N.J. Admin. Code § 7:27-22.29

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

Section 7:27-22.29 - Facilities subject to acid deposition control

(a) The Department hereby adopts and incorporates by reference the provisions of 40 CFR 72 and 76, and any subsequent amendments thereto, for purposes of implementing an acid rain program that meets the requirements of Title IV of the CAA. The term "permitting authority" shall mean the Department, and the term "Administrator" shall mean the administrator of the United States EPA. If provisions or requirements of 40 CFR 72 and 76 conflict with or are not included in this subchapter, the 40 CFR 72 and 76 provisions and requirements shall apply and take precedence.

(b) An administratively complete application to incorporate Phase II Title IV requirements into the operating permit shall be submitted:

1. By January 1, 1996, for facilities with source operations subject to the requirements for SO[2] pursuant to 42 U.S.C. § 7651d; and

2. By January 1, 1998, for facilities with source operations subject to the requirements for NO[x] pursuant to 42 U.S.C. § 7651f;

3. Facilities subject to both SO[2] and NO[x] requirements must meet both deadlines. The 1996 application shall address all SO[2] applicable requirements, and any applicable requirements relating to NO[x] applicable to each source operating at the time of application. The 1998 application shall include the NO[x] applicable requirements at that time.

(c) For any application for an operating permit, or for any portion of an application for an operating permit, being submitted pursuant to the acid deposition control provisions of 40 CFR 72, including those portions of the compliance plan pertaining to acid deposition control requirements, an applicant shall use nationally standardized application forms, which the Department will make available upon EPA's finalization of the forms.

(d) An administratively complete application for an initial operating permit for a facility, or for any portion thereof, subject to the acid deposition control requirements of Title IV of the CAA shall include all information required by the application form, including the name and address of any designated Title IV representative, as defined at 7:27-22.1.

(e) The compliance plan for an affected Title IV facility shall meet the requirements of 7:27-22.9, except to the extent that these requirements are superseded by the acid deposition control requirements set forth at 42 U.S.C. § 7651a through 7651o or by applicable provisions of 40 CFR 72 or 76.

(f) The Department will take final action on an application for an operating permit, operating permit renewal, permit revision as defined in 40 CFR 72.2, or reopening to implement Phase II Title IV requirements within the deadlines set forth in the acid deposition control requirements at 42 U.S.C. § 7651a through 7651o.

(g) Affected Title IV units subject to the acid deposition control requirements of the CAA are not eligible for authorization to operate under a general operating permit.

(h) The Department is not authorized to issue an operating permit to an owner or operator of a temporary facility which authorizes operation in more than one location during the term of the operating permit, if that temporary facility is an affected Title IV facility, as defined at 7:27-22.1.

(i) An operating permit for an affected Title IV facility shall contain a condition prohibiting emissions exceeding the allowances that the facility lawfully holds under Title IV of the CAA or the regulations promulgated thereunder.

(j) Neither a permit shield nor any provision in an operating permit shall, consistent with 42 U.S.C. § 7651g(a), alter or affect the applicable requirements of the acid deposition control program.

(k) The Department shall reopen and modify an operating permit for an affected Title IV facility pursuant to the procedures at 7:27-22.25, if additional requirements (including excess emissions requirements) become applicable to the facility under the acid deposition control program at Title IV of the CAA. However, the Department shall not reopen an operating permit for the following:

1. Excess emissions offset plans which shall be deemed to be incorporated into the operating permit upon approval by the EPA; and

2. Increases in emissions that are authorized by allowances acquired pursuant to the acid deposition control program, provided that such increases do not require an operating permit revision under any other applicable requirement.

N.J. Admin. Code § 7:27-22.29

Amended by 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).
In (a) and (e), made CFR reference changes.