N.J. Admin. Code § 7:27-19.23

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

Section 7:27-19.23 - Phased compliance-use of innovative control technology

(a) The owner or operator of a combustion source included in a phased compliance plan is authorized to comply with the plan if the Department approves the plan pursuant to this section and 7:27-19.14. The owner or operator's compliance with the plan is in lieu of causing the combustion source to comply with the emission limit under 7:27-19.4, 19.5, 19.7, 19.8, 19.9 or 19.10 that would otherwise apply to the combustion source.

(b) By June 22, 1995 (or by February 7, 2006 for any facility, equipment or source operation that is subject to a NO[x] emissions limit under this subchapter as set forth at 7:27-19.5(d), 19.7(h), or 19.8(e)), an owner or operator seeking approval of an innovative control technology plan shall submit to the Department an application pursuant to 7:27-19.14 and the plan itself pursuant to (c) below. If an owner or operator fails to submit the application by the applicable date, the Department may reject the application. The Department may elect to process a late application, based on how late the application is, the nature and extent of the owner or operator's efforts to submit the application on time, whether the owner or operator advised the Department before the application due date that a late application would be submitted, and the extent of the emission reductions promised in the late application. If the Department elects to process a late application, the pendency of the application shall not be a defense to a violation of a NO[x] emission limit to which the source would be subject in the absence of an approved plan.

(c) The owner or operator shall include the following information in the innovative control technology plan with respect to each combustion source included in the plan:

1. Information sufficient to identify the combustion source, including a brief description (for example, "dry-bottom coal-fired boiler serving an electric generating unit"), its location, its permit number, the company stack designation, and any other identifying numbers, and any other information necessary to distinguish it from other equipment owned or operated by the owner or operator;

2. A description of the NO[x] control measures that the owner or operator proposes to employ as innovative control technology;

3. The rate of NO[x] emissions that the owner or operator expects that the source will attain in employing the proposed innovative control technology, and the basis for that expectation;

4. Information establishing that the proposed innovative control technology is technically sound and sufficiently developed to be implemented by May 1, 1999 (or by November 7, 2009 for any facility, equipment or source operation that is subject to a NO[x] emissions limit under this subchapter as set forth at 7:27-19.5(d), 19.7(h), or 19.8(e));

5. A proposed schedule setting dates by which the owner or operator will complete the following milestones for the combustion source:

i. Submitting applications for all necessary permits and certificates;

ii. Obtaining all necessary permits and certificates;

iii. Awarding contracts for the implementation of the innovative control technology, or placing orders for the purchase of any component parts, equipment and/or control apparatus associated with the innovative control technology;

iv. Awarding contracts and initiating implementation of the innovative control technology (including any construction and/or installation, if applicable); and

v. Completing the implementation of the innovative control technology.

6. Specific procedures and schedules for implementing interim measures for control of NO[x] emissions for the combustion source during the interim period;

7. A list of all NO[x] control technologies available for interim use with the combustion source during the interim period;

8. An analysis of the technological feasibility of installing and operating each NO[x] emission control technology identified in (c)7 above for the interim period;

9. For each control technology that is technologically feasible to install and operate, an estimate of the cost of installation and operation;

10. An estimate of the reduction in NO[x] emissions attainable through the use of each control technology which is technologically feasible to install and operate. If a control technology installed before the innovative control technology is implemented cannot be used after that time, the owner or operator may limit the estimate of emission reductions to those that will be attained during the interim period;

11. An analysis of the cost-effectiveness of each control technology, based on the costs of installation and operation under (c)9 above and the estimated emission reductions under (c)10 above;

12. The NO[x] control measures that the owner or operator proposes to employ during the interim period;

13. The proposed interim NO[x] emission limit with which the source will comply during the interim period;

14. The method to be used to measure the actual NO[x] emission rate of the combustion source;

15. The name and business telephone number of the person responsible for recordkeeping and reporting under 7:27-19.19 and under (e)8 below; and

16. Any other information that the Department requests, which is reasonably necessary to enable it to determine whether the operation of combustion sources included in the plan will comply with the requirements of this section.

(d) The Department shall approve an innovative control technology plan only if the following requirements are satisfied:

1. The application satisfies all the requirements of 7:27-19.14 and (c) above, including the requirement that the plan consider all control technologies available for the control of NO[x] emissions during the interim period from each type of combustion source included in the plan;

2. The innovative control technology proposed for each combustion source in the plan:

i. Has a substantial likelihood of enabling the source to achieve greater continuous NO[x] emissions reductions than are required to meet the applicable limit under 7:27-19.4, 19.5, 19.7, 19.8, 19.9 or 19.10. If the expected extent of NO[x] emission reductions is only marginally greater than are required to meet the applicable limit, the proposed innovative control technology will not be deemed to meet this standard;

ii. Is technically sound;

iii. Is sufficiently developed so that it can be implemented by May 1, 1999 (or by November 7, 2009 for any facility, equipment or source operation that is subject to a NO[x] emissions limit under this subchapter as set forth at 7:27-19.5(d), 19.7(h), or 19.8(e)); and

iv. Cannot practicably be implemented by May 31, 1995 (or by March 7, 2007 for any facility, equipment or source operation that is subject to a NO[x] emissions limit under this subchapter as set forth at 7:27-19.5(d), 19.7(h), or 19.8(e)).

3. The completion date listed in (c)5v above is no later than May 1, 1999;

4. For any control technologies described in (c)7 above that the owner or operator does not propose to use with the combustion source during the interim period, the proposed plan demonstrates that the control technology:

i. Would be ineffective in controlling NO[x] emissions from the combustion source;

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

iii. Would carry costs disproportionate to the improvement in the reduction of the NO[x] emissions rate that the control technology is likely to achieve, or disproportionately large in comparison to the total reduction in NO[x] emissions that the control technology is likely to achieve during the interim period; or

iv. Would carry costs disproportionate to the costs incurred for the control of NO[x] emissions from the same type of combustion sources used by other persons in the owner or operator's industry who are also subject to the NO[x] RACT requirements of P.L. 101-549, 182(f).

5. For each combustion source included in the plan, the interim emission limit proposed under (c)13 above is the lowest rate that can practicably be achieved at a cost within the limits described in (d)4iii and iv above;

6. For each combustion source included in the plan, the cost of achieving an additional emission reduction beyond the interim emission limit proposed under (c)13 above would be disproportionate to the size and environmental impact of that additional emission reduction; and

7. The owner or operator has entered into an agreement with the Department in accordance with the requirements of (h) below.

(e) An owner or operator who has obtained the Department's approval of an innovative control technology plan shall:

1. Beginning on May 31, 1995 (or on March 7, 2007 for any facility, equipment or source operation that is subject to a NO[x] emissions limit under this subchapter as set forth at 7:27-19.5(d), 19.7(h), or 19.8(e)), operate all combustion sources included in the approved plan in a manner that complies with the plan and with all conditions of the Department's approval;

2. Meet the compliance milestones in the approved plan;

3. Implement the innovative control technology for the combustion sources included in the plan by the date specified in the approved plan;

4. Beginning on May 31, 1995 (or on March 7, 2007 for any facility, equipment or source operation that is subject to a NO[x] emissions limit under this subchapter as set forth at 7:27-19.5(d), 19.7(h), or 19.8(e)), determine the actual NO[x] emissions from each combustion source included in the innovative control technology plan in accordance with 7:27-19.15(a);

5. If the approved plan provides for the owner or operator to annually adjust the combustion process for a combustion source included in the plan, do so in accordance with the general procedures set forth at 7:27-19.16 before May 1 of each calendar year beginning with 1995, until the innovative control technology is implemented;

6. Beginning on May 31, 1995 (or on March 7, 2007 for any facility, equipment or source operation that is subject to a NO[x] emissions limit under this subchapter as set forth at 7:27-19.5(d), 19.7(h), or 19.8(e)), comply with the recordkeeping and reporting requirements of 7:27-19.19;

7. Within 15 days after the date specified in the approved innovative control technology plan for completion of a milestone listed in (c)5 above, notify the Department in writing that the milestone has or has not been completed. If the milestone has not been completed, the owner or operator shall include in the notice the reason for the delay and the expected date on which the milestone will be completed;

8. Incorporate advances in the art of air pollution control into each source included in the plan, as required in the preconstruction permit for the replacement equipment; and

9. If the innovative control technology for any combustion source included in the plan is not implemented by May 1, 1999, cease operating the combustion source by May 1, 1999, except if any owner or operator of a facility, equipment or source operation that is subject to a NO[x] emissions limit under this subchapter as set forth at 7:27-19.5(d), 19.7(h), 19.8(e) does not implement by November 7, 2009 the innovative control technology for the combustion source included in its innovative control technology plan, the equipment or source must comply with the applicable NO[x] emissions limit set forth in this subchapter by November 7, 2009.

(f) Except as provided in (g) below:

1. The Department shall seek comments from the general public before making any final decision to approve or disapprove a proposed innovative control technology plan. The Department shall publish notice of opportunity for public comment in a newspaper of general circulation in the area in which each combustion source included in the plan is located;

2. The Department shall submit any innovative control technology plan (and agreement under (h) below) approved under this section to EPA, as a proposed revision to New Jersey's State Implementation Plan; and

3. Upon EPA's approval of the revision to New Jersey's State Implementation Plan, the innovative control technology plan and agreement under (h) below shall be federally enforceable. Plans listed under (g) below shall be federally enforceable upon the issuance of the Department's approval.

(g) An innovative control technology plan approved under this section is not required to be submitted to EPA as a proposed revision to New Jersey's State Implementation Plan, if the plan provides that NO[x] emissions from each combustion source included in the plan will be controlled during the interim period through one of the following methods:

1. Fuel switching under 7:27-19.20;

2. The use of selective non-catalytic reduction.

(h) Before the Department approves an innovative control technology plan, the owner or operator shall enter into a Federally enforceable agreement containing the following provisions:

1. Information sufficient to identify the owner or operator;

2. Information sufficient to identify the combustion source, including a brief description (for example, "dry-bottom coal-fired boiler serving an electric generating unit"), its location, its permit number, the company stack designation, and any other identifying numbers, and any other information necessary to distinguish it from other equipment owned or operated by the owner or operator;

3. The owner or operator's undertaking of the following duties:

i. Completing the milestones listed in (c)5 above by specified dates;

ii. Implementing interim measures to control NO[x] emissions from each combustion source during the interim period;

iii. Causing each combustion source to emit NO[x] at a rate no greater than a specified interim NO[x] emission limit applicable during the interim period;

iv. Using a specified method to measure the actual NO[x] emission rate of the combustion source; and

v. Maintaining the Department's approval in effect;

4. A provision for delay of compliance caused by a "force majeure" event beyond the control of and without the fault of the owner or operator;

5. A provision under which the Department can terminate the agreement and its approval of the innovative control technology plan if the owner or operator materially fails to complete implementation of the innovative control technology or any other milestone by the date specified in the approved plan, or if the innovative control technology program fails to achieve the required reduction levels. By the date specified by the Department in the agreement, in its approval of the plan, or in the notice of termination, the owner or operator shall attain compliance with the NO[x] emissions limit under this subchapter that would apply to the combustion source in the absence of an approved plan. Termination of the agreement and the approval of the plan is in addition to any other remedies the Department has under this chapter and N.J.A.C. 7:27A; and

6. Other provisions necessary to make the agreement federally enforceable, to accomplish the purposes of this subchapter, or to allow the agreement to be administered effectively.

N.J. Admin. Code § 7:27-19.23

New Rule, 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.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 (e)10.
Amended by R.2000 d.204, effective 5/15/2000 (operative June 6, 2000).
See: 31 N.J.R. 1671(a), 32 N.J.R. 1808(a).
In (e)10, inserted ", through use of DER credits in accordance with N.J.A.C. 7:27-30," following "Compensate".
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).
In (e), deleted 10.
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).
Rewrote (b), (c), (d), (e), and in (h)2 deleted "utility" and added "serving an electric generating unit" after "boiler".