reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27 - AIR POLLUTION CONTROL › Subchapter 2 - CONTROL AND PROHIBITION OF OPEN BURNING › Section 7:27-2.12 - Special permit

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department may issue a special permit to any person, regardless of the provisions of any other section of this subchapter, for the open burning of any substance or material upon a finding of merit in an affidavit filed with the Bureau of Enforcement Services that such substance or material represents an imminent hazard to the public health, welfare, or safety.
(b) The permit may be conditioned upon any requirements which the Bureau of Enforcement Services deems to be necessary and is revocable at the discretion of the Department.
(c) The permit will be issued for a single event and no open burning shall commence until a permit is issued and current.
(d) The affidavit shall set forth the following and any other information requested by the Department.
1. The name, address, and telephone number of the person submitting the affidavit;
2. The name of the owner and authorized representative in charge of the premises where the substance or material is to be burned;
3. The proposed operating practice including the nature, type, and quantity of substance or material to be burned;
4. The date(s) on which the open burning is to take place and the time(s) of day;
5. The exact location(s) at which the open burning is to take place; and
6. Reasons why the substance or material cannot be disposed of by any method other than by open burning.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27 - AIR POLLUTION CONTROL › Subchapter 2 - CONTROL AND PROHIBITION OF OPEN BURNING › Section 7:27-2.13 - Fees

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Applications for permits for open burning pursuant to the provisions of this subchapter shall be accompanied by a service fee in accordance with the following schedule and no permit will be issued until the service fee is received.
Section of Subchapter
Term of Permit
Service Fee
2.5
Infested plant life
30 days or less
$ 10.00
2.6
Prescribed burning
Specified on permit
No Fee
2.7
Emergencies
7 days or less
10.00
2.8
Dangerous materials
7 days or less
10.00
to 60 days
25.00
to 6 months
50.00
2.9
Herbaceous plant life
7 days or less
10.00
and hedgerows
to 90 days
25.00
to 1 year
50.00
2.10
Orchard prunings
7 days or less
10.00
and cullings
to 90 days
25.00
to 1 year
50.00
2.11
Land clearing
90 days or less
25.00
Minimum plus $ 1 per
acre to $ 50.00
maximum
(b) Service fees shall be submitted in the form of a check or postal money order made payable to the order of the Treasurer, State of New Jersey. Fees paid pursuant to 7:27-2.5, 2.9, 2.10, and 2.11 shall be submitted to the Bureau of Forest Fire Management, Division of Parks and Forestry. Fees paid pursuant to 7:27-2.7 and 2.8 shall be submitted respectively to the Bureau of Enforcement Services and the Bureau of New Source Review, Division of Environmental Quality.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27 - AIR POLLUTION CONTROL › Subchapter 3 - CONTROL AND PROHIBITION OF SMOKE FROM COMBUSTION OF FUEL › Section 7:27-3.2 - Smoke emissions from stationary indirect heat exchangers

Current through Register Vol. 56, No. 14, July 15, 2024
(a) No person shall cause, suffer, allow or permit visible smoke to be emitted into the outdoor air from the combustion of fuel in any stationary indirect heat exchanger except as provided in (b) below.
(b) No person shall cause, suffer, allow or permit smoke the shade or appearance of which is darker than number 1 on the Ringelmann smoke chart or greater than 20 percent opacity, exclusive of visible condensed water vapor, to be emitted into the outdoor air from the combustion of fuel in any stationary indirect heat exchanger having a rated hourly capacity of 200 million BTU or greater gross heat input and discharging through a stack or chimney having all internal cross-sectional dimensions of 60 inches or greater.
(c) The provisions of (a) and (b) above shall not apply to smoke which is visible for a period of not longer than three minutes in any consecutive 30-minute period.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27 - AIR POLLUTION CONTROL › Subchapter 3 - CONTROL AND PROHIBITION OF SMOKE FROM COMBUSTION OF FUEL › Section 7:27-3.3 - Smoke emissions from marine installations

Current through Register Vol. 56, No. 14, July 15, 2024
(a) No person shall cause, suffer, allow or permit smoke the shade or appearance of which is darker than number 1 on the Ringelmann smoke chart or greater than 20 percent opacity, exclusive of visible condensed water vapor, to be emitted into the outdoor air from the combustion of fuel in the indirect heat exchanger of any marine installation.
(b) The provisions of (a) above shall not apply to smoke which is visible for a period of not longer than three minutes in any consecutive 30-minute period.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27 - AIR POLLUTION CONTROL › Subchapter 3 - CONTROL AND PROHIBITION OF SMOKE FROM COMBUSTION OF FUEL › Section 7:27-3.4 - Smoke emissions from the combustion of fuel in mobile sources

Current through Register Vol. 56, No. 14, July 15, 2024
No person shall cause, suffer, allow or permit smoke the shade or appearance of which is darker than number 2 on the Ringelmann smoke chart or greater than 40 percent opacity, exclusive of visible condensed water vapor, to be emitted into the outdoor air from the combustion of fuel in any mobile source for a period of more than 10 consecutive seconds.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27 - AIR POLLUTION CONTROL › Subchapter 3 - CONTROL AND PROHIBITION OF SMOKE FROM COMBUSTION OF FUEL › Section 7:27-3.5 - Smoke emissions from stationary internal combustion engines and stationary turbine engines

Current through Register Vol. 56, No. 14, July 15, 2024
No person shall cause, suffer, allow or permit smoke the shade or appearance of which is darker than number 1 on the Ringelmann smoke chart or greater than 20 percent opacity, exclusive of visible condensed water vapor, to be emitted into the outdoor air from the combustion of fuel in any stationary internal combustion engine or any stationary turbine engine for a period of more than 10 consecutive seconds.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27 - AIR POLLUTION CONTROL › Subchapter 3 - CONTROL AND PROHIBITION OF SMOKE FROM COMBUSTION OF FUEL › Section 7:27-3.6 - Stack test

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any person responsible for the construction, installation, alteration or use of an indirect heat exchanger shall, when requested by the department, provide the facilities and necessary equipment for determining the density or opacity of smoke being discharged into the open air and shall conduct such smoke tests using methods approved by the department.
(b) All smoke test data shall be recorded in a permanent log at such time intervals as specified by the department.
(c) The data shall be maintained for a period of not less than one year and shall be available for review by the department.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27 - AIR POLLUTION CONTROL › Subchapter 3 - CONTROL AND PROHIBITION OF SMOKE FROM COMBUSTION OF FUEL › Section 7:27-3.7 - Exceptions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The provisions of this subchapter shall not apply to the following:
1. A direct heat exchanger;
2. A manufacturing process;
3. A motor vehicle while operating upon a public highway; or
4. An emergency diesel generator that is located at a facility that generates electricity from nuclear power and that is subject to regulation by the Nuclear Regulatory Commission. However, this exception from the applicability of this subchapter shall apply only as follows:
i. During a test mandated by the Nuclear Regulatory Commission; or
ii. During a period when off-site supply of electricity is not available due to causes outside the control of the owner or operator of the facility and operation of the generator is needed for the protection of public health or welfare.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27 - AIR POLLUTION CONTROL › Subchapter 4 - CONTROL AND PROHIBITION OF PARTICLES FROM COMBUSTION OF FUEL › Section 7:27-4.2 - Standards for the emission of particles

Current through Register Vol. 56, No. 14, July 15, 2024
(a) On and after May 19, 2009, this subsection shall not apply to any coal-fired boiler that is regulated by (b) below. On and after December 15, 2012, this subsection shall not apply to any coal-fired boiler that is regulated by (c) below. No person shall cause, suffer, allow or permit particles arising from the combustion of fuel to be emitted from any stack or chimney into the outdoor air in excess of the maximum allowable emission rate set forth in the following table. For a heat input rate between any two consecutive rates shown, the maximum allowable emission rate shall be determined by interpolation:
Heat Input Rate (Millions of British Thermal Units per Hour)
MAXIMUM ALLOWABLE EMISSION RATE (POUNDS PER HOUR)
1
00.6
10
06
20
08
30
09
40
10
50
11
60
12
70
13
80
14
90
14.5
100
15
120
16.5
140
17.5
160
18.5
180
19.3
200
20
400
40
600
60
800
80
1,000
100
2,000
200
3,000
300
4,000
400
5,000
500
6,000
600
7,000
700
8,000
800
10,000
1,000
Note: Heat input rate shall be the sum of the heat input rates of all fuel burning equipment discharging through a single stack or chimney.
(b) The owner or operator of any coal-fired boiler, with a particle control apparatus that is constructed, installed or reconstructed and commences operation on or after May 19, 2009, unless otherwise specified in an enforceable agreement with the Department, shall cause it to emit particles at a rate no greater than 0.0150 pounds per MMBTU and shall demonstrate compliance in accordance with the source's approved permit. The owner or operator shall demonstrate compliance based on the average of three stack tests that have been approved by the Department. Such a coal-fired boiler or particle control apparatus is also subject to state-of-the-art requirements at 7:27-8.12 and 22.35, lowest achievable emission rate requirements at N.J.A.C. 7:27-18, and best available control technology requirements at 40 CFR 52.21, incorporated herein by reference, as applicable.
(c) The owner or operator of a coal-fired boiler, other than those listed in (b) above, that is in operation prior to May 19, 2009:
1. Shall not emit particles on or after December 15, 2012, unless otherwise specified in an enforceable agreement with the Department, at a rate greater than 0.0300 pounds per MMBTU or the permitted emission rate in effect as of May 19, 2009, whichever is lower; and
2. Shall demonstrate compliance by June 15, 2013, in accordance with the owner or operator's approved permit for the coal-fired boiler. The owner or operator shall demonstrate compliance based on the average of three stack tests that have been approved by the Department.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27 - AIR POLLUTION CONTROL › Subchapter 4 - CONTROL AND PROHIBITION OF PARTICLES FROM COMBUSTION OF FUEL › Section 7:27-4.3 - Performance test principle

Current through Register Vol. 56, No. 14, July 15, 2024
(a) For purposes of measuring emissions in accordance with the provisions of this subchapter, particles shall be drawn by isokinetic procedures from the stack or chimney and the weight of the particles determined gravimetrically after removal of uncombined water.
(b) The measured emission weight shall be the combined weight of all particles collected and analyzed in accordance with the sampling and analytical procedures set forth in 7:27B-1.1 et seq.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27 - AIR POLLUTION CONTROL › Subchapter 4 - CONTROL AND PROHIBITION OF PARTICLES FROM COMBUSTION OF FUEL › Section 7:27-4.4 - Emission tests

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any person responsible for the emission of particles, arising from the combustion of fuel shall, when requested by the department, provide such sampling facilities exclusive of instrumentation and sensing devices as may be necessary for the department to determine the rate at which the particles are or may be discharged from the fuel burning operation.
(b) During such testing by the department, the fuel burning operation shall be operated under normal, routine operating conditions or under such other conditions within the capacity of the equipment as may be requested by the department.
(c) The facilities may be either permanent or temporary, at the discretion of the person responsible for their provision, and shall conform to all applicable laws and regulations concerning safe construction and safe practice.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27 - AIR POLLUTION CONTROL › Subchapter 4 - CONTROL AND PROHIBITION OF PARTICLES FROM COMBUSTION OF FUEL › Section 7:27-4.6 - Exceptions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The provisions of this subchapter shall not apply:
1. When the heat input rate to the fuel burning equipment is less than 1,000,000 British Thermal Units per hour;
2. To marine installations, vehicles or other movable or portable equipment;
3. To direct heat exchangers.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27 - AIR POLLUTION CONTROL › Subchapter 5 - PROHIBITION OF AIR POLLUTION › Section 7:27-5.1 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
The following words and terms, when used in this subchapter, shall have the following meanings unless the context clearly indicates otherwise.
"Air pollution" means the presence in the outdoor atmosphere of one or more air contaminants in such quantities and duration as are, or tend to be, injurious to human health or welfare, animal or plant life or property, or would unreasonably interfere with the enjoyment of life or property throughout the State and in such territories of the State as shall be affected thereby and excludes all aspects of employer-employee relationship as to health and safety hazards.
"Economic poisons" means those chemicals used as insecticides, rodenticides, fungicides, herbicides, nematocides or defoliants.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27 - AIR POLLUTION CONTROL › Subchapter 5 - PROHIBITION OF AIR POLLUTION › Section 7:27-5.2 - General provisions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Notwithstanding compliance with other subchapters of this chapter, no person shall cause, suffer, allow or permit to be emitted into the outdoor atmosphere substances in quantities which shall result in air pollution as defined herein.
(b) The provisions of subsection (a) of this section shall not apply to the use of economic poisons.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27 - AIR POLLUTION CONTROL › Subchapter 6 - CONTROL AND PROHIBITION OF PARTICLES FROM MANUFACTURING PROCESSES › Section 7:27-6.2 - Standard for the emission of particles

Current through Register Vol. 56, No. 14, July 15, 2024
(a) No person shall cause, suffer, allow or permit particles as measured by the performance test principles set forth in section 3 of this subchapter to be emitted from any source operation, except as provided in subsection (b) of this section, through any stack or chimney into the outdoor air in excess of the maximum allowable emission rate as determined below:
MAXIMUM ALLOWABLE EMISSION RATE FOR PARTICLES
1
2
3
4
Potential
Allowable
Source Gas Emitted
Allowable
Emission Rate
Emission Rate
from Source Operation
Emission Rate
from Source
(lbs. per hr.)
(Standard cu. ft.
(lbs. per hr.)
Operation (lbs.
Based on 99%
per min.)
Based on 0.02
per hr.)
efficiency of
grains per SCF.
Collection.
50 or less
0.5
3,000 or less
0.5
100
1.0
6,000
1.0
1000
10.0
35,000
6.0
2000
20.0
70,000
12.0
3000 or greater
30.0
140,000
24.0
175,000 or greater
30.0
Instructions:
1. From columns 1 and 2 above, determine the allowable emission rate based
upon the potential emission rate of particles from the source operation as
measured by the performance test principles set forth in subsections 3(a)
and 3(b) of this subchapter;
2. From columns 3 and 4 above, determine the allowable emission rate based
upon the source gas emitted from the source operation. Whenever dilution
gas is, for any purpose, added to the source gas from a source operation,
the source gas emitted shall be considered to be the gas discharge rate
prior to such dilution;
3. The greater of the two emission rates as determined from 1 and 2 above
shall be the maximum allowable emission rate. For rates between any two
consecutive values stated in columns 1 and 3, the corresponding allowable
emission rates shall be as determined by interpolation.
(b) The provisions of subsection (a) of this section shall not apply to any glass manufacturing furnace. Such furnace(s) shall be subject to the following:
1. No person shall cause, suffer, allow or permit particles as measured by the performance test principles set forth in section 3(a) and (b) of this subchapter to be emitted from any glass manufacturing furnace through any stack or chimney into the outdoor air in excess of the maximum allowable emission rate, as determined from the equation below:
i.
A
=
5 + (.48 x W);
ii.
A
=
maximum allowable emission rate (lbs. per hr.);
iii.
W
=
process weight per hour (tons per hr.).
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27 - AIR POLLUTION CONTROL › Subchapter 6 - CONTROL AND PROHIBITION OF PARTICLES FROM MANUFACTURING PROCESSES › Section 7:27-6.3 - Performance test principles

Current through Register Vol. 56, No. 14, July 15, 2024
(a) For purposes of measuring emissions in accordance with the provisions of section 2(a) and (b) of this subchapter, particles shall be drawn by isokinetic procedures from the stack or chimney and the weight of the particles determined gravimetrically after removal of uncombined water.
(b) The measured emission weight shall be the combined weight of all particles collected and analyzed in accordance with the sampling and analytical procedures set forth in N.J.A.C. 7:27B-1.
(c) Opacity measurements shall be carried out in accordance with the procedures set forth in N.J.A.C. 7:27B-2.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27 - AIR POLLUTION CONTROL › Subchapter 6 - CONTROL AND PROHIBITION OF PARTICLES FROM MANUFACTURING PROCESSES › Section 7:27-6.4 - Emission tests

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any person responsible for the emission of particles from a source operation shall, when requested by the department, provide the facilities and necessary equipment for determining the opacity of emissions being discharged through a stack or chimney and shall conduct such opacity tests using methods approved by the department. Opacity test data shall be recorded in a permanent log at such time intervals as specified by the department and shall be maintained for a period of not less than one year and shall be available for review by the department.
(b) Any person responsible for the emission of particles from a source operation shall, upon request of the department, provide such sampling facilities and testing facilities exclusive of instrumentation and sensing devices as may be necessary for the department to determine the nature and quantity of particles being emitted from the source operation. During such testing by the department, the source operation shall be operated under normal, routine operating conditions or under such other conditions within the capacity of the source operation as may be requested by the department. The facilities may be either permanent or temporary, at the discretion of the person responsible for their provision, and shall conform to all applicable laws and regulations concerning safe construction and safe practice.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27 - AIR POLLUTION CONTROL › Subchapter 6 - CONTROL AND PROHIBITION OF PARTICLES FROM MANUFACTURING PROCESSES › Section 7:27-6.5 - Variances

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Whenever a person responsible for the emission of particles from a source operation believes that advances in the art of control for the kind and amount of particles emitted has not developed to a degree which would enable the requirements of section 2 of this subchapter to be attained, he may apply to the department for a variance, setting forth his reasons and justifications. The department may issue a variance from section 2(a), (b) and/or (d) of this subchapter and such variance shall be valid for a period not to exceed five years from the date of issuance and may be renewed upon application to the department, setting forth reasons and justifications for its continuation. Variances issued under the provisions of this section shall be conditional on the compliance with any requirements which the department deems to be necessary.
(b) The department may grant a variance from section 2(b) of this subchapter, if the person responsible for the operation of a glass furnace demonstrates, to the satisfaction of the department, that the process weight for the furnace continually consists of greater than 25 per cent by weight cullet. Such variance:
1. Shall not be granted unless the applicant demonstrates compliance with all other requirements of this chapter, including but not limited to compliance with subchapter 13 (Ambient air quality standards) of this chapter, as well as any other requirements the department deems necessary;
2. Shall specify conditions, including but not limited to a maximum allowable emission rate not to exceed the maximum allowable emission rate, as determined from the following table:
CULLET USAGE
MAXIMUM ALLOWABLE EMISSION RATE
(Per cent by weight)
(lbs. per hr.)
25-35%
6 + (.48 x W)
35-45%
7 + (.48 x W)
45% or more
8 + (.48 x W)
W=process weight per hour (tons per hr.)
3. Shall be valid for a period not to exceed two years from the date of issuance and may be renewed upon application to the department, setting forth reasons and justifications for such renewal.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27 - AIR POLLUTION CONTROL › Subchapter 6 - CONTROL AND PROHIBITION OF PARTICLES FROM MANUFACTURING PROCESSES › Section 7:27-6.7 - Exceptions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The provisions of this subchapter shall not apply:
1. To indirect heat exchangers;
2. To incinerators.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27 - AIR POLLUTION CONTROL › Subchapter 7 - SULFUR › Section 7:27-7.1 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
The following words and terms, when used in this subchapter, shall have the following meanings unless the context clearly indicates otherwise.
"Adjusted stack height" means the stack height modified by either a stack height adjustment factor or a stack height adjustment in feet.
"Allowable emission" means the emission in any 60-minute period expressed in pounds, computed as set forth in 7:27-7.2(r).
"Commercial fuel" means solid, liquid or gaseous fuels normally produced, manufactured, used or sold for the purpose of creating useful heat.
"Commissioner" means the State Commissioner of Environmental Protection who is the chief administrative officer of the State Department of Environmental Protection.
"Gases" means formless fluids which, under standard conditions, occupy the space of enclosure and which can be changed to the liquid or solid state only by the combined effect of increased pressure and decreased temperature.
"Hydrogen sulfide" means a colorless gas at standard conditions having a molecular composition of one sulfur atom and two hydrogen atoms.
"Liquid particles" means particles which have volume, but are not of rigid shape and which upon collection tend to coalesce and create uniform homogeneous films upon the surface of the collecting media.
"Source operation" means any process or any identifiable part thereof emitting air contaminants into the outdoor atmosphere through one or more stacks or chimneys. For purposes of this definition identical processes shall be considered as separate source operations.
"Stack exit velocity" means the linear velocity in feet per second at which gases enter the outdoor atmosphere from a stack or chimney.
"Stack height" means the vertical distance measured in feet between the point of discharge from the stack or chimney into the outdoor atmosphere and the elevation of the land thereunder.
"Stack or chimney" means a flue, conduit or opening permitting particulate or gaseous emissions into the open air, or constructed or arranged for such purpose.
"Standard conditions" means 70 degrees Fahrenheit and one atmosphere pressure (14.7 psia or 760 mm Hg).
"Sulfur compounds" means all inorganic or organic chemicals having an atom or atoms of sulfur in their chemical structure.
"Sulfur dioxide (SO[2])" means a colorless gas at standard conditions which has the molecular formula SO[2].
"Sulfuric acid (H[2]SO[4])" means a heavy, corrosive, oily, colorless, dibasic, strong acid having the molecular formula H[2]SO[4].
"Sulfur trioxide (SO[3])" means a compound which has the molecular formula SO[3].
"Vapors" means the gaseous form of substances which, under standard conditions, are in the solid or liquid state and which can be changed to these states by either increasing the pressure or decreasing the temperature.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27 - AIR POLLUTION CONTROL › Subchapter 7 - SULFUR › Section 7:27-7.2 - Control and prohibition of air pollution from sulfur compounds

Current through Register Vol. 56, No. 14, July 15, 2024
(a) No person shall cause, suffer, allow or permit sulfur compounds in the form of gases, vapors or liquid particles to be discharged from any stack or chimney into the outdoor atmosphere except as provided in this Section.
(b) Whenever the discharge from a stack or chimney includes SO[2]:
1. The concentration of SO[2] in the gases being discharged shall not exceed 2,000 ppm by volume at standard conditions except that for a period of two years following the effective date of this Subchapter, the concentration of SO[2] in the gases being discharged shall not exceed 3,000 ppm by volume at standard conditions.
2. The quantity of SO[2] which is discharged through any stack or chimney into the outdoor atmosphere in any 60-minute period shall not exceed the allowable emission as set forth in subsection (r) of this section and at any instant the maximum rate of emission expressed in pounds per hour shall not exceed twice the allowable emission.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27 - AIR POLLUTION CONTROL › Subchapter 7 - SULFUR › Section 7:27-7.3 - Discharge of hydrogen sulfide from a sanitary landfill

Current through Register Vol. 56, No. 14, July 15, 2024
No person shall cause, suffer, allow, or permit hydrogen sulfide to be emitted from a sanitary landfill, legacy landfill, or closed sanitary landfill facility, as defined in the Solid Waste rules at N.J.A.C. 7:26-1.4 and 2A.9(b), in a concentration greater than 30 parts per billion by volume (ppbv) averaged over any 30-minute period at or beyond the property line of the sanitary landfill.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27 - AIR POLLUTION CONTROL › Subchapter 8 - PERMITS AND CERTIFICATES FOR MINOR FACILITIES (AND MAJOR FACILITIES WITHOUT AN OPERATING PERMIT) › Section 7:27-8.2 - Applicability

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This subchapter applies to certain sources of air contaminant emissions. Some of the sources are pieces of equipment; others are source operations or processes. A source that is required to have a permit and certificate under this subchapter is called a "significant source." A source that is not required to have a permit and certificate under this subchapter is called an "insignificant source."
(b) The following requirements apply to a significant source subject to this subchapter at a facility that becomes subject to operating permit requirements under N.J.A.C. 7:27-22:
1. All permits and certificates required by this subchapter must be obtained and maintained until an operating permit, as defined at N.J.A.C. 7:27-8.1 and 22.1, is issued. Upon issuance of an operating permit, the terms and conditions of the preconstruction permit and operating certificates shall be consolidated in the operating permit.
2. If a new source that is subject to operating permit requirements elects under N.J.A.C. 7:27-22.5(g)  to obtain a preconstruction permit and certificate under this subchapter prior to obtaining an operating permit, the source shall continue to comply with the terms and conditions of the preconstruction permit and operating certificate, which shall be consolidated in the operating permit, as defined at N.J.A.C. 7:27-8.1 and 22.1; and
3. In some cases, a portion of an operating permit facility (such as a research and development operation) is not subject to operating permit requirements. In such a case, the owner or operator of the facility shall obtain and maintain a separate preconstruction permit and operating certificate for the portion of the facility that is not subject to an operating permit. The terms and conditions of the preconstruction permit and operating certificate shall remain separate from and shall not be consolidated into the facility's operating permit.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27 - AIR POLLUTION CONTROL › Subchapter 8 - PERMITS AND CERTIFICATES FOR MINOR FACILITIES (AND MAJOR FACILITIES WITHOUT AN OPERATING PERMIT) › Section 7:27-8.4 - How to apply, register, submit a notice, or renew

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This subchapter applies to:
1. Application for a preconstruction permit and operating certificate;
2. Application for a preconstruction permit and operating certificate for an environmental improvement pilot test;
3. Application for a preconstruction permit and operating certificate revision;
4. Application for a compliance plan change;
5. Registration of one or more sources under a general permit;
6. Registration of one of more used oil space heaters;
7. Notice of a seven-day-notice change;
8. Notice of an amendment to a preconstruction permit and operating certificate;
9. Notice of an amendment to a preconstruction permit and operating certificate for an environmental improvement pilot test;
10. Notice of an amendment to a registration;
11. Renewal of an operating certificate; and
12. Renewal of a registration.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27 - AIR POLLUTION CONTROL › Subchapter 8 - PERMITS AND CERTIFICATES FOR MINOR FACILITIES (AND MAJOR FACILITIES WITHOUT AN OPERATING PERMIT) › Section 7:27-8.5 - Air quality impact analysis

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An application shall include an air quality impact analysis, conducted in accordance with this section, if:
1. The application is subject to PSD air quality impact analysis requirements set forth at 40 CFR Part 52 ;
2. The proposed maximum allowable emissions of an air contaminant would result in a significant net emission increase, as calculated in accordance with 7:27-18.7, and:
i. The facility for which the application is submitted is a major facility as defined at 7:27-8.1; or
ii. The emission increase, proposed in the application for any air contaminant, by itself equals or exceeds the major facility threshold level which determines if a facility is a major facility for that air contaminant;
3. A State or Federal rule requires that an air quality impact analysis be performed; or
4. The Department determines that an air quality impact analysis is required for an accurate assessment of the environmental impact of the activities proposed.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27 - AIR POLLUTION CONTROL › Subchapter 8 - PERMITS AND CERTIFICATES FOR MINOR FACILITIES (AND MAJOR FACILITIES WITHOUT AN OPERATING PERMIT) › Section 7:27-8.7 - Operating certificates

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In order to operate a source covered by a preconstruction permit, the source shall also be covered by an operating certificate, which authorizes operation of the source. The preconstruction permit application form also serves as the application form for the operating certificate, and the Department shall issue the preconstruction permit and operating certificate simultaneously, combined in one document.
(b) To obtain an operating certificate or a temporary operating certificate (see (d) below), an applicant shall follow the procedures for applying for a permit and certificate under 7:27-8.4.
(c) An operating certificate (except for a temporary operating certificate issued under (d) below) expires five years after the date the preconstruction permit for the source was issued.
(d) In some cases, the Department needs information obtained while a source is operating, such as stack testing results, in order to issue a final operating certificate. In such a case, the Department shall issue one of the following two types of temporary operating certificates:
1. A 90 day temporary operating certificate, which is valid for 90 days and may be renewed by the Department one or more times; or
2. A continuing temporary operating certificate, which continues in effect until the earliest of the following triggering events:
i. The Department notifies the permittee that the operating certificate has been converted to a 90 day temporary operating certificate;
ii. The Department issues a conventional operating certificate for the source; or
iii. Five years has passed since the issuance of a preconstruction permit for the source.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27 - AIR POLLUTION CONTROL › Subchapter 8 - PERMITS AND CERTIFICATES FOR MINOR FACILITIES (AND MAJOR FACILITIES WITHOUT AN OPERATING PERMIT) › Section 7:27-8.9 - Environmental improvement pilot tests

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A person may seek approval for a preconstruction permit and certificate for an environmental improvement pilot test, as defined at 7:27-8.1, of air pollution control equipment or other environmental clean-up equipment under this section.
(b) An applicant for an environmental improvement pilot test shall ensure that the equipment shall comply with all applicable requirements, and that the activities shall not cause impacts outside the property boundary.
(c) An applicant for an environmental improvement pilot test approval shall submit the application on a form obtained from the Department at the address in 7:27-8.4(b). The application shall meet the requirements of 7:27-8.4, and shall include information regarding the planned sampling, analysis, equipment or processes, potential environmental impacts, the length of time requested for the test, projected emission rates, and any other information necessary for the Department to ensure that the proposed activities fit within the definition of an environmental improvement pilot test at 7:27-8.1.
(d) The Department shall take final action on the application within 30 days of its receipt of a complete application.
(e) The Department shall determine the term of a permit and certificate for an environmental improvement pilot test approval on a case-by-case basis, but in no case shall the approval last longer than 90 days from the start of the actions covered by the environmental improvement pilot test approval. If the permittee wishes to extend the pilot test for 90 or fewer days, the permittee shall submit a new application for a preconstruction permit and operating certificate for an environmental improvement pilot test to the Department. The Department shall approve this application only if the applicant demonstrates that continued testing of the equipment or process is needed, and that the proposed activities remain within the definition of an environmental improvement pilot test at 7:27-8.1.
(f) The fee for an environmental improvement pilot test is set forth at 7:27-8.6.
(g) The holder of an environmental improvement pilot test approval shall keep records of product run time, emission testing performed, and other data relevant to the emission of air contaminants. These records shall be kept for a minimum of five years, and any relevant data obtained must be submitted with any future application covering the source.
(h) Upon completion of the environmental improvement pilot test, the equipment involved shall cease operating, or shall return to operating under the conditions of the existing permit, if any. An environmental improvement pilot test approval does not constitute Departmental acceptance of equipment or a process for future production purposes.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27 - AIR POLLUTION CONTROL › Subchapter 8 - PERMITS AND CERTIFICATES FOR MINOR FACILITIES (AND MAJOR FACILITIES WITHOUT AN OPERATING PERMIT) › Section 7:27-8.10 - Public comment

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department shall seek comments from the general public prior to making any final decision on those applications for which such comment is required by State or Federal statutes. Such applications include, but are not limited to, those applications which:
1. Are subject to the PSD requirements published at 40 CFR 52;
2. Must be submitted to the EPA for approval as revisions to any state implementation plan; or
3. Are subject to emissions offset requirements under N.J.A.C. 7:27-18.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27 - AIR POLLUTION CONTROL › Subchapter 8 - PERMITS AND CERTIFICATES FOR MINOR FACILITIES (AND MAJOR FACILITIES WITHOUT AN OPERATING PERMIT) › Section 7:27-8.11 - Standards for issuing a permit

Current through Register Vol. 56, No. 14, July 15, 2024
(a) To obtain approval of a permit and certificate, a permit revision, or a compliance plan change, an applicant shall document that:
1. Each significant source included on the application meets all of the following standards which apply:
i. RACT requirements under N.J.A.C. 7:27-16 or 19;
ii. NSPS requirements;
iii. PSD requirements under 40 CFR 52.21; and
iv. All other applicable State or Federal air pollution control standards, codes, rules, or regulations; and
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27 - AIR POLLUTION CONTROL › Subchapter 8 - PERMITS AND CERTIFICATES FOR MINOR FACILITIES (AND MAJOR FACILITIES WITHOUT AN OPERATING PERMIT) › Section 7:27-8.12 - State-of-the-art

Current through Register Vol. 56, No. 14, July 15, 2024
(a) If an application proposes construction, installation, reconstruction, or modification of equipment and control apparatus that is a significant source meeting the following criteria, the applicant shall document state-of-the-art (SOTA) for the source:
1. The equipment and control apparatus has a potential to emit any HAP or NJHAP at a rate equal to or greater than the SOTA Threshold at N.J.A.C. 7:27-17.9, Tables 3A and 3B; or
2. The equipment and control apparatus has a potential to emit any other air contaminant or category of air contaminant, except carbon dioxide (CO2 ), at a rate equal to or greater than the SOTA threshold in Appendix 1, Table A, incorporated herein by reference.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27 - AIR POLLUTION CONTROL › Subchapter 8 - PERMITS AND CERTIFICATES FOR MINOR FACILITIES (AND MAJOR FACILITIES WITHOUT AN OPERATING PERMIT) › Section 7:27-8.13 - Conditions of approval

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department may establish conditions of approval of any preconstruction permit or certificate application.
(b) The Department may change the conditions of approval of a certificate:
1. At the time of renewal of a temporary operating certificate;
2. At the time of approval or renewal of a five-year operating certificate; or
3. At any time during the period a certificate is in effect, if the Department determines that such change is necessary to protect human health or welfare or the environment.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27 - AIR POLLUTION CONTROL › Subchapter 8 - PERMITS AND CERTIFICATES FOR MINOR FACILITIES (AND MAJOR FACILITIES WITHOUT AN OPERATING PERMIT) › Section 7:27-8.14 - Denials

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department shall deny an application if anything proposed in the application would result in:
1. A violation of a provision of N.J.A.C. 7:27;
2. An exceedance of a State or Federal ambient air quality standard;
3. An exceedance of an applicable PSD increment as defined in 40 CFR Part 52;
4. A violation of an applicable NSPS;
5. A violation of an applicable NESHAP, including a MACT standard;
6. A violation of a Federal stack height or emission dispersion requirement as stated in 40 CFR Part 51;
7. A contravention of other criteria established by the Department to protect human health and welfare and the environment;
8. A violation of an administrative order;
9. A violation of a State or Federal standard or requirement; or
10. A violation of a provision at N.J.A.C. 7:27F, Control and Prohibition of Carbon Dioxide Emissions.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27 - AIR POLLUTION CONTROL › Subchapter 8 - PERMITS AND CERTIFICATES FOR MINOR FACILITIES (AND MAJOR FACILITIES WITHOUT AN OPERATING PERMIT) › Section 7:27-8.15 - Reporting requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Upon the request of the Department, any person holding a preconstruction permit or certificate shall submit to the Department any record relevant to any permit or certificate. Such record shall be submitted to the Department within 30 days of the request by the Department or within a longer time period if approved in writing by the Department.
(b) A permittee shall submit any required report in a format and on a schedule approved by the Department. Such report shall be transmitted on paper, by hand delivery, on computer disk, or electronically, at the discretion of the Department.
(c) Any person submitting any report, notice or record to the Department shall include, as an integral part of the report, notice or record, certifications complying with 7:27-1.39.
(d) Upon the request of the Department, any person to whom the Department has issued a certificate shall report on forms obtained from the Department the air contaminant actual emissions, and information relevant thereto, of any air contaminant or category of air contaminants emitted by the equipment, control apparatus, or source operation.
(e) A preconstruction permit shall contain all applicable requirements at N.J.A.C. 7:27F, Control and Prohibition of Carbon Dioxide Emissions, including, but not limited to, sufficient monitoring, recordkeeping, and reporting requirements necessary to ensure compliance with all applicable requirements.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27 - AIR POLLUTION CONTROL › Subchapter 8 - PERMITS AND CERTIFICATES FOR MINOR FACILITIES (AND MAJOR FACILITIES WITHOUT AN OPERATING PERMIT) › Section 7:27-8.16 - Revocation

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department may revoke a permit or certificate if the permittee:
1. Uses, or allows to be used, equipment or control apparatus not in compliance with the permit or certificate, or with any applicable Federal, or State law, regulation, or rule;
2. Takes any action which requires a permit revision, compliance plan change, seven-day-notice change, amendment, or change to a batch plant permit under any applicable provision at 7:27-8.17 through 22, without complying with the applicable provision;
3. Fails to allow lawful entry by authorized representatives of the Department, pursuant 7:27-1.31;
4. Fails to pay any penalty assessed pursuant to a final order issued by the Department;
5. Fails to pay any outstanding service fees, charged in accordance with the schedules contained in 7:27-8.6, within 60 days of receipt of a fee invoice or, in the case of a renewal of a certificate, by the date of expiration of the certificate being renewed;
6. Fails to reimburse the Department within 60 days after receipt of an invoice for any of the following charges incurred by the Department:
i. The charges billed by any telephone company for the maintenance of a dedicated telephone line required by the conditions of approval of a preconstruction permit or certificate for the electronic transmission of data; or
ii. The charges billed by any laboratory for performing the analysis of audit samples collected pursuant to monitoring any testing required by the conditions of approval of a preconstruction permit or certificate; or
7. Fails to dispose lawfully of all aqueous and solid wastes generated as a result of the operation of the equipment or control apparatus.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27 - AIR POLLUTION CONTROL › Subchapter 8 - PERMITS AND CERTIFICATES FOR MINOR FACILITIES (AND MAJOR FACILITIES WITHOUT AN OPERATING PERMIT) › Section 7:27-8.17 - Changes to existing permits and certificates

Current through Register Vol. 56, No. 14, July 15, 2024
(a) There are several ways to change a permit and certificate once it is issued. They are described in 7:27-8.18 through 8.23. Some require prior approval from the Department, while others merely require notice to the Department, before or after the change.
(b) If an action or change fits under more than one of the sections listed at (b)1 through 4 below, it shall be submitted and reviewed through the most comprehensive of the sections which apply. The list of permit change sections at (b)1 through 4 below has the most comprehensive section listed first, and the others arranged in descending order. For example, if a permittee plans a change which fits under both the compliance plan change section (paragraph (b)2 below) and the seven-day-notice change section (paragraph (b)3 below), the change shall be submitted as a compliance plan change, because that is listed first, as it is the more comprehensive of the two sections. The permit change sections are:
1. Permit revisions (7:27-8.18 );
2. Compliance plan change (7:27-8.19 );
3. Seven-day-notice change (7:27-8.20 );
4. Amendment (7:27-8.21 ).