N.J. Admin. Code § 7:27-8.20

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

Section 7:27-8.20 - Seven-day-notice changes

(a) A seven-day-notice change allows a permittee to proceed with a change seven days after the notice of the seven-day-notice change is submitted to the Department. A person acting under the authority of a seven-day-notice change does so at risk. Should the Department determine that an action was incorrectly processed as a seven-day-notice change, and should have been processed as a compliance plan change or permit revision, the permittee may be subject to penalties for noncompliance with this subchapter.

(b) A seven-day-notice may be used for the following:

1. A change made to a permitted source which meets all three of the following requirements:

i. The action is a physical or operational change that is outside the scope of activities allowed by the permit;

ii. The action has the potential to result in an increase in actual emissions, but will not increase emissions over the allowable limits in the permit and certificate; and

iii. The action will not alter stack parameters or characteristics so as to cause the ground level concentration of an air contaminant to increase in that portion of the atmosphere, external to buildings, to which the general public has access; or

2. Notice indicating that an applicant plans to act at risk under the authority of 7:27-8.24 or 8.25.

(c) A permittee shall submit a seven-day-notice for construction or installation of a new insignificant source (as defined at 7:27-8.1 ), if the emissions from the insignificant source shall be released through the same control device as emissions from an existing, permitted significant source.

(d) A permittee shall not, pursuant to (b)1 above, use a seven-day-notice for a change that would:

1. Result in emissions exceeding permit limits; or

2. Result in emission of a new air contaminant at a level that would cause the source's potential to emit to exceed reporting thresholds at N.J.A.C. 7:27-8Appendix 1, Table A, incorporated herein by reference, or at 17.9, Tables 3A and 3B.

(e) The Department shall separately evaluate each change submitted under (b)1 above to determine its effect on actual emissions. If a change, evaluated alone, would cause an increase in actual emissions (but not to a level over permit allowables), it shall be processed through a seven-day-notice, regardless of whether other, simultaneous changes might reduce emissions to compensate for the increase. For example, if a permittee plans two changes, one increasing emissions (but not to a level over permit allowables), and one reducing emissions by the same amount, the change which increases emissions shall be processed through a seven-day-notice. Similarly, the Department shall separately evaluate each change submitted under (b)1 above to determine its effect on allowable emissions. If a change, evaluated alone, would cause a permit limit to be exceeded, it may not be processed through a seven-day-notice, regardless of whether other, simultaneous changes might reduce emissions to compensate for the increase. For example, if a permittee plans two changes, one increasing emissions over a permit limit, and one reducing emissions by the same amount, the change which increases emissions may not be processed through a seven-day-notice. Instead, the change shall be submitted as a permit revision under 7:27-8.18.

(f) The Department shall send an acknowledgment when it receives a notice of a seven-day-notice change. However, the acknowledgment only indicates the date upon which the Department received the notice. It does not mean that the Department has reviewed or approved the notice. Therefore, if the notice is incomplete or deficient, the Department's acknowledgment does not in any way relieve the owner or operator from liability for penalties for any unauthorized activities.

(g) If all of the requirements of this section are met, the permittee may begin the actions proposed in the notice of a seven-day-notice change starting seven days after the notice has been submitted to the Department.

(h) The permittee shall maintain a copy of each notice of a seven-day-notice change with the permit and certificate maintained at the facility.

N.J. Admin. Code § 7:27-8.20

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

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