|
Region 2: New Jersey, New
York, Puerto Rico, U.S. Virgin Islands
For EPA related news and
events in Region 2,
click here.
New Jersey
MARCH 2011
On March 21,
the New Jersey Department of Environmental Protection notified industry
stakeholders that CAA185 penalty fees would not be assessed for facilities
located in the NY/NJ Metropolitan Air Quality Control Region.
NJDEP recently submitted a "clean data determination" based on the
latest emissions data for 2007-2009 that indicated that the region was in
compliance with the 1997 eight-hour NAAQS for ozone. The
NJDEP statement reflects only a preliminary determination for the region.
EPA must provide a formal notice and comment period before a final
attainment designation may be issued.
OCTOBER 2010
On October 7, the
New Jersey Offices of Emergency Management and Homeland Security & Preparedness
launched a voluntary
Essential
Employee Credentialing Project. This will enable companies to
register individual employees whom they consider essential and whose
responsibilities would require them to travel to a facility during a declared
State of Emergency. During November, implementation is planned for the
petroleum sector. Program coordinator Cindy Fullerton has indicated that the
first verification cards should be issued prior to year-end.
JANUARY 2010
On January 15, ILTA submitted
comments
to NJDEP regarding its proposal to lower the allowed sulfur level in numbers
1,2,3 and 4 distillate heating oil. Under the proposal, sulfur in home heating
oil would be limited to 500 parts per million (ppm) as of July 1, 2014, down
from 2,000 or 3,000 ppm. The proposal would further reduce the limit to 15 ppm
by July 1, 2016. Other states in New England and the mid-Atlantic region are
considering similar proposals.
VOC CONTROL
PLAN SUBMISSION DEADLINE - DECEMBER 1, 2009
NJDEP promulgated new
regulations for meeting ambient ozone standards. Facilities with VOC storage
tanks must submit a facility-wide VOC Control Plan to NJDEP December 1, 2009.
The rule also calls for:
-
Installation or upgrade of
VOC controls on storage tanks:
-
VOC controls for degassing
and cleaning operations:
-
Annual tank inspections
including measurements of VOCs; and,
-
Emission statements that
reports annual roof landing events.
To view the rule, please
click here.
· On
November 19, the New Jersey Department of Environmental Protection agreed to the
following language that clarifies “calendar year” reporting requirements for the
5 ton/year landing loss permit limit under the VOC RACT rule:
VOC (total):
Monitored by calculations each month during operation, based on one calendar
year. The owner or operator shall calculate the emissions resulting from
in-service floating roof landing for each tank (as defined at N.J.A.C.7:27-16.1)
each month during operation using the methodology described at AP-42, Chapter 7
(November 2006 or later version). The emissions for each month shall be added
to the emissions for the previous months of the calendar year. The procedure
will begin in January 2010. The emissions from months prior to January 2010
will not be used to determine compliance with this requirement. [N.J.A.C.
7:27-16.2(f) 6] and [N.J.A.C. 7:27-22.16(o)].
NOVEMBER
2009
NJDEP PROPOSED
RULEMAKING – On November 16, the NJDEP
issued a
proposed rulemaking that would reduce the maximum sulfur content and sulfur
dioxide emissions standards for fuel oil over the next six years. Under NJDEP’s
proposal, the first phase of implementation would take effect July 1, 2014,
reducing the sulfur content in home heating (No. 2) oil and lighter grade fuel
oil from over 2,000 ppm down to 500 ppm. The second phase would establish a 15
ppm standard, effective July 1, 2016. The proposed standards mark a significant
expansion beyond from existing EPA requirements for ultra-low sulfur diesel
fuels which do not apply to heating oil. No. 2 oil importers, manufacturers and
pipeline owners have indicated that compliance issues with the 15 ppm
requirements, could compromise heating oil supply to the region.
JANUARY 2009
NJDEP MAY ASSESS
MAJOR SOURCE FACILITIES WITH CAA 185 FEES
According to NJDEP, major facilities located in Bergen,
Essex, Hudson, Hunterdon, Middlesex, Monmouth, Morris, Ocean, Passaic, Somerset,
Sussex and Union counties will be assessed VOC and Nox emission fees in 2009
pursuant to the Clean Air Act Section 185 (CAA 185). This is based upon the
failure of the NY/NJ Metropolitan Air Quality Control Region to attain the 125
part-per-billion 1-hour National Ambient Air Quality Standard for Ozone by its
2007 attainment date.
Affected companies would be
assessed approximately $8,000 per ton of emissions that exceed 80 percent of
baseline emissions for 2008. Baseline emissions are considered the lower amount
of either allowable permitted emissions or 2008 actual emissions. NJDEP would
use annual emissions data to calculate the baseline emissions in the affected
areas and subsequent penalty fees for each company. NJDEP has proposed to send
initial year emission fee invoices in December, with payment due January 31,
2010. Annual penalty fees would be assessed until the area achieves
attainment. In its notice to industry, NJDEP acknowledged that new legislation
or rules may be required in order to collect CAA 185 fees.
AUGUST 2008
NJDEP Proposes New
Approach to Storage Tank Controls
On August 4, 2008, the New Jersey Department of Environmental Protection (NJDEP)
published a
proposed rule
to amend volatile organic compound (VOC) emissions and Reasonable Available
Control Technology (RACT) requirements for stationary sources, including
floating roof storage tanks.
Click here to view a summary of the proposed
VOC RACT requirements. Comments on the proposed rule are due October 3, 2008.
An initial summary of proposed
revisions were presented in a white paper entitled “VOC
004 – Floating Roof Storage of Petroleum Products.”
On May 11, 2007, ILTA members and other New Jersey storage tank operators met
with NJDEP Director Bill O’Sullivan regarding proposed actions on new VOC
storage tank emission rules. Participants in the May meeting subsequently
funded a
comment letter based on elements within the white paper.
EPA Monitoring Emissions
Using Infrared Technologies
EPA has been using infrared technology in order to identify emissions sources in
the states of Colorado, Louisiana and Texas. As of August 2008, ILTA terminal
member companies have reported that the technology is also being used in the
states of New Jersey, Connecticut and Delaware. For more information, please
click here.
New York
JULY 2010
NY Governor Signs Legislation
Requiring Oil Industry to Provide Cleaner Heating Fuels – On July 20, New York’s
Governor, David Paterson, signed legislation that requires home heating oil to
contain no more than 15 ppm sulfur by July 2010. One significant unintended
consequence of the new law is that 15 ppm distillate fuel is viewed by the NY
Department of Tax and Finance as “enhanced diesel fuel,” thereby subjecting it
to an additional highway-use tax of 40-cents per gallon. Under the new law,
heating oil customers will be required to pay this tax upon the purchase of
their fuel, and later seek a refund on the basis of using a cleaner fuel for
home heating oil. For more information,
click here.
ILTA Resubmits Comments on NY’s Low
Sulfur Heating Oil Proposal – On July 9, ILTA re-submitted
comments to New York’s governor continuing to oppose the state legislature’s
bill to lower allowable sulfur level in distillate heating oil.
January 2010
Comments on
NY’s Low Sulfur Heating Oil Proposal:
On January 15, ILTA submitted
comments to New York State Senate regarding its proposal to lower the
allowed sulfur level in numbers 1,2,3 and 4 distillate heating oil. Under the
proposal, sulfur in home heating oil would be limited to 15 parts per million (ppm)
by January 2011. Other states in New England and the mid-Atlantic region are
considering similar proposals.
JANUARY 2009
Counties in Southeastern New
York May Be Subject to CAA 185
Clean Air Act 185 requirements
may apply to several counties in New York, given the NY/NJ Metropolitan Air
Quality Control Region failed to meet the 125 part-per-billion 1-hour National
Ambient Air Quality Standard for Ozone by its 2007 attainment deadline. These
counties include:
-
Bronx
-
Kings
-
Nassau
-
New York
-
Orange
-
Queens
-
Richmond
-
Rockland
-
Suffolk
-
Westchester
To date, New York has not
taken any steps towards enforcement of the CAA 185 provisions. For more
information on CAA 185, click here.
|
