On Friday, June 2, 2023, the New Jersey Department of Environmental Protection (NJDEP) held their second quarterly Industrial Stakeholder Group (ISG) meeting. This meeting covered a variety of topics, with a focus on the Environmental Justice (EJ) Rule effective April 17, 2023. Additional matters discussed included:
- Updates to the organizational structure (NJDEP will be posting the organization chart slides in the coming weeks)
- Clarifications on removing equipment from Preconstruction Permits
- Heavy Metal emission factors for small natural gas fired boilers
- Subchapter 17 Updates required by Title V Renewals
- General Permit Considerations
In addition to a generalized overview of the EJ process as defined by the rule, more detail was provided on one specific aspect. An important item of note that differed in AO 2021-25 and the final rule was given further clarification from the head of the Office of Permitting and Project Navigation (OPPN), David Pepe, regarding block groups and the definition of “adjacent”. For facilities that are within a zero-population block group immediately adjacent to an overburdened community (OBC), the Rule will apply. In making this determination, it is not the facility fenceline to be observed as adjacent to an overburdened community, but the block group the facility is contained within.
Therefore, if your facility is within a zero-population block group that is bordering another block group that is determined as an OBC, the Rule applies. Adjacent block groups can be more easily determined when using NJDEP’s EJMAP tool, which highlights the aforementioned groups as orange. If you would like to read more about the EJ Law and how it may impact your facility, the New Jersey office published
an overview of the final document upon issuance in April.
Further Permitting Guidelines
Additional updates from the Department included various regulatory clarifications such as the proper process for removing equipment from Preconstruction Permits, and the applicability of certain conditions in the FC level of Air Permits. If your facility no longer utilizes equipment as a part of your production process and is decommissioning said units, there are two ways to remove the equipment from the permit depending on the impact on emissions.
- If the removal of the equipment from the permit will NOT impact the potential to emit (PTE), removal can be done through a technical amendment.
- If the removal of the equipment will decrease PTE, removal must be completed via a Preconstruction Permit Modification, specifically a compliance plan change application.
If there is a condition within your air permit at the FC level, the Department advised that similar to the General Provisions section, if it does not apply to your facility then it is not of concern to the Department. The FC level of Air Permits is a pre-determined set of conditions that is based on a set template utilized by NJDEP and cannot be altered, as stated by the Department.
Emission Factors
It was also made clear during the meeting that NJDEP is aware of certain flaws surrounding AP-42 emission factors used for small boilers firing natural gas. Heavy metals, including arsenic and cadmium, have posed difficulties to the regulated community when the Health Risk Assessment is completed for small boilers (under 100 MMBTU/hr). Many facilities are unable to pass first level risk screening assessments for arsenic and cadmium emissions from these types of units, leading the Department to further analyze the source of the emission factors utilized to complete potential to emit (PTE) calculations. It was found that both arsenic and cadmium emission factors come from a small data set of two stack tests.
The Department is encouraging any facility that has stack tested their small boiler to submit results for arsenic and cadmium, if any at all was determined. Further, NJDEP stated that if your facility can properly document the use of alternative emission factors for these heavy metals, they will consider and accept them on a case-by-case basis. It should be noted that natural gas combustion emission factors published in alternative sections in AP-42 do not list factors for arsenic and cadmium, as heavy metals in natural gas may only be detected at trace levels, if at all.
A general update regarding the status of various new and revised General Permits (GPs) for minor facilities in the state of New Jersey was also provided. GP-20A (Research & Development) is anticipated to be ready for public comment in June 2023. Additionally, it is anticipated that the new Indoor Fumigation for Cocoa Merchants (GP-021A) will be available for public comment by late June or early July. Trinity’s
Joseph Kwiatkowski was heavily involved in the inception and design of this general permit, working closely alongside the Department as part of a workgroup to bring this draft to the fruition. Should your facility have any questions regarding this GP, or what must be completed should you have a fumigation event scheduled before it is available for use, please contact Joe at 609.336.9160.
Lastly, for Title V facilities that have had a renewal pending with the Department for over one renewal cycle, NJDEP has determined that the facility must complete updated Hazardous Air Pollutant (HAP) and Air Toxics (TXS) calculations and compare them against the revised thresholds in Subchapter 17.
If you would like to discuss any of the topics NJDEP presented and how they may impact your facility, please contact Trinity’s
Princeton office or call
609.318.5500.
