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[Federal Register Volume 89, Number 242 (Tuesday, December 17, 2024)]
[Proposed Rules]
[Pages 102034-102046]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-29525]

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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.

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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.

[[Page 102035]]

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 
[email protected].

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, Sec. Sec.  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 SIP-
approved 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.
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    \1\ See 62 FR 42412.
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    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),

[[Page 102036]]

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.
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    \2\ See 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.
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    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 facility-wide 
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.
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    \3\ See 51 FR 42565.
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    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

[[Page 102037]]

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).
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    \4\ Id.
    \5\ See 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.
    \6\ 80 FR 33981-33982.
    \7\ 80 FR 47029.
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    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

[[Page 102038]]

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\
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    \8\ These technical guidance documents are available on the 
NJDEP's website at https://www.nj.gov/dep/aqpp/techman.html.
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    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.
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    \9\ See 59 FR 17933.
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    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,

[[Page 102039]]

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

[[Page 102040]]

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-the-minute 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.
---------------------------------------------------------------------------

    \10\ Under 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.
    \11\ See https://njems.nj.gov/DataMiner/Search/SearchByCategory.
    \12\ The 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=76194937cbbe46b1ab9a9ec37c7d709b.
---------------------------------------------------------------------------

    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

[[Page 102041]]

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, non-compliance 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

[[Page 102042]]

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-day-notices, 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, ``Seven-day-notice changes,'' permittees 
are provided with the ability to proceed with a change seven days after 
a seven-day-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-
day-notice does not relieve the owner or operator from liability for 
penalties for unauthorized activities (N.J.A.C. 7:27-8.20(f)).

[[Page 102043]]

    The EPA finds the conditions for which a permittee can submit a 
seven-day-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

[[Page 102044]]

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-day-notice change at N.J.A.C. 7:27-8.20, 
including the associated seven-day-notice 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).

[[Page 102045]]

    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
---------------------------------------------------------------------------

    \13\ Mapping 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=76194937cbbe46b1ab9a9ec37c7d709b.
---------------------------------------------------------------------------

    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

[[Page 102046]]

equipment or pollution prevention process modifications;'' section 
8.26, ``Civil or criminal penalties for failure to comply;'' section 
8.27, ``Special facility-wide 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
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