NJDEP to Add H2S, 1-BP, and Sulfuryl Fluoride to HAP List, Add 13 Contaminants to Emission Statement Program

On March 1, 2021, the New Jersey Department of Environmental Protection (NJDEP) announced multiple proposed rules and amendments in continuation with their efforts to address air contaminants in New Jersey.  The proposed rulemaking clarifies regulations on fumigants and fumigation operations by determining emissions based on potential to emit (PTE) rather than the historically used weight of raw materials.  The proposed changes add Toxic Air Pollutants (TAP) to the list of compounds that must be reported on annual emissions statements.

Additionally, NJDEP is proposing to regulate three substances that are not currently federally listed as Hazardous Air Pollutants (HAP) (regulated under N.J.A.C. 7:27-17):

• hydrogen sulfide (H₂S),
• 1-Bromopropane (1-BP), otherwise known as n-propyl bromide (nPB), and
• sulfuryl fluoride

Sulfuryl fluoride is a commonly used fumigant that is not considered a HAP (two other common fumigants are methyl bromide and phosphine).  Regulating sulfuryl fluoride, in conjunction with stack venting requirements for fumigation to achieve negligible risk, will result in a much more stringent air permitting process for fumigation operations.

While fumigation operation emissions are the target of some of proposed rules, the addition of H₂S and nPB as TAP could significantly impact operations well outside of the scope of fumigation.  Specifically, the regulation of H₂S would have sweeping impacts on facilities such as landfills, wastewater treatment facilities, and sewage incinerators.  The proposed reporting threshold for H₂S is 90 lb/yr, with a State of the Art (SOTA) threshold of 10,000 lb/yr.  This change would force facilities with existing Title V Operating Permits (TVOP) to calculate the H₂S PTE emissions, and any facilities that exceed the reporting threshold would need to add the H₂S emissions rate to the next permit renewal or modification.  If the facility exceeds the 90 lb/yr threshold, they would be subject to risk screening upon minor or significant modification to the existing permit.  Additionally, these facilities would need to add H₂S to their annual emissions statement.  Any facility exceeding the SOTA thresholds would be required to complete a SOTA analysis to evaluate the available control technologies.  As many landfills and sewage incinerators would likely exceed this number, economically strenuous control measures for the capture and control of H₂S emissions may be required.

The addition of nPB as a TAP presents its own set of challenges that will impact a large range of facilities.  Commonly, nPB is a solvent used in dry cleaning and degreasing, and has often replaced trichloroethylene (TCE), which is currently listed as a federally regulated HAP.  There have been efforts to add nPB to the list of federally regulated HAP, and the United States Environmental Protection Agency (U.S. EPA) granted petitions to add nPB in June 2020.  This is the beginning of the process for establishing regulatory requirements for nPB, likely under 40 CFR Part 63 Subpart T – National Emission Standards for Halogenated Solvent Cleaning.  This process may take several years, but it appears as though NJDEP is getting out ahead by subjecting nPB to its TAP regulations.

The NJDEP proposed revisions pertaining to the Control and Prohibition of Air Pollution by Volatile Organic Compounds (VOC) and HAP as well as changes to the reporting of emissions statements impact rules in the State Implementation Plan (SIP) for attainment and maintenance of the National Ambient Air Quality Standards for ozone.  As such, these revisions will be reviewed by U.S. EPA.

The final major change that facilities can expect from the proposed rules is in regard to emissions statements.  NJDEP has continued their efforts to add air toxics to the required compounds for Annual Emissions Statements, here adding 13 air contaminants to the emission statement program.  This means that all facilities required to submit an emissions statement must evaluate the PTE for those pollutants at the facility level, beginning with reporting year 2021, to be submitted in 2022.  This change does not require any facility to reduce its emissions, but NJDEP hopes this will result in voluntary reduction of these contaminants.

ALL4 will continue to track these regulatory developments and provide updates to help stakeholders prepare and strategize.  If you have questions about how this proposed rule may affect you, please contact your ALL4 Managing Consultant or Morgan Gray at mgray@all4inc.com.