DEP Rule Will Lead to More GHG’s and Air Pollution

The NJ Sierra Club submitted comments to the DEP opposing their proposed General Operating Permit (GOP-009). This general permit allows for the construction, installation, reconstruction, modification and operation of: A single boiler with a maximum rated heat input to the burning chamber greater than or equal to 10 million BTU/hr and less than 50 million BTU/hr; OR Multiple boilers with a maximum rated heat input to the burning chamber greater than or equal to 10 million BTU/hr and less than 50 million BTU/hr each.

 “At the same time Governor Murphy is moving forward on an EMP and says he is committed to reducing GHG’s, the DEP has come up with a rule that is a blank check to polluters operating with boilers. We oppose the DEP rule allowing for a General Operating Permit for Boilers. We have serious concerns about increased air pollution and GHG emissions. New Jersey has the authority to have its own requirements for boilers for not only CO2 and GHG’s, but for sulfur dioxide, nitrous oxide, and hazardous air pollutants however under the permit, there are no state standards adhere to, they may be able to default to weaker federal standards. Under the rule, there are also no standards for combustion efficiency, energy efficiency, or requirements to maintain a boiler,” said Jeff Tittel, Director of the New Jersey Sierra Club. “We should be boiling mad that DEP’s rule does not regulate GHG’s and will add more air pollution in our air. We are in a climate crisis and this rule goes directly against any efforts to reduce our climate impacts.”

A “General Permit” (GP) is a uniform permit that applies to and spells out standard requirements for an entire category of pollution sources. There are no public participation requirements for a General Permit. The permit is for industrial sized boilers. For context, a 50 million BTU/hour boiler would consume about 350 gallons of oil per hour (at 140,000 BTUs per gallon) According to CO2 emission factors of the Energy Information Administration, fuel oil emits about 173 pound of CO2 per million BTUs.

 “While Governor Murphy says we have to get to clean energy, these boilers are old, dirty and polluting. They can burn close to 150 gallons of oil per hour, adding more SOx and NOx and even more C02 per lb. than gasoline. Mercury and hazardous pollutants like mercury, chromium, and lead are emitted from these boilers as well. One boiler can produce around 40,000 metric tons of C02 per year, which is very concerning, especially since we still don’t know how many boilers there are. There is no analysis of GHG emissions or if DEP will regulate GHG requirements under the Global Warming Response Act,” said Tittel. “Giving facilities a GP also limits public participation in the permit process and is instead streamlined. DEP should not be limiting transparency on a rule that can lead to facilities emitting harmful pollution into our air.”

This General Permit is applicable to boiler(s) burning Natural Gas and or No. 2 Fuel Oil however only during periods of gas curtailment, gas supply emergencies or periodic testing as listed in the Facility Specific Requirements Item No. 15. Natural gas combustion boilers are used to generate industrial electric power, produce industrial process steam and heat, and heat residential and commercial space. The emissions from fuel oil-fired boilers include particulate matter (PM), sulfur dioxide (SO2), nitrogen oxides (NOx), carbon monoxide (CO), small amounts of volatile organic compounds (VOC), and trace elements. The emissions from natural gas-fired and liquefied petroleum gas-fired boilers include NOx, CO, CO2, methane, nitrous oxide, VOCs, trace amounts of SO2, and PM.

“DEP does not have data on how many boilers there are. but we know they are in Environmental Justice Communities. Therefore granting DEP’s boiler permit goes directly against Governor Murphy’s EO 23 on EJ communities and his EO 28 on reducing GHG’s and climate impacts. The EMP even calls for the DEP to use less fossil fuels for heating whether it is gas or oil, this permit goes against the draft Energy Master Plan. It will allow for major increases in air pollution for industrial processing,” said Tittel. 

DEP’s proposed rule lacked requirements for state-of-the-art pollutions controls, or the best available practices, or even latest available. There is also no data provided on optimal or actual proficiency for these boilers.

“New Jersey is home to top manufacturers who are building the highest efficiency boilers in the country. It is critical that DEP require facilities to use boilers with a minimum requirement of 95% efficiency. More importantly, DEP need to withdraw their proposal for a GP on boilers. It will only allow for major increases in air pollution for industrial processing. Instead DEP should develop standards on efficiency, air and carbon, while holding facilities using gas and oil boilers accountable,” said Jeff Tittel, Director of the New Jersey Sierra Club.