102034 Federal Register / Vol. 89, No. 242 / Tuesday, December 17, 2024 / Proposed Rules 

18, 2011 (Improving Regulation and 

Regulatory Review). The Office of 

Information and Regulatory Affairs has 

determined that this rule is not a 

significant regulatory action under 

Executive Order 12866, as amended by 

Executive Order 14094. The Regulatory 

Impact Analysis associated with this 

rulemaking can be found as a 

supporting document at 

www.regulations.gov. 

Regulatory Flexibility Act (RFA) 

The Secretary hereby certifies that 

this proposed rule would or not have a 

significant economic impact on a 

substantial number of small entities as 

they are defined in the Regulatory 

Flexibility Act (5 U.S.C. 601–612). The 

factual basis for this certification is that 

this proposed rule impacts only VA staff 

and veterans, and thus no small entities 

will be affected. Therefore, pursuant to 

5 U.S.C. 605(b), the initial and final 

regulatory flexibility analysis 

requirements of 5 U.S.C. 603 and 604 do 

not apply. 

Unfunded Mandates 

The Unfunded Mandates Reform Act 

of 1995 requires, at 2 U.S.C. 1532, that 

agencies prepare an assessment of 

anticipated costs and benefits before 

issuing any rule that may result in the 

expenditure by State, local, and tribal 

governments, in the aggregate, or by the 

private sector, of $100 million or more 

(adjusted annually for inflation) in any 

one year. This proposed rule would 

have no such effect on State, local, and 

tribal governments, or on the private 

sector. 

Paperwork Reduction Act (PRA) 

Although this proposed rule contains 

a collection of information under the 

provisions of the Paperwork Reduction 

Act of 1995 (44 U.S.C. 3501–3521), there 

are no provisions associated with this 

rulemaking constituting any new 

collection of information or any 

revisions to the current collection of 

information. The collection of 

information for 38 CFR 17.105(c) is 

currently approved by the Office of 

Management and Budget (OMB) and has 

a valid OMB control number of 2900– 

0165. 

List of Subjects in 38 CFR Part 17 

Administrative practice and 

procedure, Claims, Health care, 

Veterans. 

Signing Authority 

Denis McDonough, Secretary of 

Veterans Affairs, signed and approved 

this document on December 5, 2024, 

and authorized the undersigned to sign 

and submit the document to the Office 

of the Federal Register for publication 

electronically as an official document of 

the Department of Veterans Affairs. 

Consuela Benjamin, 

Regulation Development Coordinator, Office 

of Regulation Policy & Management, Office 

of General Counsel, Department of Veterans 

Affairs. 

For the reasons stated in the 

preamble, the Department of Veterans 

Affairs proposes to amend 38 CFR part 

17 as set forth below: 

PART 17—MEDICAL 

■ 1. The authority citation for part 17 

continues to read as follows: 

Authority: 38 U.S.C. 501, and as noted in 

specific sections. 

* * * * * 

■ 2. Amend § 17.105 by revising 

paragraph (c) to read as follows: 

§ 17.105 Waivers 

* * * * * 

(c) Of charges for copayments. If the 

debt represents charges for outpatient 

medical care, inpatient hospital care, 

medication, extended care services, or 

urgent care copayments made under 

§§ 17.108, 17.110, 17.111, or 17.4600, 

either a claimant or VA may initiate a 

waiver request. 

(1) If the claimant requests the waiver, 

the claimant must: 

(i) Make the request within the time 

period provided in § 1.963(b) of this 

chapter. 

(ii) Submit the request in writing to 

the Consolidated Patient Account 

Center (CPAC) Chief Fiscal Officer. 

(iii) Provide any additional 

information that VA may request to 

determine whether the waiver will be 

granted. 

(iv) Request a hearing under § 1.966(a) 

of this chapter if a hearing is desired. 

(2) If VA requests a waiver on behalf 

of a veteran, VA will: 

(i) Make the request within the time 

period provided in § 1.963(b) of this 

chapter. 

(ii) Submit the request in writing to 

the designated CPAC Chief Fiscal 

Officer. 

(iii) Notify the veteran in writing that 

a waiver request has been made on the 

veteran’s behalf and that the veteran 

may request a hearing pursuant to 

§ 1.966(a). 

(iv) Request any additional 

information from the veteran that may 

be required to determine whether the 

waiver will be granted. 

(3) The CPAC Chief Fiscal Officer may 

extend the time period to submit a 

waiver request if the Chairperson of the 

Committee on Waivers and 

Compromises could do so under 

§ 1.963(b) of this chapter. 

(4) The CPAC Chief Fiscal Officer will 

apply the ‘‘equity and good conscience’’ 

standard in accordance with §§ 1.965 

and 1.966(a) of this chapter, and may 

waive all or part of the claimant’s debts. 

(5) A decision by the CPAC Chief 

Fiscal Officer under this provision is 

final (except that the decision may be 

reversed or modified based on new and 

material evidence, fraud, a change in 

law or interpretation of law, or clear and 

unmistakable error shown by the 

evidence in the file at the time of the 

prior decision, as provided in § 1.969 of 

this chapter) and may be appealed in 

accordance with 38 CFR parts 19 and 

20, as applicable. 

* * * * * 

[FR Doc. 2024–28999 Filed 12–16–24; 8:45 am] 

BILLING CODE 8320–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R02–OAR–2024–0573; FRL–12459– 

01–R2] 

Approval of Air Quality Implementation 

Plans; New Jersey; Permits and 

Certificates for Minor Facilities (and 

Major Facilities Without an Operating 

Permit), and Air Emission Control and 

Permitting Exemptions 

AGENCY: Environmental Protection 

Agency. 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to approve a 

revision to New Jersey’s State 

Implementation Plan (SIP), submitted 

by the New Jersey Department of 

Environmental Protection (NJDEP), to 

incorporate regulations concerning 

permits and certificates for minor source 

facilities and major source facilities 

without an operating permit. The 

intended effect of the NJDEP’s revisions 

to the SIP, is to regulate the construction 

and modification of stationary sources 

with adequate requirements to ensure 

that the National Ambient Air Quality 

Standards (NAAQS) are satisfied. In 

addition, the NJDEP’s revisions will 

strengthen the SIP by conforming it with 

the State regulations that were in effect 

at the time of the SIP submission. If the 

EPA finalizes this rulemaking as it is 

being proposed, the Federal air 

permitting program for New Jersey will 

be updated, which will better serve the 

regulated community and help to 

protect the quality of air in the State. 


ddrumheller on DSK120RN23PROD with PROPOSALS1
Federal Register / Vol. 89, No. 242 / Tuesday, December 17, 2024 / Proposed Rules 102035 

1See 62 FR 42412. 

DATES: Written comments must be 

received on or before January 16, 2025. 

ADDRESSES: Submit your comments, 

identified by Docket ID Number EPA– 

R02–OAR–2024–0573 at https://

www.regulations.gov. Although listed in 

the index, some information is not 

publicly available, e.g., Controlled 

Unclassified Information (CUI) (formally 

referred to as Confidential Business 

Information (CBI)) or other information 

whose disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available electronically through https:// 

www.regulations.gov. Follow the online 

instructions for submitting comments. 

Once submitted, comments cannot be 

edited or removed from Regulations.gov. 

The EPA may publish any comment 

received to its public docket. Do not 

submit electronically any information 

you consider to be CUI or other 

information whose disclosure is 

restricted by statute. Multimedia 

submissions (audio, video, etc.) must be 

accompanied by a written comment. 

The written comment is considered the 

official comment and should include 

discussion of all points you wish to 

make. The EPA will generally not 

consider comments or comment 

contents located outside of the primary 

submission (i.e., on the web, cloud, or 

other file sharing system). For 

additional submission methods, the full 

EPA public comment policy, 

information about CUI or multimedia 

submissions, and general guidance on 

making effective comments, please visit 

https://www.epa.gov/dockets/ 

commenting-epa-dockets. 

FOR FURTHER INFORMATION CONTACT: 

Nicholas Ferreira, Air Programs Branch, 

Environmental Protection Agency, 

Region 2, 290 Broadway, 25th Floor, 

New York, New York 10007–1866, (212) 

637–3127, or by email at 

ferreira.nicholas@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

II. Summary of the SIP Revision and the 

EPA’s Analysis 

III. Environmental Justice Considerations 

IV. The EPA’s Proposed Action 

V. Incorporation by Reference 

VI. Statutory and Executive Order Reviews 

I. Background 

On February 24, 2014, and as 

supplemented on August 23, 2018, the 

State of New Jersey, through the NJDEP, 

submitted to the EPA, revisions to the 

New Jersey SIP. The revisions consisted 

of new provisions and amendments to 

New Jersey Administrative Code (i.e., 

N.J.A.C.), Title 7, Chapter 27 (i.e., 7:27), 

subchapter 8, ‘‘Permits and Certificates 

for minor facilities (and major facilities 

without an operating permit).’’ The 

revisions submitted on February 24, 

2014, and August 23, 2018, became 

State effective on September 19, 2011, 

and January 16, 2018, respectively. The 

last major EPA approval of subchapter 

8 into the New Jersey SIP occurred in 

1986, with further amendments to the 

rule approved into the SIP occurring in 

1994, 1997, and 2023. The NJDEP’s 2014 

and 2018 submittals are intended to 

strengthen the SIP by conforming it with 

the subchapter 8 State regulations that 

the State had in effect at the time of 

submission to the EPA. 

Section 110(a)(2)(C) of the Clean Air 

Act (CAA) requires States to include in 

their SIPs, programs that regulate the 

construction and modification of 

stationary sources with adequate 

requirements to ensure that the National 

Ambient Air Quality Standards 

(NAAQS) are achieved. New Jersey 

submitted the February 24, 2014, and 

August 23, 2018, SIP revisions to fulfill 

this requirement of the CAA as it 

applies to minor stationary sources and 

major source facilities without an 

operating permit. 

In accordance with section 110(a) of 

the CAA, SIP rules must be enforceable, 

and the EPA must not approve a 

revision that interferes with any 

applicable requirement concerning 

attainment and reasonable further 

progress (see CAA section 110(l)). The 

EPA evaluates minor new source review 

programs included as SIP submittals 

based on the criteria in subpart I of 40 

CFR part 51 and new major sources and 

major modifications under 40 CFR 

51.165 and 51.166 and part C and D of 

title I of the CAA. 

The EPA has determined that the rule 

revisions that New Jersey submitted, are 

mostly consistent with the relevant 

policy and guidance regarding the 

enforceability of the revisions. 

Additionally, the EPA has determined 

that the rule revisions comply with the 

requirement under CAA section 110(l), 

that the EPA may not approve a revision 

that could interfere with any applicable 

requirement concerning attainment and 

reasonable further progress and meet the 

criteria in subpart I of 40 CFR part 51, 

§§ 51.160 through 51.164. For the 

reasons herein stated, apart from five 

provisions related to odor (which the 

NJDEP acknowledged within its 

February 24, 2014, cover letter that was 

included with the SIP submittal would 

not be incorporated by the EPA into the 

federally enforceable SIP) and one 

provision related to affirmative defense 

(which was withdrawn by the NJDEP 

after the February 24, 2014, and August 

23, 2018, submittals) the EPA proposes 

to approve the amendments submitted 

by New Jersey to strengthen the State’s 

SIP. 

II. Summary of the SIP Revision and 

the EPA’s Analysis 

On February 24, 2014, and as 

supplemented on August 23, 2018, New 

Jersey, through the NJDEP, submitted 

revisions to its SIP, consisting of new 

provisions and amendments to N.J.A.C. 

7:27–8, ‘‘Permits and Certificates for 

minor facilities (and major facilities 

without an operating permit).’’ Specifics 

on the amendments to the current SIPapproved subchapter 8 provisions are 

provided in further detail under this 

section of the preamble. The NJDEP’s 

submission included supplemental 

materials such as documentation of the: 

public hearing, public comment period, 

and the State’s responses to public 

comments. These materials are in the 

EPA’s docket for this proposal. 

Subchapter 8.1, ‘‘Definitions’’ 

The EPA finalized the amendments to 

the definitions for terms under N.J.A.C. 

7:27–8.1, ‘‘Definitions,’’ on November 

28, 2023. See 88 FR 83036. As a result, 

the EPA will not be proposing to 

approve any revisions to N.J.A.C. 7:27– 

8.1 with this proposed rulemaking. 

Subchapter 8.2, ‘‘Applicability’’ 

N.J.A.C. 7:27–8.2, ‘‘Applicability,’’ 

lists the sources of air contaminant 

emissions, including pieces of 

equipment, operations, and/or 

processes, for which the procurement of 

a permit and operating certificate are 

required. The EPA last approved 

N.J.A.C. 7:27–8.2, ‘‘Permits and 

certificates required,’’ into New Jersey’s 

SIP on August 7, 1997,1 and is now 

proposing to approve revisions that 

have since been made to N.J.A.C. 7:27– 

8.2, including the renaming of this 

subsection. 

Per N.J.A.C. 7:27–8.2(a), a source that 

is required to have a permit and 

certificate under N.J.A.C. 7:27–8 (i.e., 

‘‘subchapter 8’’) is a ‘‘significant 

source,’’ and a source that is not 

required to have a permit and certificate 

under subchapter 8 is considered an 

‘‘insignificant source.’’ As clarified in 

N.J.A.C. 7:27–8.2(b), a significant source 

that is located at a facility with an 

operating permit subject to N.J.A.C. 

7:27–22, ‘‘Operating permits,’’ is not 

subject to the requirements of 

subchapter 8. However, in accordance 

with N.J.A.C. 7:27–8.2(b)(1) through (3), 


ddrumheller on DSK120RN23PROD with PROPOSALS1
102036 Federal Register / Vol. 89, No. 242 / Tuesday, December 17, 2024 / Proposed Rules 

2See the letter that the NJDEP submitted to the 

EPA’s Region 2 Director of the Air and Radiation 

Division, John Filippelli, dated February 24, 2014, 

within the docket for this rulemaking. 3See 51 FR 42565. 

4 Id. 

5See the letter that the NJDEP submitted to the 

EPA’s Region 2 Director of the Air and Radiation 

Division, Richard Ruvo, dated October 7, 2024, 

within the docket for this rulemaking. 

a source located at a facility with an 

operating permit will still remain 

subject to the requirements of 

subchapter 8: (1) While awaiting an 

operating permit to be issued, (2) if it is 

a new source and it elects to obtain a 

preconstruction permit and certificate 

per N.J.A.C. 7:27–22.5(g), or (3) if a 

portion of the operating permit facility 

is not subject to N.J.A.C. 7:27–22 

requirements, then that portion remains 

subject to subchapter 8. 

A significant source includes any 

equipment or source of operation that 

may emit one or more air contaminants 

directly or indirectly into the outdoor 

air and belongs to one of the categories 

listed under N.J.A.C. 7:27–8.2(c)(1) 

through (21). However, equipment or 

source operations listed under N.J.A.C. 

7:27–8.2(d)(1) through (14), are exempt 

from being classified as a significant 

source and do not require a 

preconstruction permit and operating 

certificate. 

Per N.J.A.C. 7:27–8.2(e), equipment or 

a source operation that would be 

classified as a significant source solely 

based on a combined raw material 

weight exceeding 50 pounds in any one 

hour under N.J.A.C. 7:27–8.2(c)(19), is 

not considered a significant source, and 

therefore, not required to obtain a 

permit and certificate, provided it 

satisfies the conditions at N.J.A.C. 7:27– 

8.2(e)(1) through (3). In addition, per 

N.J.A.C. 7:27–8.2(f)(1), commercial fuel 

burning equipment under N.J.A.C. 7:27– 

8.2(c)(1), except for the sources listed 

under N.J.A.C. 7:27–8.2(c)(21), that has 

a maximum rated heat input of 1,00,000 

BTU per hour or greater to the burning 

chamber (including emergency 

generators), is excluded from the 

requirement to obtain a preconstruction 

permit and operating certificate, if it 

meets the criteria under N.J.A.C. 7:27– 

8.2(f)(1) through (4). 

The EPA will not be proposing to 

approve N.J.A.C. 7:27–8.2(d)(3)(ii)(2) 

and N.J.A.C. 7:27–8.2(e)(2)(ii), per the 

NJDEP’s request, since these provisions 

address and reduce ‘‘odors.’’ 2 While the 

NJDEP included the odor provisions in 

the February 24, 2014, SIP revision, the 

NJDEP acknowledged in its cover letter 

that the EPA does not regulate odors 

and, consequently, the odor provisions 

will not be included in the federally 

enforceable SIP. The NJDEP is correct 

that odors are not regulated by the EPA 

and that the EPA’s approval of SIPs is 

limited to air pollutants regulated by 

Federal rules; therefore, the EPA is not 

proposing to approve these odor related 

provisions into the SIP. 

Furthermore, under N.J.A.C. 7:27– 

8.2(g), control apparatus serving as a 

significant source are to be included in 

the preconstruction permit and 

operating certificate control for the 

significant source. In accordance with 

N.J.A.C. 7:27–8.2(h), emissions 

information from an insignificant source 

is required to be provided on an 

application subject to N.J.A.C. 7:27–8.4, 

if the insignificant source vents to a 

control device, stack, or chimney, which 

also serves a significant source. 

Additionally, N.J.A.C. 7:27–8.2(i) 

stipulates that a permit and certificate 

are not required for equipment, control 

apparatus, or a source operation covered 

by a facility-wide permit issued per 

N.J.S.A. 13:1D–35, except where 

N.J.A.C. 7:27–8.27, ‘‘Special facilitywide permit provisions,’’ is still 

applicable. Finally, N.J.A.C. 7:27(j), 

clarifies that subchapter 8 does not 

preclude an owner or operator from 

voluntarily obtaining a preconstruction 

permit and operating certificate for a 

source not required to obtain a permit. 

The EPA finds the applicability 

provisions of N.J.A.C. 7:27–8.2 

acceptable for ensuring a vast variety of 

sources are covered by the provisions of 

subchapter 8. Therefore, the EPA is 

proposing to approve N.J.A.C. 7:27–8.2, 

except for N.J.A.C. 7:27–8.2(d)(3)(ii)(2) 

and N.J.A.C. 7:27–8.2(e)(2)(ii), as it was 

submitted to the EPA by the NJDEP on 

February 24, 2014, and as supplemented 

on August 23, 2018. 

Subchapter 8.3, ‘‘General Provisions’’ 

N.J.A.C. 7:27–8.3, ‘‘General 

provisions,’’ provides the general 

requirements for obtaining a 

preconstruction permit or operating 

certificate for a significant source or a 

control apparatus serving a significant 

source. The EPA last approved N.J.A.C. 

7:27–8.3 into New Jersey’s SIP on 

November 25, 1986,3 and is now 

proposing to approve the revisions that 

New Jersey made since the 1986 

approval, through August 23, 2018. 

As specified in N.J.A.C. 7:27–8.3(a) 

and (b), no person shall construct, 

reconstruct, install, modify, or operate a 

significant source or control apparatus 

without first obtaining a preconstruction 

permit and/or valid operating 

certificate. In addition, under N.J.A.C. 

7:27–8.3(c), a permittee may not take 

any action that requires a permit 

revision, compliance plan change, 

seven-day-notice change, amendment, 

or change to a batch plant permit under 

any appliable provision at N.J.A.C. 

7:27–8.17 through 23 (as will be 

discussed later in this proposed 

rulemaking), without complying with 

the applicable provisions under 

subchapter 8. 

According to N.J.A.C. 7:27–8.3(d) and 

N.J.A.C. 7:27–8.3(m), persons holding a 

permit or certificate are required to 

make relevant documents readily 

available to the NJDEP for inspection on 

the operating premises. The NJDEP 

reserves the right for its representatives 

to enter and inspect any facility or 

property as provided by N.J.A.C. 7:27– 

1.31. Additionally, under N.J.A.C. 7:27– 

8.3(e), no person is allowed to use any 

equipment unless all components are 

functioning properly and in a manner 

that is consistent with the 

preconstruction permit and certificate. 

Per N.J.A.C. 7:27–8.3(f), a 

preconstruction permit or certificate is 

not allowed to be transferred from the 

location authorized in the permit to 

another location, as well as from one 

piece of equipment to another. 

Once a permit and certificate are 

issued, the permittee is fully responsible 

for compliance with the permit and 

certificate, subchapter 8, and any other 

requirement issued by the NJDEP with 

the force of law (N.J.A.C. 7:27–8.3(g)). 

Under N.J.A.C. 7:27–8.3(h) permits or 

certificates issued under subchapter 8 

do not relieve an applicant from 

obtaining necessary permits from other 

governmental agencies to comply with 

Federal, State, and local rules and 

regulations. Finally, per N.J.A.C. 7:27– 

8.3(i), a person conducting only normal 

repair and maintenance of a control 

apparatus or equipment, as defined at 

N.J.A.C. 7:27–81, need not comply with 

N.J.A.C. 7:27–8.3(a), (b), or (c). 

While the NJDEP included odor 

provisions in the February 24, 2014, SIP 

revision, the EPA will not be proposing 

to approve N.J.A.C. 7:27–8.3(j), per the 

NJDEP’s acknowledgement that odors 

are not regulated by the EPA and cannot 

be included in a federally enforceable 

SIP.4 The NJDEP is correct that odors 

are not regulated by the EPA and that 

the EPA’s approval of SIPs is limited to 

air pollutants regulated by Federal rules; 

therefore, the EPA is not proposing to 

approve this odor related provision. 

Additionally, consistent with a request 

from the NJDEP on October 7, 2024,5 the 

EPA is not acting on N.J.A.C. 7:27– 

8.3(n), which is an affirmative defense 

provision. On June 15, 2015, the EPA 

issued a final action in the Federal 


ddrumheller on DSK120RN23PROD with PROPOSALS1
Federal Register / Vol. 89, No. 242 / Tuesday, December 17, 2024 / Proposed Rules 102037 

6 80 FR 33981–33982. 

7 80 FR 47029. 

Register that concerned how provisions 

in EPA-approved SIPs treat excess 

emissions during periods of startup, 

shutdown, or malfunction. See 80 FR 

33840 (June 15, 2015). In that final 

action, the EPA clarified its 

interpretation of the Clean Air Act 

(CAA) with respect to affirmative 

defense provisions.6 The EPA explained 

that affirmative defense provisions in 

any context are not appropriate under 

the CAA (‘‘These provisions are not 

appropriate under the CAA, no matter 

what type of event they apply to, what 

criteria they contain or what forms of 

remedy they purport to limit or 

eliminate.’’).7 Consequently, the 

emergency affirmative defense provision 

in N.J.A.C. 7:27–8.3(n) falls within the 

scope of the EPA’s June 15, 2015, final 

action and cannot be approved. Thus, to 

avoid potential disapproval, the NJDEP 

has withdrawn this provision from its 

submittal, and the EPA will not include 

this provision within the EPA-approved 

version of N.J.A.C. 7:27–8.3 that will be 

included in New Jersey’s SIP upon the 

EPA finalizing this rulemaking. The 

EPA’s treatment of this provision is also 

consistent with the D.C. Circuit’s 

decision on affirmative defenses in 

Environmental Committee of the Florida 

Electric Power Coordinating Group, Inc., 

v. EPA, 94 F.4th 77 (D.C. Cir. 2024). 

Except for N.J.A.C. 7:27–8.3(j) and (n), 

the EPA finds the general provisions 

listed under N.J.A.C. 7:27–8.3, to be 

acceptable. The EPA is therefore 

proposing to approve N.J.A.C. 7:27–8.3, 

except for N.J.A.C. 7:27–8.3(j) and (n), as 

it was submitted to the EPA by the 

NJDEP on February 24, 2014. 

Subchapter 8.4, ‘‘How To Apply, 

Register, Submit a Notice, or Renew’’ 

Under N.J.A.C. 7:27–8.4, ‘‘How to 

apply, register, submit a notice, or 

renew,’’ instructions are provided 

pertaining to applications, registrations, 

notices, and renewals related to 

subchapter 8. 

Specifically, N.J.A.C. 7:27–8.4(a)(1) 

through (12) includes requirements for 

preconstruction permit and operating 

certificate applications, registrations for 

general permits or used oil space 

heaters, notices of change or 

amendments (to a seven-day-notice, 

preconstruction permit or operating 

certificate, and/or registration), and 

renewal of an operating certificate or 

registrations. Actions listed under 

N.J.A.C. 7:27–8.4(a)(1) through (12) are 

to be submitted in accordance with 

forms obtained from the NJDEP via the 

options listed under N.J.A.C. 7:27– 

8.4(b)(1) and (2). In addition, directions 

for how to complete electronic or paper 

application forms, registration forms, 

notices or renewal application stubs and 

renewal fee payments are listed at 

N.J.A.C. 7:27–8.4(c)(1) through (7). 

Applications, registrations, or notices 

will be required under N.J.A.C. 7:27– 

8.4(d), to contain all relevant details and 

information which the NJDEP considers 

necessary pertaining to applicable 

sources to ensure such sources are 

designed to operate without violating 

any relevant State or Federal laws or 

regulations. Notably, per N.J.A.C. 7:27– 

8.4(e), all information submitted to the 

NJDEP, will be considered public 

information, unless the applicant marks 

information as confidential in 

accordance with N.J.S.A. 26:2C–9.2 and 

N.J.A.C. 7:27–1. 

Before approving an operating 

certificate, the NJDEP, in its discretion, 

may require an applicant to conduct 

testing if it is determined to be 

necessary to verify that an applicable 

source will comply with the limits 

established in a preconstruction permit 

and certificate (N.J.A.C. 7:27–8.4(f)). 

N.J.A.C. 7:27–8.4(f)(1) through (6) lists 

the requirements that applicants shall 

follow if the NJDEP determines testing 

is required. An application, registration, 

or notice will generally not be required 

to include information on insignificant 

sources unless the exception at N.J.A.C. 

7:27–8.4(g) applies. The number of 

sources that can be included on one 

application, registration, or notice is 

determined according to the guidelines 

in N.J.A.C. 7:27–8.4(h). 

A New Source Performance Standards 

(NSPS) and National Emission Standard 

for Hazardous Air Pollutants (NESHAP) 

applicability and compliance 

demonstration will be required under 

N.J.A.C. 7:27–8.4(i), as part of an 

application for a preconstruction permit 

or permit revision for proposed 

equipment that is within any source 

category to which an NSPS or NESHAP 

is applicable. Under N.J.A.C. 7:27–8.4(j), 

an application shall include a protocol 

for conducting an air quality impact 

analysis and a risk assessment, if 

required under N.J.A.C. 7:27–8.5. An 

application, registration, or notice is 

required to list each air contaminant 

which meets the conditions under 

N.J.A.C. 7:27–8.4(k)(1) if it is required 

by an applicable form. The EPA is not 

proposing to approve N.J.A.C. 7:27– 

8.4(k)(2) since it addresses the reduction 

of ‘‘odors,’’ and the EPA’s approval of 

SIPs is limited to pollutants regulated 

by Federal rules, as acknowledged by 

the NJDEP in the cover letter for its 

February 24, 2014 submission. 

Applicants must list each Hazardous 

Air Pollutant (HAP) raw material 

individually on their application. For 

non-HAP raw materials, applicants can 

either list them individually or group 

them together based on similar physical 

and/or chemical properties, as specified 

in N.J.A.C. 7:27–8.4(l)(1) and (2). When 

listing the emissions for a contaminant 

pursuant to N.J.A.C. 7:27–8.4(k), the 

application, registration, or notice 

should follow the instructions at N.J.A.C 

7:27–8.4(m). To ensure timely renewal 

of an operating certificate, a used oil 

space heater registration, or a 

registration under a general permit, a 

permittee is required to submit a 

renewal application stub and renewal 

fee payment no less than 90 days prior 

to the expiration date of such 

certificates and registrations (N.J.A.C. 

7:27–8.4(n)). In accordance with 

N.J.A.C. 7:27–8.4(o), persons submitting 

an application, registration, or notice to 

the NJDEP pursuant to subchapter 8, are 

required to include certifications 

complying with N.J.A.C. 7:27–1.39. In 

addition, any relevant information an 

applicant might want the NJDEP to 

consider during the decision-making 

process will be required to be submitted 

in writing prior to the NJDEP deciding 

on the application, registration, or 

notice (N.J.A.C. 7:27–8.4(p)). 

As was the case for N.J.A.C. 7:27– 

8.4(k)(2), N.J.A.C. 7:27–8.4(q) also 

addresses and reduces ‘‘odors,’’ 

therefore the EPA is not acting on this 

provision. Despite including the odor 

provisions in an attachment to its 

February 24, 2014 SIP submittal, the 

NJDEP acknowledged in its cover letter 

that the EPA does not regulate odors 

and, consequently, the oder provisions 

will not be included in the SIP. 

Finally, permitting procedure 

manuals are listed under N.J.A.C. 7:27– 

8.4(s)(1) through (4), which summarize 

certain alternative application and 

permitting procedures, developed to 

take into consideration the specific 

characteristics of sources, for which an 

applicant may elect to use, rather than 

the corresponding standard procedures 

set forth in subchapter 8. 

The EPA finds the provisions under 

N.J.A.C. 7:27–8.4 (except for N.J.A.C. 

7:27–8.4(k)(2) and (q)), as submitted to 

the EPA by the NJDEP on February 24, 

2014, and as supplemented on August 

23, 2018, to be acceptable and is 

therefore proposing approval into the 

SIP. 

Subchapter 8.5, ‘‘Air Quality Impact 

Analysis’’ 

Under N.J.A.C. 7:27–8.5, ‘‘Air quality 

impact analysis,’’ requirements for 


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8These technical guidance documents are 

available on the NJDEP’s website at https://

www.nj.gov/dep/aqpp/techman.html. 9See 59 FR 17933. 

applications subject to an air quality 

impact analysis are established. 

Applications that shall include an air 

quality impact analysis are listed under 

N.J.A.C. 7:27–8.5(a). This includes 

applications which are subject to the 

Prevention of Significant Deterioration 

(PSD) air quality impact analysis 

requirements of 40 CFR part 52.21, 

those for which the proposed maximum 

allowable emission of an air 

contaminant would result in a 

significant net emission increase, those 

for which are required to by a State or 

Federal rule, and those which the 

NJDEP determines such an analysis to 

be necessary to determine the 

environmental impact of proposed 

activities. 

In addition, N.J.A.C. 7:27–8.5(b) 

provides the NJDEP with the authority 

to require ambient air monitoring and a 

risk assessment as part of the air quality 

impact analysis. An air quality impact 

analysis is required to demonstrate 

whether the maximum controlled 

emissions specified on the 

preconstruction application may violate 

the requirements under N.J.A.C. 7:27– 

8.5(c)1–4. 

Finally, the NJDEP can only approve 

an air quality analysis and/or risk 

assessment if it is conducted in 

accordance with a protocol that is 

approved in advance by the NJDEP 

(N.J.A.C. 7:27–8.5(d)). An approvable 

protocol must include, but is not limited 

to, the relevant site-specific and general 

factors detailed under N.J.A.C. 7:27– 

8.5(d). This subsection also references 

the technical guidance on protocol 

preparation under the Air Quality 

Permitting Program’s Technical Manual 

1002, ‘‘Guidance on preparing an Air 

Quality Modeling Protocol’’ and 

Technical Manual 1003, ‘‘Guidance on 

Preparing a Risk assessment for Air 

Contaminant Emissions.’’ 8

The EPA finds the provisions under 

N.J.A.C. 7:27–8.5 appropriate for 

ensuring that necessary projects 

undergo air quality assessments. The 

EPA is therefore proposing to approve 

N.J.A.C. 7:27–8.5, as it was submitted to 

the EPA, by the NJDEP on February 24, 

2014. 

Subchapter 8.6, ‘‘Service Fees’’ 

Under N.J.A.C. 7:27–8.6, ‘‘Service 

fees,’’ the applicable registration fees a 

registrant shall submit with a completed 

registration form, acceptable forms of 

payment, and the schedule for which 

fees are to be submitted by a registrant 

and processed by the NJDEP are 

specified. The EPA last approved 

provisions pertaining to service fees into 

New Jersey’s SIP with its approval of 

N.J.A.C. 7:27–8.11, ‘‘Service fees,’’ on 

April 15, 1994,9 and is now proposing 

to approve the revisions that have since 

been made, which include the 

renumbering of this subsection from 

8.11 to 8.6. 

N.J.A.C 7:27–8.6(a) through (f), 

provides for paper and online 

applications, the procedure for 

invoicing and paying any potential 

supplementary fees, the fee process for 

new applications, and the payment of 

fees by installments. N.J.A.C. 7:27–8.6(f) 

lists the specific fee amounts in ‘‘Base 

Fee Tables’’ (Tables 1–3) and the 

‘‘Supplementary Fee Schedule.’’ 

Further, the NJDEP is provided with the 

ability and allowance to consider an 

increase to these fees under N.J.A.C. 

7:27–8.6(l). 

In accordance with N.J.A.C. 7:27– 

8.6(g), facilities subject to N.J.A.C. 7:27– 

22 are not required to pay the operating 

certificate fees set forth in Tables of 

N.J.A.C. 7:27–8.6 after June 30, 1995; 

however, after June 30, 1995, such 

facilities are required to pay fees in 

accordance with N.J.A.C. 7:27–22.31 for 

any significant modification, as defined 

under N.J.A.C. 7:27–22.1, while the 

issuance of an operating permit for the 

facility is pending. Moreover, under 

N.J.A.C. 7:27–8.6(k) there is no fee for 

an insignificant source even if emissions 

from an insignificant source must be 

listed on an application under N.J.A.C. 

7:27–8.4(g). 

The EPA finds these provisions under 

N.J.A.C. 7:27–8.6 to be acceptable for 

ensuring that facilities required to 

obtain such permits and certificates in 

accordance with subchapter 8 are 

making the payments necessary to fund 

such a program. The EPA is therefore 

proposing to approve N.J.A.C. 7:27–8.6, 

as it was submitted to the EPA by the 

NJDEP on February 24, 2014. 

Subchapter 8.7, ‘‘Operating Certificates’’ 

N.J.A.C. 7:27–8.7, ‘‘Operating 

certificates,’’ details the provisions 

pertaining to the acquisition of an 

operating certificate, the lifetime and 

renewal requirements of an operating 

certificate, and the types of temporary 

operating certificates that may be issued 

if the NJDEP determines additional 

information is needed while the source 

is operational. 

In accordance with N.J.A.C. 7:27– 

8.7(a), a source covered by a 

preconstruction permit is required to 

also be covered by an operating 

certificate. The preconstruction permit 

application form will also serve as the 

application form for the operating 

certificate and the NJDEP will issue both 

the preconstruction permit and 

operating certificate simultaneously, in 

one combined document (N.J.A.C. 7:27– 

8.7(a)). As a result, under N.J.A.C. 7:27– 

8.7(b), an applicant is required to follow 

the procedures for applying for a permit 

and certificate under N.J.A.C. 7:27–8.4 

to obtain an operating certificate or 

temporary operating certificate. 

Operating certificates (except for 

temporary operating certificates issued 

under N.J.A.C. 7:27–8.7(d)) expire five 

years after the date the preconstruction 

permit for the source is issued under 

N.J.A.C. 7:27–8.7(c) and are to be 

renewed prior to their expiration, if a 

source continues to operate, under 

N.J.A.C. 7:27–8.7(e). The NJDEP can 

issue one of two types of temporary 

operating certificates under N.J.A.C. 

7:27–8.7(d)(1) and (2), before issuing the 

final operating certificate, if it needs 

information that can only be obtained 

while a source is operating (e.g., stack 

test results). As provided under N.J.A.C. 

7:27–8.7(f), the NJDEP may also require 

testing to ensure compliance with State 

and Federal air pollution control 

requirements prior to renewing an 

operating certificate. 

The EPA finds these provisions under 

N.J.A.C. 7:27–8.7 to be appropriate for 

ensuring that operating certificates are 

regulated by the NJDEP in accordance 

with Federal regulations. The EPA is 

therefore proposing to approve N.J.A.C. 

7:27–8.7, as it was submitted to the EPA 

by the NJDEP on February 24, 2014. 

Subchapter 8.8, ‘‘General Permits’’ 

Under N.J.A.C. 7:27–8.8, ‘‘General 

permits,’’ the requirements pertaining to 

a general permit are provided. As 

detailed under N.J.A.C. 7:27–8.8(a), a 

general permit is a pre-approved permit 

and certificate which applies to a 

specific class of significant sources that 

the NJDEP issues pursuant to N.J.S.A. 

26:2C–9.2(h). If a source qualifies for a 

general permit, and its owner or 

operator registers and complies with 

subchapter 8, then the registration 

satisfies the requirements at N.J.A.C. 

7:27–8.3 for a permit and certificate. 

Per N.J.A.C. 7:27–8.7(b), general 

permits may not cover sources subject to 

the PSD requirements under 40 CFR 

52.21, or the emissions offset 

requirements of N.J.A.C. 7:27–18. 

However, general permits are available 

for sources listed under N.J.A.C. 7:27– 

8.8(c)(1) through (23). These sources 

include, but are not limited to: fuel 

dispensing facilities, certain eligible 

stationary storage tanks, boilers and/or 

heaters with specified heat inputs, 


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certain solvent degreasers using only 

Methylene Chloride or 1,1,1, 

Trichloroethane, certain equipment 

located at dry cleaning facility, 

equipment located at a plating or 

electroplating facility which is not 

subject to Maximum Achievable Control 

Technology (MACT), and equipment 

used for research and development 

meeting the applicability requirements 

specified in the general permit. 

Per N.J.A.C. 7:27–8.8(d), the NJDEP 

will be responsible for providing a 

registration form, the general permit 

itself, and a document entitled ‘‘General 

Procedures for General Permits.’’ The 

registration form to be provided by the 

NJDEP must include the information in 

N.J.A.C. 7:27–8.8(e). Furthermore, the 

general permit will be required to 

include all the conditions and 

requirements which must be met in 

order to act under the authority of the 

general permit including those listed 

under N.J.A.C. 7:27–8.8(f)(1) through 

(5). According to N.J.A.C. 7:27–8.8(g), 

the ‘‘General Procedures for General 

Permits’’ shall apply to all general 

permits; and shall include instructions 

for their use, a list of available general 

permits, and citations to the relevant 

regulatory provisions for their use. 

While some general permits apply to 

only one source, others may apply to a 

class of sources located at the same 

facility; therefore, N.J.A.C. 7:27–8.8(h) 

specifies whether each general permit 

applies to a group or a single source. 

That said, if a general permit applies to 

only one source, and if there are several 

sources at one facility that qualify for a 

general permit, a separate registration, 

including a fee, will have to be 

submitted for each source (N.J.A.C. 

7:27–8.8(h)). 

Per N.J.A.C. 7:27–8.8(i), registrants 

have the authority to operate under a 

general permit if they provide proof of 

the NJDEP’s receipt of a registration 

form. A registrant will be allowed to 

operate under the general permit for five 

years after the date of proof of receipt, 

unless one of the circumstances under 

N.J.A.C. 7:27–8.8(i)(1) and (2) are 

satisfied. 

Registrants are fully responsible for 

ensuring that the requirements of the 

general permit, the General Procedures 

for General Permits, and N.J.A.C. 7:27– 

8.8 are complied with, or otherwise may 

be liable for penalties if a source has 

been registered under a general permit 

and the registration is incorrect or 

deficient (N.J.A.C. 7:27–8.8(j)). Per 

N.J.A.C 7:27–8.8(k), the NJDEP shall 

acknowledge when a registration and 

fee are received. The NJDEP’s 

acknowledgment under N.J.A.C. 7:27– 

8.8(k) solely indicates that NJDEP 

received the registration; it is not 

confirmation of review or approval of 

the registration and will not relieve a 

registrant from liability for penalties for 

any unauthorized activities. Under 

N.J.A.C. 7:27–8.8(l), registrants must 

operate within the conditions of the 

general permit, including any 

parameters tailored to the source, and 

failure to do so shall constitute a 

violation of a permit. Additionally, 

under N.J.A.C. 7:27–8.8(l), if a registrant 

wants to make a change to a source 

registered under a general permit, a new 

general permit registration is required 

unless the modifications would fall 

under the same permit conditions. 

When a general permit is issued, or an 

existing one is amended, the NJDEP, 

under N.J.A.C. 7:27–8.8(m), will draft or 

amend a registration form and general 

permit, as well as publish a notice in the 

New Jersey Register to make the 

documents available for public review 

and comment. Moreover, in accordance 

with N.J.A.C. 7:27–8.8(m), the NJDEP 

will also be required to incorporate any 

changes deemed appropriate into the 

final general permit. The NJDEP will 

announce the final general permit and 

add to the list of sources in N.J.A.C. 

7:27–8.8(c) through a notice of 

administrative change published in the 

New Jersey Register (N.J.A.C. 7:27– 

8.8(m)). If the NJDEP modifies an 

existing permit, it will notify each 

person who has registered under the 

general permit, and the registrant will 

be required to comply with the 

applicable requirements of N.J.A.C. 

7:27–8.8(n)(1) and (2). 

The EPA finds the provisions under 

N.J.A.C. 7:27–8.8 to be appropriate for 

ensuring that general permits are 

adequately regulated by the NJDEP. The 

EPA is therefore proposing to approve 

N.J.A.C. 7:27–8.8, as it was submitted to 

the EPA by the NJDEP on February 24, 

2014. 

Subchapter 8.9, ‘‘Environmental 

Improvement Pilot Tests’’ 

N.J.A.C. 7:27–8.9, ‘‘Environmental 

improvement pilot tests,’’ provides the 

requirements concerning applications 

for preconstruction permits and 

certificates for environmental 

improvement pilot tests for air pollution 

control equipment or other 

environmental clean-up equipment. 

Applicants are required to include the 

specific information listed at N.J.A.C. 

7:27–8.9(c) and satisfy the fee for such 

a test set forth under N.J.A.C. 7:27–8.6 

when applying for such tests (N.J.A.C 

7:27–8.9(f)). In addition, under N.J.A.C. 

7:27–8.9(b), applicants must ensure that 

all equipment for an environmental 

improvement pilot test complies with 

applicable requirements under 

subchapter 8 and that the activities will 

not cause impacts outside the property 

boundary. Upon completion of such a 

test, equipment involved must cease 

operating or return to operating under 

conditions of an existing permit, if there 

are any. 

The NJDEP has 30 days to take final 

action after receipt of a complete 

application under N.J.A.C. 7:27–8.9(d), 

and the NJDEP’s approval of a permit 

and certificate for an environmental 

improvement pilot test shall not last any 

longer than a 90-day term, unless the 

permittee files a new application and 

the NJDEP grants an extension, however 

the NJDEP will only grant an extension 

if the proposed activities meet the 

definition of an environmental 

improvement pilot test at N.J.A.C. 7:27– 

8.1 (N.J.A.C. 7:27–8.9(e)). Records 

pertaining to product run time, emission 

testing performed, and other data 

relevant to the emission of air 

contaminants must be retained by the 

holder of an environmental 

improvement pilot test for a minimum 

of five years and included in future 

applications (N.J.A.C. 7:27–8.9(g)). 

Finally, under N.J.A.C. 7:27–8.9(h), once 

the environmental improvement pilot 

test is complete, the equipment 

involved must stop operating or return 

to operating under the condition of any 

existing permit. Moreover, the approval 

of an environmental improvement test 

does not constitute the NJDEP’s 

acceptance of the equipment or a 

process for future production purposes 

(N.J.A.C. 7:27–8.9(h)). 

The EPA finds these provisions under 

N.J.A.C. 7:27–8.9 to be appropriate for 

ensuring that environmental 

improvement pilot tests are conducted 

in an appropriate manner. The EPA is 

therefore proposing to approve N.J.A.C. 

7:27–8.9, as it was submitted to the EPA 

by the NJDEP on February 24, 2014. 

Subchapter 8.10, ‘‘Public Comment’’ 

Under N.J.A.C. 7:27–8.10, ‘‘Public 

comment,’’ the public comment 

requirements for applications subject to 

the provisions of subchapter 8 are 

specified. Specifically, the NJDEP is 

obligated to seek public comment prior 

to making any final decision on 

applications for which comment is 

required by State or Federal statutes, 

including those listed under N.J.A.C. 

7:27–8.10(a)(1) through (3). 

Pursuant to N.J.A.C. 7:27–8.10(b), the 

Commissioner of the NJDEP may seek 

comments from the public if the 

Commissioner finds a significant degree 

of public interest in the application, if 

public comments might clarify issues in 

the application, or if it is relevant to the 


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10Under the provisions of N.J.A.C. 7:27–8.10 and 

N.J.A.C. 7:27–22.11, the NJDEP seeks comments 

from the public on draft permits during the 

associated public comment period on its web page. 

See https://dep.nj.gov/boss/public-notices/. The 

NJDEP also makes all documents available for 

public review at the NJDEP’s offices located at 401 

East State Street, Trenton, New Jersey, and permit 

documents are available for review at the Regional 

Enforcement Offices. The NJDEP also provides the 

public with the opportunity to review older public 

notice postings by selecting the ‘‘Public Notice 

Archive’’ option at the top of the ‘‘Public Notice’’ 

web page. 

11See https://njems.nj.gov/DataMiner/Search/ 

SearchByCategory. 

12The NJDEP’s ‘‘What’s in My Community’’ is a 

mapping tool that helps the public find what 

sources of air pollution is in and around their 

community. Upon opening the tool, a map 

displaying every facility with an air permit 

(including both major and minor sources) registered 

with the Division of Air Quality at the NJDEP is 

provided. The public can also view what the closest 

air monitors are reading by clicking on them and 

generating a report for Ozone, PM2.5, CO, NO2 and 

SO2. 

The tool can be accessed at https://

njdep.maps.arcgis.com/apps/webappviewer/ 

index.html?id=76194937cbbe46

b1ab9a9ec37c7d709b. 

factors, including but not limited to, 

those listed at N.J.A.C. 7:27–8.10(b)(1) 

through (4). In accordance with N.J.A.C. 

7:27–8.10(c), NJDEP is also required to 

notify those who submitted a written 

request for public comment of the 

decision, including its rationale if a 

request is denied. 

To clarify, while there is no 

opportunity for the public to request a 

public hearing for minor sources 

covered under N.J.A.C. 7:27–8.10 

(unless the NJDEP Commissioner 

determines there is significant public 

interest), the NJDEP does post every 

draft permit it receives under the 

NJDEP’s ‘‘Public Notices’’ web page 

during the associated public comment 

period, providing transparency and 

thereby affording review and 

comment.10 Beyond posting draft 

permits for public comment on its 

website, the NJDEP enhances 

transparency through tools like its 

DataMiner tool,11 which allows the 

public to easily find a variety of reports 

that will provide them with up- to-theminute results from many different 

environmental records. The EPA also 

considers the NJDEP’s ‘‘What’s in My 

Community’’ web page to be a helpful 

tool for engaging local communities. 

The web page is an online ArcGIS 

mapping tool that provides 

communities with access to facility 

permits, emissions data, and 

enforcement information 12 to enable the 

public to submit meaningful and 

informed comments during the public 

comment period on minor sources. 

The EPA also notes that, in 

accordance with New Jersey’s 

Environmental Justice (EJ) Law (N.J.S.A. 

13:1D–157 et seq.), signed by Governor 

Phil Murphy in September 2020, when 

permit applicants propose to construct, 

renew, or operate a facility located 

wholly or in part in an overburdened 

community, permit applicants must: (1) 

prepare an environmental justice impact 

statement (EJIS) assessing the potential 

environmental and public health 

stressors associated with the proposed 

new, expanded, or major facility; (2) 

transmit the environmental impact 

statement at least 60 days in advance of 

the public hearing required pursuant to 

paragraph 3; and (3) organize and 

conduct a public hearing within the 

overburdened community. Regarding 

the public hearing, the permit 

applicants shall publish a notice no less 

than 60 days prior to the hearing, which 

will include: the date, time and location 

of the hearing, a description of the 

proposed new, expanded, or existing 

major source facility, a summary of the 

EJIS and information on how to review 

it, and an address for the submittal of 

written comments. After the public 

hearing, the permit applicants shall 

transcribe the public hearing and, no 

later than 10 days after the public 

hearing, shall submit the transcript 

along with any written comments to the 

NJDEP. 

The EPA finds the provisions under 

N.J.A.C. 7:27–8.10, as well as resources 

the NJDEP has made available via its 

web page and the requirements for 

facilities under New Jersey’s EJ Law, to 

be appropriate for ensuring that the 

public is offered an adequate 

opportunity to provide comments on 

permits and certificates that the NJDEP 

issues under subchapter 8. The EPA is 

therefore proposing to approve N.J.A.C. 

7:27–8.10, as it was submitted to the 

EPA by the NJDEP on February 24, 

2014. 

Subchapter 8.11, ‘‘Standards for Issuing 

a Permit’’ 

Under N.J.A.C. 7:27–8.11, ‘‘Standards 

for issuing a permit,’’ applicants are 

required to document compliance with 

relevant State and Federal air pollution 

control regulations to obtain approval 

for a permit and certificate, a permit 

revision, or a compliance plan change. 

Specifically, under N.J.A.C. 7:27– 

8.11(a)(1), each significant source 

included on an application must 

document that it meets the Reasonable 

Available Control Technology (RACT) 

requirements under N.J.A.C. 7:27–16 or 

19, New Source Performance Standards 

(NSPS) requirements, PSD requirements 

under 40 CFR 52.21, and all other 

applicable State or Federal air pollution 

control standards and regulations. 

Additionally, per N.J.A.C. 7:27– 

8.11(a)(2), each significant source is 

required to document that it 

incorporates advances in the art of air 

pollution control (i.e., ‘‘state of the art’’ 

or ‘‘SOTA’’) for the kind and amount of 

air contaminant emitted if the source 

meets the criteria at N.J.A.C. 7:27– 

8.12(a) and the applicant proposes to 

modify the source. 

The EPA finds these provisions under 

N.J.A.C. 7:27–8.11 to be sufficient for 

guaranteeing that the approval of a 

permit and certificate, a permit revision, 

or a compliance plan change protects air 

quality within the State. The EPA is 

therefore proposing to approve N.J.A.C. 

7:27–8.11, as it was submitted to the 

EPA by the NJDEP on February 24, 

2014. 

Subchapter 8.12, ‘‘State of the Art’’ 

N.J.A.C. 7:27–8.12, ‘‘State of the art,’’ 

requires an application that proposes 

construction, installation, 

reconstruction, or modification of 

equipment and control apparatus for a 

significant source meeting the criteria of 

N.J.A.C. 7:27–8.12(a)(1) and (2), to 

document SOTA for the source. As the 

EPA states under the analysis of N.J.A.C. 

7:27–8.11 within this propose 

rulemaking, SOTA is the level of 

emissions control that a significant 

source must meet. 

In particular, under N.J.A.C. 7:27– 

8.12(a), that all significant sources that 

have the potential to emit (PTE) at least 

5.0 tons per year of total volatile organic 

compounds (VOC), total suspended 

particles (TSP), particulate matter under 

10 microns (PM10), particulate matter 

under 2.5 microns (PM2.5), nitrogen 

oxides (NOX), carbon monoxide (CO), or 

sulfur dioxide (SO2), as detailed within 

the SOTA Threshold in Appendix 1, 

Tables A, are required to document 

compliance with SOTA. Per N.J.A.C. 

7:27–8.12(d), and in accordance with 

the definition of ‘‘potential to emit’’ 

under N.J.A.C. 7:27–8.1, PTE will be 

calculated separately for each piece of 

equipment, including any fugitive 

emissions after considering emission 

controls. 

As set forth at N.J.A.C. 7:27–8.12(b), if 

an equipment or control apparatus is 

subject to the SOTA criteria of N.J.A.C. 

7:27–8.12(a), documentation of SOTA 

for the air contaminant(s) that meet the 

criteria will only be required. In 

addition, under N.J.A.C. 7:27–8.12(c), 

documentation of SOTA for equipment 

and control apparatus that has, for every 

air contaminant, a PTE less than the 

levels indicated in N.J.A.C. 7:27–8.12(a) 

will not be required. 

N.J.A.C. 7:27–8.12(e) allows sources 

to document their compliance with 


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SOTA if they are complying with 

Lowest Achievable Emission Rate 

(LAER), Best Available Control 

Technology (BACT), MACT, or NSPS; or 

through compliance with the available 

SOTA technical manuals that the NJDEP 

has developed. 

Current SOTA technical manuals are 

listed on the NJDEP website for several 

source categories and a permit applicant 

must document compliance with a 

SOTA Manual (available from the 

NJDEP at the address in N.J.A.C. 7:27– 

8.4(b)) that applies to the source. If 

neither of the previously listed options 

for determining SOTA are applicable, 

then the NJDEP, based on a 

demonstration by the applicant, would 

perform a ‘‘top down’’ SOTA 

demonstration as is detailed under 

N.J.A.C. 7:27–8.12(f)(1) through (3). 

The EPA finds the procedures for 

determining SOTA for criteria air 

pollutants N.J.A.C. 7:27–8.12 to be 

acceptable; therefore, the EPA is 

proposing to approve these procedures 

for determining SOTA for criteria 

pollutants. With respect to the SOTA 

technical manuals referred to in N.J.A.C. 

7:27–8.12, as a method for documenting 

SOTA, it is the EPA’s understanding 

that each of the SOTA technical 

manuals cited within subchapter 8 are 

likely to change and be updated over 

time, and the language is not contained 

in the regulation itself; therefore, the 

EPA is not proposing to approve the 

individual manuals referred to within 

N.J.A.C. 7:27–8.12 and is instead 

proposing to approve the process of 

using the manuals set forth in N.J.A.C. 

7:27–8.12. 

Subchapter 8.13, ‘‘Conditions of 

Approval’’ 

Under N.J.A.C. 7:27–8.13, 

‘‘Conditions of approval,’’ the NJDEP 

has the authority to establish conditions 

of approval for any preconstruction 

permit or certificate application. Under 

N.J.A.C. 7:27–8.13(b)(1) through (3), the 

NJDEP may revise approval conditions 

at various points, such as during permit 

or certificate renewal, or at any time 

while the certificate is in effect. 

A permittee will be required to submit 

information relevant to the operation of 

equipment and control apparatus to the 

NJDEP, including but not limited to 

information listed at N.J.A.C. 7:27– 

8.13(c)(1) through (3). As a condition of 

approval, the NJDEP can also include a 

compliance plan that includes 

monitoring, recordkeeping, and 

reporting requirements in accordance 

with N.J.A.C. 7:27–8.13(d)(1) through (4) 

and establish a schedule of periodic 

compliance inspections to which the 

equipment or control apparatus is 

subject in accordance with N.J.A.C. 

7:27–8.13(e). In addition, under N.J.A.C. 

7:27–8.13(f), the NJDEP may include a 

condition allowing it to convert a 

certificate to a temporary operating 

certificate upon written notice to the 

permittee. 

The NJDEP may also impose financial 

conditions on an applicant, such as 

requiring reimbursement for compliance 

monitoring costs listed under N.J.A.C. 

7:27–8.13(g). All information in an 

approved application, including rates of 

emission, hours of operation, and rate of 

production (as listed under N.J.A.C. 

7:27–8.13(h)(1) through (3)), and any 

condition of approval thereof, is subject 

to enforcement. Moreover, upon the 

NJDEP’s request, a permittee can be 

required to provide testing facilities 

exclusive of instrumentation and 

sensing devices, as may be necessary to 

determine the kind and amount of air 

contaminants emitted from equipment 

or a control apparatus, and in 

accordance with the testing 

requirements listed under N.J.A.C. 7:27– 

8.13(i). 

The EPA finds the provisions under 

N.J.A.C. 7:27–8.13 to be sufficient for 

ensuring that the NJDEP appropriately 

approves applications for permits and 

certificates in a manner that ensures the 

protection of human health and the 

environment. The EPA is therefore 

proposing to approve N.J.A.C. 7:27– 

8.13, as it was submitted to the EPA by 

the NJDEP on February 24, 2014. 

Subchapter 8.14, ‘‘Denials’’ 

Under N.J.A.C. 7:27–8.14, ‘‘Denials,’’ 

the NJDEP has the authority to deny a 

permit and certificate application. 

In particular, under N.J.A.C. 7:27– 

8.14(a), the NJDEP shall deny an 

application if anything in an application 

has the potential to violate any 

provision within N.J.A.C. 7:27, an 

applicable NSPS, an applicable 

NESHAP (including a MACT standard), 

a Federal stack height or emission 

dispersion requirement as stated in 40 

CFR part 51, administrative order, or a 

State/Federal requirement. In addition, 

under N.J.A.C. 7:27–8.14(a), the NJDEP 

shall deny an application if it would 

result in the exceedance of a State or 

Federal ambient air quality standard, an 

applicable PSD increment as defined in 

40 CFR part 52, or other criteria 

established by the NJDEP to protect 

human health and the environment. 

Furthermore, N.J.A.C. 7:27–8.14(b), 

states that the NJDEP must deny an 

application for a preconstruction permit 

that fails to meet the requirements of 

N.J.A.C. 7:27–8.11, ‘‘Standards for 

issuing permits’’; or if the applicant fails 

to provide all information requested by 

the NJDEP within 30 days of its request 

(or longer if approved by the NJDEP), as 

provided under N.J.A.C. 7:27–8.14(c). 

Finally, in accordance with N.J.A.C. 

7:27–8.14(d), the NJDEP may deny an 

application for a certificate, or renewal 

thereof, if the applicant has failed to pay 

the associates fees for such application 

or failed to reimburse the NJDEP for any 

of the charges incurred under the 

scenarios in N.J.A.C 7:27–814(d)(2)(i) 

and (ii). 

The EPA finds the provisions under 

N.J.A.C. 7:27–8.14 to be sufficient for 

ensuring that the NJDEP appropriately 

denies applications for permits and 

certificates, or renewals of such, 

consistent in a manner that ensures the 

protection of air quality in the State. 

The EPA is therefore proposing to 

approve N.J.A.C. 7:27–8.14, as it was 

submitted to the EPA by the NJDEP on 

February 24, 2014. 

Subchapter 8.15, ‘‘Reporting 

Requirements’’ 

Under N.J.A.C. 7:27–8.15, ‘‘Reporting 

requirements,’’ the NJDEP has the 

authority to request that any person 

holding a preconstruction permit or 

certificate submit any record relevant to 

a permit or certificate within 30 days of 

its request (or longer if approved by the 

NJDEP). In accordance with N.J.A.C. 

7:27–8.15(b) and (c), permittees must 

submit, along with the appropriate 

certifications in compliance with 

N.J.A.C. 7:27–1.39, any required report 

in a format and on a schedule at the 

discretion of the NJDEP. 

The EPA considers these reporting 

provisions necessary for effective 

regulatory enforcement and proposes to 

approve N.J.A.C. 7:27–8.15, as it was 

submitted to the EPA by the NJDEP on 

February 24, 2014. 

Subchapter 8.16, ‘‘Revocation’’ 

Under N.J.A.C. 7:27–8.16, 

‘‘Revocation,’’ the conditions under 

which the NJDEP can revoke a permit or 

certificate are listed. Specific conditions 

under N.J.A.C. 7:27–8.16(a), include 

unauthorized operational changes, noncompliance with permit terms, refusal 

of inspection access, and non-payment 

of penalties or fees. 

If a permittee does not begin activities 

authorized by the permit/permit 

revision, or discontinues the activities 

authorized by the permit/permit 

revision within one year from the date 

of a preconstruction permit/permit 

revision, the NJDEP has authority to 

withdraw its approval or a 

preconstruction permit/permit revision 

(N.J.A.C. 7:27–8.16(b)(1) and (2)). In 

addition, the NJDEP can revoke its 

approval of an application if it 


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determines the approval contravenes a 

Federal or State regulation (N.J.A.C. 

7:27–8.16(c)). Under N.J.A.C. 7:27– 

8.16(d), any notice of revocation must 

be issued by the NJDEP in writing. 

The EPA finds the provisions under 

N.J.A.C. 7:27–8.16, which provide the 

NJDEP with authority to retire a permit 

or certificate and withdraw an 

application under certain 

circumstances, to be appropriate. The 

EPA is therefore proposing to approve 

N.J.A.C. 7:27–8.16 as it was submitted to 

the EPA by the NJDEP on February 24, 

2014. 

Subchapter 8.17, ‘‘Changes to Existing 

Permits and Certificates’’ 

Under N.J.A.C. 7:27–8.17, ‘‘Changes to 

existing permits and certificates,’’ the 

conditions for which a change to an 

existing permit or certificate may occur 

are listed. 

With N.J.A.C. 7:27–8.16(a), some 

changes may require prior approval 

from the NJDEP, while others may only 

require a notification to the NJDEP. 

N.J.A.C. 7:27–8.17(b) establishes a 

hierarchy for review, mandating that the 

most comprehensive review standards 

apply depending on the permit change, 

which include permit revisions, 

compliance plan changes, seven-daynotices, and amendments. N.J.A.C. 

7:27–8.17(c) refers permittees on which 

applications to file for each type of 

change, and the applicable fees under 

N.J.A.C. 7:27–8.6(b). Per N.J.A.C. 7:27– 

8.17(e), none of the changes listed under 

N.J.A.C. 7:27–8.17(b)(1) through (4) can 

change the date of the preconstruction 

permit’s operating certificate. 

The EPA finds these provisions 

authorizing the NJDEP to revoke a 

permit or certificate acceptable for 

ensure permittees follow appropriate 

procedures to ensure compliance with 

the provisions of subchapter 8. The EPA 

therefore proposes to approve N.J.A.C. 

7:27–8.17 as it was submitted to the 

EPA by the NJDEP on February 24, 

2014. 

Subchapter 8.18, ‘‘Permit Revisions’’ 

Under N.J.A.C. 7:27–8.18, ‘‘Permit 

revisions,’’ the circumstances in which 

prior approval by the NJDEP is required 

for a permit revision are provided. 

The circumstances that will require 

prior NJDEP approval include the seven 

conditions listed at N.J.A.C. 7:27– 

8.18(a)(1) through (7). Actions include: 

(1) A request for an increase in the 

maximum allowable emission limit 

(including for corrections and/or 

miscalculations); (2) an action that will 

cause an increase of emissions or the 

emission of a new air contaminant not 

specified in the permit and certificate; 

(3) use of a new raw material not 

specified in the permit if it could result 

in exceedance of the maximum 

allowable emission limit or emission of 

a new air contaminant that meets or 

exceeds applicable reporting thresholds 

of N.J.A.C. 7:27–8 Appendix 1, Table A; 

(4) a reconstruction as described in 

N.J.A.C. 7:27–8.23, unless the 

reconstructed source has the potential to 

emit the air contaminants at an 

acceptable threshold level in accordance 

with N.J.A.C. 7:27–8 Appendix 1, Table 

A; (5) changes that would cause the 

ground level concentration of an air 

contaminant to increase in the portion 

of the atmosphere surrounding the 

facility and which the public may be 

impacted by; (6) the replacement of an 

entire permitted source with a 

replacement source, except as allowed 

by N.J.A.C. 7:27–8.21, that will take the 

place of the replaced source in the 

manufacturing process, and the replaced 

source will be permanently shutdown; 

and (7) the construction or installation 

of a new significant source that could be 

combined with an existing permitted 

source, as allowed under N.J.A.C. 7:27– 

8.4(h). Lastly, as set forth at N.J.A.C. 

7:27–8.18(b), to obtain approval of a 

permit revision, an applicant must meet 

the requirements of N.J.A.C. 7:27–8.11, 

‘‘Standards for issuing permits’’. 

The EPA finds the circumstances for 

which a revision to a permit will be 

required to obtain prior approval from 

the NJDEP, to be acceptable. The EPA 

therefore proposes to approve N.J.A.C. 

7:27–8.18 as it was submitted to the 

EPA by the NJDEP on February 24, 

2014, and supplemented on August 23, 

2018. 

Subchapter 8.19, ‘‘Compliance Plan 

Changes’’ 

Under N.J.A.C. 7:27–8.19, 

‘‘Compliance plan changes,’’ the 

circumstances are provided for which 

prior NJDEP approval is required for a 

compliance plan change. In accordance 

with N.J.A.C. 7:27–8.19(b), such 

compliance plan changes are not to 

proceed until the NJDEP issues written 

approval of a change, except for 

emission decreases that are not reflected 

in a change to a source’s potential to 

emit made under N.J.A.C. 7:27–8.19(a)4. 

The circumstances for which approval 

of a compliance plan change is required 

are listed at N.J.A.C. 7:27–8.19(a)(1) 

through (4). The circumstances include: 

(1) A decrease in the frequency of 

testing, monitoring, recordkeeping, or 

reporting below the frequency specified 

in a permit and certificate; (2) a change 

to the monitoring method; (3) a change 

to a level, rate, or limit of an operational 

parameter; and (4) a reduction in a 

source’s potential to emit, as provided 

by a decrease in the maximum 

allowable hours of operation and/or the 

maximum allowable production rate. 

The EPA would like to clarify that a 

permittee may reduce a source’s 

potential to emit without contacting the 

NJDEP, but this reduction will not take 

effect and be federally enforceable until 

after the NJDEP approves the 

compliance plan change. 

The EPA finds the circumstances 

under which a compliance plan change 

requires prior approval from the NJDEP 

to be acceptable. The EPA therefore 

proposes to approve N.J.A.C. 7:27–8.19 

as it was submitted to the EPA by the 

NJDEP on February 24, 2014. 

Subchapter 8.20, ‘‘Seven-Day-Notice 

Changes’’ 

Under N.J.A.C. 7:27–8.20, ‘‘Sevenday-notice changes,’’ permittees are 

provided with the ability to proceed 

with a change seven days after a sevenday-notice change is submitted to the 

NJDEP. Notably, under N.J.A.C. 7:27– 

8.20(a), a permittee acting under the 

authority of a seven-day-notice change 

does so at their own risk, and that the 

permittee may be subject to penalties for 

noncompliance should the NJDEP 

determine that an action was incorrectly 

processed as a seven-day-notice. 

A permittee is allowed to proceed 

with a change at a facility after 

submitting a seven-day-notice, so long 

as the change meets the requirements 

set forth at N.J.A.C. 7:27–8.20(b). The 

first requirement, under N.J.A.C. 7:27– 

8.20(b)(1)(i), is that the action is a 

physical or operational change that is 

outside the scope of activities allowed 

by the permit. The second requirement, 

N.J.A.C. 7:27–8.20(b)(1)(ii), provides 

that the action must have ‘‘the potential 

to result in an increase in actual 

emissions but will not increase 

emissions over the allowable limits in 

the permit and certificate.’’ The third 

requirement, N.J.A.C. 7:27– 

8.20(b)(1)(iii), will allow the use of a 

seven-day-notice so long as the action 

would not alter stack parameters or 

characteristics that could cause ground 

level concentration of air contaminant 

to increase in the ambient air 

surrounding the facility. The NJDEP 

then reviews the seven-day-notice to 

determine whether all three 

requirements are met or if a permit 

revision is instead required (N.J.A.C. 

7:27–8.20(e)). This provision, and the 

initial acknowledgement of receipt from 

the NJDEP, indicates that the seven-daynotice does not relieve the owner or 

operator from liability for penalties for 

unauthorized activities (N.J.A.C. 7:27– 

8.20(f)). 


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The EPA finds the conditions for 

which a permittee can submit a sevenday-notice for a change at a facility to 

be acceptable for preserving air quality. 

The EPA therefore proposes to approve 

N.J.A.C. 7:27–8.20 as it was submitted to 

the EPA by the NJDEP on February 24, 

2014, and on August 23, 2018. 

Subchapter 8.21, ‘‘Amendments’’ 

Under N.J.A.C. 7:27–8.21, 

‘‘Amendments,’’ a permittee is allowed 

to proceed with a change to a permitted 

source, its permit, certificate, or to a 

registration, if a permittee submits a 

notice of amendment within 120 days of 

the change. Nonetheless, a permittee is 

required to maintain a copy of each 

amendment with the permit and 

certificate at the facility in accordance 

with N.J.A.C. 7:27–8.21(c). 

In accordance with N.J.A.C. 7:27– 

8.21(b)(1) through (8), the following 

changes are required to be submitted to 

the NJDEP by the permittee, in the form 

of a notice of amendment: (1) A change 

in the permit and certificate information 

which allows the NJDEP to identify and 

contact the permittee; (2) a transfer of 

ownership or operational control for the 

source of a facility; (3) a change to the 

name, number, or designation for any 

given source in the permit or certificate; 

(4) changes to a permitted source’s stack 

or chimney or use therefore as listed 

under N.J.A.C. 7:27–8.21(b)(4)i through 

iv, if the change complies with the EPA 

stack height regulations at 40 CFR part 

51; (5) the use of a new raw material in 

a permitted source that is not specified 

within the permit; (6) replacement of an 

entire permitted source with a source 

that performs the same function and has 

the potential to emit an air contaminant 

in an amount less than the applicable 

SOTA threshold level listed in N.J.A.C. 

7:27–8 Appendix 1, Table A; (7) a 

typographical correction that would 

result in an increase in the actual or 

allowable emissions; and (8) a 

reconstruction, as described in N.J.A.C. 

7:27–8.23, that would result in the 

potential to emit of air contaminants 

listed in N.J.A.C. 7:27–8 Appendix 1, 

Table A in amounts less than the 

applicable SOTA threshold level. 

Additional details regarding specific 

conditions and/or circumstances which 

will require a permittee and/or 

registrant to meet under the particular 

circumstances listed at N.J.A.C. 7:27– 

8.21(b), are provided within N.J.A.C. 

7:27–8.21(d) through (f). 

The EPA finds the circumstances 

under which permittees are allowed to 

submit a notice of amendment within 

120 days of the change to be acceptable. 

The EPA therefore proposes to approve 

N.J.A.C. 7:27–8.21 as it was submitted to 

the EPA by the NJDEP on February 24, 

2014. 

Subchapter 8.22, ‘‘Changes to Sources 

Permitted Under Batch Plant, Pilot 

Plant, Dual Plant, or Laboratory 

Operations Permitting Procedures’’ 

N.J.A.C. 7:27–8.22, ‘‘Changes to 

sources permitted under batch plant, 

pilot plant, dual plant, or laboratory 

operations permitting procedures,’’ 

provides details on how permittees can 

make a change to an issued permit using 

the NJDEP’s Batch Production Plant 

Permit Procedure, Pilot Plant Permit 

Procedure, Dual Plant Permit Procedure, 

and Laboratory Operations Permit 

Procedure. 

Per N.J.A.C. 7:27–8.22(a), permittees, 

seeking to make a change using the 

Batch Production Plant Permit 

Procedure, are referred to the 

procedures in technical manual 1301 

which covers certain batch plant 

permits and is available in the address 

listed in N.J.A.C. 7:27–8.4(b). Permittees 

are referred to the procedures in 

technical manual 1302 which cover 

changes to a permit using the Pilot Plant 

Permit Procedure (N.J.A.C. 7:27–8.23(b)) 

and the Dual Plant Permit Procedure 

under (N.J.A.C. 7:27–8.22(c)). Per 

N.J.A.C. 7:27–8.23(d), permittees are 

referred to technical manual 1211, 

available at the address listed in 

N.J.A.C. 7:27–8.4(b), to make a change to 

a permit using the Laboratory 

Operations Permit Procedure. However, 

as provided under N.J.A.C. 7:27–8.22(e), 

if the technical manuals 1301, 1302, and 

1211 do not provide a procedure for 

making the change a permittee desires, 

the change should be processed through 

the applicable provisions of N.J.A.C. 

7:27–8.17 through 8.21. 

The EPA finds the procedures for 

which permittees seeking to make a 

change to a permit issued using either 

the NJDEP’s batch plant, pilot plant, 

dual plant, or laboratory operations 

permitting procedures, to be acceptable. 

While the EPA is not approving the 

technical manuals themselves because 

the specific language of the manuals is 

not included in N.J.A.C. 7:27–8.22 and 

can be changed, the EPA approves the 

process set forth in this subsection. The 

EPA therefore proposes to approve 

N.J.A.C. 7:27–8.22 as it was submitted to 

the EPA by the NJDEP on February 24, 

2014. 

Subchapter 8.23, ‘‘Reconstruction’’ 

Under N.J.A.C. 7:27–8.23, 

‘‘Reconstruction,’’ the provisions related 

to the replacement of parts on a 

significant source or control apparatus 

are listed. Reconstruction is described 

as the replacement of the part(s) on a 

significant source included in a process 

unit, or replacement of the part(s) on a 

control apparatus, so long as the fixed 

capital cost of replacing the part(s) 

exceeds both amounts listed under 

N.J.A.C. 7:27–8.23(a)(1) and (2). 

When evaluating whether the cost 

associated with the replacement of 

part(s) amounts to being qualified as a 

reconstruction, N.J.A.C. 7:27–8.23(b) 

provides that the process unit and the 

control apparatus are to be considered 

separately. Under N.J.A.C. 7:27–8.23(c), 

that the replacement of an entire 

significant source or control apparatus 

is not a reconstruction and is instead 

considered to be a construction as 

defined at N.J.A.C. 7:27–8.1. Per 

N.J.A.C. 7:27–8.23(d), reconstruction of 

a permitted source shall be submitted to 

the NJDEP and reviewed under the 

procedures for a permit revision at 

N.J.A.C. 7:27–8.18, and if a replacement 

of part(s) is considered to not be a 

reconstruction, it may still be subject to 

the requirements of N.J.A.C. 7:27–8.18 

through 8.23 if it meets the criteria 

under those subsections. In accordance 

with N.J.A.C. 7:27–8.23(e), if a source is 

not covered by a permit or certificate, 

and a reconstruction is planned, the 

owner or operator of the source is 

required to obtain a permit and 

certificate pursuant to N.J.A.C. 7:27– 

8.3(a). 

The EPA finds the conditions which 

constitute the replacement of parts on a 

significant source or control apparatus 

as a reconstruction, to be acceptable. 

The EPA therefore proposes to approve 

N.J.A.C. 7:27–8.23 as it was submitted to 

the EPA by the NJDEP on February 24, 

2014. 

Subchapter 8.24, ‘‘Special Provisions for 

Construction But Not Operation’’ 

Under N.J.A.C. 7:27–8.24, ‘‘Special 

provisions for construction but not 

operation,’’ an applicant will be allowed 

to undertake certain activities, in 

particular, construction, reconstruction, 

installing, and/or putting in place a 

source while the NJDEP reviews an 

application under certain 

circumstances, as is provided in N.J.S.A. 

26:2C–9.2(j). 

There are five circumstances under 

which an applicant can alter a source 

accordingly and they are listed under 

N.J.A.C. 7:27–8.24(a)1 through 5. These 

include if: (1) The applicant has 

submitted a complete application to the 

NJDEP proposing an activity of the 

source; (2) the applicant undertakes an 

activity at the source on footing or a 

foundation and does not test or operate 

it; (3) the activity is carried out as 

proposed in the application; (4) the 

activity is not prohibited by any Federal 


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requirement; and (5) all other 

requirements of this section are met. 

Per N.J.A.C. 7:27–8.24(b), applicants 

will be required to notify the NJDEP 

seven days prior to beginning the 

activities listed under N.J.A.C. 7:27– 

8.24(a)(1) through (5), and in accordance 

with the procedure for a seven-daynotice change at N.J.A.C. 7:27–8.20, 

including the associated seven-daynotice fee. N.J.A.C. 7:27–8.24 does not 

limit the NJDEP’s authority to establish 

construction, installation, maintenance, 

operating standards, or from reviewing 

any application, as provided in N.J.A.C. 

7:27–8.24(c). Regarding fiscal 

expenditures, costs incurred by an 

applicant in connection with actions 

taken under this subsection may not be 

used as grounds for an appeal to the 

NJDEP’s decision on an application and 

an applicant shall be subject to penalties 

if an action taken under this subsection 

causes emissions of any air contaminant 

in a manner that is inconsistent with 

applicable law under N.J.A.C. 7:27– 

8.24(d) and (e), respectively. 

The EPA finds the guidance allowing 

for an applicant to construct, 

reconstruct, install, and/or put in place 

a source while the NJDEP reviews an 

application under certain circumstances 

to be acceptable. The EPA therefore 

proposes to approve N.J.A.C. 7:27–8.24 

as it was submitted to the EPA by the 

NJDEP on February 24, 2014. 

Subchapter 8.25, ‘‘Special Provisions for 

Pollution Control Equipment or 

Pollution Prevention Process 

Modifications’’ 

Under N.J.A.C. 7:27–8.25(a), ‘‘Special 

provisions for pollution control 

equipment or pollution prevention 

process modifications,’’ the 

circumstances and associated 

conditions are provided for the period 

in which an application is pending, that 

a private entity, as defined at N.J.A.C. 

7:27–8.1, can proceed with: (1) 

Construction, installation, 

reconstruction, or operation of control 

apparatus serving an existing source; or 

(2) implementation of a pollution 

prevention process modification, as 

defined at N.J.A.C. 7:27–8.1, involving 

one or more existing sources, as 

provided by N.J.S.A. 26:2C–9.3 and 9.4. 

Notwithstanding the circumstances 

referenced in N.J.A.C. 7:27–8.25(a), 

applicants are not authorized to conduct 

any activities listed in N.J.A.C. 7:27– 

8.25(b)(1) through (4), including 

activities that are prohibited by the 

CAA, will result in increased emissions, 

will result in the emission of an air 

contaminant not previously emitted, 

and will result in air contaminant 

emissions not authorized by a permit or 

certificate. Moreover, to act under the 

authority of this section, per N.J.A.C. 

7:27–8.25(c), an applicant will be 

required to have submitted a complete 

application covering activities listed 

under N.J.A.C. 7:27–8.25(b) and have 

notified the NJDEP seven days prior to 

beginning activities listed under 

N.J.A.C. 7:27–8.25(b). 

Notably, under N.J.A.C. 7:27–8.25(d), 

an applicant acting under the authority 

of this section assumes all risks, since 

the applicant may be subject to 

penalties for noncompliance should the 

applicant commence proposed activities 

and the NJDEP does not approve the 

proposed action. Costs incurred by an 

applicant in connection with actions 

taken under this subsection will not be 

used as grounds for an appeal of the 

NJDEP’s decision for an application 

under N.J.A.C. 7:27–8.25(f). Per, N.J.A.C. 

7:27–8.25(e) clarifies that N.J.A.C. 7:27– 

8.25 does not limit the NJDEP in 

establishing standards or reviewing any 

application. As detailed under N.J.A.C. 

7:27–8.25(g), if the NJDEP determines 

the actions taken at risk by the applicant 

are inconsistent with applicable law, the 

applicant and the NJDEP are to enter 

into an agreement that provides a date 

by which the applicant will comply 

with the law. If the applicant and the 

NJDEP fail to enter into an agreement, 

the NJDEP may issue a schedule with a 

compliance date. If an applicant fails to 

comply with the NJDEP’s schedule, the 

applicant will be subject to penalties if 

the applicant’s actions have resulted in 

the emission-related consequences 

listed in N.J.A.C. 7:27–8.25(h)(1–3). 

The EPA finds the circumstances and 

conditions which private entities have 

permission to proceed with: (1) 

Construction, installation, 

reconstruction, or operation of control 

apparatus serving an existing source; 

and (2) implementation of a pollution 

prevention process modification, to be 

sufficient for ensuring compliance with 

the subchapter. The EPA therefore 

proposes to approve N.J.A.C. 7:27–8.25 

as it was submitted to the EPA by the 

NJDEP on February 24, 2014. 

Subchapter 8.26, ‘‘Civil or Criminal 

Penalties for Failure To Comply’’ 

Under N.J.A.C. 7:27–8.26, ‘‘Civil or 

criminal penalties for failure to 

comply,’’ any person that fails to 

conform with the requirements of 

subchapter 8 is subject to civil penalties 

in accordance with N.J.A.C. 7:27A–3, or 

criminal penalties pursuant to N.J.S.A. 

26:2C–19(f), or both. The EPA finds this 

to be adequate for ensuring compliance 

with the provisions under Subchapter 8 

and is therefore proposing to approve 

N.J.A.C. 7:27–8.26, as it was submitted 

to the EPA on February 24, 2014. 

Subchapter 8.27, ‘‘Special Facility-Wide 

Permit Provisions’’ 

Under N.J.A.C. 7:27–8.27, ‘‘Special 

facility-wide permit provisions,’’ unique 

circumstances are provided in which 

the holder of a facility-wide permit, as 

defined at N.J.A.C. 7:27–8.1, is not 

required to obtain a permit and 

certificate for a planned action or 

change. 

The circumstances in which the 

holder of facility-wide permit is not 

required to obtain a permit and 

certificate for a planned action or 

change are listed at N.J.A.C. 7:27– 

8.27(a)(1) through (3). The 

circumstances include when a 

production process that is affected by 

the action or change is identified in and 

subject to an approved facility-wide 

permit issued under N.J.S.A. 13:1D–35 

et seq. It also includes circumstances 

when the planned action or change is 

adequately documented in a 

modification to a Pollution Prevention 

Plan or in a Pollution Prevention 

Assessment, as defined in N.J.A.C. 

7:1K–5, (N.J.A.C. 7:27–8.27(a)(2)(i) and 

(ii)) and the planned action or change 

does not cause an increase or 

exceedance of certain parameters 

beyond levels listed at N.J.A.C. 7:27– 

8.29(a)(3)(i–iv). Within 120 days of 

commencement of an action or change 

allowed under N.J.A.C. 7:27–8.27(a) a 

permittee will be required to submit an 

amendment to the facility-wide permit 

alongside a copy of the Pollution 

Prevention Plan Modification or 

Pollution Prevention Assessment 

(N.J.A.C. 7:27–8.27(b)). Lastly, per 

N.J.A.C 7:27–8.27(c), if a permittee 

makes a change which does not meet 

the criteria under N.J.A.C. 7:27–8.27(a), 

a new permit will be required, or that 

the change be processed in accordance 

with the procedures for changing an 

existing permit under N.J.A.C. 7:27–8.17 

through 8.22. 

The EPA finds the circumstances 

under which the holder of facility-wide 

permit will not be required to obtain a 

permit and certificate for a planned 

action or change to be acceptable. The 

EPA is therefore proposing to approve 

N.J.A.C. 7:27–8.27, as it was submitted 

to the EPA by the NJDEP on February 

24, 2014. 

Subchapter 8.28, ‘‘Delay of Testing’’ 

N.J.A.C. 7:27–8.28, ‘‘Delay of testing,’’ 

lists the circumstances and conditions 

under which a permittee can seek the 

NJDEP’s approval to delay tests required 

under N.J.A.C. 7:27–8.4(f), 8.7(f), and 

8.13(d). 


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13Mapping application used to find facilities with 

an air permit registered with New Jersey’s Division 

of Air Quality, https://njdep.maps.arcgis.com/apps/ 

webappviewer/index.html?id=76194937cbbe46

b1ab9a9ec37c7d709b. 

Permittees seeking to delay testing 

must submit a request for the NJDEP’s 

approval at the contact information/ 

addresses provided in N.J.A.C. 7:27– 

8.28(a)(1). Any request to delay testing 

must include, at minimum, information 

listed under N.J.A.C. 7:27–8.28(a)(2)(i– 

iii), which includes a justification why 

the delay is needed and a proposed test 

date. The NJDEP must approve each 

initial delay request of up to 90 days, 

and any subsequent request for a delay 

in testing, if one or more specific criteria 

under N.J.A.C. 7:27–8.28(a)(3)(i–iv) are 

met. Finally, as provided under N.J.A.C. 

7:27–8.28(b), a permittee may include a 

waiver of its right to assert that its 

emissions during the period of delay 

were any different than the emissions 

measured by the test when performed. 

The EPA finds these circumstances 

and conditions for delaying a test 

required under N.J.A.C. 7:27–8.4(f), 

8.7(f), and 8.13(d) to be adequate for 

ensuring compliance with the 

provisions under Subchapter 8. The 

EPA is therefore proposing to approve 

N.J.A.C. 7:27–8.28, as it was submitted 

to the EPA by the NJDEP on February 

24, 2014. 

III. Environmental Justice 

Considerations 

New Jersey supplemented this SIP 

revision on May 16, 2023 and December 

3, 2024. The supplemental submissions 

briefed the EPA on Environmental 

Justice (EJ) considerations within New 

Jersey by detailing the State’s programs 

and initiatives addressing the needs of 

communities with EJ concerns that have 

been ongoing since 1998. To clarify, 

although New Jersey included 

environmental justice considerations as 

part of its SIP submittal, the CAA and 

applicable implementing regulations 

neither prohibit nor require such an 

evaluation. 

In its supplement, New Jersey 

discusses addressing the needs of 

communities starting with the creation 

of the Environmental Equity Task Force 

in 1998, which eventually became the 

Environmental Justice Advisory Council 

(EJAC). New Jersey states that this group 

holds regular meetings that include EJ 

advocates and the NJDEP to discuss and 

address environmental justice issues of 

concern. 

New Jersey also details having 

implemented numerous initiatives, 

collaborations, Administrative Orders 

and Executive Orders to address the 

needs and concerns of overburdened 

communities. A timeline of New 

Jersey’s EJ actions implemented, 

including both prior to and after the two 

SIP submittals addressed within this 

notice, was provided and is indicative 

of the State’s continued attention to EJ 

issues within the State. 

Administrative Orders (AO) and 

Executive Orders (E.O.) include New 

Jersey’s first EJ E.O. issued by Governor 

James E. McGreevey in 2004 (E.O. No. 

96), an EJ E.O. issued by Governor Jon 

Corzine in 2009 (E.O. No. 131), an EJ 

AO issued by NJDEP Commissioner Bob 

Martin in 2016 (AO 2016–08) and an EJ 

E.O. issued by Governor Phil Murphy in 

2018 (E.O. No. 23). The supplement also 

mentions that U.S. Senator for New 

Jersey, Cory Booker, introduced the first 

Federal EJ bill in 2017 (S.1996— 

Environmental Justice Act of 2017). 

In addition, New Jersey references the 

creation of the ‘‘What’s In My 

Community’’ 13 tool that identifies the 

overburdened communities, schools, 

and emergency services and where 

public users can see measurements from 

air monitors 

The EPA would like to clarify that 

since New Jersey’s provisions being 

proposed for approval by the EPA with 

this notice address statewide matters, 

and since EJ issues are more accurately 

captured when evaluating relatively 

smaller areas or on a community level 

basis, the EPA determined it would not 

have been appropriate to evaluate the 

impact of proposed revisions to New 

Jersey’s SIP on communities with EJ 

concerns at a statewide level. As 

previously stated, the CAA and 

applicable implementing regulations 

neither prohibit nor require such an 

evaluation of EJ. In addition, there is no 

information in the record indicating that 

this action is inconsistent with the 

stated goal of E.O. 12898 and E.O. 

14096, and/or that this action is 

expected to have disproportionately 

high or adverse human health or 

environmental effects on a particular 

group of people. 

Based on the EPA’s review of New 

Jersey’s supplement, the EPA expects 

that this proposed action will generally 

be neutral or contribute to reduced 

environmental and health impacts on all 

populations within New Jersey, 

including on communities with EJ 

concerns. At a minimum, this action is 

not expected to worsen any air quality 

and it is expected that this action will 

ensure the State is meeting requirements 

to attain and/or maintain air quality 

standards. New Jersey evaluated its EJ 

considerations as part of its SIP 

submittal even though the CAA and 

applicable implementing regulations 

neither prohibit nor require an 

evaluation, and the EPA’s discussion of 

New Jersey’s EJ considerations was done 

for the purpose of providing additional 

context and information about this 

rulemaking to the public, not as a basis 

of the action. The EPA is taking action 

under the CAA on bases independent of 

the State’s evaluation of EJ. 

IV. The EPA’s Proposed Action 

The EPA proposes to approve New 

Jersey’s revisions to N.J.A.C. 7:27–8, 

‘‘Permits and Certificates for Minor 

Facilities (and Major Facilities without 

an Operating Permit),’’ which will 

incorporate regulations under N.J.A.C. 

7:27 8.2 through 8.28 into the State’ SIP, 

that had a State effective of September 

19, 2011, and January 16, 2018. The 

EPA is soliciting public comments on 

provisions proposed for adoption into 

New Jersey’s SIP and as discussed 

within this notice. These comments will 

be considered before the EPA takes final 

action. 

V. Incorporation by Reference 

In this document, the EPA is 

proposing to include regulatory text that 

includes incorporation by reference. In 

accordance with requirements of 1 CFR 

51.5, the EPA is proposing to 

incorporate by reference revisions to 

N.J.A.C. 7:27–8, ‘‘Permits and 

Certificates for Minor Facilities (and 

Major Facilities without an Operating 

Permit),’’ section 8.2, ‘‘Applicability’’ 

(except for N.J.A.C. 7:27–8.2(d)(3)(ii)(2) 

and N.J.A.C. 7:27–8.2(e)(2)(ii)); section 

8.3, ‘‘General provisions’’ (except for 

N.J.A.C. 7:27–8.3(j) and (n)); section 8.4, 

‘‘How to apply, register, submit a notice, 

or renew’’ (except for N.J.A.C. 7:27– 

8.4(k)(2) and (q)); section 8.5, ‘‘Air 

quality impact analysis;’’ section 8.6, 

‘‘Service fees;’’ section 8.7, ‘‘Operating 

certificates;’’ section 8.8, ‘‘General 

permits;’’ section 8.9, ‘‘Environmental 

improvement pilot tests;’’ section 8.10, 

‘‘Public comment;’’ section 8.11, 

‘‘Standards for issuing a permit;’’ 

section 8.12, ‘‘State of the art;’’ section 

8.13, ‘‘Conditions of approval;’’ section 

8.14, ‘‘Denials;’’ section 8.15, 

‘‘Reporting requirements;’’ section 8.16, 

‘‘Revocation;’’ section 8.17, ‘‘Changes to 

existing permits and certificates;’’ 

section 8.18, ‘‘Permit revisions;’’ section 

8.19, ‘‘Compliance plan changes;’’ 

section 8.20, ‘‘Seven-day-notice 

changes;’’ section 8.21, ‘‘Amendments;’’ 

section 8.22, ‘‘Changes to sources 

permitted under batch plant, pilot plant, 

dual plant, or laboratory operations 

permitting procedures;’’ section 8.23, 

‘‘Reconstruction;’’ section 8.24, ‘‘Special 

provisions for construction but not 

operation;’’ section 8.25, ‘‘Special 

provisions for pollution control 


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102046 Federal Register / Vol. 89, No. 242 / Tuesday, December 17, 2024 / Proposed Rules 

equipment or pollution prevention 

process modifications;’’ section 8.26, 

‘‘Civil or criminal penalties for failure to 

comply;’’ section 8.27, ‘‘Special facilitywide permit provisions;’’ and section 

8.28, ‘‘Delay of testing;’’ as described in 

section II of this preamble. The EPA has 

made, and will continue to make, these 

materials generally available through 

www.regulations.gov and at the EPA 

Region 2 Office (please contact the 

person identified in the FOR FURTHER

INFORMATION CONTACT section of this 

preamble for more information). 

VI. Statutory and Executive Order 

Reviews 

Under the CAA, the Administrator is 

required to approve a SIP submission 

that complies with the provisions of the 

CAA and applicable Federal regulations. 

42 U.S.C. 7410(k); 40 CFR 52.02(a). 

Thus, in reviewing SIP submissions, the 

EPA’s role is to approve state choices, 

provided that they meet the criteria of 

the CAA. Accordingly, this action 

merely proposes to approve State law as 

meeting Federal requirements and does 

not impose additional requirements 

beyond those imposed by State law. For 

that reason, this proposed action: 

• Is not a ‘‘significant regulatory 

action’’ subject to review by the Office 

of Management and Budget under 

Executive Orders 12866 (58 FR 51735, 

October 4, 1993) and 14094 (88 FR 

21879, April 11, 2023); 

• Does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• Is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.); 

• Does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• Does not have federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Is not subject to Executive Order 

13045 (62 FR 19885, April 23, 1997) 

because it approves a state program; 

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); and 

• Is not subject to requirements of 

section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the Clean Air Act. 

In addition, this proposed SIP will not 

apply on any Indian reservation land or 

in any other area where EPA or an 

Indian Tribe has demonstrated that a 

Tribe has jurisdiction. In those areas of 

Indian country, the rules do not have 

Tribal implications and will not impose 

substantial direct costs on Tribal 

governments or preempt Tribal law as 

specified by Executive Order 13175 (65 

FR 67249, November 9, 2000). 

Executive Order 12898 (Federal 

Actions to Address Environmental 

Justice in Minority Populations and 

Low-Income Populations, 59 FR 7629, 

Feb. 16, 1994) directs Federal agencies 

to identify and address 

‘‘disproportionately high and adverse 

human health or environmental effects’’ 

of their actions on communities with EJ 

concerns to the greatest extent 

practicable and permitted by law. 

Executive Order 14096 (Revitalizing Our 

Nation’s Commitment to Environmental 

Justice for All, 88 FR 25251, April 26, 

2023) builds on and supplements E.O. 

12898 and defines EJ as, among other 

things, the just treatment and 

meaningful involvement of all people, 

regardless of income, race, color, 

national origin, or Tribal affiliation, or 

disability in agency decision-making 

and other Federal activities that affect 

human health and the environment. 

The NJDEP considered EJ as part of its 

SIP submittal given that the CAA and 

applicable implementing regulations 

neither prohibit nor require an 

evaluation. The EPA’s review of the 

NJDEP’s EJ considerations is described 

above in the section titled, 

‘‘Environmental Justice 

Considerations.’’ The consideration was 

done for the purpose of providing 

additional context and information 

about this rulemaking to the public, not 

as a basis of the action. The EPA is 

taking action under the CAA on bases 

independent of the consideration of EJ. 

Due to the nature of the action being 

taken here, this action is expected to 

have a neutral to positive impact on the 

air quality of the affected area. In 

addition, there is no information in the 

record upon which this decision is 

based that is inconsistent with the 

stated goal of E.O. 12898/14096 of 

achieving EJ for communities with EJ 

concerns. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Ammonia, 

Incorporation by reference, 

Intergovernmental relations, Nitrogen 

oxides, Particulate matter, Reporting 

and recordkeeping requirements, Sulfur 

dioxide, Volatile organic compounds. 

Authority: 42 U.S.C. 7401 et seq. 

Lisa Garcia, 

Regional Administrator, Region 2. 

[FR Doc. 2024–29525 Filed 12–16–24; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 721 

[EPA–HQ–OPPT–2024–0079; FRL–12386– 

01–OCSPP] 

RIN 2070–AB27 

Significant New Use Rules on Certain 

Chemical Substances (24–3.5e) 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing significant 

new use rules (SNURs) under the Toxic 

Substances Control Act (TSCA) for 

certain chemical substances that were 

the subject of premanufacture notices 

(PMNs) and are also subject to an Order 

issued by EPA pursuant to TSCA. The 

SNURs require persons who intend to 

manufacture (defined by statute to 

include import) or process any of these 

chemical substances for an activity that 

is proposed as a significant new use by 

this rulemaking to notify EPA at least 90 

days before commencing that activity. 

The required notification initiates EPA’s 

evaluation of the conditions of that use 

for that chemical substance. In addition, 

the manufacture or processing for the 

significant new use may not commence 

until EPA has conducted a review of the 

required notification, made an 

appropriate determination regarding 

that notification, and taken such actions 

as required by that determination. 

DATES: Comments must be received on 

or before January 16, 2025. 

ADDRESSES: Submit your comments, 

identified by docket identification (ID) 

number EPA–HQ–OPPT–2024–0079, at 

https://www.regulations.gov. Follow the 

online instructions for submitting 

comments. Do not submit electronically 

any information you consider to be 

Confidential Business Information (CBI) 

or other information whose disclosure is 

restricted by statute. Additional 

instructions on commenting and visiting 

the docket, along with more information 

about dockets generally, is available at 

https://www.epa.gov/dockets. 

FOR FURTHER INFORMATION CONTACT: 

For technical information: Jordan 

Garbin, New Chemicals Division 

(7405M), Office of Pollution Prevention 

and Toxics, Environmental Protection 


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