N.J. Admin. Code § 7:27-22.6

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

Section 7:27-22.6 - Operating permit application contents

(a) To be administratively complete, an application for an initial operating permit shall include all information required by this section. The required information shall be provided on and with forms obtained from the Department, which will direct the applicant to set the information forth in a format such that the Department can incorporate the information readily into the draft operating permit.

(b) The required contents of an application for authorization to operate under a general operating permit, an administrative amendment, a minor modification, a significant modification, or a renewal of an operating permit are not set forth in this section, but rather are set forth at 7:27-22.1 4, 22.20, 22.23, 22.24, and 22.30, respectively. Requirements for submitting a notice of a seven-day-notice change are set forth at 7:27-22.22.

(c) Any source operation at a facility subject to this subchapter shall be included in the facility's application for an operating permit, except for exempt activities as defined at N.J.A.C. 7:27-22.1.

(d) All source operations which are not exempt as defined at 7:27-22.1 and are significant or insignificant source operations shall be included in a facility's application for an operating permit. Source operations shall be classified as either significant or insignificant, as defined at N.J.A.C. 7:27-22.1. Different types and amounts of information are required for significant and insignificant source operations in the application for an operating permit.

(e) In an application, an owner or operator may claim a source operation to be an insignificant source operation as defined at N.J.A.C. 7:27-22.1.

(f) An application for an initial operating permit shall include all information required by the application form, the instructions accompanying the application form, and the applicable completeness checklist(s) for the application. This shall include, but is not limited to, the following:

1. Information pertaining to the identification of the applicant, including:

i. The company name and mailing address, division name and the plant name and address (if different);

ii. The name and address of each owner, each owner's agent (if any), and each operator of the facility;

iii. The name and telephone number of the on-site facility manager and of any additional on-site contact person; and

iv. The name and address of any responsible official, as defined at 7:27-1.4;

2. For the source operations proposed to be classified as insignificant source operations pursuant to (d) or (e) above, the following information:

i. A list of the types of insignificant source operations found at the facility;

ii. An estimate of the total emissions from all insignificant source operations, listed separately for each criteria pollutant; and

iii. A listing of applicable requirements which generally apply to insignificant source operations at the facility;

3. For each significant source operation at the facility that will be subject to the operating permit, information including, but not limited to, the following:

i. A brief description of the source operation;

ii. The identification number of any preconstruction permit issued by the Department for the source operation;

iii. Identification of any stack or chimney that serves the source operation and specification of:

(1) Any stack designation assigned by the Department for the stack or chimney; and

(2) Any stack designation assigned by the facility for the stack or chimney; and

iv. Identification of the production process in which the source operation is used;

4. A general description of each of the facility's production processes and products in sufficient detail to determine which applicable requirements apply to the facility including, but not limited to, for each production process its NAICS code. The description shall set forth for each production process:

i. The significant source operations associated with the production process pursuant to (f)3iv above;

ii. The product(s) or intermediate product(s), together with any associated co-products, produced by the production process; and

iii. A general description of the operating scenario used to produce the product(s) or intermediate product(s), and a description of any operating scenarios that may be used to produce the same product(s) or intermediate product(s). Such description of an operating scenario shall be prepared pursuant to N.J.A.C. 7:27-22.27;

5. The following information pertaining to emissions at the facility:

i. For each significant source operation, each air contaminant that it may emit, and its potential to emit that air contaminant, including any non-captured emissions, in tons per year, and any other units, for example pounds per hour, required to verify compliance with any applicable requirement. If the source operation's potential to emit a given air contaminant does not exceed the applicable threshold for reporting emissions set forth at N.J.A.C. 7:27-22 Appendix, Table A, incorporated herein by reference, or at 17.9, Tables 3A and 3B, the air contaminant need not be included;

ii. For the facility, each air contaminant, if any, emitted as fugitive emissions and not associated with any source operation; the cause of that air contaminant being emitted as fugitive emissions; and a reasonable estimate of the facility's fugitive emissions of that air contaminant, in tons per year, and any other units required to verify compliance with any applicable requirement. However, if the facility's potential to emit a given air contaminant as fugitive emissions does not exceed the applicable threshold for reporting emissions set forth at N.J.A.C. 7:27-22 Appendix, Table A, incorporated herein by reference, or at 17.9, Tables 3A and 3B, the information required by this paragraph need not be given in respect to that air contaminant;

iii. For the facility as a whole, the facility's aggregate potential to emit, in tons per year, each air contaminant that may be emitted within the facility, including the emissions determined pursuant to (f)5i and ii above;

iv. Identification of each stack or chimney at the facility and, for each stack or chimney, designation of which significant source operations are vented through the stack and chimney;

v. For each source operation, a listing of any fuels used and the maximum quantity of each commercial fuel or non-commercial fuel to be used annually;

vi. For each production process, the raw materials to be used, and either the maximum rate of production and the maximum annual hours of operation, or the maximum batch size and the maximum number of batches per year;

vii. For each source operation, a description of the control apparatus, if any, serving the source operation; if the control apparatus is not used for all operating scenarios, a description of the circumstances under which it is not used;

viii. For the facility, identification and description of all monitoring devices or activities proposed to verify compliance with applicable requirements;

ix. Any additional emissions information or emissions-related information needed to verify whether any potentially applicable requirement applies to the facility or to any source operation at the facility;

x. Any other information required by an applicable requirement;

xi. Any calculations upon which information in (f)5i through x is based; and

xii. For each criteria pollutant, any emission reductions that have been banked, pursuant to N.J.A.C. 7:27-18.8, and an indication as to whether they are held by the owner or operator of the facility or by another person;

6. For each significant source operation at the facility or, if applicable, for each group of source operations, or for the facility as a whole, information pertaining to air pollution control requirements as follows:

i. Description of each applicable requirement;

ii. Citation to the State or Federal rule, regulation, permit, or other authority, that establishes each applicable requirement upon which the proposed permit conditions are based;

iii. For each applicable requirement, each provision of the applicable requirement that sets forth a maximum allowable emissions limitation, a limitation on operation affecting emissions, or a work practice standard affecting emissions applicable to the facility;

iv. The proposed permit conditions that incorporate and reflect each provision provided pursuant to (f)6ii above;

v. Identification of any difference in form between a proposed permit condition and the applicable requirement upon which the proposed permit condition is based; and

vi. If the owner or operator seeks to have, pursuant to 7:27-22.3(m), the operating permit include an alternative emission limit for any significant source operation or any group of significant source operations, a demonstration that:

(1) The proposed alternative emissions limit is allowed in the SIP;

(2) The proposed alternative emissions limit is equivalent to, or more stringent than, that contained in an applicable requirement; and

(3) The proposed alternative emissions limit is quantifiable, accountable, enforceable, and based on replicable procedures;

7. An explanation of any proposed exemption from an otherwise applicable provision of an applicable requirement, including a citation of the legal authority authorizing the exemption;

8. A proposed compliance plan meeting the requirements of 7:27-22.9;

9. A listing of any preconstruction permits issued by the Department pursuant to N.J.A.C. 7:27-8 prior to the date of application and any applications for preconstruction permits not yet finally acted upon;

10. A statement that a copy of the application, or a summary of the application with any relevant portion of the permit application as determined by the EPA pursuant to 40 CFR 70.8, has been sent to the EPA;

11. Certification of the application pursuant to 7:27-1.39; and

12. Any other information that is reasonably necessary to enable the Department to determine whether the applicant has satisfied the requirements of this subchapter for the issuance of a permit.

(g) Any applicant who seeks an operating permit authorizing the operation of a production process in one or more alternative modes shall propose these modes as operating scenarios, in the application for an operating permit or significant modification, pursuant to N.J.A.C. 7:27-22.27. If the Department approves one or more operating scenarios as part of an operating permit, the production process may be operated in any of the modes specified in the approved operating permit, and may be changed between those modes, without modification of the operating permit or notification to the Department.

(h) Any applicant who seeks an operating permit authorizing implementation of an emissions trading program requiring prior Department approval pursuant to 7:27-22.28A(b) shall propose the emissions trading in an application for an initial operating permit, minor modification, significant modification, or in a seven-day-notice, as appropriate. An applicant may propose emissions trading for more than one group of source operations at the facility.

(i) Any applicant who seeks an operating permit including different emissions limits that apply to a source operation during startup, shutdown, or necessary equipment maintenance, shall propose such emissions limits in the application for the operating permit or significant modification. An applicant may propose such startup, shutdown, or maintenance emissions limits for more than one source operation in the application provided that these limits do not conflict with the SIP or any state or Federal regulation.

(j) An applicant may elect to propose, in the application for an initial operating permit, the methods to be used to determine the actual emissions of each significant source operation at the facility, for the purpose of preparing emission statements required for the facility pursuant to N.J.A.C. 7:27-21.

(k) (Reserved)

(l) Any applicant who, pursuant to N.J.A.C. 7:27-2214, seeks to include, as a component of the operating permit for the facility, one or more general operating permits shall specify the general operating permit(s) proposed to be included, identify each source operation to which the general operating permit would apply, and meet all other general operating permit application requirements set forth at N.J.A.C. 7:27-2214. The conditions of such general operating permit, if applicable, will be incorporated into the operating permit for the facility.

(m) If an applicant seeks acknowledgement in the operating permit that any specific provision of a potentially applicable requirement does not in fact apply to the facility, the applicant may cite such a specific provision, explain why it does not apply, and request that the provision be specifically identified in the operating permit as being inapplicable to the facility.

(n) If an applicant for an initial operating permit seeks to have a compliance extension for a MACT or GACT standard incorporated into the operating permit, the applicant shall demonstrate in the application, pursuant to 7:27-22.34, that sufficient early reductions of HAP emissions have been achieved.

N.J. Admin. Code § 7:27-22.6

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

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