N.J. Admin. Code § 7:27-19.6

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

Section 7:27-19.6 - Emissions averaging

(a) The Department may authorize an owner or operator to comply with an averaging plan approved by the Department pursuant to this section and 7:27-19.14. An owner or operator in compliance with such an approved averaging plan is not required to have each averaging unit comply with any emission limit set forth in this subchapter which would be applicable in the absence of an approved averaging plan.

(b) An owner or operator of two or more source operations or items of equipment may request that the Department authorize an averaging plan for two or more averaging units designated by the owner or operator. The owner or operator seeking authorization for averaging shall submit a written application to the Department in accordance with 7:27-19.14(a), (b) and (c). The owner or operator shall include the following information in the application:

1. Information sufficient to identify each averaging unit, including its location, a brief description of the unit (for example, "dry-bottom coal-fired boiler serving an electric generating unit" or "oil-fired simple-cycle combustion turbine"), its permit number, any other identifying numbers, and any other information necessary to distinguish it from other equipment owned or operated by the applicant;

2. The maximum gross heat input rate of each averaging unit, expressed in BTUs per hour;

3. The type of fuel or fuels combusted in each averaging unit;

4. The maximum allowable NO[x] emission rate which the owner or operator proposes to impose upon each averaging unit, expressed in pounds per million BTU;

5. The peak daily heat input rate of each averaging unit or of the designated set, expressed in MMBTU;

6. A demonstration that in operating at the peak daily heat input rate of all the averaging units together or of the designated set would satisfy the following equation: TPEE [LESS THAN]/= TPAE

where:

i. TPEE means total peak estimated emissions and is equal to the sum of the peak estimated emissions for each averaging unit or the peak estimated emission of the designated set. The peak estimated emissions for each averaging unit equals the maximum emission rate listed in (b)4 above for that averaging unit, multiplied by the peak daily heat input rate listed in (b)5 above for that averaging unit. The peak estimated emissions of the designated set equals the sum of the maximum emission rates listed in (b)4 above for each averaging unit multiplied by the daily heat input rate to that averaging unit at the time of the peak daily heat input rate to the designated set as listed in (b)5 above; and

ii. TPAE means total peak allowable emissions, and is equal to the sum of the total peak allowable emissions for each averaging unit or the peak allowable emissions of the designated set. The peak allowable emissions for each averaging unit equals the applicable NO[x] emission limit set forth in 7:27-19.4, 19.5, 19.7, 19.8, 19.9, 19.10 or 19.20 for that averaging unit, multiplied by the peak daily heat input rate listed in (b)5 above for that averaging unit. The TPAE of the designated set means the applicable NO[x] emission limit for each averaging unit multiplied by the heat input rate to that averaging unit at the time of the peak daily heat input rate to the designated set. For an averaging unit that is included in a seasonal fuel switching plan under 7:27-19.20, the applicable NO[x] emission limit from May 1 through September 30 is the limit established under 7:27-19.20(d) or 19.20(g)3 as applicable, and the applicable NO[x] emission limit from October 1 through April 30 is the limit established under 7:27-19.20(g)4;

7. The method to be used to measure the actual NO[x] emission rate of each averaging unit;

8. The name and phone number of the individual responsible for the recordkeeping required under (g) below; and

9. Any other information which the Department requests, which is reasonably necessary to enable it to determine whether the averaging units designated by the owner or operator will comply with the requirements of this section.

(c) The Department shall approve an averaging plan only if the following requirements are satisfied:

1. Each averaging unit can satisfy the maximum allowable NO[x] emission rate which the owner or operator proposed under (b)4 above for that averaging unit;

2. The request for authorization satisfies all requirements of (b) above; and

3. The owner and operator of the averaging units to be included in the designated set enter into a Federally enforceable agreement with the Department (such as the inclusion of conditions in the applicable permits or operating certificates, or both), requiring any averaging unit for which the NO[x] emission rate specified under (b)4 above is less than the applicable maximum allowable NO[x] emission rate specified at 7:27-19.4, 19.5, 19.7, 19.8, 19.9, 19.10 or 19.20 to continue to emit NO[x] at a rate no greater than that specified under (b)4 above.

(d) The owner or operator of the designated set shall operate each unit in the designated set in compliance with the following:

1. The actual NO[x] emissions from each averaging unit in the designated set, averaged over the appropriate time period specified in (f) below, shall not exceed the maximum allowable NO[x] emission rate specified in (b)4 above for that averaging unit; and

2. The sum of the actual NO[x] emissions from all averaging units in the designated set, averaged over the appropriate time period specified in (f) below, shall not exceed the sum of the allowable NO[x] emissions for all averaging units in the designated set. The allowable NO[x] emissions for each averaging unit is calculated according to the following formula:

Allowable NO[x] emissions = H x AL

where:

i. H means the actual heat input to the averaging unit during the appropriate time interval specified in (f) below. The heat input is expressed in millions of BTUs, based on the higher heating value of the fuel burned; and

ii. AL means the applicable NO[x] emission limit set forth in 7:27-19.4, 19.5, 19.7, 19.8, 19.9, 19.10 or 19.20 for that averaging unit, expressed in pounds of NO[x] per million BTUs. For an averaging unit that is included in a seasonal fuel switching plan under 7:27-19.20, the applicable NO[x] emission limit from May 1 through September 30 is the limit established under 7:27-19.20(g) 3, and the applicable NO[x] emission limit from October 1 through April 30 is the limit established under 7:27-19.20(g)4.

(e) The owner or operator of the designated set shall calculate the actual NO[x] emissions of each averaging unit using emissions data from a continuous emissions monitoring system satisfying the requirements of 7:27-19.18. The owner or operator may comply with this requirement using emissions data derived in accordance with a monitoring plan for limited installation of continuous emissions monitoring systems approved by the Department under 7:27-19.18(e).

(f) The owner or operator shall demonstrate compliance with this section as follows:

1. The owner or operator shall determine whether the operations of the designated set and of each averaging unit comply with this section for each calendar day during the period beginning May 1 and ending September 30 of each year. The owner or operator shall base the calculations required under (d)1 and 2 above upon the heat input and NO[x] emissions for each averaging unit over the entire calendar day. The owner or operator shall perform the calculations and make a record of them within three working days after the date which is the subject of the calculation; and

2. The owner or operator shall determine whether the operations of the designated set and of each averaging unit comply with this section for the 30-day period ending on October 1 of each year, and the 30-day period ending on each subsequent day through April 30 of the following year. The owner or operator shall base the calculations required under (d)1 and 2 above upon the heat input and NO[x] emissions for each averaging unit over the entire 30-day period. The owner or operator shall perform the calculations and make a record of them by the 15th day of each month, for all 30-day periods ending in the preceding month.

(g) The owner or operator of a designated set shall maintain the records listed below for five years from the date on which each record was made. The owner or operator shall maintain such records in a permanently bound log book or an electronic method, in a format that enables the Department to readily determine whether the designated set and each averaging unit are in compliance. The owner or operator shall maintain the following records:

1. The unique identifier for each averaging unit included in the designated set as specified in (b)1 above;

2. The time period for which the data is being recorded;

3. The date upon which the data was recorded;

4. The amount, type and higher heating value of the fuel(s) consumed over the subject time period;

5. The amount of NO[x] (expressed in pounds or tons) emitted by each averaging unit over the subject time period;

6. Whether the amount exceeds the allowable rate for the averaging unit specified under (b)4 above;

7. The sum of the amounts listed in (g)5 above for all averaging units;

8. The allowable NO[x] emissions calculated pursuant to (d)2 above; and

9. Any other information required to be maintained as a condition of approval granted pursuant to (b) above.

(h) The owner or operator of a designated set shall submit quarterly reports to the Department on April 30, July 30, October 30 and January 30 of each year, for the immediately preceding calendar quarter ending March 31, June 30, September 30 and December 31, respectively. The owner or operator shall submit the report to the Department at the address set forth in (k) below. The owner or operator shall include the following information in the quarterly report:

1. The information listed in (g)2 and 3 above;

2. In the report for the quarter ending March 31, the compliance determination required under (f)2 above for each 30-day period ending on a calendar day within the quarter;

3. In the report for the quarter ending June 30:

i. The compliance determination required under (f)2 above for each 30-day period ending on a calendar day from April 1 through May 14, inclusive; and

ii. The compliance determination required under (f)1 above for each calendar day from May 15 through June 30, inclusive;

4. In the report for the quarter ending September 30, the compliance determination required under (f)1 above for each calendar day from July 1 through September 30; and

5. In the report for the quarter ending December 31, the compliance determination required under (f)2 above for each 30-day period ending on a calendar day within the quarter.

(i) If the emissions from the designated set or from any averaging unit do not comply with (d) above for any time period described in (f) above, the owner or operator of the designated set shall deliver (as opposed to send) written notice of the non-compliance to the Department within two working days after the date on which the owner or operator was required to calculate compliance under (f) above. The owner or operator shall provide the notice in writing to the Regional Enforcement Officer, at the address specified at 7:27-19.3(i) for the county in which the averaging unit with the highest NO[x] emission rate is located. The owner or operator shall include the following information in the notification:

1. The name of the owner or operator;

2. The name and telephone number of the person specified in (b)7 above;

3. All information required to be recorded under (h) above;

4. A statement of the reason(s) for the non-compliance, if known; and

5. Certification of the notification, in accordance with 7:27-1.39.

(j) An owner or operator of an averaging unit which cannot be operated due to sudden and reasonably unforeseeable circumstances beyond the control of the owner or operator, including, but not limited to, a Generator Forced/Unplanned Outage as defined by PJM Manual 35: Definitions and Acronyms, Revision: 14, Effective Date: October 21, 2008 at http://www.pjm.com/documents/manuals/ /media/documents/manuals/m35.ashx, which definition is incorporated herein by reference, as supplemented or amended, and for which the NO[x] emission rate specified under (b)4 above is less than the applicable maximum allowable NO[x] emission rate under 7:27-19.4, 19.5, 19.7, 19.8, or 19.10 shall take the following actions:

1. Within two working days after the averaging unit ceased operating, deliver (as opposed to send) written preliminary notice to the Department. This preliminary notice shall be followed up within 30 calendar days of the occurrence of the incident certifying the information in accordance with 7:27-1.39. In the written notice, the owner or operator shall identify the unit which is or was not operating, and state why it is or was not operating;

2. If circumstances beyond the control of the owner or operator make it impracticable either to repair the averaging unit within 15 calendar days after it ceased operating, or to comply with the averaging plan without operating the unit (for example, through reducing the operations of another unit and purchasing electric power from another source), include in the notice described in (j)1 above an explanation of those circumstances and an estimate of the time required to repair the averaging unit; and

3. In determining whether the designated set is in compliance with (d)2 above, assume that the NO[x] emissions and heat input for the non-operational averaging unit for each of the first 15 days of non-operation (or such longer period, not to exceed six months, as the Department determines is necessary to repair the averaging unit based on the information submitted under (j)2 above) are equal to the actual emissions and heat input for that unit on the most recent comparable demand day. For each day after the end of the period described above, assume that the NO[x] emissions and heat input for the non-operational averaging unit are zero.

(k) A person required to submit a quarterly report to the Department under (h) above shall send the quarterly report to the applicable address listed below:

1. If the averaging unit with the highest NO[x] emission limit is located in Burlington County, Mercer County, Middlesex County, Monmouth County, or Ocean County, the person shall send the quarterly report to: Department of Environmental Protection

Bureau of Air Compliance & Enforcement - Central

4 Station Plaza

Mail Code 22-03A

PO Box 420

Trenton, NJ 08625-0420

2. If the averaging unit with the highest NO[x] emission limit is located in Bergen County, Essex County, Hudson County, Hunterdon County, Morris County, Passaic County, Somerset County, Sussex County, Union County, or Warren County, the person shall send the quarterly report to:

Department of Environmental Protection

Bureau of Air Compliance & Enforcement - Northern

7 Ridgedale Avenue

Cedar Knolls, NJ 07927

3. If the averaging unit with the highest NO[x] emission limit is located in Atlantic County, Camden County, Cape May County, Cumberland County, Gloucester County, or Salem County, the person shall send the quarterly report to:

Department of Environmental Protection

Bureau of Air Compliance & Enforcement - Southern

2 Riverside Drive, Suite 201

Camden, NJ 08103-1013

N.J. Admin. Code § 7:27-19.6

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.1996 d.303, effective 7/1/1996 (operative August 2, 1996).
See: 28 N.J.R. 1147(b), 28 N.J.R. 3414(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 (i)5 and (j)1, changed N.J.A.C. references.
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 (b)6ii and (d)2ii, substituted references to September 30 for references to September 15 and substituted references to October 1 for references to September 16; in (f), substituted a reference to September 30 for a reference to September 15 in 1, and substituted a reference to October 1 for a reference to September 16 in 2; and rewrote (h)4.
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).
In (b)1, deleted "utility", added "serving an electric generating unit" and substituted "combustion" for "gas"; in (h), substituted "(k)" for "( l)"; added (k).
Administrative correction.
See: 38 N.J.R. 5155(b).
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).
Rewrote the introductory paragraph of (j).
Administrative change.
See: 43 N.J.R. 2328(a).