The New Jersey Department of Environmental Protection (NJDEP) recently held its quarterly Industrial Stakeholder Group (ISG) meeting on Friday, February 3, 2023. Several topics of interest were discussed throughout the meeting, including the latest updates on their re-designed webpage, Cargo Handling Equipment at Ports and Rail Yards regulations, and multiple Stationary Source Topics. Specifically, NJDEP focused on:
- Air Toxics/Fumigation Rule
- Stationary Source PACT Rule
- Risk Screening Worksheet Overview
- General Permit UpdatesGP-020, Research, and Development General Permits
- Fumigation Operations General Permits
- Additional GPs for reconsideration
- NEW Permit Applicability Determination Form
If your facility is subject to Annual Emission Statement (AES) Reporting, the Air Toxics/Fumigation rule requires the addition of thirteen (13) new HAPs to be quantified and reported for the 2022 AES due on May 15, 2023. For more information regarding which HAPs are now reportable, see our last ISG Update. To report those HAPs, NJDEP has released updated reference tables for their RADIUS software, which can be downloaded here. In addition, three (3) HAPs are now required in permits, including n-propyl bromide, sulfuryl fluoride, and hydrogen sulfide.
For sources that are subject to the Stationary Source PACT rule, NJDEP provided some clarification surrounding the ban on No. 4 and No. 6 fuel oil that is written into the recently adopted rule. For facilities that already have these fuel types stored, there is a 2-year storage allowance. Additionally, facilities that produce these fuel oils for sale out of state or use the fuel for non-combustion-related activities are permitted to continue doing so. It is important to note that the electric boiler portion of the rule was not adopted, however, the Department is still considering how to move forward with this effort in the coming years.
The NJDEP Division of Air Quality Risk Screening Worksheet for Long-Term Carcinogenic and Noncarcinogenic Effects and Short-Term Effects (RSW) proposed updates from June 2022 were adopted and published on December 21, 2022. The Department indicated that an additional update, proposed in November of 2022, may yield yet another version of the RSW later this year. The November proposal includes an increase in the short-term (1-hour) reference concentration (RfCst) for Methyl Bromide from its current value of 3,900 µg/m3 to 31,000 µg/m3, nearly eight times increase. The current value is based on a 1-hour average from CalEPA, with the proposed value originating from USEPA’s (2018) 1-hour average.
The General Permit (GP) program gave several updates concerning permits that are currently being re-visited, new general permits that are up and coming, and an insight into the next three permits that the Department will be re-evaluating. NJDEP recently discontinued GP-020, General Permit for Research & Development facilities. The new GP, which will be designated as GP-020A, is anticipated to include the potential for surface coating and cleaning operations to qualify for the general permit as well. All facilities which currently hold an expiring GP-020 will be required to apply for a (or modify an existing) preconstruction permit (PCP) until the revised GP-020A option is established. Draft GP-020A language will be included in the issued PCP to the facility, and a GP-020A application can be applied for upon PCP permit expiration. The Department is also working to develop a fumigation operations general permit, for cocoa merchant facilities to apply for before any indoor fumigation operation. This GP is expected to have the following conditions to be met for approval:
- Sulfuryl fluoride as the fumigant used.
- Occurs indoors only.
- The commodity must be covered by a tarp with the building closed during fumigation.
It is anticipated that a draft version for public comment will be made available by April 2023. A second fumigation general permit is also being discussed, specifically for fumigation in outdoor containers with the potential for more than one option to be selected for the fumigant utilized. Lastly, the Department discussed the possibility of re-opening three existing General Permits for revision:
- GP-007, Stationary Non-Floating Roof Storage Tank(s) Storing Volatile Organic Compounds
- GP-008, Site Remediation Activities for Gasoline Contamination at Vehicle Fueling Stations (SVE)
- GP-017A, Boiler(s) and/or Heater(s) Each Less Than 5 MMBTU/hr
NJDEP is seeking to re-open these general permits for revision given that the regulatory landscape has changed since these permits were first drafted back in the early to mid-2000s.
Finally, a new tool has been introduced for any Minor Source (N.J.A.C. 7:27-8) seeking clarification on potential permitting implications for source operations. The Air Permit Applicability Determination Form can now be completed and submitted to the department for written response regarding why your facility may or may not be subject to permitting. It is important to note that the form is public information but can be submitted anonymously. The Department stressed that the form must be saved as it appears online, with no edits to the format. Once completed, the document must be emailed to [email protected] for a written response to be received.
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.
