N.J. Admin. Code § 7:27-22.8

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

Section 7:27-22.8 - Air quality dispersion modeling and risk assessment

(a) An applicant for an initial operating permit for a new major facility, or for a minor modification or significant modification to an existing operating permit, shall conduct air quality dispersion modeling in accordance with (c) below if:

1. The application is subject to PSD air quality impact analysis requirements set forth at 40 CFR 52;

2. The application is subject to the air quality impact analysis requirements set forth at 7:27-18.4;

3. The application includes relocation of a temporary facility to a site not specifically authorized in the operating permit, and air quality dispersion modeling or risk assessment was required for the location(s) authorized in the operating permit;

4. The application includes source operations that, based on screening procedures published in technical manuals by the Department, including risk screening worksheets, have the potential to cause any of the adverse air quality effects listed at (b)1 through 4 below; or

5. The application is subject to the technical demonstration requirement set forth at N.J.A.C. 7:27-18.5(l)3.

(b) The air quality dispersion modeling shall be used to determine whether the potential to emit proposed in the permit application may cause:

1. A violation of any New Jersey Ambient Air Quality Standard (NJAAQS) or National Ambient Air Quality Standard (NAAQS);

2. An exceedance of a Prevention of Significant Deterioration (PSD) increment as defined in 40 CFR 52;

3. An increase in the ambient air concentration that equals or exceeds the significant air quality effect level, as set forth in Table 1 of 7:27-18.4(a), in a nonattainment area for any air contaminant; or

4. Air pollution as defined in P.L. 1954 c.212 (26:2C-1 et seq.).

(c) The air quality dispersion modeling shall be conducted using procedures published in technical manuals by the Department and in accordance with an air dispersion modeling protocol approved in advance by the Department. The protocol shall document how the air quality dispersion modeling is to be conducted and how the results of the analysis are to be presented to the Department. The air dispersion modeling protocol shall be prepared in accordance with Technical Manual 1002 (Guidance on Preparing an Air Quality Modeling Protocol) and Technical Manual 1003 (Guidance on Preparing a Risk Assessment for Air Contaminant Emissions), available on the Department's website athttp://www.nj.gov/dep/aqpp/techman.htmland 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

(d) An applicant not subject to (a) above may voluntarily perform an air quality impact analysis and/or a risk assessment conducted in accordance with an air quality dispersion modeling protocol and/or risk screening worksheets, approved in advance by the Department and will be made available as part of the public review process for applications for initial operating permits or renewals.

1. The applicant should consider performing a voluntary air quality impact analysis and/or a risk assessment if the facility's potential to emit any HAP or NJHAP exceeds the reporting thresholds at N.J.A.C. 7:27-17.9, Tables 3A and 3B.

2. Guidance on conducting an air quality impact analysis and/or a risk assessment is available in Technical Manual 1002 (Guidance on Preparing an Air Quality Modeling Protocol) and Technical Manual 1003 (Guidance on Preparing a Risk Assessment for Air Contaminant Emissions), available at the address at (c) above.

3. An applicant for an initial operating permit or the renewal of an operating permit may voluntarily prepare a risk assessment based on ambient air quality monitoring of actual levels of HAPs or NJHAPs, in lieu of an assessment based on air quality dispersion modeling. Guidance on conducting air monitoring is available at the following address:

Department of Environmental Protection

Division of Air Quality

401 East State Street, 2nd Floor

Mail Code 401-02E

PO Box 420

Trenton, New Jersey 08625-0420

Telephone: (609) 292-0138

(e) Any new or revised technical manuals and any associated risk screening worksheets referenced in this section will be subject to public input prior to finalization.

N.J. Admin. Code § 7:27-22.8

Adopted by 49 N.J.R. 3511(a), effective 11/6/2017

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