N.J. Admin. Code § 7:27-22.33

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

Section 7:27-22.33 - Consolidated preconstruction and operating permit review

(a) This section sets forth the procedures by which the Department will implement the preconstruction review requirements of N.J.S.A. 26:2C-1 et seq., as they apply to facilities subject to this subchapter.

(b) The owner or operator of a facility subject to this subchapter that is in operation prior to the applicable application deadline at N.J.A.C. 7:27-22.5(c) shall obtain and maintain all preconstruction permits and operating certificates required pursuant to N.J.A.C. 7:27-8until the Department issues an operating permit for the facility. When the Department issues the operating permit to the facility, the operating permit shall include the terms and conditions of the preconstruction permit.

(c) The owner or operator of a facility subject to this subchapter that commences operation after the applicable application deadline at N.J.A.C. 7:27-22.5(c) shall submit an application for an initial operating permit by the deadline established at N.J.A.C. 7:27-22.5(f). Until the issuance of an operating permit for the facility, the owner or operator of the facility shall obtain and maintain all preconstruction permits and operating certificates required pursuant to N.J.A.C. 7:27-8. When the Department issues the operating permit to the facility, the operating permit shall include the terms and conditions of the preconstruction permit.

(d) An application for a minor modification pursuant to N.J.A.C. 7:27-22.23, or a significant modification pursuant to N.J.A.C. 7:27-22.24, shall be subject to preconstruction review, which will include a demonstration that any equipment or control apparatus which is constructed, reconstructed, or modified incorporates advances in the art of air pollution control for the kind and amount of air contaminant emitted pursuant to N.J.A.C. 7:27-22.35.

(e) For an application for a minor or significant modification, the Department will simultaneously conduct the preconstruction permit review pursuant to N.J.A.C. 7:27-8 and the operating permit review pursuant to this subchapter. Ordinarily, the Department will issue the preconstruction approval as part of the final operating permit modification approval. However, if requested by an applicant for a modification, the Department will issue the preconstruction approval simultaneously with the proposed operating permit that is forwarded to the EPA pursuant to N.J.A.C. 7:27-22.12. For a minor modification pursuant to N.J.A.C. 7:27-22.23, preconstruction approval will authorize the permittee to begin construction and operation of a minor modification, at the permittee's own risk. For a significant modification of the operating permit pursuant to N.J.A.C. 7:27-22.24, the permittee may begin construction of a significant modification, but may not operate the modified facility until the Department has approved the significant modification.

(f) If a facility or source operation becomes subject to a case-by-case MACT standard pursuant to N.J.A.C. 7:27-22.26(c) prior to issuance of an operating permit for the facility, the owner or operator of the facility shall establish a case-by-case MACT standard pursuant to N.J.A.C. 7:27-22.26(e). The owner or operator of the facility shall obtain and maintain a preconstruction permit and operating certificate pursuant to N.J.A.C. 7:27-8, which applies the case-by-case MACTstandard to the appropriate source operation(s), until an operating permit covering the facility is issued which incorporates the case-by-case MACT standard.

N.J. Admin. Code § 7:27-22.33

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.2017 d.201, effective 11/20/2017 (operative December 23, 2017).
See: 49 N.J.R. 1762(a), 49 N.J.R. 3590(a).
Rewrote (b), (c), and (e).