N.J. Admin. Code § 7:27-8.2

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

Section 7:27-8.2 - Applicability

(a) This subchapter applies to certain sources of air contaminant emissions. Some of the sources are pieces of equipment; others are source operations or processes. A source that is required to have a permit and certificate under this subchapter is called a "significant source." A source that is not required to have a permit and certificate under this subchapter is called an "insignificant source."

(b) The following requirements apply to a significant source subject to this subchapter at a facility that becomes subject to operating permit requirements under N.J.A.C. 7:27-22:

1. All permits and certificates required by this subchapter must be obtained and maintained until an operating permit, as defined at N.J.A.C. 7:27-8.1 and 22.1, is issued. Upon issuance of an operating permit, the terms and conditions of the preconstruction permit and operating certificates shall be consolidated in the operating permit.

2. If a new source that is subject to operating permit requirements elects under N.J.A.C. 7:27-22.5(g) to obtain a preconstruction permit and certificate under this subchapter prior to obtaining an operating permit, the source shall continue to comply with the terms and conditions of the preconstruction permit and operating certificate, which shall be consolidated in the operating permit, as defined at N.J.A.C. 7:27-8.1 and 22.1; and

3. In some cases, a portion of an operating permit facility (such as a research and development operation) is not subject to operating permit requirements. In such a case, the owner or operator of the facility shall obtain and maintain a separate preconstruction permit and operating certificate for the portion of the facility that is not subject to an operating permit. The terms and conditions of the preconstruction permit and operating certificate shall remain separate from and shall not be consolidated into the facility's operating permit.

(c) Any equipment or source operation that may emit one or more air contaminants, except carbon dioxide (CO2 ), directly or indirectly into the outdoor air and belongs to one of the categories listed below, is a significant source (and, therefore, requires a preconstruction permit and an operating certificate), unless it is exempted from being a significant source pursuant to (d), (e), (f), or (g) below:

1. Commercial fuel burning equipment, except for a source listed in (c)21 below, that has a maximum rated heat input of 1,000,000 BTU per hour or greater to the burning chamber, including emergency generators as defined at N.J.A.C. 7:27-19.1;

2. Any source operation or equipment that has the potential to emit any Group I orII TXS, (or any combination thereof) at a rate greater than 0.1 pounds per hour (45.4 grams per hour);

3. Dry cleaning equipment;

4. A surface cleaner that uses a cleaning solution containing five percent or more VOCs, HAPs, NJHAPs, or any combination thereof, and that is:

i. An unheated open top surface cleaner with a top opening of greater than six square feet (0.56 square meters) or a capacity greater than 100 gallons;

ii. A heated open top surface cleaner;

iii. A conveyorized surface cleaner; or

iv. A stationary spray cleaning or surface stripping operation using one half gallon or more of cleaning solution in any one hour;

5. Equipment that is used in a graphic arts operation including, but not limited to, newspaper, lithographic, gravure, flexographic, letterpress and screen printing, in which the quantity of ink, fountain solution, or cleaning material used in any one hour is equal to or greater than one half gallon;

6. Any tank or vessel which has a capacity of more than 100 gallons and which is used:

i. In etching, pickling, or plating; or

ii. In chromium electroplating or chromium anodizing;

7. A transfer operation involving gasoline or other VOCs that is regulated under 7:27-16.3 or 16.4, or a marine tank vessel loading or ballasting operation that is regulated under 7:27-16.5, if the operation is required to have a control device other than bottom fill or submerged fill;

8. Stationary storage tanks which have a capacity in excess of 10,000 gallons and which are used for the storage of liquids, except water or distillates of air;

9. Stationary storage tanks which have a capacity of 2,000 gallons or greater and which are used for the storage of a VOC or mixture of VOCs having a vapor pressure or sum of partial pressures of 0.02 pounds per square inch absolute (1.0 millimeters of mercury) or greater at standard conditions;

10. Tanks, reservoirs, containers and bins which have a capacity in excess of 2,000 cubic feet and which are used for the storage of solid particles;

11. Stationary material handling equipment using pneumatic, bucket or belt conveying systems from which emissions occur;

12. Equipment that is used in a surface coating operation including, but not limited to, spray or dip painting, roller coating, and electrostatic depositing, in which the quantity of coating or cleaning material used in any one hour is equal to or greater than one half gallon of liquid;

13. Except where a registration has been filed pursuant to 7:27-20.3, any equipment that is used for the burning of non-commercial fuel, crude oil, or process by-products in any form, including, but not limited to, off-specification used oil, processed used oil fuel, or on specification used oil as defined in 7:27-20.1;

14. An incinerator;

15. Equipment that is used for treating groundwater, industrial waste water, or municipal wastewater with a solids content of less than two percent by weight as it enters the equipment (typical operations performed by this type of equipment include, but are not limited to, air stripping, aeration, digestion, thickening, flocculating, surface impounding, and dewatering), if the equipment does either of the following:

i. Treats or handles influent which has one or both of the following:

(1) A total concentration of VOCs and Group II TXS in the influent of 3,500 parts per billion by weight (ppbw) or more; or

(2) A total Group I TXS concentration in the influent of 100 ppbw or more; or

ii. Discharges more than 50 pounds per hour of sludge. For the purposes of this paragraph, wastewater with a solids content of two percent by weight or greater is considered sludge;

16. Equipment that is used for treating waste soils or sludges, including municipal solid wastes, industrial solid wastes, or recycled materials, if the influent to the equipment has a solids content of two percent by weight or greater. Typical operations performed by this type of equipment include, but are not limited to, soil cleaning, composting, pelletizing, grit classifying, drying, and transfer station operations. However an area used as a temporary storage area, such as a concrete pad or a roll-off container, shall not be considered to be equipment used for treating waste soils or sludges, provided that the area is not also used for treatment;

17. Equipment used for the purpose of venting a closed or operating dump, sanitary landfill, hazardous waste landfill, or other solid waste facility, directly or indirectly into the outdoor atmosphere including, but not limited to, any transfer station, recycling facility, or municipal solid waste composting facility;

18. Equipment that shreds wood, if the engine powering the equipment has a maximum rated gross heat input of 1,000,000 BTU per hour or greater;

19. Equipment in which the combined weight of all raw materials used exceeds 50 pounds in any one hour, provided:

i. Such equipment does not include equipment that is the same type as is included within a category described at (c)1, 2, 4 through 12, 15, or 18 above; or at (c)20, 21, or 22 below, but which is excluded from the category because it does not meet an applicability threshold set forth in the description of the category. That is, the equipment has a lower capacity, weight of materials processed, vapor pressure, or consumption of BTUs, or otherwise falls outside a parameter that is included in the description of the category;

ii. In determining the weight of the raw materials used, the weight of the following shall be excluded:

(1) Air;

(2) Water;

(3) Containers, provided that the container is not consumed as part of the operation of the equipment; and

(4) Paper, metal, or plastic that is twisted, bent, or folded, in the equipment, provided that the twisting, bending, or folding, does not cause visible emissions or air pollution;

20. Welding equipment, if the weight of the welding rod or welding wire used in the process is greater than 12 pounds in any calendar day;

21. Any stationary reciprocating engine with a maximum rated power output of 37 kW or greater, used for generating electricity, not including emergency generators; and

22. Any fumigation of a commodity or industrial structure that has the potential to emit any fumigant or combination of fumigants at a rate greater than 0.1 pounds per hour (45.4 grams per hour), except as provided at (g) below.

(d) Even if a source is listed at (c) above, any of the following is not a significant source (and, therefore, does not need a preconstruction permit and operating certificate) if it is:

1. A storage tank maintained under a pressure greater than one atmosphere provided that any vent serving such storage tank has the sole function of relieving pressure under emergency conditions;

2. Storage tanks, reservoirs, containers, or bins used on any farm for the storage of agricultural commodities produced by or consumed in the farm's own operations. This exemption does not include storage tanks, reservoirs, containers or bins used by distributors of agricultural commodities or by research facilities which develop products for use in agricultural production;

3. A stationary storage tank, provided that (d)3i, ii, and iii below are satisfied:

i. The tank is one of the following:

(1) A tank used solely to store a food-grade liquid that in its stored form is intended as food for direct human consumption. For the purposes of this subparagraph, food-grade liquids do not include liquids stored in a concentrated form; vitamins and drugs; or food additives, preservatives, or other ingredients that in their stored or manufactured form are not intended for direct human consumption; or

(2) A tank used to store liquids, provided that:

(A) The operating temperature of the tank is not greater than 350 degrees Fahrenheit; and

(B) The vapor pressure of the liquid, excluding the vapor pressure of water, is less than 0.02 pounds per square inch absolute at the liquid's actual temperature or at 70 degrees Fahrenheit, whichever temperature is higher;

ii. The following criteria are met:

(1) The tank has no visible emissions, exclusive of water vapor, to the outdoor atmosphere;

(2) The tank does not emit any air contaminant that may cause an odor detectable outside the property boundaries of the facility;

(3) The tank is not subject to any NESHAPS, MACT, or NSPS air pollution control standards, excluding the NSPS requirements to maintain a record of the tank's contents, the period of storage of these contents, and the maximum true vapor pressure of the liquid stored;

(4) The tank's potential to emit each TXS, each NJHAP, and each HAP does not exceed the reporting thresholds at N.J.A.C. 7:27-17.9, Tables 3A and 3B; and

(5) The percentage by weight of all HAPs and NJHAPs collectively in the raw material stored in the tank is less than 1.0 percent; and

iii. The owner or operator of the tank has readily available upon Department request a statement certified in accordance with N.J.A.C. 7:27-1.39, signed by the responsible official, as defined at N.J.A.C. 7:27-1.4 that:

(1) Specifies the contents of the tank;

(2) Affirms that the tank meets all of the criteria listed in (d)3i and ii above; and

(3) Attests that the tank is in compliance with all other applicable State or Federal air pollution requirements.

4. Aeration basins, lagoons and settling basins at publicly owned treatment works or domestic treatment works.

5. Equipment used in copying and duplication activities, including any microfiche copier, photocopier, xerography machine, or other photographic processing equipment by which an image is reproduced upon material sensitized by radiant energy;

6. Hand held equipment for buffing, polishing, cutting, drilling, sawing, grinding, turning, or machining wood, metal or plastic. For the purposes of this subsection, "hand held" means "can reasonably be carried by one person";

7. Equipment at a battery charging station, except at a battery manufacturing plant;

8. A source used in any of the following, if the source supports one or more production processes of the facility, and does not itself constitute a facility production process or part thereof:

i. The activities of maintenance shops, such as welding, gluing, and soldering, performed indoors or outdoors;

ii. A laundry operation that services uniforms or other clothing used at the facility, not including:

(1) Any dry cleaning process; and

(2) Any dryer that is fuel burning equipment having a maximum rated heat input of 1,000,000 BTU per hour or greater;

iii. Architectural maintenance activities conducted to take care of the buildings and structures at a facility, including repainting, reroofing, and sandblasting; and

iv. Food preparation to service facility cafeterias and dining rooms;

9. An incinerator which serves a one or two family dwelling; or which serves a multi-occupied dwelling containing six or fewer family units, one of which is occupied by the owner of the dwelling;

10. A source which:

i. Was in operation prior to the date that sources of its kind were subject to permit requirements under this subchapter;

ii. Has not been reconstructed or modified since that date; and

iii. Is still operable;

11. A fuel cell system of:

i. Any generating capacity size fueled by hydrogen without a fuel processor;

ii. Less than 5,000 kilowatts generating capacity fueled by methane; or

iii. Less than 500 kilowatts generating capacity fueled by fuels other than hydrogen or methane;

12. Electric, plasma, or gaseous-fuel cutting equipment used to cut metal or metal products, provided the metal or metal product does not contain stainless steel, alloys of lead, alloys of arsenic, or alloys of beryllium;

13. Equipment at a commercial or non-commercial greenhouse or nursery operation that is used to blend or mix potting soil (including, but not limited to, soil, compost, artificial media or soil-less media, and/or peat moss) that is used on site for plant propagation and that is not offered for sale or sold commercially;

14. Dry cleaning equipment that uses only liquid carbon dioxide (CO) as the cleaning agent;

15. Equipment used to conduct construction, repair, or maintenance (CRM) activities, provided that the equipment is portable and is located on site for no longer than one year;

16. Equipment used to temporarily replace commercial fuel burning equipment that has a maximum rated heat input of 1,000,000 BTU per hour or greater to the burning chamber, and/or stationary reciprocating engines with a maximum rated power output of 37 kW or greater, used for generating electricity, that are shut down as part of CRM activities, provided the replacement equipment:

i. Is portable;

ii. Is located on site no longer than 90 days;

iii. Does not emit any air contaminant in excess of the state-of-the-art thresholds at N.J.A.C. 7:27-8Appendix 1, Table A, incorporated herein by reference, and 17.9, Tables 3A and 3B;

iv. Is not moved from one location to another in an attempt to circumvent the requirement to be located on site no longer than 90 days;

v. Prior to operating, is listed in an electronic notification to the Department's Regional Air Enforcement Office, that:

(1) Describes the CRM activity, including the expected duration and start date;

(2) Lists the temporary replacement source operation;

(3) Lists the shutdown permitted significant source operation being replaced;

(4) States the replacement equipment will not emit any air contaminant in excess of the state-of-the-art thresholds at N.J.A.C. 7:27-8 Appendix 1, Table A, incorporated herein by reference, and 17.9, Tables 3A and 3B;

(5) Attests that the replacement equipment will remain in compliance with all other applicable State or Federal air pollution requirements;

(6) Affirms the replacement source will not exceed the 90-day residency limit and will not be moved from one location to another in an attempt to circumvent the residency requirement; and

(7) Provides a statement, certified in accordance with N.J.A.C. 7:27-1.39, and signed by the responsible official, as defined at N.J.A.C. 7:27-1.4, that affirms that the replacement equipment meets all of the criteria listed in (d)16v(1) through (6) above; and

vi. Is listed in an electronic notification to the Department's Regional Air Enforcement Office submitted within 30 days after the operation of temporary replacement equipment or source operations has ceased, that:

(1) Describes the replacement equipment that was operated as part of the CRM activity, including total duration and the completion date of the CRM activity;

(2) Lists the total emissions for each piece of replacement equipment operated;

(3) Attests that the replacement equipment remained in compliance with all other applicable State or Federal air pollution requirements;

(4) Affirms the source did not exceed the 90-day residency limit and was not moved from one location to another in an attempt to circumvent the residency requirement; and

(5) Provides a statement, certified in accordance with N.J.A.C. 7:27-1.39, and signed by the responsible official, as defined at N.J.A.C. 7:27-1.4, that affirms that the equipment met all of the criteria listed in (d)16vi(1) through (4) above;

17. Portable equipment, including associated engines that power the equipment, that is being used for an emergency management activity, provided that the equipment is not used for incineration or open burning and is not located on site for more than 90 consecutive days from the start of operation;

18. Equipment available for rent at a rental facility that is operated for testing, maintenance, or demonstration purposes only;

19. Portable hard drive and paper shredders;

20. Equipment used in the excavation and transfer of soil or sediment directly from the soil or sediment pile or excavation hole, without intermediate staging, into a transport vehicle for removal from the site; and

21. Equipment used in the baling and conveying of glass, plastic, cans, cardboard, and paper.

(e) Equipment or a source operation that would be classified as a significant source solely because it meets the criteria at (c)19 above is not a significant source (and, therefore, does not need a permit and certificate), provided that (e)1, 2, and 3 below are satisfied:

1. The equipment or source operation is one of the following:

i. A mixer, cutter, molder, conveyer, blender, filler, or cooking kettle that processes material intended as food for direct human consumption, provided that the temperature of the food does not exceed 225 degrees Fahrenheit;

ii. Equipment that sands, drills, buffs, polishes, mills, carves, presses, or planes metal or metal products, except metal products containing stainless steel, alloys of lead, alloys of arsenic, or alloys of beryllium;

iii. Equipment that sands, drills, cuts, or planes untreated and unpainted wood or wood products;

iv. Equipment that cuts, trims, perforates, folds, or molds paper or paper products;

v. A vessel with a capacity of 1,000 gallons or greater in which the mixing or blending of liquids takes place in a non-reactive process, provided that:

(1) The operating temperature of the vessel is not greater than 350 degrees Fahrenheit; and

(2) The vapor pressure of the liquid, excluding the vapor pressure of water, is less than 0.02 pounds per square inch absolute at the liquid's actual temperature, or at 70 degrees Fahrenheit, whichever temperature is higher;

vi. A vessel with a capacity of less than 1,000 gallons in which the mixing or blending of liquids takes place in a non-reactive process, provided that the vapor pressure of the liquid, excluding the vapor pressure of water, is less than 1.5 pounds per square inch; or

vii. A vessel with a capacity of less than 1,000 gallons in which the mixing or blending of either solids and liquids or solids only takes place in a non-reactive process, provided that:

(1) The vapor pressure of any liquid, excluding the vapor pressure of water, is less than 1.5 pounds per square inch; and

(2) The vessel is equipped with a control apparatus designed to remove particulate emissions at a minimum efficiency of 99 percent or is located inside a room that is equipped with a control apparatus designed to remove particulate emissions at a minimum efficiency of 99 percent; and

2. The following criteria are met:

i. The source has no visible emissions, exclusive of water vapor, to the outdoor atmosphere;

ii. The source does not emit any air contaminant that may cause an odor detectable outside the property boundaries of the facility;

iii. The source meets one of the following criteria:

(1) The source is located in an enclosed work area equipped with heating and ventilation; emissions from the source are vented directly into the work area where the equipment is located and are free from the influence of any local exhaust ventilation system; and the work area meets an OSHA indoor air quality standard for occupancy even though the emissions are being released into the work area; or

(2) The source is a mixing or blending vessel that meets the criteria set forth at (e)1v, vi, or vii above and is vented directly to the outdoor atmosphere;

iv. The source is not subject to any NSPS, NESHAPS, or MACT air pollution control standard;

v. The source's potential to emit each TXS, each NJHAP, and each HAP does not exceed the reporting thresholds at N.J.A.C. 7:27-17.9, Tables 3A and 3B; and

vi. The percentage by weight of all HAPs and NJHAPs collectively in the raw material is less than 1.0 percent; and

3. The owner or operator of the source has readily available upon Department request a statement certified in accordance with 7:27-1.39, signed by the responsible official, as defined at 7:27-1.4, that:

i. Specifies the contents of the source, if the source is a mixing or blending vessel;

ii. Affirms that the source meets all the criteria listed in (e)2 above; and

iii. Attests that the source is in compliance with all other applicable State or Federal air pollution requirements.

(f) Equipment or a source operation that would be classified as a significant source solely because it meets the criteria in (c)1 above is not a significant source (and, therefore, does not need a preconstruction permit and operating certificate) provided that it meets the criteria at (f)1 through 4 below:

1. The equipment or source operation is one of the following:

i. A microturbine with less than 500 kilowatts generating capacity that is fueled by natural gas and that has been verified according to the requirements in (f)2 below to emit less than:

(1) 0.40 pounds of NOx per megawatt hour; and

(2) 0.25 pounds of CO per megawatt hour; or

ii. Any piece of electric generating equipment, other than a fuel cell system or a microturbine, with less than 500 kilowatts generating capacity and that has been verified according to the requirements in (f)2 below to emit less than:

(1) 0.40 pounds of NOx per megawatt hour;

(2) 0.25 pounds of CO per megawatt hour;

(3) 0.10 pounds of PM per megawatt hour; and

(4) 0.01 pounds of SO2 per megawatt hour;

2. A facility with a source identified in (f)1 above shall verify its emissions and demonstrate conformance with the emission levels in (f)1 above using (f)2i or ii below. If verification process is not available pursuant to (f)2i below, or manufacturer testing has not been conducted in accordance with (f)2ii below or has been conducted in accordance with (f)2ii below but has been determined to be not acceptable with (f)2iv below, then the facility shall demonstrate conformance using (f)2iii below:

i. An applicable verification process approved by the Department pursuant to the EETV Act, or through TARP, available from the Department's Bureau of Sustainable Communities and Innovative Technologies at (609) 292-9692 or http://www.state.nj.us/dep/dsr/bscit.html;

ii. The manufacturer's test protocol, provided the facility maintains on-site for inspection by the Department a copy of the protocol, test data and the test report, and available for Department review or request, and producing documents from the equipment manufacturer that the manufacturer has:

(1) Performed representative source emission testing on a model of equipment;

(2) Had the source emission testing and the test report reviewed and certified by a licensed professional engineer;

(3) Conducted a minimum of three consecutive one-hour test runs, in which the average of the test runs shall not have exceeded the emission limits stated at (f)1i and ii above; and

(4) Converted each test run to pounds per megawatt hour before averaging; or

iii. Stack emission testing, provided the facility has:

(1) Developed and used, a stack emission testing protocol using the protocol templates in Technical Manual 1004, available at the Department's website http://www.state.nj.us/dep/bts/consult.html;

(2) Conducted a minimum of three consecutive one-hour test runs, in which the average of the test runs shall not exceed the emission limits stated at (f)1i and ii above; and

(3) Converted the results of each test run to pounds per megawatt hour before averaging.

iv. The Department may determine that the manufacturer's testing of a model of the equipment, under (f)2ii above, is not acceptable. The Department's basis for rejecting the manufacturer testing may include, but need not be limited to, inappropriate test methods, invalid test data, or test data that indicate emissions above the specified limits;

3. The owner or operator of the source shall have available on site a statement, certified in accordance with 7:27-1.39, by the responsible official, that the equipment or source operation meets all the criteria in (f)1 and 2 above. This certification shall be provided to the Department upon request; and

4. If the Department has reason to believe, as a result of an inspection or otherwise, that the equipment or a source operation is emitting NOx above the specified limits, the Department, at its discretion, may require the owner or operator of the equipment or a source operation to submit the certified test report and/or supporting test data to the Department. The Department, at its discretion, may also require the owner or operator of a source to perform source emission testing in accordance with 7:27-8.4(f).

(g) A fumigation operation that would be classified as a significant source solely because it meets the criteria at (c) 22 above is not a significant source (and, therefore, does not need a permit and certificate) if the operation is an emergency fumigation operation and there has been no other fumigation operation by the facility or source owner or operator within the preceding five years, including an emergency fumigation operation meeting the requirements of this section or N.J.A.C. 7:27-22.36. A fumigation operation that was performed before June 3, 2022, will not disqualify a subsequent emergency fumigation operation from the use of this section. The following requirements apply to emergency fumigation operations meeting the above criteria:

1. The owner or operator shall provide advance notification to the Department of the emergency fumigation operation by first-class mail or electronic mail, as provided at (g)2 below, that includes the following:

i. Documentation that the operation is an emergency fumigation operation;

ii. The exact physical location of the facility at which the emergency fumigation operation will be conducted and the distance to the nearest property line, building, structure, and public area;

iii. The industrial structure(s) to be fumigated, including the number of industrial structure(s);

iv. The commodity to be fumigated, including quantity;

v. The fumigant name and estimated quantity to be used; and

vi. The name and address of the company that will perform the emergency fumigation operation;

2. The owner or operator shall submit, to the Department, the pre-fumigation notice required at (g)1 above and the post-fumigation report required at (g)6 below through the appropriate regional Bureau of Air Compliance and Enforcement by first-class mail or by email, as follows:

i. If the emergency fumigation operation is located in Bergen, Essex, Hudson, Hunterdon, Morris, Passaic, Somerset, Sussex, Union, or Warren County:

Bureau of Air Compliance & Enforcement--Northern

7 Ridgedale Ave

Cedar Knolls, NJ 07927

AirCE-Northern@dep.nj.gov ;

ii. If the emergency fumigation operation is located in Burlington, Mercer, Middlesex, Monmouth, or Ocean County:

Bureau of Air Compliance & Enforcement--Central

401 E State St

Mail Code 22-03A, PO Box 420

Trenton, NJ 08625-0420

AirCE-Central@dep.nj.gov ; or

iii. If the emergency fumigation operation is located in Atlantic, Camden, Cape May, Cumberland, Gloucester, or Salem County:

Bureau of Air Compliance & Enforcement--Southern

2 Riverside Dr, Suite 201

Camden, NJ 08103

AirCE-Southern@dep.nj.gov ;

3. Prior to the application of fumigant at the site, and until aeration is completed, the owner or operator shall post visible and legible signs on the property at any access point and at the facility fence or property line closest to any public right-of-way. The signs must include all wording/information for placards required by the Federally approved fumigant label to identify the operation as dangerous and provide other details, including:

i. The date the fumigation will begin;

ii. The name and the EPA registration number of the fumigant used;

iii. The name, address, and telephone number of the fumigation company and/or applicator; and

iv. A 24-hour emergency response telephone number;

4. The emergency fumigation operation must include a stack that extends above the highest point of the container/roofline and exhausts vertically to remove the fumigant;

5. The emergency fumigation operation must be discontinued, or the rate of aeration must be decreased, if the monitored concentration level limit established in the fumigant label is exceeded at the fence or property line; and

6. Within 30 calendar days following the completion of the emergency fumigation operation, the owner or operator shall submit to the Department, by first-class mail or electronic mail, as provided at (g)2 above, a written report that includes the following:

i. The exact physical location of the facility at which the emergency fumigation operation was conducted and the distance to the nearest property line, building, structure, and public area;

ii. The industrial structure(s) that were fumigated, including the number of industrial structure(s);

iii. The commodity fumigated, including quantity;

iv. The name and address of the company that performed the emergency fumigation operation;

v. The identity of the State or Federal authority that required the emergency fumigation operation;

vi. The equipment used to perform the emergency fumigation operation, including the containment system employed (for example, tarp, sealed container, or fumigation chamber);

vii. The name and quantity of the fumigant used, including a copy of the fumigant label;

viii. The duration of the fumigation and aeration, including the start and end times for each;

ix. The method employed to release the fumigant to the atmosphere after completion of the emergency fumigation operation and aeration, including the rate of release and the distance above the ground at which the fumigant was released;

x. A brief description of the capture and control device used, if any; and

xi. A summary of the fumigation operations, if any, conducted by the facility or source owner or operator over the preceding five years, including any emergency fumigation operation conducted pursuant to this section or N.J.A.C. 7:27-22.36(a). The summary must include the date, amount of fumigant used, and the commodity or industrial structure fumigated for each fumigation operation.

(h) Control apparatus serving a significant source shall be included in the preconstruction permit and operating certificate for the significant source.

(i) Although an insignificant source does not require a permit, emissions information from an insignificant source may be required on an application pursuant to N.J.A.C. 7:27-84 if the insignificant source vents to a control device, stack, or chimney that also serves a significant source.

(j) This subchapter shall not preclude the owner or operator of a facility from voluntarily obtaining a preconstruction permit and operating certificate for a source not otherwise required to obtain a permit.

N.J. Admin. Code § 7:27-8.2

Amended by 49 N.J.R. 3590(a), effective 11/20/2017

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

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