reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27 - AIR POLLUTION CONTROL › Subchapter 22 - OPERATING PERMITS › Section 7:27-22.16 - Operating permit contents

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department will include in each operating permit, drafted for, or issued to, a facility, emission limitations and standards, including any operational requirement necessary to assure compliance with all applicable requirements which apply to a source operation or a group of source operations or to the facility as a whole at the time of permit issuance.
(b) For each significant source operation at the facility, or, if applicable, for each group of source operations or for the entire facility, the operating permit shall:
1. Specify each applicable requirement and each associated permit condition, including any emission limitations and standards and any operational requirements;
2. Cite to the specific legal authority, including any State or Federal rule or regulation or any permit, which establishes the applicable requirement and any associated permit conditions;
3. Identify any difference in form between the permit condition and the applicable requirement upon which the permit condition is based;
4. Specify the compliance assurance method (including a reference, if applicable, to where the method is published) required to be used to determine compliance with the permit condition; and
5. Specifically designate as not being Federally enforceable any permit condition based on an applicable state requirement.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27 - AIR POLLUTION CONTROL › Subchapter 22 - OPERATING PERMITS › Section 7:27-22.17 - Permit shield

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department will include a permit shield in each operating permit as set forth at 7:27-22.16(p). A permit shield provides that compliance with the relevant conditions of the operating permit shall be deemed compliance with the specific applicable requirements that are in effect on the date of issuance of the draft operating permit, and which form the basis for the conditions in the operating permit, provided that the requirements of this section are met.
(b) A permit shield shall provide that:
1. For any applicable provision of an applicable requirement, if the provision is specifically included and identified in the operating permit, compliance with the conditions of the operating permit shall be deemed compliance with that provision of the applicable requirement; and
2. For any provision of a potentially applicable requirement, if the provision is specifically identified in the operating permit as not applicable to the facility, the permittee need not comply with the specifically identified provision.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27 - AIR POLLUTION CONTROL › Subchapter 22 - OPERATING PERMITS › Section 7:27-22.18 - Source emissions testing and monitoring

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This section sets forth the procedures by which the Department will implement the source emissions testing and monitoring requirements contained in an approved operating permit. Any deadline in this section may be extended through written approval by the Department, unless prohibited by Federal regulations. Such procedures shall be consistent with the federal rules for enhanced monitoring of stationary sources, set forth at 40 CFR Part 64.
(b) Within 90 days after approval of the operating permit, or within the time frame specified in the operating permit, a permittee shall submit, pursuant to this section, a request for approval of a protocol prepared in accordance with the Department's published technical manual on Air Contaminant Testing and Monitoring. The protocol shall describe how the permittee proposes to carry out any source emissions testing or monitoring, including any type of CMS monitoring, required by the operating permit. Any revisions of the technical manual will be subject to public input prior to finalization.
(c) The protocol shall, in accordance with the Department's technical manual on Air Contaminant Testing and Monitoring, include details of the implementation of the source emissions testing and monitoring practices required by the operating permit and shall specify sampling and analytical procedures, equipment specifications, example calculations, and the form in which data will be submitted.
(d) The Department will inform the permittee in writing of any deficiencies in the proposed protocol, and will provide a reasonable deadline for correction of the deficiencies. The permittee shall correct the deficiencies and resubmit the protocol to the Department within the deadline.
(e) If the operating permit requires source emissions testing, the permittee shall carry out the following initial source emissions testing procedures:
1. Contact the Department within 30 days after approval of the protocol and schedule a testing date;
2. Perform the source emissions testing within 180 days after the Department's approval of the operating permit; and
3. Submit the source emissions test report to the Department, within 45 days after completion of the source emissions testing. The test report shall include all raw field and laboratory data, as well as the operating and production parameters required by the approved protocol, so that the Department may reproduce the calculations and verify the findings of the test report. The test report shall be reviewed and certified pursuant to (h) before it is submitted to the Department.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27 - AIR POLLUTION CONTROL › Subchapter 22 - OPERATING PERMITS › Section 7:27-22.19 - Recordkeeping, reporting, and compliance certification

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each permittee shall maintain records of all source emissions testing or monitoring performed at the facility and required by the operating permit in accordance with this section. Records shall be maintained, for at least five years from the date of each sample, measurement, or report. Each permittee shall maintain all other records required by the operating permit for a period of five years from the date each record is made.
(b) Source emissions testing or monitoring records shall contain, at a minimum, the following information, unless alternative types of records or recordkeeping are expressly approved in the operating permit:
1. The date, source operation, and time of sampling or measurements;
2. The date(s) analyses were performed;
3. The company and the name of the person representing that company who was responsible for performing the sampling, measurements or analyses;
4. The analytical techniques or methods used;
5. The results of such analyses;
6. The operating conditions, as specified in the operating permit, existing at the time of sampling or measurement. If the record indicates a deviation from applicable requirements at a facility equipped with a CMS, the permittee shall include all CMS data recorded beginning one hour before the recorded deviation and continuing through one hour after the recorded deviation.
7. All calibration and maintenance records, and all original strip-chart recordings, or the equivalent for continuous monitoring instrumentation;
8. Copies of all reports required by the operating permit; and
9. Any other information required by the Department to interpret the monitoring data.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27 - AIR POLLUTION CONTROL › Subchapter 22 - OPERATING PERMITS › Section 7:27-22.21 - Changes to insignificant source operations

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A permittee may, pursuant to this section, make certain changes to an insignificant source operation, or to the use thereof, without notifying the Department or EPA until the renewal of the operating permit. In the application for the renewal of the operating permit, the permittee shall identify any such changes which affect information in the operating permit. Such changes could include the addition or deletion of insignificant source operations that have occurred during the term of the operating permit.
(b) Any change made to an insignificant source operation during the term of an operating permit, including the construction or installation of a new insignificant source operation, may be made pursuant to the procedures set forth in (a) above, provided that the change:
1. Is not prohibited in the operating permit;
2. Is not subject to any requirements under the acid deposition control provisions at Title IV of the CAA;
3. Is not a modification under any provision of Title I of the CAA;
4. Does not cause the source operation to become subject to an applicable requirement, to which it was not previously subject and which is not already included as a requirement of the operating permit; and
5. Meets all applicable requirements and does not violate any existing permit term or condition.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27 - AIR POLLUTION CONTROL › Subchapter 22 - OPERATING PERMITS › Section 7:27-22.22 - Seven-day-notice changes

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A permittee may make any of the changes listed at (c) or (d) below through the procedures for a seven-day-notice change set forth in this section. The Department shall attach the notice of the seven-day-notice change to the operating permit, but shall not revise the operating permit until the next application for a renewal. If the requirements of this section are met, a permittee may make a seven-day-notice change seven days after the Department's receipt of the notice of the change.
(b) Any other provision of this section notwithstanding, no change listed in (c) below may be made pursuant to this section if the change would:
1. Require an increase in any allowable emissions limit established in the operating permit, including any maximum allowable emissions rate (whether expressed as pounds per hour, tons per year, total pounds, total tons, or other units expressed as a rate of emissions or total emissions) or concentration limit or any emissions cap;
2. Cause the emission of a new air contaminant or class of air contaminants;
3. Constitute a minor modification or significant modification, as defined at 7:27-22.23 or 22.24, respectively;
4. Change a monitoring, recordkeeping, or reporting requirement set forth in the operating permit, if the changed requirement would be less stringent than, the existing requirement;
5. Constitute a modification under any provision of Title I of the CAA; or
6. Subject the facility to the requirements of the acid deposition control provisions in Title IV of the CAA, or would violate such requirements.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27 - AIR POLLUTION CONTROL › Subchapter 22 - OPERATING PERMITS › Section 7:27-22.23 - Minor modifications

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A permittee may make any change listed at (c) below through the minor modification procedures set forth in this section. Minor modifications are set forth in (c) below, and include changes that may increase actual emissions by insignificant amounts, and other changes that do not increase emissions, but may increase ambient concentrations of air contaminants. The Department will, upon approval of an application for a minor modification of the operating permit, incorporate the changes into the operating permit. The application for a minor modification constitutes an application for a consolidated preconstruction and operating permit under this subchapter and N.J.A.C. 7:27-8. The permittee shall not make any change proposed in a minor modification of the operating permit until the Department has approved the minor modification, except as specified in (a)1, 2, and 3 below.
1. Equipment and control apparatus may be installed at risk pursuant to the requirements of 7:27-22.3(oo).
2. The proposed minor modification may, at the permittee's risk, be made at the facility after the administratively complete application is received by the Department, and a preconstruction approval has been issued by the Department.
3. Any permittee who elects to implement the change proposed in an application prior to the Department's final decision on the minor modification (after the EPA review period) shall comply with both the applicable requirements governing the change and the conditions of preconstruction approval contained in the proposed minor modification. During this time, the facility need not comply with any outdated existing operating permit provisions it seeks to modify. However, if the permittee fails to comply with the proposed permit provisions during this time, or the minor modification is not approved, the existing permit provisions it seeks to modify shall be enforced.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27 - AIR POLLUTION CONTROL › Subchapter 22 - OPERATING PERMITS › Section 7:27-22.24 - Significant modifications

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Notwithstanding any other provision of this subchapter, a permittee is required to make any of the changes listed at (b) below through the significant modification procedures set forth in this section. The Department will, upon its approval of an application for a significant modification of the operating permit, incorporate the change(s) into the operating permit. The application for a significant modification constitutes the consolidated preconstruction and operating permit application under this subchapter and N.J.A.C. 7:27-8. For a significant modification of the operating permit, the permittee may begin construction of the significant modification, but may not operate the modified facility until the Department has approved the significant modification.
(b) Construction or installation of any new significant source operation, reconstruction of a process unit or control apparatus made pursuant to 7:27-22.24A, or changes to existing significant source operations, shall be made as a significant modification if any of the following criteria apply:
1. A change which causes the facility to be subject to, or which would constitute a modification pursuant to, any of the following:
i. Emission offset requirements at 7:27-18.2(a) and (b);
ii. NSPS regulations at 40 CFR 60;
iii. NESHAPS regulations at 40 CFR 61 or 63;
iv. PSD regulations at 40 CFR 52; or
v. Federal visibility regulations promulgated pursuant to 42 USC 7491 or 7492;
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27 - AIR POLLUTION CONTROL › Subchapter 22 - OPERATING PERMITS › Section 7:27-22.24A - Reconstruction

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Reconstruction of a process unit or control apparatus shall be made as an administrative amendment to the operating permit pursuant to 7:27-22.20 if:
1. The date of installation of the reconstructed process unit or control apparatus is less than five years after the date of approval of the permit authorizing the installation of the original process unit or control apparatus;
2. The reconstruction causes no increases in actual emissions from the process unit or control apparatus; and
3. The reconstruction is not a significant modification.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27 - AIR POLLUTION CONTROL › Subchapter 22 - OPERATING PERMITS › Section 7:27-22.25 - Department initiated operating permit modifications

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An operating permit may be revoked, or reopened and modified, for cause by the Department pursuant to this section. Any Department initiated permit revocation or reopening and modification shall affect only those parts of the operating permit for which cause to reopen exists.
(b) Upon a written request from the Department, a permittee shall furnish to the Department, within 30 days or within a longer time period established by the Department in the request, any information that the Department may request to determine whether cause exists for revoking, or reopening and modifying the permit.
(c) At least 30 days prior to reopening an operating permit, the Department will notify the permittee that action is necessary to modify the operating permit and that the Department will revoke, or reopen and modify, the operating permit unless the permittee acts to apply for the necessary modification(s). A shorter time period may be provided if the Department determines that continued operation of the facility under its current operating permit may adversely affect human health or welfare, or the environment.
(d) The notice of a reopening made pursuant to (c) above will contain a requirement that the permittee act to resolve the issue which caused the need for the reopening, and a reasonable deadline for action. Such action shall be processed as a significant modification if the permittee does not act to apply for the necessary modification(s).
(e) The Department shall reopen and modify an operating permit if any of the following occur:
1. The permittee fails to act within the time specified in the notice in (d) above to incorporate any of the following into the operating permit:
i. An additional applicable requirement which has become applicable to the facility and the remaining term of the existing permit is three years or more; or
ii. A change to an applicable requirement which was previously applicable to the facility and the remaining term of the existing permit is three years or more;
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27 - AIR POLLUTION CONTROL › Subchapter 22 - OPERATING PERMITS › Section 7:27-22.26 - MACT and GACT standards

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This section shall take effect upon EPA's interim approval of the Department's operating permit program except for (f)1, 2 and 3 below, which shall take effect upon EPA's interim approval of the Department's operating permit program or EPA promulgation of rules implementing 42 U.S.C. 7412(g), whichever is later.
(b) Except as provided at (c) and (d) below, an owner or operator of a facility subject to an EPA-promulgated MACT or GACT standard, or a case-by-case MACT standard, shall submit an application to the Department to have the MACT or GACT standard incorporated into the facility's operating permit pursuant to the relevant provisions of 7:27-22.5 for initial operating permits, 7:27-22.20 for administrative amendments, 7:27-22.23 for minor modifications, or 7:27-22.24 for significant modifications.
(c) An owner or operator of an area source subject to an EPA-promulgated MACT or GACT standard is not required to obtain an operating permit if the MACT or GACT standard as promulgated by EPA explicitly states that state agencies are given the option of excluding affected area sources from the requirement to obtain operating permits, provided that the only reason for needing an operating permit is the MACT or GACT standard.
(d) An owner or operator of an area source subject to an EPA-promulgated MACT or GACT standard may postpone applying for an operating permit for five years from the promulgation of the MACT or GACT standard, if the MACT or GACT standard as promulgated by EPA explicitly states that state agencies may defer the requirement to obtain operating permits for affected area sources, provided that the only reason for needing an operating permit is the MACT or GACT standard.
(e) A facility or source operation shall be subject to a MACT or GACT standard promulgated by EPA if:
1. The facility or source operation is in operation at the time the MACT or GACT standard is promulgated, and the facility or source operation meets the applicability criteria set forth in the MACT or GACT standard;
2. The facility or source operation is subsequently modified such that the facility or source operation would meet the applicability criteria set forth in the MACT or GACT standard; or
3. A new facility or source operation is constructed such that the new facility or source operation meets the applicability criteria set forth in the MACT or GACT standard.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27 - AIR POLLUTION CONTROL › Subchapter 22 - OPERATING PERMITS › Section 7:27-22.27 - Operating scenarios

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department will include operating scenarios in an operating permit, if the operating scenarios meet all applicable requirements, including, but not limited to, all applicable emission standards.
1. Operating scenarios may, as appropriate, be incorporated into a permit through an application for an initial operating permit, a significant modification, or a minor modification pursuant to 7:27-22.5, 22.24 or 22.23, respectively.
2. New operating scenarios may be authorized through a notice of a seven-day-notice change pursuant to N.J.A.C. 7:27-22.22, provided the emission limit for a source operation included in operating scenarios that are being added by a seven-day-notice to an existing operating permit shall not exceed the maximum allowable emission limits in the existing operating permit for the source operation.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27 - AIR POLLUTION CONTROL › Subchapter 22 - OPERATING PERMITS › Section 7:27-22.28 - Incorporation of CO[2] Budget Trading Program and CO[2] emission limit requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The owner or operator of a facility subject to N.J.A.C. 7:27C shall apply to incorporate the requirements of the CO[2] Budget Trading Program at N.J.A.C. 7:27C, as applicable, into the operating permit pursuant to N.J.A.C. 7:27-22.3(u), 22.5, and 22.9, by the following deadlines:
1. For a CO[2] budget source for which the Department had issued an operating permit prior to June 11, 2019, on or before January 1, 2020;
2. For a CO[2] budget source for which, prior to June 11, 2019, the Department had issued a preconstruction permit but had not issued an operating permit, NO[x] later than 12 months after the facility commences operation; and
3. For a CO[2] budget source for which the Department had not issued an operating permit or a preconstruction permit prior to June 11, 2019, and for which the owner or operator elects to obtain both preconstruction and operating permit approval, NO[x] later than 12 months before construction commences.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27 - AIR POLLUTION CONTROL › Subchapter 22 - OPERATING PERMITS › Section 7:27-22.28A - Emissions trading

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Pursuant to this section a permittee may implement an emissions trading program at a facility subject to this subchapter.
(b) A permittee may implement any of the following emissions trading programs, if the Department has approved the program and incorporated it into the operating permit:
1. A facility-specific emissions averaging program with a federally enforceable emissions cap, pursuant to 7:27-22.28B;
2. An emissions trading program approved by the Department and approved by EPA as a case-by-case revision to New Jersey's SIP; or
3. An emissions trading program approved by the Department and not required to be approved by EPA as a case-by-case revision to New Jersey's SIP. For example, if emissions trading were performed pursuant to a rule which is approved as part of New Jersey's SIP, a case-by-case SIP revision would not be required (unless the rule specifically called for such a revision).
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27 - AIR POLLUTION CONTROL › Subchapter 22 - OPERATING PERMITS › Section 7:27-22.29 - Facilities subject to acid deposition control

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department hereby adopts and incorporates by reference the provisions of 40 CFR 72 and 76, and any subsequent amendments thereto, for purposes of implementing an acid rain program that meets the requirements of Title IV of the CAA. The term "permitting authority" shall mean the Department, and the term "Administrator" shall mean the administrator of the United States EPA. If provisions or requirements of 40 CFR 72 and 76 conflict with or are not included in this subchapter, the 40 CFR 72 and 76 provisions and requirements shall apply and take precedence.
(b) An administratively complete application to incorporate Phase II Title IV requirements into the operating permit shall be submitted:
1. By January 1, 1996, for facilities with source operations subject to the requirements for SO[2] pursuant to 42 U.S.C. §
											7651d; and
2. By January 1, 1998, for facilities with source operations subject to the requirements for NO[x] pursuant to 42 U.S.C. §
											7651f;
3. Facilities subject to both SO[2] and NO[x] requirements must meet both deadlines. The 1996 application shall address all SO[2] applicable requirements, and any applicable requirements relating to NO[x] applicable to each source operating at the time of application. The 1998 application shall include the NO[x] applicable requirements at that time.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27 - AIR POLLUTION CONTROL › Subchapter 22 - OPERATING PERMITS › Section 7:27-22.30 - Renewals

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A permittee shall renew the operating permit through the procedures set forth in this section. At the time of submittal of an application for renewal, an applicant who proposes to make change(s) at the facility may include the proposed change(s) with the renewal application, identifying which are administrative amendments, seven-day-notice changes, minor modifications, or significant modifications. The Department may, upon its renewal of the permit, incorporate the change(s) into the operating permit, rather than process each separately.
1. The permittee shall not make any significant modification proposed in the application for renewal until the Department approves the renewal.
2. Construction or operation of source operations pursuant to any administrative amendment, seven-day-notice change, or minor modification proposed in the application for renewal, shall be done consistent with the requirements of 7:27-22.20, 22.22, and 22.23, respectively.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27 - AIR POLLUTION CONTROL › Subchapter 22 - OPERATING PERMITS › Section 7:27-22.31 - Fees

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The owner or operator of a facility subject to this subchapter shall submit fees to the Department in accordance with this section. The type of fee due, and the amount due, will vary depending on the fiscal year, the amount of regulated air contaminant emissions at the facility, and the number of significant source operations at the facility. The types of fees are:
1. Annual emission fees, set forth at (b) below;
2. Initial operating permit application fees, based on the number of significant source operations at a facility, set forth at (d) below;
3. Significant modification fees, based on the number of pieces of equipment being modified per significant modification application, set forth at (e) below;
4. Renewal operating permit application fees, based on the number of pieces of equipment at a facility, set forth at (d) below;
5. Requests for approval of environmental improvement pilot tests set forth at (p) below; and
6. Fees to register sources under a general operating permit or to register used oil space heaters set forth at (p) and (aa) below.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27 - AIR POLLUTION CONTROL › Subchapter 22 - OPERATING PERMITS › Section 7:27-22.32 - Hearings and appeals

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An adjudicatory hearing regarding a determination made by the Department pursuant to this subchapter may be requested and granted in accordance with 7:27-1.32.
(b) If a person does not have a right to request an adjudicatory hearing pursuant to 7:27-1.32, there is final agency action as to that person when the Department takes final action on the application.
(c) If a person does have a right to request an adjudicatory hearing pursuant to 7:27-1.32, there is final agency action as to that person when the Department denies the request for an adjudicatory hearing, or when the Commissioner issues a final decision on the matter, whichever is later.
(d) A person who wishes to appeal a penalty assessed for a violation of this subchapter may request an adjudicatory hearing pursuant to the procedures at N.J.A.C. 7:27A.
(e) The Department's failure to take final action on an administratively complete application for an initial operating permit, renewal, minor modification or significant modification, within the deadlines provided by this subchapter, shall constitute grounds for the commencement of an action in lieu of the prerogative writ of mandamus, to compel Departmental action on the application.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27 - AIR POLLUTION CONTROL › Subchapter 22 - OPERATING PERMITS › Section 7:27-22.34 - Early reduction of HAP emissions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This section shall take effect upon EPA's interim approval of the Department's operating permit program.
(b) The Department may allow a six year extension of time for complying with a MACT or GACT standard promulgated by EPA for one or more source operations at a facility, if the source operation achieves sufficient early reductions of HAP emissions. To be eligible for such a compliance extension, an applicant shall demonstrate that, between the end of a representative year and the date upon which EPA proposed the MACT or GACT standard, the relevant source operation(s) at the facility achieved at least the following emission reductions:
1. Ninety percent of all non-particulate HAP emissions; and
2. Ninety-five percent of all particulate HAP emissions.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27 - AIR POLLUTION CONTROL › Subchapter 22 - OPERATING PERMITS › Section 7:27-22.35 - Advances in the art of air pollution control

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Newly constructed, reconstructed, or modified equipment and control apparatus that constitutes a significant source operation shall incorporate advances in the art of air pollution control as developed for the kind and amount of air contaminant emitted by the applicant's equipment and control apparatus as provided in this section.
(b) For equipment and control apparatus with a potential to emit hazardous air pollutants and NJHAPs at less than the state-of-the-art thresholds at N.J.A.C. 7:27-17.9, Tables 3A and 3B, and with a potential to emit less than five tons per year of any other air contaminant, except carbon dioxide (CO2 ), the applicant need not document advances in the art of air pollution control, but instead shall document compliance with:
1. Reasonably available control technology (RACT) for the air contaminants emitted as set forth in this chapter;
2. Standards of Performance for New Sources of Air Pollution (NSPS), where applicable, as set forth at 40 CFR 60;
3. Any National Emission Standards for Hazardous Air Pollutants (NESHAP), where applicable, as set forth at 40 CFR 61, 63 or promulgated under 42 USC 7412; and
4. Any other applicable State or Federal standard or regulation, including any general operating permit issued pursuant to N.J.A.C. 7:27-22.14 that applies to that source operation.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27 - AIR POLLUTION CONTROL › Subchapter 22 - OPERATING PERMITS › Section 7:27-22.36 - Requirements for emergency fumigation

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A fumigation operation that would be classified as a significant source solely because it meets the criteria at paragraph 21 of the definition of "significant source operation" at N.J.A.C. 7:27-22.1 is not a significant source (and, therefore, does not need a permit and certificate) if the operation is an emergency fumigation operation and there has been no other fumigation operation by the facility or source owner or operator within the preceding five years, including an emergency fumigation operation meeting the requirements of this section or N.J.A.C. 7:27-8.2(g). A fumigation operation that was performed before June 3, 2022, will not disqualify a subsequent emergency fumigation operation from the use of this section. The following requirements apply to emergency fumigation operations meeting the above criteria:
1. The owner or operator shall provide advance notification to the Department of the emergency fumigation operation by first-class mail or electronic mail, as provided at (a)2 below, that includes the following:
i. Documentation that the operation is an emergency fumigation operation;
ii. The exact physical location of the facility at which the fumigation operation will be conducted and the distance to the nearest property line, building, structure, and public area;
iii. The industrial structure(s) to be fumigated, including the number of industrial structure(s);
iv. The commodity to be fumigated, including quantity;
v. The fumigant name and estimated quantity to be used; and
vi. The name and address of the company that will perform the emergency fumigation operation.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27 - AIR POLLUTION CONTROL › Subchapter 22 - OPERATING PERMITS › Appendix - APPENDIX

Current through Register Vol. 56, No. 14, July 15, 2024
TABLE A
Thresholds for Reporting Emissions of Air Contaminants Other than
Hazardous Air Pollutants (HAPs)
Air Contaminant
Hourly Emissions (pounds per hour)
VOC
0.05
TSP
0.05
PM[10]
0.05
PM[2.5]
0.05
NO[x]
0.05
CO
0.05
SO[2]
0.05
Any other air contaminant(1)
0.05
(1) This air contaminant category shall apply to any other air contaminant (except CO), other than hazardous air pollutants (HAPs) that the facility has the potential to emit in a quantity greater than or equal to 100 tons per year.
* For this chemical group, specific compounds or subgroups are named specifically in this table. For the remainder of the chemicals of the chemical group, a single de minimis value is listed; this value applies to compounds which are not named specifically.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27 - AIR POLLUTION CONTROL › Subchapter 23 - PREVENTION OF AIR POLLUTION FROM ARCHITECTURAL COATINGS › Section 7:27-23.1 - Applicability

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This subchapter prescribes the rules of the Department for limiting the VOC content of, and using, architectural coatings.
(b) As set forth at 7:27-17.4(c), this subchapter's requirements for the implementation of control measures, including, but not limited to, requirements for the installation and use of control apparatus, or the use of compliant coatings, shall apply with full force to Group II Toxic Substances (TXS).
(c) Except as provided in (d) and (e) below, this subchapter is applicable to any person who:
1. Manufactures, blends, repackages, supplies or distributes an architectural coating for sale within the State of New Jersey;
2. Sells or offers for sale an architectural coating within the State of New Jersey; and
3. Applies an architectural coating for compensation within the State of New Jersey.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27 - AIR POLLUTION CONTROL › Subchapter 23 - PREVENTION OF AIR POLLUTION FROM ARCHITECTURAL COATINGS › Section 7:27-23.3 - Standards

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Except as provided in N.J.A.C. 7:27-23.1(b) through (e) and (h) below, no person shall manufacture, blend, repackage, supply or distribute for sale within the State of New Jersey; sell or offer for sale within the State of New Jersey; or apply for compensation within the State of New Jersey, any architectural coating manufactured after the operative date in (i) Table 1 below, and containing a VOC content in excess of the corresponding limit specified in (i) Table 1 below.
(b) If anywhere on the container of an architectural coating, or on any label or sticker affixed to the container, or in any sales, advertising, or technical literature supplied by a manufacturer or anyone acting on their behalf, any representation is made that indicates that the coating meets the definition of or is recommended for use for more than one of the coating categories listed in (i) Table 1 below, then the most restrictive applicable VOC content limit shall apply. This provision does not apply to the following coating categories:
1. Antenna coating;
2. Antifouling coating;
3. Bituminous roof primer;
4. Calcimine recoater;
5. Concrete surface retarder;
6. Conversion varnish;
7. Fire-retardant coating;
8. Flow coating;
9. High-temperature coating;
10. Impacted Immersion coating;
11. Industrial maintenance coating;
12. Lacquer coating (including lacquer sanding sealer);
13. Low-solids coating;
14. Metallic pigmented coating;
15. Nuclear coating;
16. Pretreatment wash primer;
17. Shellac;
18. Specialty primer, sealer, and undercoater;
19. Temperature-indicator safety coating;
20. Thermoplastic rubber coating and mastic; and
21. Wood preservative coating.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27 - AIR POLLUTION CONTROL › Subchapter 23 - PREVENTION OF AIR POLLUTION FROM ARCHITECTURAL COATINGS › Section 7:27-23.4 - Compliance provisions and test methods

Current through Register Vol. 56, No. 14, July 15, 2024
(a) For the purpose of determining compliance with the VOC content limits contained in 7:27-23.3(i)  Table 1, the VOC content of a coating shall be determined by using the following procedures. The VOC content of a tint base shall be determined prior to the addition of any colorant which is added after packaging in sale units by a person other than the manufacturer.
1. For all coatings, with the exception of low solids coatings, the VOC content in grams of VOC per liter of coating, thinned to the manufacturer's maximum recommendation, excluding the volume of water and exempt compounds, shall be determined as follows:
VOC Content = (Ws-Ww-Wec)/(Vm-Vw-Vec)
Where:
VOC content
= grams of VOC per liter of coating
Ws
= weight of volatiles, in grams
Ww
= weight of water, in grams
Wec
= weight of exempt compounds, in grams
Vm
= volume of coating, in liters
Vw
= volume of water, in liters
Vec
= volume of exempt compounds, in liters
2. For low solids (LS) coatings, the VOC content in units of grams of VOC per liter of coating, thinned to the manufacturer's maximum recommendation, including the volume of water and exempt compounds, shall be determined as follows:
VOC Content (LS) = (Ws-Ww-Wec)/Vm
Where:
VOC Content (LS)
= grams of VOC per liter of low solids coating
Ws
= weight of volatile, in grams
Ww
= weight of water, in grams
Wec
= weight of exempt compounds, in grams
Vm
= volume of coating, in liters
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27 - AIR POLLUTION CONTROL › Subchapter 23 - PREVENTION OF AIR POLLUTION FROM ARCHITECTURAL COATINGS › Section 7:27-23.5 - Labeling requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The manufacturer of an architectural coating subject to this subchapter shall display on the coating container's label, bottom or lid, the date the coating was manufactured, or a date code representing the date of manufacture. If the manufacturer uses a date code for any coating, the manufacturer shall file an explanation of each code in accordance with 7:27-23.6(c).
(b) The manufacturer of an architectural coating subject to this subchapter shall display the following information on the coating container label or lid:
1. A statement of the manufacturer's recommendation regarding thinning of the coating, except that:
i. This requirement does not apply to the thinning of architectural coatings with water; and
ii. If thinning of the coating prior to use is not necessary, the recommendation must specify that the coating is to be applied without thinning;
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27 - AIR POLLUTION CONTROL › Subchapter 23 - PREVENTION OF AIR POLLUTION FROM ARCHITECTURAL COATINGS › Section 7:27-23.6 - Administrative and reporting requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each manufacturer and distributor of an architectural coating subject to 7:27-23.3 shall include on the invoice, bill of lading, or other shipping document provided to the distributor or retailer receiving the product in New Jersey a statement indicating that the architectural coatings included on that shipping document and subject to 7:27-23.3, shipped by that manufacturer or distributor for sale in New Jersey, are in compliance with this subchapter. These documents shall be maintained by the manufacturer, distributor and/or retailer for no less than five years and shall be made available by the document recipient to the Department or its representatives upon request.
(b) For a coating that is sold or manufactured in New Jersey for use outside of New Jersey, or for shipment to other manufacturers for reformulation or repackaging, documentation indicating the final destination of the coating shall be made available to the Department or its representatives upon request. These documents shall be maintained by the manufacturer, distributor and/or retailer for no less than three years and shall be made available by the document recipient to the Department or its representatives upon request.
(c) A manufacturer who uses a date code on the coating container, in lieu of using the date of manufacture on the container, or a manufacturer who is complying with this subchapter with the use of a limited timeframe variance or exemption in accordance with 7:27-23.3(j), shall submit a registration with the Department as follows:
1. The information shall be submitted electronically, unless:
i. Electronic submission would impose hardship on the manufacturer; and
ii. The Department approves a request from the manufacturer to submit the information on paper pursuant to (c)7 below;
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27 - AIR POLLUTION CONTROL › Subchapter 23 - PREVENTION OF AIR POLLUTION FROM ARCHITECTURAL COATINGS › Section 7:27-23.8 - Penalties for failure to comply

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any person subject to this subchapter shall be responsible for ensuring compliance with all requirements of this subchapter. Failure to comply with any provision of this subchapter may subject the person to civil penalties in accordance with N.J.A.C. 7:27A-3 and applicable criminal penalties, including, but not limited to, those set forth at 26:2C-19(f)1  and 2.
(b) If a product that is subject to this subchapter is determined to fail to comply with the applicable VOC content requirements at 7:27-23.3, the Department may issue an order including any or all of the following:
1. Requiring the product's manufacturer to:
i. Demonstrate to the satisfaction of the Department that the product in fact complies with the applicable VOC content requirements at 7:27-23.3;
ii. Demonstrate to the satisfaction of the Department that the test results or calculations for that specific unit are not representative of the entire batch, or entire product line of that unit; and/or
iii. Within 30 days of the submission of the test report to the Department, recall its non-complying product from all retail outlets in New Jersey;
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27 - AIR POLLUTION CONTROL › Subchapter 24 - PREVENTION OF AIR POLLUTION FROM CONSUMER PRODUCTS › Section 7:27-24.2 - Applicability

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This subchapter applies to any person who sells, offers for sale, holds for sale, distributes, supplies, or manufactures for sale in New Jersey any consumer product in (b) or (c) below and that is for use in New Jersey by a consumer or by a person who uses the product in providing a service. This subchapter also applies to any person who advertises any portable fuel container or spout for sale in New Jersey.
(b) This subchapter applies to the following consumer products, unless the product is excluded under (d) or (e) below:
1. A chemically formulated consumer product which belongs to any of the chemically formulated consumer products categories listed in Table 24A at N.J.A.C. 7:27-24.4(a); and
2. A portable fuel container and spout.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27 - AIR POLLUTION CONTROL › Subchapter 24 - PREVENTION OF AIR POLLUTION FROM CONSUMER PRODUCTS › Section 7:27-24.3 - General provisions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Compliance with this subchapter does not exempt a manufacturer, distributor, or retailer of a product regulated under this subchapter from the obligation to also comply with any and all other applicable Federal and State laws and rules, including State fire codes, safety codes, and other safety regulations. Any finding by the Department that a manufacturer, distributor, or retailer of a product is in compliance with this section shall not be construed to be a determination of compliance with such other laws and rules.
(b) Upon the written request of the Department, any person who is subject to this subchapter shall:
1. Identify the distributor, manufacturer, or other person from whom the product identified in the written request was obtained; and
2. Make the shipping documentation for the product identified in the written request available to the Department for any product it has shipped or received.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27 - AIR POLLUTION CONTROL › Subchapter 24 - PREVENTION OF AIR POLLUTION FROM CONSUMER PRODUCTS › Section 7:27-24.5 - Chemically formulated consumer products: registration and labeling

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The manufacturer of a chemically formulated consumer product that is subject to this subchapter pursuant to 7:27-24.2(b)1  shall register or re-register (for manufacturers who have submitted registration prior to June 6, 2004) with the Department as follows:
1. The registration or re-registration shall be submitted to the Department on the form provided by the Department at
http://www.state.nj.us/dep/baqp
, and shall be submitted electronically, by email, on diskette, or on CD-ROM, unless:
i. Electronic submission would impose hardship on the manufacturer;
ii. The Department is satisfied that a hardship exists and approves a written request from the manufacturer to submit the information on paper pursuant to (c) below;
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27 - AIR POLLUTION CONTROL › Subchapter 24 - PREVENTION OF AIR POLLUTION FROM CONSUMER PRODUCTS › Section 7:27-24.6 - Chemically formulated consumer products: recordkeeping and reporting

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each manufacturer of a chemically formulated consumer product subject to this subchapter pursuant to 7:27-24.2(b)1  shall keep the following records:
1. The results of any testing performed to demonstrate compliance with a VOC content limit;
2. If compliance with a VOC content limit is demonstrated through calculation of the VOC content of the product pursuant to 7:27-24.7(b), the data and formulas used in the calculation, the calculations made, and the result of the calculation; and
3. Any information that may be required to be submitted to the Department pursuant to (b)3 below.