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NEW JERSEY STATE DEPARTMENT OF ENVIRONMENTAL PROTECTION

NEW JERSEY ADMINISTRATIVE CODE

TITLE 7

CHAPTER 27

SUBCHAPTER 19

CONTROL AND PROHIBITION OF AIR POLLUTION FROM

OXIDES OF NITROGEN

TABLE OF CONTENTS

Section

REGULATORY HISTORY...........................................................................................................

Page

2

7:27-19.1 Definitions................................................................................................................... 4

7:27-19.2 Purpose, scope and applicability............................................................................... 21

7:27-19.3 General provisions.................................................................................................... 24

7:27-19.4 Boilers serving electric generating units................................................................... 26

7:27-19.5 Stationary combustion turbines................................................................................. 28

7:27-19.6 Emissions averaging ................................................................................................. 34

7:27-19.7 Industrial/commercial/institutional boilers and other indirect heat exchangers....... 41

7:27-19.8 Stationary reciprocating engines............................................................................... 44

7:27-19.9 Asphalt pavement production plants......................................................................... 46

7:27-19.10 Glass manufacturing furnaces .................................................................................. 47

7:27-19.11 Emergency generators - recordkeeping.................................................................... 48

7:27-19.12 Municipal solid waste (MSW) incinerators.............................................................. 49

7:27-19.13 Alternative and facility-specific NOx emission limits.............................................. 50

7:27-19.14 Procedures for obtaining approvals under this subchapter....................................... 57

7:27-19.15 Procedures and deadlines for demonstrating compliance ........................................ 60

7:27-19.16 Adjusting combustion processes .............................................................................. 63

7:27-19.17 Source emissions testing........................................................................................... 66

7:27-19.18 Continuous emissions monitoring ............................................................................ 67

7:27-19.19 Recordkeeping and recording................................................................................... 71

7:27-19.20 Fuel switching .......................................................................................................... 73

7:27-19.21 Phased compliance - repowering.............................................................................. 79

7:27-19.22 Phased compliance - impracticability of full compliance by May 19, 2009 ............ 86

7:27-19.23 Phased compliance - use of innovative control technology ..................................... 89

7:27-19.24 MEG alerts................................................................................................................ 95

7:27-19.25 Exemption for emergency use of fuel oil ................................................................. 97

7:27-19.26 Penalties.................................................................................................................... 98

7:27-19.27 (Reserved.)................................................................................................................ 98

7:27-19.28 Sewage sludge incinerators ...................................................................................... 98

7:27-19.29 2009 HEDD Emission Reduction Compliance Demonstration Protocol................. 99

7:27-19.30 2015 HEDD Emission Limit Achievement Plan.................................................... 107
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REGULATORY HISTORY

Effective: December 20, 1993

Operative: January 23, 1994

See: 25 N.J.R. 631(a), 25 N.J.R. 5957(a)

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

Amendment Effective: April 17, 1995

Amendment Operative: May 23,1995

See: 26 N.J.R. 3298(a), 27 N.J.R. 1581(a)

Amendment Effective: July 1, 1996

Amendment Operative: August 2, 1996

See: 28 N.J.R. 1147(b), 28 N.J.R. 3414(a)

Amendment Effective: May 4, 1998

Amendment Operative: June 12, 1998

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

Administrative Change: March 1, 1999

See: 31 N.J.R. 639

Amendment Effective: May 15, 2000

Amendment Operative: June 6, 2000

See: 31 N.J.R. 1671(a), 32 N.J.R. 1808(a)

Amendment Effective: April 5, 2004

Amendment Operative: April 25, 2004

See: 35 N.J.R. 3486(a), 36 N.J.R. 1791(a)

Amendment Effective: October 17, 2005

Amendment Operative: November 7, 2005

See: 36 N.J.R. 4228(a), 37 N.J.R. 3976(a)

Amendment Effective: November 21, 2005

Amendment Operative: November 21, 2005

See: 36 N.J.R. 4607(a), 37 N.J.R. 4415(a)
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Administrative Correction. See: 38 N.J.R. 5155(b)

Amendment Adopted: October 30, 2008

Amendment Effective: December 1, 2008

Amendment Operative: December 29, 2008

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

Amendment Adopted: March 20, 2009

Amendment Effective: April 20, 2009

Amendment Operative: May 19, 2009

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

Administrative Change Operative: August 12, 2011

Administrative Change Effective: September 6, 2011

See: 43 N.J.R. 2328(a)
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7:27-19.1 Definitions

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

meanings, unless the content clearly indicates otherwise.

"Air contaminant" means any substance, other than water or distillates of air, present in 

the atmosphere as solid particles, liquid particles, vapors or gases.

"Ambient air quality standard" means a limit on the concentration of an air contaminant 

in the general outdoor atmosphere as set forth in N.J.A.C. 7:27-13 or 40 CFR 50.

"Alter" means to effect an alteration of equipment or control apparatus.

"Alteration" means one of the following changes to equipment or control apparatus, or to 

a source operation, for which a permit has been issued:

1. If the equipment, control apparatus, or source operation is subject to 

preconstruction permit requirements, a change which requires a permit revision 

under N.J.A.C. 2:27-8.18; or

2. If the equipment, control apparatus, or source operation is at a facility for which 

an operating permit has been issued, a change which requires a minor 

modification or a significant modification of the permit under N.J.A.C. 7:27-

22.23 or 24.

"Alternative maximum allowable emission rate" means a maximum allowable emission 

rate, set by the Department on a site-specific basis pursuant to N.J.A.C. 7:27-19.13.

"Anthracite coal" means coal that is classified as anthracite according to the ASTM 

Standard Specification for Classification of Coals by Rank, ASTM D 388-77, incorporated 

herein by reference, as amended or supplemented. This specification can be obtained from the 

American Society for Testing and Materials, 100 Barr Harbor Drive, PO Box C700, West 

Conshohocken, PA 19428-2959.

"Asphalt" means a solid, semisolid, or liquid material, produced by mixing bituminous 

substances together with gravel, crushed rock or similar materials, and used commonly as a 

coating or paving.

“Asphalt pavement production plant” means a batch type asphalt plant or drum mix 

asphalt plant operated to manufacture asphalt pavement.

"ASTM" means the American Society for Testing and Materials.

"Averaging" means complying with the requirements of this subchapter pursuant to 

N.J.A.C. 7:27-19.6, Emissions averaging.
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"Averaging unit" means an individual source operation or item of equipment which is 

included in a designated set for the purpose of averaging pursuant to N.J.A.C. 7:27-19.6.

"Base year" means calendar year 1990 or other calendar year determined pursuant to 

N.J.A.C. 7:27-19.20(d)1, in connection with a plan for seasonal fuel switching.

"Batch type asphalt plant" means an asphalt plant where the aggregate and asphalt cement 

or other binder are mixed in equipment other than a rotary dryer.

"Bituminous coal" means coal that is classified as bituminous according to the ASTM 

Standard Specification for Classification of Coals by Rank, ASTM D 388-77, incorporated 

herein by reference, as amended or supplemented. This specification can be obtained from the 

American Society for Testing and Materials, 100 Barr Harbor Drive, PO Box C700, West 

Conshohocken, PA 19428-2959.

“Blown glass” means glassware shaped by blowing air into a molten glass gather.

"Boiler serving an electric generating unit" means a steam generating unit used for 

generating electricity including a unit serving a cogeneration facility.

"Borosilicate recipe" means a formula for making glass using 60 to 80 percent silicon 

dioxide, five to 35 percent boric oxides, and four to 23 percent other oxides.

"Brake horsepower" or "bhp" means a measure of mechanical power generated by a 

reciprocating engine determined by a brake attached to the shaft coupling.

"Brake horsepower-hour" or "bhp-hr" means a unit of energy or work, equal to the work 

done by a mechanism with a power output of one brake horsepower over a period of one hour.

"British thermal unit" or "BTU" means the quantity of heat required to raise the 

temperature of one avoirdupois pound of water one degree Fahrenheit at 39.1 degrees 

Fahrenheit.

"Budget source" means those sources regulated in N.J.A.C. 7:27-31.

"Calendar day" means the 24 hour period from 12:00 o'clock midnight to 12:00 o'clock 

midnight the following day.

"Carbon monoxide (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.
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"Cleaner fuel" means a fuel other than a combustion source's primary fuel, the 

combustion of which results in a rate of NOx emissions that is less than the rate of NOx emissions 

when the primary fuel is combusted, all other circumstances being equal.

“Class I renewable energy” means electric energy produced from solar technologies, 

photovoltaic technologies, wind energy, fuel cells, geothermal technologies, wave or tidal action, 

methane gas from landfills and methane gas from a biomass facility that cultivates and harvests 

the biomass in a sustainable manner. 

“Class II renewable energy” means electric energy produced at a resource recovery 

facility or hydro power facility, if the facility is located where retail competition is permitted, 

and if the Department has determined that the facility meets the highest environmental standards 

and minimizes any impacts to the environment and local communities. 

“Clean Air Act” or “CAA” means the Federal Clean Air Act, 42 U.S.C. §§7401 et seq., 

as amended and supplemented.

“Clean distributed generation” means any piece of electric generating equipment that has 

been verified according to N.J.A.C. 7:27-8.2(f)2 to emit less than:

1. 0.40 pounds of NOx per megawatt hour;

2. 0.25 pounds of CO per megawatt hour;

3 0.10 pounds of PM per megawatt hour; and

4. 0.01 pounds of SO2 per megawatt hour.

"Coal" means anthracite coal, bituminous coal, coke, lignite, nonbanded coal, and/or 

subbituminous coal.

"Coke" means a fused, cellular, porous substance that remains after free moisture and the 

major portion of the volatile materials have been distilled from bituminous coal and other 

carbonaceous material by heating it in the absence of air or with a limited supply of air.

"Combined cycle combustion turbine" means a combustion turbine that recovers heat 

from the turbine exhaust gases to heat water or generate steam.

"Combustion source" means a source operation or item of equipment which combusts 

fuel.

"Combustion turbine" means an internal combustion engine fueled by liquid or gaseous 

fuel, in which blades are driven by combustion gases to generate mechanical energy in the form 

of a rotating shaft that drives an electric generator or other industrial equipment.

"Commercial container glass" means clear or colored glass made of soda-lime recipe, 

which is formed into bottles, jars, ampoules or other containers, but does not include specialty 

container glass.
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"Commercial fuel" means solid, liquid, or gaseous fuel which is ordinarily produced, 

manufactured, or sold for the purpose of creating heat.

"Comparable demand day" means, for any day in which an averaging unit is not 

operating, a day on which demand for electric power was within 10 percent of the demand on the 

day in question.

"Construction engine" means a mobile engine used for construction at a site for a limited 

time period. Construction engine includes a mobile electric generator that is used until regular 

electric power lines are available to replace the function of the electric generator at the 

construction site. Construction engine does not include:

1. An engine attached to a foundation;

2. An engine (including any replacement engines) at the same location for more than 

12 months;

3. An engine (including any replacement engines) at a seasonal source for at

least 90 days per year for at least two years; or

4. An engine that is moved from one location to another in an attempt to

circumvent the residence time criteria in 2 or 3 above.

"Continuous emissions monitor" or "CEM" means a device that continuously measures 

the emissions from one or more source operations.

"Continuous monitoring system" or "CMS" means a system designed to continuously 

measure various parameters at a facility, which parameters may affect or relate to a facility's 

emissions. Components of a CMS include, but are not limited to, any continuous emissions 

monitor (CEM), continuous opacity monitor (COM), continuous process monitor (CPM), or any 

other constantly operating measuring device and recording device approved by the Department 

to perform one or more of the functions of a CMS. Ambient monitors, which measure the impact 

or concentration of air contaminants emitted by the source operation or facility in nearby areas, 

are not considered part of a facility’s CMS.

"Control apparatus" means any device which prevents or controls the emission of any air 

contaminant directly or indirectly into the outdoor atmosphere.

"Criteria pollutant" means any air contaminant for which a NAAQS has been 

promulgated under 40 CFR 50 or for which a New Jersey Ambient Air Quality Standard has 

been promulgated in N.J.A.C. 7:27-13.

"Cyclone-fired boiler" means a boiler which combusts fuel in a horizontal water-cooled 

cylinder before releasing the combustion gases into the boiler.
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"Delivery vessel" means any mobile storage tank including, but not limited to, tank 

trucks or railroad tank cars. This term does not include marine tank vessels.

“Demand response” means a measurable, verifiable load reduction that can be dispatched 

from a central location (for example, the distribution dispatch center PJM).

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

"Designated set" means the averaging units which an owner or operator is authorized by 

the Department to include in an averaging plan pursuant to N.J.A.C. 7:27-19.6.

"Distillates of air" means helium (He), nitrogen (N2), oxygen (O2), neon (Ne), argon (Ar), 

krypton (Kr), and xenon (Xe).

"Dry bottom boiler serving an electric generating unit" means a boiler serving an electric 

generating unit in which ash is removed from the boiler in a solid state.

"Drum mix asphalt plant" means an asphalt plant where the asphalt cement or other 

binder is added to the aggregate while the aggregate is still in the rotary dryer.

“Dual fuel” means a type of burner capable of combusting more than one type of 

commercial fuel.

"Dual fuel engine” means compression ignited stationary internal combustion engine that 

is capable of burning liquid fuel and gaseous fuel.

"Duct burner" means an item of equipment used with a combustion turbine or a stationary 

reciprocating engine to increase the steam generating capacity of heat recovery steam generators.

A duct burner consists of pipes and small burners that are placed in the exhaust duct upstream of 

the heat recovery steam generator; the duct burner allows firing of fuel to supplement or replace 

the exhaust heat energy of the turbine or engine. A duct burner is a type of indirect heat 

exchanger.

"Electric distribution company" means a public utility, as the term is defined in N.J.S.A. 

48:2-13, that transmits or distributes electricity to end users within this State. 

"Electric distribution system" means that portion of an electric system, which delivers 

electricity from transformation points on the transmission system to points of connection at a 

customer's premises. An electric distribution system generally carries less than 69 kilovolts of 

electricity.

“Electric generating unit” or “EGU” means a combustion or steam generating source 

used for generating electricity that delivers all or part of its power to the electric power 

distribution grid for commercial sale.
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"Emergency" means any situation that arises from sudden and reasonably unforeseeable 

events beyond the control of an owner or operator of a facility, such as an unforeseen system 

capacity shortage caused by an act of God, that requires immediate corrective action to prevent 

system collapse or to restore normal operations at the facility. 

"Emergency capacity" means the generation of electricity by an electric generating unit at 

a rate in excess of the unit's maximum normal power output rating. This maximum normal 

power output rating shall be that agreed upon by PJM and the owner or operator of the unit, and 

published by the owner or operator.

"Emergency generator" means a combustion source that:

1. Is located at a facility and produces mechanical or thermal energy, or electrical 

power exclusively for use at the facility;

2. Is the source of mechanical or thermal energy, or electrical power during an 

emergency when the primary source of energy is unavailable; and

3. Is operated only:

i. During the performance of normal testing and maintenance procedures, as 

recommended in writing by the manufacturer and/or as required in writing 

by a Federal or State law or regulation;

ii. When there is power outage or the primary source of mechanical or 

thermal energy fails because of an emergency; or

iii. When there is a voltage reduction issued by PJM and posted on the PJM 

internet website (www.pjm.com) under the “emergency procedures” 

menu.

“Energy efficiency measure” means a program that is aimed at reducing the electricity 

used by specific end-use devices and systems. Such savings are generally achieved by 

substituting technically more advanced equipment to produce the same level of end-use services 

(for example, lighting, heating and motor drive) with less electricity. 

"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.

"Face-fired boiler" means a furnace firing design in which the burners are mounted on 

one or more walls of the furnace.
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"Facility" means the combination of all structures, buildings, equipment, storage tanks, 

source operations, and other operations located on one or more contiguous or adjacent properties 

owned or operated by the same person. This term does not include delivery vessels.

“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 Sold 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. 13:1D-41 

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; and this one, the definition at N.J.A.C. 7:1K-1.5 and this one, the definition 

at N.J.A.C. 7:1K-1.5 shall control.

"Federally enforceable" means all limitations and conditions on operation, production, or 

emissions which can be enforced by EPA pursuant to authorities which include, but are not 

limited to, those established in:

1. Any standards of performance for new stationary sources (NSPS) promulgated at 

40 CFR 60;

2. Any national emission standard for hazardous air pollutants (NESHAP) 

promulgated at 40 CFR 61;

3. Any provision of an applicable SIP;

4. Any permit issued pursuant to requirements established at 40 CFR 51, Subpart I; 

40 CFR 52.21; 40 CFR 70; or 40 CFR 71; or

5. Any permit issued pursuant to requirements established under the Air Pollution 

Control Act, N.J.S.A. 26:2C-1 et seq., and this chapter.

“Fiberglass” means material consisting of fine filaments of glass that are combined into 

yarn and woven or spun into fabrics, or that are used as reinforcement in other materials or in 

masses as thermal or as acoustical insulating products for the construction industry.

"Fixed capital cost" means the capital needed to provide all the depreciable components 

of a facility, item of equipment or source operation.

“Flat glass” means glass produced by the float, sheet, rolled or plate glass process and 

formed into windows, windshields, table tops or similar products.
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"Fuel" means combustible material burned in boilers, furnaces or other machinery to 

generate heat or other forms of energy. This term includes commercial fuel and non-commercial 

fuel.

"Fuel-bound nitrogen" means the nitrogen content, in weight fraction, of a fuel.

"Fuel oil" means a liquid or liquefiable petroleum product burned for the generation of 

light, heat or power and derived directly or indirectly from crude oil.

"Gas" or "gaseous fuel" means any gaseous substance that can be used to create useful 

heat and/or mechanical energy.

"Glass" means a hard, amorphous inorganic substance made by fusing silicates, and 

sometimes borates and phosphates, with certain basic oxides.

"Glass manufacturing furnace" means equipment which uses heat for the production of 

glass.

“Glass removed” means the amount of glass coming out of a glass melting furnace, 

expressed in short tons per day.

"Heat input" means heat derived from the combustion of fuel put into any boiler, furnace 

or other piece of equipment. This term does not include the heat from preheated combustion air, 

recirculated flue gases or exhaust gases from other sources.

“Heavier than No. 2 fuel oil” means any fuel oil with an SSU viscosity greater than 45 at 

100 degrees Fahrenheit.

“High electric demand day” or “HEDD” means the day following a day in which the next 

day forecast load is estimated to have a peak value of 52,000 megawatts or higher as predicted 

by the PJM Interconnection 0815 update to its Mid Atlantic Region Hour Ending Integrated 

Forecast Load, available from PJM Interconnection at http://oasis.pjm.com/doc/projload.txt.

“High electric demand day unit” or “HEDD unit” means an electrical generating unit, 

capable of generating 15 megawatts or more, that commenced operation prior to May 1, 2005, 

and that operated less than or equal to an average of 50 percent of the time during the ozone 

seasons of 2005 through 2007. 

"Higher heating value" means the total heat obtained from the complete combustion of a 

fuel which is at 60 degrees Fahrenheit when combustion begins, and the combustion products of 

which are cooled to 60 degrees Fahrenheit before the quantity of heat released is measured.

"Incinerator" means any device, apparatus, equipment, or structure using combustion or 

pyrolysis for destroying, reducing or salvaging any material or substance, but does not include 

thermal or catalytic oxidizers used as control apparatus on manufacturing equipment. For the 
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purposes of this subchapter, this term includes (without limitation) any thermal destruction 

facility which is a resource recovery facility, as such terms are defined in N.J.A.C. 7:26-1.4.

"Indirect heat exchanger" means equipment in which heat from the combustion of fuel is 

transferred by conduction through a heat-conducting material to a substance being heated, so that 

the latter is not contacted by, and adds nothing to, the products of combustion. Examples of 

indirect heat exchangers include boilers, duct burners and process heaters.

"Industrial/commercial/institutional boiler" or "ICI boiler" means an indirect heat 

exchanger that generates steam to supply heat to an industrial, commercial, or institutional 

operation. This term does not include boilers that serve electric generating units.

"Innovative control technology" means a NOx control measure that has a substantial 

likelihood of achieving lower continuous levels of NOx emissions than are required under this 

subchapter, but has not been adequately demonstrated and is not available to be implemented 

before May 31, 1995. An item of equipment or control apparatus, a change in a process, or a 

pollution prevention strategy may qualify as an innovative control technology.

“Interim period” means the period of time beginning on May 31, 1995, and ending when 

phased compliance under N.J.A.C. 7:27-19.21 or 19.23 is to be completed, or the period of time 

for phased compliance under N.J.A.C. 7:27-19.22 as indicated by 2 below, as applicable.

1. For purposes of phased compliance for repowering pursuant to 

N.J.A.C. 7:27-19.21, the interim period ends on the date when repowering of a 

combustion source is to be completed.

2. For purposes of phased compliance for reasons of practicability pursuant to 

N.J.A.C. 7:27-19.22, the interim period begins on May 19, 2009 and ends on the 

date when an owner or operator is to attain full compliance with this subchapter, 

but no later than 12 months after May 19, 2010.

3. For purposes of phased compliance for innovative control technology pursuant to 

N.J.A.C. 7:27-19.23, the interim period ends on the date when the innovative 

control technology is to be fully implemented.

"Internal combustion engine" means either a reciprocating engine or a combustion turbine 

in which power, produced by heat and/or pressure from combustion is converted to mechanical 

work.

"KW" or "kW" means kilowatt.

"Lb/MMBTU" means pounds per million British Thermal Units, which is based on 

higher heating value.
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"Lean-burn engine" means a stationary reciprocating engine that operates at an air-to-fuel 

ratio that is fuel-lean of stoichiometric and that cannot operate with an exhaust oxygen 

concentration of less than one percent.

"Lignite" means coal that is classified as lignite A or B according to the ASTM Standard 

Specification for Classification of Coals by Rank, ASTM D 388-77, incorporated herein by 

reference, as amended or supplemented. This specification can be obtained from the American 

Society for Testing and Materials, 100 Barr Harbor Drive, PO Box C700, West Conshohocken, 

PA 19428-2959.

"Liquid particles" means particles which have volume but are not of rigid shape.

"Load dispatcher" means the employee or agent of the electric power distribution 

network, to which the electric generating unit is connected, who is responsible for determining 

that an MEG alert is the only feasible means of preventing or mitigating either a voltage 

reduction or an interruption in electric service or both, .

"Major NOx facility" means any facility which has the potential to emit 25 or more tons 

of NOx per year.

"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 allowable emission rate" means the maximum amount of an air contaminant 

that may be emitted into the ambient air during one of the following:

1. A prescribed interval of time, such as one hour or one day;

2. Unit of activity, such as the burning of one gallon of fuel; or

3. Unit of output such as the generation of one megawatt hour of electricity.

"Maximum gross heat input rate" means the maximum amount of fuel a combustion 

source is able to combust in a given period as stated by the manufacturer of the combustion 

source. This term is expressed in BTUs per hour, based on the higher heating value of the fuel.

“MEG alert” means a period in which one or more electric generating units are operated 

at emergency capacity at the direction of the load dispatcher, in order to prevent or mitigate 

voltage reductions or interruptions in electric service, or both. A MEG alert begins and ends as 

follows:
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1. An alert begins when one or more electric generating units are operated at 

emergency capacity after receiving notice from the load dispatcher, directing the electric 

generating unit to do so; and

2. An alert ends when the electric generating unit ceases operating its electric 

generating units at emergency capacity.

"MMBTU" means million British Thermal Units.

"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 

emission 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.

"MW" means megawatt.

“MWh” means megawatt-hour.

"National Ambient Air Quality Standard (NAAQS)" means an ambient air quality 

standard promulgated at 40 CFR 50.

"Natural gas" means:

1. A naturally occurring mixture of hydrocarbon and nonhydrocarbon gases found in 

geologic formations beneath the earth’s surface, of which the principal constituent 

is methane; or

2. Liquid petroleum gas, as defined by the ASTM Standard Specification for Liquid 

Petroleum Gases, D1835-82, incorporated herein by reference, as amended and 

supplemented. This specification can be obtained from the American Society for 

Testing and Materials, 100 Barr Harbor Drive, PO Box C700, West 

Conshohocken, PA 19428-2959.

"Natural gas reburning" means a control technology where natural gas is injected into a 

boiler downstream of the main combustion zone in order to reduce the amount of NOx in the 

exhaust gas.

"NESHAP" means a National Emission Standard for a Hazardous Air Pollutant as 

promulgated under 40 CFR Part 61 or 40 CFR Part 63.

"Net energy output" means the gross output minus any of the energy output consumed to 

generate the output.

"Nitrogen dioxide (NO2)" means a gaseous compound at standard conditions, having a 

molecular composition of one nitrogen atom and two oxygen atoms.
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"Nitrogen oxide (NO)" means a gaseous compound at standard conditions, having a 

molecular composition of one nitrogen atom and one oxygen atom.

"Nonbanded coal" means coal that is classified as nonbanded according to the ASTM 

Standard Definition of Terms Relating to Megascopic Description of Coal and Coal Beds and 

Microscopical Description and Analysis of Coals, ASTM D 2796-77, incorporated herein by 

reference, as amended or supplemented. This document may be obtained from the American 

Society for Testing and Materials, 100 Barr Harbor Drive, PO Box C700, West Conshohocken, 

PA 19428-2959.

"Non-commercial fuel" means solid, liquid or gaseous fuel which is not ordinarily 

produced, manufactured, or sold for the purpose of creating heat.

“Non-high electric demand day unit” or “non-HEDD unit” means an electrical generating 

unit capable of generating 15 megawatts or more, that commenced operation prior to May 1, 

2005, and that operated more than an average of 50 percent of the time during the ozone seasons 

of 2005 through 2007.

“No. 2 and lighter fuel oil” means any fuel oil with an SSU viscosity less than or equal to 

45 at 100 degrees Fahrenheit.

"NSPS" means Standards of Performance for New Stationary Sources as promulgated 

under 40 CFR 60, commonly referred to as New Source Performance Standards.

“On-specification used oil” means used oil that meets the specifications established in the 

Recycling Rules at N.J.A.C. 7:26A-6.2(a).

"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 implementing rules at N.J.A.C. 7:27-8. 

"Output" means, with respect to an internal combustion engine, the shaft work output 

from the engine plus the energy reclaimed by any useful heat recovery system.

"Oxides of nitrogen (NOx)" 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 Method 7E.

"Particles" means any material, except uncombined water, which exists as liquid particles 

or solid particles at standard conditions.

"Peak daily heat input rate," for a combustion source or for a designated set that has no 

operating history, means the maximum gross heat input rate of the source or of all the sources in 

the designated set. For a combustion source or for a designated set that has an operating history, 

"peak daily heat input rate" means the average of the daily heat inputs to a combustion source or 
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to a designated set on the five days on which the heat input was highest, over the following 

period:

1. For a combustion source or for a designated set that has been operating for at least 

five years, the five years preceding the date on which the owner or operator 

applied to the Department for approval of an emissions averaging plan, pursuant 

to N.J.A.C. 7:27-19.6; and

2. For a combustion source that has been operating for less than five years, the entire 

period during which the combustion source has been operating.

"PJM" means PJM Interconnection, LLC, or any successor to PJM as the Regional 

Transmission Organization, approved by the Federal Energy Regulatory Commission (FERC), 

serving a region that includes New Jersey as well as all or parts of other states.

"Permit" means a "Permit to Construct, Install or Alter Control Apparatus or Equipment" 

issued by the Department pursuant to the Air Pollution Control Act of 1954, specifically N.J.S.A. 

26:2C-9.2.

"Person" means any individual or entity and shall include, without limitation, 

corporations, companies, associations, societies, firms, partnerships and joint stock companies, 

and shall also include, without limitation, all political subdivisions of this State or any agencies 

or instrumentalities thereof.

“Petroleum refinery” means any facility engaged in producing gasoline, kerosene, 

distillate fuel oils, residual fuel oils, lubricants or other products through distillation of petroleum 

or through redistillation, cracking or reforming of unfinished petroleum derivatives.

"Potential to emit" means the capability of a source operation or of a facility to emit an 

air contaminant at maximum design capacity, except as constrained by any Federally enforceable 

condition. Such Federally enforceable conditions may include, but are not limited to, the effect 

of installed control apparatus, restrictions on the hours of operation, and restrictions on the type 

or amount of material combusted, stored, or processed.

“Pounds/MWh” means NOx emissions in pounds per megawatt-hour of total net energy 

output, where total net energy output consists of electric output plus useful heat output.

"Power outage" means an interruption in the provision of electricity to customers because 

normally available sources of electrical energy are unavailable, provided the unavailability is due 

to circumstances beyond the control of the customer.

"Ppmv" means a measurement of the concentration of a specified substance in air, 

expressed as the number of parts of the specified substance per million parts of air, by volume, 

including the number of parts contributed by water.
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"Ppmvd" means a measurement of the concentration of a specified substance in air, 

expressed as the number of parts of the specified substance per million parts of air, by volume, 

not including the number of parts contributed by water.

"Preconstruction permit" or "permit" means a "Permit to Construct, Install, or Alter 

Control Apparatus or Equipment" issued by the Department pursuant to N.J.S.A. 26C-1 et seq., 

in particular N.J.S.A. 26:2C-9.2, and implementing rules at N.J.A.C. 7:27-8.

“Pressed glass” means glassware formed by placing a blob of molten glass in a metal 

mold, then pressing it with a metal plunger or follower to form the inside shape. The resultant 

piece, termed mold-pressed, has an interior form independent of the exterior, in contrast to moldblown glass, in which the interior corresponds to the outer form.

"Primary fuel" means the fuel that provided the greatest heat input (expressed in BTU) to 

a combustion source in the base year.

"Process heater" means an item of equipment in which heat from fuel combustion is 

transferred to fluids contained in tubes without coming into contact with the fluid. A process 

heater is a type of indirect heat exchanger.

"Rated power output" means the maximum electrical or equivalent mechanical power 

output stated on the nameplate affixed to an engine or the International Standard Organization 

(ISO) rated electrical or equivalent mechanical power stated on the nameplate affixed to a 

turbine by the manufacturer.

"Rebricking" means the replacement of damaged or worn bricks of a glass manufacturing 

furnace while the furnace does not contain molten glass.

"Reciprocating engine" means an internal combustion engine in which a rotating 

crankshaft is driven by reciprocating motion of piston(s).

“Reconstruction” means the replacement of components of an existing facility, item of 

equipment or source operation to such an extent that the fixed capital cost of the new 

components exceeds 50 percent of the fixed capital cost that would be required to construct an 

entirely new facility, item of equipment or source operation. 

"Refinery fuel gas" means gaseous fuel derived from the refining process and used as a 

fuel at the refinery where it was produced.

"Refining process" means the combination of physical and chemical operations 

including, but not limited to, distillation, cracking, and reformulation, performed on crude oil (or 

derivatives of crude oil) in order to produce petroleum products.

"Regenerative cycle combustion turbine" means a combustion turbine that recovers heat 

from its exhaust gases and uses that heat to preheat the inlet combustion air which is fed into the 

combustion turbine.
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“Renewable energy” means class I renewable energy or class II renewable energy.

"Repowering" means the series of actions described in paragraphs 1 and 2 below by an 

owner or operator:

1. The permanent ceasing of the operations of the steam generator in a steam 

generating unit, the combustion turbine in a simple-cycle or combined-cycle 

combustion turbine, or any other combustion source; and

2. The installation in the State of a new combustion source or the purchase of heat or 

power from the owner of a new combustion source that is located in the State that:

(i) Has a maximum gross heat output rate that is at least 50 percent of the 

maximum gross heat output rate of the combustion source that is shut 

down under 1 above, or has a power output rate that is at least 50 percent 

of the power output rate of the combustion source that is shut down; and

(ii) Incorporates technology capable of controlling multiple combustion 

emissions simultaneously with improved fuel efficiency and with 

significantly greater waste reduction relative to the performance of 

technology in widespread commercial use as of November 15, 1990.

"Rich-burn engine" means a stationary reciprocating engine that is not a lean-burn 

engine.

"Rotary dryer" means a cylindrical device, which rotates about an axis, through which hot

gases are passed for the purpose of removing moisture from any solid.

"Sampling" means the selective collection of a quantity of raw materials, process 

intermediates, products, by-products or wastes.

"Selective noncatalytic reduction" or "SNCR" means a noncombustion technology that 

reduces NOx emissions without a catalyst by injecting a reducing agent (such as ammonia, urea 

or cyanuric acid) into the flue gas, downstream of the combustion zone; the injection of the 

reducing agent converts NOx to molecular nitrogen, water, and (if the reducing agent is urea or 

cyanuric acid) carbon dioxide (CO2).

“Shed load” means the systematic reduction through prior arrangement of system demand 

by temporarily decreasing load in response to transmission system or area capacity shortages, 

system instability, or voltage control considerations.

“Shift load” means the systematic reduction of system demand by temporarily decreasing 

load in response to transmission system or area capacity shortages, system instability, or voltage 

control considerations, through prior arrangement programs designed to encourage consumers to 

move their use of electricity from on-peak time to off-peak times.
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"Significant air quality impact level" means an increase, greater than or equal to that 

specified in Table 1 at N.J.A.C. 7:27-18.4, in the ambient air concentration of a criteria pollutant.

"Simple cycle combustion turbine" means a combustion turbine that does not recover 

heat from its exhaust gases.

"Soda lime recipe" means a formula for making glass using 60 to 75 percent silicon 

dioxide and 25 to 40 percent other oxides and no lead oxides.

"Solid particles" means particles of rigid shape and definite volume.

"Source emission testing" means the testing of a discharge of any air contaminant from 

equipment, control apparatus or source operation through any stack or chimney.

"Source operation" or "source" 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.

"Specialty container glass" means clear or colored glass made of soda-lime recipe, which 

is produced to meet the specifications of any standard set forth by The United States 

Pharmacopeia or The National Formulary, incorporated herein by reference, and which is used 

for pharmaceutical, cosmetic or scientific purposes. The referenced specifications can be 

obtained from the United States Pharmacopeial Convention, Inc., 12601 Twinbrook Parkway, 

Rockville, MD 20852.

“SSU viscosity” means the number of seconds it takes 60 cubic centimeters of an oil to 

flow through the standard orifice of a Saybolt Universal viscometer at 100 degrees Fahrenheit.

"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.

"Standard conditions" means 70 degrees Fahrenheit (21.1 degrees Celsius) and one 

atmosphere pressure (14.7 pounds per square inch absolute or 760.0 millimeters of mercury).

"State implementation plan" or "SIP" means a plan or portion thereof, or any revision 

thereto, prepared by a state and approved by the EPA pursuant to 42 U.S.C. §7410, which 

includes enforceable emission limitations or other control measures, means or techniques, and 

provides for implementation, maintenance, and enforcement of one or more NAAQS.

"Stationary combustion turbine" means any simple cycle combustion turbine, 

regenerative cycle combustion turbine, or combustion turbine portion of a combined cycle 

steam/electric generating system that: 

1. Is not self-propelled, but may be mounted on a vehicle for portability; or
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2. Is self-propelled on tracks at a facility, but does not in the course of its normal 

operation leave the facility.

"Stationary reciprocating engine" means an internal combustion engine that is a 

reciprocating engine that remains for more than 30 days at a single site (for example, any 

building, structure, facility, or installation), and:

1. Is not self-propelled, but may be mounted on a vehicle for portability; or 

2. Is self-propelled on tracks at a facility, but does not in the course of its normal 

operation leave the facility. This term does not include mobile electric generators 

being used by the military, locomotive engines or construction engines.

"Steam generating unit" means any furnace, boiler, or other device which combusts 

commercial fuel for the purpose of producing steam.

"Subbituminous coal" means coal that is classified as subbituminous according to the 

ASTM Standard Specification for Classification of Coals by Rank, ASTM D 388-77, 

incorporated herein by reference, as amended or supplemented. This document may be obtained 

from the American Society for Testing and Materials, 100 Barr Harbor Drive, PO Box C700, 

West Conshohocken, PA 19428-2959.

"Tangential-fired boiler" means a furnace firing design where the burners are mounted at 

the corners of the furnace chamber.

"Testing" means a procedure for determining the kind and amount of one or more air 

contaminants, potential air contaminants or air contaminant precursors present. This term 

includes, but is not limited to, sampling, sample custody, analysis, and reporting of findings.

"Use" means to engage in any form or manner of operation of equipment or control 

apparatus subsequent to the installation of such equipment or control apparatus. This term 

includes any trial operation.

“Used oil” means any oil that has been refined from crude oil, or any synthetic oil, that 

has been used and as a result of such use, is contaminated by physical or chemical impurities, or 

unused oil that is contaminated by physical or chemical impurities through storage or handling.

“Viscosity” means the measure of a fluid’s resistance to flow.

"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.

"Voltage reduction" means a reduction in customer supply voltage of at least five percent 

by an electric distribution company in order to reduce load on an electric distribution system.
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"Wet bottom boiler" means a boiler serving an electric generating unit in which the ash is 

removed from the boiler in a molten state.

7:27-19.2 Purpose, scope and applicability

(a) This subchapter establishes requirements and procedures concerning the control and 

prohibition of air pollution by oxides of nitrogen. The general purpose of this subchapter 

is to require the owner or operator of certain stationary source operations to use 

reasonably available control technology (RACT) to prevent or control NOx emissions. 

EPA defines RACT to mean the lowest emission limitation that a particular source is 

capable of meeting by the application of air pollution control technology which is 

reasonably available considering technological and economic feasibility.

(b) The following types of equipment and source operations are subject to the provisions of 

this subchapter:

1. Any boiler serving an electric generating unit, located at a major NOx facility;

2. Until March 7, 2007, any industrial/commercial/institutional boiler or other 

indirect heat exchanger that has a maximum gross heat input rate of at least 20 

million BTUs per hour, located at a major NOx facility. On and after March 7, 

2007, the applicability of this subchapter to an industrial/commercial/institutional 

boiler or other indirect heat exchanger shall be determined by (c)1 below;

3. Until March 7, 2007, any stationary combustion turbine that has a maximum gross 

heat input rate of at least 30 million BTUs per hour, located at a major NOx

facility. On and after March 7, 2007, the applicability of this subchapter to an 

stationary combustion turbine shall be determined by (c)2 below;

4. Any stationary reciprocating engine capable of producing an output of 500 brake 

horsepower or more and located at a major NOx facility. In addition, on and after 

March 7, 2007, the applicability of this subchapter to a stationary reciprocating 

engine or group of stationary reciprocating engines, used for generating 

electricity, shall be determined by (c)3 and 4 below;

5. Any rotary dryer located at an asphalt pavement production plant;

6. Any glass manufacturing furnace producing commercial container glass, and 

having a maximum potential production rate of at least 14 tons of glass removed 

from the furnace per day and having the potential to emit more than 10 tons of 

NOx per year;

7. Any glass manufacturing furnace producing specialty container glass, and having 

a maximum potential production rate of at least seven tons of glass removed from 
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the furnace per day and having the potential to emit more than 10 tons of NOx per 

year; 

8. Any glass manufacturing furnace producing borosilicate recipe glass, and having 

a maximum potential production rate of at least five tons of glass removed from 

the furnace per day, and having the potential to emit more than 10 tons of NOx per 

year;

9. Any glass manufacturing furnace producing blown glass, fiberglass, flat glass, or 

pressed glass having the potential to emit more than 10 tons of NOx per year;

10. Any municipal solid waste incinerator;

11. Any sewage sludge incinerator; and

12. Any other equipment or source operation not specifically listed at (b)1 through 11

above or (c) below that has the potential to emit more than 10 tons of NOx per 

year.

(c) On and after March 7, 2007, in addition to the types of equipment and source operations 

listed at (b) above, the following types of equipment or source operations shall be subject 

to the provisions of this subchapter:

1. Any industrial/commercial/institutional boiler or other indirect heat exchanger 

that has a maximum gross heat input rate of at least five million BTU per hour, 

whether or not it is located at a major NOx facility;

2. Any stationary combustion turbine that has a maximum gross heat input rate of at 

least 25 million BTU per hour, located at a major NOx facility;

3. Any stationary reciprocating engine used for generating electricity, whether or not 

it is located at a major NOx facility, that has a maximum rated power output of:

i. One hundred forty-eight kilowatt or greater; or

ii. Thirty-seven kilowatt or greater, if the engine has either commenced 

operation at the facility or is modified on or after March 7, 2007; and

4. Any group of two or more stationary reciprocating engines used for generating 

electricity, each of which has a maximum rated power output of 37 kW or greater, 

but less than 148 kW, and whose total combined power output is 148 kW or 

greater, whether or not the group of engines is located at a major NOx facility.

(d) Notwithstanding the provisions of (b) and (c) above, compliance with the recordkeeping 

requirements applicable to emergency generators set forth at N.J.A.C. 7:27-19.11 shall 

satisfy all record requirements in this subchapter for any equipment that is solely used as 
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an emergency generator, as defined at N.J.A.C. 7:27-19.1. Emergency generators shall 

not be used:

1. In a circumstance other than an emergency, except as specified at paragraph 3 of 

the definition of emergency generator at N.J.A.C. 7:27-19.1;

2. For normal testing and maintenance on days when the Department forecasts air 

quality anywhere in New Jersey to be "unhealthy for sensitive groups," 

"unhealthy," or "very unhealthy" as defined in the EPA's Air Quality Index, at 

http://airnow.gov, incorporated herein by reference, as amended and 

supplemented, unless required in writing by a Federal or State law or regulation. 

Procedures for determining the air quality forecasts for New Jersey are available 

at the Department’s air quality permitting web site at 

http://www.state.nj.us/dep/aqpp/aqforecast; and

3. As a source of energy or power after the primary energy or power source has 

become operable again. If the primary energy or power source is under the 

control of the owner or operator of the emergency generator, the owner or 

operator shall make a reasonable, timely effort to repair the primary energy or 

power source.

(e) Notwithstanding the provisions of (b) and (c) above, this subchapter does not apply to 

any equipment or source operation for which the EPA determines (when the EPA 

approves a plan or plan revision) that net air quality benefits are greater in the absence of 

reductions of oxides of nitrogen from such equipment or source operation.

(f) The owner or operator of a facility containing any equipment or source operation listed in 

(b)1 through 8 above may apply to the Department for an exemption from this 

subchapter. The following conditions may apply to such exemptions:

1. An owner or operator shall apply for such an exemption in accordance with the 

procedures set forth in N.J.A.C. 7:27-19.14;

2. The Department shall approve an exemption only if the facility satisfies the 

following requirements:

i. The facility’s potential to emit NOx is less than 25 tons per year; and

ii. The facility’s potential to emit NOx on any calendar day from May 1 to 

September 30 is less than 137 pounds per day; and 

3. If an exemption was approved for any equipment prior to June 6, 2000, but the 

equipment no longer qualifies for such an exemption due to amendments in this 

section operative on June 6, 2000, the owner or operator of such equipment shall 

comply with the requirements in this subchapter applicable to that equipment by 

October 6, 2001.
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7:27-19.3 General provisions

(a) Each owner and each operator of any equipment or source operation subject to this 

subchapter is responsible for ensuring compliance with all requirements of this 

subchapter. If there is more than one owner or operator of the equipment or source 

operation, each owner and each operator is jointly and severally liable for any penalties 

for violations of this subchapter.

(b) The emission limitations specified in this subchapter became operative on May 31, 1995, 

unless otherwise specified.

(c) For any alteration of equipment or source operations necessary to comply with the NOx

emission limits in this subchapter, which alteration does not involve a reconstruction of 

the equipment or source operation, the use of control measures which incorporate current 

advances in the art of air pollution control for those types of control measures shall be 

deemed to satisfy the requirements of N.J.A.C. 7:27-8.12 or 22.35. For example, if a 

boiler serving an electric generating unit achieves compliance with an emission limit 

under this subchapter by installing a low-NOx burner, the requirements of N.J.A.C. 

7:27-8.12 or 22.35 are satisfied if the low-NOx burner installed incorporates current 

advances in the art of air pollution control for low-NOx burners.

(d) By February 7, 2006, the owner or operator of any facility, equipment or source operation 

that is subject to NOx emissions limit at N.J.A.C. 7:27-19.5(d), 19.7(h), or 19.8(e) shall:

1. Apply for permits for all equipment and control apparatus necessary for 

compliance with this subchapter; and

2. If the owner or operator seeks to comply with this subchapter pursuant to the 

facility-specific NOx emission limit provision of N.J.A.C. 7:27-19.13, submit to 

the Department a facility-specific NOx control plan pursuant to N.J.A.C. 

7:27-19.13.

(e) After receipt of a written request from an owner or operator for an extension of the 

deadline set forth in (d) above or after receipt of a written request from an owner or 

operator for an extension of the deadline set forth at N.J.A.C. 7:27-19.13(b)5, the 

Department will authorize one 90-day non-renewable deadline extension. Written 

requests for the extension of a deadline submitted pursuant to this subsection shall be 

addressed to:

Administrator

Air Compliance and Enforcement

Department of Environmental Protection 

PO Box 422

401 East State Street, 4th Floor

Trenton, New Jersey 08625-0422
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(f) In lieu of complying with the applicable emission limits set forth at N.J.A.C. 7:27-19.4, 

19.5, 19.7, 19.8, 19.9, 19.10 or 19.28, the owner or operator of any equipment or source 

operation listed in N.J.A.C. 7:27-19.2(b) may comply with one of the following, or with a 

combination of (f)1 and 3 below. The owner or operator of any equipment or source 

operation listed in N.J.A.C. 7:27-19.2(c) may comply with (f)1, 2 or 4 below. On and 

after May 1, 2015, the owner or operator of any HEDD unit shall not use the alternatives 

in this subsection to comply with any applicable maximum allowable emission rate at 

N.J.A.C. 7:27-19.4 or 19.5.

1. An emissions averaging plan approved by the Department pursuant to N.J.A.C. 

7:27-19.6 and 19.14, which includes the combustion source in question as an 

averaging unit;

2. An alternative maximum allowable emission rate for the unit, approved by the 

Department pursuant to N.J.A.C. 7:27-19.13;

3. A seasonal fuel switching plan for the unit, approved by the Department pursuant 

to N.J.A.C. 7:27-19.14 and 19.20; or

4. A plan for phased compliance for the unit, approved by the Department pursuant 

to N.J.A.C. 7:27-19.14 and N.J.A.C. 7:27-19.21 or 19.23.

(g) (Reserved)

(h) (Reserved)

(i) The owner or operator of any facility, equipment or source operation which commences 

operation on or after January 23, 1994 shall ensure that such facility, equipment of source 

operation complies with the applicable requirement(s) of this subchapter from the date of 

commencement of operation or from the date the requirement is operative, whichever is 

later.

(j) A person required to provide notice to the Department under this subchapter shall send 

the notice to the applicable address listed below:

1. If the notice concerns a combustion source located in Burlington County, Mercer 

County, Middlesex County, Monmouth County, or Ocean County, the person 

shall send the notice to:

Department of Environmental Protection

Bureau of Air Compliance & Enforcement - Central

4 Station Plaza

Mail Code 22-03A

P.O. Box 420

Trenton, NJ 08625-0420

2. If the notice concerns a combustion source located in Bergen County, Essex 

County, Hudson County, Hunterdon County, Morris County, Passaic County, 
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Somerset County, Sussex County, Union County, or Warren County, the person 

shall send the notice to:

Department of Environmental Protection

Bureau of Air Compliance & Enforcement - Northern

7 Ridgedale Avenue

Cedar Knolls, NJ 07927

3. If notice concerns a combustion source located in Atlantic County, Camden 

County, Cape May County, Cumberland County, Gloucester County, or Salem 

County, the person shall send the notice to:

Department of Environmental Protection

Bureau of Air Compliance & Enforcement - Southern

2 Riverside Drive, Suite 201

Camden, NJ 08103-1013

4. If the notice concerns an averaging plan pursuant to N.J.A.C. 7:27-19.6, the 

person shall determine the county in which the averaging unit with the biggest 

potential to emit NOx is located, and send the notice to the address applicable to 

that county under (j)1 through 3 above.

7:27-19.4 Boilers serving electric generating units

(a) The owner or operator of any boiler serving an electric generating unit shall cause it to 

emit NOx at a rate no greater than the applicable maximum allowable NOx emission rate 

specified in Tables 1, 2 and 3 below, as applicable, unless the owner or operator is 

complying with N.J.A.C. 7:27-19.3(f) or unless otherwise specified in an enforceable 

agreement with the Department. Table 1 is operative through December 14, 2012. Table 

2 is operative starting December 15, 2012 through April 30, 2015, except that a coal-fired 

boiler serving an electric generating unit may be eligible for up to a one-year extension of 

the December 15, 2012 compliance date pursuant to (f) below. Table 3 is operative on 

and after May 1, 2015. A boiler serving an electric generating unit is also subject to the 

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.

TABLE 1

(Operative through December 14, 2012)

Maximum Allowable NOx Emission Rates for

Boilers Serving Electric Generating Units

(pounds per million BTU)

Fuel/Boiler Type

Firing Method

Tangential Face Cyclone

Coal –Wet Bottom 1.0 1.0 0.60

Coal – Dry Bottom 0.38 0.45 0.55
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Oil and/or Gas 0.20 0.28 0.43

Gas Only 0.20 0.20 0.43

TABLE 2

(Operative from December 15, 2012 through April 30, 2015)

Maximum Allowable NOx Emission Rates for

Boilers Serving Electric Generating Units

(pounds per megawatt hour)

Boiler Type

Firing Method

Tangential Face Cyclone

Coal 1.50 1.50 1.50

Oil and/or Gas 2.00 2.80 4.30

Gas only 2.00 2.00 4.30

TABLE 3

(Operative on and after May 1, 2015)

Maximum Allowable NOx Emission Rates for

Boilers Serving Electric Generating Units

(pounds per megawatt hour)

Fuel

Coal 1.50

Heavier than No. 2 fuel oil 2.00

No. 2 and lighter fuel oil 1.00

Gas only 1.00

(b) The owner or operator of any boiler serving an electric generating unit shall install on the 

boiler a continuous emissions monitoring system satisfying the requirements of N.J.A.C. 

7:27-19.18.

(c) The owner or operator of any boiler serving an electric generating unit shall adjust the 

boiler’s combustion process before May 1st of each calendar year in accordance with 

N.J.A.C. 7:27-19.16, except the adjustment may occur within seven days of the first 

period of operation after May 1, if the boiler has not operated between January 1 and 

May 1 of that year.

(d) The owner or operator of a boiler serving an electric generating unit shall demonstrate 

compliance with its applicable maximum allowable NOx emission rate in Table 2 or 3 as 

follows:

1. Using the methods at N.J.A.C. 7:27-19.15(a), any coal-fired boiler that is subject 

to an emission rate at Table 2 above shall demonstrate compliance with the 

maximum allowable NOx emission rate in Table 2 either by June 15, 2013 or, if 

the boiler or control apparatus is altered to meet the Table 2 emission rate, by the 

date determined by N.J.A.C. 7:27-19.15(c), whichever date is earlier, and 

thereafter according to the schedule in the approved permit, except that a coal-
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fired boiler may be eligible for up to a one-year extension of the June 15, 2013 

compliance demonstration date pursuant to (f) below; and 

2. Using the methods at N.J.A.C. 7:27-19.15(a), any boiler that combusts any fuel 

other than coal and that is subject to an emission rate at Table 3 above shall 

demonstrate compliance with the applicable maximum allowable NOx emission 

rate in Table 3 by November 1, 2015 or, if the boiler or control apparatus is 

altered to meet the applicable Table 3 emission rate, by the date determined by 

N.J.A.C. 7:27-19.15(c), whichever date is earlier, and thereafter according to the 

schedule in the approved permit.

(e) When calculating a 24-hour NOx emission rate for an affected coal-fired unit, the owner 

or operator may exclude emissions from:

1. A unit that has ceased firing fossil fuel, the period of time, not to exceed eight 

hours, from initial firing of the unit until the unit is fired with coal and 

synchronized with a utility electric distribution system; and

2. A unit that is to be shut down, the period of time in which the unit is no longer 

synchronized with any utility electric distribution system and is no longer fired 

with coal.

(f) The owner or operator of a coal-fired boiler that is subject to Table 2 at (a) above may 

request up to a one-year extension past the December 15, 2012 Table 2 emission limit 

compliance deadline required at (a) and the June 15, 2013 compliance demonstration 

deadline required at (d)1 above by sending a written request to the address at N.J.A.C. 

7:27-19.30(c)3. The request shall document the reasons the extension is needed. The 

Department will approve an extension request only if compliance by December 15, 2012 

is not possible due to circumstances beyond the control of the owner or operator that are 

not reasonably foreseeable, including, but not limited to, the unavailability of a control 

apparatus needed to comply with the December 15, 2012 compliance deadline or a 

contractor needed to install the control apparatus.

(g) Each owner or operator identified at N.J.A.C. 7:27-19.29(a) shall submit to the 

Department a 2009 HEDD Emission Reduction Compliance Demonstration Protocol and 

annual reports pursuant to N.J.A.C. 7:27-19.29. 

(h) Each owner or operator of a boiler serving an electric generating unit that is a HEDD unit 

shall submit to the Department a 2015 HEDD Emission Limit Achievement Plan and 

annual progress updates, as applicable, pursuant to N.J.A.C. 7:27-19.30. 

7:27-19.5 Stationary combustion turbines

(a) The owner or operator of a simple cycle combustion turbine shall comply with (a)1 

through 3 below, as applicable.
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1. Until March 7, 2007, the owner or operator of any stationary simple cycle 

combustion turbine that has a maximum gross heat input rate of at least 30 million 

BTUs per hour shall cause it to emit NOx at a rate no greater than the applicable 

maximum allowable NOx emission rate specified in Table 4 below, unless the 

owner or operator is complying with N.J.A.C. 7:27-19.3(f).

2. March 7, 2007 through May 19, 2009, the owner or operator of any simple cycle 

combustion turbine that has a maximum gross heat input rate of at least 25 million 

BTUs per hour and is a NOx Budget source shall cause it to emit NOx at a rate no 

greater than the applicable maximum allowable NOx emission rate specified in 

Table 4 below, unless the owner or operator is complying with N.J.A.C. 7:27-

19.3(f).

3. May 20, 2009 through April 30, 2015, the owner or operator of any simple cycle 

combustion turbine that is a HEDD unit shall cause it to emit NOx at a rate no 

greater than the lesser of the applicable maximum allowable NOx emission rate 

specified in Table 4 below, or the maximum allowable NOx emission rate 

contained in its preconstruction permit or operating permit, unless the owner or 

operator is complying with N.J.A.C. 7:27-19.3(f).

TABLE 41

Maximum Allowable NOx Emission Rate for

Simple Cycle Combustion Turbines 

(Pounds per million BTU)

Fuel Used Maximum Allowable

NOx Emission Rate

Oil 0.4

Gas 0.2

1 Through March 6, 2007, Table 4 applies to any stationary simple cycle combustion 

turbine that has a maximum gross heat input rate of at least 30 MMBTU per hour.

March 7, 2007 through May 19, 2009, Table 4 applies to any simple cycle combustion 

turbine that has a maximum gross heat input rate of at least 25 million MMBTU per 

hour and is a NOx Budget source.

May 20, 2009 through April 30, 2015, Table 4 applies to any simple cycle combustion 

turbine that is a HEDD Unit.

(b) The owner or operator of a combined cycle combustion turbine or a regenerative cycle 

combustion turbine shall comply with (b)1 through 3 below, as applicable.

1. Until March 7, 2007, the owner or operator of any combined cycle combustion 

turbine or a regenerative cycle combustion turbine that has a maximum gross heat 

input rate of at least 30 million BTUs per hour shall cause it to emit NOx at a rate 
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no greater than the applicable maximum allowable NOx emission rate specified in 

Table 5 below, unless the owner or operator is complying with N.J.A.C. 7:27-

19.3(f).

2. March 7, 2007 through May 19, 2009, the owner or operator of any combined 

cycle combustion turbine or a regenerative cycle combustion turbine that has a 

maximum gross heat input rate of at least 25 MMBTU per hour and is a NOx

Budget source shall cause it to emit NOx at a rate no greater than the applicable 

maximum allowable NOx emission rate specified in Table 5 below, unless the 

owner or operator is complying with N.J.A.C. 7:27-19.3(f).

3. May 20, 2009 through April 30, 2015, the owner or operator of any combined 

cycle combustion turbine or a regenerative cycle combustion turbine that is a 

HEDD unit shall cause it to emit NOx at a rate no greater than the lesser of the 

applicable maximum allowable NOx emission rate specified in Table 5 below, or 

the maximum allowable NOx emission rate contained in its preconstruction permit 

or operating permit, unless the owner or operator is complying with N.J.A.C. 

7:27-19.3(f).

TABLE 51

Maximum Allowable NOx Emission Rate for

Combined Cycle or Regenerative Cycle Combustion Turbines

(Pounds per million BTU)

Fuel Used Maximum Allowable NOx

Emission Rate

Oil 0.35

Gas 0.15

1 Through March 6, 2007, Table 5 shall apply to any combined cycle or regenerative 

cycle combustion turbine that has a maximum gross heat input rate of at least 30 

MMBTU per hour.

 March 7, 2007 through May 19, 2009, Table 5 shall apply to any combined cycle or 

regenerative cycle combustion turbine that has a maximum gross heat input rate of at 

least 25 MMBTU per hour and that is a NOx Budget source.

May 20, 2009 through April 30, 2015, Table 5 shall apply to any combined cycle or 

regenerative cycle combustion turbine that is a HEDD Unit.
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(c) In lieu of complying with the emission limits set forth in (a) and (b) above, the owner or 

operator of a stationary combustion turbine may comply with all of the following 

requirements:

1. The owner or operator of the stationary combustion turbine shall apply for and 

obtain the Department's written approval, in accordance with N.J.A.C. 7:27-19.14 

and based on the standards in N.J.A.C. 7:27-19.14 and (c)2 and 3 below;

2. The owner or operator shall establish that there is an insufficient supply of water 

to the turbine suitable for NOx emission control, due to either of the following 

circumstances beyond the control of the owner or operator:

i. A legally enforceable limit on the amount of water which the owner or 

operator's facility may use; or

ii. The need to provide for an alternate supply of water, because the existing 

supply is insufficiently filtered and de-ionized to be suitable for injection;

3. The owner or operator shall establish that there is no commercially available dry 

low-NOx combustor suitable for use in the specific stationary combustion turbine;

4. The owner or operator shall maintain the Department's approval in effect;

5. The owner or operator shall comply with all conditions of the Department's 

approval; and

6. The owner or operator annually shall adjust the combustion process of the turbine 

in accordance with N.J.A.C. 7:27-19.16, before May 1 of each year.

(d) The owner or operator of a stationary combustion turbine shall:

1. On and after March 7, 2007 through May 19, 2009, if the stationary combustion 

turbine has a maximum gross heat input rate of at least 25 million BTU per hour

and is not a NOx budget source, cause it to emit NOx at a rate no greater than the 

applicable maximum allowable NOx emission rate specified in Table 6 below, 

unless the owner or operator is complying with (c)1 through 5 above or N.J.A.C. 

7:27-19.3(f); and

2. On and after May 20, 2009, if the stationary combustion turbine is a non-HEDD 

unit, cause it to emit NOx at a rate no greater than the applicable maximum 

allowable NOx emission rate specified in Table 6 below, unless the owner or 

operator is complying with (c)1 through 5 above or N.J.A.C. 7:27-19.3(f).

TABLE 61

Maximum Allowable NOx Emission Rate for

Stationary Combustion Turbines
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Type of Turbine Type of Fuel Maximum Allowable NOx

Emission Rate

Combined cycle combustion 

turbine or a regenerative

cycle combustion turbine

Gas 1.3 pounds of NOx per MWh

Oil 2.0 pounds of NOx per MWh

Simple cycle combustion 

turbine

Gas 2.2 pounds of NOx per MWh

Oil 3.0 pounds of NOx per MWh

1 March 7, 2007 through May 19, 2009, Table 6 applies to any stationary combustion 

turbine that has a maximum gross heat input rate of at least 25 million BTU per hour 

and that is not a NOx Budget source.

 On and after May 20, 2009, Table 6 applies to any stationary combustion turbine that is 

a non-HEDD unit.

(e) The owner or operator of any stationary combustion turbine that has a maximum gross 

heat input rate of at least 25 million BTU per hour shall adjust the turbine’s combustion 

process in accordance with the procedure set forth at N.J.A.C. 7:27-19.16 and the 

following schedule:

1. For any stationary combustion turbine that has a maximum gross heat input rate 

of at least 25 million BTU but less than 30 million BTU per hour, according to 

manufacturer's recommended maintenance schedules beginning in 2007; or

2. For any stationary combustion turbine that has a maximum gross heat input rate 

of at least 30 million BTU per hour or greater, or required prior to November 7, 

2005 to adjust the combustion process, according to manufacturer's recommended 

maintenance schedules.

(f) To calculate pounds/MWh for units where energy is used for other than electric 

generation, for example useful heat from a combined heat and power unit, that useful 

energy should be converted to equivalent MWh and added to the electric output. The

pounds/MWh is based on net energy output, for both electric output and useful heat 

output.

(g) On and after May 1, 2015, the owner or operator of a stationary combustion turbine that 

is a HEDD unit or a stationary combustion turbine that is capable of generating 15 MW 

or more and that commenced operation on or after May 1, 2005 shall:

1. Cause it to emit NOx at a rate no greater than the applicable maximum allowable 

NOx emission rate specified in Table 7 below; and
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2. If the preconstruction permit or operating permit for such a combustion turbine 

allows it to combust either liquid fuel oil or gaseous fuel, cause it to emit NOx at a 

rate no greater than the applicable maximum allowable NOx emission rate for 

gaseous fuel specified in Table 7 during operation on high electric demand days, 

regardless of the fuel combusted, unless combusting gaseous fuel is not possible 

due to gas curtailment.

TABLE 71

Maximum Allowable NOx Emission Rate for any

Stationary Combustion Turbine that is a HEDD Unit

(Pounds per megawatt hour)

Type of Turbine Type of Fuel Maximum Allowable NOx

Emission Rate

Combined cycle combustion 

turbine or a regenerative

cycle combustion turbine

Gas 0.75 pounds of NOx per MWh

Oil 1.20 pounds of NOx per MWh

Simple cycle combustion 

turbine

Gas 1.00 pounds of NOx per MWh

Oil 1.60 pounds of NOx per MWh

1 On and after May 1, 2015, Table 7 applies to any stationary combustion turbine that is a HEDD 

unit or a stationary combustion turbine that is capable of generating 15 MW or more and that 

commenced operation on or after May 1, 2005.

(h) Any stationary combustion turbine that is constructed, installed, reconstructed or 

modified 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.

(i) The owner or operator of a stationary combustion turbine shall demonstrate compliance 

with the applicable maximum allowable NOx emission rate pursuant to N.J.A.C. 7:27-

19.15 in accordance with the following schedule:

1. For a non-HEDD turbine, compliance with the applicable maximum allowable 

NOx emission rate in Table 6 shall be demonstrated by November 15, 2009, and 

thereafter according to the schedule in the approved permit. If, within the period 

May 19, 2004 to May 20, 2009, the owner or operator provided to the Department 

satisfactory compliance demonstration test results that comply with Table 6, the 
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owner or operator shall be exempt from demonstrating compliance again prior to 

November 15, 2009; and

2. For a stationary combustion turbine that is subject to the emission rate(s) at (g) 

above compliance with the applicable maximum allowable NOx emission rate in 

Table 7 shall be demonstrated by November 1, 2015, or, if the HEDD unit is 

altered to meet the Table 7 emission rate, by November 1, 2015 or the date 

determined by N.J.A.C. 7:27-19.15(c), whichever date is earlier, and thereafter 

according to the schedule in the approved permit.

(j) Each owner or operator identified at N.J.A.C. 7:27-19.29(a) shall submit to the 

Department a 2009 HEDD Emission Reduction Compliance Demonstration Protocol and 

annual reports pursuant to N.J.A.C. 7:27-19.29.

(k) Each owner or operator of a stationary combustion turbine that is a HEDD unit shall 

submit to the Department a 2015 HEDD Emission Limit Achievement Plan and annual 

progress updates, as applicable, pursuant to N.J.A.C. 7:27-19.30.

7:27-19.6 Emissions averaging

(a) The Department may authorize an owner or operator to comply with an averaging plan 

approved by the Department pursuant to this section and N.J.A.C. 7:27-19.14. An owner 

or operator in compliance with such an approved averaging plan is not required to have 

each averaging unit comply with any emission limit set forth in this subchapter which 

would be applicable in the absence of an approved averaging plan.

(b) An owner or operator of two or more source operations or items of equipment may 

request that the Department authorize an averaging plan for two or more averaging units 

designated by the owner or operator. The owner or operator seeking authorization for 

averaging shall submit a written application to the Department in accordance with 

N.J.A.C. 7:27-19.14(a), (b) and (c). The owner or operator shall include the following 

information in the application:

1. Information sufficient to identify each averaging unit, including its location, a 

brief description of the unit (for example, "dry-bottom coal-fired boiler serving an 

electric generating unit" or "oil-fired simple-cycle combustion turbine"), its 

permit number, any other identifying numbers, and any other information 

necessary to distinguish it from other equipment owned or operated by the 

applicant;

2. The maximum gross heat input rate of each averaging unit, expressed in BTUs per 

hour;

3. The type of fuel or fuels combusted in each averaging unit;
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4. The maximum allowable NOx emission rate which the owner or operator proposes 

to impose upon each averaging unit, expressed in pounds per million BTU;

5. The peak daily heat input rate of each averaging unit or of the designated set, 

expressed in MMBTU;

6. A demonstration that in operating at the peak daily heat input rate of all the 

averaging units together or of the designated set would satisfy the following 

equation:

TPEE < TPAE

where:

i. TPEE means total peak estimated emissions and is equal to the sum of the 

peak estimated emissions for each averaging unit or the peak estimated 

emission of the designated set. The peak estimated emissions for each 

averaging unit equals the maximum emission rate listed in (b)4 above for 

that averaging unit, multiplied by the peak daily heat input rate listed in 

(b)5 above for that averaging unit. The peak estimated emissions of the 

designated set equals the sum of the maximum emission rates listed in (b)4 

above for each averaging unit multiplied by the daily heat input rate to that 

averaging unit at the time of the peak daily heat input rate to the 

designated set as listed in (b)5 above; and

ii. TPAE means total peak allowable emissions, and is equal to the sum of 

the total peak allowable emissions for each averaging unit or the peak 

allowable emissions of the designated set. The peak allowable emissions 

for each averaging unit equals the applicable NOx emission limit set forth 

in N.J.A.C. 7:27-19.4, 19.5, 19.7, 19.8, 19.9, 19.10 or 19.20 for that 

averaging unit, multiplied by the peak daily heat input rate listed in (b)5 

above for that averaging unit. The TPAE of the designated set means the 

applicable NOx emission limit for each averaging unit multiplied by the 

heat input rate to that averaging unit at the time of the peak daily heat 

input rate to the designated set. For an averaging unit that is included in a

seasonal fuel switching plan under N.J.A.C. 7:27-19.20, the applicable 

NOx emission limit from May 1 through September 30 is the limit 

established under N.J.A.C. 7:27-19.20(d) or 19.20(g)3 as applicable, and 

the applicable NOx emission limit from October 1 through April 30 is the 

limit established under N.J.A.C. 7:27-19.20(g)4;

7. The method to be used to measure the actual NOx emission rate of each averaging 

unit;

8. The name and phone number of the individual responsible for the recordkeeping 

required under (g) below; and
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9. Any other information which the Department requests, which is reasonably 

necessary to enable it to determine whether the averaging units designated by the 

owner or operator will comply with the requirements of this section.

(c) The Department shall approve an averaging plan only if the following requirements are 

satisfied:

1. Each averaging unit can satisfy the maximum allowable NOx emission rate which 

the owner or operator proposed under (b)4 above for that averaging unit;

2. The request for authorization satisfies all requirements of (b) above; and

3. The owner and operator of the averaging units to be included in the designated set 

enter into a Federally enforceable agreement with the Department (such as the 

inclusion of conditions in the applicable permits or operating certificates, or both), 

requiring any averaging unit for which the NOx emission rate specified under (b)4 

above is less than the applicable maximum allowable NOx emission rate specified 

at N.J.A.C. 7:27-19.4, 19.5, 19.7, 19.8, 19.9, 19.10 or 19.20 to continue to emit 

NOx at a rate no greater than that specified under (b)4 above.

(d) The owner or operator of the designated set shall operate each unit in the designated set 

in compliance with the following:

1. The actual NOx emissions from each averaging unit in the designated set, 

averaged over the appropriate time period specified in (f) below, shall not exceed 

the maximum allowable NOx emission rate specified in (b)4 above for that 

averaging unit; and

2. The sum of the actual NOx emissions from all averaging units in the designated 

set, averaged over the appropriate time period specified in (f) below, shall not 

exceed the sum of the allowable NOx emissions for all averaging units in the 

designated set. The allowable NOx emissions for each averaging unit is 

calculated according to the following formula:

Allowable NOx emissions = H x AL

where:

i. H means the actual heat input to the averaging unit during the appropriate 

time interval specified in (f) below. The heat input is expressed in 

millions of BTUs, based on the higher heating value of the fuel burned; 

and

ii. AL means the applicable NOx emission limit set forth in 

N.J.A.C. 7:27-19.4, 19.5, 19.7, 19.8, 19.9, 19.10 or 19.20 for that 
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averaging unit, expressed in pounds of NOx per million BTUs. For an 

averaging unit that is included in a seasonal fuel switching plan under 

N.J.A.C. 7:27-19.20, the applicable NOx emission limit from May 1 

through September 15 is the limit established under 

N.J.A.C. 7:27-19.20(g)3, and the applicable NOx emission limit from 

September 16 through April 30 is the limit established under 

N.J.A.C. 7:27-19.20(g)4.

(e) The owner or operator of the designated set shall calculate the actual NOx emissions of 

each averaging unit using emissions data from a continuous emissions monitoring system 

satisfying the requirements of N.J.A.C. 7:27-19.18. The owner or operator may comply 

with this requirement using emissions data derived in accordance with a monitoring plan 

for limited installation of continuous emissions monitoring systems approved by the 

Department under N.J.A.C. 7:27-19.18(e).

(f) The owner or operator shall demonstrate compliance with this section as follows:

1. The owner or operator shall determine whether the operations of the designated 

set and of each averaging unit comply with this section for each calendar day 

during the period beginning May 1 and ending September 30 of each year. The 

owner or operator shall base the calculations required under (d)1 and 2 above 

upon the heat input and NOx emissions for each averaging unit over the entire 

calendar day. The owner or operator shall perform the calculations and make a 

record of them within three working days after the date which is the subject of the 

calculation; and

2. The owner or operator shall determine whether the operations of the designated 

set and of each averaging unit comply with this section for the 30-day period 

ending on October 1 of each year, and the 30-day period ending on each 

subsequent day through April 30 of the following year. The owner or operator 

shall base the calculations required under (d)1 and 2 above upon the heat input 

and NOx emissions for each averaging unit over the entire 30-day period. The 

owner or operator shall perform the calculations and make a record of them by the 

15th day of each month, for all 30-day periods ending in the preceding month.

(g) The owner or operator of a designated set shall maintain the records listed below for five 

years from the date on which each record was made. The owner or operator shall 

maintain such records in a permanently bound log book or an electronic method, in a 

format that enables the Department to readily determine whether the designated set and 

each averaging unit are in compliance. The owner or operator shall maintain the 

following records:

1. The unique identifier for each averaging unit included in the designated set as 

specified in (b)1 above;

2. The time period for which the data is being recorded;
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3. The date upon which the data was recorded;

4. The amount, type and higher heating value of the fuel(s) consumed over the 

subject time period;

5. The amount of NOx (expressed in pounds or tons) emitted by each averaging unit 

over the subject time period;

6. Whether the amount exceeds the allowable rate for the averaging unit specified 

under (b)4 above;

7. The sum of the amounts listed in (g)5 above for all averaging units;

8. The allowable NOx emissions calculated pursuant to (d)2 above; and

9. Any other information required to be maintained as a condition of approval 

granted pursuant to (b) above.

(h) The owner or operator of a designated set shall submit quarterly reports to the 

Department on April 30, July 30, October 30 and January 30 of each year, for the 

immediately preceding calendar quarter ending March 31, June 30, September 30 and 

December 31, respectively. The owner or operator shall submit the report to the 

Department at the address set forth in (k) below. The owner or operator shall include the 

following information in the quarterly report:

1. The information listed in (g)2 and 3 above;

2. In the report for the quarter ending March 31, the compliance determination 

required under (f)2 above for each 30-day period ending on a calendar day within 

the quarter;

3. In the report for the quarter ending June 30:

i. The compliance determination required under (f)2 above for each 30-day 

period ending on a calendar day from April 1 through May 14, inclusive; 

and

ii. The compliance determination required under (f)1 above for each calendar 

day from May 15 through June 30, inclusive;

4. In the report for the quarter ending September 30, the compliance determination 

required under (f)1 above for each calendar day from July 1 through September 

30; and
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5. In the report for the quarter ending December 31, the compliance determination 

required under (f)2 above for each 30-day period ending on a calendar day within 

the quarter.

(i) If the emissions from the designated set or from any averaging unit do not comply with 

(d) above for any time period described in (f) above, the owner or operator of the 

designated set shall deliver (as opposed to send) written notice of the non-compliance to 

the Department within two working days after the date on which the owner or operator 

was required to calculate compliance under (f) above. The owner or operator shall 

provide the notice in writing to the Regional Enforcement Officer, at the address 

specified at N.J.A.C. 7:27-19.3(i) for the county in which the averaging unit with the 

highest NOx emission rate is located. The owner or operator shall include the following 

information in the notification:

1. The name of the owner or operator;

2. The name and telephone number of the person specified in (b)7 above;

3. All information required to be recorded under (h) above;

4. A statement of the reason(s) for the non-compliance, if known; and

5. Certification of the notification, in accordance with N.J.A.C. 7:27-1.39.

(j) An owner or operator of an averaging unit which cannot be operated due to sudden and 

reasonably unforeseeable circumstances beyond the control of the owner or operator, 

including, but not limited to, a Generator Forced/Unplanned Outage as defined by PJM 

Manual 35: Definitions and Acronyms, Revision: 14, Effective Date: October 21, 2008 at 

http://www.pjm.com/documents/manuals/~/media/documents/manuals/m35.ashx, which 

definition is incorporated herein by reference, as supplemented or amended, and for 

which the NOx emission rate specified under (b)4 above is less than the applicable 

maximum allowable NOx emission rate under N.J.A.C. 7:27-19.4 , 19.5, 19.7, 19.8, or 

19.10 shall take the following actions:

1. Within two working days after the averaging unit ceased operating, deliver (as 

opposed to send) written preliminary notice to the Department. This preliminary 

notice shall be followed up within 30 calendar days of the occurrence of the 

incident certifying the information in accordance with N.J.A.C. 7:27-1.39. In the 

written notice, the owner or operator shall identify the unit which is or was not 

operating, and state why it is or was not operating;

2. If circumstances beyond the control of the owner or operator make it 

impracticable either to repair the averaging unit within 15 calendar days after it 

ceased operating, or to comply with the averaging plan without operating the unit 

(for example, through reducing the operations of another unit and purchasing 

electric power from another source), include in the notice described in (j)1 above 
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an explanation of those circumstances and an estimate of the time required to 

repair the averaging unit; and

3. In determining whether the designated set is in compliance with (d)2 above, 

assume that the NOx emissions and heat input for the non-operational averaging 

unit for each of the first 15 days of non-operation (or such longer period, not to 

exceed six months, as the Department determines is necessary to repair the 

averaging unit based on the information submitted under (j)2 above) are equal to 

the actual emissions and heat input for that unit on the most recent comparable 

demand day. For each day after the end of the period described above, assume 

that the NOx emissions and heat input for the non-operational averaging unit are 

zero.

(k) A person required to submit a quarterly report to the Department under (h) above shall 

send the quarterly report to the applicable address listed below:

1. If the averaging unit with the highest NOx emission limit is located in Burlington

County, Mercer County, Middlesex County, Monmouth County, or Ocean 

County, the person shall send the quarterly report to:

Department of Environmental Protection

Bureau of Air Compliance & Enforcement - Central

4 Station Plaza

Mail Code 22-03A

P.O. Box 420

Trenton, NJ 08625-0420

2. If the averaging unit with the highest NOx emission limit is located in Bergen 

County, Essex County, Hudson County, Hunterdon County, Morris County, 

Passaic County, Somerset County, Sussex County, Union County, or Warren 

County, the person shall send the quarterly report to:

Department of Environmental Protection

Bureau of Air Compliance & Enforcement - Northern

7 Ridgedale Avenue

Cedar Knolls, NJ 07927

3. If the averaging unit with the highest NOx emission limit is located in Atlantic 

County, Camden County, Cape May County, Cumberland County, Gloucester 

County, or Salem County, the person shall send the quarterly report to:

Department of Environmental Protection

Bureau of Air Compliance & Enforcement - Southern

2 Riverside Drive, Suite 201

Camden, NJ 08103-1013
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7:27-19.7 Industrial/commercial/institutional boilers and other indirect heat 

exchangers

(a)-(c) (Reserved)

(d) The owner or operator of any industrial/commercial/institutional boiler or other indirect 

heat exchanger with a maximum gross heat input rate of at least 250 million BTUs per 

hour shall install a continuous emissions monitoring system in accordance with N.J.A.C. 

7:27-19.18.

(e)-(f) (Reserved)

(g) On and after March 7, 2007, the owner or operator of an 

industrial/commercial/institutional boiler or other indirect heat exchanger with a 

maximum gross heat input rate of at least five million BTU per hour, whether or not it is 

located at a major NOx facility, shall adjust the combustion process annually in 

accordance with the procedure set forth at N.J.A.C. 7:27-19.16 and the following 

schedule:

1. For an industrial/commercial/institutional boiler or other indirect heat exchanger 

with a maximum gross heat input rate of at least five million BTU per hour, but 

less than 10 million BTU per hour, in the same quarter of each calendar year, 

beginning in 2010;

2. For an industrial/commercial/institutional boiler or other indirect heat exchanger 

with a maximum gross heat input rate of at least 10 million BTU per hour, but 

less than 20 million BTU per hour, in the same quarter of each calendar year 

beginning in 2008; or

3. For an industrial/commercial/institutional boiler or other indirect heat exchanger 

with a maximum gross heat input rate of at least 20 million BTU per hour or 

greater, in the same quarter of each calendar year beginning in 2007.

(h) On and after March 7, 2007, the owner or operator of an 

industrial/commercial/institutional boiler or other indirect heat exchanger with a 

maximum gross heat input rate of at least 50 million BTU per hour, located at a major 

NOx facility, shall cause the boiler or other indirect heat exchanger to emit NOx at a rate 

no greater than the applicable maximum allowable NOx emission rate specified in Table 

8 below, in accordance with the following, unless the owner or operator is complying 

with N.J.A.C. 7:27-19.3(f):

1. For an industrial/commercial/institutional boiler or other indirect heat exchanger 

that is not located at a petroleum refinery: 

i. The owner or operator shall cause the industrial/commercial/institutional 
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boiler or other indirect heat exchanger to emit NOx at a rate no greater

than the applicable maximum allowable NOx emission rate specified in

Table 8 below through April 30, 2010, if compliance is achieved without 

physically modifying the boiler or other indirect heat exchanger; or

ii. The owner or operator shall cause the industrial/commercial/institutional 

boiler or other indirect heat exchanger to emit NOx at a rate no greater 

than the applicable maximum allowable NOx emission rate specified in

Table 8 below through April 30, 2011, if compliance is achieved by 

physically modifying the boiler or other indirect heat exchanger; and

2. For an industrial/commercial/institutional boiler or other indirect heat exchanger 

that is located at a petroleum refinery, the dates at (h)1 above shall not apply. The 

owner or operator shall cause the industrial/commercial/institutional boiler or 

other indirect heat exchanger to emit NOx at a rate no greater than the applicable 

maximum allowable NOx emission rate specified in Table 8 below.

TABLE 8

Maximum Allowable NOx Emission Rates for

Industrial/Commercial/Institutional Boilers or other Indirect Heat Exchangers

(pounds per million BTU)

Heat Input Rate

(million BTU per hr) Fuel/Boiler Type Firing Method

Tangential Face

at least 50 but < 100

Cyclone

Natural gas only 0.10 0.10 0.10

No. 2 Fuel oil only 0.12 0.12 0.12

Refinery fuel gas and 

other gaseous fuels

0.20 0.20 N/A

Other liquid fuels 0.30 0.30 0.30

Coal – Wet Bottom 1.0 1.0 0.55

Coal – Dry Bottom 0.38 0.43 0.55

at least 100 or greater Natural gas only 0.10 0.10 0.10

Refinery fuel gas and 

other gaseous fuels

0.20 0.20 N/A

Fuel oil and/or natural gas 0.20 0.28 0.43

Coal – Wet Bottom 1.0 1.0 0.60

Coal – Dry Bottom 0.38 0.45 0.55

(i) The owner or operator of an industrial/commercial/institutional boiler or other indirect 

heat exchanger, with a maximum gross heat input rate of at least 25 million BTU per 

hour, whether or not it is located at a major NOx facility, but which is not located at a 

petroleum refinery, shall cause the boiler or other indirect heat exchanger to emit NOx at 
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a rate no greater than the applicable maximum allowable NOx emission rate specified at 

Table 9 below in accordance with the following schedule, unless the owner or operator is 

complying with N.J.A.C. 7:27-19.3(f):

1. For an industrial/commercial/institutional boiler or other indirect heat exchanger 

with a maximum gross heat input rate of at least 25 million BTU per hour, but 

less than 50 million BTU per hour:

i. On and after May 1, 2011, if compliance is achieved without physically 

modifying the boiler or other indirect heat exchanger; or

ii. On and after May 1, 2012, if compliance is achieved by physically 

modifying the boiler or other indirect heat exchanger; and

2. For an industrial/commercial/institutional boiler or other indirect heat exchanger 

with a maximum gross heat input rate of at least 50 million BTU per hour: 

i. On and after May 1, 2010, if compliance is achieved without physically 

modifying the boiler or other indirect heat exchanger; or

ii. On and after May 1, 2011 if compliance is achieved by physically 

modifying the boiler or other indirect heat exchanger. 

TABLE 9

Maximum Allowable NOx Emission Rates for

Industrial/Commercial/Institutional Boilers or Other Indirect Heat Exchangers

Fired by Gas or Liquid Fuels

(pounds per million BTU)

Heat Input Rate

(million BTU per hr)

Rate

Fuel Type (pounds per million BTU)

at least 25 but < 100 Natural gas only 0.05

No. 2 Fuel oil only 0.08

Other gaseous fuels 

(This does not include 

refinery fuel gas)

0.20

Other liquid fuels 0.20

Dual fuel using fuel oil 

and/or natural gas

0.12

at least 100 or greater Natural gas only 0.10

No. 2 Fuel oil only 0.10
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Other gaseous fuels 

(This does not include 

refinery fuel gas)

0.20

Other liquid fuels 0.20

Dual fuel using fuel oil 

and/or natural gas

0.20

7:27-19.8 Stationary reciprocating engines

(a) The owner or operator of a rich-burn stationary reciprocating engine capable of 

producing an output of 500 brake horsepower or more, fueled by gaseous fuel, shall cause 

it to emit no more than 1.5 grams of NOx per bhp-hr. Beginning March 7, 2007, a richburn stationary reciprocating engine capable of producing an output of 370 kW or more, 

fueled by gaseous fuel, and used for generating electricity, shall be subject to (e) below, 

and not to this subsection.

(b) The owner or operator of a lean-burn stationary reciprocating engine capable of 

producing an output of 500 brake horsepower or more, fueled by gaseous fuel, shall cause 

it to emit no more than 2.5 grams of NOx per horsepower bhp-hr. Beginning March 7, 

2007, a lean-burn stationary reciprocating engine capable of producing an output of 370 

kW or more, fueled by gaseous fuel, and used for generating electricity, shall be subject 

to (e) below, and not to this subsection.

(c) The owner or operator of a lean-burn stationary reciprocating engine capable of 

producing an output of 500 brake horsepower or more, fueled by liquid fuel, shall cause it 

to emit no more than 8.0 grams of NOx per bhp-hr. Beginning March 7, 2007, a leanburn stationary reciprocating engine capable of producing an output of 370 kW or more, 

fueled by liquid fuel, and used for generating electricity, shall be subject to (e) below, and 

not to this subsection.

(d) In lieu of complying with a NOx emission limit under (a), (b) or (c) above, the owner or 

operator of a stationary reciprocating engine may comply with N.J.A.C. 7:27-19.3(f).

(e) On and after March 7, 2007, the owner or operator of a stationary reciprocating engine 

used for generating electricity whether or not it is located at a major NOx facility, shall 

meet the following requirements, unless the owner or operator is complying with 

N.J.A.C, 7:27-19.3(f):

1. For an engine that has a maximum rated power output of 148 kW or greater, cause 

it to emit NOx at a rate no greater than the applicable maximum allowable NOx

emission rate specified in Table 10 below;

TABLE 10

Maximum Allowable NOx Emission Rates for Stationary Reciprocating Engines
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Applicable to Paragraph (e)1 above and (e)4 below

Used for Generating Electricity

Maximum Allowable NOx Emission 

Rate

Engine/Fuel Type (grams per Bhp-hr)

Rich-Burn fueled by Gaseous or 

Liquid Fuel

1.5

Lean-Burn fueled by Gaseous Fuel 1.5 or an emission rate which is 

equivalent to 80 percent NOx

reduction from the uncontrolled NOx

emission level

Lean-Burn fueled by Liquid Fuel 2.3

Lean- Burn fueled by Dual-Fuels

(gas and liquid fuel)

2.3

2. For an engine that has a maximum rated power output of 37 kW or greater and 

that has commenced operation at the facility on or after March 7, 2007, cause it to 

emit NOx at a rate no greater than 0.90 grams per bhp-hr;

3. For an engine that has a maximum rated power output of 37 kW or greater and 

that has been modified on or after March 7, 2007, cause it to emit NOx at a rate no 

greater than 0.90 grams per bhp-hr or an emission rate which is equivalent to a 90 

percent NOx reduction from the uncontrolled NOx emission level;

4. For a group of two or more stationary reciprocating engines, each of which has a 

rated power output of 37 kW or greater, but less than 148 kW, and whose total 

combined power output is 148 kW or greater, cause it to emit NOx at a rate no 

greater than the applicable maximum allowable NOx emission rate specified in 

Table 10 above.

5. For a modified engine to take advantage of a percent reduction standard specified 

in Table 10 at (e)1 above, or (e)3 above in lieu of the default emission standard, 

the equivalent grams per bhp-hr limit must be incorporated into a Preconstruction 

Permit or Operating Permit. To support the permit application, a stack test 

conducted in accordance with N.J.A.C. 7:27-19.15(a)2, utilizing a protocol 

developed using the protocol templates in Technical Manual 1004, available at the 

Department's website at www.state.nj.us/dep/aqpp/techman.html, must be used to 

establish the baseline emission rate prior to modification. The engine must have 

had the combustion processes adjusted using the procedures at N.J.A.C. 7:27-
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19.16 prior to the stack test. The protocol and test results must be approved by 

the Bureau of Technical Services (BTS).

(f) The owner or operator of any stationary reciprocating engine that has a maximum rated 

power output of at least 37 kW or greater, used for generating electricity, and whether or 

not it is located at a major NOx facility, shall adjust the engine’s combustion process in 

accordance with the procedures set forth at N.J.A.C. 7:27-19.16 and the following 

schedule:

1. For stationary reciprocating engine that has a maximum rated power output of at 

least 37 kW but less than 370 kW used for generating electricity, according to 

manufacturer's recommended maintenance schedules beginning in 2007; or

2. For stationary reciprocating engine that has a maximum rated power output of at 

least 370 kW or greater, or required prior to November 7, 2005 to adjust the 

combustion process, according to manufacturer's recommended maintenance 

schedules.

7:27-19.9 Asphalt pavement production plants

(a) The owner or operator of an asphalt pavement production plant shall cause it to emit NOx

at a rate no greater than the applicable maximum allowable NOx emission concentrations 

specified in Table 11 below, in accordance with the schedule specified at (f) below.

TABLE 11

Maximum Allowable NOx Emission Concentrations

for Asphalt Pavement Production Plants

(ppmvd at seven percent O2)

Fuel Type NOx Emission 

Natural gas

Concentration

75

No. 2 fuel oil 100

No. 4 fuel oil, heavier fuel oils or onspecification used oil or any mixture of these 

three oils

125

(b) At least annually, the owner or operator of an asphalt pavement production plant subject 

to (a) above shall adjust the combustion process of the aggregate dryer in accordance 

with N.J.A.C. 7:27-19.16.

(c) In lieu of complying with a NOx emission limit under (a) above, the owner or operator of 

an asphalt pavement production plant may comply with N.J.A.C. 7:27-19.3(f).
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(d) The owner or operator of an asphalt pavement production plant shall perform the 

following best management practices:

1. Reduce aggregate moisture content by:

i. Covering the aggregate stockpile to prevent high water content due to rain; 

or

ii. Designing and operating stockpiles for water drainage and removing sand 

and aggregate from piles at a sufficient height above the base to avoid 

charging wet mix to the dryer;

2. Conduct monthly inspections of the flights in the dryer when the dryer is in use to 

determine the degree of wear and the need for replacement. If necessary, replace 

or modify a flight with an appropriate flight for the applicable combustion zone; 

and 

3. Annually inspect the air system and repair air system leaks to minimize excess air.

(e) The owner or operator of an asphalt pavement production plant shall record and maintain 

onsite logs of the implementation of the best management practices required in (d) above. 

Each record shall be maintained in accordance with N.J.A.C. 7:27-19.19.

(f) The owner or operator of an asphalt pavement production plant shall comply with the 

NOx emission concentrations at (a) above in accordance with the following schedule:

1. An asphalt pavement production dryer with a maximum gross heat input rate of 

less than 100 MMBTU/hr, shall comply:

i. On and after May 1, 2011, if compliance is achieved without physically 

modifying the dryer; or

ii. On and after May 1, 2012, if compliance is achieved by physically 

modifying the dryer.

2. An asphalt pavement production dryer with a maximum gross heat input of at 

least 100 MMBTU/hr, shall comply:

i. On and after May 1, 2010, if compliance is achieved without physically 

modifying the dryer; or

ii. On and after May 1, 2011, if compliance is achieved by physically 

modifying the dryer.

7:27-19.10 Glass manufacturing furnaces
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(a) The owner or operator of any commercial container glass manufacturing furnace listed in 

N.J.A.C. 7:27-19.2(b)6, specialty container glass manufacturing furnace listed in 

N.J.A.C. 7:27-19.2(b)7, borosilicate recipe glass manufacturing furnace listed in N.J.A.C. 

7:27-19.2(b)8, or pressed glass manufacturing furnace, blown glass manufacturing 

furnace or fiberglass manufacturing furnace listed in N.J.A.C. 7:27-19.2(b)9 shall cause 

the furnace to emit no more than 4.0 pounds of NOx per ton of glass removed from the 

furnace. 

(b) The owner or operator of any flat glass manufacturing furnace listed in N.J.A.C. 

7:27-19.2(b)9 shall cause the furnace to emit no more than 9.2 pounds of NOx per ton of 

glass removed from the furnace.

(c) (Reserved)

(d) A glass manufacturing furnace subject to this subchapter shall comply with the 

requirements of (a) and (b) above beginning on and after May 1, 2010 on the first date of 

startup after which rebricking of the furnace is completed.

(e) Beginning in calendar year 1994, the owner or operator of a glass manufacturing furnace 

subject to this subchapter shall adjust the combustion process of the furnace in 

accordance with N.J.A.C. 7:27-19.16 before May 1 of each calendar year.

(f) In lieu of complying with a NOx emission limit under (a) or (b) above, the owner or 

operator of a glass manufacturing furnace may comply with one of the following, or with 

a combination of (f)1 and 3 below:

1. An emissions averaging plan approved by the Department pursuant to N.J.A.C. 

7:27-19.6 and 19.14, which includes the combustion source in question as an 

averaging unit;

2. An alternative maximum allowable emission rate for the furnace, approved by the 

Department pursuant to N.J.A.C. 7:27-19.13; or

3. A seasonal fuel switching plan for the furnace, approved by the Department 

pursuant to N.J.A.C. 7:27-19.14 and 19.20.

7:27-19.11 Emergency generators - recordkeeping

(a) The owner or operator of an emergency generator with a maximum rated output of 37 

kW, shall maintain on site and record in a logbook or computer data system, the following 

information:

1. Once per month, the total operating time from the generator’s hour meter;
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2. For each time the emergency generator is specifically operated for testing or 

maintenance:

i. The reason for its operation;

ii. The date(s) of operation and the start up and shut down time;

iii. The total operating time for testing or maintenance based on 

the generator’s hour meter; and

iv. The name of the operator; and 

3. If a voltage reduction is the reason for the use of the emergency generator, a copy 

of the voltage reduction notification from PJM or other documentation of the 

voltage reduction.

(b) The owner or operator of an emergency generator shall maintain the records required 

under (a) above for a period of no less than five years after the record was made and shall 

make the records readily available to the Department or the EPA upon request.

7:27-19.12 Municipal solid waste (MSW) incinerators

(a) The owner or operator of a MSW incinerator of any size shall cause it to emit NOx at a 

maximum allowable emission concentration of 150 ppmvd at seven percent oxygen based 

on a calendar day average:

1. On and after July 18, 2009, if compliance is achieved by optimizing the existing 

NOx air pollution control system without modifying the MSW incinerator; or

2. On and after May 1, 2011, if compliance is achieved by installing a new NOx air 

pollution control system on an existing MSW incinerator or by physically 

modifying an existing MSW incinerator.

(b) In lieu of complying with the maximum allowable emissions concentration at (a) above, 

the owner or operator of a MSW incinerator may comply by obtaining an alternative 

maximum allowable NOx emission rate approved by the Department pursuant to N.J.A.C. 

7:27-19.13.

(c) The owner or operator of any MSW incinerator shall install a NOx continuous emissions 

monitoring system on a MSW incinerator satisfying the requirements of N.J.A.C. 7:27-

19.18 and shall demonstrate compliance with (a) or (b) above using the NOx continuous 

emissions monitoring system.
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7:27-19.13 Alternative and facility-specific NOx emission limits

(a) This section establishes procedures and standards for the establishment of alternative 

maximum allowable NOx emission rates, maximum allowable NOx emission 

concentrations, or other NOx regulatory parameters, and facility-specific maximum 

allowable NOx emission rates, maximum allowable NOx emission concentrations, or 

other NOx regulatory parameters in the following circumstances:

1. If the owner or operator of a major NOx facility seeks approval of a maximum 

allowable emission rate, maximum allowable emission concentration, or other 

regulatory parameter for any source operation or item of equipment of a category 

not listed in N.J.A.C. 7:27-19.2(b) or (c) that has the potential to emit more than 

10 tons of NOx per year, except as provided in (p) below. Such a rate, 

concentration, or other limit approved by the Department pursuant to N.J.A.C. 

7:27-19.13 shall be called a facility-specific NOx emission limit (FSEL). The 

owner or operator shall obtain this FSEL by submitting a proposed facilityspecific NOx control plan pursuant to (b) below;

2. If the owner or operator of a source operation or item of equipment listed in 

N.J.A.C. 7:27-19.2(b) or (c) seeks approval of an alternative maximum allowable 

emission rate, alternative maximum allowable emission concentration, or other 

alternative regulatory parameter, which would apply to the equipment or source 

operation in lieu of the maximum allowable emission rate, maximum allowable 

emission concentration, or other regulatory parameter, respectively, that would 

otherwise apply under this subchapter. The owner or operator shall obtain this 

alternative rate, alternative concentration or other alternative limit by submitting a 

request for an alternative emission limit (AEL) pursuant to (b) below; or

3. If the owner or operator of a source operation or item of equipment was issued a 

facility-specific or an alternative emission limit for that source operation or item 

of equipment prior to May 1, 2005, and if the owner or operator would like to 

continue to operate under this limit, the owner or operator shall submit a proposed 

facility-specific NOx control plan or a request for an alternative emission limit, as 

applicable, pursuant to (b) below.

(b) The owner or operator of a facility described in (a) above shall obtain the Department's 

written approval of a facility-specific NOx control plan or an alternative emission limit as 

follows:

1. Any facility-specific NOx control plan, including the facility-specific emission 

limit, approved by the Department after May 19, 2009 shall not have an expiration 

date, except in accordance with (b)6 and (j) below;

2. Any alternative emission limit approved by the Department after May 19, 2009

shall have a term of 10 years, unless the source operation or item of equipment 

with the alternative emission limit is modified, altered or reconstructed during the 
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term of the plan. If the source operation or item is modified, altered or 

reconstructed, (b)6 or (k) below, as applicable, shall also apply;

3. Any owner or operator in (a)1 shall submit to the Department in writing a 

proposed facility-specific NOx control plan for the facility. In the proposed 

facility-specific NOx control plan, the owner or operator shall include:

i. A list of each source operation or item of equipment at the facility that has 

the potential to emit more than 10 tons of NOx per year and is not listed in 

N.J.A.C. 7:27-19.2(b) or (c). In the list, the owner or operator shall briefly 

describe the source operation or item of equipment, and list its permit 

number and any other identifying numbers; and

ii. The information listed in (d) below.

4. Any owner or operator of a facility described in (a)2 above shall submit to the 

Department a written request for an alternative emission limit for each applicable 

source operation or item of equipment. In the request, the owner or operator shall 

include the information listed in (c) below;

5. Any owner or operator of a facility described in (a)3 above shall submit to the 

Department a written request for an alternative emission limit or a proposed 

facility-specific NOx control plan by August 17, 2009. The owner or operator 

may request a 90-day extension pursuant to N.J.A.C. 7:27-19.3(e) to submit the 

request or proposed plan; 

i. In the proposed facility-specific NOx control plan, the owner or operator 

shall include the information listed at (b)3i and ii above. In a request for 

an alternative emission limit, the owner or operator shall include the 

information listed at (c) below;

ii. If the owner or operator submits a request or proposed plan by August 17, 

2009 or by the date of any extension approved by the Department, the 

owner or operator’s existing alternative emission limit or facility-specific 

emission limit, as applicable, shall terminate on the date stated in the 

implementation schedule of the request or proposed plan that the 

Department approves; and

iii. If the owner or operator does not submit a request or proposed plan or 

extension request by August 17, 2009, the owner or operator’s existing 

alternative emission limit or facility-specific emission limit shall terminate 

on August 17, 2009;

6. If the owner or operator of a facility has an approved alternative emission limit or 

an approved facility-specific emission limit for a source operation or item of 

equipment, and intends to modify, alter or reconstruct that source operation or 
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item of equipment, such that the alternative or facility-specific emission limit 

would change, the existing alternative or facility-specific emission limit shall 

terminate on the start-up date of the modified, altered or reconstructed source 

operation or item of equipment. If the owner or operator plans to continue 

operating under an alternative or facility-specific emission limit, the owner or 

operator shall, pursuant to this section, apply for and obtain approval of a new 

alternative emission limit or facility-specific NOx control plan prior to operation 

of the modified, altered or reconstructed source operation or item of equipment; 

and

7. If the owner or operator of a facility that has an approved 10-year term alternative 

emission limit plans to continue operating under an alternative emission limit 

beyond the existing limit’s expiration date, the owner or operator shall submit a 

request for a new alternative emission limit at least one year prior to the 

termination date of the existing alternative emission limit. The existing alternate 

emission limit shall terminate on its termination date or on the date of the 

Department’s final action on the proposed new alternative emission limit, 

whichever is later.

(c) The owner or operator of a source operation or item of equipment listed in N.J.A.C. 

7:27-19.2(b) may request approval of an alternative emission limit in accordance with 

this section. In the request, the owner or operator shall include:

1. A brief description of the equipment or source operation which is the subject of 

the request, and its permit number and any other identifying numbers;

2. A demonstration that the source operation or item of equipment is not reasonably 

able to comply with this subchapter through any alternative means of compliance 

established under this subchapter (for example, through seasonal combustion of 

natural gas pursuant to N.J.A.C. 7:27-19.4(b), or through compliance with an 

averaging plan under N.J.A.C. 7:27-19.6); and

3. The information listed in (d) below.

(d) In addition to the information required under (b) or (c) above, as applicable, the owner or 

operator shall include the following information in a proposed facility-specific NOx

control plan or request for an alternative emission limit:

1. For each source operation or item of equipment listed in (b)3i above or (c)1 

above, as applicable, a list of all NOx control technologies available for use with 

the equipment or source operation;

2. An analysis of the technological feasibility of installing and operating each 

control technology identified in (d)1 above;
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3. For each control technology which is technologically feasible to install and 

operate, an estimate of the cost of installation and operation;

4. An estimate of the remaining useful life of each source operation or item of 

equipment listed in (b)3i above or (c)1 above, as applicable;

5. An estimate of the reduction in NOx emissions attainable through the use of each 

control technology which is technologically feasible to install and operate;

6. For each source operation or item of equipment listed in (b)3i above or (c)1 

above, as applicable, the NOx control technology or technologies which the owner 

or operator proposes to employ and an implementation schedule;

7. For each source operation or item of equipment listed in (b)3i above or (c)1 

above, as applicable, a proposed NOx emission limit;

8. Any other information which the Department requests which is reasonably 

necessary to enable it to determine whether the application satisfies the 

requirements of (g) below; and

9. A certification signed by the owner or operator, satisfying the requirements of 

N.J.A.C. 7:27-8.24.

(e) Within 30 days after receiving a proposed NOx control plan or request for an alternative 

emission limit, the Department shall notify the owner or operator in writing whether the 

submission includes all of the information required under (d) above and under (b) or (c) 

above, as applicable. If the proposed NOx control plan or request for an alternative 

emission limit is incomplete, the following shall apply:

1. The Department shall include in the notice a list of the deficiencies, a statement of 

the additional information required to make the proposed plan or request 

complete, and a time by which the owner or operator must submit a complete 

proposed plan or request;

2. The Department may refrain from reviewing the substance of the proposed plan or 

request (or any part thereof) until it is complete;

3. The owner or operator shall submit a complete proposed plan or request within 

the time stated in the Department's notification;
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4. If the owner or operator fails to submit a complete proposed plan within the time 

stated in the Department's notification, the failure is a violation of this subchapter; 

and

5. If the owner or operator fails to submit a complete request for an alternative 

emission limit within the time stated in the Department's notification, the 

Department may deny the request.

(f) The Department shall seek comments from the general public before making any final 

decision to approve or disapprove a proposed NOx control plan or request for an 

alternative emission limit. The Department shall publish notice of opportunity for public 

comment in a newspaper of general circulation in the area in which the major NOx

facility is located.

(g) Within six months after receiving a complete proposed NOx control plan or request for an 

alternative emission limit, the Department shall approve, approve and modify, or 

disapprove the proposed plan or request and notify the owner or operator of the decision 

in writing. The Department shall approve the proposed plan or request only if it satisfies 

the following requirements:

1. The proposed plan or request contains all of the information required under (d) 

above and under (b) or (c) above, as applicable;

2. The proposed plan or request considers all control technologies available for the 

control of NOx emissions from the type of equipment or source operation in 

question;

3. For any control technologies described in (g)2 above which the owner or operator 

does not propose to use on the equipment or source operation, the proposed plan 

or request demonstrates that the control technology:

i. Would be ineffective in controlling NOx emissions from the equipment or 

source operation;

ii. Is unsuitable for use in the equipment or source operation, or duplicative 

of control technology which the plan proposes to use;

iii. Would carry costs disproportionate to the improvement in the reduction of 

the NOx emissions limit which the control technology is likely to achieve, 

or disproportionately large in comparison to the total reduction in NOx
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emissions which the control technology is likely to achieve over its useful 

life; or

iv. Would carry costs disproportionate to the costs incurred for the control of 

NOx emissions from the same type of equipment or source operations used 

by other persons in the owner or operator's industry;

4. The emission limit proposed for each source operation and item of equipment is 

the lowest limit, which can practicably be achieved at a cost within the limits 

described in (g)3iii and iv above;

5. The cost of achieving an additional emission reduction beyond each proposed 

emission limit would be disproportionate to the size and environmental impact of 

that additional emission reduction; and

6. Any significant net emission of any criteria pollutant (as determined pursuant to 

N.J.A.C. 7:27-19.17 or 19.18, as applicable) do not cause or significantly 

contribute to a violation of a National Ambient Air Quality Standard, an 

exceedance of a Federal Prevention of Significant Deterioration increment if 

applicable, or any violation of the Clean Air Act, 42 U.S.C. 7401 et seq. A 

significant net emission increase of any criteria pollutant, and the determination of 

when such an increase causes or significantly contributes to an exceedance of a 

National Ambient Air Quality Standard, shall be determined pursuant to N.J.A.C. 

7:27-18.

(h) Any alternate emissions limit pursuant to (c) above or NOx control plan pursuant to (b) 

above approved by the Department will be submitted to EPA for approval as a revision to 

the State Implementation Plan (SIP) for ozone.

(i) As a condition of an approval issued under this section, the Department may impose 

requirements upon the operation of any of the equipment or source operations at the 

subject facility listed pursuant to (b)3i or (c)1 above necessary to minimize any adverse 

impact upon human health, welfare and the environment.

(j) Before altering any equipment or source operation which is included in an approved 

facility-specific NOx control plan, the owner or operator shall:

1. If the alteration would change any of the information required in (b) or (d) above, 

apply for and obtain pursuant to the procedures set forth at (b) and at (d) through 

(j) above the Department's approval of an amended facility-specific NOx control 

plan, reflecting the proposed alteration. If the owner or operator does not obtain 

the Department's approval before commencing operation of the altered equipment 

or source operation, the Department may (in addition to assessing penalties under 

N.J.A.C. 7:27A-3.10) modify the facility-specific NOx control plan to reflect the 

alteration, in a manner satisfying the criteria set forth in (g) above; and
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2. Apply for and obtain such permits and certificates, or changes thereto, as are 

required under N.J.A.C. 7:27-8 or 22, N.J.A.C. 7:1K-5, and any other applicable 

law or regulation.

(k) An approval of an alternative emission limit is void upon the alteration of equipment or 

source operation which is subject to the rate unless:

1. The Department approves continued application of the existing alternative 

emission limit if the proposed alteration does not materially affect the basis of the 

Department's original approval; or

2. The owner or operator, before altering any equipment or source operation which 

is subject to an alternative emission limit, applies for and obtains the Department's 

approval of:

i. A revised alternative emission limit pursuant to this section, reflecting the 

proposed alteration; and

ii. Such permits and certificates as are required under N.J.A.C. 7:27-8 or 22, 

N.J.A.C. 7:1K-5, and any other applicable law or regulation.

(l) The Department will revoke an approval of a NOx control plan by written notice to the 

holder of the approval if EPA denies approval of the proposed NOx plan as a revision to 

the State Implementation Plan. The Department may revoke an approval of a NOx

control plan by written notice to the holder of the approval, if:

1. Any material condition of the approval is violated;

2. The Department determines that its decision to grant the approval was materially 

affected by a misstatement or omission of fact in the proposed plan or any 

supporting documentation; or

3. The Department determines that continued use of the subject equipment or source 

operation pursuant to the approval poses a potential threat to the public health, 

welfare or the environment.

(m) A person may request an adjudicatory hearing in accordance with the procedure at 

N.J.A.C. 7:27-1.32, if:

1. The Department denied the person's application for approval of a plan or 

alternative limit under this section;

2. The person seeks to contest one or more conditions of the Department's approval 

imposed under (i) above; or

3. The Department has revoked the person's approval pursuant to (l)1, 2 or 3 above.
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(n) The owner or operator of a facility described in (a)1 above shall implement the NOx

control plan (including, without limitation, complying with the emission limit set forth in 

the plan) approved by the Department by May 31, 1995, or by March 7, 2007 for any 

facility, equipment or source operation that is subject to a NOx emissions limit under this 

subchapter as set forth at N.J.A.C. 7:27-19.5(d), 19.7(h), or 19.8(e), and maintain 

compliance with the plan and all conditions of the Department's approval thereafter. The 

owner or operator of a source operation or item of equipment for which the Department 

has approved an alternative emission limit shall cause it to emit NOx at a rate no greater 

than the approved alternative emission limit.

(o) The owner or operator submitting a proposed NOx control plan or request for an 

alternative emission limit shall send it to the Department at the following address:

Department of Environmental Protection 

Division of Air Quality 

Air Quality Permitting Program

Bureau of Air Permits

401 East State Street

Mail Code 401-02

PO Box 420

Trenton, New Jersey 08625-0420

(p) A major NOx facility satisfies the requirements of this section if its only equipment or 

source operations with the potential to emit 10 tons or more of NOx per year are thermal 

oxidizers. The owner or operator of such a facility is not required to submit a facilityspecific NOx control plan for the facility.

7:27-19.14 Procedures for obtaining approvals under this subchapter

(a) This section establishes the procedure for obtaining any of the following from the 

Department:

1. An exemption from this subchapter, pursuant to N.J.A.C. 7:27-19.2(f);

2. Approval of a fuel switching plan under N.J.A.C. 7:27-19.20, and authorization to 

operate under the plan;

3. Approval of a plan for phased compliance under N.J.A.C. 7:27-19.21, 19.22 or 

19.23, and authorization to operate under the plan;

4. Approval of compliance with the requirements of N.J.A.C. 7:27-19.5(c) for a 

stationary combustion turbine; 
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5. Approval of an emissions averaging plan under N.J.A.C. 7:27-19.6, and 

authorization to operate under the plan; or

6. Approval of an alternative monitoring plan pursuant to N.J.A.C. 7:27-19.18(b).

(b) The person seeking an approval listed in (a) above shall submit a written application to 

the Department at the following address:

Department of Environmental Protection

Division of Air Quality

Air Quality Permitting Program

Bureau of Air Permits

401 East State Street

Mail Code 401-02

PO Box 420

Trenton, NJ 08625-0420

(c) The person seeking the approval under (a) above shall include the following information 

in the application submitted under (b) above:

1. Any information required under N.J.A.C. 7:27-19.2(f), 19.5(c) , 19.6(b), 19.18(c), 

19.20 or 19.21, as applicable;

2. The name, address and telephone number of the owner and the operator of the 

equipment or source operation which is the subject of the application;

3. The street address of the facility at which the subject equipment or source 

operation is located;

4. The type of equipment or source operation which is the subject of the application, 

and its make, model and serial number;

5. For requests submitted under N.J.A.C. 7:27-19.5(c), a proposed maximum 

allowable emission rate for the subject stationary combustion turbine;

6. A certification of the application, satisfying the requirements of N.J.A.C. 

7:27-1.39; and

7. Any other information which the Department requests which is reasonably 

necessary to enable it to determine whether the application satisfies the 

requirements of (e) below.

(d) Within 30 days after receiving an application, the Department shall notify the applicant in 

writing whether the application includes all of the information required under (c) above. 

If the application is incomplete:
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1. The Department shall include in the notice a list of the deficiencies, a statement of 

the additional information required to make the application complete, and the time 

by which the applicant must submit a complete application;

2. The Department may refrain from reviewing the substance of the application (or 

any part thereof) until it is complete;

3. The applicant shall submit a complete application within the time stated in the 

Department's notification; and

4. The Department may reject the application if the applicant fails to submit a 

complete application within the time stated in the Department's notification.

(e) Within six months after receiving a complete application, the Department shall grant its 

approval under this section only if:

1. The applicant satisfies all eligibility requirements set forth in N.J.A.C. 7:27-

19.5(c), 19.6(c), 19.20, or 19.21, as applicable; and

2. Any significant net emission of any criteria pollutant (as determined pursuant to 

N.J.A.C. 7:27-19.17 or 19.18, as applicable) do not cause or significantly 

contribute to a violation of a National Ambient Air Quality Standard, as 

determined pursuant to N.J.A.C. 7:27-18, an exceedance of a Federal Prevention 

of Significant Deterioration increment if applicable, or any violation of the Clean 

Air Act, 42 U.S.C. 7401 et seq. A significant net emission increase of any criteria 

pollutant, and the determination of when such an increase causes or significantly 

contributes to an exceedance of a National Ambient Air Quality Standard, shall be 

determined pursuant to N.J.A.C. 7:27-18.

(f) As a condition of an approval issued under this section (other than an approval of an 

exemption pursuant to N.J.A.C. 7:27-19.2(f)), the Department may impose requirements 

upon the operation of the subject equipment or source operation necessary to minimize 

any adverse impact upon human health, welfare and the environment.

(g) An approval issued under this section is void upon the alteration of equipment or source 

operation which is the subject of the approval unless:

1. The owner or operator applies for and obtains the Department's approval of a 

revised approval pursuant to this section, reflecting the proposed alteration; and

2. Before altering the equipment or source operation subject to the approval, the 

owner or operator applies for and obtains such permits and certificates as are 

required under N.J.A.C. 7:27-8 or 22, N.J.A.C. 7:1K-5, and any other applicable 

law or regulation.
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(h) The Department may revoke an approval issued under this section, by written notice to 

the holder of the approval, if:

1. Any material condition of the approval is violated;

2. The Department determines that its decision to grant the approval was materially 

affected by a misstatement or omission of fact in the request for the approval or 

any supporting documentation;

3. The Department determines that as a result of a change in circumstances since the 

date of the approval, the subject equipment or source operations are able to 

comply with the applicable section of this subchapter. In revoking an approval 

pursuant to this paragraph, the Department shall specify an effective date for the 

revocation which provides the owner or operator with a reasonable amount of 

time to comply with the applicable section of this subchapter; or

4. The Department determines that continued use of the subject equipment or source 

operation pursuant to the approval poses a potential threat to public health, 

welfare or the environment.

(i) A person may request an adjudicatory hearing in accordance with the procedure at 

N.J.A.C. 7:27-1.32, if:

1. The Department has denied the person's application for an approval under this 

section;

2. The person seeks to contest conditions of the approval imposed under (f) above; 

or

3. The Department has revoked the person's approval pursuant to (h) above.

(j) If an item of equipment or a source operation has exceeded the maximum allowable 

emission rate applicable under this subchapter without an approval pursuant to this 

section, it shall not be a defense to an enforcement action that an application for an 

approval is pending.

7:27-19.15 Procedures and deadlines for demonstrating compliance

(a) Except as set forth in (d) and (e) below, the owner or operator of equipment or a source 

operation subject to an emission limit under this subchapter shall demonstrate compliance 

with the emission limit as follows:

1. If a continuous emissions monitoring system has been installed on the equipment 

or source operation, or if any other provision of this subchapter requires emissions 

from the equipment or source operation to be monitored by a continuous 
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emissions monitoring system under N.J.A.C. 7:27-19.18, the owner or operator 

shall calculate the average NOx emission rate using the data from such a system 

for the NOx concentration in the flue gas and either the flue gas flow rate or the 

fuel flow rate. To calculate the emission rate using the NOx concentration and 

fuel flow rate, the owner or operator shall use the conversion procedure set forth 

in the Acid Rain regulations at 40 CFR 75, Appendix F, or an alternative 

procedure that the Department determines will yield the same result. Compliance 

with the limit shall be based upon the average of emissions:

i. Between May 1 and September 30, over each calendar day; and

ii. From October 1 through April 30 of the following year, over the 30-day 

period ending on each such day; or

2. If no continuous emissions monitoring system has been or is required to be 

installed on the equipment or source operation, compliance with the limit shall be 

based upon the average of three one-hour tests, each performed over a consecutive 

60-minute period specified by the Department, and performed in compliance with 

N.J.A.C. 7:27-19.17. Any NOx testing conducted pursuant to this section shall be 

conducted concurrently with CO testing. The applicable NOx emission limits in 

this subchapter will not be considered to have been met unless the concurrent CO 

testing demonstrates compliance with the CO limit in N.J.A.C. 7:27-16.8, 16.9, 

16.10, 16.11, or the permit limit for CO, whichever is more stringent, is also met.

(b) Except as set forth in (d) and (e) below, for any equipment or source operation subject to 

this subchapter that was in operation before January 1, 1995, the owner or operator shall 

demonstrate compliance with this subchapter in accordance with (a)1 or 2 above by May 

31, 1996, and thereafter at the frequency set forth in the permit for such equipment or 

source operation, except that the owner or operator of any facility, equipment or source 

operation that is subject to a NOx emissions limit under this subchapter as set forth at 

N.J.A.C. 7:27-19.5(d), 19.7(h), or 19.8(e), and that is in operation before November 7, 

2005 shall demonstrate compliance with this subchapter in accordance with (a)1 or 2 

above by March 7, 2008. Test results that demonstrate compliance with a new 

requirement within the five years preceding November 7, 2005 shall be accepted by the 

Department as satisfying this test requirement, if the testing and test report were reviewed 

by the Department and found satisfactory.

(c) Except as set forth in (d) and (e) below, for any equipment or source operation subject to 

this subchapter which commences operations or is altered after January 1, 1995, the 

owner or operator shall demonstrate compliance with this subchapter in accordance with 

(a)1 or 2 above within 180 days from the date on which the source commences operation, 

and thereafter at the frequency set forth in the permit for such equipment or source 

operation.

(d) For any equipment or source operation at an asphalt pavement production plant subject to 

a NOx emissions limit at N.J.A.C. 7:27-19.9(a), the owner or operator shall demonstrate 
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compliance with this subchapter in accordance with (a)2 above, within 365 days from the 

date at N.J.A.C. 7:27-19.9(f)1 or 2, and thereafter at the frequency set forth in the permit 

for such equipment or source operation.

(e) The owner or operator of any glass manufacturing furnace identified at N.J.A.C. 7:27-

19.2(b)6 through 9 shall demonstrate compliance with the emission limit at N.J.A.C. 

7:27-19.10(a), (b) or (f)2, as applicable, as follows: 

1. Within 180 days after the first date after May 19, 2009 on which rebricking of the 

furnace is completed, and thereafter at the frequency set forth in the permit for 

such glass manufacturing furnace, the owner or operator shall demonstrate 

compliance in accordance with (e)2 or 3 below, whichever is applicable.

2. If a continuous emissions monitoring system has not been installed on the glass 

manufacturing furnace the owner or operator shall:

i. Determine the average pounds of NOx emitted per hour by averaging three 

one-hour tests in accordance with (a)2 above;

ii. Determine the average tons of glass removed per hour during the same 

time period as the three one-hour tests in (e)2i above;

iii. Divide the average pounds of NOx emitted per hour determined in (e)2i by 

the average tons of glass removed per hour determined in (e)2ii. The 

quotient is pounds of NOx emitted per of ton glass removed;

iv. Compare the quotient to the emission limit specified at N.J.A.C. 7:27-

19.10(a), (b) or (f)2, as applicable; and

v. Comply with the CO testing requirements at (a)2 above.

3. If a continuous emissions monitoring system has been installed on the glass 

manufacturing furnace, on a daily basis the owner or operator shall:

i. Determine the average pounds of NOx emitted per day in accordance with 

(a)1i or ii above, as applicable;

ii. Determine the tons of glass removed per day during the same day as in 

(e)3i above;

iii. Divide the average pounds of NOx emitted per day determined in (e)3i by 

the tons of glass removed per day determined in (e)3ii. The quotient is 

pounds of NOx emitted per ton of glass removed; and

iv. Compare the quotient to the emission limit at N.J.A.C. 7:27-19.10(a), (b) 

or (f)2, as applicable.
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(f) An exceedance of any applicable NOx emission limit set forth in this subchapter, 

determined through testing or monitoring performed pursuant to (a) through (e) above or 

otherwise, is a violation of this subchapter.

7:27-19.16 Adjusting combustion processes

(a) When any provision of this subchapter requires the adjustment of a combustion process 

for any equipment or source operation, other than stationary combustion turbines and 

reciprocating engines, the owner or operator of the equipment or source operation shall:

1. Inspect the burner, and clean or replace any components of the burner as 

necessary;

2. Inspect the flame pattern and make any adjustments to the burner necessary to 

optimize the flame pattern consistent with the manufacturer's specifications; 

3. Inspect the system controlling the air-to-fuel ratio, and ensure that it is correctly 

calibrated and functioning properly;

4. Minimize total emissions of NOx and CO consistent with the manufacturer’s 

specifications;

5. Measure the concentrations in the effluent stream of NOx, CO and O2 in ppmvd, 

before and after the adjustment is made; and

6. Convert the emission values of the NOx, CO and O2 concentrations measured 

pursuant to (a)5 above to pounds per million BTU (lb/MM BTU) according to the 

following formula:

lb/MM BTU = ppmvd x MW x F dry factor x O2 correction factor ÷ 387,000,000 

 

Where:

ppmvd is the concentration in parts per million by volume, dry 

 basis, of NOx or CO

MW is the Molecular Weight for:

NOx = 46 lb/lb-mole; CO = 28 lb/lb-mole

F dry factor for:

Natural gas = 8,710 dscf/MM BTU
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Residual or fuel oil = 9,190 dscf/MM BTU

O2 correction factor: (20.9%) ÷ (20.9% - O2 measured)

O2 measured is percent oxygen on a dry basis.

(b) The owner or operator of the equipment or source operation adjusted pursuant to (a) 

above shall ensure that each adjustment is recorded in a log book or computer data 

system and retained for a minimum of five years, to be made readily accessible to the 

Department upon request. Such record shall contain the following information for each 

adjustment:

1. The date of the adjustment and the times at which it began and ended;

2. The name, title and affiliation of the person who made the adjustment;

3. The NOx and CO concentrations in the effluent stream, in ppmvd, before and 

after each actual adjustment was made;

4. The concentration of O2 (in percent dry basis) at which the CO and NOx

concentrations were measured pursuant to (a)5 above; 

5. A description of any corrective action taken;

6. Results from any subsequent tests performed after taking any corrective action, 

including concentrations and converted emission values in pounds per million 

BTU (lb/MM BTU);

7. The type and amount of fuel used over the 12 months prior to the annual 

adjustment; and

8. Any other information which the Department or the EPA has required as a 

condition of approval of any permit or certificate issued for the equipment or 

source operation.

(c) The owner or operator shall ensure that an annual adjustment combustion process report 

is submitted electronically to the Department according to the schedule listed in (d) 

below, and in the format the Department specifies at its website. The report shall 

contain the following information: 

1. The concentrations of NOx and CO in the effluent stream in ppmvd, and O2 in 

percent dry basis, measured before and after the adjustment of the combustion 

process pursuant to (a)5 above;

2. The converted emission values in lb/MM BTU for the measurements taken before 

and after the adjustment of the combustion process;
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3. A description of any corrective actions taken as a part of the combustion 

adjustment; and

4. The type and amount of fuel used over the 12 months prior to the annual 

adjustment. 

(d) The owner or operator of an industrial/commercial/institutional boiler or other indirect 

heat exchanger shall ensure that the annual adjustment combustion process report 

required in (c) above is submitted to the Department within 45 days after the adjustment 

of the combustion process is completed, based on the gross heat input of the boiler or 

heat exchanger as follows:

1. For an industrial/commercial/institutional boiler or other indirect heat exchanger 

with a maximum gross heat input rate of at least five million but less than 10 

million BTU per hour, beginning in 2012; 

2. For an industrial/commercial/institutional boiler or other indirect heat exchanger 

with a maximum gross heat input rate of at least 10 million but less than 20 

million BTU per hour, beginning in 2010; and

3. For an industrial/commercial/institutional boiler or other indirect heat exchanger 

with a maximum gross heat input rate of at least 20 million BTU per hour or 

greater, beginning in 2009; 

(e) The owner or operator of the adjusted equipment or source operation shall ensure that the

operating parameter settings are established and recorded after the combustion process is 

adjusted and that the adjusted equipment or source operation is maintained to operate 

consistent with the annual adjustment. 

(f) An exceedance of an emission limit that occurs during an adjustment of the combustion 

process under (a) above or (g) below is not a violation of this subchapter if it occurs as a 

result of the adjustment. After the combustion adjustment has been completed, the 

maximum emission rate of any contaminant shall not exceed the maximum allowable 

emission rate applicable under this subchapter or under an operating permit issued 

pursuant to N.J.A.C. 7:27-22 or an applicable certificate issued pursuant to N.J.A.C. 

7:27-8.

(g) The owner or operator of a stationary combustion turbine or reciprocating engine shall 

ensure that the adjustment of the combustion process is carried out according to the 

manufacturer’s recommended procedures and maintenance schedule.

(h) The owner or operator of a stationary combustion turbine or reciprocating engine 

adjusted pursuant to (g) above shall ensure that each adjustment is recorded in a log book 

or computer data system and retained for a minimum of five years, to be made readily 
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Code.

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accessible to the Department upon request. Such record shall contain the following 

information for each adjustment: 

1. The date of the adjustment and the times at which it began and ended;

2. The name, title, and affiliation of the person who performed the procedure and 

adjustment;

3. The type of procedure and maintenance performed;

4. The concentrations of NOx, CO and O2, measured before and after the adjustment 

was made; and

5. The type and amount of fuel use over the 12 months prior to the adjustment.

7:27-19.17 Source emissions testing

(a) Upon request by the Department or EPA, the owner or operator of any equipment or 

source operation subject to this subchapter shall:

1. Conduct tests to determine the emissions from such equipment or source 

operation to determine the nature and quantity of VOC, NOx, or CO being emitted 

into the outdoor atmosphere;

2. Provide information concerning the location, rate, duration, concentration, and 

properties of the emissions of NOx, CO or VOC from such equipment or source 

operations, and such other information as may be reasonably necessary to assess 

air emissions;

3. Provide information concerning the rate at which the equipment or source 

operation is combusting fuel during tests conducted under (a)1 above, and the 

maximum gross heat input value of the equipment or source operation; and

4. Provide the log prepared under (e) below, or any part thereof requested by EPA or 

the Department.

(b) Upon the Department's request, the owner or operator of any equipment or source 

operation subject to this subchapter shall provide the Department with temporary or 

permanent sampling facilities satisfying the requirements of N.J.A.C. 7:27B-1.4. The 

owner or operator shall construct such facilities in accordance with all applicable laws, 

ordinances and regulations, including those which regulate construction practices.

(c) During any testing conducted pursuant to this section, the equipment or source operation, 

and all components connected, attached to, or serving the equipment, shall be used and 

operated under normal routine operating conditions, under maximum capacity operating 
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conditions, or under such other conditions within the capacity of the equipment as the 

Department or EPA requests.

(d) A person conducting testing pursuant to this section shall use the test method which the 

Department specifies, based upon the circumstances specific to the facility or to the 

equipment or source operation being tested. The Department shall specify one of the 

following methods:

1. The methods set forth at 40 CFR 60, Appendix A, method 7E; or

2. Any other method which EPA and the Department have approved in advance in 

writing. If EPA approves a method, and the Department determines that the 

method yields results at least as consistent as the appropriate method listed under 

(d)1 above, and which has no greater tendency to understate emissions, the 

Department shall approve the method.

(e) The owner or operator of the tested equipment or source operation shall record any test 

data collected under this section, and maintain it for at least five years after the date on 

which the testing was conducted.

7:27-19.18 Continuous emissions monitoring

(a) Any person required to install a continuous emissions monitoring system under this 

subchapter shall:

1. Obtain a system approved in advance by the Department. The Department shall 

approve a system if its design and specifications satisfy the requirements 

established by EPA at 40 CFR Part 60, Appendix B, Performance Specification 

Tests No. 2, and 40 CFR Part 60, Appendix F, Quality Assurance Requirements;

2. Install the system in compliance with the EPA regulations listed in (a)1 above, 

and in compliance with the manufacturer's specifications; 

3. Conduct performance tests of the system in accordance with the EPA regulations 

listed in (a)1 above, and obtain confirmation from the Department that the system 

satisfies the performance requirements of those regulations;

4. Install and operate the system in compliance with the manufacturer's 

specifications; and

5. Continuously monitor and record NOx emissions from the equipment or source 

operation subject to the monitoring requirement.

(b) A person required under this subchapter to install continuous emissions monitoring 

systems on equipment or source operations of a given type at a facility may satisfy this 
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requirement without installing a continuous emissions monitor on every unit of such 

equipment or source operations at the facility, by using an alternative monitoring 

methodology set forth in an alternative monitoring plan, approved in advance in writing 

by the Department, which is as reliable for demonstrating compliance for that unit as a 

continuous emissions monitoring system which satisfies the criteria in (a) above would 

be.

(c) A person seeking approval of an alternative monitoring plan pursuant to (b) above shall 

submit a written application to the Department. The applicant shall include in the 

application all of the information required under N.J.A.C. 7:27-19.14(c)2, 3, 4 and 6. The 

applicant shall include in the application for the alternative monitoring plan the following 

information for each item of equipment or source operation for which a continuous 

emissions monitor is required under this subchapter and to which the alternative 

monitoring plan would apply:

1. The make and model of each unit of equipment or source operation;

2. The facility at which the equipment or source operation is used;

3. A description of the conditions under which the equipment or source operation is 

used;

4. The results of all source emissions testing conducted within the five years 

preceding the application for each unit of equipment or source operation listed in 

(c)1 above;

5. A statement that the applicant proposes to install or not install a continuous 

emissions monitor which satisfies the criteria set forth in (a) above;

6. A demonstration that the monitoring methodology set forth in the alternative 

monitoring plan is as reliable for demonstrating compliance as a continuous 

emissions monitor which satisfies the criteria listed in (a)1 above; and 

7. Any other information which the Department requests which is reasonably 

necessary to enable it to determine whether the application satisfies the 

requirements of (e) below.

(d) Within 30 days after receiving an application, the Department shall notify the applicant in 

writing whether the application includes all of the information required under (c) above. 

If the application is incomplete:

1. The Department shall include in the notice a list of the deficiencies, a statement of 

the additional information required to make the application complete, and the time 

by which the applicant must submit a complete application;
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2. The Department may refrain from reviewing the substance of the application (or 

any part thereof) until it is complete;

3. The applicant shall submit a complete proposed plan or request within the time 

stated in the Department's notification; and

4. The Department may reject the application if the applicant fails to submit a 

complete application within the time stated in the Department's notification.

(e) The Department shall approve an alternative monitoring plan only if:

1. The proposed alternative monitoring methodology is equivalent for purposes of 

reliably determining compliance to a continuous emissions monitor which 

satisfies the criteria listed in (a)1 above by the following:

i. For each item of equipment or source operation on which a continuous 

emissions monitoring system is not to be installed, the owner or operator 

identifies another item of equipment or source operation at the facility 

which is:

(A) Of the same make and model;

(B) Is used under substantially the same conditions;

(C) Will have a continuous emissions monitoring system installed on 

it; and

(D) Has an emissions rate which will not differ significantly from the 

emission rate from the corresponding equipment or source 

operation on which the continuous emissions monitoring system is 

to be installed; or

ii. For each item of equipment or source operation which a continuous 

emissions monitor is not to be installed, the owner or operator proposes a 

monitoring protocol for that equipment or source operation that provides 

quality-assured, representative monitoring data that can be used to 

determine continuous compliance consistent with EPA's proposed 

Enhanced Monitoring guidance, 40 CFR 64 (Federal Register Vol. 58, No. 

203, p.54648-54699). The proposed monitoring protocol should take into 

consideration site specific factors such as:

(A) Control system design;

(B) Operating processes at the facility;

(C) Demonstrated margin of compliance;
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(D) The potential variability of emissions; and

(E) Established monitoring procedures utilized at the facility to meet 

other regulatory requirements; and

2. Under the plan, a continuous emissions monitoring system will be installed on 

each boiler serving an electric generating unit at the facility if required under 40 

CFR 75 or 76.

(f) As a condition of an approval issued under this section, the Department may impose 

requirements upon the operation of any equipment or source operation subject to a 

monitoring plan necessary to minimize any adverse impact upon human health, welfare 

and the environment.

(g) The approval of a plan under this section is void upon the alteration of any item of 

equipment or source operation included in the plan (whether or not the item of equipment 

or source operation has a continuous emissions monitoring system installed) unless:

1. The owner or operator applies for and obtains the Department's approval of a 

revised plan pursuant to this section, reflecting the proposed alteration; and

2. Before altering the equipment or source operation subject to the plan, the owner 

or operator applies for and obtains such permits and certificates as are required 

under N.J.A.C. 7:27-8 or 22, N.J.A.C. 7:1K-5, and any other applicable law or 

regulation.

(h) The owner or operator shall comply with the approved plan, and with all conditions 

imposed by the Department under (f) above.

(i) The Department may revoke an approval issued under this section, by written notice to 

the owner or operator of the facility which is the subject of the plan, if:

1. Any material condition of the Department's approval of the plan is violated;

2. The Department determines that its decision to grant the approval was materially 

affected by a misstatement or omission of fact in the request for the approval or 

any supporting documentation; or

3. The Department determines that the alternative monitoring methodology is not 

equivalent to a continuous emissions monitor which satisfies the criteria of (a)1 

above.

(j) In revoking an approval pursuant to (i) above, the Department shall specify an effective 

date for the revocation which provides the owner or operator with a reasonable amount of 
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time to install a continuous emissions monitor on the item of equipment or source 

operation in question.

(k) A person may request an adjudicatory hearing in accordance with the procedure at 

N.J.A.C. 7:27-1.32, if:

1. The Department has denied the person's application for approval of a plan under 

this section;

2. The person seeks to contest conditions imposed by the Department under (f) 

above; or

3. The Department has revoked its approval of the person's plan pursuant to (i) and 

(j) above.

(l) The owner or operator of an item of equipment or source operation required to have a 

continuous monitoring system shall not operate the equipment or source operation 

without such a system, except in accordance with a plan approved under this section. If 

an item of equipment or a source operation required to have a continuous emissions 

monitoring system is operating without such a system, without first having received 

approval of a plan authorizing such operation, it shall not be a defense to an enforcement 

action that an application for approval of a plan is pending.

(m) A person seeking approval of an alternative monitoring plan shall send the application to 

the Department at the following address:

Department of Environmental Protection

Division of Air Quality

Air Quality Permitting Program

Bureau of Technical Services

Emission Measurement Section

Mail Code 380-01A

PO Box 420

Trenton, New Jersey 08625-0420

7:27-19.19 Recordkeeping and recording

(a) Any person required to record or maintain information or records pursuant to this 

subchapter shall maintain the required information or records for a period of no less than 

five years after the record was made. Such person shall make the records available to the 

Department or to EPA upon request.

(b) Any person required to record or maintain information or records pursuant to this 

subchapter may submit a request to the Department, in writing, for approval to maintain 

alternate records. The Department may approve the request if the person demonstrates to 
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the satisfaction of the Department that the alternate records or information are at least as 

effective as those required by this subchapter in documenting compliance with this 

subchapter.

(c) The recordkeeping requirements in (d) and (f) below apply to the owner or operator of 

any combustion source that is:

1. Included in a fuel switching plan approved under N.J.A.C. 7:27-19.14 and 19.20; 

or

2. Included in a plan for phased compliance approved under N.J.A.C. 7:27-19.14 

and N.J.A.C. 7:27-19.21 or 19.23.

(d) For each combustion source listed in (c) above, the owner or operator shall record the 

following information for each day from May 1 through September 30, for the 30-day 

period ending on October 1, and for each 30-day period ending on each subsequent day 

through April 30 of the following year:

1. Information sufficient to identify the combustion source, including a brief 

description (for example, "dry-bottom coal-fired boiler serving an electric 

generating unit"), its location, its permit number, the company stack designation, 

and any other identifying numbers, and any other information necessary to 

distinguish it from other equipment owned or operated by the owner or operator;

2. The day or 30-day period, as applicable, for which the record is being made;

3. The amount, type and higher heating value of each fuel consumed during each 

day from May 1 through September 30, during the 30-day period ending on 

October 1, and during each 30-day period ending on each subsequent day through 

April 30 of the following year;

4. The quantity of NOx emitted during the day or 30-day period, as applicable, 

determined in accordance with N.J.A.C. 7:27-19.15(a) and expressed in pounds or 

tons; 

5. The allowable quantity of NOx emissions as expressed in pounds or tons for the 

day or 30-day period as determined according to N.J.A.C. 7:27-19.20, 19.21 or 

19.23; and

6. Any other information required to be maintained as a condition of an approval 

granted under N.J.A.C. 7:27-19.14 and N.J.A.C. 7:27-19.20, 19.21 or 19.23.

(e) The owner or operator of any combustion source that is temporarily combusting fuel oil 

or other liquid fuel in place of natural gas pursuant to N.J.A.C. 7:27-19.25 shall keep on 

site a record of the number of hours such fuel has been combusted.
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(f) The owner or operator of a combustion source listed in (c) or (e) above shall keep the 

records required under (d) and (e) above at the facility in a permanently bound log book 

or by an electronic method that is easily accessible on site and at the time of inspection, 

in a format that enables the Department to readily determine whether the combustion 

source is in compliance.

(g) The reporting requirements below apply to the owner or operator of any combustion 

source that is listed in (c) or (e) above as follows:

1. If a continuous emissions monitoring system has been installed on the equipment 

or source operation, an owner or operator shall submit to the Department a 

quarterly report in accordance with the requirement to report excess emissions 

contained in the Preconstruction Permit and Operating Certificate or an Operating 

Permit for the equipment or source operation. For an owner or operators subject 

to (c) above, the information pursuant to (d) above shall be submitted with the 

report for each day or 30-day period of a violation. If no violations occurred 

during the quarter, the owner or operator should provide certification that no 

violations occurred and that the records are maintained at the facility. 

Certification of the notification should be in accordance with N.J.A.C. 7:27-1.39; 

or

2. If no such continuous emissions monitoring system has been installed the owner 

or operator shall submit to the Department on March 1 of each year an annual 

report for the preceding calendar year. Such annual report shall include any 

violations which occurred during the previous year. If no violations occurred 

during the year, the owner or operator shall provide certification that no violations 

occurred and that the records are maintained at the facility. Certification of the 

notification shall be in accordance with N.J.A.C. 7:27-1.39.

7:27-19.20 Fuel switching

(a) The owner or operator of a combustion source included in a plan for fuel switching is 

authorized to comply with the plan if the Department approves the plan pursuant to this 

section and N.J.A.C. 7:27-19.14. The owner or operator's compliance with the plan is in 

lieu of causing the combustion source to comply with the emission limit under 

N.J.A.C. 7:27-19.4, 19.5, 19.7, 19.8, 19.9 or 19.10 that would otherwise apply to the 

combustion source.

(b) A combustion source may be included in a fuel switching plan only if it will be deriving 

from a cleaner fuel a greater percentage of its total heat input than it derived in the base 

year.

(c) An owner or operator seeking approval of a plan for fuel switching shall submit an 

application to the Department by June 22, 1995, in accordance with N.J.A.C. 7:27-

19.14(a), (b) and (c). In addition to the information required under 
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N.J.A.C. 7:27-19.14(c), the owner or operator shall include in the application the 

following information regarding each combustion source that is to combust a cleaner fuel 

seasonally:

1. Information sufficient to identify the combustion source, including a brief 

description, (for example, "dry-bottom coal-fired boiler serving an electric 

generating unit" or "oil-fired simple-cycle combustion turbine"), its location, its 

permit number, its company stack designation, any other identifying numbers, and 

any other information necessary to distinguish it from other equipment owned or 

operated by the applicant;

2. The maximum gross heat input rate of the combustion source, expressed in 

million BTUs per hour;

3. The type of fuel or fuels combusted in the combustion source;

4. The maximum allowable NOx emission rate for the combustion source, 

determined under (d) below, together with the calculations made to determine that 

rate;

5. The method to be used to measure the actual NOx emission rate of each 

combustion source;

6. A statement that the owner or operator will operate each combustion source 

included in the plan in accordance with the requirements of (g) below;

7. The name and business telephone number of the individual responsible for 

recordkeeping and reporting required under N.J.A.C. 7:27-19.19; and

8. Any other information that the Department requests, which is reasonably 

necessary to enable it to determine whether the source operations and items of 

equipment subject to fuel switching will comply with the requirements of this 

section.

(d) The maximum daily and annual NOx emission rate for a combustion source included in 

the fuel switching plan is determined as follows (except that for a coal-fired, wet-bottom 

boiler serving an electric generating unit that uses the tangential or face firing method, 

only (d)1 through 3 apply):

1. Establish the base year. The base year is calendar year 1990, unless the 

Department approves the use of calendar year 1991, 1992 or 1993 as the base 

year. The Department shall approve the use of 1991, 1992 or 1993 as the base 

year only if the owner or operator demonstrates that the alternative year is more 

representative of the normal operation of the combustion source;
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2. For each fuel that the combustion source combusted during the base year 

(established under (d)1 above), determine the heat input (in MMBTU) that the 

combustion source derived from the combustion of that fuel during the base year;

3. Determine the maximum allowable NOx emissions rate (in lb/MMBTU) for the 

combustion of each fuel, under N.J.A.C. 7:27-19.4, 19.5, 19.7, 19.8, 19.9 or 

19.10, as applicable;

4. For each fuel, multiply the heat input in the base year (determined under (d)2 

above) by the maximum allowable emissions rate (determined under (d)3 above);

5. Add all of the amounts determined under (d)4 above;

6. Divide the total determined under (d)5 above by the sum of all of the heat inputs 

that the combustion source derived from the combustion of each fuel (determined 

under (d)2 above). The result is the maximum allowable NOx emission rate, 

expressed in lb/MMBTU, provided however, that the maximum allowable NOx

emission rate shall not be greater than the rate under N.J.A.C. 7:27-19.4, 19.5, 

19.7, 19.8, 19.9 or 19.10 that would apply if the combustion source were 

combusting the primary fuel that it had used in the base year;

7. The calculations under (d)4, 5 and 6 above can be expressed in the following 

equation:

M = (HI1 L1) + (HI2 x L2) + ... + (HIN x LN)

______________________________ 

(HI1 + HI2 + ... + HIN)

where:

i. M is the maximum allowable NOx emission rate, in lb/MMBTU;

ii. HI1 is the heat input that the combustion source derived from the 

combustion of Fuel 1 during the base year, expressed in MMBTU;

iii. L1 is the maximum allowable emissions rate (in lb/MMBTU) for the 

combustion of Fuel 1, under N.J.A.C. 7:27-19.4, 19.5, 19.7, 19.8, 19.9 or 

19.10, as applicable;

iv. HI2 is the heat input that the combustion source derived from the 

combustion of Fuel 2 during the base year, expressed in MMBTU;

v. L2 is the maximum allowable emissions rate (in lb/MMBTU) for the

combustion of Fuel 2, under N.J.A.C. 7:27-19.4, 19.5, 19.7, 19.8, 19.9 or 

19.10, as applicable;
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vi. N is number of fuels combusted during the base year;

vii. HIN is the heat input that the combustion source derived from the 

combustion of Fuel N during the base year, expressed in MMBTU; and

viii. LN is the maximum allowable emissions rate (in lb/MMBTU) for the 

combustion of Fuel N, under N.J.A.C. 7:27-19.4, 19.5, 19.7, 19.8, 19.9 or 

19.10, as applicable.

(e) The Department shall approve a plan for fuel switching only if the application satisfies all 

requirements of (c) above and N.J.A.C. 7:27-19.14. A plan for fuel switching shall be 

deemed to meet these requirements if it provides for a combustion source to attain 

compliance with the emission limits under (g)3, 4 and 5 below partly through combustion 

of cleaner fuel and partly through the use of other NOx control measures, and satisfies all 

other requirements of (c) above and N.J.A.C. 7:27-19.14.

(f) Any owner or operator seeking to comply with this subchapter by fuel switching in 

accordance with this section shall obtain the Department's written approval of the 

application pursuant to N.J.A.C. 7:27-19.14 before May 1, 1995, and maintain that 

approval in effect.

(g) Beginning in calendar year 1995, the owner or operator shall operate each combustion 

source included in the plan in compliance with the following:

1. All conditions of the Department's written approval of the fuel switching plan 

shall be met;

2. From May 1 through September 30 of each year, the combustion source shall 

combust the cleaner fuel exclusively, or derive a higher percentage of its total heat 

input from cleaner fuel than the percentage it derived from May 1 through 

September 30 of the base year;

3. During each calendar day from May 1 through September 30 of each year, the 

combustion source shall emit NOx at an average rate no higher than the maximum 

allowable NOx emission rate determined under (d) above; provided however, that 

a coal-fired, wet-bottom boiler serving an electric generating unit that uses the 

tangential or face firing method, the maximum allowable NOx emission rate shall 

be 1.0 lb/MMBTU;

4. During the 30-day period ending on October 1 of each year, and each 30-day 

period ending on each subsequent day thereafter until April 30 of the following 

year, the combustion source shall emit NOx at an average rate no higher than the 

rate under N.J.A.C. 7:27-19.4, 19.5, 19.7, 19.8, 19.9 or 19.10 that would apply if 

the combustion source were combusting the primary fuel that it had used in the 

base year; provided however, that a coal-fired, wet-bottom boiler serving an 
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electric generating unit that uses the tangential or face firing method shall emit 

NOx at a rate no higher than 1.5 lb/MMBTU; and

5. During each calendar year, the combustion source shall emit NOx at an average 

rate no higher than the maximum NOx emission rate determined under (d) above; 

provided however, that a coal-fired, wet-bottom boiler serving an electric 

generating unit that uses the tangential or face firing method shall emit NOx at a 

rate no higher than 1.5 lb/MMBTU. Compliance with this requirement shall be 

determined based on averaging over each calendar year.

(h) The owner or operator shall determine the NOx emissions from each combustion source 

included in an approved fuel switching plan in accordance with N.J.A.C. 7:27-19.15(a).

(i) The owner or operator shall demonstrate compliance with this section as follows:

1. Each calendar day from May 1 through September 30 of each year, the owner or 

operator shall determine whether each combustion source included in the plan is 

in compliance with the applicable daily NOx emission limit under (g)3 above. 

The owner or operator shall perform the calculations necessary to verify 

compliance and make a record of them within three working days after the date 

that is the subject of the calculation;

2. For the 30-day period ending on October 1, and for each 30-day period ending on 

each subsequent day until April 30 of the following year, the owner and operator 

shall determine whether each combustion source included in the plan is in 

compliance with the applicable 30-day NOx emission limit under (g)4 above; and

3. By January 15 of each year, the owner or operator shall determine whether the 

total actual NOx emissions from each combustion source included in the plan 

(determined under (k) below) complied with the limit on annual NOx emissions 

(determined under (j) below) during the preceding calendar year.

(j) The limit on annual NOx emissions is calculated as follows:

1. For each fuel that the combustion source combusted during the year, determine 

the heat input (in MMBTU) that the combustion source derived from the 

combustion of that fuel during the year;

2. Add all of the amounts determined under (j)1 above;

3. Multiply the sum determined under (j)2 above by the maximum NOx emissions 

rate determined under (d) above. The result is the limit on annual NOx emissions, 

expressed in pounds;

4. The calculations under (j)2 and 3 above can be expressed in the following 

equation:
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L = M x (AHI1 + AHI2 +.... + AHIN)

where:

i. L is the limit on annual NOx emissions, in pounds;

ii. M is the maximum allowable emissions rate determined under (d) above;

iii. AHI1 is the heat input that the combustion source derived from the 

combustion of Fuel 1 during the year, expressed in MMBTU;

iv. AHI2 is the heat input that the combustion source derived from the 

combustion of Fuel 2 during the year, expressed in MMBTU;

v. N is number of fuels combusted during the year; and

vi. AHIN is the heat input that the combustion source derived from the 

combustion of Fuel N during the year, expressed in MMBTU.

(k) The actual annual NOx emissions from the combustion source are calculated as follows:

1. Determine the heat input (expressed in MMBTU) that the combustion source 

actually derived from each fuel it combusted during the year;

2. Determine the average rate (in lb/MMBTU) at which the combustion source 

actually emitted NOx when combusting each fuel listed in 1 above, in accordance 

with N.J.A.C. 7:27-19.15(a);

3. For each fuel combusted during the year, multiply the heat input (determined 

under (k)1 above) by the average rate of NOx emissions (determined under (k)2 

above);

4. Add all of the amounts determined under (k)3 above;

5. The calculations under (k)3 and 4 above can be expressed in the following 

equation:

AE = (AHI1 x AR1) + (AHI2 x AR2) + ... % 8f (AHIN x ARN)

where:

i. AE is the actual NOx emissions during the year from the combustion 

source, expressed in pounds;
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ii. AHI1 is the heat input that the combustion source actually derived from 

the combustion of Fuel 1 during the year, expressed in MMBTU;

iii. AR1 is the average rate at which the combustion source actually emitted 

NOx when combusting Fuel 1 during the year, expressed in lb/MMBTU;

iv. AHI2 is the heat input that the combustion source actually derived from 

the combustion of Fuel 2 during the year, expressed in MMBTU;

v. AR2 is the average rate at which the combustion source actually emitted 

NOx when combusting Fuel 2 during the year, expressed in lb/MMBTU;

vi. N is number of fuels that the combustion source actually combusted;

vii. AHIN is the heat input that the combustion source actually derived from 

the combustion of Fuel N during the year, expressed in MMBTU; and

viii. ARN is the average rate at which the combustion source actually emitted 

NOx when combusting Fuel N during the year, expressed in lb/MMBTU.

(l) For each combustion source included in the approved plan, the owner or operator shall 

comply with the recordkeeping and reporting requirements of N.J.A.C. 7:27-19.19.

7:27-19.21 Phased compliance - repowering

(a) The owner or operator of a combustion source included in a repowering plan is 

authorized to comply with a the plan if the Department approves the plan pursuant to this 

section and N.J.A.C. 7:27-19.14. The owner or operator's compliance with the plan is in 

lieu of causing the combustion source to comply with the emission limit under 

N.J.A.C. 7:27-19.4, 19.5, 19.7, 19.8, 19.9 or 19.10 that would otherwise apply to the 

combustion source included in the plan.

(b) By June 22, 1995 (or by February 7, 2006 for any facility, equipment or source operation 

that is subject to a NOx emission limit under this subchapter as set forth at N.J.A.C. 7:27-

19.5(d), 19.7(h), or 19.8(e)), an owner or operator seeking approval of a repowering plan 

shall submit to the Department an application for approval of the repowering plan 

pursuant to N.J.A.C. 7:27-19.14, including a repowering plan pursuant to (c) below. If an 

owner or operator fails to submit the application by the applicable date, the Department 

may reject the application. The Department may elect to process a late application, based

on how late the application is, the nature and extent of the owner or operator's efforts to 

submit the application on time, whether the owner or operator advised the Department 

before the application due date that a late application would be submitted, and the extent 

of the emission reductions promised in the late application. If the Department elects to 

process a late application, the pendency of the application shall not be a defense to a 
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violation of a NOx emission limit to which the source is subject in the absence of an 

approved plan.

(c) The owner or operator shall include the following information in the repowering plan 

with respect to each combustion source included in the plan:

1. Information sufficient to identify the combustion source, including a brief 

description (for example, "dry-bottom coal-fired boiler serving an electric 

generating unit"), its location, its permit number, the company stack designation, 

and any other identifying numbers, and any other information necessary to 

distinguish it from other equipment owned or operated by the owner or operator;

2. A proposed schedule setting dates by which the owner or operator will complete 

the following milestones for the combustion source:

i. Submitting applications for all necessary permits and certificates if 

installing a new combustion source;

ii. Obtaining all necessary permits and certificates if installing a new 

combustion source;

iii. Awarding contracts to repower the source including contracts for the 

purchase of heat or power from a new combustion source or placing orders 

for the purchase of component parts and/or equipment necessary to 

repower the source;

iv. Initiating construction and/or installation of the replacement unit if 

installing a new combustion source; and

v. Completing the repowering.

3. Specific procedures and schedules for implementing interim measures for control 

of NOx emissions for the combustion source during the interim period;

4. A list of all NOx control technologies available for use with the combustion 

source;

5. An analysis of the technological feasibility of installing and operating each NOx

emission control technology identified in 4 above for the interim period;

6. For each control technology that is technologically feasible to install and operate, 

an estimate of the cost of installation and operation;

7. An estimate of the reduction in NOx emissions attainable through the use of each 

control technology which is technologically feasible to install and operate. If a 

control technology installed before the combustion source is repowered cannot be 
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used after repowering, the owner or operator may limit the estimate of emission 

reductions to those that will be attained during the interim period;

8. An analysis of the cost-effectiveness of each control technology, based on the 

costs of installation and operation under (c)6 above and the estimated emission 

reductions under (c)7 above;

9. The NOx control measures that the owner or operator proposes to employ during 

the interim period;

10. The proposed interim NOx emission limit with which the source will comply 

during the interim period;

11. The method to be used to measure the actual NOx emission rate of the combustion 

source;

12. The name and business telephone number of the person responsible for 

recordkeeping and reporting under N.J.A.C. 7:27-19.19 and under (e)8 below;

13. The location of the proposed replacement unit; and

14. Any other information that the Department requests, which is reasonably 

necessary to enable it to determine whether the operation of combustion sources 

included in the repowering plan will comply with the requirements of this section.

(d) The Department shall approve a repowering plan only if the following requirements are 

satisfied:

1. The application satisfies all the requirements of N.J.A.C. 7:27-19.14 and (c) 

above, including without limitation the requirement that the proposed repowering 

plan consider all control technologies available for the control of NOx emissions 

from each type of combustion source included in the plan during the interim 

period;

2. For each combustion source included in the plan, the replacement unit will 

incorporate advances in the art of air pollution control for the kind and amount of 

air contaminant emitted;

3. The repowering will improve the efficiency with which each combustion source 

included in the plan combusts fuel and/or generates power;

4. The completion date listed in (c)2v above is no later than May 1, 1999, except 

that any facility, equipment or source operation that is subject to a NOx emissions 

limit under this subchapter as set forth at N.J.A.C. 7:27-19.5(d), 19.7(h), or 

19.8(e) shall specify a completion date that is no later than November 7, 2009;
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5. For any control technologies described in (c)4 above that the owner or operator 

does not propose to use on the combustion source, the proposed plan 

demonstrates that the control technology:

i. Would be ineffective in controlling NOx emissions from the combustion 

source;

ii. Is unsuitable for use with the combustion source, or duplicative of control 

technology which the plan proposes to use;

iii. Would carry costs disproportionate to the improvement in the reduction of 

the NOx emissions rate that the control technology is likely to achieve, or 

disproportionately large in comparison to the total reduction in NOx

emissions that the control technology is likely to achieve over its useful 

life; or

iv. Would carry costs disproportionate to the costs incurred for the control of 

NOx emissions from the same type of combustion sources used by other 

persons in the owner or operator's industry who are also subject to the NOx

RACT requirements of P.L. 101-549, §182(f).

6. For each combustion source included in the plan, the interim emission limit 

proposed under (c)10 above is the lowest rate that can practicably be achieved at a 

cost within the limits described in (d)5iii and iv above;

7. For each combustion source included in the plan, the cost of achieving an 

additional emission reduction beyond the interim emission limit proposed under 

(c)10 above would be disproportionate to the size and environmental impact of 

that additional emission reduction; and

8. The owner or operator has entered into an agreement with the Department in 

accordance with the requirements of (h) below.

(e) An owner or operator who has obtained the Department's approval of a repowering plan 

shall:

1. Beginning on May 31, 1995 (or on March 7, 2007 for any facility, equipment or 

source operation that is subject to a NOx emissions limit under this subchapter as 

set forth at N.J.A.C. 7:27-19.5(d), 19.7(h), or 19.8(e)), operate all combustion 

sources included in the approved repowering plan in a manner that complies with 

the plan and with all conditions of the Department's approval;

2. Meet the compliance milestones in the approved plan;

3. Repower the combustion sources included in the plan by the date specified in the 

approved plan;
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4. Beginning on May 31, 1995 (or on March 7, 2007 for any facility, equipment or 

source operation that is subject to a NOx emissions limit under this subchapter as 

set forth at N.J.A.C. 7:27-19.5(d), 19.7(h), or 19.8(e)), determine the actual NOx

emissions from each combustion source included in the repowering plan in 

accordance with N.J.A.C. 7:27-19.15(a);

5. If the approved plan provides for the owner or operator to annually adjust the 

combustion process for a combustion source included in the plan, do so in 

accordance with the general procedures set forth at N.J.A.C. 7:27-19.16 before 

May 1 of each calendar year beginning with 1995, until repowering is completed;

6. Beginning on May 31, 1995 (or on March 7, 2007 for any facility, equipment or 

source operation that is subject to a NOx emissions limit under this subchapter as 

set forth at N.J.A.C. 7:27-19.5(d), 19.7(h), or 19.8(e)), comply with the 

recordkeeping and reporting requirements of N.J.A.C. 7:27-19.19;

7. Within 15 days after the date specified in the approved repowering plan for 

completion of a milestone listed in (c)2 above, notify the Department in writing 

that the milestone has or has not been completed. If the milestone has not been 

completed, the owner or operator shall include in the notice the reason for the 

delay and the expected date on which the milestone will be completed;

8. Incorporate advances in the art of air pollution control into each repowered 

source, as required in the preconstruction permit for the replacement equipment;

9. If the plan includes a boiler serving an electric generating unit, cause the 

repowered boiler serving an electric generating unit to emit NOx at a rate no 

higher than the applicable maximum allowable NOx listed in Table 12 below 

(provided however, that the NOx emission limits in Table 12 shall not be 

construed to limit the owner or operator's obligations under (e)8 above); and

10. If repowering of any combustion source included in the plan is not completed by 

May 1, 1999 (or by November 7, 2009 for any facility, equipment or source 

operation that is subject to a NOx emissions limit under this subchapter as set 

forth at N.J.A.C. 7:27-19.5(d), 19.7(h), or 19.8(e)), cease operating the 

combustion source.
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TABLE 12

Maximum Allowable NOx Emission Rates for 

Boilers Serving Electric Generating Units

Which Have Been Repowered

(pounds per million BTU)

Firing Method

Fuel/Boiler Type Tangential Face Cyclone

Coal -- Wet Bottom 0.2 0.2 0.2

Coal -- Dry Bottom 0.2 0.2 N/A

Oil and/or Gas 0.1 0.1 0.1

Gas Only 0.1 0.1 0.1

(f) Except as provided in (g) below:

1. The Department shall seek comments from the general public before making any 

final decision to approve or disapprove a proposed repowering plan. The 

Department shall publish notice of opportunity for public comment in a 

newspaper of general circulation in the area in which each combustion source 

included in the plan is located;

2. The Department shall submit any repowering plan (and agreement to repower) 

approved under this section to EPA, as a proposed revision to New Jersey's State 

Implementation Plan; and

3. Upon EPA's approval of the revision to New Jersey's State Implementation Plan, 

it shall be Federally enforceable. Plans listed under (g) below shall be Federally 

enforceable upon the issuance of the Department's approval.

(g) A repowering plan (and agreement to repower) approved under this section is not 

required to be submitted to EPA as a proposed revision to New Jersey's State 

Implementation Plan, if the plan provides that NOx emissions from each combustion 

source included in the plan will be controlled during the interim period through one of the 

following methods:

1. Fuel switching under N.J.A.C. 7:27-19.20, using natural gas as the "cleaner fuel"; 

or
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2. The use of selective non-catalytic reduction from May 1 through September 30 of 

each year.

(h) Before the Department approves a repowering plan, the owner or operator shall enter into 

a federally enforceable agreement containing the following provisions:

1. Information sufficient to identify the owner or operator;

2. Information sufficient to identify the combustion source, including a brief 

description (for example, "dry-bottom coal-fired boiler serving an electric 

generating unit"), its location, its permit number, the company stack designation, 

and any other identifying numbers, and any other information necessary to 

distinguish it from other equipment owned or operated by the owner or operator;

3. The owner or operator's undertaking of the following duties:

i. Completing the milestones listed in (c)2 above by specified dates;

ii. Ceasing to operate a combustion source if repowering is not completed by 

a date specified for that source;

iii. Implementing interim measures to control NOx emissions from each 

combustion source during the interim period;

iv. Causing each combustion source to emit NOx at a rate no greater than a 

specified interim NOx emission limit applicable during the interim period;

v. Using a specified method to measure the actual NOx emission rate of the 

combustion source; and

vi. Maintaining the Department's approval in effect;

4. A provision for delay of compliance caused by a "force majeure" event beyond 

the control of and without the fault of the owner or operator;

5. A provision under which the Department can terminate the agreement and its 

approval of the repowering plan if the owner or operator materially fails to 

complete the repowering or any other milestone by the date specified in the 

approved plan. Termination of the agreement and the approval of the plan is in 

addition to any other remedies the Department has under this chapter and 

N.J.A.C. 7:27A; and

6. Other provisions necessary to make the agreement Federally enforceable, to 

accomplish the purposes of this subchapter, or to allow the agreement to be 

administered effectively.
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7:27-19.22 Phased compliance - impracticability of full compliance by May 19, 2009

(a) Any owner or operator listed at N.J.A.C. 7:27-19.29(a) who has submitted a phased 

compliance plan to the Department is authorized to comply with the plan if the 

Department approves the plan pursuant to this section and N.J.A.C. 7:27-19.14. The 

owner or operator’s compliance with the plan is in lieu of achieving by May 19, 2009 the 

NOx emission reductions required by Equation 1 at N.J.A.C. 7:27-19.29(c).

(b) By June 9, 2009, an owner or operator seeking approval of a phased compliance plan 

shall submit to the Department an application for approval of the phased compliance plan 

pursuant to N.J.A.C. 7:27-19.14. If an owner or operator fails to submit the application 

by June 9, 2009, the Department may reject the application. The Department may elect 

to process a late application, based on how late the application is, the nature and extent of 

the owner or operator’s efforts to submit the application on time, and whether the owner 

or operator advised the Department before the application due date that a late application 

would be submitted. If the Department elects to process a late application, the pendency 

of the application shall not be a defense to a violation of the requirement at N.J.A.C. 

7:27-19.29(b)1 to achieve the NOx emission reductions calculated pursuant to Equation 1 

at N.J.A.C. 7:27-19.29(c) to which the owner or operator is subject in the absence of an 

approved plan. In the application, the owner or operator shall include the following 

information in addition to the information required under N.J.A.C. 7:27-19.14:

1. The phased compliance plan described in (c) below;

2. A description of the steps that the owner or operator has taken to obtain 

compliance with the NOx emission reduction requirements at N.J.A.C. 7:27-

19.29; and

3. For each measure included in the plan, a detailed explanation of the reasons why 

the owner or operator believes that implementation of the measure by May 19, 

2009 is impracticable.

(c) The owner or operator shall include the following information in the phased compliance 

plan with respect to each measure included in the plan:

1. A description of the measure and how it is expected to reduce NOx emissions;

2. For each measure that requires modification of a combustion source, such as 

installation of a control apparatus, a proposed schedule setting dates by which the 

owner or operator will complete the following milestones for the measure:

i. Submit applications for all necessary permits and certificates;

ii. Obtain all necessary permits and certificates;
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iii. Award contracts for the implementation of control measures or place 

orders for the purchase of component parts, equipment and/or control 

apparatus necessary to attain compliance with the applicable NOx

emission limit under this subchapter;

iv. Initiate construction and/or installation of the component parts, equipment 

and/or control apparatus necessary to attain compliance with the 

applicable NOx emission limit under this subchapter; and

v. Attain full compliance with the NOx emission reduction determined by 

Equation 1 at N.J.A.C. 7:27-19.29(c);

3. For each NOx emission reduction measure that does not require modification of a 

combustion source, a proposed schedule setting dates by which the owner or 

operator shall complete all applicable milestones for implementing the measure; 

and

4. Any other information that the Department requests, which is reasonably 

necessary to enable it to determine whether each proposed NOx emission 

reduction measure will achieve the NOx emission reduction determined by 

Equation 1 at N.J.A.C. 7:27-19.29(c).

(d) The Department shall approve a phased compliance plan only if the following 

requirements are satisfied with respect to each NOx emission reduction measure included 

in the plan:

1. The application satisfies all the requirements of N.J.A.C. 7:27-19.14 and (b) 

above;

2. The information submitted under (b)2 above establishes that the owner or 

operator has made a good faith effort to obtain compliance with the NOx emission 

reduction determined by Equation 1 at N.J.A.C. 7:27-19.29(c) by implementing 

all available NOx emission reduction measures that can be reasonably 

implemented prior to May 19, 2009;

3. The information submitted under (b)3 above, evaluated in light of the criteria set 

forth in (e) below, establishes that it is impracticable for the NOx emission 

reduction measure to be implemented prior to May 19, 2009; and

4. The interim period is less than 12 months.

(e) In determining whether compliance with the emission reduction determined by Equation 

1 at N.J.A.C. 7:27-19.29(c) by May 19, 2009 is impracticable, the Department shall 

apply the following criteria:
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1. The amount of time needed to obtain all permits and certificates necessary to 

attain compliance, following the submission of an administratively complete 

application;

2. The amount of time needed to obtain all component parts and/or equipment 

necessary to attain compliance, following the placement of orders for such parts 

and/or equipment. The estimate of time may reflect shortages in the supply of 

such parts and/or equipment;

3. The amount of time needed to complete construction and/or installation of the 

component parts and/or equipment necessary to attain compliance, following the 

initiation of construction and/or installation; and

4. The nature, extent and probability of any harm to public safety or welfare that 

could result from accelerating construction and/or installation in order to attain 

compliance by May 19, 2009. For example, if it were probable that the owner or 

operator of the electric generating utility could not [cause all of its electric 

generating units to] attain compliance by that date without subjecting a substantial 

number of customers to voltage reductions and/or interruptions in electric service, 

that fact would be relevant in establishing impracticability. 

(f) On the date that the approved phased compliance plan provides for the owner or operator 

to attain full compliance with the emission reduction determined by Equation 1 at 

N.J.A.C. 7:27-19.29(c), the Department’s approval of the phased compliance plan shall 

expire. Upon expiration of the Department’s approval, the owner or operator shall be 

subject to all applicable requirements of N.J.A.C. 7:27-19.29, including the NOx emission 

reduction that would have been required in the absence of an approved plan.

(g) An owner or operator who has obtained the Department's approval of a phased 

compliance plan shall:

1. Operate all combustion sources affected by the plan in a manner that complies 

with the plan and with all conditions of the Department's approval;

2. Meet all milestones in the approved phased compliance plan;

3. Within 15 days after the date of each milestone in the approved phased 

compliance plan, advise the Department in writing whether the owner or operator 

has met the milestone; and

4. During the interim period, control NOx emissions from all combustion sources as 

follows:

i. By adjusting the combustion process in accordance with 

N.J.A.C. 7:27-19.16, if the source's air-to-fuel ratio can be adjusted in a 

manner that reduces NOx emissions; or
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ii. By seasonally combusting natural gas in accordance with 

N.J.A.C. 7:27-19.20, [implementing selective non-catalytic reduction,] or 

implementing other measures that the Department determines are 

appropriate in light of the costs involved and the total quantity of NOx

reductions that will be achieved until the full compliance date listed in 

(c)2v above.

7:27-19.23 Phased compliance - use of innovative control technology

(a) The owner or operator of a combustion source included in an innovative control 

technology plan is authorized to comply with the plan if the Department approves the 

plan pursuant to this section and N.J.A.C. 7:27-19.14. The owner or operator's 

compliance with the plan is in lieu of causing the combustion source to comply with the 

emission limit under N.J.A.C. 7:27-19.4, 19.5, 19.7, 19.8, 19.9 or 19.10 that would 

otherwise apply to the combustion source included in the plan.

(b) By June 22, 1995(or by February 7, 2006 for any facility, equipment or source operation 

that is subject to a NOx emissions limit under this subchapter as set forth at N.J.A.C. 

7:27-19.5(d), 19.7(h), or 19.8(e)), an owner or operator seeking approval of an innovative 

control technology plan shall submit to the Department an application pursuant to 

N.J.A.C. 7:27-19.14 and the plan itself pursuant to (c) below. If an owner or operator 

fails to submit the application by the applicable date, the Department may reject the 

application. The Department may elect to process a late application, based on how late 

the application is, the nature and extent of the owner or operator's efforts to submit the 

application on time, whether the owner or operator advised the Department before the 

application due date that a late application would be submitted, and the extent of the 

emission reductions promised in the late application. If the Department elects to process 

a late application, the pendency of the application shall not be a defense to a violation of 

a NOx emission limit to which the source would be subject in the absence of an approved 

plan.

(c) The owner or operator shall include the following information in the innovative control 

technology plan with respect to each combustion source included in the plan:

1. Information sufficient to identify the combustion source, including a brief 

description (for example, "dry-bottom coal-fired boiler serving an electric 

generating unit"), its location, its permit number, the company stack designation, 

and any other identifying numbers, and any other information necessary to 

distinguish it from other equipment owned or operated by the owner or operator;

2. A description of the NOx control measures that the owner or operator proposes to 

employ as innovative control technology;
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3. The rate of NOx emissions that the owner or operator expects that the source will 

attain in employing the proposed innovative control technology, and the basis for 

that expectation;

4. Information establishing that the proposed innovative control technology is 

technically sound and sufficiently developed to be implemented by May 1, 1999 

(or by November 7, 2009 for any facility, equipment or source operation that is 

subject to a NOx emissions limit under this subchapter as set forth at N.J.A.C. 

7:27-19.5(d), 19.7(h), or 19.8(e));

5. A proposed schedule setting dates by which the owner or operator will complete 

the following milestones for the combustion source:

i. Submitting applications for all necessary permits and certificates;

ii. Obtaining all necessary permits and certificates;

iii. Awarding contracts for the implementation of the innovative control 

technology, or placing orders for the purchase of any component parts, 

equipment and/or control apparatus associated with the innovative control 

technology;

iv. Awarding contracts and initiating implementation of the innovative 

control technology (including any construction and/or installation, if 

applicable); and

v. Completing the implementation of the innovative control technology.

6. Specific procedures and schedules for implementing interim measures for control 

of NOx emissions for the combustion source during the interim period;

7. A list of all NOx control technologies available for interim use with the 

combustion source during the interim period;

8. An analysis of the technological feasibility of installing and operating each NOx

emission control technology identified in (c)7 above for the interim period;

9. For each control technology that is technologically feasible to install and operate, 

an estimate of the cost of installation and operation;

10. An estimate of the reduction in NOx emissions attainable through the use of each 

control technology which is technologically feasible to install and operate. If a 

control technology installed before the innovative control technology is 

implemented cannot be used after that time, the owner or operator may limit the 

estimate of emission reductions to those that will be attained during the interim 

period;
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11. An analysis of the cost-effectiveness of each control technology, based on the 

costs of installation and operation under (c)9 above and the estimated emission 

reductions under (c)10 above;

12. The NOx control measures that the owner or operator proposes to employ during 

the interim period;

13. The proposed interim NOx emission limit with which the source will comply 

during the interim period;

14. The method to be used to measure the actual NOx emission rate of the combustion 

source;

15. The name and business telephone number of the person responsible for 

recordkeeping and reporting under N.J.A.C. 7:27-19.19 and under (e)8 below; and

16. Any other information that the Department requests, which is reasonably 

necessary to enable it to determine whether the operation of combustion sources 

included in the plan will comply with the requirements of this section.

(d) The Department shall approve an innovative control technology plan only if the 

following requirements are satisfied:

1. The application satisfies all the requirements of N.J.A.C. 7:27-19.14 and (c) 

above, including the requirement that the plan consider all control technologies 

available for the control of NOx emissions during the interim period from each 

type of combustion source included in the plan;

2. The innovative control technology proposed for each combustion source in the 

plan:

i. Has a substantial likelihood of enabling the source to achieve greater 

continuous NOx emissions reductions than are required to meet the 

applicable limit under N.J.A.C. 7:27-19.4, 19.5, 19.7, 19.8, 19.9 or 19.10. 

If the expected extent of NOx emission reductions is only marginally 

greater than are required to meet the applicable limit, the proposed 

innovative control technology will not be deemed to meet this standard;

ii. Is technically sound;

iii. Is sufficiently developed so that it can be implemented by May 1, 1999 (or 

by November 7, 2009 for any facility, equipment or source operation that 

is subject to a NOx emissions limit under this subchapter as set forth at 

N.J.A.C. 7:27-19.5(d), 19.7(h), or 19.8(e)); and
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iv. Cannot practicably be implemented by May 31, 1995 (or by March 7, 

2007 for any facility, equipment or source operation that is subject to a 

NOx emissions limit under this subchapter as set forth at N.J.A.C. 7:27-

19.5(d), 19.7(h), or 19.8(e)).

3. The completion date listed in (c)5v above is no later than May 1, 1999;

4. For any control technologies described in (c)7 above that the owner or operator 

does not propose to use with the combustion source during the interim period, the 

proposed plan demonstrates that the control technology:

i. Would be ineffective in controlling NOx emissions from the combustion 

source;

ii. Is unsuitable for use with the combustion source, or duplicative of control 

technology which the plan proposes to use;

iii. Would carry costs disproportionate to the improvement in the reduction of 

the NOx emissions rate that the control technology is likely to achieve, or 

disproportionately large in comparison to the total reduction in NOx

emissions that the control technology is likely to achieve during the 

interim period; or

iv. Would carry costs disproportionate to the costs incurred for the control of 

NOx emissions from the same type of combustion sources used by other 

persons in the owner or operator's industry who are also subject to the NOx

RACT requirements of P.L. 101-549, 182(f).

5. For each combustion source included in the plan, the interim emission limit 

proposed under (c)13 above is the lowest rate that can practicably be achieved at a 

cost within the limits described in (d)4iii and iv above;

6. For each combustion source included in the plan, the cost of achieving an 

additional emission reduction beyond the interim emission limit proposed under 

(c)13 above would be disproportionate to the size and environmental impact of 

that additional emission reduction; and

7. The owner or operator has entered into an agreement with the Department in 

accordance with the requirements of (h) below.

(e) An owner or operator who has obtained the Department's approval of an innovative 

control technology plan shall:

1. Beginning on May 31, 1995 (or on March 7, 2007 for any facility, equipment or 

source operation that is subject to a NOx emissions limit under this subchapter as 

set forth at N.J.A.C. 7:27-19.5(d), 19.7(h), or 19.8(e)), operate all combustion 
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sources included in the approved plan in a manner that complies with the plan and 

with all conditions of the Department's approval;

2. Meet the compliance milestones in the approved plan;

3. Implement the innovative control technology for the combustion sources included 

in the plan by the date specified in the approved plan;

4. Beginning on May 31, 1995 (or on March 7, 2007 for any facility, equipment or 

source operation that is subject to a NOx emissions limit under this subchapter as 

set forth at N.J.A.C. 7:27-19.5(d), 19.7(h), or 19.8(e)), determine the actual NOx

emissions from each combustion source included in the innovative control 

technology plan in accordance with N.J.A.C. 7:27-19.15(a);

5. If the approved plan provides for the owner or operator to annually adjust the 

combustion process for a combustion source included in the plan, do so in 

accordance with the general procedures set forth at N.J.A.C. 7:27-19.16 before 

May 1 of each calendar year beginning with 1995, until the innovative control 

technology is implemented;

6. Beginning on May 31, 1995 (or on March 7, 2007 for any facility, equipment or 

source operation that is subject to a NOx emissions limit under this subchapter as 

set forth at N.J.A.C. 7:27-19.5(d), 19.7(h), or 19.8(e)), comply with the 

recordkeeping and reporting requirements of N.J.A.C. 7:27-19.19;

7. Within 15 days after the date specified in the approved innovative control 

technology plan for completion of a milestone listed in (c)5 above, notify the 

Department in writing that the milestone has or has not been completed. If the

milestone has not been completed, the owner or operator shall include in the 

notice the reason for the delay and the expected date on which the milestone will 

be completed;

8. Incorporate advances in the art of air pollution control into each source included 

in the plan, as required in the preconstruction permit for the replacement 

equipment; and

9. If the innovative control technology for any combustion source included in the 

plan is not implemented by May 1, 1999, cease operating the combustion source 

by May 1, 1999, except if any owner or operator of a facility, equipment or source 

operation that is subject to a NOx emissions limit under this subchapter as set 

forth at N.J.A.C. 7:27-19.5(d), 19.7(h), 19.8(e) does not implement by November 

7, 2009 the innovative control technology for the combustion source included in 

its innovative control technology plan, the equipment or source must comply with 

the applicable NOx emissions limit set forth in this subchapter by November 7, 

2009.
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(f) Except as provided in (g) below:

1. The Department shall seek comments from the general public before making any 

final decision to approve or disapprove a proposed innovative control technology 

plan. The Department shall publish notice of opportunity for public comment in a 

newspaper of general circulation in the area in which each combustion source 

included in the plan is located;

2. The Department shall submit any innovative control technology plan (and 

agreement under (h) below) approved under this section to EPA, as a proposed 

revision to New Jersey's State Implementation Plan; and

3. Upon EPA's approval of the revision to New Jersey's State Implementation Plan, 

the innovative control technology plan and agreement under (h) below shall be 

federally enforceable. Plans listed under (g) below shall be federally enforceable 

upon the issuance of the Department's approval.

(g) An innovative control technology plan approved under this section is not required to be 

submitted to EPA as a proposed revision to New Jersey's State Implementation Plan, if 

the plan provides that NOx emissions from each combustion source included in the plan 

will be controlled during the interim period through one of the following methods:

1. Fuel switching under N.J.A.C. 7:27-19.20;

2. The use of selective non-catalytic reduction.

(h) Before the Department approves an innovative control technology plan, the owner or 

operator shall enter into a Federally enforceable agreement containing the following 

provisions:

1. Information sufficient to identify the owner or operator;

2. Information sufficient to identify the combustion source, including a brief 

description (for example, "dry-bottom coal-fired boiler serving an electric 

generating unit"), its location, its permit number, the company stack designation, 

and any other identifying numbers, and any other information necessary to 

distinguish it from other equipment owned or operated by the owner or operator;

3. The owner or operator's undertaking of the following duties:

i. Completing the milestones listed in (c)5 above by specified dates;

ii. Implementing interim measures to control NOx emissions from each 

combustion source during the interim period;
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iii. Causing each combustion source to emit NOx at a rate no greater than a 

specified interim NOx emission limit applicable during the interim period;

iv. Using a specified method to measure the actual NOx emission rate of the 

combustion source; and

v. Maintaining the Department's approval in effect;

4. A provision for delay of compliance caused by a "force majeure" event beyond 

the control of and without the fault of the owner or operator;

5. A provision under which the Department can terminate the agreement and its 

approval of the innovative control technology plan if the owner or operator 

materially fails to complete implementation of the innovative control technology 

or any other milestone by the date specified in the approved plan, or if the 

innovative control technology program fails to achieve the required reduction 

levels. By the date specified by the Department in the agreement, in its approval 

of the plan, or in the notice of termination, the owner or operator shall attain 

compliance with the NOx emissions limit under this subchapter that would apply 

to the combustion source in the absence of an approved plan. Termination of the 

agreement and the approval of the plan is in addition to any other remedies the 

Department has under this chapter and N.J.A.C. 7:27A; and

6. Other provisions necessary to make the agreement federally enforceable, to 

accomplish the purposes of this subchapter, or to allow the agreement to be 

administered effectively.

7:27-19.24 MEG alerts

(a) During a MEG alert that occurs on or before November 15, 2005, an electric generating 

unit that is operating at emergency capacity may exceed the NOx emissions limits 

applicable under this chapter, including any limits set forth in the unit's permit. This 

exemption includes up to 12 hours per year of performance testing per boiler or 

combustion turbine, provided this testing is not performed during the ozone season. This 

exemption is available only if the owner or operator of an electric generating unit 

complies with the requirements of this section.

(b) Within two working days after the end of the MEG alert, the owner or operator of the 

electric generating unit shall notify the Department by way of a report confirming the 

occurrence of the MEG alert. The owner or operator of the electric generating unit shall 

certify the report in accordance with N.J.A.C. 7:27-1.39. In the report, the owner or 

operator of the electric generating unit shall include the following information:

1. Information sufficient to identify each electric generating unit that operated at 

emergency capacity, including a brief description (for example, "dry-bottom coal-
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fired boiler serving an electric generating unit"), its location, its permit number, 

any other identifying numbers, and any other information necessary to distinguish 

it from other equipment also owned or operated by the owner or operator of the 

electric generating unit;

2. The date and time at which the owner or operator of the electric generating unit 

received notice from the load dispatcher, directing the utility to operate one or 

more electric generating units at emergency capacity;

3. For each electric generating unit listed in (b)1 above, the date and time at which 

the electric distribution company began to operate the electric generating unit at 

emergency capacity;

4. The date and time at which the owner or operator of the electric generating utility 

received notice from the load dispatcher, advising the utility that it could cease 

operating its electric generating units at emergency capacity;

5. For each electric generating unit listed in (b)1 above, the date and time at which 

the owner or operator ceased operating the electric generating unit at emergency 

capacity;

6. For each electric generating unit listed in 1 above, the amount by which the unit's 

NOx emissions (expressed in pounds) during the MEG alert exceeded the 

maximum quantity of NOx emissions allowed under this chapter. The excess NOx

emissions shall be calculated as follows for each day that the MEG alert 

continued:

E = (ER - M) x H

where:

i. E is the excess NOx emissions from the electric generating unit;

ii. ER is the average rate at which the electric generating unit emitted NOx

during the day of the MEG alert, determined in accordance with N.J.A.C. 

7:27-19.15(a) and expressed in lb/MMBTU;

iii. M is the most stringent applicable NOx emissions limit established under 

this chapter; and

iv. H is the actual daily heat input to the electric generating unit during the 

MEG alert, expressed in MMBTU; and

7. A copy of the calculations performed under (b)6 above.
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7:27-19.25 Exemption for emergency use of fuel oil

(a) If a combustion source temporarily combusts fuel oil or other liquid fuel in place of 

natural gas in accordance with this section, the owner or operator is not required to have 

the combustion source comply with the applicable NOx emission limits in N.J.A.C. 7:27-

19.4, 19.5, 19.7, 19.8, 19.9 or 19.10, or an applicable NOx emission limit established 

under N.J.A.C. 7:27-19.13, 19.20, 19.21, 19.22 or 19.23, while the fuel oil or other liquid 

fuel is burned. On each day that this exemption applies, for purposes of calculating daily 

or annual NOx emissions the combustion source will be deemed to have emitted no NOx

and to have derived a heat input of 0.0 BTU.

(b) The exemption under (a) above is available only for a combustion source that uses natural 

gas as its primary fuel, or is seasonally combusting natural gas pursuant to a plan 

approved under N.J.A.C. 7:27-19.14 and 19.20. For a combustion source that uses 

natural gas as its primary fuel, the exemption under (a) above is available at any time 

during the year. For a combustion source that is seasonally combusting natural gas, the 

exemption under (a) above is available only from May 1 through September 30. This 

exemption is also available for those combustion sources which combust refinery gas as a 

primary fuel.

(c) The owner or operator of the combustion source is eligible for the exemption under (a) 

above only if the following requirements are met:

1. The owner or operator is not practicably able to obtain a sufficient supply of 

natural gas;

2. The owner or operator's inability to obtain natural gas is due to circumstances 

beyond the control of the owner or operator, such as a natural gas curtailment;

3. The combustion source ceases using fuel oil or other liquid fuel in place of natural 

gas and resumes using natural gas as soon as a sufficient supply of natural gas 

becomes practicably available;

4. The use of fuel oil or liquid fuel does not exceed 500 hours during any 

consecutive 12-month period; and

5. The owner or operator satisfies the recordkeeping requirements of 

N.J.A.C. 7:27-19.19(d) and (e), and the reporting requirements of (d) below.

(d) The owner or operator shall keep records of curtailment periods and incorporate such 

records into the required quarterly reports submitted to the Department. Such records 

shall include the following information:

1. Information sufficient to identify each combustion source for which the owner or 

operator claims an exemption under this section, including a brief description of 

the source (for example, "dry-bottom coal-fired boiler serving an electric 
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generating unit"), its location, its permit number, any other identifying numbers, 

and any other information necessary to distinguish it from other equipment also 

owned or operated by the owner or operator of the electric generating unit;

2. A statement that the owner or operator is not practicably able to obtain a sufficient 

supply of natural gas;

3. The date and time at which the owner or operator first became practicably unable 

to obtain natural gas; and

4. A description of the circumstances causing the owner or operator's inability to 

obtain natural gas.

7:27-19.26 Penalties

(a) Failure to comply with any provision of this subchapter shall subject the owner or 

operator 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.S.A. 26:2C-28.3 and N.J.S.A. 

26:2C-19(f)1 and 2.

7:27-19.27 (Reserved.)

7:27-19.28 Sewage sludge incinerators

(a) The owner or operator of a sewage sludge incinerator shall cause it to emit NO x at a rate 

no greater than the applicable maximum allowable NOx emission rate specified in Table 

13 below, unless the owner or operator is complying with N.J.A.C. 7:27-19.3(f).

TABLE 13

Maximum Allowable NOx Emission Rates for Sewage Sludge Incinerators

(pounds of NOx per ton of dry sewage sludge)

Multiple Hearth 7.0

Fluidized Bed 2.5

(b) In lieu of complying with the maximum allowable NOx emissions rate at (a) above, the 

owner or operator of a sewage sludge incinerator may comply with N.J.A.C. 7:27-19.3(f), 

or obtain an alternative maximum allowable NOx emission rate approved by the 

Department pursuant to N.J.A.C. 7:27-19.13.

(c) The owner or operator shall demonstrate compliance with (a) or (b) above in accordance 

with N.J.A.C. 7:27-19.15(a)2.
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7:27-19.29 2009 HEDD Emission Reduction Compliance Demonstration Protocol

(a) This section shall apply to any owner or operator of a HEDD unit, or their successors or 

assigns, that operated on July 26, 2005, and that meets the following:

1. If a HEDD unit is a combustion turbine and was not controlled by water injection 

or SCR, or is a boiler and was not controlled by SCR or SNCR; and

2. The NOx emission rate of a HEDD unit was 0.15 pounds per MMBTU or greater. 

To determine the emissions rate of the HEDD unit, the owner or operator shall 

obtain the emission rate, in lb/MMBtu, for the HEDD unit for July 26, 2005 from 

the USEPA Clean Air Markets Division (CAMD) NOx emission data, which as of 

March 20, 2009 can be found at http://camddataandmaps.epa.gov/gdm/.

(b) Each owner or operator identified in (a) above shall:

1. Prepare a 2009 HEDD Emission Reduction Compliance Demonstration Protocol, 

hereafter referred to as the 2009 Protocol, in accordance with (d) below. Each 

emission reduction measure that is used to obtain emission reductions shall be 

included in the 2009 Protocol; 

2. Submit to the Department, at the address at (b)5 below, by May 19, 2009, a 2009 

Protocol;

3. Obtain the NOx emission reductions determined by Equation 1 at (c) below, using 

one or more measures that meet the requirements at (d) below and that are listed 

in the 2009 Protocol, on each high electric demand day starting on May 19, 2009

through September, 2014, unless the Department has approved, pursuant to 

N.J.A.C. 7:27-19.22, a phased compliance plan with an initial compliance date 

that is after May 19, 2009:

4. Demonstrate that all NOx emission reductions required by (b)3 above were 

obtained. The owner or operator shall include this demonstration in the annual 

report at (k) below. Conduct any demonstration using:

i. Calculations that demonstrate that the owner or operator achieved all 

emission reductions required at (b)3 above; or

ii. The Department-approved method of demonstrating in the 2009 Protocol 

that implementation of the 2009 Protocol on each high electric demand 

day that occurred starting January 1, 2005 through December 31, 2007 

would have resulted in at least as many tons of NOx emission reductions 

as would have been required by Equation 1 below. The owner or operator 

shall demonstrate that the owner or operator implemented the 2009 
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Protocol, or a modified protocol approved by the Department pursuant to 

(h) below, on each high electric demand day during the calendar year of 

the applicable annual report; and

5. Submit to the Department, at the address below, an annual report, pursuant to (k) 

below. 

Department of Environmental Protection

Division of Air Quality

Air Quality Permitting Program

Bureau of Air Permits

401 East State Street

Mail Code 401-02

PO Box 420

Trenton, NJ 08625-0420

(c) The owner or operator shall obtain the NOx emission reductions determined by Equation 

1 on each high electric demand day pursuant to (b)3 above. Equation 1 is:

ER = (BE ÷ EF) x RF

Where:

ER, BE, EF and RF are in units of tons of NOx per high electric demand day (t/HEDD);

ER (Emission Reduction) = The total tons of NOx reductions that is required from an 

owner or operator on each high electric demand day;

BE (Baseline Emission) = The total tons of NOx that would be emitted on each high 

electric demand day, if the owner or operator did not 

implement any emission reduction measures. This 

calculation is based on total actual operation of HEDD 

units and total actual operation of new electric generating 

units installed to replace one or more HEDD units for that 

high electric demand day;

EF (Emission Factor) = The total tons of NOx that were emitted by all of the owner 

or operator’s HEDD units on July 26, 2005. In order to 

calculate EF, the owner or operator shall obtain the NOx

emitted, in tons, for each HEDD unit operated on July 26, 

2005, from the EPA Clean Air Markets Division (CAMD) 

NOx emission data, which as of March 20, 2009, can be 

found at http://camddataandmaps.epa.gov/gdm/; and

RF (Reduction Factor) = The HEDD NOx emission reduction factor for each owner or 

operator shall be the sum of all Unit Reduction Factors 
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(URF). A URF shall be calculated, in tons, for each HEDD 

unit that operated on July 26, 2005, using the following 

equation: URF = (UE x C)

Where:

URF (Unit Reduction Factor) = The reduction of NOx

emissions, in tons, emitted by a HEDD unit on July 26, 

2005 that would have occurred if the unit had been 

controlled;

UE (Unit Emissions) = The tons of NOx emissions emitted 

by a HEDD unit on July 26, 2005 obtained from the EPA 

Clean Air Markets Division (CAMD) NOx emission data, 

which as of March 20, 2009, can be found at 

http://camddataandmaps.epa.gov/gdm/; and

C (Control Factor) = If the HEDD unit is a combustion 

turbine that was not controlled with water injection or 

Selective Catalytic Reduction (SCR) on July 26, 2005, and 

the NOx emission rate of that unit was 0.15 lb/MMBtu or 

greater on July 26, 2005, then C is equal to 0.4. If the 

HEDD unit is a boiler that was not controlled with SCR or 

Selective Non-Catalytic Reduction (SNCR) controls on 

July 26, 2005, and the NOx emission rate of that unit was 

0.15 lb/MMBtu or greater on July 26, 2005, then C is equal 

to 0.3. If the HEDD unit is a combustion turbine that was 

controlled with water injection or SCR on July 26, 2005, or 

is a boiler that was controlled with SCR or SNCR on July 

26, 2005, or had a NOx emission rate of less than 0.15 

lb/MMBtu on July 26, 2005, then C is equal to 0.

(d) The 2009 Protocol shall include the following:

1. The calculations performed in (c) above for EF and RF;

2. A list of measures used to obtain the required emission reductions determined by 

Equation 1. The measures must result in emission reductions that are real, 

quantifiable, enforceable, surplus, and are not required to comply with any State 

or Federal permit, regulation, enforceable agreement, or high electric demand day 

emission reduction program. Any of the following measures may be considered 

to achieve the required emission reductions:

i. Installation of a control apparatus on an existing HEDD unit that is located 

in New Jersey, Pennsylvania, Delaware, or Maryland; 
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ii. Reduction in the usage of any HEDD unit that is located in New Jersey, 

Pennsylvania, Delaware, or Maryland;

iii. Installation of a control apparatus on an existing non-HEDD unit that is 

located in New Jersey, Pennsylvania, Delaware, or Maryland;

iv. Commitment to combust natural gas in any HEDD unit that is permitted to 

combust either natural gas or fuel oil during high electric demand days 

when it would be economically preferred to combust fuel oil;

v. Implementation of an energy efficiency measure in New Jersey, as long as 

the energy efficiency measure was not committed to prior to May 19, 

2009;

vi. Implementation of a demand response measure in New Jersey such as:

(1) A measure that shifts load, as long as the demand response 

measure was not committed to prior to May 19, 2009; or

(2) A measure that sheds load to clean distributed generation units, as 

long as the demand response measure was not committed to prior 

to May 19, 2009;

vii. Implementation of a renewable energy measure in New Jersey, as long as 

the renewable energy measure was not committed to prior to May 19, 

2009; and

viii. Any other measure, approved by the Department, that provides NOx

emission reductions and ozone air quality benefits to New Jersey.

3. The 2009 Protocol shall include, at a minimum, the following for each measure:

i. A complete description of the measure;

ii. A quantification of the emission reductions from the measure and how the 

quantification was determined;

iii. The reasons why this measure is not necessary under any current State or 

Federal permit, regulation, enforcement agreement, or high electric 

demand day emission reduction program;

iv. The methods to be used to calculate and verify emission reductions;

v. Monitoring requirements to ensure that the emission reductions 

determined by Equation 1 are achieved. This shall include, but not be 

limited to, the following, as applicable, for each electric generating unit:
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(1) Fuel flow/firing rate instrument to monitor fuel consumption;

(2) CEMs monitoring of NOx emissions or monitoring of any 

parameter that can be used to calculate the NOx emissions; and

(3) Stack testing; and

vi. A list of records to be maintained pursuant to the requirements of N.J.A.C 

7:27-19.19. The records maintained should be sufficient to document that 

the emission reductions determined by Equation 1 are achieved. This shall 

include, but not be limited to the records, as applicable, listed in (e) below, 

for each high electric demand day.

(e) The list of records to be maintained pursuant to (d)3vi above are the following:

1. The date of each high electric demand day;

2. The actions taken to reduce emissions;

3. The start and end time for operation of each EGU operated during that high 

electric demand day;

4. The total hours of operation for each EGU in (e)3 above;

5. The type of fuel combusted by each EGU in (e)3 above;

6. The hourly fuel use for each EGU in (e)3 above;

7. The hourly Load in MW for each EGU in (e)3 above;

8. The hourly heat input in MMBtu/hr to each EGU in (e)3 above;

9. The hourly water injection rate for each EGU in (e)3 above;

10. The hourly ammonia injection rate for each EGU in (e)3 above;

11. The catalytic bed temperature for each EGU in (e)3 above;

12. The CEM values or documentation on how the baseline and actual NOx emission 

rates were calculated for each EGU in (e)3 above;

13. Any other data needed to calculate baseline and actual NOx emissions for each 

EGU in (e)3 above;

14. Calculations and results for the following:
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i. Baseline NOx emissions (BE in Equation 1, at (c) above);

ii. Actual NOx emissions after 2009 Protocol control measures, calculated 

pursuant to the approved 2009 Protocol;

iii. Required NOx emission reduction (ER in Equation 1, at (c) above); and

iv. Actual NOx emission reduction (BE – actual emissions resulting from 

2009 Protocol measures);

15. The fuel prices for that high electric demand day; and

16. Any other records necessary to document the emission reductions achieved.

(f) Within 30 calendar days after receiving a proposed 2009 Protocol, the Department will 

notify the owner or operator in writing whether the proposed 2009 Protocol includes all 

of the information required under (d) above. If the proposed 2009 Protocol is 

incomplete:

1. The Department will include in the notice a list of the deficiencies, a statement of 

the additional information required to make the proposed 2009 Protocol complete, 

and a time by which the owner or operator must submit a complete proposed 2009 

Protocol;

2. The owner or operator shall correct the deficiencies listed in the Department's 

notice within the time stated in the Department's notice; and

3. The Department may disapprove the proposed 2009 Protocol if the owner or 

operator fails to correct the deficiencies within the time stated in the Department’s 

notice.

(g) The Department may approve, revise and approve, or disapprove the proposed 2009 

Protocol based on whether or not the proposed 2009 Protocol contains the contents 

required by (d) above. Except for (g)3 below, until the Department approves a proposed 

2009 Protocol, implementation of the proposed 2009 Protocol constitutes compliance 

with (b)3 above. The Department will notify the owner or operator of the Department’s 

action in writing as follows:

1. If the Department approves the proposed 2009 Protocol, the Department will 

notify the owner or operator in writing of the Department’s approval;

2. If the Department revises the proposed 2009 Protocol and approves the revised 

proposed 2009 Protocol, the Department will notify the owner or operator in 

writing of the Department’s revision and approval. In this notification the 

Department will list all revisions the Department made to the proposed 2009 
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Protocol, and include a compliance schedule if time is necessary to implement the 

revisions; or

3. If the Department disapproves the proposed 2009 Protocol, the Department will 

notify the owner or operator in writing of the Department’s disapproval. In this 

notification the Department will include a list of the reasons for disapproval and a 

list of changes or additional information needed to make the proposed 2009 

Protocol compliant with (d) above and approvable. If the owner or operator does 

not submit a revised proposed 2009 Protocol, with all information required by the 

Department’s notification, to the Department at the address at (b)5 above within 

60 days of receiving the Department’s notification, then one of the following shall 

apply:

i. If the owner or operator fails to submit a revised proposed 2009 Protocol 

by the deadline, implementation of the proposed 2009 Protocol shall no 

longer constitute compliance with (b)3 above after the deadline; or

ii. If the owner or operator submits a revised proposed 2009 Protocol that 

does not include all information required by the Department’s notification, 

implementation of the proposed 2009 Protocol shall no longer constitute 

compliance with (b)3 above after the Department notifies the owner or 

operator that the revised proposed 2009 Protocol is still not approvable.

(h) The owner or operator may revise the 2009 Protocol at any time as follows:

1. The owner or operator shall submit to the Department, at the address at (b)5

above, a proposed revised 2009 Protocol. The proposed revised 2009 Protocol 

shall include all the information required by (d) above;

2. The Department will notify the owner or operator of any deficiencies pursuant to 

(f) above; and

3. The Department will approve, revise and approve, or disapprove the proposed 

revised 2009 Protocol based on whether or not the proposed 2009 Protocol 

contains the contents required by (d) above. The Department will notify the 

owner or operator of the action in writing.

(i) If the owner or operator of an electric generating unit that is included in an approved 

2009 Protocol changes between May 19, 2009 and September 30, 2014, the old owner or 

operator shall submit a revised 2009 Protocol to the Department, at the address in (b)5 

above, within 30 calendar days of the change taking place, for approval in accordance 

with (h) above. The revised 2009 Protocol shall demonstrate that all required emission 

reductions will continue to be obtained, and shall clearly define how the required 

emission reductions will be obtained henceforth and which owner or operator shall be 

responsible for achieving the required emission reductions. Any shared responsibility for

the emission reductions shall be clearly defined in the revised 2009 Protocol.
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(j) An owner or operator may implement any emission reduction measure that meets the 

requirements at (d) above if the owner or operator has obtained all necessary permit 

modifications pursuant to N.J.A.C. 7:27-8 and 22, submits a revised 2009 Protocol to the 

Department at the address at (b)5 above within 30 days of implementing the measure, and 

maintains compliance with all other applicable provisions of N.J.A.C. 7:27.

(k) Each owner or operator identified in (a) above shall submit an annual report for calendar 

years 2009 through 2014. Each annual report shall be submitted to the Department to the 

address at (b)5 above, by January 30th of the following year. (For example, the annual 

report for 2009 is due on January 30, 2010.) At a minimum, the annual report shall 

include the following information, as applicable, for each measure and each high electric 

demand day:

1. The actions taken to reduce emissions;

2. The baseline and actual emissions in total tons;

3. For measures not associated with an EGU unit, the annual report shall include any 

documentation required by the approved 2009 Protocol; and

4. For measures associated with an EGU unit, the annual report shall include:

i. The total hours of operation for each EGU;

ii. The type of fuel combusted;

iii. The hourly fuel use;

iv. The hourly load in MW;

v. The hourly heat input in MMBtu/hr;

vi. The hourly water injection rate;

vii. The hourly ammonia injection rate;

viii. The catalytic bed temperature;

ix. The CEM values or documentation on how the baseline and actual NOx

emission rates were calculated;

x. Any other data used to calculate baseline and actual NOx emissions;

xi. The calculations and results for:
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(1) Baseline NOx emissions (BE in Equation 1, at (c) above);

(2) Actual NOx emissions after emission reduction measures;

(3) Required NOx emission reduction (ER in Equation 1, at (c) above); 

and

(4) Actual NOx emission reduction (BE – actual emissions after 

emission reduction measures);

xii. Fuel prices; and

xiii. Any other documentation required by the Department in the approved 

2009 Protocol.

7:27-19.30 2015 HEDD Emission Limit Achievement Plan

(a) Each owner or operator of an HEDD unit shall submit to the Department at the address 

below, by May 1, 2010, a 2015 HEDD Emission Limit Achievement Plan, hereafter 

referred to as the 2015 Plan. 

Assistant Director, Air Quality Permitting Element

Division of Air Quality

New Jersey Department of Environmental Protection

401 East State Street

PO Box 027

Trenton, NJ 08625-0027

(b) The 2015 Plan shall describe how the owner or operator intends to comply with the 2015 

HEDD maximum allowable NOx emission rates for each HEDD unit owned or operated. 

The 2015 Plan shall include the following:

1. A list of HEDD units that are expected to be taken out of service by May 1, 2015, 

in lieu of complying by May 1, 2015 with the applicable maximum allowable 

NOx emission rate(s) in Table 3 at N.J.A.C. 7:27-19.4(a) for boilers or Table 7 at 

N.J.A.C. 7:27-19.5(g) for turbines. The following information shall be included 

for each HEDD unit that is expected to be taken out of service:

i. The name of the facility at which the HEDD unit is located;

ii. The facility ID number;

iii. The emission unit ID number;

iv. The HEDD unit description;
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v. The proposed schedule for taking the unit out of service;

vi. An explanation of any obstacles that may prevent this unit from being 

taken out of service according to the schedule at (b)1v above; and

vii. Any other documentation that would identify the unit or clarify the above 

information; and

2. A list of HEDD units on which the owner or operator proposes to install a control 

apparatus, or for which the owner or operator proposes to operate differently, in 

order to obtain compliance with the applicable maximum allowable NOx emission 

rate(s) in Table 3 at N.J.A.C. 7:27-19.4(a) for boilers or Table 7 at N.J.A.C. 7:27-

19.5(g) for turbines. The following information shall be included for each such 

HEDD unit:

i. The name of the facility at which the HEDD unit is located;

ii. The facility ID number;

iii. The emission unit ID number;

iv. The HEDD unit description;

v. A description of the proposed control apparatus or change to the current 

operation;

vi. An explanation of what the expected emission control efficiency will be 

and what emission rate will be achievable with the proposed control 

apparatus or change to the current operation;

vii. The proposed schedule for permitting, installation and operation of the 

proposed control apparatus or change to the current operation;

viii. An explanation of any obstacles that may prevent the installation of the 

proposed control apparatus or change to the current operation; and

ix. Any other documentation that would identify the unit or clarify the above 

information; and

3. A list of HEDD units that have demonstrated compliance, in accordance with 

N.J.A.C. 7:27-19.15, with the applicable maximum allowable NOx emission 

rate(s) in Table 3 at N.J.A.C. 7:27-19.4(a) for boilers or Table 7 at N.J.A.C. 7:27-

19.5(g) for turbines, prior to May 1, 2010. The following information shall be 

included for each such HEDD unit:
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i. The name of the facility at which the HEDD unit is located;

ii. The facility ID number;

iii. The emission unit ID number;

iv. The HEDD unit description; and

v. The maximum allowable NOx emission rate in the preconstruction permit 

or the operating permit for the HEDD unit, for each fuel combusted by the 

unit.

(c) The owner or operator of a HEDD unit shall prepare an update on the owner or operator’s 

progress in complying with the 2015 Plan as follows:

1. An owner or operator of a HEDD unit shall prepare an update for each calendar 

year 2010 through 2014 if, prior to January 1 of that calendar year, any of the 

owner or operator’s HEDD units:

i. Did not comply with the applicable maximum allowable NOx emission 

rate(s) in Table 3 at N.J.A.C. 7:27-19.4(a) for boilers or Table 7 at 

N.J.A.C. 7:27-19.5(g) for turbines; and

ii. Was not taken out of service;

2. The owner or operator shall submit an update required by (c)1 above by January 

30 after the calendar year of the update. For example, an update for calendar year 

2010 shall be submitted to the Department by January 30, 2011;

3. The owner or operator shall submit each update to the following address:

Department of Environmental Protection

Division of Air Quality

Air Quality Permitting Program

Bureau of Air Permits

401 East State Street

Mail Code 401-02

PO Box 420

Trenton, NJ 08625-0420; and

4. An update shall include the following information for each HEDD unit meeting 

the criteria at (c)1i through iii above;

i. The name of the facility at which the HEDD unit is located;

ii. The facility ID number;
This is a courtesy copy of this rule. All of the Department's rules are compiled in Title 7 of the New Jersey Administrative Code.

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iii. The emission unit ID number;

iv. The HEDD unit description;

v. The progress made toward achieving the proposed schedule for permitting, 

installation and operation at (b)2vii above;

vi. An explanation of any obstacles that have been encountered or are 

anticipated and how they will be overcome; and

vii. An explanation of any revisions to the 2015 Plan.