval for these three facilities, New Jersey may have
lowered the NOx RACT limits based upon results of compliance stack
emission testing.  As indicated above, the new presumptive RACT emission
limit for a multiple hearth type incinerator is 7.0 lbs NOx/ton dry
sewage sludge.

	The new rule at N.J.A.C. 7:27-19.28 will result in reductions in NOx
emissions, help New

Jersey meet the 1997 and 2008 8-hour ozone standard, provide clarity for
owners/operators of

affected sources in meeting the requirements for achieving compliance,
and is consistent with EPA’s enforceability guidance document for
clarity and, therefore, is acceptable to EPA.

Recommended Action:  Proposed Approval of N.J.A.C. 7:27-19.28

3.  	N.J.A.C. 7:27-19.29: 2009 HEDD Emission Compliance Demonstration
Protocol

	This new rule at N.J.A.C. 7:27-19.29 addresses NOx emission reduction
and compliance time requirements for owners/operators of high electric
demand day (HEDD) units.  Section 19.1 of  Subchapter 19 defines an HEDD
unit as an electric generating unit, capable of generating 15 megawatts
or more, that commenced operation prior to May 1, 2005, and that
operated less than or equal to an average of 50% of the time during the
ozone seasons of 2005 through 2007.  Section 19.29 contains the short
term strategy is to achieve NOx reductions from HEDD units, on each
HEDD, starting on May 19, 2009 through September 30, 2014 thereby
allowing owners/operators of affected units time to develop and
implement the long term strategy at N.J.A.C. 7:27-19.30 which requires
more stringent NOx emission reductions at the amended N.J.A.C. 7:27-19.4
[boilers serving electric generating units] and N.J.A.C. 7:27-19.5
[stationary combustion turbines].  New Jersey’s short term strategy is
accomplished by owners/operators developing an approvable “2009 HEDD
Emission Compliance Demonstration Protocol” (2009 Protocol) as
outlined at N.J.A.C. 7:27-19.29.

	The short term strategy is based a Memorandum of Understanding (MOA)
signed on March 2, 2007 by New Jersey and the member states of the Ozone
Transport Commission.  This MOA requires New Jersey to reduce NOx
emissions by 19.8 tons per day (TPD) on high electric demand days.  The
required reductions are based upon NOx emissions from operating HEDD
units that occurred in the OTC states on July 26, 2005, which is the
date chosen by the OTC as representative of a high electric demand day.
Subpart 19.1 of Subchapter 19 defines an “HEDD” as “the day
following a day in which the next day forecast load is estimated to have
a peak value of 52,000 megawatts or higher as predicted by the PJM
Interconnection 0815 update to its Mid Atlantic Region Hour Ending
Integrated Forecast Load, available from PJM Interconnection at
HYPERLINK "http://oasis.pjm.com/doc/projload.txt"
http://oasis.pjm.com/doc/projload.txt .”

	The applicability criteria for affected sources is established at
N.J.A.C. 7:27-19.29(a).  Section 19.29 of Subchapter 19 applies to
owners/operators of HEDD units, or their successors or assigns, that
operated on July 26, 2005 and that meet the following: (1) an HEDD
combustion turbine that was not controlled by water injection or
selective catalytic reduction (SCR), or a HEDD boiler that was not
controlled by SCR or SNCR; and (2) the NOx emission rate of the HEDD
unit was 0.15 pounds per million BTU heat input (lb/MM BTU) or greater.
The NOx emission rate for the HEDD unit for July 26, 2005 can be found
at the EPA Clean Air Market Division’s  (CAMD) website.

	N.J.A.C. 7:27-19.29(b) establishes that affected owners/operators of
HEDD units must

comply with the following: (1) prepare a 2009 Protocol in accordance
with section 19.29(d) of

Subchapter 19 and include in the 2009 Protocol all control measures
needed to achieve NOx emission reductions; (2) submit the 2009 Protocol
to New Jersey by June 18, 2009; (3) obtain the NOx reductions determined
by Equation 1 at section 19.29(c) of Subchapter 19 using one or more of
the control measures that meet the requirements at section 19.29(d) of
Subchapter 19 and that are listed in the 2009 Protocol, on each HEDD
starting on May 19, 2009 [the operative date of Subchapter 19] through
September 30, 2014, unless New Jersey has approved, pursuant to N.J.A.C.
7:27-19.22, a phased compliance plan with an initial compliance date
that is after

May 19, 2009; (4) demonstrate that all NOx reductions required by
section 19.29(b)(3) of Subchapter 19 were obtained and include the
demonstration in an annual report required at section 19.29(k) of
Subchapter 19.  The demonstration should use (i) calculations that

demonstrate that the NOx reductions at section 19.29(b)(3) were achieved
and (ii) the New

Jersey approved method of demonstrating in the 2009 Protocol that
implementation of the 2009 Protocol on each HEDD that occurred starting
January 1, 2005 through December 31, 2007 would

have resulted in at least as many tons of NOx emissions as would have
been required by the equation in section 19.29(c) of Subchapter 19.  The
owner/operator shall demonstrate that the 2009 Protocol, or a modified
protocol approved by New Jersey pursuant to section 19.29(h), was

implemented by them on each HEDD during the calendar year of the
applicable annual report; and (5) submit the annual report to NJDEP at
the address indicated.

As indicated in the paragraph above, N.J.A.C. 7:27-19.29(b)(3) requires
owners/operators of HEDD units to obtain the NOx reductions determined
by Equation 1 at section 19.29(c) starting on May 19, 2009 unless New
Jersey has approved, pursuant to N.J.A.C. 7:27-19.22, a phased
compliance plan that would allow an additional year, i.e. until May 19,
2010, for compliance.  For additional details, the reader is referred to
the final paragraph in section III.C.26 [N.J.A.C. 7:27-19.22: Phased
compliance – impracticality of full compliance by May 19, 2009] of
this TSD.

	N.J.A.C. 7:27-19.29(c) requires that owners/operators obtain the NOx
emission reductions determined by Equation 1 on each HEDD pursuant to
section 19.29(b)(3) of Subchapter 19.  Section 19.29(c) includes
Equation 1 and the definition of terms used in the equation.

	N.J.A.C. 7:27-19.29(d) establishes the requirements of the 2009
Protocol that owners/operators of HEDD units must comply with.
Owner/operator requirements include the following: (1) the Equation 1
calculations performed; (2) the list of control measures used to obtain
reductions.  New Jersey provides a list of control measures that may be
considered to

achieve the required NOx reductions.  The required NOx reductions may
also be obtained from  non-HEDD units; and (3) a list of required
information to be included for each control measure.

	N.J.A.C. 7:27-19.29(e) establishes a list of records to be maintained
pursuant to the

requirements of N.J.A.C. 7:27-19.19 [recordkeeping and reporting].  The
records maintained should be sufficient to document that the emission
reductions determined by Equation 1 are achieved.

	N.J.A.C. 7:27-19.29(f), (g), (h), and (i) establish the following: (1)
approval, revision and approval, or disapproval actions to be taken by
New Jersey of owners/operators’ submittal of the

2009 Protocol and the requirements and procedures for owners/operators
for resubmittal of a revised 2009 Protocol if New Jersey determines the
original submittal to be inadequate; (2) requirements for revising, at
any time, a previously approved 2009 Protocol; and (3) requirements for
the original owner/operator in revising an approved 2009 Protocol when
there are new

owners/operators of an HEDD unit.  Section 19.29(g)(3) indicates that
owners/operators will not

be in compliance with the NOx reduction requirements of section
19.29(b)(3) if the owners/operators implement a proposed 2009 Protocol
that was disapproved by New Jersey.

	N.J.A.C. 7:27-19.29(j) establishes that owners/operators may implement
any emission reduction measure that meets the requirements of  N.J.A.C.
7:27-19.29(d) provided the following

requirements are met by owners/operators: (1) obtain all necessary
permit modifications

pursuant to Subchapters 8 and 22; (2) submit a revised 2009 Protocol to
New Jersey within 30 days of implementing the measure; and (3) maintain
compliance with all applicable provisions of N.J.A.C 7:27.

	N.J.A.C. 7:27-19.29(k) establishes owner/operator requirements for
submittal of an annual

report for each control measure and each HEDD.  This provision includes
a detailed list of required information to be submitted with the annual
report.

	 N.J.A.C. 7:27-19.29 is a new rule that will result in additional
reductions in NOx emissions during high electric demand days and helps
NJDEP meet the 1997 and 2008 8-hour ozone standard.  N.J.A.C. 7:27-19.29
provides owners/operators with sufficient details concerning compliance,
reporting, recordkeeping and implementation of New Jersey’s
requirements for a 2009 Protocol.  N.J.A.C. 7:27-19.29 provides
sufficient level of detail of the 2009 Protocol requirements and New
Jersey’s process for approval such that it is unnecessary for New
Jersey to submit them to EPA for approval as SIP revisions.  In
addition, EPA supports New Jersey’s NOx reduction criteria in subpart
19.29(d)(2) of Subchapter 19 that requires that any control measures
used to meet the NOx emissions reduction  requirements of Equation 1
must result in emission reductions that are real, quantifiable,
enforceable, surplus, and are not required to comply with any State or
Federal permit, regulation, enforceable agreement, or HEDD emission
reduction program.

	The new rule at N.J.A.C. 7:27-19.29 will result in reductions in NOx
emissions during

high electric demand days, may help New Jersey meet the 1997 and 2008
8-hour ozone standard,

provides clarity for owners/operators of affected sources in meeting the
requirements for

achieving compliance, and is consistent with EPA’s enforceability
guidance document for clarity and, therefore, is acceptable to EPA.

  Recommended Action:  Proposed Approval of N.J.A.C. 7:27-19.29

4.		N.J.A.C. 7:27-19.30: 2015 HEDD Emission Limit Achievement Plan

		This new rule at N.J.A.C. 7:27-19.30 addresses requirements for
owners/operators of HEDD units in meeting new NOx emission limits
starting in 2015 and beyond.  As stated above, the new more stringent
NOx emission limits apply to units under the new amendments at N.J.A.C.
7:27-19.4 [boilers serving electric generating units] and N.J.A.C.
7:27-19.5 [stationary combustion turbines].  Owners/operators of HEDD
units will be required to submit to New Jersey a “2015 HEDD Emission
Limit Achievement Plan” (2015 Plan) by May 1, 2010.  The purpose of
the 2015 Plan is to document how the owner/operator intends to comply
with the 2015 HEDD emission limits and to provide a schedule by which
the new emission limits will be achieved for each HEDD unit.
Owners/operators of HEDD units are required to submit to New Jersey an

annual update on the progress of the 2015 Plan for each calendar year
from 2010 through 2014.  The annual progress plan requires
owners/operators of HEDD units to indicate any obstacles that might
impede progress in achieving compliance with the applicable 2015 NOx
emission limit and any steps needed to overcome these obstacles.  The
following provides additional details on the new rule at N.J.A.C.
7:27-19.30.

		N.J.A.C. 7:27-19.30(a) requires owners/operators of HEDD units to
submit the 2015 Plan to New Jersey by May 1, 2010.

		N.J.A.C. 7:27-19.30(b) provides that the purpose of a 2015 Plan is for
owners/operators to describe how they intend to comply with the 2015
HEDD maximum allowable NOx emission rates for each HEDD unit.  This
provision establishes the required detailed information that
owners/operators need to include in the 2015 Plan for the following
cases: (1) identification and detailed information for HEDD units that
will be taken out of service by May 1, 2015 in lieu of complying with
the applicable NOx emission rate (section 19.30(b)(1)); (2)
identification and detailed information for any HEDD unit that will be
complying with the applicable NOx emission rate by installing a control
apparatus or operating differently (section 19.30(b)(2)); and (3)
identification and detailed information for any HEDD unit that has
already demonstrated compliance, in accordance with section 19.15 of
Subchapter 19 [Procedures and deadlines for demonstrating compliance],
with the applicable NOx emission rate.

		N.J.A.C. 7:27-19.30(c) requires owners/operators of HEDD units to
prepare an update on progress in complying with the 2015 Plan.  The
owners/operators’ update needs to include the following information:
(1) an update for the years 2010 through 2014, if on January 1 of that

calendar year, an HEDD unit (i) did not comply with the applicable NOx
emission rates required for 2015 and (ii) was not taken out of service;
(2) an update on progress in complying with the 2015 Plan must be
submitted to New Jersey by January 30 after the calendar year of the
update; (3) an update must be submitted to the address provided by New
Jersey; (4) an update must include the detailed information required by
New Jersey for the HEDD units identified at section
19.30(c)(1)(i)-(iii).  It should be noted that EPA believes that the
reference in the previous sentence to section 19.30(c)(1)(i)-(iii) is a
typographical error and should instead reference to section
19.30(c)(1)(i)-(ii).  This typographical error has been reported to and
should be corrected by New Jersey.  The detailed information includes
(i) detailed facility and HEDD unit identification; (ii) progress on
achieving the schedule for permitting, installation and operation of a
control device or operation change; (iii) an explanation of any
obstacles encountered or are anticipated and how they will be overcome;
and (iv) an explanation of any revisions to the 2015 Plan.

		The new rule at N.J.A.C. 7:27-19.30 provides sufficient details for
owners/operators to develop plans for each of its HEDD units to meet
more stringent NOx emission rates at sections 19.4 and 19.5 starting on
May 1, 2015.  N.J.A.C. 7:27-19.30 will result in reductions in NOx
emissions each day, including high electric demand days, starting in May
2015, help New Jersey meet the 2008 8-hour ozone standard, and provides
clarity for owners/operators of affected

sources to comply with the requirements, is consistent with EPA’s
enforceability guidance document for clarity and, therefore, is
acceptable to EPA.

  Recommended Action:  Proposed Approval of N.J.A.C. 7:27-19.30

AMENDMENTS

		5.	N.J.A.C. 7:27-19.1: Definitions

		NJDEP added the following twenty-seven new terms or definitions to
N.J.A.C. 7:27-19.1: “asphalt pavement production plant,” “blown
glass,” “CFR,” “Class I renewable energy,” “Class

II renewable energy,” “clean distributed generation,” “demand
response,” “dual fuel,” “energy efficiency measure,”
“fiberglass,” “flat glass,” “glass removed,” “heavier than
No. 2 fuel oil,” “High electric demand day or HEDD,” “High
electric demand day unit or HEDD unit,”
“MWh,” “Non-high electric demand day unit or non-HEDD unit,”
“No. 2 and lighter fuel oil,” “on-specification used oil,”
“petroleum refinery,” pounds/MWh,” “pressed glass,”
“renewable energy,” “shed load,” “shift load,” “SSU
viscosity,” “used oil,” and “viscosity.”  NJDEP added these
new terms and definitions to address new rules, amended provisions or to
further clarify existing provisions.

	NJDEP revised the following four definitions to N.J.A.C. 7:27-19.1:
“Clean Air Act or CAA,” “electric generating unit or EGU,”
“interim period,” and “Volatile organic compound.”

The revisions are primarily word changes or clarifications to the
definitions.  The revised

definition of “Volatile organic compound” incorporates by reference
the definition of the term defined by EPA at 40 CFR 51.100(s).  It
should be noted that there is a typographical error in the definition of
“interim period” as it refers to section 19.22: “Phased compliance
– impracticability of full compliance by May 19, 2009.”  As
discussed in more detail in section III.C.26 of this TSD, EPA has
discussed this with New Jersey and the state has agreed to make the
necessary revision to section 19.1 in future amendments.  The required
revision is that the interim period is to be not more than one year from
the operative date, i.e. May 19, 2009, of Subchapter 19.

	NJDEP deleted the following term from N.J.A.C. 7:27-19.1: “former DER
credit user.” NJDEP deleted this term in response to EPA’s formal
comment to NJDEP during the public

comment period [see comment number 11 on p 1754 of 41 N.J.R. 1752, April
20, 2009] for the currently adopted Subchapter 19.

	NJDEP’s amendments to the definitions in N.J.A.C. 7:27-19.1 clarify
the terms in

Subchapter 19 and, therefore, EPA proposes to approve the amendments to
N.J.A.C. 7:27-19.1.

Recommended Action:  Proposed Approval of N.J.A.C. 7:27-19.1.

N.J.A.C. 7:27-19.2: Purpose, scope and applicability

	The amendments at N.J.A.C. 7:27-19.2(b) adds either clarifying wording
or expands the applicability to Subchapter 19.  There are no other
amendments to N.J.A.C. 7:27-19.2.

	N.J.A.C. 7:27-19.2(b)(5) amends and provides clarifying wording by
revising the term “any rotary dryer located at an asphalt plant” to
“any rotary dryer located at an asphalt pavement production plant.”

	 N.J.A.C. 7:27-19.2(b)(9) expands the applicability for glass
manufacturing furnaces at N.J.A.C. 7:27-19.2(b)(8) to include any glass
manufacturing furnace producing blown glass, fiberglass, flat glass, or
pressed glass having the potential to emit more than 10 tons of NOx per
year.

	N.J.A.C. 7:27-19.2(b)(10) expands the applicability of Subchapter 19 to
include any municipal solid waste incinerator.  The new rule at N.J.A.C.
7:27-19.12 regulates NOx emission limits from municipal solid waste
incinerators.

	N.J.A.C. 7:27-19.2(b)(11) expands the applicability of Subchapter 19 to
include any

sewage sludge incinerator.  The new rule at N.J.A.C. 7:27-19.28 requires
owners/operators of sewage sludge incinerators to meet NOx emission
limits.

	The following discussion, while not directly relevant to this SIP
revision, is being reiterated here for the record as a placeholder for
future rulemaking.

		Although NJDEP did not include any further amendments to N.J.A.C.
7:27-19.2, it should be noted that EPA submitted a formal comment to
NJDEP during the public comment period [see comment number 12 on p 1754
of 41 N.J.R. 1752, April 20, 2009] for the currently adopted Subchapter
19 concerning section 19.2(d) of Subchapter 19 that provides the
compliance requirements for emergency generators.  EPA’s formal
comment,

		submitted to NJDEP on October 3, 2008, is as follows: “The potential
to emit (PTE) requirements for emergency generators need to be included
in NJDEP’s permitting rules, Subchapters 8 and 22.  Those subchapters
should include the provisions that NJDEP deleted from the current SIP
approved Subchapter 19: (1) the 500 hour annual operational restriction,
or some other appropriate period that comports with EPA’s 1995
guidance and (2) the exemption for sources with PTE less than 25 tons
per day (TPD) NOx.  Also, for rule consistency purposes, EPA expects
that NJDEP will include an hourly emergency operation limit, not to
exceed 500 hours, in the future amendments to Subchapter 19.”

		EPA also made a similar comment in the final rule [72 Fed. Reg. 41626,
July 31, 2007] when Subchapter 19 was last approved by EPA as a SIP
revision.  In the July 31, 2007 final rule that approved Subchapter 19,
EPA said, in part, “Specifically, as noted in EPA’s proposed rule,
potential to emit (PTE) requirements for emergency generators should be

		included in the provisions of New Jersey’s permitting regulations
that identify which sources must obtain a permit, i.e., Subchapters 8
and 22.  For purposes of rule consistency, EPA believes it appropriate,
although not required, that New Jersey revise the current state-adopted
Subchapter 19 to include the emergency generator restrictions (e.g., 500
hour annual operating restriction, and (2) the 25 tons per year (tpy)
PTE source exemption).”

		In NJDEP’s response to EPA’s October 3, 2008 comment on emergency
generators, NJDEP makes three points.  First, NJDEP indicates that the
State’s proposed amendments to Subchapters 8, 19 and 22 did not
include revisions that would affect emergency generators and hence, the
comment by EPA is beyond the scope of this rulemaking.  While this
rulemaking does not concern emergency generators, during the comment
period EPA reiterated comments concerning emergency generators that were
provided to New Jersey during its July 31, 2007 Subchapter 19
rulemaking.  Since NJDEP did not make the revisions to Subchapters 8,
19, and 22 that EPA had requested, EPA repeated the comment to remind
NJDEP to make EPA’s recommended revisions, regarding the 500 hour PTE
requirement, to Subchapters 8 and 22 and, for purposes of rule
consistency, make the same revisions to Subchapter 19 that NJDEP deleted
from a previously SIP approved Subchapter 19.

		Second, NJDEP, as it did for the July 2007 SIP approved version of
Subchapter 19, responded to EPA’s comment that a 500 hour operating
limit for emergency generators may be too restrictive and the
calculation of PTE is based upon non-emergency use such as for testing
and maintenance.   In response, EPA repeats what it stated in the July
31, 2007 final rule approving Subchapter 19, i.e., for purposes of
calculating PTE for emergency generators, Subchapters 8 and 22 should be
revised to include 500 hours

		operating period.  In addition, EPA reminds NJDEP once again, that
EPA’s September 1995 guidance memo states, “500 hours is an
appropriate default assumption for

		estimating the number of hours that an emergency generator could be
expected to operate under worst-case conditions.  Alternative estimates
can be made on a case-by-case basis where justified by the source owner
or permitting authority (for example, if historical data or local power
outages indicate that a larger or smaller number would be
appropriate).”

		Third, NJDEP disagrees that an exemption to its emergency generator
requirements is appropriate for facilities that emit less than 25 tons
of NOx per year.  NJDEP is concerned

that an exemption for emergency generators could lead to high NOx
emissions if the units were used as peaking units on HEDD.  Such a
situation could lead to reduced air quality in the State.  The use of
emergency generators as peaking units on HEDD is a new concern expressed
by NJDEP and EPA agrees that such a use may result in reduced air
quality.

	NJDEP’s amendments to the purpose, scope and applicability
requirements in N.J.A.C.

7:27-19.2 clarify what additional source categories are applicable to
Subchapter 19 and, therefore, EPA proposes to approve the amendments to
N.J.A.C. 7:27-19.2.

Recommended Action:  Proposed Approval of N.J.A.C. 7:27-19.2

N.J.A.C. 7:27-19.3: General provisions

		There are no new amendments to N.J.A.C.  7:27-19.3(a), (b), (c), and
(d).

		N.J.A.C. 7:27-19.3(e) is amended to allow a 90-day non-renewable
extension of a deadline set forth at N.J.A.C. 7:27-19.13(b)(5) which
requires owners/operators of sources that were issued either a
facility-specific or an alternative emission limit prior to May 1, 2005
to submit a new request to NJDEP for a new facility-specific or
alternative emission limit by

August 17, 2009.  In addition, N.J.A.C. 7:27-19.3(e) is amended by
deleting an outdated requirement that, notwithstanding the request for
the extension, owners/operators certify that the facility complies with
applicable emission limits in Subchapter 19 by the May 31, 1995
deadline.

	NJDEP amended N.J.A.C. 7:27-19.3(f) to allow for alternative compliance
options for owners or operators of sewage sludge incinerator facilities
which are now regulated under N.J.A.C. 7:27-19.28.  In addition,
N.J.A.C. 7:27-19.3(f) allows for alternative compliance options for any
owner/operator of equipment or source operations listed in N.J.A.C.
7:27-19.2(b).  Therefore, since N.J.A.C. 7:27-19.2(b) was amended to
include municipal solid waste incinerators, now regulated under N.J.A.C.
7:27-19.12, and additional glass manufacturing

facilities, regulated under N.J.A.C. 7:27-19.10, these facilities are
also allowed to consider alternative compliance options under N.J.A.C.
7:27-19.3(f).  However, on and after May 1, 2015,

N.J.A.C. 7:27-19.3(f) excludes owners/operators of any HEDD unit in
using the alternative compliance options of subsection 19.3(f) to comply
with the NOx emission limits at subsections 19.4 or 19.5.

The alternative compliance options at subsection 19.3(f) include the
following:  (1) an averaging plan pursuant to N.J.A.C. 7:27-19.6 and
19.14; (2) an alternative maximum allowable

emission rate pursuant to N.J.A.C. 7:27-19.13; and (3) a phased
compliance plan for either repowering or innovative control technology
pursuant to N.J.A.C. 7:27-19.21 and 19.23, respectively.  For a full
discussion of the four compliance options at subsection 19.3(f), see
section III.C.2.of this TSD which discusses the options in the context
of sewage sludge incinerators.   As discussed in section III.C.2., New
Jersey did not revise the March 7, 2006 due date for sources to apply
for phased compliance plan options in sections 19.21 and 19.23 and
therefore, EPA concludes that New Jersey did not mean for these two
compliance options to be available to sources.

NJDEP deleted the provisions at N.J.A.C. 19.3(g) and (h) which are
provisions related to the State’s terminated Open Market Trading
(OMET) Program.  NJDEP deleted these provisions in response to EPA’s
formal comment to NJDEP during the public comment period [see comment
number 11 on p 1754 of 41 N.J.R. 1752, April 20, 2009] for the currently
adopted Subchapter 19.  These rule deletions are acceptable to EPA.

		The amendments to the general provisions requirements at N.J.A.C.
7:27-19.3 are consistent with EPA’s enforceability guidance document
for clarity and, therefore, are acceptable to EPA.

Recommended Action:  Proposed Approval of N.J.A.C. 7:27-19.3

N.J.A.C. 7:27-19.4: Boilers serving electric generating units

	NJDEP amended N.J.A.C. 7:27-19.4(a) to clarify the following:

(1) that owners/operators of boilers serving an electric generating unit
(EGU) must comply with the NOx emission rates in Tables 1, 2 and 3
unless the owner/operator is complying with subsection 19.3(f)
[alternative compliance options] or as specified in an enforceable
agreement with NJDEP;

(2) that applicable operative times for complying with NOx emission
limits for Tables 1, 2 and 3;

(3) that coal-fired EGUs may be eligible for a 1-year extension of the
December 15, 2012 Table 1 compliance date pursuant to subsection
19.4(f); and

(4) that an EGU is also subject to NJDEP’s state-of-the-art (SOTA)
requirements of Subchapters 8 and 22, lowest achievable emission rate
(LAER) requirements at Subchapter 18, and best available control
technology (BACT) requirements at 40 CFR

52.21, incorporated by reference into Subchapter 19, as applicable.

	 N.J.A.C. 7:27-19.4(a) includes the NOx emission rates and operative
times for EGUs in Tables 1, 2 and 3.  Table 1 is operative through
December 14, 2012 and includes NOx emission

rates expressed as pound NOx per million BTU (lb NOx/MM BTU).  The NOx
emission rate for a particular EGU depends upon the boiler type and the
fuel type combusted.  The NOx emission

rates at Table 1 are unchanged from the emission rates in the current
SIP approved Subchapter 19.

	The NOx emission rates in Table 2 are expressed as pounds per megawatt
hour (lb NOx/MWh) and are operative from December 15, 2012 through April
30, 2015.  For comparative purposes, the conversion of emission rates
from lb/MM BTU to lb/MWh is computed using the boiler heat rate
conversion factor of 10,000 BTU per kilowatt hour [see NJDEP response to
EPA comment number 39 on p 1760 of 41 N.J.R. 1752, April 20, 2009].  The
NOx emission rates in Table 2 for coal-fired boilers are reduced by
75%-85%, depending upon boiler type, compared to the emission rates in
Table 1 [equivalent to 6 to 10 lb NOx/MWh]. For “oil and/or gas” and
“gas only” fired boilers, the NOx emission rates in Table 2 are not
reduced.  The NOx emission rates in Table 3 are also expressed as lb
NOx/MWh and are operative on and after May 1, 2015.   The NOx emission
rates in Table 3 for coal-fired boilers are not lowered compared to the
emission rates in Table 2.  However, the NOx emission rates in Table 3
for boilers firing oil are reduced in the range of 28.6% to 76.7%,
depending upon the type of fuel oil fired and boiler type; and for
boilers firing “gas only” the NOx emission rates are reduced in the
range of 50% to 76.7% depending upon the boiler type.

	There are no new amendments to N.J.A.C.  7:27-19.4(b) and (c).

	NJDEP amended N.J.A.C. 7:27-19.4(d)(1) and (2) requiring
owners/operators of EGUs to demonstrate compliance with the new NOx
emission limits in Tables 2 and 3 as follows: (1) using the methods at
subsection 19.15(a), coal-fired boilers subject to the NOx emission
rates in Table 2

must demonstrate compliance by June 15, 2013 or, in case of an
alteration to the boiler or control apparatus, by the date determined by
subsection 19.15(c), whichever date is earlier, except if a 1-year
extension is granted pursuant to subsection 19.4(f); and for
owners/operators of EGUs that fire fuel other than coal and are subject
to the NOx emission rates in Table 3 must demonstrate compliance by
November 1, 2015 or, in case of an alteration to the boiler or control
apparatus, by

the date determined by subsection 19.15(c), whichever date is earlier.

	NJDEP amended N.J.A.C. 7:27-19.4(e) to allow owners/operators of
coal-fired EGUs to be exempt from including NOx emission rates during
periods of startup and shutdown for purposes of calculating the 24-hour
NOx emission rate.  As explained in NJDEP’s response to comment [see
41 N.J.R. 1752; 1758, number 26, April 20, 2009], this exclusion is
granted based upon a 2002 Administrative Consent Decree (ACD) between
NJDEP and PSE&G because SCR controls are not fully effective until the
SCR reaches operating design temperatures which occurs during normal
boiler operating load instead of during startup and shutdown situations.
 EPA agrees with NJDEP that low temperature operations during periods of
startup and

shutdown do not allow SCR technology to effectively control NOx
emissions  When calculating a 24-hour NOx emission rate for a coal
boiler, section 19.4 allows owners/operators to exclude emissions during
startup and shutdown under the following restricted conditions: (1)
during startup, for a period not to exceed 8 hours, when the unit is not
combusting fossil fuel (coal), from initial combustion until the unit
combusts coal and is synchronized with a utility electric distribution
system; and (2) during shutdown, when the unit is no longer combusting
coal and no longer synchronized with a utility electric distribution
system.  New Jersey provided for this exemption because of the following
technological limitations: selective catalytic reduction (SCR) and
selective non-catalytic reduction (SNCR) control technologies do not
control NOx emissions effectively at lower than optimum temperatures
which can occur during startup and shutdown periods.  EPA is in
agreement with New Jersey’s exemption because it is consistent with
the primary aspects of EPA’s guidance for SIPs containing startup and
shutdown provisions.  New Jersey’s startup and shutdown provision at
section 19.4 meets the primary aspects of EPA’s guidance for the
following reasons: (1) the impact on ambient air quality is minimized by
New Jersey’s narrowly defined startup and shutdown requirements; (2)
the exemption only applies

during startup and shutdown periods when coal is not combusted; (3) the
NOx control devices have technological limitations during startup and
shutdown periods; and (4) New Jersey requires compliance with oil/gas
NOx emission limits during this startup/shutdown period.

	NJDEP amended N.J.A.C. 7:27-19.4(f) to allow a 1-year extension to
owners/operators of coal-fired EGUs required to meet the Table 2
compliance deadline of December 15, 2012 and the June 15, 2013
compliance demonstration deadline.  NJDEP provides details of the
administrative and procedural requirements needed by owners/operators to
apply for the 1-year extension and the

conditions under which NJDEP will approve an application.

	NJDEP amended N.J.A.C. 7:27-19.4(g) to require owners/operators of HEDD
units to

submit the 2009 Protocol and annual reports pursuant to subsection
19.29.

	NJDEP amended N.J.A.C. 7:27-19.4(h) to require owners/operators of HEDD
units to submit the 2015 HEDD Emission Limit Achievement Plan and annual
progress updates, as applicable, pursuant to subsection 19.30.

	The amendments at N.J.A.C. 7:27-19.4 will result in additional
reductions in NOx emissions, however will not help New Jersey meet the
attainment date for the 1997 8-hour ozone standard but will help New
Jersey meet the 2008 8-hour ozone standard, provides clarity for
owners/operators of affected sources in meeting the requirements for
achieving compliance, and is consistent with EPA’s enforceability
guidance document for clarity and, therefore, is acceptable

to EPA.

Recommended Action:  Proposed Approval of N.J.A.C. 7:27-19.4

N.J.A.C. 7:27-19.5: Stationary combustion turbines

	The amendments to N.J.A.C. 7:27-19.5(a)(1)-(3), for any simple cycle
turbine, clarify that the NOx emission limits in Table 4 are applicable,
unless the source is complying with the N.J.A.C. 7:27-19.3(f) compliance
alternatives.  The Table 4 emission rates, expressed as lb/MM BTU, are
unchanged from the previous SIP approved version of Subchapter 19 (72
Fed. Reg. 41525, July 31, 2007) and are applicable as follows:

(1) until March 6, 2007, any simple cycle turbine with a maximum gross
heat input rate of at least 30 MM BTU/hr;

(2) March 7, 2007 through May 19, 2009 [operative date of Subchapter
19], Table 4 is applicable only to a simple cycle turbine with a maximum
gross heat input rate of at least

25 MM BTU/hr that is a NOx Budget source, i.e., sources regulated under
Subchapter 30, NJDEP’s CAIR NOx Trading Program; and

(3) from May 20, 2009 through April 30, 2015, any simple cycle turbine
that is an HEDD unit, NOx emission rates shall be no greater than the
lesser of the emission rates in Table 4 or the maximum allowable NOx
emission rate contained in its preconstruction or operating permit.

	The amendments to N.J.A.C. 7:27-19.5(b)(1)-(3), for any combined cycle
turbine or regenerative cycle turbine, clarify that the NOx emission
limits in Table 5 are applicable, unless the source is complying with
the N.J.A.C. 7:27-19.3(f) compliance alternatives.  The Table 5 emission
rates, expressed as lb/MM BTU, are unchanged from the previous SIP
approved version of Subchapter 19 and are applicable as follows:

(1) until March 6, 2007, Table 5 is applicable only to a combined cycle
turbine or regenerative cycle turbine with a maximum gross heat input
rate of at least 30 MM BTU/hr;

(2) March 7, 2007 through May 19, 2009, Table 5 is applicable only to a
combined cycle turbine or regenerative cycle turbine with a maximum
gross heat input rate of at least 25 MM BTU/hr that is a NOx Budget
source, i.e., sources regulated under Subchapter 30, NJDEP’s CAIR NOx
Trading Program; and

(3) from May 20, 2009 through April 30, 2015, any combined cycle turbine
or regenerative cycle turbine that is an HEDD unit, NOx emission rates
shall be no greater than the lesser the emission rates in Table 5 or the
maximum allowable NOx emission rate contained in its preconstruction or
operating permit.

	There are no new amendments to N.J.A.C.  7:27-19.5(c).

	The amendments to N.J.A.C. 7:27-19.5(d)(1)-(2), for any stationary
combustion turbine (combined cycle, regenerative cycle or simple cycle),
clarify that the NOx emission limits in Table 6 are applicable.  The
Table 6 emission rates, expressed as lb NOx/MWh, are unchanged from the
previous SIP approved version of Subchapter 19 and are applicable as
follows:

(1) March 7, 2007 through May 19, 2009, Table 6 is applicable to a
stationary combustion turbine with a maximum gross heat input rate of at
least 25 MM BTU/hr that is not a NOx Budget source, unless the source is
complying with either the N.J.A.C. 7:27-19.3(f) compliance alternatives
or the N.J.A.C. 7:27-19.5(c)(1)-(5) exemption; and

(2) May 20, 2009 and thereafter, Table 6 is applicable to any combustion
turbine that is a non-HEDD unit.

	As stated in section III.C.2 [sewage sludge incinerators], the
references above at N.J.A.C. 7:27-19.5(a), (b) and (d) to the compliance
alternatives at N.J.A.C. 7:27-19.3(f) for the phased compliance plan
options in sections 19.21 and 19.23 would allow sources to comply with
the NOx

RACT requirements by November 7, 2009.  Since New Jersey did not revise
the March 7, 2006 due date for sources to apply for phased compliance
plan options in sections 19.21 and 19.23, EPA concludes that New Jersey
did not mean for these two compliance options to be available to
owners/operators of affected sources.

	There are no new amendments to N.J.A.C.  7:27-19.5(e).

	The amendment to N.J.A.C. 7:27-19.5(f) is grammatical in nature
(pounds/MWh replaces lbs/MWh) and is considered a minor administrative
change and therefore provides additional clarity to this provision and
is acceptable to EPA.

	The amendments to N.J.A.C. 7:27-19.5(g), for a stationary combustion
turbine that is a HEDD unit or a stationary combustion turbine that is
capable of generating 15 MW or more and

that commenced operation on or after May 1, 2005, clarify that the NOx
emission limits in Table 7 are applicable.  The Table 7 emission rates,
expressed as lb NOx/MWh, are more stringent than

the Table 6 emission limits and are applicable as follows:

(1) On and after May 1, 2015, the Table 7 emission limits are applicable
to

owners/operators of the indicated source category; and

(2) for such applicable units that are permitted to combust either
liquid fuel oil or gaseous fuel, NOx emissions are not to exceed the
Table 7 emission rate for gaseous fuels during operation on HEDDs,
regardless of the fuel combusted, unless combusting gaseous fuel is not
possible due to gas curtailment.

	The amendments to N.J.A.C. 7:27-19.5(g) and Table 7 are acceptable to
EPA because additional reductions in NOx emissions from stationary
combustion turbines will be achieved by the more stringent NOx emission
rates for HEDD units and stationary combustion turbines that operate
capable of generating 15 MW or more and that commenced operation on or
after May 1, 2005.

To clarify the applicability schedule of Tables 4 through 7 at N.J.A.C.
7:27-19.5, EPA has prepared the following summary table.

N.J.A.C.

7:27-19.5	Through March 6, 2007	March 7, 2007 through May 19, 2009	May
20, 2009 through April 30, 2015	On and after

ines (≥30 MM BTU/hr)	NOx Budget Source Simple Cycle Turbines (≥25 MM
BTU/hr)	HEDD Unit Simple Cycle Turbines	N/A

Table 5	All Combined Cycle or Regenerative Cycle Turbines (≥30 MM
BTU/hr)	NOx Budget Source Combined Cycle or Regenerative Cycle Turbines
(≥25 MM BTU/hr)	HEDD Unit Combined Cycle or Regenerative Cycle
Turbines	N/A

Table 6	N/A	All Non-Budget Source Combustion Turbines (≥25 MM BTU/hr)
All Non-HEDD Unit Combustion Turbines	All Non-HEDD Unit Combustion
Turbines

Table 7	N/A	N/A	N/A	All HEDD Unit Combustion Turbines or a Combustion
Turbine capable of generating ≥ 15 MW and commenced operation ≥ May
1, 2005

	The new provision at N.J.A.C. 7:27-19.5(h) clarifies that any
combustion turbine that is constructed, installed, reconstructed or
modified is also subject to state-of-the-art requirements at N.J.A.C.
7:27-8.12 and 22.35, lowest achievable emission rate (LAER) requirements
at 7:27-18 , and best available control technology (BACT) requirements
at 40 CFR 52.21, incorporated

by reference into Subchapter 19, as applicable.  This new provision
repeats existing regulatory

requirements for owners/operators of new and modified sources and
therefore is acceptable to EPA.

	The new provision at N.J.A.C. 7:27-19.5(i) provides clarification to
owners/operators concerning the date for demonstrating compliance for
non-HEDD turbines required to meet the NOx emission rates in Table 6 and
for HEDD turbines required to meet NOx emission rates in Table 7.  This
new provision provides clarity to owner/operators as to when
demonstration of compliance is required and therefore is acceptable to
EPA.

	The new provisions at N.J.A.C. 7:27-19.5(j) repeats the requirement at
N.J.A.C. 7:27-19.29 that applicable owners/operators of HEDD units are
to submit to NJDEP the 2009 Protocol and annual reports.

	The new provisions at N.J.A.C. 7:27-19.5(k) repeats the requirement at
N.J.A.C. 7:27-

19.30 that applicable owners/operators of HEDD units are to submit to
NJDEP the 2015 Plan and annual reports.

	The amendments at N.J.A.C. 7:27-19.5 will result in additional
reductions in NOx emissions, provides clarity for owners/operators of
affected sources in meeting the requirements for achieving compliance,
and is consistent with EPA’s enforceability guidance document for
clarity and, therefore, is acceptable to EPA.  The amendments at
N.J.A.C. 7:27-19.5 will help the State meet the 1997 and 2008 8-hour
ozone standards and, therefore, are acceptable to EPA.

Recommended Action:  Proposed Approval of N.J.A.C. 7:27-19.5.

N.J.A.C. 7:27-19.6: Emissions averaging

	The only amendment to N.J.A.C. 7:27-19.6 is to section 19.6(j).  In
response to a public comment (see response to comment number 53 on p
1764 of 41 N.J.R. 1752, April 20, 2009) NJDEP clarified that a Generator
Forced/Unplanned Outage, as defined by PJM Interconnection LLC, is a
reasonably unforeseeable circumstance.

		The amendment at N.J.A.C. 7:27-19.6 provides clarity for
owners/operators of affected sources in meeting the requirements for
determining averaging of NOx emissions, and is consistent with EPA’s
enforceability guidance document for clarity and, therefore, is
acceptable to EPA.

Recommended Action:  Proposed Approval of N.J.A.C. 7:27-19.6.

N.J.A.C. 7:27-19.7: Industrial/commercial/institutional boilers and
other indirect heat exchangers

	The primary amendments to N.J.A.C. 7:27-19.7 for
industrial/commercial/institutional (ICI) boilers and other indirect
heat exchangers (IHEs) are summarized as follows: (1) the NOx emission
limits are lowered from the current SIP approved limits, depending upon
the fuel type, as summarized in Table 9; (2) the applicability threshold
for sources affected by the new emission

limits at Table 9 is lowered from 50 MM BTU/hr (maximum gross heat input
rate) to sources having a heat input rate of 25 MM BTU/hr; (3) the new
limits at Table 9 are effective on May 1, 2011 for sources that comply
by not physically modifying the unit and one year later for sources
requiring physical modifications; and (4) the new emission limits are
not applicable to owners/operators of ICIs and IHEs located at petroleum
refineries – these sources continue to be regulated under the Table 8
emission limits.

	In NJDEP’s proposal to amend Subchapter 19 (see 40 N.J.R. 4390,
4399-4400

August 4, 2008), the State estimates that an additional 200 units will
be subject to maximum allowable NOx emission rates and that the
amendments to section 19.7 will result in emission reductions of
approximately 1.7 to 2.9 tons NOx per ozone season day.

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The owners/operators of applicable sources (≥ 20<50 MM BTU/hr) now
need to annually adjust the combustion process in accordance with
N.J.A.C. 7:27-19.7(g) instead of  complying with either (i) annual
adjustment of the combustion process or (ii) meet a specific now
obsolete presumptive emission rate in section 19.7(b);

(2) the previous Table 5 and 6 presumptive NOx emission rates at
sections 19.7(b) and (c) are now included in new Table 8.  Sections
19.7(b) and (c) are now reserved;

	(3) a grammatical revision is made to section 19.7(d);

(4) section 19.7(e) was applicable until March 7, 2007 and this
subsection is now reserved. The owners/operators of applicable sources
(≥ 50<250 MM BTU/hr) now need to comply with a new presumptive
emission rate and annually adjust the combustion process in accordance
with section 19.7(g) instead of complying with a now obsolete
presumptive emission rate and complying with either (i) annual
adjustment of the combustion process or (ii) establish compliance by
using CEMS pursuant to meeting a now obsolete presumptive emission rate
in section 19.7(b);

(5) section 19.7(f) allows complying with the N.J.A.C. 7:27-19.3(f)
compliance alternatives instead of specific presumptive emission rates
– this section is now reserved but the section 19.3(f) compliance
alternatives are now included as an alternative to the presumptive
emission rates at 19.7(h) and (i).   For a further discussion concerning
section 19.3(f), see section III.C.2 of this TSD that discusses the
options in the context of sewage sludge incinerators.

		The amendments at N.J.A.C. 7:27-19.7(a)-(f) provide clarity for
owners/operators of affected sources in meeting compliance and is
consistent with EPA’s enforceability guidance document for clarity
and, therefore, is acceptable to EPA.

		There are no new amendments to N.J.A.C. 7:27-19.7(g).

		The amendments to N.J.A.C. 7:27-19.7(h) clarify the final dates when
owners/operators of affected ICI boilers or IHE must remain in
compliance with the NOx emission rates summarized in Table 8.  The
maximum allowable NOx emission rates in Table 8 became effective on and
after March 7, 2007, are unchanged from the NOx emission rates in the
current SIP approved Subchapter 19, and are applicable to sources
located at a major NOx facility.  Owners/operators of affected sources
must be in compliance with the NOx emission rates in Table 8 unless the
owner/operator is complying with the N.J.A.C. 7:27-19.3(f) compliance
alternatives.  The

required final compliance dates are summarized as follows:

(1) for sources not located at a petroleum refinery, owners/operators of
affected sources must meet the applicable NOx emission rates in Table 8
as follows: (i) through April 30, 2010 if compliance is achieved without
physically modifying the boiler or IHE and (ii) through April 30, 2011
if compliance is achieved by physically modifying the boiler or IHE; and

(2) for sources located at a petroleum refinery, the aforementioned
final compliance dates do not apply.  Owners/operators of boilers and
IHE were to be in compliance with the Table 8 NOx emission rates by the
March 7, 2007 effective date, and thereafter.

		N.J.A.C. 7:27-19.7(i) is a new provision that requires
owners/operators of ICI boilers and IHEs with a maximum gross heat input
rate of at least 25 MM BTU/hr, whether or not it is located at a major
NOx facility, to meet the NOx emission rates in the new Table 9.  The
new NOx emission rates do not apply to owners/operators of ICI boilers
and IHEs located at a petroleum refinery which will continue to be
regulated at N.J.A.C. 7:27-19.7(h) at Table 8.  Owners/operators of the
applicable sources shall be in compliance with the applicable NOx
emission rates in Table 9, unless the owner/operator is complying with
the N.J.A.C. 7:27-19.3(f) compliance alternatives, in accordance with
the following schedule:

(1) for the applicable sources with a maximum gross heat input rate of
≥ 25<50 MM BTU/hr: (i) on and after May 1, 2011, if compliance is
achieved without physically modifying the boiler or IHE and (ii) on and
after May 1, 2012, if compliance is achieved by physically modifying the
boiler or IHE; and

(2) for the applicable sources with a maximum gross heat input rate of
≥50 MM BTU/hr: (i) on and after May 1, 2010, if compliance is achieved
without physically modifying the boiler or IHE and (ii) on and after May
1, 2011, if compliance is achieved by physically modifying the boiler or
IHE.

 approved Subchapter 19.  In addition, new fuel type categories have
been added to Table 9 as follows: (1) for the applicable sources with a
maximum gross heat input rate of ≥ 25<100 MM BTU/hr, “dual fuel
using fuel oil and/or natural gas” and (2) for the applicable sources
with a maximum gross heat input rate of ≥100 MM BTU/hr, (i) “No. 2
fuel oil” and “other liquid fuels.” Although the current SIP
approved version of Subchapter 19 includes NOx emission rates for
“coal-fired” type boilers, NJDEP has deleted these emission rates in
Table 9.  The latter NOx emission rates have been deleted from Table 9
because there are no longer any coal-fired ICI boilers in New Jersey
(see NJDEP’s proposal to amend Subchapter 19 (pp 4399-4400 @40 N.J.R.
4390, August 4, 2008)).  Therefore, removal of coal fired boiler
emission limits from the current SIP is acceptable to EPA.  In the same
previously mentioned reference, NJDEP has indicated that in the
establishment of new emission rates at Table 9, NJDEP reviewed (i) stack
test data from ICI boilers within the State and (ii) the technical
analysis/recommendations as summarized in the OTC’s report entitled
“Identification and Evaluation of Candidate Measures – Final
Technical Support Document,” February 28, 2007.  NJDEP’s NOx
emission rates in Table 9 for ICI boilers are either the same or more
stringent than the OTC’s recommended emission rates (the OTC report
does not provide recommended emission rates for the following category
of fuels: “other gaseous fuels” and “dual fuel using fuel oil
and/or natural gas.”)

	As stated in section III.C.2 [sewage sludge incinerators], the
references above at N.J.A.C. 7:27-19.7(h) and (i) to the compliance
alternatives at N.J.A.C. 7:27-19.3(f) for the phased

compliance plan options in sections 19.21 and 19.23 would allow sources
to comply with the NOx

RACT requirements by November 7, 2009.  Since New Jersey did not revise
the March 7, 2006 due date for sources to apply for phased compliance
plan options in sections 19.21 and 19.23, EPA concludes that New Jersey
did not mean for these two compliance options to be available to
owners/operators of affected sources.

	The amendments to N.J.A.C. 7:27-19.7 are acceptable to EPA for the
reasons stated above.  Additional reductions in NOx emissions from ICI
boilers and IHE will be achieved by

≥ 25<50 MM BTU/hr) to start implementing control measures to reduce
NOx emissions.  Furthermore, the new NOx emission limits are either the
same or more stringent than the limits EPA approved into the current SIP
(72 Fed. Reg. 41626, July 31, 2007), and are either more stringent than
or identical to the OTC’s recommendations for additional NOx control
measures for ICI boilers.  In addition, the amendments to N.J.A.C.
7:27-19.7 are consistent with NJDEP’s commitment to EPA to further
reduce NOx emissions.  The amendments at N.J.A.C. 7:27-19.7 will help
the State meet the 1997 and 2008 8-hour ozone standards and, therefore,
is acceptable to EPA.

Recommended Action:  Proposed Approval of N.J.A.C. 7:27-19.7

		12. 	N.J.A.C. 7:27-19.8: Stationary reciprocating engines

	 The only amendments to N.J.A.C. 7:27-19.8 are in section 19.8(e)
whereby a Table number is revised and a website reference is corrected.
These revisions are administrative in nature and therefore acceptable to
EPA.

Recommended Action:  Proposed Approval of N.J.A.C. 7:27-19.8.

	13.  N.J.A.C. 7:27-19.9: Asphalt pavement production plants

	The primary amendments to N.J.A.C. 7:27-19.9 are summarized as follows:
(1) the NOx emission concentration limits are now more stringent such
that an additional 37% to 62%

reductions in NOx emissions are expected depending upon the type of fuel
combusted in the dryer; and (2) requirements are included to perform
best management practices and to keep records.  In NJDEP’s proposal to
amend Subchapter 19 (see pp 4393 @40 N.J.R. 4390, August 4,

2008), the State estimates that the amendments to section 19.9 will
result in NOx emission reductions of up to 0.21 TPD during the 2009
ozone season, up to 0.42 TPD during the 2010

ozone season, and up to 0.64 TPD during the 2011 ozone season.

	Throughout the amendments to section 19.9, NJDEP now refers to sources
as “asphalt pavement production plants” instead of “asphalt
plants” or “batch type or drum mix asphalt plants.”  In NJDEP’s
preamble section of the proposal to Subchapter 19, NJDEP’s analysis of
actual stack test data indicated no emission difference between drum or
batch dryer type, but did indicate differences based upon fuel type and
hence, NJDEP set new emission limits based on fuel type rather than
dryer type.  Hence, NJDEP deleted from section 19.9 references to
“batch type or drum mix asphalt plants.”

	The amendments to N.J.A.C. 7:27-19.9(a) revises the NOx emission limit
from 200 ppmvd at 7.0 % oxygen to more stringent emission limits
depending upon fuel type.  The new NOx emission limits expressed as
ppmvd at 7.0 % oxygen are as follows: (1) 75 ppmvd for natural gas; (2)
100 ppmvd for No. 2 fuel oil; and (3) 125 ppmvd for No. 4 fuel oil,
heavier fuel oil or on-specification used oil or any mixture of the
three oils.

	There are no substantive amendments to N.J.A.C. 7:27-19.9(b).

	As with the current SIP approved version of Subchapter 19, N.J.A.C.
7:27-19.9(c)

allows owners/operators of applicable sources to comply with the
compliance alternatives at N.J.A.C. 7:27-19.3(f) instead of the new
presumptive emission concentration limits.  For a further discussion
concerning section 19.3(f), see section III.C.2 of this TSD that refers
to sewage sludge incinerators.

	N.J.A.C. 7:27-19.9(d) is a new provision requiring owners/operators to
perform best management practices as follows: (1) reduce aggregate
moisture content; (2) conduct monthly

inspections of the flights in the dryer and the need for replacement;
and (3) annually inspect the

air system and repair air system leaks to minimize excess air.

	N.J.A.C. 7:27-19.9(e) is a new provision requiring owners/operators to
record and maintain onsite logs of the implementation of best management
practices detailed in section 19.9(d).

oss heat input rate of ≥ 100 MM BTU/hr, comply by May 1, 2010, if
compliance is achieved without physically modifying the dryer.  For each
size dryer, an extra year is allowed if compliance is achieved by
physically modifying the boiler.

	The amendments at N.J.A.C. 7:27-19.9 will result in additional
reductions in NOx emissions (the new NOx emission limits are more
stringent than the current SIP approved emission limits), provides
clarity for owners/operators of affected sources in meeting the
requirements for achieving compliance, and is consistent with EPA’s

enforceability guidance document for clarity and, therefore, is
acceptable to EPA.  The

amendments at N.J.A.C. 7:27-19.9 will result in additional reductions in
NOx emissions and

therefore will help the State to achieve the 1997 and 2008 ozone
standards.

Recommended Action:  Proposed Approval of N.J.A.C. 7:27-19.9.

14.  N.J.A.C. 7:27-19.10: glass manufacturing furnaces

		The primary amendments to N.J.A.C. 7:27-19.10 are summarized as
follows: (1) the NOx emission rates are now more stringent for
commercial container glass, specialty container glass and borosilicate
recipe glass manufacturing furnaces; and (2) NOx emission limits have
been established for pressed glass, blown glass, fiberglass and flat
glass manufacturing furnaces.  The current SIP approved Subchapter 19
establishes NOx emission limits for glass manufacturing furnaces
producing commercial container glass, specialty container glass and
borosilicate recipe glass, each of which, according to NJDEP (see
NJDEP’s proposal to amend Subchapter 19 (see pp 4395-6 @40 N.J.R.
4390, August 4, 2008)), is a category of container glass.  In addition,
as stated in the preamble to NJDEP’s proposal, the State indicates
that it was proposing (now adopted) a NOx emission limit for fiberglass
manufacturing furnaces, in the event that the State’s only such plant
converts from electric furnaces (already in compliance with the new
limit) to fossil fuel-fired furnaces.  The new limit for fiberglass
manufacturing furnaces is 4.0 lbs NOx/ton glass removed.

	The amendments to N.J.A.C. 7:27-19.10(a) and (b) revise the NOx
emission limit for

commercial container glass, specialty container glass and borosilicate
recipe glass manufacturing furnaces from 5.5 lbs NOx/ton glass removed,
11 lbs NOx/ton glass removed, and 30% reduction from 1994 baseline
respectively to a presumptive emissions limit of 4.0 lbs NOx/ton glass
removed for each type furnace.  Section 19.10(a) also establishes a NOx
emission limit of 4.0 lbs NOx/ton glass removed for pressed glass, blown
glass, and fiberglass manufacturing furnaces.

	The amendment to N.J.A.C. 7:27-19.10(b) requires owners/operators of
flat glass

manufacturing furnaces to limit NOx emissions from the furnace to 9.2
lbs NOx/ton of glass removed.  In NJDEP’s proposal to amend Subchapter
19 (see p 4396 @40 N.J.R. 4390, August 4,

2008),  the State explains that this new limit is established for this
new source category in the event that such a furnace is constructed in
the future.

	N.J.A.C. 7:27-19.10(c) is now reserved for any future amendments.

	The amendments to N.J.A.C. 7:27-19.10(d) require owners/operators of
glass

manufacturing furnaces to comply with the applicable NOx emission limits
in sections 19.10(a) and (b) beginning on and after May 1, 2010 on the
first day of startup after which rebricking of  the furnace is
completed.  The current SIP approved Subchapter 19 requires
owners/operators to comply with either the same currently adopted
rebricking approach or by a set date, whichever is sooner.  In the
preamble to NJDEP’s proposed rule to amend Subchapter 19, the State
indicated that it was attempting to make compliance with the new rule
economically feasible by requiring compliance at the time of rebricking,
among other requirements.  EPA agrees with NJDEP that it is more
economically feasible to allow sources to comply at the time when
rebricking becomes necessary rather than to require the source to
rebrick earlier than necessary.  Since economic feasibility is a RACT
requirement, NJDEP’s revised compliance approach is acceptable to EPA.

	There are no new amendments to N.J.A.C. 7:27-19.10(e).

	The current SIP approved version of  N.J.A.C. 7:27-19.10(f) allows
owners/operators of applicable glass manufacturing furnaces to comply
with the N.J.A.C. 7:27-19.3(f) compliance alternatives instead of  the
presumptive NOx emission limits.  The amendments to N.J.A.C.
7:27-19.10(f) deletes the compliance alternative that allows phased
compliance for the furnace pursuant to N.J.A.C. 7:27-19.21, 19.22 or
19.23.  As stated above in III.C.2. [sewage sludge

incinerators] of this TSD, phased compliance under sections 19.21 and 23
should not be an alternative compliance option.  In addition, the phased
compliance option under section 19.22 is not applicable to
owners/operators of glass manufacturing furnaces since NJDEP amended
section 19.22 to be applicable only to HEDD sources pursuant to section
19.29.  For these reasons, the amended section 19.10(f) is acceptable to
EPA.

	The amendments at N.J.A.C. 7:27-19.10 will result in additional
reductions in NOx emissions (the new NOx emission limits are more
stringent than the current SIP approved

emission limits), provides clarity for owners/operators of affected
sources in meeting the requirements for achieving compliance, and is
consistent with EPA’s enforceability guidance document for clarity
and, therefore, is acceptable to EPA.  The amendments at N.J.A.C.
7:27-19.10 will result in additional reductions in NOx emissions and
therefore will help the State to achieve the 1997 and 2008 ozone
standards.

Recommended Action:  Proposed Approval of N.J.A.C. 7:27-19.10.

   15.  N.J.A.C. 7:27-19.11: Emergency generators – recordkeeping

	   N.J.A.C. 7:27-19.11 has not been amended.

Recommended Action:  Proposed Approval of N.J.A.C. 7:27-19.11.

	16.  N.J.A.C. 7:27-19.12: Municipal solid waste (MSW) incinerators

	This section is a new rule and is discussed in section III.C.1. of this
TSD

17.  N.J.A.C. 7:27-19.13: Alternative and facility-specific NOx emission
limits

		The primary amendments to N.J.A.C. 7:27-19.13 are summarized as
follows:

		(1) NJDEP defines a facility-specific NOx emission limit (FSEL) to
include a maximum allowable emission rate, maximum allowable emission
concentration, or other NOx regulatory parameter [see N.J.A.C.
7:27-19.13(a)(1)];

		(2) NJDEP defines an alternative emission limit (AEL) to include an
alternative maximum allowable emission rate, alternative maximum
allowable emission concentration, or other regulatory parameter [see
N.J.A.C. 7:27-19.13(a)(2)];

		(3) NJDEP requires owners/operators of each facility with an FSEL or
AEL that was issued before May 1, 2005 to submit a new request for an
FSEL or AEL [see N.J.A.C. 7:27-19.13(a)(3)] by August 17, 2009 unless a
90-day extension is requested pursuant to section 19.3(e) [see N.J.A.C.
7:27-19.13(b)(5)];

		(4) the existing FSEL or AEL will terminate on August 17, 2009 unless
a new request for an FSEL or AEL is received by NJDEP by August 17, 2009
[see N.J.A.C. 7:27-19.13(b)(5)(iii)];

		(5) any FSEL approved by NJDEP after May 19, 2009 [Subchapter 19
operative date] shall not have an expiration date, except in accordance
with subsections 19.13(b)(6) or 19.13(j) which relates to a
modification, alteration or reconstruction of the source which may, if

applicable, require NJDEP approval of a new FSEL and permit or
certificate [see N.J.A.C. 7:27-19.13(b)(1)];

		(6) any AEL approved by NJDEP after May 19, 2009 shall have a term
limit of 10 years, unless the source with the AEL is modified, altered,
or reconstructed during the term of the plan, in which case subsections
19.13(b)(6) or 19.13(k), if applicable, require NJDEP approval of a new
AEL and permit or certificate [see N.J.A.C. 7:27-19.13(b)(2)]; and

		(7) amendments to the remainder of section 19.13, i.e., sections
19.3(c)-(p), provide corrections, clarifications or no changes at all.

		It should be noted that EPA has received copies of thirty-four
letters, dated June 25, 2009,

mailed by NJDEP to owners/operators of affected facilities reminding
them that they may be

subject to more stringent emission limits, including an FSEL or AEL,
pursuant to N.J.A.C. 7:27-19.13 or N.J.A.C. 7:27-16.17 [VOC RACT], and
if so, to submit the revised application by August 16, 2009.

 	The amendments to N.J.A.C. 7:27-19.13 provide clarity for
owners/operators of

affected sources to submit and comply with NOx control plans for an FSEL
or requests for an alternative maximum allowable emission limit and are
consistent with EPA’s enforceability guidance document for clarity.
All FSELs and AELs are still required by N.J.A.C. 7:27-19.13(h)

to be submitted to EPA as a SIP revision.  If EPA denies the approval of
the proposed NOx plan as a revision to the SIP, section 19.13(l)
provides that New Jersey will revoke its approval of the plan.  The
amendments at N.J.A.C. 7:27-19.13 may result in additional reductions in
NOx emissions and therefore may help the State to achieve the 1997 and
2008 ozone standards.  Therefore, the amendments to N.J.A.C. 7:27-19.13
are acceptable to EPA.

	For further discussion concerning the approvability of the NOx and VOC
RACT provisions at sections 19.13 and 16.17, respectively, as related to
EPA guidance for generic RACT rules, see section III.J. of this TSD.

Recommended Action:  Proposed Approval of N.J.A.C. 7:27-19.13.

18.  N.J.A.C. 7:27-19.14: Procedures for obtaining approvals under this
subchapter

There are no new amendments to N.J.A.C. 7:27-19.14.

Recommended Action:  Proposed Approval of N.J.A.C. 7:27-19.14.

19.   N.J.A.C. 7:27-19.15: Procedures and deadlines for demonstrating
compliance

		The primary amendments to N.J.A.C. 7:27-19.15 describe, at sections
19.15(d) and (e), when and how owners/operators of asphalt pavement
production plants and glass manufacturing furnaces, respectively, must
demonstrate compliance with Subchapter 19.  The amendments to N.J.A.C.
7:27-19.15(a), (b), (c) and (f) provide minor clarifications.

		The amendments at N.J.A.C. 7:27-19.15(d) require owners/operators of
asphalt pavement production plants to demonstrate compliance with
Subchapter 19, particularly the NOx emission limit at N.J.A.C.
7:27-19.9(a), in accordance with subsection 19.15(a)(2) [stack tests],
within 365 days from the date at sections 19.9(f)1 or 2 and thereafter
at the frequency set forth in the permit for such equipment or source
operation.  In a response to a comment when Subchapter 19 was

proposed [see cmt # 20 on p 1756 @ 41 N.J.R. 1752, April 20, 2009],
NJDEP provided 365 days from the compliance due dates for demonstrating
compliance instead of the proposed 180 days.  NJDEP allowed the
additional time “because the asphalt industry currently does not have

extensive experience with NOx emissions control technology and there is
some uncertainty based on currently available information about the
relationship between NOx and products of

incomplete combustion, including HAP [Hazardous Air Pollutant]
emissions.”

		The amendments at N.J.A.C. 7:27-19.15(e) require owners/operators of a
glass manufacturing plant to demonstrate compliance by meeting the NOx
emission limit at N.J.A.C. 7:27-19.10(a), (b) or (f)(2) [an AEL], as
applicable, as follows: (1) within 180 days after the first date after
May 19, 2009 [operative date of Subchapter 19] on which rebricking of
the furnace is completed, and thereafter in accordance with the permit
and in accordance with the following for determining the NOx rate limit
expressed as lb NOx/ton of glass removed from the furnace,

whichever is applicable: (2) see subsection 19.15(e)(2) [if CEMS is not
installed - stack tests to be used]; (3) see subsection  19.15(e)(3) [if
CEMS is installed].

		The amendments to N.J.A.C. 7:27-19.15 provide clarity for
owners/operators of affected sources at asphalt pavement production
plants and glass manufacturing plants to meet the procedures and
deadlines for meeting compliance, are consistent with EPA’s
enforceability guidance document for clarity, and, therefore, are
acceptable to EPA.

Recommended Action:  Proposed Approval of N.J.A.C. 7:27-19.15.

20.  N.J.A.C. 7:27-19.16: Adjusting combustion process

		There are no new amendments to N.J.A.C. 7:27-19.16.

Recommended Action:  Proposed Approval of N.J.A.C. 7:27-19.16.

21.  N.J.A.C. 7:27-19.17: Source emission testing

	There are no new amendments to N.J.A.C. 7:27-19.17.

Recommended Action:  Proposed Approval of N.J.A.C. 7:27-19.17.

		22.  N.J.A.C. 7:27-19.18: Continuous emission monitoring

	There are no new amendments to N.J.A.C. 7:27-19.18.

Recommended Action:  Proposed Approval of N.J.A.C. 7:27-19.18.

23.  N.J.A.C. 7:27-19.19: Recordkeeping and recording

	   There are no new amendments to N.J.A.C. 7:27-19.19.

Recommended Action:  Proposed Approval of N.J.A.C. 7:27-19.19.

	24.  N.J.A.C. 7:27-19.20: Fuel switching

	There are no new amendments to N.J.A.C. 7:27-19.20.

Recommended Action:  Proposed Approval of N.J.A.C. 7:27-19.20.

25.  N.J.A.C. 7:27-19.21: Phased compliance – repowering

	The only amendment to N.J.A.C. 7:27-19.21 is that Table 8 is renumbered
to Table 11.

	The following discussion, while not directly relevant to this SIP
action, is being reiterated here for the record as a placeholder for
future rulemaking.

When the currently adopted Subchapter 19 was proposed, EPA commented
[see cmt # 9 on p 1754 @ 41 N.J.R. 1752, April 20, 2009] that NJDEP did
not amend N.J.A.C. 7:27-19.21 as EPA requested when EPA approved the
previously adopted Subchapter 19 in July 2005 (72 Fed. Reg. 41626, July
31, 2007).  In a letter dated October 3, 2008, EPA made the following
comment to NJDEP during the public comment period for the currently
adopted Subchapter 19:

“Phased compliance - repowering: EPA is not taking action on the new
amendments to the repowering provision at 19.21 because EPA is not
approving any dates that allow for NOx RACT compliance beyond May 31,
1995, in general, and beyond May 1, 1999 for completion of repowering
for sources that should have complied by the date required in the March
29, 1999 EPA approved SIP.  The amended repowering provision at 19.21 is
not acceptable to EPA because the provision allows for NOx reductions by
a compliance date of November 7, 2009 which is beyond the November 15,
2007 1-hour ozone attainment deadline for the New York-Northern New
Jersey-Long Island area.  NJDEP has advised EPA that no sources have
applied to repower by NJDEP's deadline of

February 7, 2006 deadline [EPA recommends deleting the revised
compliance dates in 19.21].”

In its response to EPA’s comment, NJDEP indicated that no sources had
applied by the February 7, 2006 deadline for the phased compliance
option, and therefore there are no sources with phased compliance plans
and EPA’s concern about the November 7, 2009 compliance date is moot.
NJDEP further indicated that it may remove the November 7, 2009
compliance date in a future rule revision as a matter of rule cleanup,
but changing the rule at this time is unnecessary.

In the currently adopted Subchapter 19, the application date for phased
compliance by repowering is still February 7, 2006 and therefore sources
are unable to apply for this compliance option.

In addition, it should be noted that EPA made the following comment in
the TSD when approving the previously adopted Subchapter 19 in July
2007:

“EPA is not approving the phased compliance plans for repowering and
innovative control technology because they allow source NOx reductions
to be achieved beyond the November 15, 2007 1-hour ozone attainment
deadline for the New York-Northern New

Jersey-Long Island area.  In addition, as noted above, EPA is not
approving dates that allow for NOx RACT compliance beyond May 31 1995,
in general, and beyond May 1, 1999 for completion of repowering…”

	Therefore, although the administrative changes to N.J.A.C. 7:27-19.21
are acceptable to EPA, for the reasons explained in the previous
paragraphs, EPA takes no further action to either approve or disapprove
the existing provisions which still incorporate the November 7, 2009
compliance date.  EPA recommends NJDEP remove the compliance date of
November 7, 2009 from N.J.A.C. 7:27-19.21 in future amendments.

Recommended Action:   Proposed Approval of N.J.A.C. 7:27-19.21 except as
noted above with reference to the November 7, 2009 compliance date.

26.  N.J.A.C. 7:27-19.22: Phased compliance – impracticability of full
compliance by

	May 19, 2009

	   NJDEP amended N.J.A.C. 7:27-19.22 to remove provisions that are no
longer applicable, such as the compliance date of May 31, 1995, and to
allow phased compliance for owners/operators of HEDD units that are
required to achieve the NOx emission reductions required by Equation 1
at N.J.A.C. 7:27-19.29(c).  N.J.A.C. 7:27-19.29(c) requires compliance
on each HEDD following May 19, 2009 [operative date of Subchapter 19].
This phased compliance provision is only applicable to owners/operators
of HEDD units, identified at N.J.A.C. 7:27-19.29(a), and no other source
category.  Owners/operators of HEDD units that are unable to

comply with the NOx reduction requirements in Equation 1 at N.J.A.C.
7:27-19.29(c) by May 19, 2009 can apply for phased compliance which is
limited to a 12 month interim period, if approved by NJDEP.   NOx
emission reductions are applicable during high electric demand days.

	N.J.A.C. 7:27-19.22 (a) is amended by limiting phased compliance, due
to impracticability of full compliance by May 19, 2009, to
owners/operators of HEDD sources, identified at N.J.A.C. 7:27-19.29 (a),
who have submitted phased compliance plans.  A phased compliance plan
approved by NJDEP is in lieu of achieving by May 19, 2009 the NOx
emission reductions required by Equation 1 at N.J.A.C. 7:27-19.29(c).

	 N.J.A.C. 7:27-19.22 (b) is amended to require owners/operators of
applicable HEDD sources that want to have phased compliance to submit an
application for approval of the phased compliance plan to NJDEP by June
9, 2009.  This subsection requires compliance plans to address the
following: (1) the required compliance plan elements in subsection (c)
for each control measure; (2) the steps the owner/operator has taken to
comply with the NOx reduction

requirements at N.J.A.C. 7:27-19.29; and (3) a detailed explanation of
why implementation of each control measure by May 19, 2009 is
impracticable.

	N.J.A.C. 7:27-19.22 (c) is amended to require owners/operators of HEDD
units to include the required specific information in the phased
compliance plan for each proposed control

measure, including the following: (1) a description of each proposed
control measure; (2) how each proposed control measure is expected to
reduce NOx emissions; (3) an implementation schedule; and (4) any other
information requested by NJDEP for purposes of evaluating whether each
proposed control measure will achieve the Equation 1 NOx reductions.

	N.J.A.C. 7:27-19.22 (d) is amended to include the criteria that NJDEP
will use for

determining the approvability of phased compliance plans submitted by
owners/operators of HEDD units.  This subsection also removes the May
31, 1995 compliance date which is no longer applicable and to update
references to N.J.A.C. 7:27-19.22 (b).  Subsection 19.22(d)(4),
requiring the interim period to be less than 12 months, is unchanged.
It should be noted however, that at section 19.1, the definition of the
term “interim period” allows two years instead of one year from the
May 19, 2009 operative date of Subchapter 19.  As discussed with the
state, this is a typographical error and New Jersey should revise
section 19.1 to make it consistent with section 19.22 (d).

	N.J.A.C. 7:27-19.22 (e) is amended by revising the compliance date from
May 31, 1995 to

May 19, 2009 and to clarify the criteria that NJDEP will use to
determine whether compliance with the NOx reductions by Equation 1 at
N.J.A.C. 7:27-19.29 (c) by May 19, 2009 is

impracticable.  Except for the change in compliance date, the criteria
at subsections 19.22(e)(1)-(4) is unchanged.

	N.J.A.C. 7:27-19.22 (f) is amended to state that the phased compliance
plan expires when full compliance is achieved with the emission
reduction determined by Equation 1.  This subsection clarifies that upon
expiration of NJDEP’s approval of the phased compliance plan,
owners/operators become subject to the applicable requirements at
N.J.A.C. 7:27-19.29.

	N.J.A.C. 7:27-19.22 (g) requires all combustion sources affected by a
phased compliance

plan be operated in a manner that complies with the plan and with all
conditions of NJDEP’s approval.  Subsection 19.22(g)(4)(ii) is amended
by deleting SNCR as possible consideration of a control measure to be
used during the interim period.  The other possible control measures to
be used to control NOx emissions during the interim period, as indicated
at subsection 19.22(g)(4), remain unchanged, as follows: (1) adjustment
to the combustion process pursuant to N.J.A.C. 7:27-19.16 (see
subsection 19.22(g)(4)(i)); and (2) seasonal fuel switching to natural
gas pursuant to N.J.A.C. 7:27-19.20, or implementing other control
measures approved by NJDEP until full compliance is achieved in meeting
the NOx reductions at Equation 1 (see subsection 19.22(g)(4)(ii)).

	New Jersey’s phased compliance plan at section 19.22 allows
owners/operators to apply to New Jersey for additional time for
compliance with section 19.29 while limiting the interim

period to not more than one year from the May 19, 2009 operative date
and requiring NOx control measures during the one year interim period as
detailed at subsection 19.22(g)(4).  EPA recognizes that there may be
cases when owners/operators of HEDD units subject to section 19.29 will
need additional time beyond the May 19, 2009 operative date to comply
with the required

NOx reductions determined by Equation 1 due to impracticability.  New
Jersey’s phased compliance plan at section 19.22 provides the
necessary procedural requirements for approval of applications and the
necessary NOx control requirements during the one year interim period
and therefore EPA is proposing to approve New Jersey’s phased
compliance plan at section 19.22.

	In addition, it should be noted that in a recent verbal communication
with New Jersey staff, the State has indicated that only one facility
requested phased compliance and, as of October 2009, the source was in
compliance with section 19.29 and no longer needed phased compliance.

Recommended Action: Proposed Approval of N.J.A.C. 7:27-19.22

27.  N.J.A.C. 7:27-19.23: Phased compliance – use of innovative
control technology

           There are no new amendments to N.J.A.C. 7:27-19.23.

		EPA has the same comment as described above in section   HYPERLINK
"mailto:III.C.@%"  III.C. 25 of this TSD for the

phased compliance – repowering provision pursuant to N.J.A.C.
7:27-19.21.   Please see section III.C.25 above for details.  When the
currently adopted Subchapter 19 was proposed, EPA commented [see cmt # 9
on p 1754 @ 41 N.J.R. 1752, April 20, 2009] that NJDEP did not amend
N.J.A.C. 7:27-19.23 as EPA requested when EPA approved the previously
adopted Subchapter 19 in July 2007 (72 Fed. Reg. 41626, July 31, 2007).
In a letter dated October 3, 2008, EPA recommended deleting the revised
compliance dates in 19.23 for the same reasons stated by EPA for
deleting the revised compliance date in 19.21.

	Therefore, for the reasons explained in the previous paragraph, EPA
takes no further action to either approve or disapprove the existing
provisions which still incorporate the November 7, 2009 compliance date.
 EPA recommends NJDEP remove the compliance date of November 7, 2009
from N.J.A.C. 7:27-19.23 in future amendments. .

Recommended Action:  none.

28.  N.J.A.C. 7:27-19.24: MEG alerts

	There are no new amendments to N.J.A.C. 7:27-19.24.

 Recommended Action:  Proposed Approval of N.J.A.C. 7:27-19.24.

29.  N.J.A.C. 7:27-19.25: Exemption for emergency use of fuel oil

There are no new amendments to N.J.A.C. 7:27-19.25.

Recommended Action:  Proposed Approval of N.J.A.C. 7:27-19.25.

30.  N.J.A.C. 7:27-19.26: Penalties

	There are no amendments to N.J.A.C. 7:27-19.26.

Recommended Action:  Proposed Approval of N.J.A.C. 7:27-19.26.

31.  N.J.A.C. 7:27-19.27: Use of NOx budget allowances by a former DER
credit user

	NJDEP amended N.J.A.C. 7:27-19.27 by deleting the entire provision.
When the currently adopted Subchapter 19 was proposed, EPA commented
[see cmts # 9 and #11 on p 1754 @ 41 N.J.R. 1752, April 20, 2009] that,
since the OMET program at Subchapter 30 has now been repealed since
February 2004, NJDEP should delete all provisions related to the now
defunct OMET program.  In response to this EPA comment, NJDEP deleted
N.J.A.C. 7:27-19.27 along

with the associated Appendix.  N.J.A.C. 7:27-19.27 is now a reserved
section within Subchapter 19.

Recommended Action:  Proposed Approval of N.J.A.C. 7:27-19.27

	32.  N.J.A.C. 7:27-19.28: Sewage sludge incinerators

	This section is a new rule and is discussed in section III.C.2. of this
TSD

	33.	N.J.A.C. 7:27-19.29 2009 HEDD Emission Reduction Compliance
Demonstration Protocol

	This section is a new rule and is discussed in section III.C.3. of this
TSD

	34.	N.J.A.C. 7:27-19.30 2009 HEDD Emission Limit Achievement Plan

	This section is a new rule and is discussed in section III.C.4. of this
TSD

Compliance dates

New Jersey amended Subchapter 19 by including new provisions and
amendments to previously approved SIP provisions that result in more
stringent NOx emission limitations that will lead to additional
reductions in NOx emissions from the affected major stationary
combustion sources.

New Jersey uses the emission benefits from the new provisions and
amendments to Subchapter 19 in a variety of ways in the SIP.  Some are
used to meet reasonable further progress goals, others as a contingency
measure should an area fail to attain the 1997 ozone standard, some to
support the “weight of evidence” arguments concerning attainment of
the 1997 ozone standard, and others that will be used to help to attain
the new 2008 ozone standard (currently under reconsideration) that New
Jersey anticipates will replace the 1997 ozone standard.  In addition,
New Jersey was seeking to fulfill the section 182(b)(2) and section
172(c)(1) requirements for RACT as applied to both the 1997 and 2008
ozone standards in setting the emission standards and compliance due
dates.

Emission reductions required by sections 182(b)(2) and 172(c)(1) of the
Act, used to fulfill in the 1997 ozone SIP, are required to be achieved
by May 2009.  Sources with compliance periods that go beyond May 2009
are used as contingency measures or towards meeting RACT for the 2008
ozone standard.  In determining a compliance date for a level of control
that can be considered RACT, the time necessary to make the required
modifications and the cost of modifications were taken into
consideration.  For example, rebricking of a glass manufacturing
furnace, which usually accompanies new emission controls, is a
significant factor in evaluating both time and expenses necessary for
the project.  Requiring a “rebricking” of a furnace before it is
physically necessary would constitute a significant additional cost that
could result in the new emission controls being considered economically
unreasonable.

The compliance dates included in Subchapter 19’s provisions are as
expeditious as practical considering the level of the required new
controls.  Consistent with the Phase 2 Rule, any emission reduction used
in the 1997 ozone SIP is required to occur no later than the start of
the 2009 ozone season, which is the time by which a state must
demonstrate that it achieved the necessary emission reductions to meet
the June 15, 2010 attainment date for areas that are classified as a
moderate nonattainment area for the 8-hour ozone standard.

Based on preliminary air quality data monitored for the 3-year period
from 2007-2009, the Philadelphia-Wilmington-Atlantic City, PA-NJ-MD-DE
nonattainment area is eligible for a one year extension of its
attainment date to June 15, 2011 because of the clean air quality data
monitored for 2009.  Similarly, the New York-N.New Jersey-Long Island,
NY-NJ-CT nonattainment area is eligible for a clean data determination
based on three years of clean data.

In addition, consistent with EPA’s last approval of Subchapter 19 (see
72 FR 41626, July 31, 2007), EPA continues to take no further action to
approve or disapprove the existing provisions for phased compliance by
repowering and innovative control technology at sections 19.21 and
19.23.  These provisions still include the compliance date of November
7, 2009, which is beyond the November 15, 2007 attainment deadline for
the NY-NJ-CT 1-hour ozone standard.

For this reason, as indicated in EPA’s July 2007 approval of
Subchapter 19, New Jersey should delete the reference to the November 7,
2009 compliance date for these two phased compliance plans.

Subchapter 4: “Control and Prohibition of Particles from Combustion of
Fuel”

AMENDMENTS

		1.	N.J.A.C. 7:27-4.1: Definitions

	NJDEP added the following four definitions to N.J.A.C. 7:27-4.1:
“construct,” “construction,” “install,” and
“installation.”

	The terms are needed to differentiate the more stringent emission limit
of a coal-fired boiler that serves an electric generating unit, if the
combustion source or the associated particle control apparatus is newly
constructed, installed, reconstructed, or modified, from the less
stringent limit for an existing coal-fired boiler that is not
reconstructed or modified.

The definitions are identical to the existing definitions for these
terms in 7:27-8.1, and 7:27-22.1, with one exception as described below.

 	7:27-22.1 informs the reader that an operating permit can be modified
with a significant modification, minor modification, or seven day notice
change.   NJDEP did not include this information in their definition in
7:27-4.1 in response to EPA’s formal comment to NJDEP during the
public comment period [see comment number 38 on p 1760 of 41 N.J.R.
1752, April 20, 2009] for the currently adopted Subchapter 4. NJDEP
agreed that this information was not relevant to subchapter 4.

	NJDEP’s amendments to the definitions in N.J.A.C. 7:27-4.1 clarify
the terms in

Subchapter 4 and, therefore, EPA proposes to approve the amendments to
N.J.A.C. 7:27-4.1.

Recommended Action:  Proposed Approval of N.J.A.C. 7:27-4.1.

 	2.	N.J.A.C. 7:27-4.2: Standards for the emissions of particles

NJDEP amended 7:27-4.2(a) to clarify the following:

(1) that for coal-fired boilers regulated by 7:27-4.2(b) the maximum
emission rates listed in the 7:27-4.2(a) table would no longer apply
after May 19,2009;

(2) ) that for coal-fired boilers regulated by 7:27-4.2(c) the maximum
emission rates listed in the 7:27-4.2(a) table would no longer apply
after December 15, 2012;

7:27-4.2(b) was established to provide for a particle emission rate for
coal-fired boilers that have a particle control apparatus that is newly
constructed, installed, reconstructed, or modified.   The maximum
emission rate is 0.0150 pounds particles per million BTU (lb
particles/MMBTU).

NJDEP included the following additional provisions in 7:27-4.2(b):

(1) that the 0.0150 lb particles/MMBTU emission rate may be superseded
by an  enforceable agreement with NJDEP;

(2) that the owner or operator shall demonstrate compliance based on the
average of three stack tests that have been approved by NJDEP;

(3) that the coal-fired boiler or particle control apparatus is also
subject to state-of- the art requirements at NJAC 7:27-8.12 and 22.35,
lowest achievable emission rate requirements at NJAC 7:27-18, and best
available control technology requirements at 40 CFR 51.21, as
applicable.

7:27-4.2(c) was established to provide for a particle emission rate for
coal-fired boilers in operation prior to May 19, 2009.   Unless
otherwise specified in an enforceable agreement with NJDEP, the maximum
emission rate is 0.0300 pounds particles per million BTU (lb
particles/MMBTU), or the permitted emission rate, whichever is lower as
of May 19, 2009.

NJDEP included the following additional provisions in 7:27-4.2(c):

(1) that the owner or operator shall demonstrate  compliance by June 15,
2013, in accordance with the owner or operator’s approved permit for
the coal-fired boiler;

(2) that the owner or operator shall demonstrate compliance based on the
average of three stack tests that have been approved by NJDEP.

The amendments to N.J.A.C. 7:27-4.2 will result in additional reductions
of particulate matter and will help New Jersey meet the attainment date
for the 1997 and 2006 fine particle (PM2.5) standards.  The amendments
provide clarity for owners/ operators of affected sources in meeting the
requirements for achieving compliance, and is consistent with EPA’s
enforceability guidance for clarity and, therefore is acceptable to EPA.

Recommended Action:  Proposed Approval of N.J.A.C. 7:27-4.1.

E.	Subchapter  8: “Permits and Certificates for Minor Facilities (and
Major Facilities Without 	an Operating Permit)”

	NJDEP amended N.J.A.C. 7:27-8 by deleting references to the State’s
former OMET program.  When the currently adopted Subchapter 8 was
proposed, EPA commented [see cmts # 9 and #11 on p 1754 @ 41 N.J.R.
1752, April 20, 2009] that, since the OMET program at Subchapter 30 has
now been repealed since February 2004, NJDEP should delete all
provisions related to the now defunct OMET program.  In response to this
EPA comment, NJDEP deleted all the subsections to related to the former
OMET program including: (1) the definition of “Former DER credit
user” at subsection 8.1; (2) subsection 8.3(o) in its entirety; and
(3) subsection 8.20(b)(3) in its entirety.  The aforementioned deletions
to Subchapter 8 conform to EPA’s comment and therefore is acceptable
to EPA.

	EPA is currently reviewing other amendments to Subchapter 8 adopted in
past years.  Therefore, EPA will address all Subchapter 8 amendments at
the same time in a future rulemaking.

F.	Subchapter 10: “Sulfur in Solid Fuels”

AMENDMENTS

		1.	N.J.A.C. 7:27-10.1: Definitions

	NJDEP added the following four definitions to N.J.A.C. 7:27-10.1:
“calendar day,” “one-hour block,” “30-calendar-day rolling
average emission rate,” and “24-hour emission rate.”

The terms are needed to  provide definitions necessary for the  SO2
emission rates that are used in other sections.

	NJDEP’s amendments to the definitions in N.J.A.C. 7:27-10.1 clarify
the terms in

Subchapter 10 and, therefore, EPA proposes to approve the amendments to
N.J.A.C. 7:27-10.1.

Recommended Action:  Proposed Approval of N.J.A.C. 7:27-10.1.

 	2.	N.J.A.C. 7:27-10.2: Sulfur content standards

NJDEP amended 7:27-10.2(a) to clarify that the subsection, which
regulates the sulfur content of fuel oil stored, offered for sale, sold,
delivered or exchanged in trade, for use in New Jersey, will no longer
apply to any source after December 14, 2012.

NJDEP amended 7:27-10.2(b) to clarify that the subsection, which
regulates the sulfur content of solid fuel burned for use in New Jersey,
will no longer apply to any source after December 14, 2012.

7:27-10.2(d), 7:27-10.2(e), and 7:27-10.2(f) regulate SO2 emissions
based on the sulfur content of fuel.  7:27-10.2(g) applies to
authorizations granted pursuant to 7:27-10.2(f).   NJDEP amended these
subsections to indicate that these subsections would be operative only
through December 14, 2012.

The new provision at 7:27-10.2(h) requires that on and after December
15, 2012, all sources that combust solid fuel must comply with the
maximum SO2 emission rates of 0.250 pounds/MMBTU gross heat input based
on a 24-hour emission rate and 0.150 pounds/MMBTU gross heat input based
on a 30-calendar-day rolling average emission rate, unless otherwise
specified in an enforceable agreement with NJDEP.

The new provision at 7:27-10.2(i) requires that all sources that combust
solid fuel, and that are constructed, installed, reconstructed or
modified, to comply with all applicable state-of-the-art (SOTA) at
7:27-8.12 and 22.35, lowest achievable emission rate (LAER) at 7:27-18,
and the best available control technology (BACT) requirements at 40CFR
52.21.  SOTA, LAER, and BACT may require more stringent maximum
allowable emission rates.

The new provision at 7:27-10.2(j) was added by NJDEP to allow for an
extension of the December 15, 2012 compliance deadline for compliance
with the more stringent emission standards in 7:27-10.2(h).  The
subsection provides the necessary administrative and procedural
requirements for the extension request.  NJDEP will approve an extension
request only if compliance by December 15, 2012 is not possible due to
reasonable unforeseen circumstances such as the unavailability of
control apparatus needed to comply

The amendments to N.J.A.C. 7:27-10.2 will result in additional
reductions of particulate matter and S02 and will help New Jersey meet
the attainment date for the 2006 fine particle (PM2.5) standard.  The
amendments provide clarity for owners/ operators of affected sources in
meeting the requirements for achieving compliance, and is consistent
with EPA’s enforceability guidance for clarity and, therefore is
acceptable to EPA.

Recommended Action:  Proposed Approval of N.J.A.C. 7:27-10.2.

 	3.	N.J.A.C. 7:27-10.5: SO2 emission rate determinations

The new provisions at 7:27-10.5 establish how to calculate a “24-hour
emission rate” and a “30-calendar-day rolling average emission
rate” to compare a sources actual emission rates with NJDEP emission
rates at 7:27-10.2(h).

Under  7:27-10.5(a), a 24-hour emission rate shall be calculated by
measuring the quantity of SO2 emitted for each one-hour block time
period in one calendar day using certified SO2 and oxygen continuous
emission monitoring system (CEMS), and EPA Method 19.  An alternative
method to EPA Method 19 may be used upon submission of a written
application to NJDEP, and subsequent approval of the method.

Under 7:27-10.5(b), a 30-calendar-day rolling average emission rate is
determined by averaging the 24-hour emission rates for 30 consecutive
calendar days.  Each day begins a new 30-day calendar day rolling
average.  Any calendar day during which no combustion of solid fuel
occurred shall not be included in the 30-calendar-day rolling average.

New Jersey provided for an exemption to exclude SO2 emissions from
periods when a boiler is combusting fuel other than solid fuels, such as
fuel oil or natural gas, which can be burned during the start-up of coal
fired boilers.   NJDEP provided for this exemption in response to a
comment when Subchapter 10 was proposed [see comment 31 on p 1759@41
N.J.R. 1759, April 20, 2009].  7:27-10.5(c) allows owners or operators
to exclude  emissions when the units are not combusting solid fuel as
follows:

(1) in calculating a 30 day-calendar-day rolling average SO2 emission
rate for a unit that has ceased firing fossil fuel, for a period of time
not to exceed two hours, from the restart of the unit to the time that
the unit is fired with coal; and

(2) in calculating a 24-hour SO2 emission rate for a unit, the period of
time in which the unit is not fired with coal.

7:27-10.5(d) informs the owners or operator of the mailing address for
submitting the written application pursuant to (a)(1).

The amendments to N.J.A.C. 7:27-10.5 provide clarity for
owners/operators of affected sources that are subject to SO2 performance
standards.  The amendments are consistent with EPA’s enforceability
guidance document for clarity, and therefore are acceptable to EPA.

Recommended Action:  Proposed Approval of N.J.A.C. 7:27-10.5.

G.	Subchapter 16: “Control and Prohibition of Air Pollution by
Volatile Organic Compounds”

7:27-16.1 Definitions

N.J.A.C. 7:27-16.1 has been revised to add words and terms used in other
sections and provide a definition for how they are to be used in
complying with the control requirements.  See New Jersey Register,
August 4, 2008, CITE 40 N.J.R. 4441-4443.

Definitions are consistent with EPA policy and guidance.

Recommended Action:  Proposed Approval of N.J.A.C. 7:27-16.1 changes.

7:27-16.2 VOC stationary storage tanks

Deck fittings and seals:

Evaporative losses may occur through roof penetrations, such as those
for deck fittings such as slotted guidepoles, access hatches (manways),
and adjustable roof legs.  Also, evaporative losses may occur along the
rim seals, where the floating roof contacts the tank wall.  Therefore,
the NJDEP adopted provisions applicable to external floating roof tanks
in Range III for deck fittings and seals and are based primarily on
SCAQMD’s regulation Rule 1178 “Further Reductions of VOC Emission
from Storage Tanks at Petroleum Facilities, Adopted December 21, 2001,
amended April 7, 2006.”  Also, the NJDEP removed an exemption for some
tanks constructed or installed prior to December 17, 1979 from the
requirement to install a double seal floating roof or other control
apparatus.

N.J.A.C. 7:27-16.2(l)1. -  requires external floating roof tanks in
Range III to meet provisions which will minimize emissions through roof
penetrations by installing gaskets, seals and covers.  N.J.A.C.
7:27-16.2(l)3. - requires external floating roof tanks in Range III to
be equipped with a rim seal system meeting the specified requirements.

The Department anticipates 187 tpy or 0.51 tons per ozone season day of
VOC emission reductions starting in 2010 as a result of retrofitting
slotted guide poles, and anticipates additional emission reductions for
upgrading other deck fittings and seals.

Domes:

A stationary storage tank may be constructed with a floating roof or
without a floating roof.  Most of these tanks store gasoline.  When the
liquid, such as gasoline, is removed from a tank without a floating
roof, a large vapor space is created between the stationary roof and the
liquid surface.  VOC vapors accumulate in, and then escape to the
atmosphere from this vapor space.  A floating roof eliminates this vapor
space by floating on the liquid surface, thus eliminating VOC losses to
the atmosphere.  There are several types of floating roof tanks,
including an internal floating roof tank, where the internal floating
roof is covered by a fixed roof; an external floating roof tank, where
the floating roof is not covered by a fixed roof, thereby exposing the
external floating roof to the weather; or a domed external floating roof
tank, where an external floating roof tank has been retrofitted with a
dome to protect it from the weather.  Wind blowing across external
floating roof tanks causes evaporative losses, because the external
floating roof is directly exposed to the wind.

N.J.A.C. 7:27-16.2(l) 4 - 6, require external floating roof tanks in
Range III to be retrofitted with a dome by the first time the tank is
degassed after May 19, 2009 but no later than May 1, 2020 if the stored
liquid has a high vapor pressure (greater than 3 psia).  The tank must
also be equipped with a rim seal system.  Although industry has already
fitted many external floating roof tanks with domes in New Jersey, the
new provisions are intended to assure that the remaining tanks are
fitted with domes.

By May 1, 2020 the Department expects to yield an emission reduction of
about 130 tpy of VOC from the New Jersey tank universe beyond the
reductions achieved by upgrading deck fittings and seals.

Roof landings:

A “roof landing” refers to situation when the liquid in a storage
tank is removed and the floating roof is no longer in contact with the
liquid being stored.  A vapor space is created between the floating roof
and the liquid surface, which enables vapors from the VOC remaining in
the tank to accumulate.  These vapors can escape from the vapor space as
the tank is sitting idle and when they are displaced during refilling.
This three step process - roof landing, idling, and refilling - is a
roof landing cycle.

N.J.A.C. 7:27-16.2(n), (o), and  (p) establishes requirements for
landing a floating roof (when the roof rests on its legs or suspended by
cables or hangers and the floating roof is no longer in contact with the
liquid VOC as the remaining liquid is removed) and a facility-wide tank
VOC control plan.  Section 16.2(n) requires for external floating roof
tanks, that when a roof is landed, the legs are set to a minimum height
to minimize the vapor space and that the operation of emptying, filling
shall be performed as rapidly as possible.  Section 16.2(o) applies to
internal floating roof tanks that when a roof is landed, the legs are
set to a minimum height to minimize the vapor space and that the
operation of emptying, filling shall be performed as rapidly as
possible.  Section 16.2(p) requires the owner or operator of any
floating roof tank to submit a facility-wide tank VOC control plan to
reduce the emissions during roof landing cycles.   This includes routing
all vapors to a control device that is at least 95 percent efficient
until a floating roof is within 10 percent of being refloated.  Pursuant
to 16.2(p)(2)(ii), schedules for implementation of emission controls by
May 19, 2019 are to be consistent with the facility’s schedule for
tank removal from service for normal inspection and maintenance and with
the facility’s schedule for the installation of any new tanks.  As an
alternative to the implementation schedule of emission controls, storage
tanks in Range III that store gasoline may submit an emissions averaging