7:27-20.7 

(1) An industrial boiler located on the site of a 

facility engaged in a manufacturing process where 

substances are transformed into new products, including the component parts of products, by mechanical or chemical process; or 

(2) A utility boiler used to produce electric power, 

steam, heated or cooled air, or other gases or fluids 

for sale ; or 

iii . A hazardous waste incinerator subject to regulation under 40 C.F .R. Parts 264 or 265, as incorporated 

by reference at N.J.A.C . 7:26G-8 or 9; and 

3. The combustion device for which the permit is 

sought complies with all applicable air pollution control 

regulations at N.J .A.C . 7:27. 

7:27-20.8 Ash standard 

(a) Except as provided in (b) below, the ash content of 

on-specification used oil to be combusted or processed used 

oil fuel to be combusted shall not exceed 0.15 percent by 

weight . Any blends of on-specification used oil or processed 

used oil fuel with commercial fuel oil shall meet the 0.15 

percent by weight maximum ash content standard, except as 

provided by (b) below. 

(b) Any person may request a different ash content limit 

if the combustion device incorporates air pollution control 

for particulates. The Department shall approve such request 

if compliance with all applicable air pollution control regulations is demonstrated in a permit application pursuant to 

N.J .A.C . 7:27-8 or 7:27-22 . 

(c) The ash content limit in (a) and (b) above shall be 

measured with ASTM Standard Test Method for Ash from 

Petroleum Products by ASTM D 482-91, incorporated herein by reference. This specification can be obtained from the 

ASTM, 1916 Race Street, Philadelphia, Pennsylvania 19103. 

(d) The vendor or permittee shall verify the ash content 

standard in (a) and (b) above for on-specification used oil or 

processed used oil fuel or blend of any on-specification used 

oil or processed used oil fuel with commercial fuel by 

sampling and analysis . 

(e) Used oil space heaters with a capacity of not greater 

than 500,000 BTU/hr subject to N.J .A.C . 7:27-20 .3 or 20.4 

that comply with N.J .A.C . 7:27-20 .3(b)2, 3, 6 and 13 are 

exempt from this section. 

7:27-20.9 Exception 

The provisions of this subchapter shall not apply to any 

used oil charged to a fluid catalytic cracking unit at a 

petroleum refinery . 

ENVIRONMENTAL PROTECTION 

SUBCHAPTER 21. EMISSION STATEMENTS 

Source and Effective Date 

R.1993 d.128, effective March 15, 1993 (operative April 20. 1993). 

See: 24 N.J .R. 2979(a), 25 NJ.R . 1254(a), 

Law Review and Journal Commentaries 

Air Pollution Law Changes Target Nitrogen Oxides . Neale R. 

Bedrock, 136 N.J .L.J . No. 8, S17 (1994). 

New Rules Establish Clean Air Act Standards. Richard M. Hluchan 

and Terrie-Anne Duda. 132 N.J .L.J . No. 8, Si0 (1992) . 

7:27-21 .1 Definitions 

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

clearly indicates otherwise. 

"Activity rate/throughput" means a measurable factor or 

parameter that relates directly or indirectly to the emissions 

o¬ a source operation or a facility during a given time period 

(for example, hour, day, or year). Depending on the type of 

source operation(s) or facility being considered, this term 

may refer to the amount of fuel combusted, raw material 

processed, product manufactured, or material handled or 

processed during the time period. It is typically the value 

that is multiplied against an emission factor to generate an 

emissions estimate for the time period . 

"Actual emissions" means the rate at which an air contaminant is actually emitted, either directly or indirectly, to 

the outdoor atmosphere, in units of mass per calendar year, 

seasonal period, or other time period specified in this 

subchapter. 

"Aerodynamic diameter" means the theoretical diameter 

of a nonspherical particle having the same terminal settling 

velocity as an equally dense, spherical particle of such 

diameter. 

"Air contaminant" means any substance, other than water 

or distillates of air, present in atmosphere as solid particles, 

liquid particles, vapors or gases. 

"Ammonia" or "NH3," means a colorless, pungent gas at 

standard conditions, having a molecular composition of one 

nitrogen atom and three hydrogen atoms. 

"AP-42" means the January 1995, 5th edition, of the 

manual entitled "Compilation of Air Pollutant Emission 

Factors," which is published by the EPA, and including 

supplements A, B, C, D, E, F, and G and any subsequent 

revisions. This document may be obtained from the National 

Technical Information Service (NTIS), 5285 Port Royal 

Road, Springfield, Virginia, 22161, (703) 487-h650 ; or from 

the Superintendent of Documents, Government Printing 

Office, Washington, D.C ., 20402, (202) 783-3228 . In addition, this document can be accessed electronically through 

the EPA Technology Transfer Network CHIEF site on the 

worldwide web at http ://www .epa.gov/ttn/chief/ap42.html. 

Supp. 3-17-03 27-180.G 
AIR POLLUTION CONTROL 

"Capture efficiency" means the amount of an air contaminant collected by a control apparatus serving the source 

operation, expressed as a percentage of the total amount of 

the air contaminant emitted by the source operation. 

"Carbon dioxide" or "COZ" means a colorless, odorless, 

tasteless gas at standard conditions, having a molecular composition of one carbon atom and two oxygen atoms. 

"Carbon monoxide" or "CO" means a colorless, odorless, 

tasteless gas at standard conditions, having a molecular composition of one carbon atom and one oxygen atom. 

"Certificate" means either an operating certificate or a 

temporary operating certificate . 

"CFR" means the United States Code of Federal Regulations . This document may be obtained from the Superintendent of Documents, Government Printing Office, 

Washington, D.C. 20402, (202) 783-3228 . 

"Control apparatus" means any device which prevents or 

controls the emission of any air contaminant directly or indirectly into the outdoor atmosphere. 

"Control efficiency" means the amount of an air contaminant prevented from being discharged into the outdoor 

atmosphere by a control apparatus, expressed as a percentage 

of the total amount of the air contaminant collected by the 

control apparatus. 

"Delivery vessel" means any vehicle designed and constructed or converted to be capable of transporting liquid 

VOC cargo such as gasoline or fuel oil. This term includes, 

but is not limited to, tank trucks, tank trailers, railroad tank 

cars, and marine tank vessels. 

"Department" means the New Jersey Department of Environmental Protection . 

"Distillates of air" means the following chemical species: 

helium (He), nitrogen (NA oxygen (O2), neon (Ne), argon 

(Ar), krypton (Kr), and xenon (Xe). 

"Emission Inventory Improvement Program" or "EIIP" is a 

program developed by local and State air pollution control 

officers and the EPA to improve the accuracy and quality of 

the emissions data reported by facilities to the states used for 

emission inventory development for submittal to the Federal 

government pursuant to 40 CFR Part 51 . This plan includes a 

multi-volume reference of emission estimation methods that 

can be electronically accessed at the EPA Chief website at 

http :www.epa .gov/ttnichief which provides the most current, 

accurate emission estimation calculation methods for 

determining actual emissions of all air contaminants from all 

types of source operations . 

"Emission point" means a stack, chimney, door, window, 

vent, or any other opening where air contaminants are emitted 

to the atmosphere . 

"Emission Statement Guidance Document" refers to the 

1999 Emission Guidance Document and any addendum or 

7:27-21 .1 

subsequent revision, published at the Department's website at 

http ://www.state .nj.us/dep/agm/es/emission.html. This publication is updated annually to incorporate the Department's 

latest guidance regarding Emission Statement policies, 

reporting procedures and format. This information is provided 

in order to assist the owner or operator of a facility subject to 

this subchapter with the process of completing, certifying and 

submitting an Emission Statement. 

"EPA" means the United States Environmental Protection 

Agency. 

"Equipment" means any device capable of causing the 

emission of an air contaminant either directly or indirectly to 

the outdoor atmosphere, and any stack or chimney, conduit, 

flue, duct, vent, or similar device connected or attached to, or 

serving the equipment. This term includes, but is not limited 

to, a device in which the preponderance of the air contaminants emitted is caused by a manufacturing process. 

"Facility" means the combination of all structures, buildings, equipment, control apparatus, storage tanks, source 

operations, and other operations located on a single site or on 

contiguous or adjacent sites and that are under common control of the same person or persons. 

"Facility-wide permit" means a single permit issued by the 

Department to the owner or operator of a priority industrial 

facility incorporating the permits, certificates, registrations, or 

any other relevant Department approvals previously issued to 

the owner or operator of the priority industrial facility 

pursuant to the Solid Waste Management Act, N.J .S .A . 

13 :1E-1 et seq., the Water Pollution Control Act, N.J .S .A . 

58:10A-1 et seq., the Air Pollution Control Act, N.J .S .A . 

26:2C-1 et seq., and the appropriate provisions of the 

Pollution Prevention Plan prepared by the owner or operator 

of the priority industrial facility pursuant to N.J .S .A . 13 :ID41 and 42. This term shall have the same meaning as defined 

for the term "facility-wide permit" at N.J .A .C . 7 :1K-1 .5 ; if 

there is any conflict between the definition at N.J .A .C . 7: ;K1 .5 and this one, the definition at N.J .A .C . 7 :1K-1 .5 shall 

control. 

"Federally enforceable" means any limitation or condition 

on operation, production, or emissions that can be enforced 

by EPA. These limitations and conditions that can be 

enforced by EPA include, but are not limited to, those 

established pursuant to : 

1 . Any standard of performance for new stationary 

sources (NSPS) promulgated at 40 CFR Part 60, or 

promulgated under 42 U.S .C . § 7411 ; 

2 . Any national emission standard for hazardous air 

pollutants (NESHAP) promulgated at 40 CFR Part 61 . 40 

CFR Part 63, or promulgated under 42 U.S .C . § 7412 ; 

3. Any standard or other requirement provided for in a 

SIP that has been approved by EPA, or promulgated 

through rulemaking by EPA; or 

27-180.7 Supp. 5-18-09 
7:27-21 .1 

4 . Any permit or order issued pursuant to requirements 

established at 40 CFR 51, Subpart I (including any 

preconstruction permit issued pursuant to N.J .A.C . 7 :27- 8 

or any operating permit issued pursuant to N.J .A.C . 7 :27-

22); 40 CFR 52.21 ; 40 CFR Part 70; 40 CFR Part 71 ; or 40 

CFR Part 72. 

"Fugitive emissions" means any air contaminant emissions 

released directly or indirectly into the outdoor atmosphere 

which cannot reasonably pass through a stack or chimney. 

"Gasoline" means any petroleum distillate or petroleum 

distillate/oxygenate blend having a Reid vapor pressure of 

four pounds per square inch (207 millimeters of mercury) 

absolute or greater, sold for use or used in a motor vehicle or 

motor vehicle engine, and commonly or commercially known 

or sold as gasoline . 

"Gasoline dispensing facility" means a facility consisting 

of one or more stationary gasoline storage tanks together with 

dispensing devices used to fill vehicle fuel tanks. 

"Insignificant source operation" means a source operation 

that is not a "significant source operation" as defined in this 

section. 

"Lead" or "Pb" means elemental lead or any compound 

containing lead measured as elemental lead . 

"Liquid particles" means particles which have volume but 

are not of rigid shape. 

"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. 

"Maximum design capacity" means, in reference to a 

source operation, its maximum capability, per period of time, 

to operate, to consume a process input or to generate a 

product. This term may be expressed in units such as the 

maximum number of kilowatt-hours of electricity that a 

combustion unit is capable of producing per hour or the 

maximum amount of a raw material that may be processed 

per day. 

"Methane" or "CH4" means a colorless, odorless, flammable gas at standard conditions, having a molecular composition of one carbon atom and four hydrogen atoms. 

"NAICS code" means the North American Industrial Classification System code, assigned by the United States Office 

of Management and Budget, which classifies establishments 

according to the type of economic activity in which they are 

engaged. A NAICS manual is available from the National 

Technical Information Service, 5285 Port Royal Road, 

Springfield, VA 22161 . 

ENVIRONMENTAL PROTECTION 

"NESHAP" means a National Emission Standard for a 

Hazardous Air Pollutant as promulgated under 40 CFR 61 . 

"NSPS" means Standard of Performance for New Stationary Sources as promulgated under 40 CFR 60, commonly 

referred to as New Source Performance Standards. 

"Operating certificate" or "certificate" means a "Certificate 

to Operate Control Apparatus or Equipment" issued by the 

Department pursuant to N.J .S .A. 26:2C-1 et seq., and in 

particular N.J .S .A . 26 :2C-9.2, and the implementing rules at 

N.J .A .C . 7 :27-8 . 

"Operating permit" means the permit described in Title V 

of the Federal Clean Air Act, 42 U.S .C . §§ 7661 et seq., and 

in N.J.A.C . 7 :27-22 . This term shall include a general 

operating permit which is applicable facility wide, but does 

not include a general operating permit which applies only to a 

part of a facility . Where a general operating permit applies 

only to a part of a facility, the general operating permit shall 

be incorporated into the operating permit. This term also 

includes an operating permit issued for a temporary facility ; 

for a facility subject to a MACT or GACT standard pursuant 

to N.J .A .C . 7 :27-22 .26; or for a component of a facility 

pursuant to N.J .A.C . 7:27-22 .5(j). 

"Operating scenario" means a plan for operating a facility 

or a portion thereof in a way, or according to a method, or 

using methods or processes, which are different from other 

methods or processes used at the facility, or portion thereof. 

An operating scenario may be incorporated into a permit 

through issuance of an initial operating permit, minor 

modification, significant modification, or authorized through 

a seven-day-notice . 

"Operating time" means, for a control apparatus that serves 

a source operation, the amount of time that the control 

apparatus is in use. 

"Order" means any and all orders issued by the Department 

including, but not limited to, Administrative Orders and 

Administrative Consent Orders. 

"Oxides of nitrogen" or "NO,{" means all oxides of nitrogen, except nitrous oxide, as measured by test methods approved by the Department and EPA, such as the test methods 

set forth at 40 CFR 60 Appendix A Methods 7 through 7E. 

"Ozone season" means the portion of each year beginning 

May 1 and ending September 30 . 

"Pb" see "lead." 

"Peak carbon monoxide season" means December 1 

through the last day of February, inclusive. 

"Peak ozone season" means June 1 through August 31, 

inclusive. 

"Permit" means preconstruction permit, operating permit, 

or facility-wide permit. 

Supp . 5-18-09 27-180 .8 
AIR POLLUTION CONTROL 

"Person" means an individual, public or private corporation, company, partnership, firm, association, society, joint 

stock company, international entity, institution, county, 

municipality, state, interstate body, the United States of 

America, or any agency, board, commission, employee, 

agent, officer, or political subdivision of a state, an interstate 

body, or the United States of America. 

"PMZ,5" means a class of air contaminants which includes 

all particulate matter having an aerodynamic diameter less 

than or equal to a nominal 2 .5 microns. 

"PM,o" means a class of air contaminants which includes 

all particulate matter having an aerodynamic diameter less 

than or equal to a nominal 10 microns. 

"Potential to emit" means the maximum aggregate capacity 

of a source operation or of a facility to emit an air 

contaminant under its physical and operational design . Any 

physical or operational limitation on the capacity of a source 

operation or a facility to emit an air contaminant, including 

control apparatus, and restrictions on hours of operation or on 

the type or amount of material combusted, stored or 

processed, shall be treated as part of its design if the 

limitation is Federally enforceable. Fugitive emissions shall 

be included in the determination of potential to emit. 

However, the determination shall not include any banked 

emission reductions that are held by the owner or operator . 

"Preconstruction permit" means a legally valid permit, 

authorizing construction, installation, reconstruction, or modification of a significant source, issued by the Department 

under N.J .A.C . 7:27-8 pursuant to the New Jersey Air 

Pollution Control Act and in particular N.J.S .A. 26:2C-9.2 . 

"Process intermediate" means any material used in a 

process which is neither a raw material nor a product. 

"Product" means the output from a source operation, 

equipment, or control apparatus. Such outputs may include 

mixtures, composites, compounds and elemental substances . 

"Raw material" means any input to equipment, control 

apparatus, or a source operation, including fuels, but excluding heat and other forms of energy . Such inputs may 

include mixtures, composites, compounds and elemental substances. 

"Reasonably available" means, with respect to a method of 

quantification, utilizing data or information that is already in 

the possession of a person at the time of reporting or which 

can be obtained by such person through public sources. For 

example, a quantification method utilizing emission factors 

set forth in an AP-42 document is a reasonably available 

method. 

"Reid vapor pressure" means the absolute vapor pressure 

of a petroleum product in pounds per square inch (kilopascals) at 100 degrees Fahrenheit (°F) (37.8 degrees Celsius 

(°C)) as measured by "Method 1-Dry RVP Measurement" 

or "Method 2-Herzog Semi-Automatic Method" promul7 :27-21 .1 

gated at 40 CFR 80, Appendix E; or any other test method 

approved in advance in writing by the Department and the 

EPA. 

"Reporting year" means the calendar year during which 

emissions reported in an Emission Statement were emitted, 

except that carbon monoxide emissions emitted in December 

of the preceding calendar year shall also be reported as part of 

the peak carbon monoxide season emissions in a given year . 

"Responsible official" has the same meaning as defined for 

this term at N.J .A .C . 7:27-1 .4 . 

"SCC code" means the eight digit Source Classification 

Code published by EPA that provides a detailed specification 

of a process. See EPA document "AIRS Facility Subsystem 

Source Classification Codes and Emission Factor Listing for 

Criteria Air Pollutants" EPA 450/4-90-003, which may be 

obtained from the National Technical Information Service 

(NTIS), 5285 Port Royal Road, Springfield, Virginia, 22161, 

(703) 487-4650 or the Superintendent of Documents, Government Printing Office, Washington, D.C ., 20402, (202) 783-

3228 . 

"Seasonal throughput" means the activity rate/throughput 

for any specific season, such as the peak carbon monoxide 

season, the ozone season, or the peak ozone season . 

"Significant source operation" has one of the following 

meanings: 

1 . In respect to a source operation at a facility which is 

subject to the operating permit requirements of N.J .A.C . 

7 :27-22, this term has the meaning defined for the same 

term at N.J .A .C . 7 :27-22 .1 ; 

2 . Otherwise, this term has the meaning defined for the 

same term at N.J .A.C. 7:27-8.1, except that, for the 

purposes of this subchapter, no source operation shall be 

excluded from being classified as a significant source 

operation solely because it is a grandfathered source . That 

is, even though for the purposes of N.J .A.C . 7 :27-8, a 

source operation would be excluded from being classified 

as a significant source operation if it meets the following 

three criteria, it is not so excluded for the purposes of this 

subchapter: 

i . The source operation was in operation prior to 

the date that source operations of its kind were subject to 

permit requirements under N.J .A .C. 7 :27-8: 

ii . The source operation has not been reconstructed 

or modified since that date referenced in 2i above: and 

iii . The source operation is still operable . 

"Solid particles" means particles of rigid shape and definite 

volume. 

"Source emission testing" means the testing of a discharge 

of any air contaminant from a source operation through any 

stack or chimney. 

27-180.9 Supp. 5-18-09 
7 :27-21 .1 

"Source operation" means any process, or any identifiable 

part thereof, that emits or can reasonably be anticipated to 

emit any air contaminant either directly or indirectly into the 

outdoor atmosphere. A source operation may include one or 

more pieces of equipment or control apparatus . 

"Stack equivalent" means an aggregation of more than one 

stack or chimney approved by the Department for use in 

calculating or measuring air contaminant emissions from a 

single source operation or a group of source operations with a 

common exhaust ventilation system . 

"Stack or chimney" means a flue, conduit or opening 

designed, constructed or used for the purpose of emitting any 

air contaminant into the outdoor atmosphere. 

"State Implementation Plan" (SIP) means a plan for the 

attainment of any NAAQS, prepared by a state and approved 

by the EPA pursuant to 42 U.S .C . § 7410. 

"State Plane Coordinates" means a geographic reference 

system in the horizontal plane, which has been developed and 

is maintained by the Department, describing the position of 

points or features with respect to other points in New Jersey . 

Information about this system may be obtained from the 

Department's website at : http ://www.state .nius/dep/GIS ; 

from the Department's Bureau of Geographical Information 

and Analysis by e-mail at : isnet , t~p.state .ni .us. 

"Subject to operating permit requirements" means, with 

respect to a facility, that the owner or operator of the facility : 

1 . Is required to obtain an operating permit for the 

facility pursuant to N.J .A .C . 7 :27-22 ; or 

2. Has voluntarily applied for an operating permit for 

the facility and an operating permit has been issued by the 

Department for the facility . 

"Submittal year" means the calendar year in which an 

Emission Statement is required to be submitted. This term 

may be contrasted with the term "reporting year," defined 

above, which is the temporal period during which the 

emissions that are reported in an Emission Statement are 

emitted. 

"Sulfur dioxide" or "SOz" means a colorless gas at standard conditions, having a molecular composition of one sulfur atom and two oxygen atoms. 

"Ton" means a unit of weight equal to 2,000 pounds (0 .907 

metric tons or 907.20 kilograms) . 

"Total suspended particulate matter" or "TSP" means any 

air contaminant dispersed in the outdoor atmosphere which 

exists as solid particles or liquid particles at standard 

conditions and is measured in accordance with N.J .A.C . 

7:27B-1 ; 40 CFR 60, Appendix A, Methods 5 through 5H; or 

another method approved by the Department and EPA. 

ENVIRONMENTAL PROTECTION 

"Toxic air pollutant" or "toxic" means any of the substances listed in N.J .A.C . 7 :27-21, Appendix 1, Table l, incorporated herein by reference. 

"U.S .C ." means the United States Code. 

"UTM coordinates" means Universal Transverse Mercator 

geographic coordinates, specified by the UTM zone, horizontal coordinate and vertical coordinate . 

"Volatile organic compound" or "VOC" means a volatile 

organic compound as that term is defined by the EPA at 40 

CFR 51 .100(s), as supplemented or amended, which is incorporated by reference herein . 

Amended by R.1994 d.500, effective October 3, 1994 (operative 

October 31, 1994) . 

See: 25 N.J .R. 4033(a), 26 N.J .R. 4026(a) . 

Administrative Correction . 

See: 27 N.J .R. 1406(a) . 

Amended 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) . 

Rewrote "Federally enforceable", "Operating permit", "Permit" and 

"Preconstruction permit" ; and inserted "Facility-wide permit" . 

Administrative change . 

See : 31 N.J .R. 639(b) . 

Amended by R.2003 d.86, effective February 18, 2003 (operative March 

24, 2003) . 

See : 34 N.J .R. 695(a), 35 N.J .R. 1059(a) . 

Rewrote the section . 

Amended by R.2008 d.366, effective December 1, 2008 (operative 

December 29, 2008) . 

See : 39 N.J .R. 4492(a), 40 N.J .R . 6769(a) . 

Rewrote definition "Volatile organic compound" . 

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 definition "Operating scenario" . 

7 :27-21.2 Applicability 

(a) This subchapter applies to a facility if the facility emits 

or has the potential to emit, directly or indirectly to the 

outdoor atmosphere, any air contaminant listed in Table 1 

below at a rate greater than or equal to the applicable reporting threshold given in Table 1. 

TABLE 1 

AIR CONTAMINANT REPORTING THRESHOLDS 

Air Reporting Threshold 

Contaminant (Tons per Year) 

VOC 10 

NO,, 25 

CO 100 

SOz 100 

TSP 100 

PMz.s 100 

PM, 0 100 

NH3 100 

Pb 5 

Supp. 5-18-09 27-180 .10 
AIR POLLUTION CONTROL 

(b) With respect to the provisions of (a) above, the 

following apply to the determination of either a facility's 

potential to emit or its actual emissions: 

1 . Emissions associated with any delivery vessel loading operation shall be included in the determination; 

2 . Emissions from any delivery vessel that is to be 

considered a stationary storage tank, which is subject to the 

requirements of N.J .A.C . 7:27-16 .2 pursuant to N.J .A.C . 

7 :27-16 .2(j) also shall be included in the determination; 

and 

3 . All other emissions associated with delivery vessels 

(for example, motor vehicle tailpipe emissions, locomotives, and tugboats) shall be excluded from the determination . 

(c) Notwithstanding (a) above, no facility is required, 

pursuant to this subchapter, to submit an emission statement 

for SOZ, TSP, PM[10], or Pb with respect to emissions occurring in or before 1992. 

(d) Any facility which is solely a retail gasoline dispensing 

facility is exempt from the requirements of this subchapter . 

Amended by R.2003 d.86, effective February 18, 2003 (operative March 

24, 2003). 

See : 34 N.J .R . 695(a), 35 N.J .R . 1059(a) . 

Rewrote (a) and (b) . 

7:27-21 .3 General provisions 

(a) The owner or operator of a facility to which this subchapter applies, pursuant to N.J .A .C. 7 :27-21 .2 and (c) below, 

shall submit to the Department an Emission Statement for 

each reporting year in accordance with this subchapter . The 

Emission Statement shall report the actual air contaminant 

emissions released from the facility directly or indirectly into 

the outdoor atmosphere during the year . 

(b) An Emission Statement shall include the information 

required under N.J .A .C . 7:27-21 .5 and shall include emission 

information for the following air contaminants : 

1 . If the facility's potential to emit VOC is less than 25 

tons per year and if the facility's potential to emit each of 

the other air contaminants listed in Table 1 at N.J .A.C . 

7:27-21 .2 is less than the applicable reporting threshold set 

forth in Table 1 such that the facility is subject to Emission 

Statement requirements only because its potential to emit 

VOC is equal to or greater than 10 tons per year, emission 

information shall be reported only for: 

i . The following three Table 1 air contaminants : 

VOC, NO, and CO; and 

ii . Beginning with the Emission Statement for 

reporting year 2005 and for each year thereafter, each of 

the toxic air pollutants which are listed in N.J .A .C . 7 :27-

21, Appendix 1, Table 1 and for which the facility has a 

potential to emit that is equal to or greater than the 

7 :27-21 .3 

applicable reporting threshold given in N.J .A .C . 7:27-8, 

Appendix 1, Table B, Reporting and SOTA Thresholds 

for HAPs; 

2. If the facility's potential to emit VOC is equal to or 

greater than 25 tons per year or if the facility's potential to 

emit any other air contaminants listed in Table l at 

N.J .A .C . 7:27-21 .2 is equal to or greater than the reporting 

threshold, emission information shall be reported for the 

following: 

i . Each of the-air contaminants listed in Table 1 at 

N.J .A .C . 7 :27-21 .2, except that the reporting of emission 

information for PM[2 .5] and NH3 shall not begin until 

the Emission Statement for reporting year 2003 ; 

ii. Beginning with the Emission Statement for 

reporting year 2003 and for each year thereafter, the 

greenhouse gases CO,. and CH4; and 

iii . Beginning with the Emission Statement for reporting year 2003 and for each year thereafter, each of 

the toxic air pollutants which are listed in N.J .A .C . 7 :27-

21, Appendix l, Table 1 and for which the facility has a 

potential to emit that is equal to or greater than the 

applicable reporting threshold listed in N.J .A .C . 7 :27-8, 

Appendix 1, Table B, Reporting and SOTA Thresholds 

for HAPs. 

(c) Once an Emission Statement has been submitted for a 

facility, the owner or operator shall submit an Emission 

Statement for such facility in each subsequent submittal year 

unless the following conditions are met: 

l . By February 1 of the submittal year the owner or 

operator submits a claim of non-applicability to the Department pursuant to N.J .A .C. 7 :27-21 .10 ; and 

2 . By April 1 of the submittal year, the Department 

affirms that it concurs that the requirements of this subchapter no longer apply to the facility . 

(d) The owner or operator of a facility subject to this 

subchapter is responsible for ensuring compliance with all 

requirements of this subchapter . An owner or operator who 

fails to submit an Emission Statement that is required under 

this subchapter, submits an Emission Statement with incomplete information, or otherwise fails to comply with any 

provision of this subchapter shall be subject to civil penalties 

in accordance with N.J .A .C . 7 :27A-3 and applicable criminal 

penalties including, but not limited to, those set forth at 

N.J .A.C. 26:2C-19(f). If there is more than one person who is 

an owner or operator of a facility, each such person shall be 

jointly and severally liable for such civil and criminal 

penalties. 

(e) Compliance with the emission statement requirements 

of this subchapter does not relieve any owner or operator of a 

facility from the responsibility to comply with any other 

applicable reporting requirements set forth in any Federal or 

27-180.11 Supp.12-15-08 
7:27-21 .3 

state law, rule, or regulation, or in the conditions of approval 

of any permit or certificate in effect . 

(f) Submittal of an emission statement to the Department, 

or the Department's acceptance thereof, does not constitute 

approval by the Department of unauthorized releases of air 

contaminants into the outdoor atmosphere or of any exceedance of any applicable emission limit established in any 

Federal or state law, rule, or regulation, or in the conditions of 

approval of any permit or certificate in effect . 

ENVIRONMENTAL PROTECTION 

(g) Acceptance or receipt of an emission statement by the 

Department does not constitute the Department's acceptance 

of the truth, accuracy or completeness of the emission 

statement. The Department's failure to act on the information 

contained in the emission statement at the time of its receipt 

does not bar the Department from any future action based on 

that information. 

Supp . 12-15-08 27-180 .12 Next Page is 27-181 
AIR POLLUTION CONTROL 

(h) With respect to the provisions of N.J .A.C . 7:27-21 .5, 

the following shall apply to any determination of which 

emissions to report in an Emission Statement: 

1. All emissions at the facility (for facility-wide reporting) or associated with a source operation (for source 

operation level reporting) shall be included in a facility's 

Emission Statement, including, but not limited to, the 

following: 

i . Emissions from source operations that are classified as "significant source operations," "insignificant 

sources," or "exempt activities" under the permitting 

rules at N.J .A.C . 7:27-8 or 22; 

ii . Emissions associated with any delivery vessel 

loading operation; and 

iii . Emissions from any delivery vessel that is to be 

considered a stationary storage tank pursuant to 

N.J .A.C. 7:27-16.2(j); 

2. Notwithstanding (h)1 above, the following types of 

emissions shall be excluded from the emissions reported 

in an Emission Statement: 

i . Emissions from source operations that the Department accounts for, in the emissions inventory submitted by the State to the EPA for inclusion in the 

State Implementation Plan, other than by reliance on 

information in Emission Statements. Examples include 

emissions from the painting of structures at the facility, 

emissions from light-duty motor vehicles driven at the 

facility and emissions from delivery vessels such as 

locomotives and tugboats. Further examples are provided in the Department's Emission Statement Guidance 

Document. 

Amended by R.2003 d.86, effective February 18, 2003 (operative March 

24, 2003). 

See: 34 NJ .R . 695(a). 35 N.J .R. 1059(a) . 

Rewrote the section. 

Case Notes 

Failure to submit required emission statement within mandatory time 

frame warranted assessment of civil administrative penalty . Department of Environmental Protection and Energy v . Northgate, 95 

N.J .A .R .2d (EPE) 190 . 

7:27-21 .4 Procedure for submitting an Emission 

Statement 

(a) For an Emission Statement submitted for reporting 

year 2001 or earlier, the following procedures apply: 

1. The Emission Statement shall be submitted to the 

Department on or before : 

i . May 31, 1993 for a facility subject to this subchapter due to the emissions of 1992; and 

ii . For each following year, April 15 of each calendar year following any calendar year in which the 

facility is subject to this subchapter ; 

7:27-21 .4 

2. The Emission Statement shall be submitted on a 

form obtained from the Department at the address listed 

in (c) below; and 

3. Any owner or operator submitting an Emission 

Statement shall transmit the Emission Statement to the 

Department on paper. With the written prior approval of 

the Department, an Emission Statement may be submitted on computer diskette or electronically, in a form 

approved by the Department, in lieu of a submission of an 

Emission Statement on paper. 

(b) For an Emission Statement submitted for reporting 

year 2002 or later, the following procedures apply: 

1 . Unless the owner or operator obtains approval 

pursuant to (d) below to submit an Emission Statement 

on paper, each Emission Statement shall be submitted to 

the Department electronically using the Remote Access 

Data Information User System (RADIUS) software (or 

its successor software) available from the Department at 

the address given at (c) below; 

2. If a claim of confidentiality is being asserted for any 

information in an Emission Statement, pursuant to (e) 

below, the following shall apply: 

i . A version of the Emission Statement which is 

complete, except that it omits the information which is 

claimed to be confidential, shall be submitted to the 

Department . This document shall be submitted electronically unless the owner or operator obtains approval 

to submit it on paper pursuant to (d) below. Information included in any electronic submittal shall be information for which no claim of confidentiality is being 

made; 

ii . In addition to the submittal made pursuant to 

(b)2i above, a complete version of the Emission Statement shall also be submitted on paper, and it shall 

include the information that is claimed to be confidential as well as all other information required ; and 

iii. The information given in both versions of the 

Emission Statement shall be identical, except that the 

information claimed to be confidential shall be omitted 

from the version submitted pursuant to (b)2i above; 

and 

3. An Emission Statement shall be submitted to the 

Department by the following due date : 

i . For submittals on paper pursuant to (d) below, by 

April 15 of the submittal year ; and 

ii . For electronic submittals (for example, those 

submitted by diskette or e-mail), by May 15 of the 

submittal year; this due date shall also apply to the 

paper copy of the Emission Statement submitted when 

certain information in the electronic version of the 

Emission Statement is claimed to be confidential . 

27-181 Supp. 6-2-03. 
7:27-21 .4 

(c) The Department's Bureau of Air Quality Planning __ 

shall be the Department's point of contact for the Emission 

Statement program. As such : 

1 . Emission Statements shall be submitted to the Bureau: 

2. Documents useful to persons preparing Emission 

Statement submittals, such as the Department's Emission 

Statement Guidance Document, copies of forms, and 

instructions, may be viewed and downloaded from the 

Bureau's web page at http ://www.state .nj.us/dep/baqp/; 

and 

3. The Bureau may be contacted for instructions on 

how .to download a copy of RADIUS, to obtain any 

documents referenced in this subchapter, or to seek answers to questions pertaining to the Emission Statement 

Program. The Bureau may be contacted by phone ((609) 

292-6722) or e-mail at emis-statemerit ct dep.state.nj.us. 

Correspondence shall be sent to the Bureau at the following address: 

Bureau of Air Quality Planning 

Department of Environmental Protection 

PO Box 418 

Trenton, N.J . 08625-0418 

Attn: Emission Statements 

(d) If it is a hardship for an owner or operator to submit 

an Emission Statement electronically, the owner or operator 

may request approval from the Department to submit the 

Emission Statement on a paper form. The Department shall 

approve such a request provided that : 

1. The request is certified by the responsible official in 

accordance with N.J .A.C. 7:27-1.39 and submitted to the 

Department no later than March 1 of the submittal year ; 

2. The owner or operator explains : 

i . The grounds of the hardship electronic submittal 

would impose ; and 

ii. The effort(s) the owner or operator will make to 

ensure the facility's ability to make electronic submittals 

in the future ; and 

3. The owner or operator agrees to make every effort 

to become able to submit the form electronically in future 

years. 

(e) Any person who submits information to the Department may assert a confidentiality claim for that information 

in accordance with N.J .A.C . 7:27-1.6. Emissions information, as established at N.J .A.C . 7:27-1.18, is not confidential. 

The Department will process and evaluate confidentiality 

claims in accordance with N.J .A.C . 7:27-1 .6 through 1.30 

inclusive. 

Amended 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) . 

ENVIRONMENTAL PROTECTION 

in (d), changed N.J .A.C. reference . . _ 

Amended by R.2003 d.86, effective February 18, 2003 (operative March 

24 . 2003) . 

See: 34 N.J .R. 695(a), 35 N.J .R. 1059(a) . 

Rewrote the section. 

Case Notes 

Failure to submit required emission statement within mandatory time 

frame warranted assessment of civil administrative penalty . Department of Environmental Protection and Energy v . Northgate, 95 

N.J .A.R.2d (EPE) 190 . 

7:27-21.5 Required contents of an Emission Statement 

(a) Any owner or operator who submits an Emission 

Statement to the Department shall include the following, as 

an integral part of the Emission Statement: 

1. Identification of the reporting year for which the 

statement is being submitted; 

2. A certification, in accordance with the requirements 

of N.J .A.C . 7:27-21.8 ; and 

3. The date of the signature of certification, and the 

name, title, mailing address, and telephone number of the 

responsible official certifying the Emission Statement. 

(b) An Emission Statement shall include the following 

facility identification information: 

1 . The full name of the facility; 

2. Facility location description, including, but not .limited to: 

i . The facility's street address; 

ii . The county in which the facility is located; 

iii. The mailing address of the facility, including its 

zip code; and 

iv. The facility's State Plane coordinates given as its 

New Jersey or Universal Transverse Mercator (UTM) 

coordinates; or its latitude and longitude; 

3 . The facility ID number, as assigned by the Department; 

4. Classification by organization type (for example, 

corporation, partnership, municipality); 

5. The NAICS code(s) which apply to the facility ; 

6. The facility type (that is, major or minor). For the 

purposes of this subchapter, a facility is a major facility if 

it is subject to operating permit rules under N.J .A .C . 

7:27-22; otherwise it is a minor facility ; 

7. New Jersey Employer Identification Number; 

8. Number of employees; and 

9. The name(s) of the owner(s) or operator(s) of the 

facility and the Emission Statement contact person; and, 

for each, contact information such as title, mailing address, and telephone number. 

Supp. 6-2-03 27-182 
AIR POLLUTION CONTROL 

(c) An Emission Statement shall include information 

identifying all source operations, located at the facility . This 

information shall include, but not be limited to, the fotlowing: 

1 . Information on each of the facility's significant 

source operations, including, but not limited to, the 

source ID number; its equipment type (for example, 

boiler, degreaser, surface coating equipment) ; a description of the source operation; its maximum design capacity; 

identification of any control apparatus associated with the 

source operation; (for combustion sources) the types of 

fuels burned; and any permit or operating certificate 

numbers assigned to the source . Additionally, other 

source characteristics and parameters may be required to 

be reported which allow the Department to calculate or 

verify the calculation of emissions; 

2. Information on each of the facility's insignificant 

source operations, including, but not limited to, its source 

ID number, its equipment type, and a description of the 

source operation; 

3. Information on sources of fugitive emissions at the 

facility that are not associated with any source operation, 

including, but not limited to, description of the activity 

that causes the fugitive emissions and a source ID number, if available; and 

4. If a permit has been issued by the Department for 

a batch production plant at the facility, information on 

each operating scenario approved for the batch production plant. The information shall include a description of 

the batch production plant and other information including, but not limited to : 

i . An ID number; 

ii . A description of approved operating scenarios 

including, but not limited to, the steps in the scenario 

and the SCC code of the scenario ; 

iii . Identification of any source operations and control apparatus in the batch production plant; 

iv . The operation type (for example, steady-state); 

and 

v. Any permit or operating certificate numbers. 

(d) With respect to each of the source operations identified pursuant to (c) above, the following information shall 

be provided: 

1. For each significant source operation, information 

on each control apparatus serving the source operation, 

including, but not limited to : 

i . Its control device ID number; 

ii . A description of the control apparatus; 

iii . Classification as a primary, secondary or tertiary 

control apparatus; 

7:27-21.5 

iv . Identification of the control apparatus by type 

(for example, adsorber, condenser, flare) ; 

v. Overall control efficiency, actual capture efficiency and actual removal efficiency, or if the actual capture 

efficiency or the actual removal efficiency is unavailable, the design capture efficiency or the design removal efficiency may be substituted; 

vi. The operating time of the control apparatus; and 

vii. Identification of the source operation(s) served 

by the control apparatus; 

2. Identification of each of the facility's emission 

points; and, for each of these emission points, information 

including, but not limited to, its ID number; a description 

of the emission point; whether it is a source operation or 

fugitive emissions; and information characterizing emissions from the emission point, including, but not limited 

to, the following: 

i . Release height (for example, height above ground 

level where the air contaminant is emitted to the 

atmosphere), release volume and release temperature; 

and 

ii . Stack or vent diameter at point of emissions (the 

inside diameter of vent at the point of emission to the 

atmosphere); 

3. The class(es) or specie(s) of air contaminant emissions (for example, VOC, SO,) that the source operation, 

together with the associated control apparatus, has the 

potential to emit; and 

4. The source(s) of fugitive emissions associated with 

each source operation. 

(e) An Emission Statement shall include facility-wide 

emission information and emission information at the 

source operation level as follows: 

1. Facility-wide emission information shall be given 

for all air contaminants required to be included in the 

facility's Emission Statement pursuant to N.J .A.C. 

7:27-21 .3(b); and 

2. Emission information shall be given at the source 

operation level for all of the air contaminants fisted in 

Table 1 at N.J .A.C. 7:27-21 .2, except that : 

i . Source operation level information shall not be 

reported for PM25 and NH3; and 

ii . If the facility's potential to emit VOC is less than 

25 tons per year and if the facility's potential to emit 

each of the other air contaminants listed in Table 1 is 

less than the applicable reporting threshold set forth in 

Table l, source operation level emission information 

shall be given only for NO,,, VOC, and CO. 

(f) Emission information included in an Emission Statement pursuant to (e) above shall be provided in format 

27-183 . Supp. 6-2-03 
7:27-21 .5 

acceptable to the Department and on an Emission Statement form obtained from the Department . This information 

shall include the following: 

1 . For each air contaminant, information pertaining to 

the amount of air contaminant emitted, given on a facility-wide basis or on the source operation level (as applicable pursuant to (e) above), including, but not limited to : 

i . The actual emissions of the air contaminant during a specified time period, including the actual emissions of VOC and NO,; in tons during the ozone season 

and in pounds per day during the peak ozone season. 

Such emissions may be the total facility-wide emissions, 

emissions from a specific source operation, emissions 

from a specific emission point, and fugitive emissions 

associated with specific source operations or other fugitive sources; and 

ii . The average actual emission rate for a specified 

time period, including the average actual rate of emissions of VOC or NO,. in pounds per day of operation 

during the peak ozone season ; or the average actual 

emissions of CO in pounds per day of operation during 

the peak carbon monoxide season . Such emissions may 

be, for a specific time period or season, the total 

facility-wide emissions, emissions from a specific source 

operation, emissions from a specific emission point, and 

fugitive emissions associated with specific source operations or other fugitive sources; 

2.") Parameters used in calculating emissions, including, 

but not limited to : 

i . Specific dimensions of a source operation (for 

example, for a storage tank, tank type and tank diameter and height); 

ii . Process inputs, intermediates, outputs, and 

wastes (for example, material stored in storage tanks) ; 

iii . The type and amount of fuel burned in a combustion unit and the heat content of the fuel ; or 

iv . The design and firing method of a combustion 

unit ; 

3. The method used to quantify actual emissions selected pursuant to N.J .A.C . 7:27-21 .6 ; 

4. Any emission factor used to determine actual emissions; 

5. The units in which the emissions are reported (for 

example, tons or pounds per hour); 

6. Information pertaining to operation, including, but 

not limited to : 

i. The activity rate/throughput during a specific time 

period, (per year, per quarter, or per season such as the 

peak ozone season); 

ENVIRONMENTAL PROTECTION 

' ii . For each quarter, the quarterly activity 

rate/throughput, expressed as a percentage of actual 

annual activity rate/throughput; 

iii . The types and amounts of fuel burned, process 

inputs consumed, or intermediate or final product produced; 

iv . The total actual hours of operation (per day, per 

week, per season, per year, or other period); and 

v. The average number of hours of operation per 

day or week or other period ; and 

7. For VOC, NO and CO, a projection of the 

amount of increase or decrease in emissions expected in 

the future, given as a percentage of the reporting year's 

emissions. 

(g) To simplify the reporting of emissions from a source 

operation with minimal emissions, an owner or operator 

may alternatively report the source operation's potential to 

emit a given air contaminant as its actual emissions of the 

air contaminant, provided that : 

1. The Emission Statement reflects that simplified 

reporting is being used; 

2. The air contaminant being reported is one that is 

listed in Table 2 below; and 

3. The source operation has a potential to emit the air 

contaminant in an amount that is less than or equal to the 

criteria amount given in Table 2 below. 

TABLE 2 

APPLICABILITY CRITERIA FOR 

SIMPLIFIED REPORTING 

Air Contaminant Criteria Amount 

VOC, NO.,, CO, SO2, 1 .00 ton per year 

TSP, 

PM,0, PM25, or NH3 

Pb 0.10 tons per year 

(h) In reporting source operation level emissions information in an Emission Statement, fugitive emissions associated with a source operation shall be reported as part of the 

emissions of that source operation. In facility-wide reporting, a facility's cumulative total fugitive emissions shall be 

given as an aggregation of all fugitive emissions at the 

facility that are not associated with a specific source operation ; these cumulative total fugitive emissions shall be added 

to the facility's other emissions to determine the facility's 

total emissions. 

(i) Emission statements shall also include any other information required by any Federal regulation or emission 

statement guidance published by EPA. Any additional information required by this provision will be published in a New 

Jersey Register notice and will be clearly indicated on the 

emission statement forms for the applicable year. 

Supp. 6-2-03 27-184 
AIR POLLUTION CONTROL 

(j) The owner or operator of any VOC stationary storage 

tank with a floating roof shall include the following roof 

landing emission information: 

1 . As part of the Emission Statement, submit each 

tank's annual roof landing emissions as follows: 

i . If the tank's preconstruction permit or operating 

permit, as applicable, contains a separate operating scenario for roof landing emissions, submit the tank's 

annual roof landing emissions as a separate operating 

scenario ; or 

ii . If the tank's preconstruction permit or operating 

permit, as applicable, does not contain a separate operating scenario for roof landing emissions, add a separate 

operating scenario for roof landing emissions to the 

Emission Statement and submit the tank's annual roof 

landing emissions as a separate operating scenario ; and 

2. As supporting documentation, submit with the Emission Statement an annual electronic report titled "Floating 

Roof Landing Emission Summary Report" if the owner or 

operator of a floating roof tank has not implemented all 

control measures in the tank VOC control plan submitted 

pursuant to N.J .A.C . 7 :27-16 .2(p), or if a floating roof tank 

is exempt pursuant to N.J .A .C . 7:27-16 .2(f)6 . The report 

shall contain the following information for each tank: 

The tank NJID Number; 

ii . The total roof landing emissions; 

iii . The tank roof type (internal floating roof, external floating roof, or domed external floating roof) ; 

iv . The total number of roof landing events ; 

v. A list of each VOC, including different grades 

and specifications of gasoline, stored in the tank for any 

part of the year; 

vi . The vapor pressure at standard conditions for the 

contents listed at v above; 

vii. The floating roof lander height setting, where 

lander height is the distance between the bottom of the 

roof deck and the top most point of the surface of the 

tank floor; 

viii. The diameter of the tank roof; and 

ix . The permit activity number if the tank is operating under a Preconstruction Permit and Operating 

Certificate . 

Administrative correction . 

See: 34 N.J .R. 770(a) . 

Amended by R.2003 d.86 . effective February 18, 2003 (operative March 

24, 2003) . 

See: 34 N.J .R . 695(a) . 35 N.J .R. 1059(a) . 

Rewrote the section . 

Administrative correction . 

See : 35 N.J .R . 2529(a) . 

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 (j) . 

7:27-21 .6 

7:27-21 .6 Methods to be used for quantifying actual 

emissions 

(a) The method used for quantifying actual emissions for 

use in preparing emission information required at N.J .A .C . 

7:27-21 .5(e) shall be determined as follows : 

1 . If a permit or certificate issued by the Department 

pursuant to N.J .A.C . 7:27-8 or 22 specifies a method for 

quantifying actual emissions of a given air contaminant, 

then that method shall be used; and 

2. For all other cases, the method that shall be used is 

the best available quantification method selected from 

Table 3 below. The best available quantification method is 

a method listed in Table 3 that is reasonably available, as 

defined at N.J .A .C . 7 :27-21 .1, and provides the most 

accurate estimation of the actual emissions from the source 

operation . An owner or operator submitting an Emission 

Statement shall presume that the highest-ranked method in 

Table 3, which is also reasonably available, is the best 

available quantification method and use that method, 

unless a different method is selected pursuant to (b) below. 

TABLE 3 

RANKING OF METHODS 

FOR QUANTIFYING ACTUAL EMISSIONS 

Rank Method 

1 Continuous Emissions Monitoring 

2 Predictive Emissions Monitoring 

3 Department Approved and Supervised Source Emission Testing Performed during the Reporting Year 

4 Department Approved and Supervised Source Emission Testing Performed in a Prior Year 

5 Mass/Material Balance 

6 AP-42 Emission Factor or Other EPA-Approved 

Emission Estimation Methodology (for example, 

TANKS4 and WATER9) or Selection of a Source 

Emission Test for a Similar Size Unit from the AP-42 

Basis and Background Documents 

7 Manufacturer's Estimate 

8 Others (including) : 

Industry Council or Organization Emission Factor 

-Source Emission Testing Not Approved or 

Supervised by the Department 

-Good Engineering Judgement/Factor 

(b) A method listed in Table 3, which is ranked lower than 

the highest-ranked reasonably available method, may be used 

to quantify actual emissions for an Emission Statement if any 

of the following conditions are met: 

1 . The owner or operator can demonstrate that use of 

the lower-ranked method results in more accurate quantification of emissions than what would have been achieved 

using any higher-ranked method that is reasonably available ; or 

27-185 Supp . 5-18-09 
7:27-21 .6 

2. Use of the lower-ranked method is consistent with 

EPA's guidance, including its hierarchy for emission 

calculation methods and/or its identification of preferred 

methods for specific types of source operations, as set forth 

in the most current version of EPA's Emissions Inventory 

Improvement Program Guidance Document. 

(c) For each emissions calculation method used in an 

Emission Statement which is a lower-ranked method being 

used pursuant to (b) above, a written justification shall be 

prepared documenting the basis for the use of the lowerranked method. This justification shall be maintained on-site 

and be provided upon request to the Department . It shall 

include: 

1 . Identification of the quantification method that was 

the highest-ranked reasonably available method pursuant to 

the rankings in Table 3 ; 

2. Identification of the method selected by the owner or 

operator pursuant to (b) above; and 

3 . An explanation of how selection of this method 

conforms with the applicable condition(s) in (b) above. 

New Rule by R.2003 d .86, effective February 18, 2003 (operative March 

24, 2003) . 

See : 34 N.J .R. 695(a), 35 N.J .R . 1059(a) . 

Rewrote the section . Recodified from 7 :27-21 .6(n . 

7:27-21 .7 Recordkeeping requirements 

(a) For each Emission Statement submitted to the Department, the owner or operator of the facility subject to this 

subchapter shall maintain the following records at the facility 

for a period of five years from the date each submittal is due : 

1 . A copy of the Emission Statement submitted to the 

Department ; 

2 . Records indicating how the information submitted in 

the Emission Statement was determined, including any 

calculations, data, measurements, and estimates used; and 

3 . Each written justification required pursuant to 

N.J .A .C . 7:27-21 .6(c) documenting the basis for the selection of a lower-ranked method for quantifying emissions. 

(b) Upon the request of the Department, the owner or 

operator of the facility shall make these records available at 

the facility for inspection by any representative of the 

Department during normal business hours. 

(c) Upon receipt of a written request from the Department, 

the owner or operator of the facility shall timely submit a 

copy of the records specified in (a) above to the Department 

by mail or by other means as agreed to by the Department. 

Recodified from N.J .A .C . 7 :27-21 .6 and amended by R.2003 d.86 . 

effective February 18, 2003 (operative March 24, 2003) . 

See : 34 N.J.R. 695(a), 35 N.J .R. 1059(a) . 

ENVIRONMENTAL PROTECTION 

In (a), rewrote the introductory paragraph and added 3 ; added (c) . 

Forrner N.J .A .C . 7 :27-21 .7, Certification of information, recodified to 

N.J .A.C . 7:27-21 .8 . 

7 :27-21 .8 Certification of information 

(a) Any owner or operator who submits an Emission 

Statement to the Department shall include, as an integral part 

of the Emission Statement, the following two-part certification : 

1 . A certification signed by the individual or individuals (including any consultants) with direct knowledge of 

and responsibility for the information contained in the 

Emission Statement. The certification shall state: 

"I certify under penalty of law that I believe the 

information provided in this emission statement is true, 

accurate and complete . For those portions of the above 

information based on estimates, those estimates are the 

result of good faith application of sound professional 

judgment, using techniques, factors, or calculations approved by the Department or EPA, or generally accepted in 

the trade. I am aware that there are significant civil and 

criminal penalties, including fines or imprisonment or both, 

for submitting false, inaccurate or incomplete information." 

2. A certification signed by a responsible official, as 

defined at N.J .A.C . 7:27-21 .1, which states : 

"I certify under penalty of law that I have personally 

examined and am familiar with the information submitted 

in this emission statement and all attached documents and, 

based on my inquiry of those officials immediately responsible for obtaining the information, I believe that the 

submitted information is true, accurate and complete. I 

certify that, based on my inquiry of those individuals 

immediately responsible for obtaining the information, I 

believe any estimates are the result of good faith application of sound professional judgment, using techniques, 

factors, or standards approved by the Department or EPA, 

or generally accepted in the trade. I am aware that there are 

significant civil and criminal penalties, including fines or 

imprisonment or both, for submitting false, inaccurate or 

incomplete information." 

(b) Certification of an Emission Statement, pursuant to (a) 

above, shall be performed in accordance with the following: 

1 . If the Emission Statement is being submitted electronically, the responsible official shall certify the submittal either by signing the certification on a paper form 

obtained from the Department or by inserting his or her 

personal identification number (PIN), as assigned by the 

Department, into the applicable signature area following 

the text of the certification language given on the electronic 

Emission Statement form; and this signature or insertion of 

a PIN shall constitute certification of the Emission 

Statement in accordance with (a) above; or 

Supp. 5-18-09 27-186 Next Page is 27-186 .1 
AIR POLLUTION CONTROL 

2. If the Emission Statement is being submitted on a 

paper form obtained from the Department, the responsible 

official shall sign the certification on the paper form; and 

this signature shall constitute certification of the Emission 

Statement in accordance with the certification language at 

(a) above. 

(c) If a claim of confidentiality is being asserted pursuant 

to N.J .A.C . 7:27-1 .6 for any part of an Emission Statement, 

both of the submittals shall be certified. That is, the submittal 

which omits the confidential information, and which includes 

only the information for which no claim of confidentiality is 

being made, shall be certified; and also the submittal which 

includes all the required Emission Statement information, 

including the information for which a claim of confidentiality 

is being made, shall be certified. 

Recodified from N.J .A .C . 7 :27-21 .7 and amended by R.2003 d.86, 

effective February 18, 2003 (operative March 24, 2003) . 

See : 34 N.J .R . 695(a), 35 N.J .R. 1059(a) . 

In (a), substituted "owner of operator" for "person" in the introductory paragraph; added (b) and (c) . Former N.J .A.C . 7:27-21 .8, Request 

for extension, recodified to N.J .A.C . 7 :27-21 .9 . 

Administrative correction . 

See: 35 N.J .R . 3618(a). 7 :27-21 .9 Request for extension 

(a) If meeting the due date set forth at N.J .A .C . 7:27-21 .4 

for submittal of an Emission Statement would cause extreme 

hardship, an owner or operator may request an extension . 

(b) A request for an extension shall include the following 

information: 

1 . The name of the facility ; the mailing address of the 

facility, including its zip code; and its facility ID number, 

as assigned by the Department; 

2. The name of the Emission Statement contact for the 

facility and the contact person's telephone number; 

7 :27-21 .9 

3 . The name of the responsible official and the 

responsible official's telephone number; 

4. The reasons and justifications for the inability to 

submit the Emission Statement by the due date and the 

extreme hardship that would be prevented if the Department allows an extension of the due date ; 

5. The revised date by which the owner or operator 

commits to submitting the Emission Statement. This revised date can be no later than one month from the due 

date ; and 

6. A certification, signed by the responsible official, in 

accordance with N.J .A.C . 7 :27-1 .39. 

(c) A request for an extension shall be submitted, in 

writing, to the following address: 

Chief, Bureau of Air Quality Planning 

Department of Environmental Protection 

PO Box 418 

Trenton, N.J . 08625-0418 

ATTN: Emission Statements-Extension Request 

(d) A request to extend the due date must be received by 

the Department by April 1 of the submittal year for a paper 

submittal and by May 1 of the submittal year for an electronic 

submittal . The Department will not consider a request for an 

extension it receives after these dates . 

(e) Within 10 working days after receipt of a request for 

extension, the Department will respond with its determination 

as to whether the request for extension is denied or granted 

and, if granted, the revised date by which the Emission 

Statement is due . The Department will grant an extension if 

the extension is necessary to prevent extreme hardship . 

Next Page is 27-187 27-186 .1 Supp. 5-18-09 
AIR POLLUTION CONTROL 

(f) Once an owner or operator has obtained an extension 

of the due date for the submission of an Emission Statement 

pursuant to (a) through (e) above, the Department will not 

grant any additional extension for that Emission Statement 

or any continuance of the initial extension. 

New Rule, R.1994 d.500, effective October 3, 1994 (operative October 

31, 1994). 

See: 25 N.J .R. 4033(a), 26 N.J .R. 4026(a) . 

Recodified from N.J .A .C . 7 :27-21 .8 and amended by R.2003 d.86, 

effective February 18. 2003 (operative March 24, 2003) . 

See: 34 N .1 .R. 695(a), 35 N.1 .R . 1059(a) . 

Rewrote (a), (b) and (d) ; deleted (e) ; recodified (f) as (e) ; deleted 

(g) . Former N.1 .A .C . 7 :27-21 .9, Determination of non-applicability, 

recodified to N .J .A .C . 7 :27-21 .10 . 

7:27-21 .10 Determination of non-applicability 

(a) If the construction and/or operation of a facility is 

modified such that the facility's potential to emit each of the 

air contaminants listed in Table 1 at N.J .A.C . 7:27-21 .2 is 

less than the applicable reporting threshold given in Table 1, 

the owner or operator may request approval from the 

Department to discontinue submission of annual Emission 

Statements by submitting, in accordance with this section, a 

claim of non-applicability. 

(b) An owner or operator may not submit a claim of nonapplicability until the facility's potential to emit each of the 

air contaminants listed in Table 1 at N.J .A.C . 7:27-21 .2 has 

been less than the applicable reporting threshold for at least 

the immediately preceding full reporting year. However, an 

owner or operator is advised to submit a claim of nonapplicability to the Department no later than February 1 of 

the submittal year in which the owner or operator wishes to 

discontinue submission of Emission Statements. For example, if throughout reporting year 2000, the facility's potential 

to emit each of the air contaminants listed in Table 1 at 

N.J .A.C . 7:27-21 .2 is less than the applicable reporting 

threshold, and the owner or operator therefore would like 

approval not to submit an Emission Statement in submittal 

year 2001, the owner or operator should submit a claim of 

non-applicability no later than February 1, 2001. If a claim 

of non-applicability is received by the Department after 

February 1, the Department is under no obligation to 

respond to the claim until the following year . 

(c) A claim of non-applicability must include the following information: 

1. The name of the facility ; the mailing address of the 

facility, including its zip code; and its facility ID number, 

as assigned by the Department ; 

2. The name of the Emission Statement contact for 

the facility and the contact person's telephone number; 

3. The name of the responsible official and the responsible official's telephone number; 

4. A demonstration that the facility no longer meets 

the applicability criteria set forth at N.J .A.C . 7:27-21 .2 . 

The demonstration shall show that the facility's potential 

7:27-21.10 

to emit each of the air contaminants listed in Table I at 

N.J .A.C . 7:27-21 .2 is less than the applicable reporting 

threshold given in Table 1 and has been for the full 

preceding calendar year . Determination of the facility's 

potential to emit shall reflect all emissions from the 

facility including the following: 

i . The potential to emit for the significant source 

operations at the facility, including the fugitive emissions associated with the significant source operations ; 

ii . The potential to emit for the insignificant source 

operations at the facility, including the fugitive emissions associated with these source operations ; and 

iii . The facility's potential to emit any other fugitive 

emissions which are not accounted for pursuant to (c)4i 

or ii above; 

5 . The following statements: 

i, A statement as to whether the facility is subject to 

operating permit requirements under N.J .A.C . 7:27-22 ; 

and 

ii . A statement as to whether the owner or operator 

anticipates that conditions at the facility may change in 

such a manner so that the requirements of this subchapter may again become applicable to the facility in 

the future and therefore the facility may become obligated to recommence submission of Emission Statements; and 

6. A certification, signed by the responsible official, in 

accordance with N.J .A.C . 7:27-1.39. 

(d) A claim of non-applicability shall be submitted to the 

following address: 

Chief, Bureau of Air Quality Planning 

Department of Environmental Protection 

PO Box 418 

Trenton, N.J . 08625-0418 

A'I'I'N: Emission Statement-Notification of Nonapplicability 

(e) The Department shall respond by April 1 of each 

calendar year to the claims of non-applicability that it 

received between February 2 of the preceding calendar year 

and February 1 of the current calendar year. The Department's response will set forth the Department's determination as to whether the Department concurs that this subchapter no longer applies to the facility (and the owner or 

operator therefore need not submit an Emission Statement 

for the prior reporting year). The Department shall not 

approve any claim of non-applicability unless it is satisfied 

that : 

1. The facility has been modified so that its potential 

to emit each of the air contaminants listed in Table 1 at 

N.J .A.C. 7:27-21 .2 is less than the applicable reporting 

threshold given in Table 1 and has been less than the 

27-187 Supp. 3-17-03 
7:27-21 .10 

reporting threshold for at least one full reporting year ; 

and 

2. The facility will not in the foreseeable future 

change in such a manner that the facility's potential to 

emit any air contaminant listed in Table l at N.J .A.C. 

7:27-21 .2 would again exceed the applicable reporting 

threshold in Table l, and the facility would therefore be 

obligated to recommence submission of Emission Statements. 

(f) An owner or operator who has submitted a claim of 

non-applicability shall nonetheless continue to submit an 

Emission Statement in each submittal year unless the owner 

or operator has received a response from the Department 

by April 1 of that year, or earlier, that states that the 

Department concurs with the claim of non-applicability and 

approves discontinuance of submission of Emission Statements for the facility . Failure of the Department to respond 

by April 1 to the submission of a claim of non-applicability 

does not relieve the owner or operator of the responsibility 

to submit an Emission Statement nor does it constitute the 

Department's concurrence with the claim of non-applicability. 

(g) Nonetheless, even if the Department approves a claim 

of non-applicability for a facility, if in the current reporting 

year, or in any subsequent reporting year, the facility's 

potential to emit any air contaminant listed in Table 1 at 

N.J .A.C. 7_27-21 .2 becomes equal to or greater than the 

applicable reporting threshold given in Table 1, the owner 

or operator shall submit an Emission Statement for that 

reporting year and recommence submitting Emission Statements annually thereafter in accordance with this subchapter. ° 

Recodified from 7 :27-21 .8 by R.1994 d.500 . effective October 3 . 1994 

(operative October 31, 1994) . 

See : 25 N.J .R. 4033(a), 26 N.J .R . 4026(a). 

Recodified from N.J .A .C . 7:27-21 .9 and amended by R.2003 d.86, 

effective February 18, 2003 (operative March 24, 2003) . 

See: 34 N.J .R. 695(a), 35 N.J .R. i059(a) . 

Rewrote the section . Former N.J .A .C . 7 :27-21 .10, Severability, recodified to N.J .A .C. 7 :27-21 .11 . 

7:27-21.11 Severability 

If any section, subsection, provision, clause or portion of 

this subchapter or the application thereof to any person or 

circumstance is adjudged invalid or unconstitutional by a 

court of competent jurisdiction, the remainder of this subchapter and the application thereof to other persons or 

circumstances shall not be affected thereby, and shall remain in full force and effect. 

Recodified from N.J .A .C . 7:27-21 .8 by R.1994 d.500, effective October 

3, 1994 (operative October 31, 1994) . 

See : 25 N.J .R . 4033(a) . 26 N .J .R. 4026(a) . 

RecodiGed from N.J .A .C . 7:27-2I .10 by R.2003 d.86, effective February 

18, 2003 (operative March 24, 2003) . 

See : 34 N.J .R. 695(a), 35 N.J .R. 1059(a) . 

ENVIRONMENTAL PROTECTION 

APPENDIX I 

TABLE 1 

Air Contaminant 

Acetaldehyde 

Acrolein 

Acrylonitrile 

Arsenic and compounds 

Benzene 

Beryllium and compounds 

1,3-Butadiene 

Cadmium and compounds 

Carbon tetrachloride 

Chloroform 

Chromium and compounds 

1,3-Dichloropropene 

1,4-Dioxane 

Dioxins 

Ethylene dibromide 

Ethylene dichloride 

Ethyleneimine 

Ethylene oxide 

Formaldehyde 

Hexachlorobenzene 

Hydrazine 

Hydrochloric acid 

Manganese and compounds 

Mercury and compounds 

Methylene chloride 

Nickel and compounds 

Polychlorinated biphenyls 

Polycyclic organic matterz 

Propylene dichloride 

Quinoline 

1,1,2,2-Tetrachloroethane 

Tetrachloroethylene 

1,1,1-Trichloroethane 

1,1,2-Trichloroethane 

Trichloroethylene 

Vinyl chloride 

To Be 

Toxic Air Pollutants 

Reported In Emission Statements 

CAS Number' 

75-07-0 

107-02-8 

107-13-1 

71-43-2 

106-994 

56-23-5 

67-66-3 

542-75-6 

123-91-1 

106-93-4 

107-06-2 

151-56-4 

75-21-8 

50-00-0 

118-74-1 

302-01-2 

7647-01-0 

75-09-2 

78-87-5 

91-22-5 

79-34-5 

127-1811 

71-55-6 

79-00-5 

79-01-6 

75-01-4 

I Given here for individual contaminants only, not for clams of contaminants . A 

CAS number is a unique identifier which is assigned to each chemical specie by 

the Chemical Abstract Service, a division of the American Chemical Society. 

2 A group of chemicals formed from the incomplete combustion of organic 

substances. Included m this group are bcnzo(a)pyrene,acenaphthenc,anthntcenc, 

chryscnc, and others . 

New Rule. R.2003 d.86, effective February 18, 2003 (operative March 

24, 2003). 

See: 34 N.J .R . 695(a), 35 N.J .R . 1059(a). 

SUBCHAPTER 22. OPERATING PERMITS 

Authority 

N.J .S.A . 13 :IB-3, 13 :1D-9, and 26:2C-1 et seq. 

Supp. 3-17-03 27-188