AIR POLLUTION CONTROL 

SUBCHAPTER 4. CONTROL AND PROHIBITION OF 

PARTICLES FROM COMBUSTION OF FUEL 

Subchapter Historical Note 

Unless otherwise expressly noted, all provisions of this subchapter 

were adopted pursuant to authority of N.J .S .A . 26:2C-1 et seq . and were 

filed on January 27, 1972, as R.1972 d.16 to become effective on March 

27, 1972 . See : 3 N.J .R. 248(a), 4 N.J .R. 23(b) . Revisions to this subchapter were filed on August 5, 1977, as R.1977 d.284 to become 

effective on October 12, 1977 . See : 8 N.J .R . 375(a), 9 N.J .R. 420(a) . 

7 :27-4.1 Definitions 

The following words and terms, when used in this 

subchapter, shall have the following meanings unless the 

context clearly indicates otherwise. 

"Air contaminant" means solid particles, liquid particles, 

vapors or gases which are discharged into the outdoor 

atmosphere . 

"Construct" or "construction" means to fabricate or erect 

equipment or control apparatus at a facility where it is 

intended to be used, but shall not include the dismantling of 

existing equipment or control apparatus, site preparation, or 

the ordering, receiving, temporary storage, or installation of 

equipment or control apparatus . Unless otherwise prohibited 

by Federal law, this term shall also not include the pouring of 

footings or placement of a foundation where equipment or 

control apparatus is intended to be used. 

"Control apparatus" means any device which prevents or 

controls the emission of any air contaminant. 

"Department" means the Department of Environmental 

Protection . 

"Direct heat exchanger" means equipment in which heat 

from the combustion of fuel is transferred to a substance 

being heated so that the latter is contacted by the products of 

combustion and may contribute to the total effluent . 

"Equipment" means any device capable of causing the 

emission of an air contaminant into the open air and any 

stack, chimney, conduit, flue, duct, vent or similar device 

connected or attached to, or serving the equipment. This shall 

include equipment in which the preponderance of the air 

contaminants emitted is caused by the manufacturing process. 

"Fuel" means solid, liquid or gaseous materials used to 

produce useful heat by burning. 

"Heat input rate" means the rate at which the aggregate 

heat content based on the higher heating value of the fuel is 

introduced into the fuel burning equipment. 

"Install" or "installation" means to carry out final setup 

activities necessary to provide equipment or control apparatus 

with the capacity for use or service. This term includes, but is 

not limited to, connection of equipment or control apparatus, 

associated utilities, piping, ductwork or conveyor systems. 

This term does not include construction, as defined above, or 

7:27-4.1 

the reconfiguration of equipment or control apparatus to an 

alternate configuration specified in a permit application and 

approved by the Department. This term includes relocation of 

existing equipment or control apparatus . 

"Isokinetic" means a method for sampling air contaminants 

from the gas stream in a stack or chimney in such a manner 

that the gas stream enters a sampling probe in the same 

direction and at the same velocity as the gas stream in a stack 

or chimney. 

"Liquid particles" means particles which have volume but 

are not of rigid shape and which upon collection tend to 

coalesce and create uniform homogeneous films upon the 

surface of the collecting media. 

"Manufacturing process" means any action, operation or 

treatment embracing chemical, industrial, manufacturing, or 

processing factors, methods or forms including, but not 

limited to, furnaces, kettles, ovens, converters, cupolas, kilns, 

crucibles, stills, dryers, roasters, crushers, grinders, mixers, 

reactors, regenerators, separators, filters, reboilers, columns, 

classifiers, screens, quenchers, cookers, digesters, towers, 

washers, scrubbers, mills, condensers or absorbers. 

"Marine installation" means equipment for propulsion, 

power or heating on all types of marine craft and floating 

equipment. 

"Maximum allowable emission rate" means the maximum 

amount of air contaminant which may be emitted into the 

outdoor air at any instant in time or during any prescribed 

interval of time . 

"Modify" or "modification" means any physical change, or 

change in the method of operation of existing equipment or 

control apparatus that increases the amount of actual emissions of any air contaminant emitted by that equipment or 

control apparatus or that results in the emission of any air 

contaminant not previously emitted. This term shall not 

include normal repair and maintenance . 

"Particles" means any material, except uncombined water, 

which exists as liquid particles or solid particles at standard 

conditions . 

"Performance test principle" means a concept of measurement as required for determining compliance with a specific 

standard for the emission of air contaminants . 

"Reconstruct" or "reconstruction" means the replacement 

of part(s) of equipment included in a process unit, or the 

replacement of part(s) of control apparatus, if the fixed capital 

cost of replacing the part(s) exceeds both of the following 

amounts : 

1 . Fifty percent of the fixed capital cost that would be 

required to construct a comparable new process unit ; or, if 

it is part(s) of control apparatus that is being replaced, 50 

percent of the fixed capital cost that would be required to 

construct comparable new control apparatus: and 

27-22.1 Supp. 5-18-09 
7:27-4.1 

2. $80,000, in 1995 dollars, adjusted by the Consumer 

Price Index (CPI) . 

"Sampling train" means a combination of entrapment devices, instruments, and auxiliary apparatus arranged in a prescribed sequence to selectively separate and collect samples 

of specified air contaminants . 

"Solid particles" means particles of rigid shape and definite 

volume. 

"Stack or chimney" means a flue, conduit or opening designed, constructed, and/or utilized for the purpose of emitting air contaminants into the outdoor air. 

"Standard conditions" means or shall be 70 degrees Fahrenheit and one atmosphere pressure (14 .7 psia or 760 mm 

Hg). 

Amended by R.2009 d .137, effective April 20, 2009 (operative May 19, 

2009) . 

See : 40 N.J .R. 4390(a), 41 N.J.R. 1752(a) . 

Added definitions "Construct", "Install", "Modify" and "Reconstruct" . 

7 :27-4.2 Standards for the emission of particles 

(a) On and after May 19, 2009, this subsection shall not 

apply to any coal-fired boiler that is regulated by (b) below. 

On and after December 15, 2012, this subsection shall not 

apply to any coal-fired boiler that is regulated by (c) below. 

No person shall cause, suffer, allow or permit particles arising 

from the combustion of fuel to be emitted from any stack or 

chimney into the outdoor air in excess of the maximum 

allowable emission rate set forth in the following table . For a 

heat input rate between any two consecutive rates shown, the 

maximum allowable emission rate shall be determined by 

interpolation: 

Heat Input Maximum 

Rate (Millions of Allowable Emission 

British Thermal Rate 

Units per Hour) (Pounds per Hour) 

1 00.6 

10 06 

20 08 

30 09 

40 10 

50 11 

60 12 

70 13 

80 14 

90 14 .5 

100 15 

120 16.5 

140 17.5 

160 18 .5 

180 19.3 

200 20 

400 40 

600 60 

800 80 

1,000 100 

ENVIRONMENTAL PROTECTION 

Heat xnput Maximum 

Rate (Millions of Allowable Emission 

British Thermal Rate 

Units per Hour) (Pounds per Hour) 

2,000 200 

3,000 300 

4,000 400 

5,000 500 

6,000 600 

7,000 700 

8,000 800 

10,000 1 .000 

Note : Heat input rate shall be the sum of the heat input 

rates of all fuel burning equipment discharging through a 

single stack or chimney. 

(b) The owner or operator of any coal-fired boiler, with a 

particle control apparatus that is constructed, installed or 

reconstructed and commences operation on or after May 19, 

2009, unless otherwise specified in an enforceable agreement 

with the Department, shall cause it to emit particles at a rate 

no greater than 0.0150 pounds per MMBTU and shall 

demonstrate compliance in accordance with the source's 

approved permit. The owner or operator shall demonstrate 

compliance based on the average of three stack tests that have 

been approved by the Department . Such a coal-fired boiler or 

particle control apparatus is also subject to state-of-the-art 

requirements at N.J .A.C . 7:27-8.12 and 22.35, lowest 

achievable emission rate requirements at N.J .A.C. 7:27-18, 

and best available control technology requirements at 40 CFR 

52.21, incorporated herein by reference, as applicable . 

(c) The owner or operator of a coal-fired boiler, other than 

those listed in (b) above, that is in operation prior to May 19, 

2009: 

1 . Shall not emit particles on or after December 15, 

2012, unless otherwise specified in an enforceable 

agreement with the Department, at a rate greater than 

0 .0300 pounds per MMBTU or the permitted emission rate 

in effect as of May 19, 2009, whichever is lower; and 

2 . Shall demonstrate compliance by June 15, 2013, in 

accordance with the owner or operator's approved permit 

for the coal-fired boiler . The owner or operator shall 

demonstrate compliance based on the average of three 

stack tests that have been approved by the Department . 

Amended by R.2009 d.137, effective April 20, 2009 (operative May 19, 

2009). 

See : 40 N.J .R. 4390(a), 41 N.J.R. 1752(a) . 

In the introductory paragraph of (a), inserted the first two sentences ; 

and added (b) and (c) . 

7:27-4.3 Performance test principle 

(a) For purposes of measuring emissions in accordance 

with the provisions of this subchapter, particles shall be 

drawn by isokinetic procedures from the stack or chimney 

and the weight of the particles determined gravimetrically 

after removal of uncombined water. 

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AIR POLLUTION CONTROL 

(b) The measured emission weight shall be the combined 

weight of all particles collected and analyzed in accordance 

with the sampling and analytical procedures set forth in 

N.J .A.C . 7:27B-l .l et seq. 

7 :27-4.4 Emission tests 

(a) Any person responsible for the emission of particles, 

arising from the combustion of fuel shall, when requested by 

the department, provide such sampling facilities exclusive of 

instrumentation and sensing devices as may be necessary for 

the department to determine the rate at which the particles are 

or may be discharged from the fuel burning operation. 

(b) During such testing by the department, the fuel burning 

operation shall be operated under normal, routine operating 

conditions or under such other conditions within the capacity 

of the equipment as may be requested by the department. 

(c) The facilities may be either permanent or temporary, at 

the discretion of the person responsible for their provision, 

and shall conform to all applicable laws and regulations 

concerning safe construction and safe practice . 

7 :27-4.5 (Reserved) 

Repealed by R.1998 d.231, effective May 4, 1998 (operative June 12, 

1998) . 

See : 29 N.J .R. 3521(a), 30 N.J .R . 1563(b) . 

Section was "Permit to construct, install or alter certificate to 

operate" . 

7:27-4.6 Exceptions 

(a) The provisions of this subchapter shall not apply: . 

1 . When the heat input rate to the fuel burning 

equipment is less than 1,000,000 British Thermal Units per 

hour; 

2 . To marine installations, vehicles or other movable or 

portable equipment; . 

3 . To direct heat exchangers . 

SUBCHAPTER 5. PROHIBITION OF AIR POLLUTION 

Subchapter Historical Note 

Unless otherwise expressly noted, all provisions of this subchapter 

were adopted pursuant to authority of N.J .S .A. 26:2C-1 et seq . and were 

filed and became effective prior to September 1, 1969. Revisions to this 

subehapter were filed on August 5, 1977, as R.1977 d.284 to become 

effective on October 12, 1977 . See: 8 N.J .R. 375(a), 9 N.J .R. 420(a) . 

Petition for Rulemaking: Petition to amend provisions regarding public 

entity odor violations ; petition denied . See : 24 N .J .R . 1642(c), 24 

N.J .R. 1907(c), 24 N.J .R. 3764(b) . 

7:27-5.1 Definitions 

7:27-5.2 

The following words and terms, when used in this subchapter, shall have the following meanings unless the context 

clearly indicates otherwise. 

"Air pollution" means the presence in the outdoor atmosphere of one or more air contaminants in such quantities and 

duration as are, or tend to be, injurious to human health or 

welfare, animal or plant life or property, or would unreasonably interfere with the enjoyment of life or property throughout the State and in such territories of the State as shall be 

affected thereby and excludes all aspects of employeremployee relationship as to health and safety hazards. 

"Economic poisons" means those chemicals used as 

insecticides, rodenticides, fungicides, herbicides, nematocides 

or defoliants . 

Law Review and Journal Commentaries 

Defending Odor Lawsuits Takes a Nose for Nuisance. Albert I . 

Telsey, 134 N.J .L .J . No. 9, S14 (1993) . 

7:27-5.2 General provisions 

(a) Notwithstanding compliance with other subchapters of 

this chapter, no person shall cause, suffer, allow or permit to 

be emitted into the outdoor atmosphere substances in quantities which shall result in air pollution as defined herein . 

(b) The provisions of subsection (a) of this section shall 

not apply to the use of economic poisons. 

Public Notice : Air Pollution Investigation Guidelines . 

See : 28 N .J .R. 198(a) . 

Law Review And Journal Commentaries: 

Defending Odor Lawsuits Takes a Nose for Nuisance . Albert 1 . 

Telsey. 134 N.J .L.J . No. 9, S14 (1993) . 

Case Notes 

Swimming pool chemical company failed to meet duty to ensure that 

hazardous substances stored on property did not escape in a manner 

harmful to the public when a fire of unknown origin occurred resulting 

in the release of chemicals into the air and there was no one stationed at 

plant to alert authorities when the fire erupted . New Jersey Dept. of 

Environmental Protection v. Alden Leeds. Inc ., 153 N.J . 272, 708 A.2d 

1161 (N.J . 1998) . 

Release of air pollutants into outdoor atmosphere during course of fire 

of unknown origin rendered manufacturer strictly liable . Department of 

Environmental Protection v . Leeds, 95 Iv' .J .A .R .2d (EPE) 137 . 

Peach orchard owner was not entitled to air pollution exemption under 

New Jersey Right to Farm Act. Department of Environmental Protection 

v. Smith Brokers, Inc . 93 N.J .A .R.2d (EPE) 149. 

Wind-blown sand was air contaminant ; activities of sand company 

resulted in air pollution. Division of Environmental Quality e . 

McCormack Aggregates . 93 N.J .A.R.2d (EPE) 37 . 

Evidence proved air pollution from sewage plant ; penalty assessed. 

Division of Environmental Quality v . Township of Cedar Grove, 92 

N.J .A .R .2d (EPE) 252. Next Page is 27-25 27-23 Supp. 5-18-09