N.J. Admin. Code § 7:27-22.35

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

Section 7:27-22.35 - Advances in the art of air pollution control

(a) Newly constructed, reconstructed, or modified equipment and control apparatus that constitutes a significant source operation shall incorporate advances in the art of air pollution control as developed for the kind and amount of air contaminant emitted by the applicant's equipment and control apparatus as provided in this section.

(b) For equipment and control apparatus with a potential to emit hazardous air pollutants and NJHAPs at less than the state-of-the-art thresholds at N.J.A.C. 7:27-17.9, Tables 3A and 3B, and with a potential to emit less than five tons per year of any other air contaminant, except carbon dioxide (CO2 ), the applicant need not document advances in the art of air pollution control, but instead shall document compliance with:

1. Reasonably available control technology (RACT) for the air contaminants emitted as set forth in this chapter;

2. Standards of Performance for New Sources of Air Pollution (NSPS), where applicable, as set forth at 40 CFR 60;

3. Any National Emission Standards for Hazardous Air Pollutants (NESHAP), where applicable, as set forth at 40 CFR 61, 63 or promulgated under 42 USC 7412; and

4. Any other applicable State or Federal standard or regulation, including any general operating permit issued pursuant to N.J.A.C. 7:27-22.14 that applies to that source operation.

(c) For equipment and control apparatus with a potential to emit any hazardous air pollutant and NJHAPs equal to or greater than the state-of-the-art thresholds at N.J.A.C. 7:27-17.9, Tables 3A and 3B or with a potential to emit five tons per year or more of any other air contaminant, except carbon dioxide (CO2), the applicant shall document advances in the art of air pollution control, except for CO2 , in accordance with the following criteria, as applicable:

1. Best Available Control Technology (BACT), where applicable, as set forth at 50 CFR 52.21, for air contaminant emission increases subject to standards for prevention of significant deterioration (PSD) pursuant to 40 CFR 52.21;

2. Lowest Achievable Emission Rate (LAER), where applicable, as set forth at 40 CFR 51.165(a) (xiii) and N.J.A.C. 7:27-18, for air contaminants that cause a significant net emissions increase of a nonattainment air contaminant in an area that is nonattainment for that contaminant;

3. Maximum Achievable Control Technology (MACT) or Generally Achievable Control Technology (GACT), where applicable, for air contaminants subject to 40 CFR Subpart 63, governing HAPs;

4. A general operating permit issued pursuant to N.J.A.C. 7:27-22.14 that applies to that source operation; and

5. For any other air contaminant not covered at (c)1, 2, 3, or 4 above, emitted by a source operation with the potential to emit five or more tons per year of that air contaminant, except carbon dioxide (CO2 ), the use of up-to-date technology and methods, reflected in equipment, control apparatus, and procedures, that when applied to an emission source will reasonably minimize emissions of that contaminant.

i. The Department will periodically publish technical manuals containing technology, methods, and performance levels that can be used by applicants for demonstrating advances in the art of air pollution control, after public input and comment. Such technology, methods, and performance levels shall have been demonstrated to be reliable for similar air contaminant discharge parameters, and shall be available at reasonable cost commensurate with the reduction in air pollution.

ii. Once the Department has published a technical manual for advances in the art of air pollution control pursuant to (c)5i above, any application submitted that shows compliance with the technical manual shall be considered to incorporate advances in the art of air pollution control for the source operations covered by the technical manual. The Department will periodically review and update the technical manuals, with public notice and input. If the Department amends a technical manual, the amended technical manual will apply only to applications submitted after the final publication of the amended technical manual.

iii. Instead of relying on a technical manual for advances in the art of air pollution control, the applicant may propose case by case advances in the art of air pollution control, applicable to a specific source operation. If the Department confirms that the proposal includes up-to-date technology and methods reflected in equipment and procedures, that when applied to an emission source will reasonably minimize emissions, this shall constitute advances in the art of air pollution control for that specific source operation.

N.J. Admin. Code § 7:27-22.35

Adopted by 50 N.J.R. 409(a), effective 1/16/2018

Amended by 54 N.J.R. 560(a), effective 4/4/2022