NJDEP Plans Full Air Quality Agenda in 2007

January 16, 2007
Client Alert Newsletter Forecast 2007

In its January 2007 Priorities and Action Plan, the New Jersey Department of Environmental Protection ("NJDEP") identified air quality priorities including implementing regulations for the Regional Greenhouse Gas Initiative, promulgating PM-2.5 emission standards for stationary and mobile sources, and cutting diesel emissions through vehicle retrofit requirements, enhancing idling restrictions, and requiring use of ultra low sulfur diesel fuel.

On February 2, NJDEP released a State Implementation Plan ("SIP") with strategies for implementing Reasonably Available Control Technology for NOx and volatile organic compound sources under the 8-hour ozone standard. NJDEP’s SIP identifies several source categories for which it will propose new rules before November 1, including asphalt paving; asphalt production; glass furnaces; industrial adhesives and sealants; industrial, commercial and institutional boilers; electric generating units; petroleum refineries; and petroleum storage tanks. NJDEP plans to issue new regulations by May 2008.

NJDEP's air quality permitting program has already been active in 2007 with a new emergency generator general permit implementing new state and federal emergency generator regulations. The general permit may apply to one or more reciprocating internal combustion engine emergency generators with a combined maximum heat input capacity less than 80 MMBtu/hr. Existing sources holding an emergency generator general permit must register for the new general permit by March 1.

NJDEP also recently launched its new air toxics website, at http://www.state.nj.us/dep/airtoxics. Of particular note on the website is the agency's analysis of the National Air Toxics Assessment for New Jersey, as well as available local air toxics monitoring and modeling data.