NJDEP Proposes Rules for the Reduction of CO2 Emissions
On December 6, 2021, the New Jersey Department of Environmental Protection (“NJDEP” or “Department”) published proposed new rules and amendments to the Department’s Air Pollution Control Regulations at N.J.A.C. Chapter 7:27 for the control and prohibition of carbon dioxide (CO2) emissions (the “Proposed Rule”). The Proposed Rule would reduce CO2 emissions from: (1) certain fossil fuel-fired electric generating units (EGUs) through the application of output-based emission limits, (2) certain commercial and industrial fossil fuel-fired boilers based upon an additional permit requirement, and (3) No. 4 and No. 6 fuel oil by banning its sale and use. The Proposed Rule also would amend certain general provisions of the Department’s Air Pollution Control Regulations that could have far-reaching implications for all facilities that emit CO2, as further discussed below.
The Department developed the Proposed Rule as part of its implementation of relevant provisions of the Global Warming Response Act (GWRA), N.J.S.A. 26:2C-37 et seq., which requires New Jersey to reduce greenhouse gas (GHG) emissions to 80 percent of 2006 levels by 2050, the so-called “80x50 goal.” The Department, however, has cautioned that the Proposed Rule not be viewed as the definitive step for reducing GHG emissions in accordance with the GWRA and has noted that NJDEP will be proposing additional rulemakings aimed at other stationary and mobile sources of GHG emissions.
Read the full details in our January 6 Special Alert.