N.J. Admin. Code § 7:27-21.3

Current through Register Vol. 56, No. 11, June 3, 2024

Section 7:27-21.3 - General provisions

(a) The owner or operator of a facility to which this subchapter applies, pursuant to 7:27-21.2 and (c) below, shall submit to the Department an Emission Statement for each reporting year in accordance with this subchapter. The Emission Statement shall report the actual air contaminant emissions released from the facility directly or indirectly into the outdoor atmosphere during the year.

(b) An Emission Statement shall include the information required pursuant to N.J.A.C. 7:27-21.5 and shall include emission information for the following air contaminants:

1. If the facility's potential to emit VOC is less than 25 tons per year and if the facility's potential to emit each of the other air contaminants listed in Table 1 at N.J.A.C. 7:27-21.2 is less than the applicable reporting threshold set forth in Table 1 such that the facility is subject to Emission Statement requirements only because its potential to emit VOC is equal to or greater than 10 tons per year, emission information shall be reported only for:

i. The following three Table 1 air contaminants: VOC, NOx and CO;

ii. For reporting year 2017, each of the toxic air pollutants that is listed in N.J.A.C. 7:27-21Appendix 1, Table 1 and for which the facility has a potential to emit that is equal to or greater than the applicable reporting threshold at N.J.A.C. 7:27-21Appendix 1, Table 2; and

iii. For reporting year 2018 and for each year thereafter, each of the toxic air pollutants that is listed in N.J.A.C. 7:27-21Appendix 1, Table 1 and for which the facility has a potential to emit that is equal to or greater than the applicable reporting threshold at N.J.A.C. 7:27-17.9(a);

2. If the facility's potential to emit VOC is equal to or greater than 25 tons per year or if the facility's potential to emit any other air contaminants listed at Table 1 at N.J.A.C. 7:27-21.2 is equal to or greater than the reporting threshold, emission information shall be reported for the following:

i. Each of the air contaminants listed in Table 1 at N.J.A.C. 7:27-21.2, reported at the source level;

ii. Beginning with the Emission Statement for reporting year 2003 and for each year thereafter, the greenhouse gas CO₂ reported at the facility level;

iii. For reporting year 2017, each of the toxic air pollutants that is listed in N.J.A.C. 7:27-21 Appendix 1, Table 1 and for which the facility has a potential to emit that is equal to or greater than the applicable reporting threshold at N.J.A.C. 7:27-21 Appendix 1, Table 2; and

iv. For reporting year 2018 and for each year thereafter, each of the toxic air pollutants that is listed in N.J.A.C. 7:27-21 Appendix 1, Table 1 and for which the facility has a potential to emit that is equal to or greater than the applicable reporting threshold at N.J.A.C. 7:27-17.9(a).

(c) Once an Emission Statement has been submitted for a facility, the owner or operator shall submit an Emission Statement for such facility in each subsequent submittal year unless the following conditions are met:

1. By February 1 of the submittal year the owner or operator submits a claim of non-applicability to the Department pursuant to 7:27-21.10; and

2. By April 1 of the submittal year, the Department affirms that it concurs that the requirements of this subchapter no longer apply to the facility.

(d) The owner or operator of a facility subject to this subchapter is responsible for ensuring compliance with all requirements of this subchapter. An owner or operator who fails to submit an Emission Statement that is required under this subchapter, submits an Emission Statement with incomplete information, or otherwise fails to comply with any provision of this subchapter shall be subject to civil penalties in accordance with N.J.A.C. 7:27A-3 and applicable criminal penalties including, but not limited to, those set forth at N.J.A.C. 26:2C-19(f). If there is more than one person who is an owner or operator of a facility, each such person shall be jointly and severally liable for such civil and criminal penalties.

(e) Compliance with the emission statement requirements of this subchapter does not relieve any owner or operator of a facility from the responsibility to comply with any other applicable reporting requirements set forth in any Federal or state law, rule, or regulation, or in the conditions of approval of any permit or certificate in effect.

(f) Submittal of an emission statement to the Department, or the Department's acceptance thereof, does not constitute approval by the Department of unauthorized releases of air contaminants into the outdoor atmosphere or of any exceedance of any applicable emission limit established in any Federal or state law, rule, or regulation, or in the conditions of approval of any permit or certificate in effect.

(g) Acceptance or receipt of an emission statement by the Department does not constitute the Department's acceptance of the truth, accuracy or completeness of the emission statement. The Department's failure to act on the information contained in the emission statement at the time of its receipt does not bar the Department from any future action based on that information.

(h) With respect to the provisions of 7:27-21.5, the following shall apply to any determination of which emissions to report in an Emission Statement:

1. All emissions at the facility (for facility-wide reporting) or associated with a source operation (for source operation level reporting) shall be included in a facility's Emission Statement, including, but not limited to, the following:

i. Emissions from source operations that are classified as "significant source operations," "insignificant sources," or "exempt activities" under the permitting rules at N.J.A.C. 7:27-8 or 22;

ii. Emissions associated with any delivery vessel loading operation; and

iii. Emissions from any delivery vessel that is to be considered a stationary storage tank pursuant to 7:27-16.2(j);

2. Notwithstanding (h)1 above, the following types of emissions shall be excluded from the emissions reported in an Emission Statement:

i. Emissions from source operations that the Department accounts for, in the emissions inventory submitted by the State to the EPA for inclusion in the State Implementation Plan, other than by reliance on information in Emission Statements. Examples include emissions from the painting of structures at the facility, emissions from light-duty motor vehicles driven at the facility and emissions from delivery vessels such as locomotives and tugboats. Further examples are provided in the Department's Emission Statement Guidance Document.

N.J. Admin. Code § 7:27-21.3

Amended by 49 N.J.R. 3511(a), effective 11/6/2017

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

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

Amended by 54 N.J.R. 1018(a), effective 6/6/2022