N.J. Admin. Code § 7:27-16.1A

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

Section 7:27-16.1A - Purpose, scope, applicability, and severability

(a) This subchapter establishes requirements and procedures concerning the control and prohibition of air pollution by volatile organic compounds (VOC). The general purposes of this subchapter are as follows:

1. To require any stationary source operation or group of source operations located at a facility to utilize reasonably available control technology (RACT) to control VOC emissions. RACT is the lowest emission limitation that a particular source is capable of meeting by the application of air pollution control technology and/or pollution prevention measures which are reasonably available considering technological and economic feasibility. Specific applicability thresholds are provided throughout the subchapter. Carbon monoxide limits are included for combustion sources, in order to control VOC emissions, which are also products of incomplete combustion; and

2. To establish standards and emission limits for certain vessels which contain VOCs and which may be carried or transported or are otherwise capable of being moved, including delivery vessels.

(b) As set forth at N.J.A.C. 7:27-17.4, 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, applies with full force to Group II TXS until the Department amends this subchapter in response to an EPA rulemaking or otherwise.

(c) Whenever persons, equipment, control apparatus or any VOC subject to the provisions of this subchapter are also subject to the provisions of any other subchapters of this chapter, the requirements of the relevant provisions of this subchapter and all subchapters of this chapter will apply.

(d) Whenever a VOC subject to the emission rate provisions of this subchapter is also subject to the emission rate provisions of any other subchapters of the chapter, the relevant provisions of the subchapter requiring the lowest allowable rate will apply.

(e) Each owner and each operator of any equipment or source operation subject to this subchapter is responsible for ensuring compliance with all requirements of this subchapter. If there is more than one owner or operator of the equipment or source operation, each owner and each operator is jointly and severally liable for any penalties for violations of this subchapter.

(f) On and after April 25, 2004, no owner or operator of a source operation subject to a VOC emissions limit under this subchapter may comply with the limit through the use of discrete emission reduction (DER) credits.

(g) -(h) (Reserved)

(i) If any provision of this subchapter or the application thereof to any person or circumstance is adjudicated to be invalid or unenforceable to any extent, the remainder of this subchapter or its application to any person or circumstance other than those that are the subject of the adjudication shall continue to be unaffected by the adjudication.

N.J. Admin. Code § 7:27-16.1A

Recodified from 7:27-16.11 and amended by R.1994 d.313, effective 6/20/1994 (operative July 26, 1994).
See: 25 N.J.R. 3339(a), 26 N.J.R. 2600(a).
Amended by R.1996 d.303, effective 7/1/1996 (operative August 2, 1996).
See: 28 N.J.R. 1147(b), 28 N.J.R. 3414(a).
Added (f) and designated former (f) as (g).
Amended by R.2003 d.224, effective 6/2/2003 (operative June 29, 2003).
See: 34 N.J.R. 2489(a), 35 N.J.R. 2509(a).
Rewrote (a).
Amended by R.2004 d.129, effective 4/5/2004 (operative April 25, 2004).
See: 35 N.J.R. 3486(a), 36 N.J.R. 1791(a).
Rewrote (f); added a new (g) and (h); recodified former (g) as (i).
Amended by R.2009 d.137, effective 4/20/2009 (operative May 19, 2009).
See: 40 N.J.R. 4390(a), 41 N.J.R. 1752(a).
Reserved (g) and (h).

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