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Governor Christie Is Committed To Protecting New Jerseys Air

It is a priority of this Administration to achieve improved air quality for all residents of New Jersey and we are taking decisive action to hold out-of-state polluters accountable when they violate the Clean Air Act. Just today we joined an appeal with the federal government against one of the most polluting power plants in the nation, Homer City Station. Instead of participating in lawsuits just for the sake of appearances and giving the illusion of action, we are making a real difference in the fight against the most polluting power plants in the nation. Governor Chris Christie, Statement on the decision not to participate in Cross State Air Pollution Rule lawsuit, November 7, 2011

The Christie Administration Is Pursuing Legal Action AgainstOne Of The Most Polluting Power Plants In The Nation: New Jersey joined New York, Pennsylvania and the U.S. government in a lawsuit against Homer City Station, a 1,884megawatt power plant in western Pennsylvania that is one of the most polluting power plants in the nation.

The facility emits more than 100,000 tons of sulfur dioxide (SO2) annually, which leads to the creation of fine particulate matter, which is carried eastward by prevailing winds towards New Jersey, and contributes to acid rain. The States legal action alleges that current and past owners of the Homer City Station violated the federal Clean Air Act by failing to install required state-of-the-art pollution controls when the plant underwent major modifications. New Jersey is seeking an injunction prohibiting further operation of the plant except in accordance with the Clean Air Act; civil penalties for past and ongoing violations; and mitigation of harm caused by illegal emissions.

Note: The lawsuit was dismissed on October 12, 2011. The Christie Administration is appealing the decision.

Governor Christie: We are deeply disappointed by the federal judges ruling. New Jersey is adversely impacted by air pollution that comes from this coal-fired power plant in Pennsylvania that is one of the most polluting power facilities in the nation, and which negatively impacts the health and welfare of our residents. This Administrations commitment to the improvement of air quality remains a top priority, and that includes targeting some of the most prolific out-ofstate air polluters. Department of Environmental Protection Commissioner Bob Martin: Even though the Homer City power plant in western Pennsylvania is hundreds of miles away, its emissions affect public health and environment here in our state. The federal Clean Air Act requires plants like this to install the best available devices to reduce emissions and protect the public health. We intend to see that occurs.

The Christie Administration Is Taking The Lead To Force Allegheny Energy To Curb Emissions Negatively Impacting New Jerseys Air: New Jersey along with Connecticut, Maryland, New York and Pennsylvania filed a lawsuit seeking to require Greensburg, Pa.based Allegheny Energy Inc. and its subsidiaries to install pollution-control equipment, as required by the federal Clean Air Act and Pennsylvania law, to reduce emissions of sulfur dioxide and nitrogen oxide at three power plants.

An analysis of emissions prepared in conjunction with the lawsuit shows that three plants emit nearly 200,000 tons of sulfur dioxide and nitrogen oxide annually. Prevailing wind carries pollutants from these plants to the east, causing ozone smog pollution and acid rain in all five states. The lawsuit asserts that Allegheny undertook several construction projects over the years to extend the operational lifespan of these plants without complying with federal standards. New Jersey and the other states are seeking injunctive relief to require Allegheny to reduce its harmful emissions by installing state-of-the-art pollution controls at each of the three plants. o The state is also seeking civil monetary penalties and an order for Allegheny to take appropriate actions for the harm done to public health and the environment.

DEP Commissioner Martin: "Governor Christie and I are committed to improving the state's air quality, even when it means having to fight in federal court to hold power companies in other states accountable to the same high standards and pollution control technologies we require here in New Jersey.

NJ Attorney General Paula Dow: "Air quality is a critical issue in New Jersey, and violations of the Clean Air Act that affect our air quality will not be tolerated. We are committed to working with DEP to protect our residents from potentially harmful contaminants emitted by out-of-state energy plants. We are equally committed to using litigation where necessary to hold companies that operate those plants in violation of federal law accountable." The Christie Administration Successfully Petitioned The EPA To Force A Pennsylvania Power Plant To Reduce Harmful Emissions: The Environmental Protection Agency approved New Jerseys Clean Air Act petition and will force a Pennsylvania coal-fired power plant to dramatically reduce harmful air pollutants. The Christie Administrations Section 126 Petition, filed in March 2010, will reduce air emissions from the GenOn Energy power plant in Portland, Pennsylvania, which currently spews more than 30,000 tons of sulfur dioxide (SO2), plus mercury and many other contaminants into the air across the Delaware River and directly onto residents living in communities in Warren County, and negatively impacting air quality in Morris, Sussex and Hunterdon counties.

DEPs and EPAs air quality modeling analyses showed that the level of sulfur-dioxide in the air is exceeding the national air quality standard and that the Portland plant is the main source of emissions. The plant will be required to reduce emissions by 60 percent within 12 months and 81 percent within 3 years. This is the first single-source 126 Petition the federal agency has granted -- the first time it has granted a petition for a power plant bordering another state.

Governor Christie: This is a major step towards our continuing commitment to improving air quality for all residents of New Jersey. The EPA made clear that harmful emissions from a Pennsylvania coal-fired power plant will not be tolerated. By giving our request serious consideration and partnering with us to act, we are providing real solutions to a matter that has long been a public health concern for so many of our residents. DEP Commissioner Martin: I commend the federal government for taking positive action on the States petition. Most important, this is a win for the public health and welfare of North Jersey residents, and especially people in Knowlton Township and Warren County, who have long been directly in the path of these unhealthy emissions. That situation is not acceptable.

Governor Christie Issued Executive Order to Reduce Diesel Emissions At Construction Sites: Governor Chris Christie signed Executive Order No. 60 that targets air pollution caused by diesel engines used on major transportation construction projects with the ultimate goal of improving air quality for those living near construction sites.

It directs the Department of Environmental Protection and Department of Transportation to create a diesel emission retrofit Pilot Program for construction equipment. The program will retrofit 175 pieces of equipment within three years. o Upon completion of the pilot project in 2014, the DEP and DOT will conduct a stakeholders' process to determine if the project should continue and/or expand. A report and recommendation will be submitted to the Governor. E.O. 60 orders that diesel construction equipment of more than 100 horsepower used in State projects meet stringent standards or be retrofitted to achieve at least an 85 percent reduction in particulate matter emissions. o The first phase of the new diesel program will focus on DOT projects in urban areas. o Retrofits are being financed by $2.5 million in DEP grants from State and Federal air quality mitigation funds. o Non-road diesel construction equipment generates approximately one-third of the toxic mobile source diesel particulate matter emissions in New Jersey -- more than any other mobile source sector.

Governor Christie: The cumulative effect of multiple sources of pollution, including diesel exhaust, is a major health impact in communities across the Garden State. Exhaust from older diesel-powered vehicles and equipment is a source of these harmful pollutants especially in congested urban areas. With this Executive Order, were focused on reducing diesel emissions to help resolve this serious public health issue that disproportionately affects residents in these areas.

The Christie Administration Took Action To Reduce Sulfur Content In Home Heating Oil: The Christie Administration has taken an important step toward improving air quality and protecting public health in New Jersey by adopting rules requiring significant reductions in sulfur content for home heating oil and other types of fuel oil used in the state:

A new maximum sulfur content standard of 500 parts per million for home heating oil and lighter grade fuel oil will take effect on July 1, 2014. A second phase of more stringent standards to reduce sulfur to 15 parts per million will take effect on July 1, 2016. o That is down from current maximums of 2,000 to 3,000 parts per million. The new rules affect refineries, fuel oil storage facilities, fuel oil distributors and fuel oil users, including commercial, industrial and residential users. The administration has ensured the refining industry has enough time to make the needed changes without causing disruption in the fuel supply or spikes in prices by providing almost 6 years to phase in the new standard. o A limited exemption has been proposed to provide up to a 1 year extension for the interim 500 ppm standard to avoid two refinery turnarounds.

Under the States new rules, home heating oil must be as clean as ultra low sulfur diesel fuel (ULSD) currently available for diesel vehicles.

The tougher sulfur rules will help New Jersey meet the National Ambient Air Quality Standards for fine particles, sulfur dioxide and ozone, as well as meet improved visibility goals of the Mid-Atlantic and Northeast Visibility Union. Sulfur dioxide, which is formed from burning fuel containing sulfur, plays a major role in fine particulate formation, acid rain and reduced visibility.

DEP Commissioner Martin: This rule is an important component of New Jerseys plan to reduce air pollution and improve public health and welfare, which are priorities of the DEP. This will markedly reduce sulfur dioxide, particulate and nitrogen oxide emissions, making New Jersey a much healthier place to live. New Jerseys First-In-The-Nation Grant Program Is Helping Remove Thousands Of Pounds Of Pollutants Caused By Dry Cleaners From The Air: The Christie Administrations first-in-the-nation grant program finances replacement of dry cleaning machines that use harmful chemicals with new, environmentally friendly models.

In 2010, the DEP established a $5 million fund for the cleanup program. The program targets machines that use the chemical perchlolroethylene (PCE) for replacement or upgrades, with a goal of reducing the amount of the toxic chemical emitted into the air by as much as 450 tons a year. There are 1,600 dry cleaning facilities operating in New Jersey, and 1,100 utilize PCE as a dry cleaning solvent.

Governor Christies Commitment To Renewable Energy Is Paying Dividends For New Jerseys Environment:

New Jersey is 1st in the nation for installed commercial solar capacity, according to the Solar Energy Industries Association. According to the Department of Energy, New Jersey has the 7th highest Renewable Energy Portfolio Standard in the nation at 22.5%. o Nationally, 14 states maintain no renewable energy standard whatsoever; New Jersey has 11,245 solar energy projects installed across the state providing over 430 MW of installed capacity. Governor Christies draft 2011 Energy Master Plan commits to no new coal-fired plants in New Jersey, ensuring that additional generation capacity comes from cleaner sources.

Wind Achievements:

Accelerated development of offshore wind projects through close coordination with the federal government to speed implementation of at least 1,100 MW of wind turbines; Joined with the federal government and fellow East Coast states to establish the Offshore Wind Consortium to promote commercial wind development on the Outer Continental Shelf of the East Coast; Provided "areas of interest" to the US Department of the Interior, enabling the subsequent federal "Call for Nominations" for wind project leases off the Jersey coast, which garnered 11 project proposals representing a combined 12,500 megawatts of green energy capacity; Signed the Offshore Wind Economic Development Act to provide financial assistance and tax credits to businesses that construct manufacturing, assembly and water access facilities that support offshore wind projects; Completed a first-of-its-kind, two-year baseline study that identifies environmentally optimal sites for offshore wind turbines.

Solar Achievements:

New Jersey has one of the nations most robust and mature Solar Renewable Energy Certificate (SREC) markets, which along with the best availability for long-term SREC contracts makes project finance much easier to attain; For the first quarter of 2011, New Jersey installed 42 MW of solar, representing 49% growth over first quarter 2010; The state has become a market primarily for non-residential projects over 100 kW; New Jersey is home to the largest rooftop solar array in the country, Gloucester Marine Terminal, at just over 9MW, 1 million square feet of panels, $42 million project, which powers 80% of the ports refrigeration and freezer warehouses; New Jersey Meadowlands Commission (NJMC) has begun construction on a project to transform a closed Commission landfill into a productive solar farm that will generate up to 3 MW of renewable, cost-efficient electricity, expected to be placed in service during the fourth quarter of 2011.