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Control and Prohibition of Air Pollution by Vehicular Fuels

Proposed Amendments:
Proposed New Rule:
Proposed Repeals
N.J.A.C. 7:27-25.1, 25.2, 25.3, 25.4, 25.8, 25.9, 25.11 and 30.13 and N.J.A.C. 7:27A-3.10
N.J.A.C. 7:27-25.8, 25.9 and 25.10
N.J.A.C. 7:27-25.6, and 25.7
Authorized by: Robert C. Shinn, Jr., Commissioner, Department of Environmental Protection
Authority: N.J.S.A. 13:1B-3, and 26:2C-1 et seq., specifically 26:2C-8
DEP Docket Number: 28-98-10/676

This proposal document is available in two formats:



Adobe Acrobat "Portable Document Format (PDF)"

WordPerfect 6.1 format

154 KBytes

131 KBytes


The correction notice is available in two formats:



Adobe Acrobat "Portable Document Format (PDF)"

WordPerfect 6.1 format

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NOTE: The public hearing will be held Monday, January 11, 1999 10:00 a.m., at:
New Jersey Department of Environmental Protection
401 East State Street - First Floor Hearing Room
Trenton, New Jersey


The SIP Revision--Waiver Request is available in two formats:



Adobe Acrobat "Portable Document Format (PDF)"

WordPerfect 6.1 format

168 KBytes

280 KBytes



Proposal to add a low emission gasoline program:

The New Jersey Department of Environmental Protection (the Department) is proposing to establish additional requirements for gasoline sold in New Jersey which would result in lower emissions of the ozone precursors known as volatile organic compounds (VOCs) and oxides of nitrogen (NOx) as part of a new, two-phase low emission gasoline program. The proposal would establish emission standards for VOCs in Phase I and would establish emission standards for both VOCs and NOx in Phase II of this program. Phase I standards would be in effect for the ozone seasons (May 1 through September 15) for the years 1999 through 2002, inclusive, but would be delayed in 1999 until June 1, 1999; Phase II standards would be in effect for the ozone seasons, 2003 and thereafter. During Phase I, a fuel volatility standard is proposed as an alternative to meeting the VOC emission performance reduction standard. These standards are more stringent than those for the federal reformulated gasoline (RFG) program which is currently in effect throughout New Jersey.

The Department is proposing this program in furtherance of the State's efforts to attain and maintain the National Ambient Air Quality Standard (NAAQS) for ozone. Specifically, Phase I of this program will partially address the needs of the State to maintain sufficient near term progress in VOC emission reductions to attain the ozone standard. It will also serve as a transition to Phase II of this program. Phase II will partially address the projected uncertainty in New Jersey's Phase 2 Ozone SIP as to the additional emission reductions needed to assure attainment with the one-hour NAAQS for ozone by the year 2007, and the anticipated further emission reductions needed for attainment of the recently-adopted eight-hour standard for ozone.

Proposed Ozone SIP revision:

The Department has submitted to the EPA a proposed revision to New Jersey's Ozone SIP to reflect the proposed establishment of the low emission gasoline program. As is mentioned above, the proposed new fuel requirements are different from, and more stringent than, the RFG requirements currently in effect in New Jersey. Because the Department is proposing fuel requirements that are not identical to those established by the EPA at 40 C.F.R. Part 80, the State has prepared a proposed revision to its Ozone SIP which includes an application to the EPA for a waiver of the prohibition against the promulgation of non-identical gasoline formulation requirements, set forth at section 211(c)(4)(A) of the Clean Air Act (CAA). As provided in section 211(c)(4)(C), the application for this waiver is based on a showing that these non-identical fuel requirements are necessary for the State to achieve the NAAQS for ozone. Specifically, the State has determined that the additional emission reduction benefits that these new standards would generate will be necessary to (1) meet the new eight-hour NAAQS for ozone and (2) address in part the uncertainty in attaining the one-hour NAAQS.

There will be a public hearing on the Low Emission Gasoline Program proposal and the proposed Ozone SIP revision at 10:00 A.M. on Monday, January 11, 1999 at:

Department of Environmental Protection
First Floor Hearing Room
401 East State Street
Trenton, New Jersey

Please note that the date of this hearing was originally announced incorrectly as Friday, December 18, 1998.

Written comments will be accepted on the corrected proposal and on the proposed SIP revision until close of business January 14, 1999 as indicated in the proposal.

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