N.J. Admin. Code § 7:27-22.19

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

Section 7:27-22.19 - Recordkeeping, reporting, and compliance certification

(a) Each permittee shall maintain records of all source emissions testing or monitoring performed at the facility and required by the operating permit in accordance with this section. Records shall be maintained, for at least five years from the date of each sample, measurement, or report. Each permittee shall maintain all other records required by the operating permit for a period of five years from the date each record is made.

(b) Source emissions testing or monitoring records shall contain, at a minimum, the following information, unless alternative types of records or recordkeeping are expressly approved in the operating permit:

1. The date, source operation, and time of sampling or measurements;

2. The date(s) analyses were performed;

3. The company and the name of the person representing that company who was responsible for performing the sampling, measurements or analyses;

4. The analytical techniques or methods used;

5. The results of such analyses;

6. The operating conditions, as specified in the operating permit, existing at the time of sampling or measurement. If the record indicates a deviation from applicable requirements at a facility equipped with a CMS, the permittee shall include all CMS data recorded beginning one hour before the recorded deviation and continuing through one hour after the recorded deviation.

7. All calibration and maintenance records, and all original strip-chart recordings, or the equivalent for continuous monitoring instrumentation;

8. Copies of all reports required by the operating permit; and

9. Any other information required by the Department to interpret the monitoring data.

(c) A permittee shall submit reports of all source emissions testing and monitoring required by the operating permit, and supporting information, to the Department in accordance with (d) and (e) below. The reports shall conform to a format acceptable to the Department. The reports shall be certified pursuant to 7:27-1.39 by a responsible official.

(d) A report submitted pursuant to (c) above shall be submitted:

1. For a source emissions test report, within 45 days after the completion of the sampling, unless a longer period for submittal is approved in advance in writing by the Department; and

2. For a CMS report, within 30 days of completion of each calendar quarter for the calendar quarter; and

3. For any other report or supporting information relating to testing or monitoring required by the operating permit to be performed from January 1 through June 30, by July 30 of the same calendar year; or from July 1 through December 31, by January 30 of the following calendar year.

(e) Any report submitted pursuant to (c) above shall clearly identify all deviations from operating permit requirements, including those attributable to emergencies, startup, shutdown and maintenance, the probable cause of such deviations, and any corrective actions or preventive measures taken.

(f) Each permittee shall submit to the Department, at the address given in 7:27-22.9(d), and to EPA at the address given in 7:27-22.4(d), a periodic compliance certification, in accordance with the schedule for compliance certifications set forth in the compliance plan in the operating permit. This periodic compliance certification shall include the following:

1. For each applicable requirement, a statement that the facility is:

i. In compliance with the applicable requirement and, if so, whether the compliance is continuous or intermittent, as defined in the Federal rules for the enhanced monitoring of stationary sources set forth at 40 CFR Part 64;

ii. In compliance with a compliance schedule, included in the operating permit pursuant to 7:27-22.9(c)7 ii, which includes a sequence of actions with milestones leading to compliance with the applicable requirement;

iii. In compliance with an order or consent decree not incorporated into a compliance schedule; or

iv. Not in compliance;

2. For each applicable requirement, a statement of the methods used to determine the facility's compliance status, including a description of any monitoring, recordkeeping, and reporting requirements and test methods; and

3. Certification in accordance with the certification procedures at N.J.A.C. 7:27-1.39.

(g) Any deviation from operating permit requirements that results in a release of air contaminants shall be reported to the Department as follows:

1.If the air contaminants are released in a quantity or concentration that poses a potential threat to public health, welfare, or the environment or that might reasonably result in citizen complaints, the permittee shall report the release to the Department:

i. Immediately on the Department hotline at 1 877 WARNDEP (1 877 927-6337), pursuant to N.J.S.A. 26:2C-19(e); and

ii. As part of the compliance certification required in (f) above. However, if the deviation is identified through source emissions testing, it shall be reported through the source emissions testing and monitoring procedures at 7:27-22.18(e)3; or

2. If the air contaminants are released in a quantity or concentration which poses no potential threat to public health, welfare or the environment and which will not likely result in citizen complaints, the permittee shall report the release to the Department as part of the compliance certification required in (f) above, except for deviations identified by source emissions testing reports, which shall be reported through the procedures at 7:27-22.18(e)3; or

3. If the air contaminants are released in a quantity or concentration which poses no potential threat to public health, welfare or the environment and which will not likely result in citizen complaints, and the permittee intends to assert the affirmative defense afforded by 7:27-22.16(l), the violation shall be reported by 5:00 P.M. of the second full calendar day following the occurrence or of becoming aware of the occurrence, consistent with the 7:27-22.16(l).

(h) A permittee shall, upon the Department's request, submit any record relevant to the operating permit or to the emission of any air contaminant from the facility. Such record shall be submitted to the Department within 30 days of the request by the Department, or within a longer time period if approved in writing by the Department, and shall be transmitted on paper, on computer disk, or electronically, at the discretion of the Department.

(i) A permittee shall make all information in (a) through (d) above, as well as following, readily available for inspection at the facility. If the facility is not regularly staffed, the information shall be available at the New Jersey office of the permittee which is closest to the permitted facility. The information shall be available at all times, pursuant to the Department's right to inspect the facility set forth at N.J.A.C. 7:27-1:

1. The operating permit together with any revisions thereto, including any administrative amendments, changes to insignificant source operations, seven-day-notice changes, minor modifications, and significant modifications;

2. Up-to-date diagrams of the facility indicating:

i. The location of all source operations, including all equipment and control apparatus; and

ii. All stacks or chimneys, together with any stack designation included in the operating permit;

3. Records required by the operating permit, and records relevant to the use of any source operation including, but not limited to, manufacturer's instructions for operation and maintenance, the kind and amount of air contaminants emitted, rates of production, and hours of operation;

4. Records documenting any construction, installation, or alteration, including the dates thereof, of any equipment or control apparatus during the term of the operating permit;

5. The date of commencement of operation of any equipment or control apparatus, if operation commenced during the term of the operating permit; and

6. Any preconstruction permit issued for the equipment or control apparatus.

(j) Requirements for recordkeeping and reporting shall be consistent with the Federal rules for enhanced monitoring of stationary sources set forth at 40 CFR Part 64.

N.J. Admin. Code § 7:27-22.19

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).

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