N.J. Admin. Code § 7:27-10.2

Current through Register Vol. 56, No. 21, November 4, 2024

Section 7:27-10.2 - Sulfur contents standards

(a) On and before December 14, 2012, no person shall store, offer for sale, sell, deliver or exchange in trade, for use in New Jersey, solid fuel which contains sulfur in excess of the percentages by weight set forth in Table 1, except as provided otherwise in this Subchapter.

(b) On and before December 14, 2012, no person shall use in New Jersey, solid fuel which contains sulfur in excess of the percentages by weight set forth in Table 1.

TABLE 1
EXISTING SOLID FUEL BURNING UNITS
Type Fuel	Maximum Allowable Percent Sulfur by Weight (Dry Basis)
Zone One	Zone Two	Zone Three	Zone Four
Anthracite Coal or Coke	0.8	0.8	0.8	0.8
All other solid Fuels	1.0	1.0	0.2	0.2

(c) On and before December 14, 2012, the provisions of (a) and (b) above shall not apply to solid fuel whose combustion causes sulfur dioxide (SO[LESS THAN]2[GREATER THAN]) emissions from any stack or chimney into the outdoor atmosphere which are demonstrated to the Department as not exceeding, at any time, those quantities of sulfur dioxide expressed in pounds per 1,000,000 British Thermal Units (BTU) gross heat input, set forth in Table 2.

TABLE 2
EXISTING SOLID FUEL BURNING UNITS
Type Fuel	Maximum Allowable SO[2] Emissions (pounds/million BTU)
Zone One	Zone Two	Zone Three	Zone Four
Anthracite Coal and Coke	1.2	1.2	1.2	1.2
All other solid Fuels	1.5	1.5	0.3	0.3

(d) On and before December 14, 2012, any solid fuel-fired steam generating unit which is located in Zone Three or Zone Four, having a rated hourly capacity of greater than 200,000,000 British Thermal Units (BTU) gross heat input and any group of units at one facility which is located in Zone Three or Zone Four, having a combined rated hourly capacity of greater than 450,000,000 British Thermal Units (BTU) gross heat input, and which were in operation prior to May 6, 1968, shall be subject to the standards specified in Table 1 for Zone One.

(e) On and before December 14, 2012, any person responsible for the use of bituminous coal who believes that bituminous coal containing a maximum allowable percent sulfur by weight as set forth in Table 1 cannot be used in a specific steam generating unit may submit data to the Department setting forth justification for a less restrictive percent of sulfur content by weight in bituminous coal. The Department may authorize the use of a less restrictive percent of sulfur by weight in bituminous coal. Any less restrictive percent of sulfur content by weight in bituminous coal authorized by the Department shall not exceed 1.5 percent, except as provided in (f) below.

(f) On and before December 14, 2012, the Department may authorize the use of bituminous coal not exceeding a maximum sulfur content of 3.5 percent by weight (dry basis) at existing facilities in Zone One if:

1. The person responsible for the use of bituminous coal demonstrates that bituminous coal, containing one percent sulfur or less by weight and suitable for use in the specific steam generating unit, is not reasonably available in sufficient quantities; and

2. Sulfur dioxide levels in the ambient atmosphere will at no time exceed or jeopardize the ambient air quality standards set forth in N.J.A.C. 7:27-13; and

3. The sulfur content of the bituminous coal burned at the facility represents the minimum sulfur content coal which can be used by the facility and is reasonably available in sufficient quantity; and

4. The person responsible for the use of bituminous coal agrees to such monitoring and reporting requirements as the Department may deem appropriate to ensure compliance with the conditions set forth in this subsection; and

5. The person responsible for the use of bituminous coal submits to the Department for such authorization an application which considers and addresses as a minimum, in addition to the above, the following criteria:

i. Physical surroundings of the coal-fired steam generating unit;

ii. Population density of the surrounding area;

iii. Dispersion characteristics of the source;

iv. Topography of the immediate vicinity; and

v. Aesthetic and nuisance effects.

(g) On and before December 14, 2012, authorizations granted pursuant to (f) above shall be valid for a period not to exceed five years from the date of issuance and may be renewed upon application to the Department, setting forth reasons and justifications for such renewal, including a demonstration of continued conformance with the provisions of (f) above.

(h) On and after December 15, 2012, unless otherwise specified in an enforceable agreement with the Department, the owner or operator of any source that combusts solid fuel shall cause it to emit SO[2] at a 24-hour emission rate no greater than 0.250 pounds per 1,000,000 BTU gross heat input for every calendar day, and at a 30-calendar-day rolling average emission rate no greater than 0.150 pounds per 1,000,000 BTU gross heat input. The owner or operator shall determine each 24-hour emission rate and each 30-calendar-day rolling average emission rate in accordance with N.J.A.C. 7:27-10.5.

(i) Any source that combusts solid fuel, and that is constructed, installed, reconstructed or modified, is also subject to state-of-the-art requirements at 7:27-8.12 and 22.35, lowest achievable emission rate requirements at N.J.A.C. 7:27-18, and best available control technology requirements at 40 CFR 52.21 incorporated herein by reference, as applicable.

(j) The owner or operator of a boiler that is subject to (h) above may request up to a one-year extension to the December 15, 2012 compliance deadline required by (h) by sending a written request to the address at 7:27-10.5 (d). The request shall document the reasons the extension is needed. The Department will approve an extension request only if compliance by December 15, 2012 is not possible due to circumstances beyond the control of the owner or operator that are not reasonably foreseeable, including, but not limited to, the unavailability of a control apparatus needed to comply with the December 15, 2012 compliance deadline or a contractor needed to install the control apparatus.

N.J. Admin. Code § 7:27-10.2

As amended, R.1981 d.185, effective 6/4/1981.
See: 12 N.J.R. 571(a), 13 N.J.R. 341(a).
Substantially amended.
Administrative correction to (c), Table 2.
See: 21 N.J.R. 2991(a).
Amended by R.2009 d.137, effective 4/20/2009 (operative May 19, 2009).
See: 40 N.J.R. 4390(a), 41 N.J.R. 1752(a).
In (a) and (b), substituted "On and before December 14, 2012, no" for "No"; in (c) and (f), substituted "On and before December 14, 2012, the" for "The"; in (d) and (e), substituted "On and before December 14, 2012, any" for "Any"; and added (h) through (j).