New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27 - AIR POLLUTION CONTROL › Subchapter 22 - OPERATING PERMITS › Section 7:27-22.28B - Facility-specific emissions averaging programs

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A permittee may obtain approval for and implement a facility-specific emissions averaging program at a facility subject to this subchapter pursuant to this section, provided that no averaging program set forth in a promulgated rule would apply. Such a program shall be on a case-by-case basis, developed and approved for implementation at a specific facility.
(b) Such a facility-specific emissions averaging program shall be limited to the group of source operations and to the air contaminants authorized for the facility-specific emissions averaging program incorporated in the operating permit. The source operations included shall be a specific group of source operations proposed by the applicant and approved by the Department. The facility-specific emissions averaging program shall subject these source operations collectively to a federally enforceable emissions cap.
(c) An application submitted to obtain authorization to implement a facility-specific emissions averaging program shall provide information to the Department including, but not limited to, the following:
1. A description of the planned emissions averaging program;
2. A statement of the purpose for seeking authorization for the emissions averaging program at the facility. Such a statement shall indicate, for example, if the purpose of the authorization is to establish an emissions cap so as to avoid being classified as a major facility or avoid becoming subject to requirements, such as:
i. Emission offset requirements pursuant to 7:27-18.2; or
ii. PSD regulations at 40 CFR 52;
3. Specification of any permit condition or applicable requirement that would be:
i. Complied with through the emissions averaging program; or
ii. No longer applicable as a result of the emissions averaging program;
4. The specific source operations that would be included in the emissions averaging program;
5. For each source operation subject to the emissions averaging program, each air contaminant for which the quantity or rate of actual emissions may be increased or decreased as a result of the emissions averaging program;
6. For each air contaminant identified pursuant to (c)5 above, the proposed federally enforceable emissions cap for the group of source operations that are to be included in the emissions averaging program;
7. A description of the types of circumstances under which decreases in emissions from one or more source operations will be used to offset increases in emissions from one or more other source operations;
8. Proposed permit conditions which will enable the Department to readily verify whether emissions from the source operations have exceeded the emissions cap; such permit conditions shall set forth replicable procedures sufficient to ensure that emissions are quantified and recorded and that compliance with the emissions cap is enforceable. Such replicable procedures shall include monitoring or source emissions testing, or both, and recordkeeping and reporting procedures;
9. A statement affirming that each included source operation shall operate in compliance with the applicable provisions of this chapter and with all other applicable requirements; and
10. Certification in accordance with 7:27-1.39.