N.J. Admin. Code § 7:27-21.4

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

Section 7:27-21.4 - Procedure for submitting an Emission Statement

(a) Unless the owner or operator obtains approval pursuant to (e) below to submit an Emission Statement on paper, each Emission Statement shall be prepared using the Remote Access Data Information User System (RADIUS) software (or its successor software) available from the Department at the address given at (d) below, and submitted either through NJDEP online (www.njdeponline.com ) or on a Department-accessible electronic storage medium (such as a CD) delivered to the Department at the address at (d) below.

(b) If a claim of confidentiality is being asserted for any information in an Emission Statement, pursuant to (f) below, the following applies:

1. A version of the Emission Statement that is complete, except that it omits the information that is claimed to be confidential, shall be submitted to the Department. This document shall be submitted electronically, unless the owner or operator obtains approval to submit it on paper pursuant to (e) below. Information included in any electronic submittal shall be information for which no claim of confidentiality is being made;

2. In addition to the submittal made pursuant to (b)1 above, a complete version of the Emission Statement shall also be submitted on paper, and it shall include the information that is claimed to be confidential, as well as all other information required; and

3. The information given in both versions of the Emission Statement shall be identical, except that the information claimed to be confidential shall be omitted from the version submitted pursuant to (b)1 above; and

(c) An Emission Statement shall be submitted to the Department by the following due date:

1. For submittals on paper pursuant to (e) below, by April 15 of the submittal year; and

2. For submittals either through NJDEP online (www.njdeponline.com ) or on a Department-accessible electronic storage medium, by May 15 of the submittal year; this due date also applies to the paper copy of the Emission Statement submitted when certain information in the electronic version of the Emission Statement is claimed to be confidential.

(d) The Department's Bureau of Stationary Sources is the Department's point of contact for the Emission Statement program. As such:

1. Emission Statements shall be submitted to the Bureau:

2. Documents useful to persons preparing Emission Statement submittals, such as the Department's Emission Statement Guidance Document, copies of forms, and instructions, may be viewed and downloaded from the Bureau's web page at http://www.state.nj.us/dep/baqp/; and

3. The Bureau may be contacted for instructions on how to download a copy of RADIUS, to obtain any documents referenced in this subchapter, or to seek answers to questions pertaining to the Emission Statement Program. The Bureau may be contacted by phone ((609) 292-6722) or e-mail at mailto:emis_statement@dep.state.nj.us.Correspondence shall be sent to the Bureau at the following address:

Department of Environmental Protection

Bureau of Air Quality Planning

Attn: Emission Statements

Mail Code 401-07H

PO Box 420

Trenton, N.J. 08625-0420

(e) If it is a hardship for an owner or operator to submit an Emission Statement electronically, the owner or operator may request approval from the Department to submit the Emission Statement on a paper form. The Department will approve such a request provided that:

1. The request is certified by the responsible official in accordance with 7:27-1.39 and submitted to the Department no later than March 1 of the submittal year;

2. The owner or operator explains:

i. The grounds of the hardship electronic submittal would impose; and

ii. The effort(s) the owner or operator will make to ensure the facility's ability to make electronic submittals in the future; and

3. The owner or operator agrees to make every effort to become able to submit the form electronically in future years.

(f) Any person who submits information to the Depart-ment may assert a confidentiality claim for that information in accordance with 7:27-1.6. Emissions information, as established at 7:27-1.18, is not confidential. The Department will process and evaluate confidentiality claims in accordance with 7:27-1.6 through 1.30 inclusive.

N.J. Admin. Code § 7:27-21.4

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

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