AIR POLLUTION CONTROL 

7:27-18 .10 Exemptions 

(a) If a person demonstrates that a proposed significant net 

emission increase of an air contaminant which results from 

the use of alternative fuels in existing fuel burning equipment 

will not cause an exceedance of the significance level for the 

respective criteria pollutant in a nonattainment area for that 

pollutant, and will not prevent reasonable further progress 

toward attaining any NAAQS, the Department may, in its discretion, exempt the person from compliance with the provisions of this subchapter . No exemption shall be granted 

unless the person demonstrates, at a minimum, that : 

1 . The equipment was capable of burning the alternative fuel before December 21, 1976; or 

2. The equipment must use such fuel by reason of an 

order in effect under Section 2(a) and (b) of the Energy 

Supply and Environmental Coordination Act of 1974 (15 

U.S .C . 792 et seq.) or under any superseding legislation, or 

by reason of a natural gas curtailment plan in effect pursuant to the Federal Power Act of 1978 (16 U.S .C . 791a et 

seq.) ; or 

3 . The alternative fuel is derived from municipal solid 

waste; or 

4 . The alternative fuel is to be used by reason of an 

order or rule issued under Section 125 of the Clean Air 

Act. 

(b) N.J .A.C . 7 :27-18 .3(c)1 does not apply to any person 

submitting an application for: 

1 . Portable facilities which will be relocated outside of 

a nonattainment area within six months of initiation of 

operation; or 

2 . Temporary source operations which produce an experimental product, and which cease operation within six 

months of initiation of operation. 

(c) The exemption in (b) above may not be applied to the 

same portable facility or temporary source operation more 

than once within the lifetime of the portable facility or temporary source operation. 

Recodified from 18.9 and amended by R.1993 d .129, effective March 

15, 1993 (operative April 20. 1993) . 

See : 24 N.J.R. 3459(a), 25 N.J .R. 1231(b) . 

Changes made pursuant to 1990 Clean Air Act amendments. 

Amended by R.1996 d.511, effective November 4, 1996 (operative 

November 23. 1996) . 

See : 28 N.J .R . 748(a), 28 N.J .R. 4784(b) . 7 :27-18.11 (Reserved) 

New Rule, R.1993 d.129, effective March 15, 1993 (operative April 20, 

1993) . 

See : 24 N.J .R. 3459(a), 25 N.J .R . 1231(b) . 

New Rule, R.2000 d.204, effective May 15, 2000 (operative June 6, 

2000) . 

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

Administrative change. 

See : 32 N.J .R . 3117(a) . 

7 :27-19 .1 

Repealed by R.2004 d.129, effective April 5, 2004 (operative April 25, 

2004) . 

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

Section was "Procedures for interstate and intrastate trading-- 

7:27-18.12 Civil or criminal penalties for failure to 

comply 

The owner or operator of any facility subject to this subchapter shall be responsible for ensuring compliance with all 

requirements of this subchapter . Failure to comply with any 

provision of this subchapter may 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-19(f)1 and 2. If there is more 

than one owner or operator of a facility, all owners and operators are jointly and severally liable for such civil penalties. 

New Rule, R.1993 d.129, effective March 15, 1993 (operative April 20, 

1993) . 

See: 24 N.J .R. 3459(a)_ 25 N.J .R . 1231(b) . SUBCHAPTER 19 . CONTROL AND PROHIBITION OF 

AIR POLLUTION FROM OXIDES OF NITROGEN 

Authority 

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

in particular 26 :2C-9(c) and 19 . 

Source and Effective Date 

R.1993 d.682, effective December 20, 1993 

(operative January 23, 1994). 

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

Law Review and Journal Commentaries 

Air Pollution Law Changes Target Nitrogen Oxides. Neale R. Bedrock, 136 N.J .L .J . No. 8, S17 (1994) . 

Explaining the Facts of BACT. RACT and GACT. Neale R. Bedrock, 

138 N.J .L.J . No. 8, 54 (1994) . 

7:27-19 .1 Definitions 

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

clearly indicates otherwise. 

"Air contaminant" means any substance, other than water 

or distillates of air, present in the atmosphere as solid particles, liquid particles, vapors or gases . 

"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 

27-147 Supp.5-18-09 
7:27-19.1 

change which requires a permit revision under N.J .A.C . 

7:27-8 .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. 

"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 . 

"Anthracite coal" means coal that is classified as anthracite 

according to the ASTIv1 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. 

"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)l, 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 Societv for 

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

West Conshohocken, PA 19428-2959 . 

ENVIRONMENTAL PROTECTION 

"Blown glass" means glassware shaped by blowing air into 

a molten glass gather . 

"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 . 

"Boiler serving an electric generating unit" means a steam 

generating unit used for generating electricity including a unit 

serving a cogeneration facility . 

"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 . 

"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 11 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 : 

Supp.5-18-09 27-148 
AIR POLLUTION CONTROL 

1 . 0.40 pounds of NO, 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 SOZ per megawatt hour. 

"Cleaner fuel" means a fuel other than a combustion 

source's primary fuel, the combustion of which results in a 

rate of NO, emissions that is less than the rate of NO, emissions when the primary fuel is combusted, all other circumstances being equal. 

"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. 

"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. 

"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. 

7 :27-19 .1 

"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 . 

"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 . 

"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 (N,), oxygen (OZ), 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. 

27-149 Supp. 5-18-09 
7 :27-19 .1 

"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 . 

"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 : 

l . 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: 

ENVIRONMENTAL PROTECTION 

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. 

"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 Solid Waste Management Act, N.J .S .A . 13 :1E-1 

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

seq., the Air Pollution Control Act, N.J .S .A . 26:2C-1 et seq., 

and the appropriate provisions of the Pollution Prevention 

Plan prepared by the owner or operator of the priority industrial facility pursuant to N.J .S .A. 13 :1D-41 and 42. This term 

shall have the same meaning as defined for the term "facilitywide permit" at N.J .A.C . 7 :1K-1 .5 ; if there is any conflict 

between 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 : 

Supp. 5-18-09 27-150 
AIR POLLUTION CONTROL 

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 :2C1 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 . 

"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. 

7:27-19 .I 

"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 .pim .com/ 

doc/proj load .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 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 NO, control 

measure that has a substantial likelihood of achieving lower 

continuous levels of NO, 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 . 

"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. 

"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 

27-151 Supp . 5-18-09 
7:27-19 .1 

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. 

"KW" or "kW" means kilowatt. 

"Lb/MMBTU" means pound per million British Thermal 

Units, which is based on higher heating value. 

"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 NO,, facility" means any facility which has the 

potential to emit 25 or more tons of NO,, 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. 

ENVIRONMENTAL PROTECTION 

"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: 

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 

Supp. 5-18-09 27-152 
AIR POLLUTION CONTROL 

Harbor Drive, P O Box C 700, 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 NO, 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 (NOZ)" means a gaseous compound at 

standard conditions, having a molecular composition of one 

nitrogen atom and two oxygen atoms. 

"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. 

7 :27-19 .1 

"Operating permit" means the permit described in Title V 

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

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

operating permit which is applicable facility wide, but does 

not include a general operating permit which applies only to a 

part of a facility . Where a general operating permit applies 

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

be incorporated into the operating permit . This term also 

includes an operating permit issued for a temporary facility ; 

for a facility subject to a MACT or GACT standard pursuant 

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

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

"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 (NO,)" means all oxides of nitrogen, 

except nitrous oxide, as measured by test methods approved 

by the Department and EPA, such as the test methods set 

forth at 40 CFR 60 Appendix A 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 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. 

"Permit" means preconstruction permit, operating permit, 

or facility-wide permit . 

"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. 

27-153 Supp. 5-18-09 
7 :27-19 .1 

"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 . 

"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. 

"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 mold-blown 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 OrganiENVIRONMENTAL PROTECTION 

zation (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. 

"Renewable energy" means class I renewable energy or 

class II renewable energy . 

"Repowering" means the series of actions described in 

paragraphs l 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 techSupp.5-18-09 27-154 
AIR POLLUTION CONTROL 

nology 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 NO,, 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 

NO,; to molecular nitrogen, water, and (if the reducing agent 

is urea or cyanuric acid) carbon dioxide (C02)- 

"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. 

"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. 

7:27-19 .1 

"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 : 

l . 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 . 

"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 

27-155 Supp. 5-18-09 
7:27-19 .1 

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. 

"Wet bottom boiler" means a boiler serving an electric 

generating unit in which the ash is removed from the boiler in 

a molten state. 

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

1998). 

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

Inserted "Faeility-wide permit", "Operating permit" and "Preconstruction permit"; and rewrote "Alteration" and "Permit" . 

Administrative change. 

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

Amended by R.2004 d .129, effective April 5 . 2004 (operative April 25 . 

2004) . 

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

Added "Former DER credit user" . 

Amended by R.2005 d .343, effective October 17, 2005 (operative date 

of November 7, 2005) . 

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

Rewrote the section. 

Amended by R.2005 d.392, effective November 21, 2005 . 

See: 36 N.J .R . 4607(a), 37 N.J .R . 16(b). 4415(a) . 

Deleted "carbon dioxide" from "Distillates of air" definition. 

Administrative correction. 

See: 38 N.J .R . 5155(b) . 

ENVIRONMENTAL PROTECTION 

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

December 29. 2008) . 

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

Rewrote definition "Volatile organic compound" . 

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

2009). 

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

Added definitions "Asphalt pavement production plant", "Blown 

glass", "Class 1 renewable energy", "Class Il renewable energy", "Clean 

distributed generation", "Demand response", "Dual fuel", "Energy 

efficiency measure", "Fiberglass", "Flat glass", "Glass removed", 

"Heavier than No. 2 fuel oil", "High electric demand day", "High 

electric demand day unit", "MWh", "Non-high electric demand day 

unit", "No. 2 and lighter fuel oil", "On-specification used oil", 

"Petroleum refinery", "Pounds/MWh", "Pressed glass", "Renewable 

energy", "Shed load", "Shift load", "SSU viscosity", "Used oil" and 

"Viscosity" ; deleted definition "Former DER credit user" ; rewrote 

definitions "Clean Air Act" and "Interim period" ; and in definition 

"Electric generating unit", inserted "or `EGU' "; and alphabetized 

definition "CFR". 

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 NO, 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 NO,, 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 NO,, 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 NO, 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 NO, 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; 

Supp. 5-18-09 27-156 
AIR POLLUTION CONTROL 

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 NO, 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 

the furnace per day and having the potential to emit more 

than 10 tons of NOa 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 NO, 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 NO, 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)l through 1 I above or (c) below that has 

the potential to emit more than 10 tons of NO,, 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 NO,, 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 NO, facility; 

3 . Any stationary reciprocating engine used for generating electricity, whether or not it is located at a major NO, 

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 NO,; 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 

7:27-19.2 

satisfy all record requirements in this subchapter for any 

equipment that is solely used as 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 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 NO, is less than 

25 tons per year ; and 

ii . The facility's potential to emit NO, 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 that 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 . 

27-157 Supp . 5-18-09 
7:27-19.2 

Administrative Correction. 

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

Amended by R.1995 d .214, effective April 17, 1995 (operative May 23, 

1995) . 

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

Amended by R.2000 d .204, effective May 15, 2000 (operative June 6, 

2000) . 

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

Rewrote (f) . 

Amended by R.2005 d .343, effective October 17, 2005 (operative date 

of November 7, 2005). 

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

Rewrote the section . 

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

2009) . 

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

In (b)5, inserted "pavement production" ; in (b)8, deleted "and" from 

the end; added new (b)9 ; added (b) 10 and (b) 11 ; recodified former (b)9 

as (b)12 ; and in (b)12, substituted "11" for "8" . 

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 and 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 NO,, 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-NO,, burner, the requirements 

of N.J .A.C 7 :27-8.12 or 22 .35 are satisfied if the low-NO, 

burner installed incorporates current advances in the art of air 

pollution control for low-NO, burners. 

(d) By February 7, 2006, the owner or operator of any 

facility, equipment or source operation that is subject to NO, 

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 NO,, emission 

limit provision of N.J .A.C . 7:27-19 .13, submit to the 

Department a facility-specific NO,, control plan pursuant to 

N.J .A .C 7 :27-19 .13 . 

ENVIRONMENTAL PROTECTION 

(e) After receipt of a written request fi-om 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 nonrenewable 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 

(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)l, 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)-(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 a notice to the Department under this subchapter shall send the notice to the 

applicable address listed below: 

Supp.5-18-09 27-158 
AIR POLLUTION CONTROL 

1 . If the notice concerns a combustion source located in 

Mercer County, Middlesex County, Monmouth County, 

Ocean County, or Union County, the person shall send the 

notice to : 

Department of Environmental Protection 

Central Regional Office 

Air Compliance & Enforcement 

Horizon Center 

Rt. 130, Building 300 

P.O . Box 407 

Robbinsville, NJ 08625-0407 

2. If the notice concerns a combustion source located in 

Bergen County, Essex County, Hudson County, Hunterdon 

County, Morris County, Passaic County, Somerset County, 

Sussex County or Warren County, the person shall send the 

notice to : 

Department of Environmental Protection 

Northern Regional Office 

Air Compliance & Enforcement 

7 Ridgedale Avenue 

Cedar Knolls, NJ 07927 

3. If notice concerns a combustion source located in 

Atlantic County, Burlington County, Camden County, 

Cape May County, Cumberland County, Gloucester 

County or Salem County, the person shall send the notice 

to : 

Department of Environmental Protection 

Southern Regional Office 

Air Compliance & Enforcement 

One Port Center 

2 Riverside Drive, Suite 201 

Camden, NJ 08103 

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 NO, is located, and send the notice to the address 

applicable to that county under (j)1 through .' above. 

Amended by R.1995 d.214, effective April 17, 1995 (operative May 23_ 

1995) . 

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

Amended by R.1996 d.303, effective July 1, 1996 (operative August 2, 

1996) . 

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

Added (g) and redesignated former (g) and (h) as (h) and (i) . 

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

1998) . 

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

In (c) and (e) . changed N.J .A .C . references . 

Amended by R.2004 d.129, effective April 5 . 2004 (operative April 25 . 

2004) . 

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

Rewrote (g) ; added a new (h) and recodified former (h) and (i) as (i) 

and (j) . 

Amended by R.2005 d.343 . effective October 17 . 2005 (operative date 

of November 7, 2005). 

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

Rewrote (b). (c), (d). (f), (i), and (j) . 

7 :27-19 .4 

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

2009) . 

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

Rewrote the introductory paragraph of (e) ; updated the address in (e) ; 

rewrote the introductory paragraph of (f) ; and reserved (g) and (h) . 

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 NO, at a rate no greater 

than the applicable maximum allowable NO,; emission rate 

specified in Tables l, 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 oneyear 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 l 

(Operative through December 14, 2012) 

Maximum Allowable NO, Emission Rates for 

Boilers Serving Electric Generating Units 

(pounds per million BTU) 

Firing Method 

Fuel/Boiler Type Tangential Face Cyclone 

Coal -Wet Bottom 1 .0 1 .0 060 

Coal - Dry Bottom 0.38 0.45 0.55 

Oil and/or Gas 0.20 0.28 043 

Gas Only 0.20 0.20 0.43 

TABLE 2 

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

Maximum Allowable NO, Emission Rates for 

Boilers Serving Electric Generating Units 

(pounds per megawatt hour) 

Firing Method 

Boiler Type Tangential Face Cyclone 

Coal 1 .50 1 .50 1 .50 

Oil and/or Gas 2.00 2.80 4.30 

Gas only 200 200 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 

27-159 Supp. 5-18-09 
7 :27-19 .4 

(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 l st 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 NO, 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 NO,; 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-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 

NO,; 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 NO,, 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 not 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(a) . The request shall document the reasons the extenENVIRONMENTAL PROTECTION 

sion 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. 

Amended by R.1995 d.214, effective April 17, 1995 (operative May 23, 

1995). 

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

Amended by R.2005 d.343, effective October 17, 2005 (operative date 

of November 7, 2005) . 

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

In rule heading substituted "Boilers serving electric generating units" 

for "Utility boilers" ; rewrote (a) and (b) ; added (c) . 

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

2009). 

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

Rewrote the introductory paragraph of (a) ; in Table 1 in (a), inserted 

"(Operative through December 14, 2012)"; added Tables 2 and 3 in (a) ; 

and added (d) through (h) . 

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 . 

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 NO,, 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 

NO,, 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 NO,, 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 NO, emission rate contained in its preconstrucSupp. 5-18-09 27-160 
AIR POLLUTION CONTROL 

tion permit or operating permit, unless the owner or operator is complying with N.J .A.C . 7 :27-19 .3(f). 

TABLE 4' 

Maximum Allowable NO, Emission Rate for 

Simple Cycle Combustion Turbines 

(Pounds per million BTU) 

Fuel Used Maximum Allowable NO, Emission Rate 

Oil 0 4 

Gas 0.2 

' 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 NO, 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 NO, 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). 

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 

NO,; 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 NO, at a rate no greater than the lesser 

of the applicable maximum allowable NO, 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 5' 

Maximum Allowable NO,, Emission Rate for 

Combined Cycle or Regenerative Cycle Combustion Turbines 

(Pounds per million BTU) 

Fuel Used Maximum Allowable NO, Emission Rate 

Oil 0.35 

Gas 0.15 

' 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. 

7:27-19 .5 

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 

N0,, 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. 

(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 NO, 

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 I 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 NO, at a rate no 

greater than the applicable maximum allowable NO, 

emission rate specified in Table 6 below, unless the owner 

or operator is complying with (c)l 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 

NO, 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) . 

27-161 Supp. 5-18-09 
7 :27-19.5 

TABLE 6' 

Maximum Allowable NOX Emission Rate for 

Stationary Combustion Turbines 

Maximum Allowable NO, 

Tyne of Turbine Tyne of Fuel Emission Rate 

Combined cycle Gas 1 .3 pounds of NO, per MWh 

combustion turbine or a 

regenerative cycle 

combustion turbine 

oil 2 .0 pounds of NO, per MWh 

Simple cycle Gas 2.2 pounds of NO, per MWh 

combustion turbine 

Oil 3,0 pounds of NO, per MWh 

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 NO,, 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 NO,, at a rate no greater than the 

applicable maximum allowable NO,; emission rate specified in Table 7 below; and 

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 NO, at a rate 

no greater than the applicable maximum allowable NO,, 

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 7' 

Maximum Allowable NO,, Emission Rate for any 

Stationary Combustion Turbine that is a HEDD Unit 

ENVIRONMENTAL PROTECTION 

(Pounds per megawatt hour) 

Maximum Allowable NO,, 

Type of Turbine _Type of Fuel Emission Rate 

Combined cycle Gas 0 .75 pounds of NO, per MWh 

combustion turbine 

or a regenerative 

cycle combustion 

turbine Oil 1 .20 pounds of NO,; per MWh 

Simple cycle Gas 1 .00 pounds of NO, per MWh 

combustion turbine 

Oil 1 .60 pounds of NO, 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 l, 2005. 

(h) Any stationary combustion turbine that is constructed, 

installed, reconstructed or modified is also subject to state-ofthe-art requirements at N.J .A.C. 7 :27-8 .12 and 2235, 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 NO,, 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 NO,, 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 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 NO,, emission rate in Table 

7 shall be demonstrated by November l, 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. 

Supp. 5-18-09 27-162 
AIR POLLUTION CONTROL 

Amended by R.1995 d .214, effective April 17 . 1995 (operative May 23, 

1995) . 

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

Amended by R.2005 d.343, effective October 17, 2005 (operative date 

of November 7, 2005). See : 36 N .J .R . 4228(a), 37 N.J .R. 3976(a) . 

In rule heading substituted "combustion" for "gas" ; rewrote the 

section and added (d) and (e) . 

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

2009) . 

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

Added new introductory paragraphs for (a), (b) and (d) ; recodified the 

former introductory paragraphs of (a), (b) and (d) as (a)1, (b)1 and (d)1 

respectively ; added (a)2, (a)3, (b)2, (b)3 and (d)2 ; in (a)1, substituted 

"Table 4" for "Table 2" and deleted the former last sentence; recodified 

Table 2 in (a) as Table 4 and inserted the footnote; in (b)1 . substituted 

"Table 5" for "Table 3" and deleted the former last sentence; recodified 

Table 3 in (b) as Table 5 and inserted the footnote : rewrote (d)l ; 

recodified Table 4 in (d) as Table 6 and inserted the footnote : in (f) . 

substituted "pounds/MWh" for "lb/MWh" twice ; and added (g) through 

(k) . 

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 ; 

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; 

7:27-19 .6 

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 NO, 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 NO, 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 NO, emission limit 

from May I 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 NO,, 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 NO, 

emission rate of each averaging unit; 

8. The name and phone number of the individual responsible for the recordkeeping required under (g) below; 

and 

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: 

27-163 Supp. 5-18-09 
7 :27-19 .6 

1 . Each averaging unit can satisfy the maximum allowable NO, 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 NO,, emission rate specified under (b)4 above is 

less than the applicable maximum allowable NO,, 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 NO, 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 NO,; 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 NO,, 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 NO,, 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 NO,; 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 NO,, 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, 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 NO,, emission limit 

from May 1 through September 30 is the limit established under N.J .A.C . 7:27-19 .20(g) 3, and the applicable NO,; emission limit from October 1 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 NO,, 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 

ENVIRONMENTAL PROTECTION 

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 

NO,, 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 

NO,, 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 ; 

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 NO, (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; 

Supp. 5-18-09 27-164 
AIR POLLUTION CONTROL 

8. The allowable NO,, 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 

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 NO, 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 ; 

7 :27-19.6 

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 NO, 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: 

l . 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 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 NO, 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 NO, 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 NO emission 

limit is located in Mercer County, Middlesex County, 

Monmouth County, Ocean County. or Union County. the 

person shall send the quarterly report to : 

27-165 Supp. 5-18-09 
7 :27-19 .6 

Department of Environmental Protection 

Central Regional Office 

Air Compliance & Enforcement 

Horizon Center 

Rt. 130, Building 300 

P.O . Box 407 

Robbinsville, NJ 08625-0407 

2. If the averaging unit with the highest NO,, emission 

limit is located in Bergen County, Essex County, Hudson 

County, Hunterdon County, Morris County, Passaic County, Somerset County, Sussex County or Warren County, 

the person shall send the quarterly report to : 

Department of Environmental Protection 

Northern Regional Office 

Air Compliance & Enforcement 

7 Ridgedale Avenue 

Cedar Knolls, NJ 07927 

3. If the averaging unit with the highest NO,, emission 

limit is located in Atlantic County, Burlington 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 

Southern Regional Office 

Air Compliance & Enforcement 

One Port Center 

2 Riverside Drive, Suite 201 

Camden, NJ 08103 

Amended by R.1995 d.214, effective April 17, 1995 (operative May 23, 

1995) . 

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

Amended by R.1996 d .303, effective July 1, 1996 (operative August 2, 

1996) . 

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

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

1998) . 

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

In (i)5 and (j)1, changed N.J .A .C . references . 

Amended by R.2000 d.204, effective May 15, 2000 (operative June 6, 

2000) . 

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

In (b)6ii and (d)2ii, substituted references to September 30 for references to September 15 and substituted references to October 1 for references to September 16 ; in (f), substituted a reference to September 30 

for a reference to September 15 in 1, and substituted a reference to 

October 1 for a reference to September 16 in 2 ; and rewrote (h)4. 

Amended by R.2005 d.343, effective October 17, 2005 (operative date 

of November 7, 2005) . 

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

In (b)l, deleted "utility", added "serving an electric generating unit" 

and substituted "combustion" for "gas" ; in (h), substituted "(k)" for 

"(0"; added (k) . ' 

Administrative correction . 

See: 38 N.J .R . 5155(b) . 

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

2009). 

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

Rewrote the introductory paragraph of (j) . 

ENVIRONMENTAL PROTECTION 

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 : 

l . 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 NO, 

facility, shall cause the boiler or other indirect heat exchanger 

to emit NO, at a rate no greater than the applicable maximum 

allowable NO, 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 boiler or other indirect heat 

exchanger to emit NOX at a rate no greater than the 

applicable maximum allowable NO, 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 

Supp. 5-18-09 27-166 
AIR POLLUTION CONTROL 

ii . The owner or operator shall cause the industrial/ 

commercial/institutional boiler of 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 

7:27-19.7 

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 NO,, 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 Tyge 

at least 50 but < 100 Natural gas only 

No. 2 Fuel oil only 

Refinery fuel gas and 

other gaseous fuels 

Other liquid fuels 

Coal- Wet Bottom 

Coal - Dry Bottom 

at least 100 or greater Natural gas only 

Refinery fuel gas and 

other gaseous fuels 

Fuel oil and/or natural gas 

Coal- Wet Bottom 

Coal - Dry Bottom 

Firm,,! Method 

Taneential Face Cyclone 

0.10 0.10 0.10 

0.12 0 12 0 12 

0.20 0.20 N/A 

0.30 0.30 030 

1 .0 1 .0 0.55 

0.38 043 0.55 

0.10 0 .10 0 10 

0.20 0 .20 N/A 

0.20 0 .28 0.43 

1 .0 1 .0 0.60 

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 NO, facility, but 

which is not located at a petroleum refinery, shall cause the 

boiler or other indirect heat exchanger to emit NO, at a rate 

no greater than the applicable maximum allowable NO, 

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(fl : 

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 l, 2011 if compliance is 

achieved by physically modifying the boiler or other 

indirect heat exchanger. 

TABLE 9 

Maximum Allowable NO, Emission Rates for 

Industrial/Commercial/Institutional Boilers or Other Indirect 

Heat ExchanQers 

Fired by Gas or Liquid Fuels 

(pounds per million BTU) 

Heat Input Rate 

(million BTU per hr) 

at least 25 but < 100 

at least 100 or greater 

Rate (pounds per 

Fuel Type million BTU) 

Natural gas only 0.05 

No. 2 Fuel oil only 0.08 

Other gaseous fuels 0.20 

(This does not 

include refinery fuel 

gas) 

Other liquid fuels 0.20 

Dual fuel using fuel 0.12 

oil and/or natural 

gas 

Natural gas only 0 10 

No. 2 Fuel oil only 0 .10 

Other gaseous fuels 0 .20 

(This does not 

include refinery fuel 

gas) 

Other liquid fuels 0.20 

Dual fuel using fuel 0.20 

oil and/or natural 

gas 

27-167 Supp. 5-18-09 
7:27-19.7 

Amended by R.1995 d .214, effective April 17, 1995 (operative May 23, 

1995) . 

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

Amended by R.2005 d.343, effective October 17, 2005 (operative date 

of November 7, 2005) . 

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

In rule heading, substituted "Industrial/commercial/institutional boilers" for "Non-utility boilers" ; rewrote (a) through (f) ; added (g) and (h) . 

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

2009) . 

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

Reserved (a) through (c) and (e) through (f) ; in (d), substituted "The" 

for "In addition to complying with (c) above, the" ; in (h), inserted "the 

owner or operator of" and "in accordance with the following,", 

substituted "Table 8" for "Table 7" and substituted a semi-colon for a 

period at the end; added (h)1 and (h)2; recodified Table 7 in (h) as Table 

8 ; in the "Fuel/Boiler Type" column of "Table 8", inserted "only" twice 

and substituted "No." for "#"; and added (i) . 

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 NO, per bhp-hr. Beginning 

March 7, 2007, a rich-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 . 

(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 NO,; per 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 NO, per bhp-hr. Beginning 

March 7, 2007, a lean-burn 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 NO,, 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 NO, 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 NO, at a rate 

no greater than the applicable maximum allowable NOX 

emission rate specified in Table 10 below; 

ENVIRONMENTAL PROTECTION 

TABLE 10 

Maximum Allowable NOX Emission Rates for Stationary 

Reciprocating Engines 

Applicable to Paragraph (e)1 above and (e)4 below 

Used for Generating Electricity 

Engine/Fuel 

Tvpe 

Rich - Burn fueled by Gaseous 

or Liquid Fuel 

Lean - Burn fueled by Gaseous 

Fuel 

Lean-Burn fueled by Liquid 

Fuel 

Lean-Bum fueled by Dual-Fuels 

(gas and liquid fuel) 

Maximum Allowable NO, 

Emission Rate 

(grams per Bhp-hr) 

1 .5 

1 .5 or an emission rate which is 

equivalent to 80 percent NO, 

reduction from the uncontrolled 

NO, emission level 

2.3 

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 NO,; at a rate no greater than 0 .90 grams per bhphr; 

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 NO, reduction from the 

uncontrolled NO,, 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 NO,, at 

a rate no greater than the applicable maximum allowable 

NO, 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 .ni .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-

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 NO, facility, shall adjust the 

Supp .5-18-09 27-168 
AIR POLLUTION CONTROL 

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. 

Amended by R.1995 d .214, effective April 17, 1995 (operative May 23, 

1995) . 

See : 26 N .J .R . 3298(a), 27 N .J .R . 1587(a) . 

Amended by R.2005 d.343, effective October 17, 2005 (operative date 

of November 7, 2005) . 

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

In rule heading, substituted "reciprocating" for "internal combustion"; 

rewrote (a) through (d) ; added (e) and (f). 

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

2009) . 

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

In (e)1 . (e)4 and (e)5 . substituted "Table 10" for "Table 8" ; recodifiod 

Table 8 in (e) as Table l0 ; and in (e)5 . updated the web address . 

7:27-19 .9 Asphalt pavement production plants 

(a) The owner or operator of an asphalt pavement production plant shall cause it to emit NO, 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 NOa Emission Concentrations 

for Asphalt Pavement Production Plants 

(ppmvd at seven percent OZ) 

NO, Emission 

Fuel Type Concentration 

Natural gas 75 

No. 2 fuel oil 100 

No. 4 fuel oil. heavier fuel oils or on- 125 

specification used oil or any mixture of 

these three oils 

(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 NO,, 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) . 

(d) The owner or operator of an asphalt pavement production plant shall perform the following best management 

practices: 

7 :27-19 .9 

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 NO, emission 

concentrations at (a) above in accordance with the following 

schedule : 

l . 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. 

Amended by R.1995 d .214, effective April 17, 1995 (operative May 23 . 

1995) . 

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

Amended by R.2005 d.343, effective October 17 . 2005 (operative date 

of November 7, 2005) . 

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

In (a), deleted "which has the potential to emit at least 25 tons per 

year of N0~ 

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

20(19) . 

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

Section was "Asphalt plants" . In (a), rewrote the introductory 

paragraph and inserted Table 11 ; in (b), inserted "pavement production'" ; 

rewrote (c) : and added (d) through (f) . 

27-169 Supp. 5-18-09 
7:27-19.10 

7 :27-19 .10 Glass manufacturing furnaces 

(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 NO, 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 NO,, 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 NO,, 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 (01 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. 

Amended by R.1995 d.214, effective April 17, 1995 (operative May 23, 

1995) . 

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

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

2009) . 

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

Rewrote (a) ; in (b), substituted "flat"' for "specialty container" and 

"9 .2" for "11" and updated the N.J .A .C . reference ; reserved (c) ; rewrote 

(d) ; in the introductory paragraph of (), substituted "(a) or (b)" for "(a) . 

(b) or (c)" : in (f)2, inserted "or" at the end; in (f)3, substituted a period 

for ' ; or" at the end; and deleted (f)4 . 

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 

ENVIRONMENTAL PROTECTION 

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; 

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. 

New Rule by R.2005 d.343, effective October 17, 2005 (operative date 

of November 7, 2005) . 

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

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 NO,, 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 NO, 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 NO,; 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 NO, 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 NO, 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 NO,, continuous emissions monitoring 

system . 

Supp.5-18-09 27-170 
AIR POLLUTION CONTROL 

New Rule, R.2009 d .137, effective April 20, 2009 (operative May 19, 

2009) . 

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

Section was "Reserved" . 

7:27-19 .13 Alternative and facility-specific NO, 

emission limits 

(a) This section establishes procedures and standards for 

the establishment of alternative maximum allowable NO, 

emission rates, maximum allowable NOX emission concentrations, or other NOa regulatory parameters, and facilityspecific maximum allowable NOX emission rates, maximum 

allowable NO, emission concentrations, or other NO, regulatory parameters in the following circumstances: 

1 . If the owner or operator of a major NO, 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 

NO, 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 facilityspecific NO, emission limit (FSEL) . The owner or operator 

shall obtain this FSEL by submitting a proposed facilityspecific NO, 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 emissions 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 facilityspecific NO, 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 NO, control plan or an alternative emission 

limit as follows: 

1 . Any facility-specific NO,; 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; 

7:27-19 .13 

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 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 NO, 

control plan for the facility . In the proposed facilityspecific NO,, 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 NO,, 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 

NO, 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 NO, 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 facilityspecific 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 . f 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 emission rate 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 

27-171 Supp. 5-18-09 
7:27-19 .13 

emission limit for a source operation or item of equipment, 

and intends to modify, alter or reconstruct that source 

operation or 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 facilityspecific NO,, 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 

alternative 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 NO,, 

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 NO, 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; 

ENVIRONMENTAL PROTECTION 

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 NO, 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 NO,, 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 . 7:27-1 .39. 

(e) Within 30 days after reciving a proposed NO,; 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 NO,, 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 ; 

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. 

Supp. 5-18-09 27-172 
AIR POLLUTION CONTROL 

(f) The Department shall seek comments from the general 

public before making any final decision to approve or 

disapprove a proposed NO, 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 NO, facility 

is located. 

(g) Within six months after receiving a complete proposed 

NO, 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 NO, 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 NO, 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 NO,, emissions limit 

which the control technology is likely to achieve, or 

disproportionately large in comparison to the 

reduction in NO, emissions which the control 

nology is likely to achieve over its useful life ; or 

iv . Would carry costs disproportionate to the 

incurred for the control of NO, emissions from the 

type of equipment or source operations used by 

persons in the owner or operator's industry; 

total 

techcosts 

same 

other 

7 :27-19 .13 

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 emission limit pursuant to (c) above or 

NO, 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 NO, 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 facilityspecific NO, 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 NO,, control plan 

to reflect the alteration, in a manner satisfying the criteria 

set forth in (g) above; and 

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-1 .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 : 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 

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 

27-173 Supp. 5-18-09 
7:27-19 .13 

ii . Such permits and certificates as are required 

under N.J .A .C . 7 :27-8 or 22, N.J .A.C . 7:1K-1 .5, and any 

other applicable law or regulation . 

(0 The Department will revoke an approval of a NO,, 

control plan by written notice to the holder of the approval if 

EPA denies approval of the proposed NO,, plan as a revision 

to the State Implementation Plan . The Department may 

revoke an approval of a NO,; 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; 

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 (0 1, 2 or 3 above . 

(n) The owner or operator of a facility described in (a)l 

above shall implement the NO, 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 NO,; 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 NO, at a rate 

no greater than the approved alternative emission limit. 

(o) The owner or operator submitting a proposed NO, 

control plan or request for an alternative emission limit shall 

send it to the Department at the following address: 

Chief, Bureau of Operating Permits 

Division of Air Quality 

Department of Environmental Protection 

401 East State Street 

PO Box 027 

Trenton, New Jersey 08625-0027 

ENVIRONMENTAL PROTECTION 

(p) A major NO, facility satisfies the requirements of this 

section if its only equipment or source operations with the 

potential to emit 10 tons or more of NO, per year are thermal 

oxidizers. The owner or operator of such a facility is not 

required to submit a facility-specific NOX control plan for the 

facility . 

Amended by R.1995 d .214, effective April 17. 1995 (operative May 23, 

1995). 

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

Amended by R.1996 d .303, effective July 1, 1996 (operative August 2, 

1996) . 

See : 28 N.J.R. I 147(b), 28 N.J .R . 3414(a) . 

In (i) provided for approval of alternative emission rates . 

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

1998). 

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

In (d)9, changed N.J .A.C . reference ; in (j)2 and (k)2ii, inserted "or 22, 

N.J .A.C . 7 :1K-1 .5"; and in (m), changed N.J .A .C . reference in the 

introductory paragraph . 

Amended by R.2000 d.204, effective May 15, 2000 (operative June 6, 

2000). 

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

In (i), inserted "application for an" following "of any", and substituted 

"submitted to the Department pursuant to" for "issued, extended or 

renewed under" following "rate" in the second sentence . 

Amended by R.2004 d.129, effective April 5, 2004 (operative April 25, 

2004). 

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

In (i), deleted the last sentence . 

Amended by R.2005 d.343, effective October 17, 2005 (operative date 

of November 7, 2005) . 

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

Rewrote (a)1 ; added "or (c)" and substituted "that" for "which" in 

(a)2 ; in (b), rewrote introductory paragraph ; in (b)I, substituted "that" 

for "which" and added "or (c)" ; rewrote (n) ; rewrote address in (o) ; 

deleted "non-utility boilers or" in (p) . 

Administrative correction . 

See: 38 N.J .R . 5155(b) . 

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

2009). 

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

Section was "Facility-specific NO, emissions limits" . Rewrote the 

section. 

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; 

5 . Approval of an emissions averaging plan under 

N.J .A.C . 7 :27-19 .6, and authorization to operate under the 

plan; or 

Supp. 5-18-09 27-174 Next Page is 27-174.1 
AIR POLLUTION CONTROL 

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: 

Chief, Bureau of Preconstruction Permitting 

Division of Air Quality 

Department of Environmental Protection 

401 East State Street 

PO Box 027 

Trenton, NJ 08625-0027 

(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 : 

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 

7:27-19.14 

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:]K-1 .5, and any 

other applicable law or regulation . 

(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 

27-174 .1 Supp. 5-18-09 
7:27-19.14 

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. 

Amended by R.1995 d.214, effective April 17, 1995 (operative May 23, 

1995) . 

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

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

1998) . 

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

In (c)6, changed N. .I .A .C . reference ; in (g)2, inserted "or 22, N.J .A .C . 

7 :1K-1 .5," ; and in (i), changed N.J .A .C . reference in the introductory 

paragraph . 

Amended by R.2005 d.343, effective October 17, 2005 (operative date 

of November 7, 2005) . 

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

Substituted "combustion" for "gas" in (a)4 and (c)5 ; rewrote address 

in (b) . 

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 emissions monitoring system under N.J .A.C . 

7 :27-19 .18, the owner or operator shall calculate the 

average NO,, emission rate using the data from such a 

system for the NO,, concentration in the flue gas and either 

the flue gas flow rate or the fuel flow rate . To calculate the 

emission rate using the NO,; 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 DepartENVIRONMENTAL PROTECTION 

ment 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 NO, testing conducted pursuant to this 

section shall be conducted concurrently with CO testing. 

The applicable NO,, 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 

NO,, 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 NO, emissions limit at 

N.J .A.C . 7 :27-19 .9(a), the owner or operator shall demonstrate 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. 

Supp. 5-18-09 27-174 .2 
AIR POLLUTION CONTROL 

(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 NO, 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 NO,, 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 NO, 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 NO, emitted 

per day in accordance with (a)1 i 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 NO, emitted per 

day determined in (e)3i by the tons of glass removed per 

day determined in (e)3ii . The quotient is pounds of NO, 

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 . 

(f) An exceedance of any applicable NO, 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 . 

Amended by R.1995 d .214, effective April 17 . 1995 (operative May 23, 

1995) . 

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

7:27-19 .16 

Amended by R.2005 d.343, effective October 17, 2005 (operative date 

of November 7, 2005) . 

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

In (a)1, deleted "part" following "40 CFR": revised the deadline dates 

in (a)li and ii ; in (a)2, added last two sentences ; rewrote (b) . 

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

2009) . 

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

In the introductory paragraph of (a), substituted "Except as set forth in 

(d) and (e) below, the" for "The"; in (b) and (c), substituted "Except as 

set forth in (d) and (e) below. for" for "For" : added new (d) and (e) ; 

recodified former (d) as (f) ; and in (f), substituted "(a) through (e)" for 

"(a), (b), or (c)''. 

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: 

l . 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 bumer 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 NO, and CO consistent 

with the manufacturer's specifications ; 

5 . Measure the concentrations in the effluent stream of 

NO,, CO and OZ in ppmvd, before and after the adjustment 

is made; and 

6. Convert the emission values of the NO,, CO and OZ 

concentrations measured pursuant to (a)5 above to pounds 

per million BTU (Ib/MM BTU) according to the following 

formula: 

Ib/MM BTU = ppmvd x MW x F dry factor x O, correction 

factor = 387,000,000 

Where: 

ppmvd is the concentration in parts per million by 

volume, dry basis, of NO, or CO 

MW is the Molecular Weight for: 

NO,; = 46 lb/lb-mole ; CO = 28 lb/lb-mole 

F dry factor for: 

Natural gas = 8,710 dscf/MM BTU 

Residual or fuel oil = 9.190 dscf/MM BTU 

O; correction factor : (20 .9%) = (20.9% - O~ measured) 

02 measured is percent oxygen on a dry basis . 

27-174.3 Supp. 5-18-09 
7:27-19.16 

(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 NO, and CO concentrations in the effluent 

stream, in ppmvd, before and after each actual adjustment 

was made; 

4 . The concentration of Oz (in percent dry basis) at 

which the CO and NO, 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 NO, and CO in the effluent 

stream in ppmvd, and OZ 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; 

ENVIRONMENTAL PROTECTION 

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; 

3 . For an industrial/commercial/institutional boiler or 

other indirect heat exchanger with a maximum gross heat 

input of rate 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 

Supp . 5-18-09 27-174 .4 Next Page is 27-175 
AIR POLLUTION CONTROL 

manufacturer's recommended procedures and maintenance 

schedules. 

(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 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 NO,, CO and 02, 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 . 

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

1998) . 

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

In (b), inserted "an operating permit issued pursuant to N.J .A.C . 7 :27-

22 or" following "under" in the last sentence. 

Amended by R.2005 d.343, effective October 17, 2005 (operative date 

of November 7, 2005) . 

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

Rewrote the section. 

Administrative correction. 

See: 38 N.J .R. 5155(b) . 

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, NO, ., or CO being emitted into the outdoor atmosphere; 

2. Provide information concerning the location, rate, 

duration, concentration, and properties of the emissions of 

NO, 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 

7:27-19 .18 

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 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 

27-175 Supp. 12-4-06 
7:27-19.18 

5. Continuously monitor and record NO, 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 

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 

ENVIRONMENTAL PROTECTION 

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 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; 

(D) The potential variability of emissions; and 

Supp. 12-4-06 27-176 
AIR POLLUTION CONTROL 

(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-1 .5, and any other 

applicable law or regulation. 

(h) The owner or operator shall comply with the approved 

)Ian, 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 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; 

7:27-19.19 

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. 

(1) 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: 

Chief, Bureau of Technical Services 

Air Quality Regulation Program 

Department of Enviromnental Protection 

PO Box 411 

Trenton, New Jersey 08625-0411 

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

1998). 

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

In (g)2, inserted "or 22, N.J.A.C . 7:1K-1 .5,"; and in (k), changed 

N.J .A.C. reference . 

Amended by R.2005 d .343, effective October 17, 2005 (operative date 

of November 7, 2005) . 

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

In (e)2, deleted "utility" and added "serving an electric generating 

unit" . 

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 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 : 

l . Included in a fuel switching plan approved under 

N.J .A.C . 7:27-19 .14 and 19 .20; or 

27-177 Supp. 7-3-06 
7:27-19 .19 

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, "drybottom 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 NO,. 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 NO,, 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. 

(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: 

ENVIRONMENTAL PROTECTION 

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 I 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. 

Amended by R.1995 d .214, effective April 17, 1995 (operative May 23, 

1995) . 

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

Amended by R.2000 d .204, effective May 15, 2000 (operative June 6, 

2000). 

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

In (d), substituted references to September 30 for references to 

September 15 throughout, and substituted references to October l for 

references to September 16 in the introductory paragraph and 3 . 

Amended by R.2005 d .343, effective October 17, 2005 (operative date 

of November 7, 2005) . 

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

In (d)1, deleted "utility" and added "serving an electric generating 

unit" . 

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 . 

Supp. 7-3-06 27-178 
AIR POLLUTION CONTROL 

(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 

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, "drybottom coal-fired boiler serving an electric generating unit" 

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

location, its pen-nit 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 NO,, 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 NO,, 

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 NO,; emission rate for 

a combustion source included in the fuel switching plan is 

determined as follows (except that for a coal-fired, wetbottom 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 ; 

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 

7:27-19 .20 

source derived from the combustion of that fuel during the 

base year ; 

3 . Determine the maximum allowable NO,, 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 detennined 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 

NO, emission rate, expressed in lb/MMBTU, provided, 

however, that the maximum allowable NO,, 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 = (Hl, L0 + (H12 x Lz) + + (HI x LN) 

(Hl, + Hls + . . . + MN) 

where: 

i . M is the maximum allowable NO,, emission rate, 

in lb/MMBTU; 

ii . HI, is the heat input that the combustion source 

derived from the combustion of Fuel 1 during the base 

year, expressed in MMBTU; 

iii. L, 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 . HIZ is the heat input that the combustion source 

derived from the combustion of Fuel 2 during the base 

year, expressed in MMBTU; 

v. LZ 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 ; 

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 

Ib/MMBTU) for the combustion of Fuel N, under 

27-179 Supp . 11-7-05 
7:27-19 .20 

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 NO, 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 NO,; at an average rate no higher than the maximum 

allowable NO,, 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 NO,; 

emission rate shall be 1 .0 Ib/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 NO,; 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 electric generating unit that 

uses the tangential or face firing method shall emit NO, at 

a rate no higher than 1 .5 lb/MMBTU; and 

5. During each calendar year, the combustion source 

shall emit NO,, at an average rate no higher than the 

maximum NO, 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 NO,; at a rate no higher 

ENVIRONMENTAL PROTECTION 

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 NO,, 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 

NO,, emission limit under (g)4 above; and 

3 . By January 15 of each year, the owner or operator 

shall determine whether the total actual NO,; emissions 

from each combustion source included in the plan 

(determined under (k) below) complied with the limit on 

annual NO,, emissions (determined under (j) below) during 

the preceding calendar year . 

(j) The limit on annual NO,; 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 NO,, emissions rate determined under (d) above. 

The result is the limit on annual NO,, emissions, expressed 

in pounds; 

4 . The calculations under (j)2 and 3 above can be 

expressed in the following equation : 

L = M x (AH, + AHZ + . . . + 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; 

Supp. 11-7-05 27-180 Next Page is 27-180.0 .1 
AIR POLLUTION CONTROL 

iii . AHIj is the heat input that the combustion source 

derived from the combustion of Fuel 1 during the year, 

expressed in MMBTU; 

iv . AH1= 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 NO,; 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 Ib/MMBTU) at which 

the combustion source actually emitted NO,, 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 NO,, 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 = (AHI, x AR,) + (AHIZ x ARz) + . . . % 8f (AHIN x ARN) 

where: 

i . AE is the actual NO,; emissions during the year 

from the combustion source, expressed in pounds ; 

ii . AHII 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 NO,. when combusting Fuel 1 

during the year, expressed in lb/MMBTU; 

iv . AH1z is the heat input that the combustion source 

actually derived from the combustion of Fuel 2 during 

the year, expressed in MMBTU; 

v. AR, is the average rate at which the combustion 

source actually emitted NO,, when combusting Fuel 2 

during the year, expressed in lb/MMBTU ; 

vi . N is number of fuels that the combustion source 

actually combusted; 

7 :27-19 .21 

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 NO,; when combusting Fuel N 

during the year, expressed in lb/MMBTU. 

(1) 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 . 

New Rule, R.1995 d. 214, effective April 17, 1995 (operative May 23, 

1995) . 

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

Amended by R.2000 d .204, effective May 15, 2000 (operative June 6, 

2000). 

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

In (g), substituted references to September 30 for references to 

September 15 in 2 and 3 ; and in (i), substituted a reference to September 

30 for a reference to September 15 in 1, and substituted a reference to 

October I for a reference to September 16 in 2 . 

Amended by R.2005 d .343, effective October 17, 2005 (operative date 

of November 7, 2005). 

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

Deleted "utility" and added "serving an electric generating unit" 

throughout ; in (c)1, substituted "combustion" for "gas"; in (g)4, revised 

date . 

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 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 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) By June 22, 1995 (or by February 7, 2006 for any 

facility, equipment or source operation that is subject to a 

NO, 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 violation of a NO, emission limit to which the 

source is subject in the absence of an approved plan . 

27-180 .0 .1 Supp. 11-7-05 
7:27-19 .21 

(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, "drybottom 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 NO. emissions for the 

combustion source during the interim period; 

4. A list of all NO,, control technologies available for 

use with the combustion source ; 

5. An analysis of the technological feasibility of 

installing and operating each NO., 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 NO, 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 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 NQ, control measures that the owner or operator 

proposes to employ during the interim period ; 

ENVIRONMENTAL PROTECTION 

10 . The proposed interim NO,, emission limit with which 

the source will comply during the interim period; 

11 . The method to be used to measure the actual NO,, 

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: 

l . 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 NO,, 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, rxcept 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; ' 

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 NO,, 

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 NO, emissions rate 

that the control technology is likely to achieve, or 

disproportionately large in comparison to the total 

reduction in NO, emissions that the control technology 

is likely to achieve over its useful life ; or 

Supp. 11-7-05 27-180 .0 .2 
AIR POLLUTION CONTROL 

iv . Would carry costs disproportionate to the costs 

incurred for the control of NO, 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 

NO, 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 NO, 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 ; 

4. Beginning on May 31, 1995 (or on March 7, 2007 

for any facility, equipment or source operation that is 

subject to a NO,; 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 NO,, 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 NO,; 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 

7 :27-19 .21 

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 NO, at a rate no higher than the 

applicable maximum allowable NO, listed in Table 12 below (provided however, that the NO, 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 NO,, 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 . 

TABLE 12 

Maximum Allowable NO, 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 Implemen27-180.0 .3 Supp. 5-18-09 
7:27-19.21 

tation Plan, if the plan provides that NO,, 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 

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, "drybottom 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 NO,, 

emissions from each combustion source during the 

interim period ; 

iv . Causing each combustion source to emit NO,, at a 

rate no greater than a specified interim NO,, emission 

limit applicable during the interim period ; 

v. Using a specified method to measure the actual 

NO,, 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 

" ENVIRONMENTAL PROTECTION 

subchapter, or to allow the agreement to be administered 

effectively. 

New Rule, R.1995 d.214, effective April 17, 1995 (operative May 23, 

1995) . 

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

Administrative correction added (f)3 . 

See: 27 N.J .R . 3157(a) . 

Amended by R.2000 d.204, effective May 15, 2000 (operative June 6, 

2000). 

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

In (g)2, substituted a reference to September 30 for a reference to 

September 15 . 

Amended by R.2005 d.343, effective October 17, 2005 (operative date 

of November 7, 2005). 

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

In (b), revised application deadline; in (c)l, (e)9 and (h)2, deleted 

"utility" and added "serving an electric generating unit" ; rewrote (d)4 

and (e) . 

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

2009). 

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

In (e)9, substituted "Table 12" for "Table 9" twice; and recodified 

Table 9 in (e) as Table 12 . 

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 NO, 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 NO,, 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 

Supp. 5-18-09 27-180 .0 .4 
AIR POLLUTION CONTROL 

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 NO,, 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 ; 

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 NO, 

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 NO, 

emission limit under this subchapter; and 

v. Attain full compliance with the NO,, emission 

reduction determined by Equation 1 at N.J .A .C . 7 :27-

19.29(c) ; 

3 . For each NO,, 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 NO,, emission reduction measure 

will achieve the NO,; 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 NO, 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 NO,, emission reduction determined by Equation 1 at N.J .A .C . 7 :27-19 .29(c) by 

7 :27-19.22 

implementing all available NO, 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 NO,, 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: 

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 obtain 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 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 . 

(fl 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; 

27-180.0 .5 Supp. 5-18-09 
7:27-19.22 

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 NO,, 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-tofuel ratio can be adjusted in a manner that reduces NO, 

emissions; or 

ii . By seasonally combusting natural gas in accordance with N.J .A.C . 7 :27-19 .20, or implementing other 

measures that the Department determines are appropriate 

in light of the costs involved and the total quantity of 

NO,, reductions that will be achieved until the full 

compliance date listed in (c)2v above. 

New Rule, R.1995 d.214, effective April 17, 1995 (operative May 23, 

1995) . 

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

Amended by R.2000 d.204, effective May 15, 2000 (operative June 6, 

2000) . 

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

In (e)4, substituted a reference to owners and operators of the electric 

generating units for a reference to electric generating utilities . 

Amended by R.2005 d.343, effective October 17, 2005 (operative date 

of November 7, 2005) . 

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

In (c)1, deleted "utility" and added "serving an electric generating 

unit". 

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

2009) . 

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

Section was "Phased compliance-impracticability of full compliance 

by May 31, 1995" . Rewrote the section. 

7:27-19.23 Phased compliance-use of innovative 

control technology 

(a) The owner or operator of a combustion source included 

in a phased compliance 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 . 

(b) By June 22, 1995 (or by February 7, 2006 for any 

facility, equipment or source operation that is subject to a 

NO, 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 

ENVIRONMENTAL PROTECTION 

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, "drybottom 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 NO, control measures that the 

owner or operator proposes to employ as innovative control 

technology; 

3 . The rate of NO, 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 NO,, 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. 

Supp. 5-18-09 27-180.0 .6 Next Page is 27-180.0.6 .1 
AIR POLLUTION CONTROL 

6 . Specific procedures and schedules for implementing 

interim measures for control of NO, emissions for the 

combustion source during the interim period ; 

7 . A list of all NO, 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 NO,, emission control technology identified in (c)7 above for the interim period; 

7 :27-19 .23 

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 NO, 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 

Next Page is 27-180 .0 .7 27-180 .0 .6 .1 Supp. 5-18-09 
AIR POLLUTION 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 ; 

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 NO, control measures that the owner or operator 

proposes to employ during the interim period ; 

13 . The proposed interim NO, emission limit with which 

the source will comply during the interim period ; 

14 . The method to be used to measure the actual NO,, 

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: 

l. 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 NO,; 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 : 

7:27-19 .23 

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 NO, 

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 NO,, emissions rate 

that the control technology is likely to achieve, or 

disproportionately large in comparison to the total 

reduction in NO,; 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 NO,; 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 

NO, 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 

i . Has a substantial likelihood of enabling the 7, The owner or operator has entered into an agreement 

source to achieve greater continuous NO., emissions with the Department in accordance with the re quirements 

reductions than are required to meet the applicalsle-lirnit- of (h) below 

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 NO,, 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 NO,. 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 

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 NO, emissions limit 

(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 NO,, 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 

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; 

27-180 .0 .7 Supp. 11-7-05 
7:27-19 .23 

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 NO, 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 NO,, 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 NO,, 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 NO,, 

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 NO,, emissions limit set forth in this 

subchapter by November 7, 2007, 

(f) Except as provided in (g) below: 

1 . The Department shall seek coimnents 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 

ENVIRONMENTAL PROTECTION 

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 NO,; 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?0 ; 

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 : 

l . Information sufficient to identify the owner or 

operator; 

2. Information sufficient to identify the combustion 

source, including a brief description (for example, "drybottom 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 NO,, 

emissions from each combustion source during the 

interim period ; 

iii . Causing each combustion source to emit NO,, at a 

rate no greater than a specified interim NO, emission 

limit applicable during the interim period ; 

iv . Using a specified method to measure the actual 

NO, emission rate of the combustion source; and 

v. Maintaining the Department's approval in effect ; 

Supp. 11-7-05 27-180.0 .8 
AIR POLLUTION CONTROL 

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 NO,, 

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. 

New Rule, R.1995 d.214, effective April 17, 1995 (operative May 23, 

1995) . 

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

Amended by R.1996 d.303, effective July 1, 1996 (operative August 2, 

1996) . 

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

Added (e) 10. 

Amended by R.2000 d.204, effective May 15, 2000 (operative June 6, 

2000) . 

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

In (e)10 . inserted ", through use of DER credits in accordance with 

N.J .A .C . 7 :27-30," following "Compensate". 

Amended by R.2004 d.129, effective April 5, 2004 (operative April 25, 

2004) . 

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

In (e), deleted 10 . 

Amended by R.2005 d.343, effective October 17, 2005 (operative date 

of November 7, 2005) . 

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

Rewrote (b), (c), (d), (e), and in (h)2 deleted "utility" and added 

"serving an electric generating unit" after "boiler". ' 

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 NO,, 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 

7 :27-19 .24 

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-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 owner or operator 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 unit received notice from the load 

dispatcher, advising the owner or operator 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 NO,; emissions (expressed 

in pounds) during the MEG alert exceeded the maximum 

quantity of NO,, emissions allowed under this chapter. The 

excess NO, 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 NO,. emissions from the electric 

generating unit ; 

ii . ER is the average rate at which the electric 

generating unit emitted NO,; during the day of the MEG 

alert, determined in accordance with N.J .A .C . 7 :27-

19 .15(a) and expressed in Ib/MMBTU ; 

iii . M is the most stringent applicable NO,, 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. 

27-180 .0 .9 Supp. 11-7-OS 
7:27-19 .24 

New Rule, R.1995 d .214, effective April 17, 1995 (operative May 23, 

1995) . 

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

Amended by R.1996 d.303, effective July 1, 1996 (operative August 2, 

1996) . 

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

Amended (c) . 

Amended by R.1998 d?31, effective May 4, 1998 (operative June 12, 

1998) . 

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

In (b), changed N..1 .A.C . reference . 

Amended by R.2000 d.204, effective May 15, 2000 (operative June 6, 

2000) . 

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

In (b), substituted references to owners and operators of electric 

generating units for references to electric generating utilities throughout ; 

and rewrote (c) . 

Amended by R.2004 d.129, effective April 5, 2004 (operative April 25, 

2004) . 

See : 35 N. .1 .R. 3486(a), 36 N..1 .R . 1791(a) . 

In (b), deleted 8; deleted (c) . 

Amended by R.2005 d.343, effective October 17, 2005 (operative date 

of November 7, 2005). 

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

In (a), substituted "combustion" for "gas" ; in (b), substituted 

"N.J .A.C . 7 :27-1 .39" for "N.J .A.C . 7 :27-8 .24" in the introductory 

paragraph ; in (b)l, deleted "utility" and added "serving an electric 

generating unit"; in (b)3, substituted "distribution company" for 

"generating utility" . 

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 NO, 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 NO,, 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 

NO,, emissions the combustion source will be deemed to have 

emitted no NO,; 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; 

ENVIRONMENTAL PROTECTION 

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 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. 

New Rule, R.1995 d.214, effective April 17, 1995 (operative May 23, 

1995) . 

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

Amended by R2000 d.204, effective May 15, 2000 (operative June 6, 

2000). 

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

In (b), substituted a reference to September 30 for a reference to 

September 15 ; and in (d)1, substituted a reference to owners and 

operators of electric generating units for a reference to electric 

generating utilities . 

Amended by R.2005 d.343, effective October 17, 2005 (operative date 

of November 7, 2005) . 

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

In (d)1, deleted "utility" and added "serving an electric generating 

unit" . 

7 :27-19 .26 Penalties 

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. 

Recodified from 7 :27-19 .20 by R.1995 d.214, effective April 17, 1995 

(operative May 23, 1995) . 

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

Supp. 11-7-05 27-180 .0 .10 
AIR POLLUTION CONTROL 

7:27-19 .27 (Reserved) 

New Rule, R.2004 d.129, effective April 5, 2004 (Operative April 25, 

2004) . 

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

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

2009) . 

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

Section was "Use of NO, budget allowances by a former DER credit 

user" . 

7 :27-19 .28 Sewage sludge incinerators 

(a) The owner or operator of a sewage sludge incinerator 

shall cause it to emit NO,, at a rate no greater than the 

applicable maximum allowable NO, 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 NO,; per ton of dry sewage sludge) 

Multiple Hearth 7 .0 

Fluidized Bed 2.5 

(b) In lieu of complying with the maximum allowable NO, 

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 NO, 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. 

New Rule, R.2009 d.137, effective April 20, 2009 (operative May 19, 

2009) . 

See : 40 N. .1 .R. 4390(a), 41 N.J .R . 1752(a) . 

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 NOT 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 Ib/MMBtu, for the HEDD unit for July 26, 

2005 from the USEPA Clean Air Markets Division (CAMD) 

NO, 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 

7:27-19 .29 

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 June 18, 2009, a 2009 Protocol; 

3 . Obtain the NO, 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 30, 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 NO, 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 

NO, 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 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. 

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 

(c) The owner or operator shall obtain the NO, emission 

reductions determined by Equation 1 on each high electric 

demand day pursuant to (b)3 above. Equation I is : 

ER = (BE = EF) x RF 

Where: 

ER, BE, EF and RF are in units of tons of NO, per high 

electric demand day (t/HEDD); 

ER (Emission Reduction) = The total tons of NO, 

reductions that is required from an owner or operator on 

each high electric demand day; 

27-180.0 .11 Supp. 5-18-09 
7:27-19.29 

BE (Baseline Emission) = The total tons of NO,, 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 NO, 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 NO, emitted, in tons, for each HEDD unit 

operated on July 26, 2005, from the EPA Clean Air Markets 

Division (CAMD) NO,, emission data, which as of March 

20, 2009 can be found at http ://camddataandmaps .epa. 

gov/gdm/ ; and 

RF (Reduction Factor) = The HEDD NO,, emission 

reduction factor for each owner or operator shall be the 

sum of all Unit Reduction Factors .(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 NO, 

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 NO,, emissions 

emitted by a HEDD unit on July 26, 2005 obtained from 

the EPA Clean Air Markets Division (CAMD) NO,, 

emission data, which as of March 20, 2009 can be found at 

http ://camddataandmaps.epa. ov/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 NO, emission rate of that unit was 0 .15 Ib/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 NO,, emission rate of that unit was 

0 .15 Ib/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 NO,, 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 

ENVIRONMENTAL PROTECTION 

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 ; 

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 NO, 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 

Supp. 5-18-09 27-180.0 .12 
AIR POLLUTION CONTROL 

following, as applicable, for each electric generating 

unit: 

(1) Fuel flow/firing rate instrument to monitor 

fuel consumption ; 

(2) CEMs monitoring of NO,, emissions or monitoring of any parameter that can be used to calculate 

the NO, 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 

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 NO, emission rates were calculated for 

each EGU in (e)3 above; 

13 . Any other data needed to calculate baseline and 

actual NO, emissions for each EGU in (e)3 above ; 

14 . Calculations and results for the following: 

i . Baseline NO,, emissions (BE in Equation 1, at (c) 

above) ; 

ii . Actual NO,; emissions after 2009 Protocol control measures, calculated pursuant to the approved 2009 

Protocol : 

7:27-19 .29 

iii . Required NO,, emission reduction (ER in Equation 1, at (c) above) ; and 

iv . Actual NO,, 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 . 

(e)3 

(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 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, 

27-180.0 .13 Supp.5-18-09 
7 :27-19 .29 

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 . 

(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 

ENVIRONMENTAL PROTECTION 

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: 

(1) Baseline NOX emissions (BE in Equation 1, at 

(c) above); 

(2) Actual NO, emissions after emission reduction measures ; 

(3) Required NO,, emission reduction (ER in 

Equation 1, at (c) above); and 

(4) Actual NO,, 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 . 

New Rule, R.2009 d.137, effective April 20, 2009 (operative May 19, 

2009). 

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

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 

Supp. 5-18-09 27-180 .0 .14 
AIR POLLUTION CONTROL 

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: 

l . 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 NO, 

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 ; 

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)1 v 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 NO,; 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; 

7:27-19 .30 

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 NO,, 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 : 

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 NOa 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, on 

January 1 of that calendar year, any of the owner or 

operator's HEDD units: 

i . Did not comply with the applicable maximum 

allowable NO,, 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 ; 

27-180.0 .15 Supp. 5-18-09 
7:27-19.30 

3 . The owner or operator shall submit each update to 

the Department at the address at (a) above; and 

4. An update shall include the following information 

for each HEDD unit meeting the criteria at (c)1 i through iii 

above : 

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. 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 . 

New Rule, R.2009 d.137, effective April 20, 2009 (operative May 19, 

2009). 

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

APPENDIX 

(Reserved) 

New Rule, R.2004 d.129, effective April 5, 2004 (operative April 25, 

2004). 

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

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

2009). 

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

Appendix was "Notice of Use of N0, Budget Allowances" . 

SUBCHAPTER 20 . USED OIL COMBUSTION 

Authority 

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

Source and Effective Date 

R.1999 d .428 . effective December 6 . 1999 (operative January 8, 2000) . 

See : 30 N.J .R. 4003(a), 31 N.J .R . 4016(a) . 

7:27-20 .1 Definitions 

(a) The following words and terms, when used in this 

subchapter, have the meanings given below unless the context 

clearly indicates otherwise. 

ENVIRONMENTAL PROTECTION 

"Air quality impact analysis" means a procedure, entailing 

the use of an air quality simulation model, for determining 

whether air contaminant emissions will result in ambient air 

concentrations that exceed standards established for the protection of human health and welfare and the environment. 

"Air quality simulation model" means a mathematical procedure, taking into account the dispersive capacity of the 

atmosphere, meteorological data, topography, and other relevant factors, to predict the concentration of an air contaminant in the ambient air. Such procedure may entail use of 

a mathematical model or a physical model. 

"Ash" means the residue remaining after the burning of a 

material as tested according to ASTM Standard Test Method 

for Ash from Petroleum Products by ASTM D482-91, 

incorporated herein by reference. This specification can be 

obtained from the ASTM, 1916 Race Street, Philadelphia, 

Pennsylvania 19103. 

"Brake fluid" means oil drained from the braking system of 

a conveyance . 

"Combustion unit" means a unit into which fuel is charged 

and heated to the point at which oxidation occurs and energy 

is generated. 

"Commercial fuel" means solid, liquid, or gaseous fuel 

normally produced or manufactured, and sold for the purpose 

of creating useful heat . 

"Crankcase oil" means oil drained from the crankcase of a 

conveyance . 

"Do-it-yourselfer used oil collection center" means any site 

or facility that accepts and/or aggregates and stores used oil 

collected only from household do-it-yourselfer used oil 

generators . 

"Energy recovery" means the use of heat from combustion 

for a useful purpose, such as the heating of air or water for 

space heating or wash water. 

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

operations, and other operations that are located on a single 

site or on contiguous or adjacent sites and that are under 

common control of the same person or persons. Research and 

development facilities that are located with other facilities 

shall be considered separate and independent entities for the 

purposes of complying with the operating permit requirements of P .L . 1954, c.212 (N.J .S .A . 26:2C-1 et seq .) or any 

codes, rules, or regulations adopted pursuant thereto. 

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