N.J. Admin. Code § 7:27-19.14

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

Section 7:27-19.14 - Procedures for obtaining approvals under this subchapter

(a) This section establishes the procedure for obtaining any of the following from the Department:

1. An exemption from this subchapter, pursuant to 7:27-19.2(f);

2. Approval of a fuel switching plan under 7:27-19.20, and authorization to operate under the plan;

3. Approval of a plan for phased compliance under 7:27-19.21, 19.22 or 19.23, and authorization to operate under the plan;

4. Approval of compliance with the requirements of 7:27-19.5(c) for a stationary combustion turbine;

5. Approval of an emissions averaging plan under 7:27-19.6, and authorization to operate under the plan; or

6. Approval of an alternative monitoring plan pursuant to 7:27-19.18(b).

(b) The person seeking an approval listed in (a) above shall submit a written application to the Department at the following address: Department of Environmental Protection

Division of Air Quality

Air Quality Permitting Program

Bureau of Air Permits

401 East State Street

Mail Code 401-02

PO Box 420

Trenton, NJ 08625-0420

(c) The person seeking the approval under (a) above shall include the following information in the application submitted under (b) above:

1. Any information required under N.J.A.C. 7:27-19.2(f), 19.5(c), 19.6(b), 19.18(c), 19.20 or 19.21, as applicable;

2. The name, address and telephone number of the owner and the operator of the equipment or source operation which is the subject of the application;

3. The street address of the facility at which the subject equipment or source operation is located;

4. The type of equipment or source operation which is the subject of the application, and its make, model and serial number;

5. For requests submitted under 7:27-19.5(c), a proposed maximum allowable emission rate for the subject stationary combustion turbine;

6. A certification of the application, satisfying the requirements of 7:27-1.39; and

7. Any other information which the Department requests which is reasonably necessary to enable it to determine whether the application satisfies the requirements of (e) below.

(d) Within 30 days after receiving an application, the Department shall notify the applicant in writing whether the application includes all of the information required under (c) above. If the application is incomplete:

1. The Department shall include in the notice a list of the deficiencies, a statement of the additional information required to make the application complete, and the time by which the applicant must submit a complete application;

2. The Department may refrain from reviewing the substance of the application (or any part thereof) until it is complete;

3. The applicant shall submit a complete application within the time stated in the Department's notification; and

4. The Department may reject the application if the applicant fails to submit a complete application within the time stated in the Department's notification.

(e) Within six months after receiving a complete application, the Department shall grant its approval under this section only if:

1. The applicant satisfies all eligibility requirements set forth in 7:27-19.5(c), 19.6(c), 19.20, or 19.21 as applicable; and

2. Any significant net emission of any criteria pollutant (as determined pursuant to 7:27-19.17 or 19.18, as applicable) do not cause or significantly contribute to a violation of a National Ambient Air Quality Standard as determined pursuant to N.J.A.C. 7:27-18, an exceedance of a Federal Prevention of Significant Deterioration increment if applicable, or any violation of the Clean Air Act, 42 U.S.C. 7401 et seq. A significant net emission increase of any criteria pollutant, and the determination of when such an increase causes or significantly contributes to an exceedance of a National Ambient Air Quality Standard, shall be determined pursuant to N.J.A.C. 7:27-18.

(f) As a condition of an approval issued under this section (other than an approval of an exemption pursuant to 7:27-19.2(f) ), the Department may impose requirements upon the operation of the subject equipment or source operation necessary to minimize any adverse impact upon human health, welfare and the environment.

(g) An approval issued under this section is void upon the alteration of equipment or source operation which is the subject of the approval unless:

1. The owner or operator applies for and obtains the Department's approval of a revised approval pursuant to this section, reflecting the proposed alteration; and

2. Before altering the equipment or source operation subject to the approval, the owner or operator applies for and obtains such permits and certificates as are required under N.J.A.C. 7:27-8 or 22, 7:1K-1.5, and any other applicable law or regulation.

(h) The Department may revoke an approval issued under this section, 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 request for the approval or any supporting documentation;

3. The Department determines that as a result of a change in circumstances since the date of the approval, the subject equipment or source operations are able to comply with the applicable section of this subchapter. In revoking an approval pursuant to this paragraph, the Department shall specify an effective date for the revocation which provides the owner or operator with a reasonable amount of time to comply with the applicable section of this subchapter; or

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

(i) A person may request an adjudicatory hearing in accordance with the procedure at 7:27-1.32, if:

1. The Department has denied the person's application for an approval under this section;

2. The person seeks to contest conditions of the approval imposed under (f) above; or

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

(j) If an item of equipment or a source operation has exceeded the maximum allowable emission rate applicable under this subchapter without an approval pursuant to this section, it shall not be a defense to an enforcement action that an application for an approval is pending.

N.J. Admin. Code § 7:27-19.14

Amended by R.1995 d.214, effective 4/17/1995 (operative May 23, 1995).
See: 26 N.J.R. 3298(a), 27 N.J.R. 1581(a).
Amended by R.1998 d.231, effective 5/4/1998 (operative June 12, 1998).
See: 29 N.J.R. 3521(a), 30 N.J.R. 1563(b).
In (c)6, changed N.J.A.C. reference; in (g)2, inserted "or 22, N.J.A.C. 7:1K-1.5,"; and in (i), changed N.J.A.C. reference in the introductory paragraph.
Amended by R.2005 d.343, effective 10/17/2005 (operative date of November 7, 2005).
See: 36 N.J.R. 4228(a), 37 N.J.R. 3976(a).
Substituted "combustion" for "gas" in (a)4 and (c)5; rewrote address in (b).
Administrative change.
See: 43 N.J.R. 2328(a).