N.J. Admin. Code § 7:27-22.28

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

Section 7:27-22.28 - Incorporation of CO[2] Budget Trading Program and CO[2] emission limit requirements

(a) The owner or operator of a facility subject to N.J.A.C. 7:27C shall apply to incorporate the requirements of the CO[2] Budget Trading Program at N.J.A.C. 7:27C, as applicable, into the operating permit pursuant to N.J.A.C. 7:27-22.3(u), 22.5, and 22.9, by the following deadlines:

1. For a CO[2] budget source for which the Department had issued an operating permit prior to June 11, 2019, on or before January 1, 2020;

2. For a CO[2] budget source for which, prior to June 11, 2019, the Department had issued a preconstruction permit but had not issued an operating permit, NO[x] later than 12 months after the facility commences operation; and

3. For a CO[2] budget source for which the Department had not issued an operating permit or a preconstruction permit prior to June 11, 2019, and for which the owner or operator elects to obtain both preconstruction and operating permit approval, NO[x] later than 12 months before construction commences.

(b) If the Department approves the incorporation of CO[2] Budget Trading Program requirements into an operating permit, the Department will establish permit conditions in the operating permit that will enable the Department to readily verify whether emissions from the source operations meet the requirements of N.J.A.C. 7:27C. Such permit conditions will set forth replicable procedures, including monitoring, source emissions testing, recordkeeping, and reporting procedures, sufficient to ensure that emissions are quantified and recorded and that compliance with the emissions limitation under NJ.A.C. 7:27C is enforceable.

(c) The owner or operator of a facility subject to N.J.A.C. 7:27F-2 shall apply to incorporate the CO₂ emission limit and other requirements at N.J.A.C. 7:27F-2, as applicable, into the operating permit pursuant to N.J.A.C. 7:27-22.3(u), 22.5, and 22.9, by the following deadlines:

1. For a new electric generating unit, as defined at N.J.A.C. 7:27F-2.1, that was issued a permit before January 31, 2023, and that is required to comply with the emission limits at N.J.A.C. 7:27F-2.5(b) or (c), no later than January 31, 2024; and

2. For an existing electric generating unit, as defined at N.J.A.C. 7:27F-2.1, that is required to comply with the emission limit at N.J.A.C. 7:27F-2.5(d), no later than 12 months prior to the applicable compliance date set forth at N.J.A.C. 7:27F-2.5(d)1, 2, and 3, or as part of its application for a renewal permit, whichever is earlier.

N.J. Admin. Code § 7:27-22.28

Reserved by 47 N.J.R. 1937(a), effective 8/3/2015

Adopted by 51 N.J.R. 992(a), effective 6/17/2019

Amended by 55 N.J.R. 14(a), effective 1/3/2023