N.J. Admin. Code § 7:27-16.17

Current through Register Vol. 56, No. 12, June 17, 2024

Section 7:27-16.17 - Alternative and facility-specific VOC control requirements

(a) This section establishes procedures and standards for the establishment of VOC control requirements for any source operation that:

1. Is located at a major VOC facility whose owner or operator seeks approval of a facility-specific VOC control plan that would apply to any source operation or equipment that has the potential to emit at least three pounds per hour (potential batch cycle emission rate of three pounds per hour for batch processes), and:

i. Is not regulated elsewhere in this subchapter; and

ii. Is not specifically exempted elsewhere in this subchapter because the source operation is within a category that is exempted or because the source operation operates below exclusion rates or threshold levels for control; or

2. Is regulated under 7:27-16.2 through 16.16 or 16.18 through 16.21, whose owner or operator seeks approval of an alternative VOC control plan, which would apply to the equipment or source operation notwithstanding any control requirement or emission limit which would otherwise apply under this subchapter; or

3.Was issued an alternative or facility-specific VOC control plan prior to May 19, 2009.

(b) Except as provided at (q) below, the owner or operator of any facility that contains a source operation subject to (a)1 above shall comply with either (b)1 or 2 below:

1. Use control apparatus that the Department has determined will collect at least 90 percent by weight of the VOC emissions from the source operation and prevent from being discharged into the outdoor atmosphere at least 90 percent by weight of the VOC collected; or

2. Operate the facility in accordance with a facility-specific VOC control plan approved by the Department pursuant to (i) below.

i. Use control apparatus that the Department has determined (pursuant to (1) below) will collect at least 90 percent by weight of the VOC emissions from the source operation and prevent from being discharged into the outdoor atmosphere at least 90 percent by weight of the VOC collected; or

ii. Operate the facility in accordance with a facility-specific VOC control plan approved by the Department pursuant to (j) below.

(c) The following requirements apply to an owner or operator seeking approval of an alternative VOC control plan pursuant to (a)2 or 3 above:

1. The owner or operator shall submit to the Department at the address listed at (p) below a proposed alternative VOC control plan prepared in accordance with (d) below. Submission of a proposed alternative VOC control plan does not relieve an owner or operator of any facility, equipment, or source operation from complying by the compliance dates in other sections of this subchapter. If, and when, the Department approves an alternative VOC control plan, the owner or operator shall be subject to the conditions and requirements of the plan and of the Department's approval;

2. Any alternative VOC control plan approved by the Department after May 19, 2009 shall have a term of 10 years;

3. Any owner or operator that has an alternative VOC control plan approved prior to May 19, 2009, by the Department and that plans to continue operating with an alternative VOC control plan, shall submit a proposed plan by August 17, 2009. The owner or operator may request a 60-day extension pursuant to N.J.A.C. 7:27-16.17(o) to submit the proposed plan:

i. If the owner or operator submits a proposed plan by August 17, 2009 or by the date of any extension approved by the Department, the owner or operator's existing alternative VOC control plan shall terminate on the date specified in the implementation schedule of the alternative VOC control plan that the Department approves; and

ii. If the owner or operator does not submit a proposed plan by August 17, 2009, the owner or operator's existing VOC control plan shall terminate on August 17, 2009;

4. If the owner or operator of a facility has an approved alternative VOC control plan for a source operation that was issued after May 19, 2009, and intends to modify, alter or reconstruct, such that the VOC emission limit would change, the existing alternative VOC control plan shall terminate on the start date of the modified, altered or reconstructed source operation or item of equipment. If the owner or operator plans to continue operating under an alternative VOC control plan, the owner or operator shall apply, and obtain approval of, a new alternative VOC control plan prior to operation of the modified, altered or reconstructed source operation or item of equipment; and

5. If the owner or operator of a facility that has an approved alternative VOC control plan for a source operation that was issued after May 19, 2009, intends to continue operating under a VOC emission limit beyond the expiration date of the existing plan, the owner or operator shall apply for a new alternative VOC control plan at least one year prior to the termination date of the existing plan. The existing plan shall terminate on its termination date or on the date of the Department's final action on the proposed new plan, whichever is later.

(d) An owner or operator submitting a proposed alternative or facility-specific VOC control plan pursuant to (b)2 or (c) above shall include the following information in the plan:

1. A list of each source operation at the facility to be included in the plan:

i. For a submission pursuant to (b)2ii above, the list shall include each source operation that is not regulated under 7:27-16.2 through 16.16, 16.20 or 16.21, and has the potential to emit at least three pounds of VOC per hour; or

ii. For a submission pursuant to (c) above, the list shall include each source operation for which the owner or operator seeks an alternative to compliance under 7:27-16.2 through 16.16, 16.20 or 16.21;

2. The following information for each source operation listed pursuant to (d)1 above:

i. A brief description of the source operation, and its permit number and any other identifying numbers;

ii. The maximum rated capacity of the source operation;

iii. The source operation's potential to emit VOC;

iv. A list of all VOC control technologies available for use with the source operation;

v. A list of all alternative processes and pollution prevention measures that the owner or operator is considering using with or in place of the source operation to reduce VOC emissions;

vi. An analysis of the technological feasibility of installing and operating each control technology and process alternative identified in (d)2iv and v above;

vii. For each control technology and process alternative which is technologically feasible to install and operate, an estimate of the cost of installation and annual operation;

viii. An estimate of the remaining useful life of the existing source operation;

ix. An estimate of the reduction in VOC emissions attainable through the use of each control technology and process alternative identified in (d)2iv and v above;

x. The VOC control technology or technologies or process alternatives which the owner or operator proposes to employ and an implementation schedule;

xi. For any construction, alteration, or installation of any equipment or control apparatus that the owner or operator proposes in the plan, a complete application for each permit required. The permit may be a preconstruction permit and certificate pursuant to N.J.A.C. 7:27-8 or an operating permit pursuant to N.J.A.C. 7:27-22;

xii. A proposed VOC emission limit for the source operation or for the proposed process alternative; and

xiii. Proposed recordkeeping requirements sufficient to document the owner or operator's continued compliance with the plan;

3. Any other information the Department requests that is reasonably necessary to enable it to determine whether the application satisfies the requirements at (i) below; and

4. A certification signed by the owner or operator, satisfying the requirements of 7:27-1.39.

(e) Notwithstanding the provisions at (b) above, the owner or operator of a facility that had actual annual emissions of VOC in 1990, and each year thereafter, of less than 25 tons, may comply with the requirements of this section by obtaining the Department's approval of a compliance plan and implementing such a plan. To comply in this manner, the owner or operator shall submit a proposed compliance plan pursuant to (e)1 below, obtain the Department's approval of the plan pursuant to (j) below, and implement the plan pursuant to (e)2 below.

1.The owner or operator shall submit to the Department a proposed compliance plan that includes the following information, and is certified by the owner or operator pursuant to 7:27-1.39;

i. Documentation establishing that the actual annual emissions of VOC from the facility in 1990 and each year thereafter were less than 25 tons. If the facility did not commence operations until after 1990, the documentation shall address each year beginning with the year that operations commenced. The documentation shall include records maintained at the facility and any report of actual emissions, including any emission statement, submitted for the facility to the Department for the relevant years;

ii. A statement of the owner or operator's intent to reduce the facility's potential to emit VOC to less than 25 tons per year;

iii. A description of how the reduction of the facility's potential to emit is to be achieved;

iv. Complete applications for amendments to any existing permit or for any new permit required to achieve the reduction of the facility's potential to emit VOC to less than 25 tons per year; and

v. Proposed recordkeeping requirements sufficient to document the owner or operator's continued compliance with the plan.

2. By May 31, 1995, the owner or operator of the facility shall reduce the facility's potential to emit VOC to less than 25 tons per year and achieve compliance with all new or amended permits.

(f) Within 30 days after receiving a proposed facility-specific VOC control plan submitted pursuant to (b)2 above, or a proposed compliance plan submitted pursuant to (e) above, the Department will notify the owner or operator in writing whether the submission includes sufficient information to commence review. If the submission does not contain sufficient information to complete the review, the Department will include in the notice a list of the deficiencies, a statement of the additional information required to make the submission complete, and a time by which the owner or operator must make a complete submission. The Department may refrain from reviewing the substance of the submission until the additional information is provided to the Department.

(g) Failure by an owner or operator to submit the additional information requested by the Department pursuant to (f) above within the time stated in the Department's notification constitutes a violation of this subchapter. In such case, the Department may deny the submission and pursue its other remedies.

(h) The Department shall seek comments from the general public before making any final decision to approve or disapprove a proposed alternative or facility-specific VOC control plan. The Department shall publish a Notice of Opportunity for Public Comment in a newspaper for general circulation in the area in which the major VOC facility is located. In addition, the Department shall submit any approved alternative or facility-specific VOC control plan to EPA for approval as a revision to New Jersey's State Implementation Plan.

(i) Within six months after receiving a complete proposed alternative or facility-specific VOC control plan, the Department will approve, approve and modify, or disapprove the proposed plan and notify the owner or operator of the decision in writing. The Department will approve the proposed plan only if it satisfies the following requirements:

1. The proposed plan contains all of the information required under (d) above;

2. The proposed plan considers all control technologies available for the control of VOC emissions from the type of equipment or source operation in question;

3. For any control technologies described at (i)2 above that the owner or operator does not propose to use on the equipment or source operation, the proposed plan demonstrates that the control technology:

i. Would be less effective in controlling VOC emissions from the equipment or source operation than the proposed measures;

ii. Is unsuitable for use with the source operation, or duplicative of control technology or pollution prevention measure which the plan proposes to use;

iii. Would carry costs disproportionate to the improvement in the reduction of the VOC emissions rate which the control technology is likely to achieve, or disproportionately large in comparison to the total reduction in VOC emissions which the control technology is likely to achieve over its useful life; or

iv. Would carry costs disproportionate to the costs incurred for the control of VOC emissions from the same type of source operations used by all other persons in the owner or operator's industry;

4. The emission limit proposed for each source operation is the lowest rate that can practicably be achieved at a cost within the limits described at (i)3iii and iv above;

5. The cost of achieving an additional emission reduction beyond each proposed limit would be disproportionate to the size and environmental impact of that additional emission reduction; and

6. For any pollution prevention or other emission reduction measures proposed by the owner or operator, the proposed plan demonstrates that the measures:

i. Result in actual reductions in VOC emissions;

ii. Result in VOC emission reductions which are quantifiable; and

iii. Result in VOC emission reductions which are Federally enforceable.

(j) Within six months after receiving a complete compliance plan submitted pursuant to (e) above, the Department will approve, approve and modify, or disapprove the proposed compliance plan and notify the owner or operator of the decision in writing. The Department will approve the proposed compliance plan only if it satisfies the following conditions:

1. The compliance plan contains all of the information required pursuant to (e) above;

2. The compliance plan demonstrates to the Department's satisfaction that actual emissions of VOC, including fugitive VOC emissions, in 1990 (or the first year of the facility's operations, if operations commenced after 1990) and each year thereafter are less than 25 tons;

3. The proposed recordkeeping requirements are sufficient to enable the Department to verify that the owner or operator is complying with the plan; and

4. The compliance plan demonstrates that the potential to emit VOC will be less than 25 tons if the plan is approved and implemented.

(k) As a condition of an approval issued under this section, the Department may impose requirements upon the operation of the source operation(s) necessary to minimize any adverse impact upon human health, welfare and the environment.

(l) Before altering any source operation that is included in an approved alternative or facilityspecific VOC control plan, approved compliance plan, or demonstration (except as authorized or required in the approval), the owner or operator shall:

1. Pursuant to this section, apply for, and obtain, the Department's approval of an amendment to the approved compliance plan, VOC control plan, or demonstration, reflecting the proposed alteration. If the owner or operator does not obtain the Department's approval of the amendment before commencing operation of the altered equipment or source operation, the Department may (in addition to assessing penalties pursuant to N.J.A.C. 7:27A-3.10) modify the VOC control plan, compliance plan, or demonstration to reflect the alteration, in a manner satisfying the criteria set forth at (i) or (j) above; and

2. Apply for and obtain any preconstruction permit and certificate or operating permit, or change thereto, required for the alteration. Each application must be submitted with the application to amend the VOC control plan.

(m) The Department will revoke an approval of an alternative VOC control plan by written notice to the holder of the approval if EPA denies approval of the proposed VOC plan as a revision to the State Implementation Plan. The Department may revoke an approval of an alternative or facility-specific VOC control plan, compliance plan or demonstration by written notice to the holder of the approval, if:

1. Any material condition of the approval is violated;

2. The Department determines that its decision to grant the approval was materially affected by a misstatement or omission of fact in the owner or operator's submission or any supporting documentation; or

3. The Department determines that continued use of the subject source operation pursuant to the approval poses a potential threat to the public health, welfare or the environment.

4. For an alternative or facility-specific VOC control plan, EPA denies approval of the plan as a revision to the State Implementation Plan.

(n) A person may request an adjudicatory hearing in accordance with the procedure at N.J.A.C. 7:27-1.32, if:

1. The Department has denied the person's application for approval under this section for any other reason than an EPA rejection of the SIP revision;

2. The person seeks to contest one or more conditions of the Department's approval imposed pursuant to (k) above; or

3. The Department has revoked the person's approval pursuant to (m)1 through 3 above.

(o) After receipt of a written request from an owner or operator, the Department may authorize one non-renewable 60-day extension of the deadline set forth in (c)3 above. Written requests for the extension of a deadline shall be submitted to the address listed below: Administrator

Air Compliance and Enforcement

Department of Environmental Protection

(p) The owner or operator submitting a proposed alternative or facility-specific VOC control plan, compliance plan, or demonstration shall send it to the Department at the following address:

Department of Environmental Protection

Air Quality Regulation and Planning

Bureau of Stationary Sources--Operating Permit Section

401 East State Street, 2nd Floor

Mail Code 401-02

PO Box 420

Trenton, New Jersey 08625-0420

(q) If a source operation is covered by a preconstruction permit and operating certificate or an operating permit, either of which requires the source operation to utilize a control apparatus which attains at least 90 percent capture and 90 percent control, the owner or operator need only be in compliance with that permit or certificate to be deemed in compliance with this section; the owner or operator need not submit the demonstration required by (b) above.

N.J. Admin. Code § 7:27-16.17

Adopted by 50 N.J.R. 409(a), effective 1/16/2018

Amended by 54 N.J.R. 560(a), effective 4/4/2022