N.J. Admin. Code § 7:27-22.12

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

Section 7:27-22.12 - EPA comment

(a) After the close of the public comment period and consideration of the comments on a draft operating permit or draft general operating permit, the Department will prepare a proposed operating permit or proposed general operating permit for EPA review. The Department will provide a copy of the proposed operating permit or proposed general operating permit to EPA and, upon request, to any other interested person. The Department will also provide a copy of the proposed operating permit to the applicant.

(b) The Department will transmit the proposed operating permit or proposed general operating permit to EPA, together with a copy of any comments received from the public and from any affected state during the public comment period, and the Department's response to these comments.

(c) In addition to the information transmitted to EPA pursuant to (b) above, the Department will transmit the following with any proposed operating permit:

1. Any information provided by the applicant to the Department subsequent to the application being deemed administratively complete; and

2. Any other supporting information necessary for EPA to review the application.

(d) If EPA objects to the proposed operating permit or proposed general operating permit pursuant to the requirements of 40 CFR 70.8 during the 45 days following EPA's receipt of the proposed permit, the Department will revise the proposed permit to address EPA objection(s), and will submit the revised proposed permit to EPA, the applicant (if applicable), and, upon request, to any other interested person.

(e) If the Department does not, within 90 days after its receipt of an objection from EPA, submit to EPA a proposed operating permit or proposed general operating permit, revised to the satisfaction of EPA, the EPA may take final action on the permit.

(f) If EPA does not object to the proposed operating permit or proposed general operating permit within the 45 days following EPA's receipt of the proposed permit pursuant to (d) above or within 45 days following EPA's receipt of the revised proposed permit pursuant to (e) above, the Department will take final action on the application related to the proposed operating permit pursuant to 7:27-22.13 or on the proposed general operating permit, except as provided in (h) below.

(g) If EPA does not object to the proposed operating permit or general operating permit within the 45 day period as set forth at (f) above, any person may petition the EPA during the 60 days after the expiration of EPA's 45-day comment period, and may request that EPA object to the proposed operating permit or proposed general operating permit. Any petition to EPA shall be based only on an objection that was raised by the petitioner with reasonable specificity during the public comment period unless:

1. The petitioner demonstrates that it was impracticable for the petitioner to raise the objection during the public comment period; or

2. The grounds for the objection arose after the public comment period closed.

(h) If EPA, in response to a petition made pursuant to (g) above, objects to the proposed operating permit or proposed general operating permit before the Department has issued the permit, the Department will not issue a final operating permit or final general operating permit until the EPA's objection is addressed to EPA's satisfaction.

(i) If EPA, in response to a petition made pursuant to (g) above, objects to the proposed operating permit or proposed general operating permit after the Department has issued a final operating permit or final general operating permit, the EPA may modify, terminate, or revoke the operating permit or general operating permit.

(j) A final general operating permit, including applicability criteria, application procedures, and conditions, will be published by the Department in the New Jersey Register.

(k) The Department shall grant a facility's request to operate under a general operating permit without repeating the EPA comment procedures specified in this section if all significant source operations at the facility are covered by the general operating permit.

N.J. Admin. Code § 7:27-22.12

Amended by R.1995 d.493, effective 9/5/1995 (operative October 8, 1995).
See: 27 New Jersey Register 1040(a), 27 New Jersey Register 3421(a).