New Jersey

Current Regulations: Federal RFG is required throughout the state, summer and winter.

Signed by the Governor on August 18, 2005, S 2018 bans MTBE, more than 0.5 vol%, in gasoline, effective 1/1/09. See P.L. 2005, Chapter 192.

A 3182, approved 9/7/05, requires the use of ultra-low sulfur diesel (ULSD) in on-road vehicles (excluding a private passenger automobile) on and after 10/15/06 or the date set by the U.S. EPA as the retail compliance date for the federal highway ULSD program.The NJ Department of Environmental Protection (DEP), after a public hearing, shall determine if there are sufficient supplies of ULSD in NJ to require only ULSD to be sold in NJ on and after 1/15/07. If NJ DEP determines that there would be sufficient supplies, then no diesel other than ULSD may be sold in NJ after the 180thday after NJ DEP makes this determination or 3 months after the U.S. EPA retail compliance date for the federal highway program, whichever is later. This does not apply to farm vehicles or agricultural equipment. See P.L. 2005, Chapter 219, C.26:2C-8.50. The U.S. EPA postponed the retail compliance date for the federal highway ULSD program to 10/15/06.The NJ Department of Environmental Protection held a hearing on March 5, 2007.

Signed by the Governor on 8/22/06, S 1796 deletes the requirement to use only ULSD in all on-road diesel vehicles on and after 10/15/06, and changes the supply analysis to evaluate a minimum of 80% of all diesel in NJ be ULSD. See P.L. 2006, Chapter 94.

In a letter dated 10/31/12, EPA issued a waiver to allow the use of high sulfur heating oil in mobile nonroad generators or pumps used for emergency purposes in NJ through 11/13/12. This was extended to November 20 on 11/13/12 and to December 7 on 11/19/12.

In another letter dated 10/31/12, EPA issued a waiver to allow conventional gasoline and to relax commingling restrictions through 11/20/12 because of Hurricane Sandy.

In a letter dated 11/1/12, EPA issued a limited waiver to allow the sale, distribution and use of high sulfur diesel with several restrictions through 11/20/12 because of Hurricane Sandy.

On 11/16/12, EPA extended the gasoline and diesel waivers through 12/7/12.

The NJ Department of Environmental Protection promulgated fuel oil sulfur limits: 500 ppm by 7/1/14 and 15 ppm by 7/1/16 for No. 2 and lighter; 2,500 ppm for No. 4; and 5,000 ppm for parts of the state for No. 5 and heavier fuel oil (see 9/20/10 issue of the New Jersey Register).

In a letter dated 9/16/16, EPA waived the federal RFG requirements until 10/6/16.  

In a letter dated 11/3/16, EPA waived the federal RFG requirements through 11/23/16. 

In a multi-state letter dated 8/31/17, to address a fuel supply emergency caused by Hurricane Harvey, EPA waived RFG requirements and allowed 11.5 psi RVP gasoline throughout the state through September 15.  In a multi-state letter dated 9/7/17, EPA extended the RFG waiver through September 26.  

Legislature: A 4352 and S 3150, introduced in December 2009, would cap sulfur content in all heating oil at 15 ppm on 7/1/11 and require biobased liquid fuel derived principally from renewable biomass in all heating oil (3% by 7/1/11, 4% by 7/1/12, 5% by 7/1/13).

A 1054 (introduced in January 2010) and S 1414 (introduced in February 2010) would cap sulfur content in all heating oil at 15 ppm on 7/1/11 and require biobased liquid fuel derived principally from renewable biomass in all heating oil (3% by 7/1/11, 4% by 7/1/12, 5% by 7/1/13).  

A 3161 (introduced in June 2012) and S 2268 (introduced in October 2012) would require biodiesel in all heating oil: 3% by 7/1/12, 4% by 7/1/13, and 5% thereafter.

Introduced in January 2014, S 141 would require heating oil to contain biodiesel, at least 3% by 7/1/14, 4% by 7/1/15, 5% by 7/1/16.  

A 788 and S 314, introduced in January 2016, would permit the sale of motor fuel that had not been blended with ethanol if it was used only for boats, watercraft, or small engine equipment or tools. 

S 2935, introduced in January 2017, and A 4576, introduced in February 2017, would establish the Ethanol Study Commission, which would be tasked with determining 1) the necessity of ethanol in gasoline and alternatives to ethanol, and 2) whether NJ should and could prohibit ethanol in gasoline.   

Proposed State Actions: The Acting Commissioner of the NJ Department of Environmental Protection and representatives of ten other states signed a Letter of Intent, dated 12/31/08, to analyze low carbon fuel supply options and develop a framework for a regional Low Carbon Fuel Standard in the Northeast/Mid-Atlantic region. Governor Corzine and the governors of 10 NE/MA states signed a Memorandum of Understanding dated 12/30/09 for the development of a regional LCFS.

Last updated September 2017