N.J. Admin. Code § 7:27-22.20

Current through Register Vol. 56, No. 19, October 7, 2024

Section 7:27-22.20 - Administrative amendments

(a) A permittee may make any of the changes to an operating permit listed at (b) below through the procedures for an administrative amendment set forth in this section. If the requirements of this section are met, the permittee may, at its own risk, make the change at the facility upon submittal of the amendment, but no sooner. For those changes specified at (b)1 and (b)3 below, the change can be made up to 30 days prior to submittal of the amendment. The Department will act on an application for an administrative amendment within 60 days of receipt of an administratively complete application, pursuant to (g) below.

(b) A change may be made as an administrative amendment if the proposed change does not increase actual emissions, does not cause the emission of a new air contaminant or class of air contaminants, does not violate an applicable requirement, does not result in the source being subject to an applicable requirement to which it was not previously subject, and does not constitute a seven-day-notice change, minor modification, or significant modification, and the change is:

1. A change in company name or mailing address; division name; plant name or address; name or address of each owner's agent; or name or telephone number of the on-site facility manager, any additional plant contact, or of any responsible official (as defined at 7:27-1.4 );

2. Correction of any typographical error, including a mistake in the spelling, punctuation, or formatting of text, but excluding a change to any word, term, number or usage which would allow an emission increase or would constitute a seven-day-notice change, minor modification, or significant modification;

3. A transfer of ownership or operational control of the facility;

4. A change in any company stack designation;

5. Any of the following decreases, provided that the decrease is measurable and verifiable, and that a method by which the Department can verify and enforce the decrease is already included in the operating permit in effect, and a permittee requests such decrease to be incorporated into its operating permit:

i. A decrease in the maximum allowable rate of emission of any air contaminant or category of air contaminants;

ii. A decrease in maximum allowable hours of operation per time period; or

iii. A decrease in maximum allowable rate of production;

6. An increase in the frequency of any monitoring, recordkeeping or reporting required by the operating permit in effect, and a permittee requests such increase to be incorporated into its operating permit;

7. A change that incorporates into the operating permit provisions of a preconstruction permit, provided that the preconstruction permit:

i. Was issued through a process that meets the requirements set forth at 7:27-22.11, Public comment, and 22.12, EPA comment;

ii. Includes the compliance requirements set forth at 7:27-1.31, Right to enter, 22.18, Source emissions testing and monitoring, and 22.19, Recordkeeping, reporting, and compliance certification; and

iii. Includes a compliance plan that meets the requirements of 7:27-22.9, Compliance plans.

8. A change in the contents of a storage tank, bin, silo, or other storage container, if such change in contents is not already covered by the operating permit in effect, provided such change does not:

i. Involve the use or storage of any new HAP; or

ii. Cause the storage tank to become, pursuant to 7:27-16.2(b), subject to any control requirement to which the storage tank was not previously subject;

9. Any of the following changes to a stack or chimney, or the use thereof, provided the change complies with EPA's stack height regulations at 40 CFR 51 (governing stacks over 65 meters high):

i. A change in the number of stacks or chimneys serving the significant source operation, provided that the change does not result in any effective stack height lower than that of the tallest stack or chimney existing prior to the change;

ii. A decrease in the diameter of a stack or chimney, provided that the exhaust is vented upward;

iii. The replacement of an existing stack or chimney with a taller stack or chimney, provided that this results in an effective stack height which is no less than that existing before the change; or

iv. An increase in the exit temperature or volume of gas emitted from a stack or chimney if the temperature or volume is limited in the operating permit;

10. A change in the relative use of any raw material in a process outside of the range authorized in the operating permit, provided there is no increase in actual emissions from the process unit;

11. The introduction of a raw material, not authorized in the operating permit in effect, provided there is no increase in actual emissions from the process unit, and provided such change does not involve the use of any new HAP;

12. Reconstruction of a process unit or control apparatus if the date of installation of the reconstructed process unit or control apparatus is less than five years after the date of approval of the permit authorizing the installation of the original process unit or control apparatus, provided the reconstruction causes no increases in actual emissions from the process unit or control apparatus; or

13. Notification that the facility is in compliance with a new applicable requirement which was not previously applicable to the facility, provided that:

i. The facility is operating in compliance with the applicable requirement as of the date it becomes applicable to the facility;

ii. No change to any source operation or to any production process is made at the facility to comply with the applicable requirement; and

iii. The new applicable requirement was not promulgated under Title III of the CAA, unless USEPA specifically indicates that the requirement may be incorporated into the operating permit with an administrative amendment.

(c) A permittee shall, pursuant to (d) and (e) below, submit a timely and administratively complete application for any change being made pursuant to this section as an administrative amendment.

(d) To be deemed timely, an application for an administrative amendment shall be submitted to the Department and EPA prior to the change being made, except for applications submitted pursuant to (b)1 or 3 above. For applications submitted pursuant to (b)1 or 3 above, that application shall be submitted to the Department and EPA within 30 days of the change being made.

(e) To be deemed administratively complete, an administrative amendment shall include the Department assigned operating permit number, a copy of the portion of the operating permit which will be affected by the administrative amendment, a description of the change, and a copy of the revised portions of the operating permit reflecting the administrative amendment. For a transfer of ownership or operational control of the facility, the administrative amendment shall also include the information required in (f) below.

(f) To process a transfer in ownership or operational control pursuant to (b)2 above, a permittee shall attach to the application for an administrative amendment a written agreement between the current and new permittees, specifying the date for the transfer of ownership or operational control, permit responsibility, coverage and liability.

(g) Within 60 days of the Department's receipt of an application for an administrative amendment, the Department shall:

1. Approve the administrative amendment, thereby making the administrative amendment part of the operating permit; or

2. Notify the permittee that the change was not eligible for processing as an administrative amendment. In this event, a permittee must submit the appropriate application to modify the operating permit. The permittee may be subject to penalties for noncompliance with the operating permit during the time the change was in effect, pursuant to N.J.A.C. 7:27A.

(h) A change made through an administrative amendment shall not be covered by any permit shield contained in the operating permit, except for administrative amendments made pursuant to (b)7 above. The permit shield shall become effective upon approval of the administrative amendment by the Department.

(i) A permittee may elect to make as a minor modification any change authorized to be made as an administrative amendment.

N.J. Admin. Code § 7:27-22.20

New Rule, 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 R.1999 d.242, effective 8/2/1999 (operative August 31, 1999).
See: 30 New Jersey Register 2396(a), 31 New Jersey Register 2200(a).
Rewrote (b)7.