N.J. Admin. Code § 7:27-22.24A

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

Section 7:27-22.24A - Reconstruction

(a) Reconstruction of a process unit or control apparatus shall be made as an administrative amendment to the operating permit pursuant to 7:27-22.20 if:

1. 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;

2. The reconstruction causes no increases in actual emissions from the process unit or control apparatus; and

3. The reconstruction is not a significant modification.

(b) Reconstruction of a process unit or control apparatus shall be made as a significant modification to the operating permit pursuant to 7:27-22.24 if the reconstruction would trigger any of the criteria for significant modifications listed at 7:27-22.24(b).

(c) Reconstruction of a process unit or control apparatus shall be made as a minor modification to the operating permit pursuant to 7:27-22.23 if the reconstruction cannot be processed as an administrative amendment or significant modification, as set forth at (a) and (b) above.

(d) In the case of an emergency, as defined at 7:27-22.1, the Department may authorize a permittee to reconstruct and to operate a process unit or control apparatus for 90 days at risk, in order to allow time for the permittee to apply for Department approval of a minor or significant modification authorizing the reconstruction. An example of such an emergency would be a fire which destroys a process unit which the person wishes to replace and operate immediately. The emergency approval shall not be granted if prohibited by federal law or regulations, and shall be conditioned on the permittee submitting an application for the reconstruction pursuant to (a), (b), or (c) above within 30 days of the Department's emergency authorization, cooperating fully with the Department during the application and review process, and complying with all applicable requirements.

N.J. Admin. Code § 7:27-22.24A

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).