N.J. Admin. Code § 7:27-22.25
Current through Register Vol. 56, No. 12, June 17, 2024
Section 7:27-22.25 - Department initiated operating permit modifications(a) An operating permit may be revoked, or reopened and modified, for cause by the Department pursuant to this section. Any Department initiated permit revocation or reopening and modification shall affect only those parts of the operating permit for which cause to reopen exists.(b) Upon a written request from the Department, a permittee shall furnish to the Department, within 30 days or within a longer time period established by the Department in the request, any information that the Department may request to determine whether cause exists for revoking, or reopening and modifying the permit.(c) At least 30 days prior to reopening an operating permit, the Department will notify the permittee that action is necessary to modify the operating permit and that the Department will revoke, or reopen and modify, the operating permit unless the permittee acts to apply for the necessary modification(s). A shorter time period may be provided if the Department determines that continued operation of the facility under its current operating permit may adversely affect human health or welfare, or the environment.(d) The notice of a reopening made pursuant to (c) above will contain a requirement that the permittee act to resolve the issue which caused the need for the reopening, and a reasonable deadline for action. Such action shall be processed as a significant modification if the permittee does not act to apply for the necessary modification(s).(e) The Department shall reopen and modify an operating permit if any of the following occur: 1. The permittee fails to act within the time specified in the notice in (d) above to incorporate any of the following into the operating permit:i. An additional applicable requirement which has become applicable to the facility and the remaining term of the existing permit is three years or more; orii. A change to an applicable requirement which was previously applicable to the facility and the remaining term of the existing permit is three years or more;2. The permittee fails to act within the time specified in the notice in (d) above to incorporate any of the following into the operating permit:i. An additional applicable requirement which has become applicable to an affected Title IV facility; orii. A change to an applicable requirement which was previously applicable to an affected Title IV facility;3. The Department or EPA determines that the permit contains a material mistake or that inaccurate statements were made in establishing the emissions standards, limitations or other provisions or conditions of the permit;4. EPA requires the reopening of an operating permit for cause pursuant to 40 CFR 70.7(g); or5. The Department or EPA determines that the operating permit must be revised to assure compliance with applicable requirements.(f) No reopening is required to incorporate an applicable requirement pursuant to (e) above, if the date the requirement will become applicable to the facility is later than the date on which the operating permit is due to expire, unless the original permit or any of its provisions and conditions has been extended pursuant to a permit shield in accordance with 7:27-22.17.(g) If a reopening is required pursuant to (e)1 or 2 above, the permittee shall submit an administratively complete application, within the time specified by the Department, for an operating permit modification pursuant to 7:27-22.24, significant modifications. The Department shall ensure that final action to incorporate the additional applicable requirement into the operating permit is completed within 18 months of the promulgation of the applicable requirement.(h) During the period that the reopening is pending, the permittee shall comply with:1. The provisions of the current operating permit which are not affected by the new applicable requirement; and2. The provisions of the new applicable requirement, including the schedule for compliance.(i) The Department may revoke an operating permit, or a portion of the operating permit, if the Department determines that continued use of the facility, or a portion of the facility, pursuant to the current operating permit, poses a potential threat to public health, welfare, or the environment, or that emissions from the facility would unreasonably interfere with the enjoyment of life or property.(j) If EPA notifies the Department that cause exists to revoke or reopen and modify an operating permit, the Department shall, within 90 days of its receipt of the notice, forward to the EPA a proposed determination of revocation, or of reopening and modification, as appropriate. EPA may extend the 90-day deadline (for the Department to provide a proposed determination) an additional 90 days, if the EPA determines that additional information from the permittee, is needed. The Department will transmit a copy of EPA's notification and DEP's determination to the permittee.(k) As required by 40 CFR Part 70.7(g), if EPA approves the determination proposed by the Department pursuant to (j) above, or fails to act on it within 90 days of EPA's receipt of the proposed determination, the Department shall proceed with a permit reopening. At least 30 days prior to reopening the operating permit, the Department will notify the permittee that action is necessary to modify the operating permit and that the Department will revoke, or reopen and modify, the operating permit unless the permittee acts to apply for the necessary modification(s). A shorter time period may be provided if the Department determines that continued operation of the facility under its current operating permit may adversely affect public health or welfare, or the environment.(l) As required by 40 CFR Part 70.7(g)(4), if EPA objects to the Department's proposed determination within 90 days, the Department has 90 days from receipt of an EPA objection to resolve any objection that EPA makes and to re-open, modify and reissue, or to revoke, the operating permit in accordance with the EPA's objection.(m) Notwithstanding (j), (k) and (l) above, if the permittee, at any time during the reopening process, submits an administratively complete application for the necessary modification which will, if issued, obviate the necessity for the reopening, the Department will process the modification application if this is the most expeditious procedure to resolve the issue. If the modification procedure does not resolve the issue which caused the reopening, the Department will then proceed with the reopening.(n) This section shall not be construed to allow the extension of the compliance deadline in any applicable requirement. Implementation of applicable requirements shall proceed in accordance with any deadlines established in the applicable requirement.(o) This section shall not limit the Department's authority to pursue any form of relief or remedy provided by law or regulation, including injunctive relief, pursuant to 26:2C-19(a), civil administrative penalties pursuant to 26:2C-19(b), civil penalties pursuant to 26:2C-19(d) and criminal sanctions pursuant to 26:2C-19(f).N.J. Admin. Code § 7:27-22.25
New Rule, R.1995 d.493, effective 9/5/1995 (operative October 8, 1995).
See: 27 N.J.R. 1040(a), 27 N.J.R. 3421(a).
Amended by R.1999 d.242, effective 8/2/1999 (operative August 31, 1999).
See: 30 N.J.R. 2396(a), 31 N.J.R. 2200(a).
Rewrote (h).
Public Notice.
See: 41 N.J.R. 3463(a).