New Jersey Administrative Code
Title 7 - ENVIRONMENTAL PROTECTION
Chapter 27 - AIR POLLUTION CONTROL
Subchapter 9 - SULFUR IN FUELS
Section 7:27-9.2 - Sulfur content standards

Universal Citation: NJ Admin Code 7:27-9.2

Current through Register Vol. 56, No. 6, March 18, 2024

(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 GradesClassificationParts per Million by Weight (ppm)
of Fuel Oilby SSU Viscosity at 100[degrees]F
Zone 1Zones 2 &5 Zone 3Zones 4 & 6
No. 2 &Less than or3,0003,0002,0002,000
lighterequal to 45,
including gases
No. 4Greater than 4520,0007,0003,0003,000
but less than 145
No. 5, No. 6 & heavierEqual to or greater than 14520,00010,0005,0003,000
TABLE 1B
MAXIMUM ALLOWABLE SULFUR IN FUEL EFFECTIVE JULY 1, 2014 AND JULY 1, 2016

Typical GradesClassificationParts per Million by Weight (ppm)
of Fuel Oilby SSU Viscosity at 100[degrees]F
Zone 1Zones 2 & 5Zone 3Zones 4 &6
No. 2 &Less than or500500500500
lighterequal to 45,
(effective Julyincluding gases
1, 2014 through
June 30, 2016)
No. 2 &Less than or15.015.015.015.0
lighterequal to 45,
(effective Julyincluding gases
1, 2016)
No. 4Greater than 452,5002,5002,5002,500
(effective Julybut less than 145
1, 2014)
No. 5, No. 6 &Equal to or5,0005,0005,0003,000
heaviergreater 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

TypicalClassificationSO[2] Emissions (lbs per million BTU)
Grades of Fuel Oilby SSU Viscosity at 100[degrees]F
Zone 1Zones 2 & 5Zone 3Zones 4 & 6
No. 2 &Less than or0.320.320.210.21
lighterequal to 45,
including gases
No. 4Greater than 452.100.740.320.32
but less than 145
No. 5, No. 6Equal to or2.101.050.530.32
& Heaviergreater than 145
TABLE 2B
MAXIMUM ALLOWABLE SULFUR DIOXIDE EMISSIONS EFFECTIVE JULY 1, 2014 AND JULY 1, 2016

Typical GradesClassificationSO[2] Emissions (lbs per million BTU)
of Fuel Oilby SSU Viscosity at 100[degrees]F
Zone 1Zones 2 & 5Zone 3Zones 4 & 6
No. 2 &Less than or0.05300.05300.05300.0530
lighterequal to 45,
(effective Julyincluding gases
1, 2014 through
June 30, 2016)
No. 2 &Less than or0.001600.001600.001600.00160
lighterequal to 45,
(effective Julyincluding gases
1, 2016)
No. 4Greater than 450.2600.2600.2600.260
(effective Julybut less than 145
1, 2014)
No. 5, No. 6 &Equal to or0.5300.5300.5300.320
Heaviergreater 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.

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