N.J. Admin. Code § 7:27-9.2

Current through Register Vol. 56, No. 19, October 7, 2024

Section 7:27-9.2 - Sulfur content standards

(a) No person shall store, offer for sale, sell, deliver or exchange in trade, for use in New Jersey, fuel that contains sulfur in excess of the applicable parts per million by weight set forth in Tables 1A and 1B of this section, except as provided in (c), (d) and (e) below. Fuel stored in New Jersey that met the applicable maximum sulfur content standard of Tables 1A or 1B of this section at the time the fuel was stored in New Jersey may be stored, offered for sale, sold, delivered or exchanged in trade, for use in New Jersey, after the effective date of the applicable standard in Table 1B.

(b) No person shall use fuel that contains sulfur in excess of the applicable parts per million by weight set forth in Tables 1A and 1B of this section, except as provided in (c), (d) and (e) below. Fuel stored in New Jersey that met the applicable maximum sulfur content standard of Tables 1A or 1B of this section at the time it was stored in New Jersey may be used in New Jersey after the operative date of the applicable standard in 1B.

TABLE 1A

MAXIMUM ALLOWABLE SULFUR IN FUEL EFFECTIVE THROUGH JUNE 30, 2014

Typical Grades	Classification	Parts per Million by Weight (ppm)
of Fuel Oil	by SSU Viscosity at 100[degrees]F
Zone 1	Zones 2 &5	Zone 3	Zones 4 & 6
No. 2 &	Less than or	3,000	3,000	2,000	2,000
lighter	equal to 45,
including gases
No. 4	Greater than 45	20,000	7,000	3,000	3,000
but less than 145
No. 5, No. 6 & heavier	Equal to or greater than 145	20,000	10,000	5,000	3,000

TABLE 1B

MAXIMUM ALLOWABLE SULFUR IN FUEL EFFECTIVE JULY 1, 2014 AND JULY 1, 2016

Typical Grades	Classification	Parts per Million by Weight (ppm)
of Fuel Oil	by SSU Viscosity at 100[degrees]F
Zone 1	Zones 2 & 5	Zone 3	Zones 4 &6
No. 2 &	Less than or	500	500	500	500
lighter	equal to 45,
(effective July	including gases
1, 2014 through
June 30, 2016)
No. 2 &	Less than or	15.0	15.0	15.0	15.0
lighter	equal to 45,
(effective July	including gases
1, 2016)
No. 4	Greater than 45	2,500	2,500	2,500	2,500
(effective July	but less than 145
1, 2014)
No. 5, No. 6 &	Equal to or	5,000	5,000	5,000	3,000
heavier	greater than 145
(effective Jul 1, 2014)y

(c) The provisions of (a) and (b) above shall not apply to fuels whose combustion carries sulfur dioxide emissions from any stack or chimney into the outdoor atmosphere that 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 Tables 2A and 2B of this section.

TABLE 2A

MAXIMUM ALLOWABLE SULFUR DIOXIDE EMISSIONS EFFECTIVE THROUGH JUNE 30, 2014

Typical	Classification	SO[2] Emissions (lbs per million BTU)
Grades of Fuel Oil	by SSU Viscosity at 100[degrees]F
Zone 1	Zones 2 & 5	Zone 3	Zones 4 & 6
No. 2 &	Less than or	0.32	0.32	0.21	0.21
lighter	equal to 45,
including gases
No. 4	Greater than 45	2.10	0.74	0.32	0.32
but less than 145
No. 5, No. 6	Equal to or	2.10	1.05	0.53	0.32
& Heavier	greater than 145

TABLE 2B

MAXIMUM ALLOWABLE SULFUR DIOXIDE EMISSIONS EFFECTIVE JULY 1, 2014 AND JULY 1, 2016

Typical Grades	Classification	SO[2] Emissions (lbs per million BTU)
of Fuel Oil	by SSU Viscosity at 100[degrees]F
Zone 1	Zones 2 & 5	Zone 3	Zones 4 & 6
No. 2 &	Less than or	0.0530	0.0530	0.0530	0.0530
lighter	equal to 45,
(effective July	including gases
1, 2014 through
June 30, 2016)
No. 2 &	Less than or	0.00160	0.00160	0.00160	0.00160
lighter	equal to 45,
(effective July	including gases
1, 2016)
No. 4	Greater than 45	0.260	0.260	0.260	0.260
(effective July	but less than 145
1, 2014)
No. 5, No. 6 &	Equal to or	0.530	0.530	0.530	0.320
Heavier	greater than 145
(effective July 1, 2014)

(d) The provisions of (a) and (b) above shall not apply to fuels included in an alternative emission control plan based on a mathematical combination approved by the Department. Application for such approval shall be made to the Department in writing and must include:

1. Certification that all source operations to be included in the mathematical combination are under the control of, or operated by, one person;

2. Certification that the total sulfur dioxide emissions from the mathematical combination during each 24-hour period will not exceed the quantity of sulfur dioxide expressed in pounds per million BTU gross heat input set forth in Tables 2A and 2B of this section;

3. Certification that the total sulfur dioxide emissions from the mathematical combination during each 24-hour period will not exceed the maximum total weight of sulfur dioxide that all the sources in the mathematical combination were allowed to emit at the time of applying;

4. Identification of each fuel burning unit and stack to be included in the mathematical combination;

5. Identification of the grades of fuel to be burned in each unit, the maximum sulfur content of each fuel to be burned in each unit, the maximum gross heat input rate for each unit, the higher heating value of each fuel, and the annual fuel use and operating hours per year for each unit;

6. An application for a permit for any fuel burning unit that must be altered or for any fuel burning unit in which fuel is to be burned having a sulfur content in excess of the applicable limits specified in Tables 1A and 1B of this section. The permit may be a preconstruction permit and certificate under N.J.A.C. 7:27-8, an operating permit under N.J.A.C. 7:27-22 or a facility-wide permit as defined at 7:1K-1.5;

7. A demonstration by air quality simulation modelling acceptable to the Department, including aerodynamic downwash modelling, unless waived in accordance with the provisions of 7:27-9.4, that increases in air contaminants resulting from use of the alternative emission control plan will not cause any ambient air quality standard to be exceeded, or cause any allowable prevention of significant deterioration ambient air increment as established by the United States Environmental Protection Agency to be exceeded; and in areas where an ambient air quality standard is already exceeded, will not cause an increase in ambient air concentrations greater than the threshold increases set forth in Table 1 of 7:27-18.4;

8. Sufficient information to evaluate aerodynamic downwash effects including a site plan, heights of all structures within 1,000 feet (305 meters) of the stacks in the mathematical combination, and the topography of the area within 1,000 feet (305 meters) of the stacks in the mathematical combination; and

9. A guarantee that fuel analyses will be submitted at intervals specified by the Department.

(e) The provisions of (a), (b), (c), and (d) above shall not apply whenever a person responsible for the sulfur dioxide emissions from a facility into the outdoor air resulting from the combustion of facility by-products alone, or from the combustion of facility by-products combined with fuels conforming with this section, can demonstrate to the Department that the facility's emissions are predictable and will in no case exceed 310 ppm by volume adjusted to 12 percent carbon dioxide by volume. In such cases, the Department may establish conditions as it deems appropriate including, but not limited to, requiring sampling and analysis of emissions of sulfur dioxide, periodic fuel analysis and the periodic submission of data.

(f) If the identified grade of fuel oil does not agree with the classification by viscosity set forth in Tables 1A and 1B and Tables 2A and 2B, then he allowable parts per million sulfur by weight shall be determined by the viscosity classification.

N.J. Admin. Code § 7:27-9.2

Amended by R.1982 d.456, effective 12/6/1982 (operative February 4, 1983).
See: 13 N.J.R. 870(a), 14 N.J.R. 1452(a).
"No. 2" fuel oil added under Table 2; new (d) added, old (d) and (e) redesignated as (e) and (f); old (f) deleted.
Administrative correction to (c) and (e).
See: 23 N.J.R. 1166(b).
Amended by R.1998 d.231, effective 5/4/1998 (operative June 12, 1998).
See: 29 N.J.R. 3521(a), 30 N.J.R. 1563(b).
Rewrote (d)6.
Amended by R.2010 d.203, effective 9/20/2010 (operative October 25, 2010).
See: 41 N.J.R. 4156(a), 42 N.J.R. 2244(a).
In (a) and (b), substituted the first occurrence of "that" for "which", "the applicable parts per million" for "a percentage" and "Tables 1A and 1B" for "Table 1", deleted ", and N.J.A.C. 7:27-9.5" following "below", and inserted the last sentence; in (a), inserted a comma following "trade" and the first occurrence of "New Jersey"; in (b), deleted a comma following "(d)"; recodified Table 1 as Table 1A; rewrote Table 1A; inserted Table 1B; in (c), substituted "that" for "which" and "Tables 2A and 2B" for "Table 2"; recodified Table 2 as Table 2A; rewrote Table 2A; inserted Table 2B; in (d)1 through (d)7, deleted "and" from the end; in (d)2, substituted "Tables 2A and 2B" for "Table 2"; in (d)6, substituted "that" for the first occurrence of "which", "Tables 1A and 1B" for "Table 1", and deleted a comma following "7:27-22"; in (d)7, updated the second N.J.A.C. reference; and in (f), substituted "Tables 1A and 1B and Tables 2A and 2B" for "Table 1 and Table 2" and "parts per million" for "percent".