N.J. Admin. Code § 7:27-22.23

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

Section 7:27-22.23 - Minor modifications

(a) A permittee may make any change listed at (c) below through the minor modification procedures set forth in this section. Minor modifications are set forth in (c) below, and include changes that may increase actual emissions by insignificant amounts, and other changes that do not increase emissions, but may increase ambient concentrations of air contaminants. The Department will, upon approval of an application for a minor modification of the operating permit, incorporate the changes into the operating permit. The application for a minor modification constitutes an application for a consolidated preconstruction and operating permit under this subchapter and N.J.A.C. 7:27-8. The permittee shall not make any change proposed in a minor modification of the operating permit until the Department has approved the minor modification, except as specified in (a)1, 2, and 3 below.

1. Equipment and control apparatus may be installed at risk pursuant to the requirements of 7:27-22.3(oo).

2. The proposed minor modification may, at the permittee's risk, be made at the facility after the administratively complete application is received by the Department, and a preconstruction approval has been issued by the Department.

3. Any permittee who elects to implement the change proposed in an application prior to the Department's final decision on the minor modification (after the EPA review period) shall comply with both the applicable requirements governing the change and the conditions of preconstruction approval contained in the proposed minor modification. During this time, the facility need not comply with any outdated existing operating permit provisions it seeks to modify. However, if the permittee fails to comply with the proposed permit provisions during this time, or the minor modification is not approved, the existing permit provisions it seeks to modify shall be enforced.

(b) (Reserved)

(c) Except as provided at 7:27-22.22(d) above, construction or installation of any new significant source operation, reconstruction of a process unit or control apparatus made pursuant to 7:27-22.24A, or any of the following changes to existing significant source operations, shall be made as a minor modification unless the change violates an applicable requirement or constitutes a significant modification pursuant to 7:27-22.24:

1. A change in the location of the point of discharge of any air contaminant from a significant source operation into the outdoor atmosphere, unless the change is authorized in the permit in effect;

2. Any of the following changes to a significant source operation, or to the use thereof, if the change may increase actual emissions over the allowable concentration or allowable rate of any air contaminant emission, or will increase allowable emissions, unless the change is authorized in the operating permit in effect:

i. Change in the relative use, expressed in percent by weight, of any raw material in the operation of a significant source operation, including the introduction of a new raw material not authorized in the operating permit in effect; or

ii. Change in the production process in which the significant source operation is used;

3. An increase in any maximum allowable emission rate or concentration, or any emissions cap;

4. Emission of any air contaminant or class of air contaminants not authorized by the operating permit in effect;

5. Any change to a stack or chimney, or the use thereof, not authorized in the operating permit in effect, including any change to a stack dispersion parameter including, but not limited to, temperature, velocity, direction, or volumetric flow rate, if the change may result in an increase in the ambient concentration of any air contaminant;

6. Any increase in the concentration of any air contaminant in the influent to existing control apparatus, if the influent is limited in the operating permit in effect;

7. Any increase in the total hours of operation per time period or the rate of production above that authorized in the operating permit in effect;

8. Reduction of the frequency of testing, monitoring, recordkeeping or reporting, provided the frequency is not less than that in any applicable requirement.

9. Any of the following decreases, if a method by which the Department can verify and enforce the decrease is not already included in the operating permit in effect, and the 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;

10. 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:

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

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

11. The introduction of a raw material, not authorized in the operating permit in effect if the change involves the use of any new HAP;

12. At the option of the applicant, any change which is eligible to be processed as an administrative amendment, a change to an insignificant source operation or a seven-day-notice change pursuant to 7:27-22.20, 22.21, or 22.22, respectively.

(d) Any change that is a minor modification and that constitutes construction, reconstruction or modification of a source operation, shall incorporate advances in the art of air pollution control pursuant to 7:27-22.35, Advances in the art of air pollution control.

(e) A permittee shall, pursuant to (f), (g), (h) and (p) below, submit an administratively complete application for a minor modification of the operating permit for any change being made pursuant to this section as a minor modification.

(f) In order to be considered administratively complete, an application for a minor modification of the operating permit shall meet all application contents requirements for an initial operating permit set forth at 7:27-22.6, except that an application for a minor modification of the operating permit shall include only such information as is relevant to the proposed modification. In addition, the application shall include, at a minimum:

1. A description of the proposed change, the allowable and estimated actual emissions before and after the change, and any new applicable requirements which will apply if the change occurs;

2. The proposed sections of the draft operating permit reflecting the proposed change; and

3. Certification by a responsible official, consistent with 7:27-1.39, that the proposed change is eligible to be processed as a minor modification pursuant to (c) above.

(g) To be deemed administratively complete, any application proposing the incorporation into the operating permit of a new operating scenario or a new authorization for emissions trading, not authorized by the existing operating permit, shall also meet any requirements set forth at 7:27-22.27, 22.28A, or 22.28B which apply.

(h) If the application for a minor modification of the operating permit is administratively incomplete, the Department may deny the application, or request additional information.

(i) If the Department determines that an application for a minor modification of the operating permit is administratively complete, the Department will, within five working days, notify the EPA and any affected state that the application is administratively complete. EPA and affected states will have 45 days from their receipt of such notice to notify the Department of any objection to, or comment on, the application. Such objection or comment shall be sent to the Department at the address set forth at 7:27-22.3(t). When the Commissioner of the Department determines that there is a significant degree of public interest in an application for a minor modification, the Department may provide an opportunity for public comment consistent with 7:27-22.11.

(j) Within 90 days after the application is administratively complete, or 15 days after the completion of EPA's 45 day review period, whichever is later, the Department will:

1. Approve the modification;

2. Deny the modification;

3. Determine that the modification requires processing as a significant modification. In such a case, the Department will terminate the application and so notify the applicant; or

4. In consultation with the applicant, revise the applicant's proposed operating permit modifications, submit a new proposed permit modification to EPA for review, approve the modification as revised, and transmit it to the applicant.

(k) Once the Department approves a minor modification, the Department will send a copy of the revised portions of the operating permit to EPA.

(l) The Department will not take final action on an application for a minor modification until EPA's 45-day review period has expired, or until EPA has notified the Department that it will not object to the approval of the modification, whichever comes first, or until any EPA objections have been resolved. As stated in (a)1 above, equipment or control apparatus may be installed at risk pursuant to the requirements of 7:27-22.3(oo).

(m) If the Department does not, in its final action on the application, accept any recommendation on the proposed minor modification submitted by an affected state, the Department will notify EPA and the affected state of its reasons for not accepting the recommendation.

(n) An applicant may request that the Department group-process two or more applications for minor modifications to operating permits if they meet the requirements of (n)1 below. Under group processing procedures, a permittee may request that all pending applications for minor modifications be group-processed. The Department will then process the applications together, using the procedures set forth in this section, including the provisions at (n)1, 2, and 3 below, which apply specifically to group processing of minor modification applications.

1. Minor modifications may be submitted for group processing only if:

i. Each proposed permit modification meets the criteria in this section for minor permit modifications; and

ii. The allowable emissions increases which would be caused by the modifications would, in the aggregate, be less than the least of the following:

(1) Ten percent of the total allowable emissions allowed by the operating permit for the source operations for which the changes are requested. If the source operation emits more than one contaminant, the increase of each contaminant shall be calculated separately. For example, if a unit is permitted to emit 10 tons per year of SO[2] and one ton per year of lead, minor modifications could not be group processed unless the aggregate increase in allowable SO[2] emissions resulting from the modifications would be less than one ton per year, and the aggregate increase in allowable lead emissions resulting from the modifications would be less than 0.1 ton per year;

(2) Twenty percent of the threshold amount of the contaminant listed at 7:27-22.2(a)1, Applicability. For example, for a facility which emits VOCs, modifications could not be group processed unless the total allowable emission increases of VOCs resulting from the modifications would be less than five tons per year; or

(3) Five tons per year.

2. To obtain approval for group processing, the permittee shall submit an application for group processing which shall consist of a list of all of the facility's pending applications for minor modifications of the operating permit, and a determination of whether the aggregated modifications equals or exceeds the threshold set under (n)1ii above.

3. Within five business days of receipt of an application for group-processing, the Department will notify EPA and affected States of the requested minor modifications. The Department will also prepare a quarterly report for EPA and affected states listing the group-processed minor modification applications that have been received during the quarter.

4. The Department shall act on an application for a minor modification of the operating permit submitted for group processing within 180 days of receipt of the request for group processing or within 15 days after the end of EPA's 45 day review period, whichever is later.

N.J. Admin. Code § 7:27-22.23

Amended by 49 N.J.R. 3590(a), effective 11/20/2017