N.J. Admin. Code § 7:27-22.3
Current through Register Vol. 56, No. 12, June 17, 2024
Section 7:27-22.3 - General provisions(a) The owner or operator of a facility subject to this subchapter shall obtain and maintain an operating permit for the facility pursuant to this subchapter.(b) The owner or operator of a facility subject to this subchapter shall ensure that no person shall use or operate any significant source operation at the facility without a valid operating permit for the facility, which covers the source operation.(c) The owner or operator of a facility subject to this subchapter shall ensure that no air contaminant is emitted from any significant source operation at a rate, calculated as the potential to emit, that exceeds the applicable threshold for reporting emissions set forth at N.J.A.C. 7:27-22Appendix, Table A, incorporated herein by reference, or 17.9, Tables 3A and 3B, unless emission of the air contaminant is authorized by the operating permit.(d) A permittee shall ensure that any source operation and any other activity covered by the operating permit, and all components connected to, attached to, or serving the source operation are operated and maintained properly and according to the requirements of the operating permit.(e) A permittee shall ensure that all requirements of the operating permit are met.(f) Each owner and each operator of any facility, source operation, or activity to which this subchapter applies is responsible for ensuring compliance with all requirements of this subchapter. If the owner and operator are separate persons, or if there is more than one owner or operator, each owner and each operator is jointly and severally liable for any fees due under this subchapter, and for any penalties for violation of this subchapter.(g) Any provision of any other rule, statute or other document, incorporated into this subchapter, includes all future supplements and amendments to the incorporated document, unless the context of this subchapter clearly indicates otherwise.(h) The provisions of (b), (c), (d), and (e) above shall not apply at a facility: 1. Prior to the applicable deadline for applying for an initial operating permit, set forth at 7:27-22.5; or2. If a timely and administratively complete application has been filed and an application shield is in effect for the facility pursuant to 7:27-22.7.(i) The term of an operating permit will be established in the operating permit. The Department will not issue an operating permit with a term of greater than five years.(j) The expiration of an operating permit terminates the facility's right to operate any significant source operation at the facility, unless an application shield is in effect pursuant to N.J.A.C. 7:27-22.7.(k) The Department may, pursuant to 7:27-22.15, issue a single operating permit to an owner or operator of a temporary facility which will be operated in more than one location during the term of the operating permit. This single operating permit may authorize operation of the temporary facility at each of the locations approved by the Department in the operating permit.(l) The Department may issue an operating permit which allows a facility to operate under one or more operating scenarios, pursuant to 7:27-22.27. No change to an operating permit is required for any change in operation that is specifically authorized by the operating permit through an approved operating scenario or emissions trading program incorporated into the operating permit.(m) If the SIP allows a determination of an alternative emission limit to be made to a significant source operation subject to this subchapter, the Department may issue an operating permit that includes an alternative emission limit, determined by the Department to be equivalent to, or more stringent than, that contained in an applicable requirement, provided that the alternative emissions limit has been demonstrated to be quantifiable, accountable, enforceable, and based on replicable procedures. An example of such an alternative emission limit would be an alternative nitrogen oxides emission limit developed in accordance with the emission averaging provisions of 7:27-19.6.(n) An operating permit does not convey any property right, or any exclusive privilege.(o) Any transfer of ownership or operational control of a facility covered by an operating permit, which would change the name or identity of the permittee for the facility, requires the transfer of the operating permit. An administrative amendment for such a transfer shall be submitted to the Department by the permittee prior to the transfer being made, in accordance with 7:27-22.20. No person to whom ownership or operational control is transferred shall commence operation at the facility until the application for the administrative amendment for the transfer has been received by the Department.(p) Any approval for a change made at a facility subject to this subchapter, which constitutes a minor modification pursuant to 7:27-22.23 or a significant modification pursuant to 7:27-22.24, shall incorporate all applicable preconstruction requirements.(q) Any person submitting an application, notice or report to the Department pursuant to this subchapter, or any permit, approval, authorization, order or other legal document issued pursuant thereto, shall include, as an integral part of the application or report, certification in accordance with 7:27-1.39.(r) All information submitted to the Department pursuant to this subchapter shall be public information, unless the person submitting the information claims it as confidential in accordance with 7:27-1.6 through 1.30, and the Department determines that the information is entitled to confidential treatment in accordance with 7:27-1.8 through 1.30. All information submitted to EPA pursuant to this subchapter shall be public information, unless the person submitting the information claims it as confidential in accordance with 40 CFR Part 2 , and EPA determines that the information is entitled to confidential treatment in accordance with 40 CFR Part 2.(s) Except as otherwise provided in this subchapter, the submittal of any information or application by a permittee including, but not limited to, an application or notice for any change to the operating permit, including any administrative amendment, any minor or significant modification, renewal, a notice of a seven-day notice change, a notice of past or anticipated noncompliance, does not stay any operating permit condition, nor relieve a permittee from the obligation to obtain other necessary permits and to comply with all applicable Federal, State, and local requirements.(t) Application forms for operating permits, modifications to operating permits, and information pertaining to operating permits and the requirements of this subchapter are available on the Department's website athttp://www.nj.gov/dep/aqpp/applying.htmland at the following address: Department of Environmental Protection
Air Quality Regulation and Planning
Bureau of Stationary Sources--Operating Permit Section
401 East State Street, 2nd Floor
Mail Code 401-02
PO Box 420
Trenton, New Jersey 08625-0420
Telephone: (609) 633-8248
(u) If an additional applicable requirement becomes applicable to the facility, or an applicable requirement which was previously applicable to the facility changes, the permittee shall act to have the new applicable requirement or the change incorporated into the operating permit, in accordance with the procedures set forth in 7:27-22.25.(v) The Department may terminate an operating permit upon request of the permittee if the Department determines that the facility is no longer subject to operating permit requirements pursuant to N.J.A.C. 7:27-22.2.(w) Except as provided in the permit shield provisions at 7:27-22.17, an operating permit does not relieve any person from the obligation to comply with all applicable provisions of this chapter, including preconstruction requirements under this subchapter, to obtain any other necessary authorizations from other governmental agencies, or to comply with all other applicable Federal, State, and local laws, rules or regulations.(x) Notwithstanding the other provisions of this section, if any of the acid deposition control provisions of 7:27-22.29 conflicts with any other provision of the subchapter, the requirements of 7:27-22.29 shall prevail for an affected Title IV facility.(y) The owner or operator of any facility which contains equipment or control apparatus that is subject to preconstruction permit and operating certificate requirements under N.J.A.C. 7:27-8shall continue to obtain, maintain, and renew all preconstruction permits and operating certificates required pursuant to N.J.A.C. 7:27-8until an operating permit is issued for the facility.(aa) The provisions of N.J.A.C. 7:27-22.20, 22.22, 22.23, and 22.24, concerning modifications to operating permits, shall not apply to repair or maintenance of a significant source operation.(bb) This subchapter shall not preclude the owner or operator of a facility from voluntarily treating an insignificant source operation as a significant source operation for the purposes of obtaining or modifying an operating permit. Treating an insignificant source operation in such a manner shall subject it to all of the requirements in this subchapter which apply to a significant source operation.(cc) The Department shall deny an application for an initial operating permit, minor modification, significant modification, or renewal, if approval of the application would authorize a violation of any applicable requirement, or a contravention of other criteria established by the Department by rule or pursuant to technical manuals, including risk screening worksheets, published with public input, to protect human health and welfare and the environment, unless the Department simultaneously approves a compliance schedule to achieve compliance.(dd) The Department will deny an application for a minor modification or significant modification of an operating permit that constitutes construction, reconstruction, or modification unless the applicant shows, to the satisfaction of the Department, that the significant source operation covered by the proposed permit provisions incorporates advances in the art of air pollution control pursuant to 7:27-22.35, Advances in the art of air pollution control.(ee) No person shall carry out, or allow to be carried out, any change designated in this subchapter as a minor modification or significant modification to any source operation unless the changed source operation meets the requirements of N.J.A.C. 7:27-22.35, Advances in the Art of Air Pollution Control.(ff) The Department may deny an application for an initial operating permit, minor modification, significant modification, or renewal, if the applicant fails to provide all information requested by the Department within 30 days after the request, or within a longer response period if approved in writing by the Department.(gg) The Department may deny an application for an initial operating permit, minor modification, significant modification, or renewal, if the applicant fails to pay any monies due and owing to the Department, and those monies are related to the fees specified in 7:27-22.31.(hh) The Department will deny an operating permit application, or modification to an operating permit, that includes a paint spray operation that is a significant source operation, unless at a minimum the operation is served by particulate control apparatus.(ii) No person may construct, install, or change any source operation for which a minor modification or significant modification of the operating permit is required pursuant to this subchapter other than as described in 7:27-22.23 and 22.24, respectively. Full responsibility for adequate design and construction shall be with the person to whom the Department has issued the permit.(jj) The Department may establish conditions of approval of any operating permit, administrative amendment, minor modification, or significant modification. In the event that a discrepancy exists between the information in an application and the conditions of its approval, the conditions of approval shall prevail.(kk) The Department may withdraw its approval of an operating permit, minor modification, or significant modification if the person to whom the Department has issued the permit or modification: 1. Does not begin construction or installation within one year from the date of approval of the permit or modification; or2. Discontinues construction or installation for a period of more than one year.(ll) Any person who is subject to the provisions of this chapter and who fails to conform to its requirements may be subject to civil penalties in accordance with N.J.A.C. 7:27A-3 or criminal penalties pursuant to 26:2C-19 or both.(mm) Any information which the Department needs to take into consideration in making a decision on an application shall be submitted to the Department for incorporation into the application prior to the Department making a decision on the application. If the Department needs any information beyond what is submitted in the application, the Department shall request such additional information from the applicant.(nn) An affirmative defense to liability shall be available pursuant to the conditions of this section for penalties or other sanctions for violating certain provisions or conditions of an operating permit. The affirmative defense shall be available for a violation of a provision or condition of the operating permit only if: 1. The violation occurred as a result of an equipment malfunction, an equipment start-up or shutdown, or during the performance of necessary equipment maintenance; and2. The affirmative defense is asserted and established as required by 26:2C-19.1 through 19.5 and any implementing rules.(oo) Any person who has submitted to the Department an administratively complete application for an initial operating permit or for a modification to an operating permit may, during the Department's review of the application, place the equipment or control apparatus covered by the application on the footings or foundation where it is intended to be used, provided that: 1. The person notifies the Department, via certified mail, of the intent to so place the equipment or control apparatus, at least seven days prior to commencing the placement; and2. Such placement is not prohibited by Federal law.(pp) If a person constructs or places equipment or control apparatus in accordance with (oo) above, and the Department determines that the equipment or control apparatus or its placement is inconsistent with applicable State law or rules, the person shall be subject to civil or criminal penalties for the inconsistent action only if the construction or placement results in air contaminant emissions. Any costs incurred by the person in connection with the construction or placement may not be used as grounds for an appeal of the Department's decision on the permit application.(qq) No permittee shall test or operate air pollution control apparatus or process equipment that has been installed at risk, pursuant to (oo) above, until a minor modification or significant modification of the operating permit has been submitted and a preconstruction approval has been issued by the Department.(rr) For a person seeking approval of an environmental improvement pilot test, as defined at N.J.A.C. 7:27-22.1, of air pollution control equipment or other environmental clean-up equipment, the Department will take final action on the application for preconstruction approval within 30 days of receiving an administratively complete application. An administratively complete application shall meet all application contents requirements for a minor modification of the operating permit set forth at 7:27-22.23(f) and (g). The approval will be effective for 90 days. If a person wishes to extend the pilot test for 90 or fewer days, the person shall submit a new application for preconstruction approval for an environmental improvement pilot test to the Department for each additional 90-day period. The fee for an environmental improvement pilot test is set forth at N.J.A.C. 7:27-22.31, and shall be paid in accordance with 7:27-22.31(g).(ss) For the purposes of this subchapter, any VOCs which are neither HAPs, nor are specified by the Department as air contaminants regulated by New Jersey pursuant to N.J.S.A. 26:2C-9.2i ( P.L. 1995, c.188, § 4(i)), shall be considered as a single air contaminant, and may be used interchangeably. Such use shall not be considered installation or modification.(uu) The Department will note in the operating permit any requirements derived from an existing or terminated consent decree between the permittee and the EPA and will not change such requirements or remove them from the operating permit without first notifying the EPA.(vv) The following information is available from the Department: 1. A list of air contaminants currently listed by EPA as HAPs pursuant to 42 U.S.C. § 7412(b) may be requested from the Department at the address set forth at 7:27-22.3(t). A list of regulated air contaminants may also be requested from the Department at that address; and2. Technical manuals are available on the Department's website at http://www.nj.gov/dep/aqpp/techman.htmland associated risk screening worksheets are available athttp://www.state.nj.us/dep/aqpp/risk.html . Both technical manuals and risk screening worksheets may be requested from the Department at the following address: Department of Environmental Protection
Air Quality Regulation and Planning
Bureau of Evaluation and Planning
Air Quality Evaluation Section
401 East State Street, 2nd Floor
Mail Code 401-02
PO Box 420
Trenton, New Jersey 08625-0420
Telephone: (609) 292-6722
N.J. Admin. Code § 7:27-22.3
Amended by 49 N.J.R. 3590(a), effective 11/20/2017Adopted by 50 N.J.R. 409(a), effective 1/16/2018Amended by 54 N.J.R. 560(a), effective 4/4/2022