New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27 - AIR POLLUTION CONTROL › Subchapter 21 - EMISSION STATEMENTS › Section 7:27-21.10 - Determination of non-applicability

Current through Register Vol. 56, No. 14, July 15, 2024
(a) If the construction and/or operation of a facility is modified such that the facility's potential to emit each of the air contaminants listed in Table 1 at 7:27-21.2 is less than the applicable reporting threshold given in Table 1, the owner or operator may request approval from the Department to discontinue submission of annual Emission Statements by submitting, in accordance with this section, a claim of non-applicability.
(b) An owner or operator may not submit a claim of non-applicability until the facility's potential to emit each of the air contaminants listed in Table 1 at 7:27-21.2 has been less than the applicable reporting threshold for at least the immediately preceding full reporting year. However, an owner or operator is advised to submit a claim of non-applicability to the Department no later than February 1 of the submittal year in which the owner or operator wishes to discontinue submission of Emission Statements. For example, if throughout reporting year 2000, the facility's potential to emit each of the air contaminants listed in Table 1 at 7:27-21.2 is less than the applicable reporting threshold, and the owner or operator therefore would like approval not to submit an Emission Statement in submittal year 2001, the owner or operator should submit a claim of non-applicability no later than February 1, 2001. If a claim of non-applicability is received by the Department after February 1, the Department is under no obligation to respond to the claim until the following year.
(c) A claim of non-applicability must include the following information:
1. The name of the facility; the mailing address of the facility, including its zip code; and its facility ID number, as assigned by the Department;
2. The name of the Emission Statement contact for the facility and the contact person's telephone number;
3. The name of the responsible official and the responsible official's telephone number;
4. A demonstration that the facility no longer meets the applicability criteria set forth at 7:27-21.2. The demonstration shall show that the facility's potential to emit each of the air contaminants listed in Table 1 at 7:27-21.2 is less than the applicable reporting threshold given in Table 1 and has been for the full preceding calendar year. Determination of the facility's potential to emit shall reflect all emissions from the facility including the following:
i. The potential to emit for the significant source operations at the facility, including the fugitive emissions associated with the significant source operations;
ii. The potential to emit for the insignificant source operations at the facility, including the fugitive emissions associated with these source operations; and
iii. The facility's potential to emit any other fugitive emissions which are not accounted for pursuant to (c)4i or ii above;
5. The following statements:
i. A statement as to whether the facility is subject to operating permit requirements under N.J.A.C. 7:27-22; and
ii. A statement as to whether the owner or operator anticipates that conditions at the facility may change in such a manner so that the requirements of this subchapter may again become applicable to the facility in the future and therefore the facility may become obligated to recommence submission of Emission Statements; and
6. A certification, signed by the responsible official, in accordance with 7:27-1.39.