New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27 - AIR POLLUTION CONTROL › Subchapter 18 - CONTROL AND PROHIBITION OF AIR POLLUTION FROM NEW OR ALTERED SOURCES AFFECTING AMBIENT AIR QUALITY (EMISSION OFFSET RULES) › Section 7:27-18.1 - 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.
"Actual emissions" means the actual rate of emissions of an air contaminant from a source operation, equipment, or control apparatus. The actual rate of emissions, as of a particular date, shall equal the average rate at which the air contaminant was actually emitted during the two calendar years that are immediately preceding the particular date provided these are representative of normal source operation. The Department may allow the use of a time period different from this two year period only upon a determination that the different time period is more representative of normal operation. Actual emissions shall be calculated using the actual operating hours, production rates, and types of materials used, processed, stored, or combusted during the selected time period. Generally, the particular date is the permit application date, but may be another date specified by the Department. For any equipment, source operation, or control apparatus which has not begun normal operations as of the particular date, the Department shall assume that its actual emissions equal its allowable emissions. Actual emissions shall, for the purposes of this subchapter, be expressed in tons per year.
"Aerodynamic diameter" means the theoretical diameter of a nonspherical particle having the same terminal settling velocity as an equally dense, spherical particle of such diameter.
"Air contaminant" means any substance, other than water or distillates of air, present in the atmosphere as solid particles, liquid particles, vapors or gases.
"Air quality impact analysis" means a procedure, entailing the use of an air quality simulation model, for determining whether air contaminant emissions will result in an ambient air concentration that exceeds a standard established for the protection of human health and welfare and the environment.
"Air quality simulation model" means a procedure, taking into account the dispersive capacity of the atmosphere, meteorological data, topography, and other relevant factors, to predict the concentration of an air contaminant in the ambient air. Such procedure may entail use of a mathematical model or a physical model.
"Allowable emission" means the rate at which an air contaminant may be emitted into the outdoor atmosphere. This rate shall be based on the maximum rated capacity of the equipment, unless the equipment is subject to Federally enforceable limits which restrict the operating rate, hours of operations, or both. In such cases this rate is based on the most stringent of the following:
1. Applicable standards of performance for new stationary sources (NSPS) as set forth in 40 CFR 60;
2. Applicable national emission standards for hazardous air pollutants (NESHAP) as set forth in 40 CFR 61;
3. Applicable emission, equipment, and operating standards as set forth in this chapter, including those with a future compliance date;
4. Applicable emission limitations specified in a Federally enforceable permit, including limitations with a future compliance date; and
5. Any emission limitation in an applicable State Implementation Plan (SIP).
"Alteration" means one of the following changes to equipment or control apparatus, or to a source operation, for which a permit has been issued:
1. If the equipment, control apparatus, or source operation is subject to preconstruction permit requirements, a change which requires a permit revision under 7:27-8.18; or
2. If the equipment, control apparatus, or source operation is at a facility for which an operating permit has been issued, a change which requires a minor modification or a significant modification of the permit under 7:27-22.23 or 24.
"Alternative fuel" means, with respect to any source operation, any fuel whose use is not authorized by any permit or, for a source operation without a permit, this term means any fuel not used in the source operation since December 21, 1976.
"Ambient air quality standard" means a limit on the concentration of an air contaminant in the general outdoor atmosphere as set forth in N.J.A.C. 7:27-13 or in 40 CFR 50.
"Attainment area" means any area of the State which is not a nonattainment area.
"Banking" means the reservation of creditable emission reductions, pursuant to 7:27-18.8, for future use as emission offsets.
"Carbon monoxide" or "CO" means a gas having a molecular composition of one carbon atom and one oxygen atom.
"CAA" means the Clean Air Act as amended November 1990 ( 42 USC 7401 et seq., as amended by Pub. L. 101-549 ).
"Commence construction" or "commencement of construction" means, with respect to construction, reconstruction, or modification of equipment or control apparatus at a facility, the beginning of initiation of physical on-site construction. For the purpose of this subchapter, this term shall include installation activities on any source operation, equipment, or control apparatus, which are of a permanent nature. Such activities shall include, but are not limited to, establishment of building supports and foundations, laying of underground pipework, and construction of permanent storage structures. With respect to a change in method of operation at a facility, this term refers to the beginning of those on-site activities which mark the initiation of the change in method of operation.
"Complete" means, in reference to an application for a permit, that the application contains all of the information necessary, as determined by the Department, for commencing technical review of the application. Designating an application complete for purposes of commencing technical review does not preclude the Department from requesting or accepting any additional information.
"Construct" or "construction" means to fabricate or erect equipment or control apparatus at a facility where it is intended to be used, but shall not include the dismantling of existing equipment or control apparatus, site preparation, or the ordering, receiving, or temporary storage of equipment or control apparatus. Unless otherwise prohibited by Federal law, "construct" or "construction" shall also not include the pouring of footings or placement of a foundation where equipment or control apparatus is intended to be used. This term shall include installation of equipment or control apparatus.
"Consumer Price Index" or "CPI" means the annual Consumer Price Index for a calendar year as determined year to year using the decimal increase in the September through August, 12-month average for the previous year of the Consumer Price Index for All Urban Consumers (CPI-U), as published by the United States Department of Labor.
"Contemporaneous" means, in respect to newly constructed, reconstructed, or modified equipment, or a change in method of operation, occurring within a time period which includes:
1. The five years prior to the commencement of construction; and
2. The period between the commencement of the construction and the initiation of operation of the newly constructed, reconstructed, or modified equipment.
"Control apparatus" means any device that prevents or controls the emission of any air contaminant
"Creditable emission reduction" means a decrease in actual emissions which meets the conditions listed in 1 through 5 below. A decrease is a creditable emission reduction only to the extent that the pre-decrease level of actual emissions or the pre-decrease level of allowable emissions, whichever is lower, exceeds the new level of allowable emissions. Decreases in allowable emissions attributable to equipment or control apparatus that was permitted, but never operated, shall not be considered a creditable emission reduction. In order to be a creditable emission reduction, the decrease must be:
1. Quantifiable;
2. Federally enforceable;
3. Not required pursuant to any Federal or State law, rule, permit, order, or other legal document;
4. Not relied on by the Department in the SIP or any revision thereto, adopted by the Department, to demonstrate attainment or maintenance of a NAAQS or to demonstrate reasonable further progress toward attainment of a NAAQS; and
5. Verifiable, to the satisfaction of the Department, to have in fact occurred.
"Criteria pollutant" means any air contaminant for which a NAAQS has been promulgated under 40 CFR 50 or for which a NJAAQS has been promulgated in N.J.A.C. 7:27-13.
"Emission offset" means a creditable emission reduction approved by the Department for use to offset an increase in allowable emissions of an air contaminant from a facility.
"EPA" means the United States Environmental Protection Agency.
"Equipment" means any device capable of causing the emission of an air contaminant either directly or indirectly into the outdoor atmosphere, and any stack or chimney, conduit, flue, duct, vent or similar device connected or attached to, or serving the equipment. This term includes, but is not limited to, equipment in which the preponderance of the air contaminants emitted is caused by a manufacturing process.
"Facility" means the combination of all structures, buildings, equipment, control apparatus, storage tanks, source operations, and other operations that are located on a single site or on contiguous or adjacent sites and that are under common control of the same person or persons.
"Facility-wide permit" means a single permit issued by the Department to the owner or operator of a priority industrial facility incorporating the permits, certificates, registrations, or any other relevant Department approvals previously issued to the owner or operator of the priority industrial facility pursuant to the Solid Waste Management Act, 13:1E-1 et seq., the Water Pollution Control Act, 58:10A-1 et seq., the Air Pollution Control Act, 26:2C-1 et seq., and the appropriate provisions of the Pollution Prevention Plan prepared by the owner or operator of the priority industrial facility pursuant to 13:1D-41 and 42. This term shall have the same meaning as defined for the term "facility-wide permit" at 7:1K-1.5; if there is any conflict between the definition at 7:1K-1.5 and this one, the definition at 7:1K-1.5 shall control.
"Federally enforceable" means all limitations and conditions on operation, production, or emissions which can be enforced by the EPA pursuant to authorities which include, but are not limited to, those established in:
1. Any standards of performance for new stationary sources (NSPS) promulgated at 40 CFR 60;
2. Any national emission standard for hazardous air pollutants (NESHAP) promulgated at 40 CFR 61;
3. Any provision of an applicable SIP; or
4. Any permit issued pursuant to requirements established at 40 CFR 51, Subpart I; 40 CFR 52.21; 40 CFR 70; 40 CFR 71; or this chapter.
"Fugitive emissions" means any emissions of an air contaminant released directly or indirectly into the outdoor atmosphere which do not pass through any stack or chimney.
"Initiation of operation" means, in respect to the operation of newly constructed, reconstructed, or modified equipment or a change in method of operation, the date on which any air contaminant is first emitted from the newly constructed, reconstructed, or modified equipment, or from the equipment affected by the change in method of operation.
"Install" or "installation" means to carry out final setup activities necessary to provide equipment or control apparatus with a capacity for use or service, and shall include, but need not be limited to, connection of equipment or control apparatus, associated utilities, piping, duct work, or conveyor systems, but shall not include construction or reconfiguration of equipment or control apparatus to an alternative configuration specified in a permit application and approved by the Department.
"Lead" or "Pb" means elemental lead or any compound containing lead.
"Lowest achievable emission rate" or "LAER" means a limitation on the rate of emission from any source operation, equipment, or control apparatus which is consistent with the most stringent of the following:
1. The most stringent emission limitation which is contained in the SIP of any state for such class or category of source operation, equipment, or control apparatus, unless the owner or operator of the proposed new or altered equipment or control apparatus demonstrates to the satisfaction of the Department that such a limitation is not achievable by that equipment or control apparatus;
2. The most stringent emission limitation which is achieved in practice by such class or category of source operation, equipment, or control apparatus; or
3. The most stringent emission limitation established in any NSPS or NESHAP applicable to such class or category of equipment or control apparatus.
"Minimum offset ratio" means the minimum acceptable ratio of emission offsets to increases in the allowable emissions for a facility.
"Modify" or "modification" means any physical change in, or change in the method of operation of, existing equipment or control apparatus that increases the amount of any air contaminant emitted by that equipment or control apparatus or that results in the emission of any air contaminant not previously emitted. This term shall not include normal repair and maintenance.
"Motor vehicle" means a vehicle propelled otherwise than by muscular power, excepting motorized bicycles and such vehicles as run only upon rails or tracks.
"National ambient air quality standard" or "NAAQS" means an ambient air quality standard promulgated at 40 CFR 50.
"NESHAP" means National Emission Standards for Hazardous Air Pollutants as promulgated under 40 CFR 61.
"Net air quality benefit" means, in the area affected by a proposed emission increase of an air contaminant, a net decrease in the ambient concentration of the respective criteria pollutant for the air contaminant.
"Net emission increase" means, in respect to any air contaminant emitted at a facility, an increase calculated in accordance with the procedures set forth at 7:27-18.7(a).
"New Jersey ambient air quality standard" or "NJAAQS" means an ambient air quality standard promulgated at N.J.A.C. 7:27-13.
"Nitrogen dioxide" or "NO[[LESS THAN]2][GREATER THAN]" means a gas that has a molecular composition of one nitrogen atom and two oxygen atoms.
"NO[x]" or "oxides of nitrogen" means all the oxides of nitrogen including, but not limited to, nitric oxide and nitrogen dioxide, except nitrous oxide.
"Nonattainment area" means any area of the State:
1. Identified by the Department as one in which the ambient air concentration of a criteria pollutant exceeds an ambient air quality standard; or
2. Designated by the EPA at 40 CFR 81.331 as an area in which the ambient air concentration of a criteria pollutant exceeds the applicable NAAQS.
"NSPS" means Standards of Performance for New Stationary Sources as promulgated under 40 CFR 60, commonly referred to as New Source Performance Standards.
"Operating certificate" means a "Certificate to Operate Control Apparatus or Equipment" issued by the Department pursuant to the Air Pollution Control Act of 1954, and in particular 26:2C-9.2, which is valid for a period of five years from the date of issuance, unless sooner revoked by the Department.
"Operating permit" means the permit described in Title V of the Federal Clean Air Act, 42 U.S.C. §§
										7661 et seq., and in N.J.A.C. 7:27-22. This term shall include a general operating permit which is applicable facility wide, but does not include a general operating permit which applies only to a part of a facility. Where a general operating permit applies only to a part of a facility, the general operating permit shall be incorporated into the operating permit. This term also includes an operating permit issued for a temporary facility; for a facility subject to a MACT or GACT standard pursuant to 7:27-22.26; or for a component of a facility pursuant to 7:27-22.5(j).
"Oxides of nitrogen" or "NO [LESS THAN] x[GREATER THAN]" means all the oxides of nitrogen including, but not limited to, nitric oxide and nitrogen dioxide, except nitrous oxide.
"Ozone" or "O[LESS THAN]3[GREATER THAN]" means a gas having a molecular composition of three oxygen atoms.
"Permit" means preconstruction permit, operating permit, or facility-wide permit.
"Person" means an individual, public or private corporation, company, international entity, institution, county, municipality, state, interstate body, the United States of America, or any agency, board, commission, employee, agent, officer, or political subdivision of a state, an interstate body, or the United States of America.
"Plume rise" means the vertical distance from the point at which an effluent stream is discharged into the outdoor atmosphere to the highest point attained by the center line of the effluent stream.
"PM[10]" means a class of air contaminants that includes all particulate matter having an aerodynamic diameter less than or equal to a nominal 10 microns.
"PM[2.5]" means a class of air contaminants that includes all particulate matter having an aerodynamic diameter less than or equal to a nominal 2.5 microns.
"PM[2.5] inter-pollutant offset" means a creditable emission reduction of PM, or of a PM precursor, used in a
PM[2.5] nonattainment area to offset an emission increase of PM, or of a PM precursor, to provide a net air quality benefit.
"Potential to emit" means the same as that term is defined by the EPA at 40 C.F.R. 70.2 or any subsequent amendments thereto. In general, the potential to emit is the maximum aggregate capacity of a source operation or of a facility to emit an air contaminant under its physical and operational design. Any physical or operational limitation on the capacity of a source operation or a facility to emit an air contaminant, including any limitation on fugitive emissions as a result of any applicable requirement, control apparatus, and restrictions on hours of operation or on the type or amount of material combusted, stored or processed, shall be treated as part of its design, if the limitation is Federally enforceable. Unless otherwise indicated, fugitive emissions shall be included in the determination of potential to emit. However, the determination shall not include any banked emission reductions that are held by the owner or operator.
"Preconstruction permit" means a legally valid permit, authorizing construction, installation, reconstruction, or modification of a significant source, issued by the Department under N.J.A.C. 7:27-8 pursuant to the New Jersey Air Pollution Control Act and in particular N.J.S.A. 26:2C-9.2.
"Process unit" means equipment assembled to produce intermediate or final products. A process unit can operate independently if supplied with sufficient feed or raw materials and sufficient storage facilities for the product. The storage and transfer of product or raw materials to and from the process unit shall be considered separate from the process unit for the purposes of making reconstruction determinations. Product recovery equipment shall be considered to be part of the process unit, not part of the control apparatus.
"Reasonable further progress" or "RFP" means such annual incremental reductions in emissions to the outdoor atmosphere of an air contaminant as are required by the CAA for the purpose of ensuring attainment of the NAAQS for the respective criteria pollutant by the applicable statutory deadline.
"Reconstruct" or "reconstruction" means the replacement of part(s) of equipment included in the process unit, or the replacement of part(s) of control apparatus, if the fixed capital cost of replacing the part(s) exceeds both of the following amounts:
1. Fifty percent of the fixed capital cost that would be required to construct a comparable new process unit; or, if it is part(s) of control apparatus that is being replaced, 50 percent of the fixed capital cost that would be required to construct comparable new control apparatus; and
2. $ 80,000, in 1995 dollars, adjusted by the Consumer Price Index (CPI).
"Resource recovery source" means any equipment used for processing solid waste (including refuse derived fuel and sewage sludge) for the purpose of extracting, converting to energy, or otherwise separating and preparing solid waste for reuse. For the purpose of this subchapter energy conversion equipment must use solid waste to provide more than 50 percent of the heat input to be considered a resource recovery source.
"Respective criteria pollutant" means the corresponding criteria pollutant for each air contaminant listed in Table 3 of N.J.A.C. 7:27-18.7. The following are the air contaminants listed in Table 3, and their respective criteria pollutants:
Category of Air Contaminants
Respective Criteria Pollutant
TSP
TSP
PM[10]
PM[10]
PM[2.5]
PM[2.5]
SO[2]
SO[2] and PM[2.5]
CO
CO
NO[x]
NO[2], O3, and PM[2.5]
VOC
O[3]
Pb
Pb
"Secondary emissions" means emissions to the outdoor atmosphere which occur as an indirect result of the construction or operation of new or altered source operations, equipment or control apparatus at a facility and which affect the air quality of the same general area as emissions occurring as a direct result of the new or altered source operation, equipment or control apparatus. This term includes, but is not limited to:
1. Emissions from marine vessels or from vehicles running upon rails or tracks where such vessels or vehicles are associated with the construction or operation of the new or altered source operation, equipment or control apparatus. The term does not, however, include emissions resulting from motor vehicle or aircraft traffic; and
2. Emissions from off-site support facilities which would be constructed or whose rate of emissions would otherwise increase as a result of the construction or operation of the new or altered source operation, equipment, or control apparatus.
"Significant air quality impact level" means an increase, greater than or equal to that specified in Table 1 at 7:27-18.4, in the ambient air concentration of a criteria pollutant.
"Significant net emission increase" means an emission increase of any air contaminant determined pursuant to the procedures set forth in 7:27-18.7 to be a significant net emission increase.
"SO" or "sulfur dioxide" means a gas that has a molecular composition of one sulfur atom and two oxygen atoms.
"Source operation" means any process or any identifiable part thereof that emits or can reasonably be anticipated to emit any air contaminant either directly or indirectly into the outdoor atmosphere.
"Stack or chimney" means a flue, conduit or opening designed, constructed, or used for the purpose of emitting any air contaminant into the outdoor atmosphere.
"State Implementation Plan" or "SIP" means a plan for the attainment of NAAQS, prepared by a state and approved by the EPA pursuant to Section 110 of the Clean Air Act ( 42 USC 1857 et seq.).
"Sulfur dioxide" or "SO[2]" means a gas that has a molecular composition of one sulfur atom and two oxygen atoms.
"Total suspended particulate matter" or "TSP" means any air contaminant dispersed in the outdoor atmosphere which exists as solid particles or liquid particles at standard conditions and is measured in accordance with a test method at N.J.A.C. 7:27B-1; 40 CFR 60, Appendix A, Methods 5 through 5H; or another test method approved by the Department and EPA.
"Transportation control measure" or "TCM" means a measure directed toward reducing air contaminant emissions from motor vehicles. Such measures include those identified in Section 108(f)(1)(A), including the removal from use and the marketplace of pre-1980 model year light duty vehicles and pre-1980 model year light duty trucks.
"Volatile organic compound" or "VOC" means a volatile organic compound as that term is defined by the EPA at 40 CFR 51.100(s), as supplemented or amended, which is incorporated by reference herein.