N.J. Admin. Code § 7:27-19.2

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

Section 7:27-19.2 - Purpose, scope, and applicability

(a) This subchapter establishes requirements and procedures concerning the control and prohibition of air pollution by oxides of nitrogen. The general purpose of this subchapter is to require the owner or operator of certain stationary source operations to use reasonably available control technology (RACT) to prevent or control NO[x] emissions. EPA defines RACT to mean the lowest emission limitation that a particular source is capable of meeting by the application of air pollution control technology which is reasonably available considering technological and economic feasibility.

(b) The following types of equipment and source operations are subject to the provisions of this subchapter:

1. Any boiler serving an electric generating unit, located at a major NO[x]facility;

2. Until March 7, 2007, any industrial/commercial/institutional boiler or other indirect heat exchanger that has a maximum gross heat input rate of at least 20 million BTUs per hour, located at a major NO[x] facility. On and after March 7, 2007, the applicability of this subchapter to an industrial/commercial/institutional boiler or other indirect heat exchanger shall be determined by (c)1 below;

3. Until March 7, 2007, any stationary combustion turbine that has a maximum gross heat input rate of at least 30 million BTUs per hour, located at a major NO[x]facility. On and after March 7, 2007, the applicability of this subchapter to an stationary combustion turbine shall be determined by (c)2 below:

4. Any stationary reciprocating engine capable of producing an output of 500 brake horsepower or more and located at a major NO[x] facility. In addition, on and after March 7, 2007, the applicability of this subchapter to a stationary reciprocating engine or group of stationary reciprocating engines, used for generating electricity, shall be determined by (c)3 and 4 below;

5. Any rotary dryer located at an asphalt pavement production plant;

6. Any glass manufacturing furnace producing commercial container glass, and having a maximum potential production rate of at least 14 tons of glass removed from the furnace per day and having the potential to emit more than 10 tons of NO[x]per year;

7. Any glass manufacturing furnace producing specialty container glass, and having a maximum potential production rate of at least seven tons of glass removed from the furnace per day and having the potential to emit more than 10 tons of NO[x]per year;

8. Any glass manufacturing furnace producing borosilicate recipe glass, and having a maximum potential production rate of at least five tons of glass removed from the furnace per day, and having the potential to emit more than 10 tons of NO[x]per year;

9. Any glass manufacturing furnace producing blown glass, fiberglass, flat glass, or pressed glass having the potential to emit more than 10 tons of NO[x] per year;

10. Any municipal solid waste incinerator;

11. Any sewage sludge incinerator;

12. Any simple cycle combustion turbine combusting natural gas and compressing gaseous fuel at a major NO facility;

13. Any stationary reciprocating engine capable of producing an output of 200 bhp or more but less than 500 bhp, combusting natural gas, and compressing gaseous fuel at a major NO facility ; and

14. Any other equipment or source operation not specifically listed at (b)1 through 13 above or (c) below that has the potential to emit more than 10 tons of NO per year.

(c) On and after March 7, 2007, in addition to the types of equipment and source operations listed at (b) above, the following types of equipment or source operations shall be subject to the provisions of this subchapter:

1. Any industrial/commercial/institutional boiler or other indirect heat exchanger that has a maximum gross heat input rate of at least five million BTU per hour, whether or not it is located at a major NO[x] facility;

2. Any stationary combustion turbine that has a maximum gross heat input rate of at least 25 million BTU per hour, located at a major NO[x] facility;

3. Any stationary reciprocating engine used for generating electricity, whether or not it is located at a major NO[x] facility, that has a maximum rated power output of:

i. One hundred forty-eight kilowatt or greater; or

ii. Thirty-seven kilowatt or greater, if the engine has either commenced operation at the facility or is modified on or after March 7, 2007; and

4. Any group of two or more stationary reciprocating engines used for generating electricity, each of which has a maximum rated power output of 37 kW or greater, but less than 148 kW, and whose total combined power output is 148 kW or greater, whether or not the group of engines is located at a major NO[x]facility.

(d) Notwithstanding the provisions of (b) and (c) above, compliance with the recordkeeping requirements applicable to emergency generators set forth at N.J.A.C. 7:27-19.11 shall satisfy all requirements in this subchapter for any equipment that is solely used as an emergency generator, as defined at N.J.A.C. 7:27-19.1. Emergency generators shall not be used:

1. Except as specified at paragraph 2 of the definition of emergency generator at N.J.A.C. 7:27-19.1, and during the performance of normal testing and maintenance procedures, as recommended in writing by the manufacturer and/or as required by a Federal or State statute or regulation;

2. For normal testing and maintenance under 1 above, except as set forth in this paragraph, on days when the Department forecasts air quality anywhere in New Jersey to be "unhealthy for sensitive groups," "unhealthy," or "very unhealthy" as defined in the EPA's Air Quality Index, at http://airnow.gov, incorporated herein by reference, as amended and supplemented, unless required in writing by a Federal or State law or regulation. Procedures for determining the air quality forecasts for New Jersey are available at the Department's air quality permitting web site at http://www.state.nj.us/dep/aqpp/aqforecast. However, public water systems, wastewater and stormwater systems, and sludge management facilities may perform normal testing and maintenance on their emergency generators, regardless of air quality, during the 48 hours prior to a National Weather Service-designated named storm impacting the facility's area of the State. These entities must notify the Department by calling the hotline at 1-877-WARN-DEP (1-877-927-6337) before conducting such normal testing and maintenance if the air quality forecast at http://www.njaqinow.net/ is unhealthy or worse; and

3. As a source of energy or power after the primary energy or power source has become operable again. If the primary energy or power source is under the control of the owner or operator of the emergency generator, the owner or operator shall make a reasonable, timely effort to repair the primary energy or power source.

(e) Notwithstanding the provisions of (b) and (c) above, this subchapter does not apply to any equipment or source operation for which the EPA determines (when the EPA approves a plan or plan revision) that net air quality benefits are greater in the absence of reductions of oxides of nitrogen from such equipment or source operation.

(f) The owner or operator of a facility containing any equipment or source operation listed in (b)1 through 8 above may apply to the Department for an exemption from this subchapter. The following conditions apply to such exemptions:

1. An owner or operator shall apply for such an exemption in accordance with the procedures set forth in 7:27-19.14;

2. The Department shall approve an exemption only if the facility satisfies the following requirements:

i. The facility's potential to emit NO[x] is less than 25 tons per year; and

ii. The facility's potential to emit NO[x] on any calendar day from May 1 to September 30 is less than 137 pounds per day; and

3. If an exemption was approved for any equipment prior to June 6, 2000, but that equipment no longer qualifies for such an exemption due to amendments in this section operative on June 6, 2000, the owner or operator of such equipment shall comply with the requirements in this subchapter applicable to that equipment by October 6, 2001.

(g) Notwithstanding the provisions of (b) and (c) above, this subchapter does not apply to a stationary reciprocating engine that:

1. Is not connected to the electric power distribution grid;

2. Is not replacing power from the electric power distribution grid (for example, PJM demand curtailment program, peak shavings, demand response, or replacing power to equipment currently powered by the electric power distribution grid); and

3. Is portable and supplying power only to portable equipment.

N.J. Admin. Code § 7:27-19.2

Adopted by 49 N.J.R. 3518(a), effective 11/6/2017

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