N.J. Admin. Code § 7:27-22.11

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

Section 7:27-22.11 - Public comment

(a) This section sets forth the procedures by which the Department will obtain comment from the public and affected states on each of the following:

1. A draft operating permit developed by the Department following the receipt of an administratively complete application for an initial operating permit;

2. A draft operating permit developed by the Department following the receipt of an administratively complete application for a significant modification of an operating permit;

3. A draft operating permit developed by the Department following the receipt of an administratively complete application for renewal of an operating permit; and

4. A draft general operating permit developed by the Department pursuant to N.J.A.C. 7:27-22.14(a).

(b) The Department will provide a public comment period on each draft operating permit and each draft general operating permit, during which the Department will accept written comments on the draft permit. The public comment period will be specified in the notice published pursuant to (c) and (d) below, and shall be at least 30 days.

(c) The Department will provide public notice of the opportunity for public comment on each draft operating permit. The notice will:

1. Identify the facility that will be subject to the operating permit, and provide the name and address of the owner or operator;

2. Indicate whether the draft operating permit is an initial operating permit, a significant modification, a renewal or a general operating permit;

3. Indicate the type of production processes involved in the draft operating permit and, for a significant modification, the emissions change that will result from the modification;

4. Give the name and address of the Department, including the name, telephone number, and e-mail address of a person at the Department from whom interested persons may obtain additional information;

5. Announce the opportunity for public comment, and provide a description of the public comment procedures set forth in this section;

6. Specify the length of the public comment period; and

7. Include the time and location of any public hearing to be held on the draft operating permit. If no public hearing is scheduled, the notice shall include procedures for requesting a public hearing.

(d) The Department will provide public notice of the opportunity for public input on each draft general operating permit. The notice will include:

1. Proposed criteria for the types and sizes of source operations that may be covered by the general operating permit;

2. Proposed conditions of construction or operation, including monitoring, recordkeeping, and reporting requirements, for persons who obtain this general operating permit; and

3. The public comment information listed in (c)4 through 7 above.

(e) The Department will post the public notice and each draft operating permit on the Department's air permitting website (www.nj.gov/dep/aqpp) for the duration of the public comment period. The Department will also provide notice of the draft operating permit using email, postal service, or other means to persons on a mailing list developed by the Department, including to persons who request in writing to be on the mailing list or who subscribe to the Department's electronic mailing list that provides periodic email notices when the Department makes changes to permit-related activities. The Department may occasionally update the mailing list and may delete from the list the name of any person who does not respond to the Department's request for a written indication of continued interest in being on the list, or for whom a notice returns to the Department as undeliverable. The Department will publish the notice for each draft general operating permit in the New Jersey Register. The Department may also provide additional notice by using any other means the Department finds appropriate for ensuring adequate notice to the public of the opportunity for public comment.

(f) Whenever there is a significant degree of public interest, the Department will hold a public hearing on the draft operating permit or draft general operating permit. The Department may schedule a public hearing and include it in the notice of opportunity for public comment pursuant to (c) or (d) above or, if the Department does not schedule a hearing, any person may request that the Department hold a public hearing on the draft permit. A request for a public hearing shall be submitted in writing to the Department no later than the published date of the close of the comment period, and shall include a statement of issues to be raised at the public hearing. The issues raised shall be relevant to the draft permit under review by the Department.

(g) If a public hearing is held, the Department shall provide public notice of the public hearing at least 30 days in advance of the date the public hearing is scheduled.

(h) If in response to a request for a public hearing, the Department schedules a public hearing on a draft operating permit or draft general operating permit, the close of the public comment period shall be at 5:00 P.M. on the second State business day following the date of the public hearing unless a later date is specified in the notice provided pursuant to (g) above. The Department may further extend the comment period by announcing the extension and its duration at the public hearing.

(i) At any public hearing on a draft operating permit or draft general operating permit, the Department may, at its discretion:

1. Limit the time allowed for oral statements; and

2. Request a person offering oral testimony to submit the statement also in writing.

(j) The Department shall maintain for five years a record of all persons who provided oral or written comment during the public comment period for an operating permit or general operating permit and of the issues raised. Such records will be available to the public.

(k) The Department, on or before publishing notice of a draft operating permit or draft general operating permit pursuant to (b) or (c) above, shall also give notice to the head of the designated air pollution control agency of any affected state, and will accept and consider any comments which are received from the affected state prior to the close of the public comment period. If the Department does not accept any recommendation provided in writing by an affected state during the public comment period, the Department will so inform the affected state and EPA in writing, setting forth the Department's reasons for not accepting the recommendation.

(l) Notwithstanding (a) above, the Commissioner of the Department may also seek or accept public comment whenever it finds a significant degree of public interest in any application, including, but not limited to, applications for minor modifications, or whenever the Department determines such comment might clarify one or more issues involved in the decision on the permit application. In determining whether to seek or accept public comment, the Department shall consider factors germane to the subject application and the applicable requirements. These factors may include, but are not limited to, the following:

1. The extent of any emissions increase;

2. The applicant's record of compliance with air pollution control requirements; and

3. Any other air pollution control aspects of the application or facility which might make the application of particular interest to the public.

(m) The Department shall notify those who submitted a written request of the Department's decision regarding their request. The Department's notification shall be in writing, and if the decision is a denial, the notification shall include a discussion of the factors in (l) above, as well as a description of all other factors which formed the basis for the Department's decision.

(n) The Department shall grant a facility's request to operate under a general operating permit without repeating the public comment procedures specified in this section if the general operating permit includes applicable requirements for all relevant source operations at the facility.

N.J. Admin. Code § 7:27-22.11

Amended by R.1995 d.493, effective 9/5/1995 (operative October 8, 1995).
See: 27 N.J.R. 1040(a), 27 N.J.R. 3421(a).
Amended by R.2017 d.201, effective 11/20/2017 (operative December 23, 2017).
See: 49 N.J.R. 1762(a), 49 N.J.R. 3590(a).
In (c)4, substituted a comma for "and" following the second occurrence of "name", and inserted ", and e-mail address"; and rewrote (e).
Administrative change, effective 5/13/2021.
See: 53 N.J.R. 1000(a).