N.J. Admin. Code § 7:27-8.10

Current through Register Vol. 56, No. 11, June 3, 2024

Section 7:27-8.10 - Public comment

(a) The Department shall seek comments from the general public prior to making any final decision on those applications for which such comment is required by State or Federal statutes. Such applications include, but are not limited to, those applications which:

1. Are subject to the PSD requirements published at 40 CFR 52;

2. Must be submitted to the EPA for approval as revisions to any state implementation plan; or

3. Are subject to emissions offset requirements under N.J.A.C. 7:27-18.

(b) The Commissioner of the Department may seek comments from the public whenever the Commissioner finds a significant degree of public interest in an application, or whenever the Commissioner determines such comments might clarify one or more issues involved in the decision on the application. In determining whether to seek or accept public comment, the Commissioner shall consider factors relevant to the subject application and the applicable requirements. These factors may include, but are not limited to, the following:

1. The extent of any emissions increase;

2. The impact of any emissions increase on ambient air quality, human health and welfare, and the environment;

3. The applicant's record of compliance with air pollution control requirements;

4. Any other air pollution control aspects of the application or facility which might make the application of particular interest to the public.

(c) The Department shall notify those who submitted a written request for public comment of the Commissioner's decision regarding their request. The Commissioner's notification shall be in writing, and if the decision is a denial, the notification shall include a discussion of the factors in (b) above, as well as a description of all other factors which formed the basis for the decision.

N.J. Admin. Code § 7:27-8.10

New Rule, R.1991 d.109, effective 3/4/1991 (operative March 31, 1991).
See: 22 New Jersey Register 292(a), 23 New Jersey Register 723(a).
Old section recodified to 8.6.
Amended by R.1994 d.502, effective 10/3/1994 (operative October 31, 1994).
See: 25 New Jersey Register 3963(a), 25 New Jersey Register 4836(a), 26 New Jersey Register 793(a), 26 New Jersey Register 3943(b).
Recodified from N.J.A.C. 7:27-8.5 and amended by R.1998 d.231, effective 5/4/1998 (operative June 12, 1998).
See: 29 New Jersey Register 3521(a), 30 New Jersey Register 1563(b).
Rewrote the section. Former N.J.A.C. 7:27-8.10, Revocation, recodified to N.J.A.C. 7:27-8.16.