The New Jersey Department of Environmental Protection (NJDEP) held its Industrial Stakeholders Group (ISG) meeting on October 4, 2024. During the meeting, NJDEP provided updates on the following topics:

• General Permit and General Operating Permit Updates
• Industrial GHG Reduction Surveys
• SOTA Manual Updates
• Air Fee CPI Changes
• Air Permit Application Updates/Recommendations

The following sections provide a summary of each of the topics discussed:

General Permit and General Operating Permit Updates

GP-021B (Outdoor Fumigation Operations of Containerized Commodities) is available. This General Permit allows for the construction, installation, reconstruction, modification and operation of fumigation operations at a single industrial complex, limited to outdoor containers for methyl bromide, phosphine, and/or sulfuryl fluoride for fumigation of various commodities. The GP-021B fumigation permit will be allowed under the following conditions:

• Containers under a Tarp
• Use of specific fumigants – Sulfur Fluoride, Phosphine, and Methyl Bromide
• Process must be constrained by the fumigant usage limits as refenced below:

Table 1

• Specific stack configurations to ensure negligible health risks.
• A facility that possesses GP-21A (Indoor Fumigation Operations of Cocoa Beans Products) and GP-21B shall not fumigate simultaneously using Sulfur Fluoride in any given 24-hour period to avoid potential overall exceedances.

GP-17B will be replaced by GP-17A (Small Boilers Less Than 5 MMBtu/hr) and GP-18B will replace GP-18A (Medium Boilers Greater Than or Equal to 5 MMBtu/hr and Less Than 10 MMBtu/hr). Additionally, GOP-007A will replace GOP-007 (Boilers Greater Than or Equal to 1MMBtu/hr and Less Than 5 MMBtu/hr) and GOP-008A will replace GOP-008 (Boilers Greater Than 5 MMBtu/hr and Less Than 10 MMBtu/hr). Proposed changes include registration revisions to require applicants to add technical information about the burner and boiler plate. In addition to compliance with annual emission limits, NJDEP will now include hourly emission limits for each boiler. HAP emissions above reporting thresholds will also be included into the above referenced general permits due to revised Subchapter 17 rule. Further clarification edits to the general permit requirements will be made in accordance with the latest rule language for inclusion into the final version update.

NJDEP is working on a GP-007A to replace GP-007 (Stationary Non-Floating Roof Storage Tank(s) Storing Volatile Organic Compounds). The general permit update review permit applicability to NSPS OOOO (Standards of Performance for Crude Oil and Natural Gas Facilities). Additionally, compliance plan requirements will be updated to ensure the inclusion of the following regulatory requirements:

• State Rule – Inclusion of Subchapter 16.4 transfer operations requirements
• NSPS Subpart Kb & proposed Subpart Kc
  • 60.112b(b)(3) – All storage tanks with a maximum capacity greater than or equal to 20,000 gallons must be equipped with a closed vent system routed to a control device.
  • 60.113b(c)(1) – Operating plan demonstration that the closed vent system and control device will achieve the required control efficiency (95/98% depending on Kb or Kc).
  • 60.113b(c)(2) – Operated & monitored according to manufacturers’ specifications (recordkeeping requirement in 60.115b(c)).
• PTE will be evaluated using EPA TANKS 5.0 and Emission Master.

GP-008A (Site Remediation) is under review to allow other types of site remediations beside gas stations. Other considerations are:

• Eliminating engines as control apparatus from this GP
• Allowing remediation of subsurface contamination by:
  • Gasoline
  • Diesel fuel and No. 2 fuel oil
  • Petroleum hydrocarbons
  • Hazardous Air Pollutants (HAPs)
• Potential GOP for Site Remediation

Once the new GPs are released, the old GPs cannot be renewed. Anyone with an old GP can continue relying on that GP until its expiration. But upon expiration, the GP holder will be required to apply for the new applicable GP.

Industrial GHG Reduction Surveys

The Bureau of Climate Change and Clean Energy (Bureau) discussed the current status of GHG emissions from the Industrial sector, the Department’s priorities concerning future reductions in GHG emissions from the Industrial sector, and shared a link to a survey that members of the ISG may participate in. New Jersey is required to reduce its overall state-wide GHG emissions by 80% of their 2006 levels by 2050. Therefore, the goal of the survey is to assist the Bureau identify potential pathways for GHG emission reductions from the industrial sector and to inform NJ’s Comprehensive Climate Action Plan. Potential pathways for GHG emission reductions include, but are not limited to:

• CHP, Electric Boiler, Onsite Renewables
• Industrial Heat Pumps; efficiency improvements
• Energy efficiency and building HVAC upgrades
• Zero-Emission/Alternative-fueled Off-Road Equipment

The Bureau would like all NJ-based facilities with an air operating permit to complete the online survey. It should be completed by a representative of the facility who has knowledge of the facility’s energy systems, usage, and operations.

SOTA Manual Updates

The following SOTA manuals have been updated since the last ISG meeting held June 7, 2024 and are currently available on the BOSS SOTA website:

• Graphic Arts
• Surface Coating Industry

Future updates to SOTA manuals will include the following:

• General State of the Art
• Pharmaceutical/Chemical Manufacturing
• Transfer Operation
• Asphalt Pavement Production Plants
• Bakery Ovens
• Commercial Sterilizers and Fumigators using Ethylene Oxide
• Paint, Ink, and Adhesives Manufacturing Industries

Air Fee CPI Changes

NJDEP has announced upcoming changes to various fees and thresholds for FY 2025, including the major facility annual emission fee, permitting fees, and the reconstruction threshold amount. Fee changes are anticipated to be published in the November New Jersey Register.

• Annual Emission Fee: The fee will increase to $152.74 per ton, based on the CPI adjustment for the 2023 emissions year. This resulted in an increase of $4.71 (3.18%) from FY 2024. Invoices will be submitted at the end of 2024 and facilities must submit their fees by January 31, 2025.
• Permit and Modification Fees: NJDEP permitting mechanisms will see a 22.7% increase in base charges and supplementary fees for preconstruction permits, significant modifications to operating permits, and general permits. There are no 3 changes to the Operating Permit initial or renewal application fees. These updated fees will apply from January 1, 2025, through December 31, 2029.

Air Permit Application Updates/Recommendations

NJDEP announced that it would begin prioritizing Operating Permit renewal applications that have been pending for a while. This may delay certain permit modifications while the Department works to finalize outstanding renewal applications. Alternatively, NJDEP may also encourage applicants to process facility applications for modifications and renewals simultaneously. If a permit modification is proposed as an addition to an existing renewal, the assigned NJDEP Permit Writer will determine the application accordingly. requirements on a facility specific basis. Regardless if the renewal has been in the process for numerous years, applicants are responsible for updating application representations. However, an update to the permit application should not trigger a new filing or new case number.

NJDEP reviewed a new guidance memorandum that includes policy updates for the inclusion of HAP emissions and diesel particulate matter from Emergency Generators in the Potential to Emit (PTE) section of Air Pollution Control (APC) permit applications and health risk assessments. For this updated memorandum, NJDEP will provide guidance through a brightline rule on when risk assessments for emergency generators are required as well as how to determine whether 1st level risk (i.e. NJDEP screening risk spreadsheets) vs. 2nd level risk under refined modeling will be the acceptable approach.

The department emphasized equipment specification consistency. Applicants are encouraged to ensure all equipment information provided as part of an application matches the technical specifications for which the equipment is installed. Additionally, all permit applications should match the vendor specifications on which the project will operate. Equipment details of concern include but are not limited to:

• Equipment Manufacturer Information (i.e. Make, Model, Serial Number, etc.)
• Rated Capacity
• Operating Hours
• Risk Assumptions (i.e. stack specifications)

As your permit and application are both enforceable documents, any information contained thereof, are subject to enforcement. If your actual installation does not match what is in the permit, applicants have two options:

1. Apply for a new permit or modification to make the equipment details consistent to what is installed, OR
2. Pull out installed equipment and install what was originally permitted

Should you or your facility have any questions pertaining to any of the above topics, please contact the Trinity Consultants’ Princeton Office at 609.318.5500.