DEP Draft Emissions Rules Fall Short

From the April - June 2022 Jersey Sierran

 

Each year in New Jersey, over 100 million metric tons (MMT) of carbon dioxide equivalent (CO2e) greenhouse gases pour into the atmosphere from industry, generating plants, heating systems, and the transportation sector. 

The state Department of Environmental Protection (DEP) has formulated draft rules to curb these emissions, but these fall well short of what is needed. The rules would affect fossil fuel–fired electricity generating plants, commercial and industrial fossil fuel–fired boilers, and use of No. 4 and No. 6 fuel oils. Among fossil fuel plants, gas–fired generators contribute 83% of the state’s total CO2e emissions.

The draft rules would allow new plant construction and many exemptions that would cost us precious time in the effort to mitigate global warming. 

“New Jersey is in urgent need of COregulation. In theory, these rules are the best opportunity for the DEP to achieve the easiest and cheapest greenhouse gas emissions reduction possible, but they are too weak,” said our Chapter Director, Anjuli Ramos-Busot.

New Jersey’s Global Warming Response Act set a goal of reducing state greenhouse gas emissions by 80% of 2006 levels by 2050. This is known as the “80 x 50” target. In its draft rules, the DEP notes that annual emissions in the state must be reduced by 73 MMT CO2e by 2050. 

However, the DEP estimates that the rules would cut emissions from the electricity generating sector by just 2.5 MMT per year, “starting in 2035, when the rules are expected to be fully implemented.” 

Scientific evidence suggests there needs to be a 45% reduction in greenhouse gas emissions by 2030. This would limit overall global warming to 1.5̊ C; and in November 2021, the Murphy administration set a “50 x 30” target, or a 50% reduction by 2030. The DEP draft rules need substantial revision to help, and here’s why:

• Electricity generating plants would be exempt unless more than 50% of their heat input is derived from fossil fuel combustion. This could exempt incinerators and cogeneration plants.

• Electricity generating plants would be exempt if less than 10% of their annual electricity input is channeled to the grid. Many plants, such as at refineries, retain most, if not all, of their electricity generated; and New Jersey’s two refineries account for 56% of industrial CO2e emissions. 

• Only existing or new fossil fuel–fired plants with capacity of 25 MW or greater would have to comply with the DEP’s proposed CO2e emissions limits.

• Fossil fuel–fired boilers, used all over the state by public schools, universities, and the military, can be exempted if alternate forms of energy are determined to be “infeasible.” Also, boilers with maximum heat input of less than 1 million British thermal units per hour would not be affected; the DEP does not track these via permitting and has no count of how many there are.

• Incinerators would be exempt if they burn waste rather than fossil fuels, and burning of coal-derived gas, biogas, and landfill gas also would not be affected.  

Public comments on the proposed DEP rule changes will be accepted through March 6, 2022: www.nj.gov/dep/rules/comments