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State of New Jersey Department of Environmental Protection
State of New Jersey Department of Environmental Protection

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NJ DEPARTMENT of ENVIRONMENTAL PROTECTION
Environmental Regulation
Office of Air Quality Permitting

Notice of Rule Proposal
Reclassification of CO2 as an Air Contaminant, N.J.A.C 7:27-22.1; 7:27-8.1; 7:2717.1; 7:27-19.1

Public Notice
Take notice that the NJ Department of Environmental Protection is proposing rule amendments. A statement of the substance of the proposal follows:

Potential future regulation of CO2 will require reclassification of CO2 as an air contaminant by removing it from the list of chemical species currently defined as distillates of air at N.J.A.C. 7:27. The Department currently defines by default as air contaminants the other five significant greenhouse gases, as defined by the Intergovernmental Panel on Climate Change, through the omission of these chemical species in the definition of distillates of air at N.J.A.C. 7:27.

The rule proposal would amend N.J.A.C. 7:27-8, Permits and Certificates for Minor Facilities; N.J.A.C. 7:27-17, Control and Prohibition of Air Pollution by Toxic Substances; N.J.A.C. 7:27-19, Control and Prohibition of Air Pollution from Oxides of Nitrogen; and N.J.A.C. 7:27-22, Operating Permits, by replacing the current obsolete and technically inaccurate definition of distillates of air at N.J.A.C. 7:27-8.1, 7:27-17.1, and 7:27-19.1, and defining distillates of air at 7:27-22.1. This revised definition would exclude CO2 from the list of chemical species defined as distillates of air and would therefore classify CO2 as an air contaminant.

The rule proposal will also include a formal determination by the Department that regulating CO2 is in the best interest of human health, welfare, and the environment. The Department’s determination is based on compelling scientific evidence of existing and projected adverse impacts due to climate change on the environment, ecosystems, wildlife, human health, and enjoyment of life or property in the State.

The proposal is scheduled to be published in the New Jersey Register dated October 18, 2004. A copy of the proposal is available from: The Department's web site or Christopher Sherry, NJDEP, Division of Science, Research, and Technology, 609-292-6818.

A public hearing concerning the proposal is scheduled as follows:

November 22, 2004 at 1:00 p.m.
New Jersey Department of Environmental Protection
Hearing Room—First Floor, East Wing
401 E. State Street
Trenton, NJ 08625

Written comments may be submitted by January 16, 2004 to:

NJ Department of Environmental Protection
Alice A. Previte, Esq.
ATTN: DEP Docket No. 21-04-09/476
Office of Legal Affairs
PO Box 402
Trenton, New Jersey 08625-0402

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