New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27 - AIR POLLUTION CONTROL › Subchapter 19 - CONTROL AND PROHIBITION OF AIR POLLUTION FROM OXIDES OF NITROGEN › Section 7:27-19.23 - Phased compliance-use of innovative control technology

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The owner or operator of a combustion source included in a phased compliance plan is authorized to comply with the plan if the Department approves the plan pursuant to this section and 7:27-19.14. The owner or operator's compliance with the plan is in lieu of causing the combustion source to comply with the emission limit under 7:27-19.4, 19.5, 19.7, 19.8, 19.9 or 19.10 that would otherwise apply to the combustion source.
(b) By June 22, 1995 (or by February 7, 2006 for any facility, equipment or source operation that is subject to a NO[x] emissions limit under this subchapter as set forth at 7:27-19.5(d), 19.7(h), or 19.8(e)), an owner or operator seeking approval of an innovative control technology plan shall submit to the Department an application pursuant to 7:27-19.14 and the plan itself pursuant to (c) below. If an owner or operator fails to submit the application by the applicable date, the Department may reject the application. The Department may elect to process a late application, based on how late the application is, the nature and extent of the owner or operator's efforts to submit the application on time, whether the owner or operator advised the Department before the application due date that a late application would be submitted, and the extent of the emission reductions promised in the late application. If the Department elects to process a late application, the pendency of the application shall not be a defense to a violation of a NO[x] emission limit to which the source would be subject in the absence of an approved plan.
(c) The owner or operator shall include the following information in the innovative control technology plan with respect to each combustion source included in the plan:
1. Information sufficient to identify the combustion source, including a brief description (for example, "dry-bottom coal-fired boiler serving an electric generating unit"), its location, its permit number, the company stack designation, and any other identifying numbers, and any other information necessary to distinguish it from other equipment owned or operated by the owner or operator;
2. A description of the NO[x] control measures that the owner or operator proposes to employ as innovative control technology;
3. The rate of NO[x] emissions that the owner or operator expects that the source will attain in employing the proposed innovative control technology, and the basis for that expectation;
4. Information establishing that the proposed innovative control technology is technically sound and sufficiently developed to be implemented by May 1, 1999 (or by November 7, 2009 for any facility, equipment or source operation that is subject to a NO[x] emissions limit under this subchapter as set forth at 7:27-19.5(d), 19.7(h), or 19.8(e));
5. A proposed schedule setting dates by which the owner or operator will complete the following milestones for the combustion source:
i. Submitting applications for all necessary permits and certificates;
ii. Obtaining all necessary permits and certificates;
iii. Awarding contracts for the implementation of the innovative control technology, or placing orders for the purchase of any component parts, equipment and/or control apparatus associated with the innovative control technology;
iv. Awarding contracts and initiating implementation of the innovative control technology (including any construction and/or installation, if applicable); and
v. Completing the implementation of the innovative control technology.
6. Specific procedures and schedules for implementing interim measures for control of NO[x] emissions for the combustion source during the interim period;
7. A list of all NO[x] control technologies available for interim use with the combustion source during the interim period;
8. An analysis of the technological feasibility of installing and operating each NO[x] emission control technology identified in (c)7 above for the interim period;
9. For each control technology that is technologically feasible to install and operate, an estimate of the cost of installation and operation;
10. An estimate of the reduction in NO[x] emissions attainable through the use of each control technology which is technologically feasible to install and operate. If a control technology installed before the innovative control technology is implemented cannot be used after that time, the owner or operator may limit the estimate of emission reductions to those that will be attained during the interim period;
11. An analysis of the cost-effectiveness of each control technology, based on the costs of installation and operation under (c)9 above and the estimated emission reductions under (c)10 above;
12. The NO[x] control measures that the owner or operator proposes to employ during the interim period;
13. The proposed interim NO[x] emission limit with which the source will comply during the interim period;
14. The method to be used to measure the actual NO[x] emission rate of the combustion source;
15. The name and business telephone number of the person responsible for recordkeeping and reporting under 7:27-19.19 and under (e)8 below; and
16. Any other information that the Department requests, which is reasonably necessary to enable it to determine whether the operation of combustion sources included in the plan will comply with the requirements of this section.