Search Site
Menu

Governor Murphy’s NJDEP Proposes New Rule to Limit Carbon Dioxide Emissions

New Jersey Governor Phil Murphy’s administration proposed a new rule to combat greenhouse gas emissions, just before the start of his second term in office. The New Jersey Department of Environmental Protection proposed its strongest set of greenhouse gas regulations to date under the state’s climate change initiative, NJ PACT: New Jersey Protecting Against Climate Threats.

The proposed new NJPACT rule, proposed on December 6, is part of NJDJEP’s implementation of 2007’s Global Warming Response Act, N.J.S.A. 26:2C-37 et seq. The rule, proposed N.J.A.C. 7:27F, “Control and Prohibition of Carbon Dioxide Emissions,” centers on limiting carbon dioxide emissions from stationary sources, with a three-part framework. First, the proposed rule limits carbon dioxide emissions from electric generating units (EGUs), which are the electricity generators used at power plants, either combustion or steam-generating equipment. These limits will become gradually stricter. Second, the rule proposes a presumption that, when they are no longer useful, some large fossil fuel-fired boilers should be replaced by electric boilers. Third, the rule proposes to ban the use and sale of No. 4 and No. 6 fuel oil. The NJDEP says the proposed rule, if adopted, will improve air quality in the state and “assist in setting expectations as we begin to decarbonize electric generation in New Jersey.”

Carbon dioxide limits on EGUs will affect 33 facilities in the state, for a total of 94 EGUs. The three-tiered limit system will first require the EGUs to emit no more than 1,700 lbs of carbon dioxide per megawatt hour of the gross energy input, by January 1, 2024. By 2027, these facilities will be limited to 1,300 lbs per megawatt hour, and by 2035, they will only be permitted to emit 1,000 lbs per megawatt hour. In addition, new EGUs will be limited to 860 lbs per megawatt hour for the largest units.

More entities will be impacted by the boiler electrification rule, if passed, since the boilers affected are used in apartment buildings, office buildings, manufacturing, commercial and institutional contexts. But functioning fossil fuel-fired boilers do not have to be replaced

Finally, the facilities that use No. 4 or No. 6 fuel oil will be banned from doing so as of its effective date. Fuel oil stored in the state before the effective date can be used or sold for two years.

A virtual public hearing is scheduled for February 1, 2022, and the public comment period will be open until March 6, 2022. Comments can be submitted here.

Our Attorneys

Recent Twitter Posts

  • Trenton Water Works has removed 25 percent of lead pipes throughout its service area. https://t.co/KUvhMsJlvU
    5 days ago
  • Opposition grows to big warehouses in small NJ towns. https://t.co/CMjgYaPMRP
    5 days ago
  • Groups plead with Governor Murphy to stop plans for new gas-fired power plant along the Passaic River in Newark. https://t.co/0yODyXEI3C
    5 days ago
  • Murphy Administration releases mapping tool to help NJ residents identify lead exposure risks in housing. https://t.co/oRL7gPVoeq
    2 months ago

Recent Blog Posts

Environmental Insurance Dispute to be Heard in New Jersey courts

On December 30, 2021 the Appellate Division of the Superior Court decided Getty Prop. Corp. v. St. Paul Fire & Marine Ins. Co. Getty Properties Corp. (“Getty”) filed an appeal
Read More
Environmental Insurance Dispute to be Heard in New Jersey courts

Governor Murphy’s NJDEP Proposes New Rule to Limit Carbon Dioxide Emissions

New Jersey Governor Phil Murphy’s administration proposed a new rule to combat greenhouse gas emissions, just before the start of his second term in office. The New Jersey Department of
Read More
Governor Murphy’s NJDEP Proposes New Rule to Limit Carbon Dioxide Emissions

Municipal Clerk can Accept Electronic Signatures

On November 30, 2021, the Appellate Division further enforced and upheld a new staple of the Covid-19 world: electronic signatures. In Township Of Montclair Committee of Petitioners et al. v.
Read More
Municipal Clerk can Accept Electronic Signatures

Appellate Division Declines to Allow Developer’s Four-Month-Late DOT Permit Appeal, Citing No Change in Circumstances

A Maple Shade Township developer’s appeal of permit conditions was untimely when they appealed four months past the deadline and without any change in circumstances justifying deadline relaxation, the Appellate
Read More
Appellate Division Declines to Allow Developer’s Four-Month-Late DOT Permit Appeal, Citing No Change in Circumstances

In the media

  • Gulf Coast Town Center facing foreclosure

    Naples Daily News, September 16, 2015

    Wells Fargo filed a lawsuit Sept. 8 against an affiliate of CBL & Associates, the owners of the decadeold, 1.2 million-square-foot mall in south Fort Myers for a $190.9 million unpaid loan. The center has 94 stores on 204 acres, with such anchors as Super Target, Belk, Best Buy, Dick’s Sporting Goods, Marshalls and Costco...

    Read More
  • Town liable for private company's leaking underground tanks, court rules

    NJ.com Jul 26, 2017

    CRANFORD -- A couple that owned a businesses in town and became sick from leaking underground tanks owned by an adjacent business can sue the township for damages because the tanks were partially ...

    Read More
  • Dark Waters: How a Class Action Catapulted NJ to Forefront of 'Forever Chemicals' Battle

    NJ Law Journal Jan 09, 2020

    As property owners become increasingly aware of PFAS contamination, and as individuals exposed to PFAS learn of the health risks associated with exposure, liability will likely affect entire supply chains.

    Read More
  1. 1
  2. 2
  3. 3
  4. 4
  5. 5
Contact Our Firm

Quick Contact Form