N.J. Admin. Code § 7:27-8.21

Current through Register Vol. 56, No. 24, December 18, 2024

Section 7:27-8.21 - Amendments

(a) An amendment allows a permittee or a registrant to proceed with a change to a permitted source, or to its permit or certificate, or to a registration, provided that the permittee or registrant submits a notice of the change within 120 days after the start of the change. This subchapter refers to such a notice as a notice of amendment.

(b) A permittee shall notify the Department of the following changes as an amendment:

1. A change in the permit and certificate information which allows the Department to identify and contact the permittee, including company name or mailing address; division name; plant name or address; name or address of any owner's agent; or name or telephone number of the on-site facility manager, any additional plant contact, or of any responsible official (as defined at N.J.A.C. 7:27-1.4);

2. A transfer of ownership or operational control of the source or the facility;

3. A change to the name, number, or designation given to any equipment or stack in the permit or certificate;

4. Any of the following changes to a permitted source's stack or chimney or the use thereof, if the change complies with EPA stack height regulations at 40 CFR Part 51:

i. A change in the number of stacks or chimneys serving the source, if the change does not result in any discharge height less than that of the tallest stack or chimney existing prior to the change;

ii. A decrease in the diameter of a stack or chimney, if the exhaust is vented upward;

iii. The replacement of an existing stack or chimney with a taller stack or chimney, if this results in an effective stack height which is no less than that existing before the change; or

iv. An increase in the exit temperature or volume of gas emitted from a stack or chimney;

5. The use in a permitted source of a new raw material not specified in the permit (including a change in the contents of a storage tank or container), or a change in the source's use of a raw material outside the limits in the permit, if the change would not cause any of the following:

i. An increase in actual emissions;

ii. Emission of a new air contaminant not specified in the permit and certificate, at a level that meets or exceeds the applicable reporting threshold at N.J.A.C. 7:27-8Appendix 1, Table A, incorporated herein by reference, or at 17.9, Tables 3A and 3B; or

iii. The source to become subject to a requirement that did not previously apply;

6. Replacement of an entire permitted source with a replacement source that performs the same function as the replaced source and which, for each air contaminant listed at N.J.A.C. 7:27-8Appendix 1, Table A, incorporated herein by reference, and 17.9, Tables 3A and 3B, that the replacement source may emit, has a potential to emit the air contaminant in an amount that is less than the applicable SOTA threshold level at N.J.A.C. 7:27-8Appendix 1, Table A, incorporated herein by reference, and 17.9, Tables 3A and 3B;

7. Correction of a typographical error, unless the correction would result in an increase in the actual or allowable emissions. If the correction would result in such an increase, the permittee shall:

i. File a permit revision under N.J.A.C. 7:27-8.18(a)1 ii; or

ii. If the change does not meet the criteria for a permit revision at N.J.A.C. 7:27-8.18(a)1 ii, the permittee shall submit a seven-day-notice under N.J.A.C. 7:27-8.20; and

8. A reconstruction, as described at N.J.A.C. 7:27-8.23, provided that the reconstructed source has the potential to emit each air contaminant listed at N.J.A.C. 7:27-8Appendix 1, Table A, incorporated herein by reference, and 17.9, Tables 3A and 3B, in amounts less than the applicable SOTA threshold level.

(c) The permittee shall maintain a copy of each amendment with the permit and certificate maintained at the facility.

(d) A registrant who submitted a registration form to the Department shall submit a notice of amendment to the Department to notify the Department of:

1. A change in the facility name, mailing address, facility contact, and name of the responsible official who signs the certification (as responsible official is defined at N.J.A.C. 7:27-1.4); and

2. Transfer of ownership or operational control of the facility.

(e) A permittee of a facility, who is also a registrant of equipment in the same facility, may effect a change in the facility identification information required under both N.J.A.C. 7:27-8.21(b)1 and (d)1 by submitting a single notice of amendment to the Department.

(f) A permittee of a facility, who is also a registrant of equipment in the same facility, may notify the Department of a transfer of ownership or operational control of the facility, in accordance with N.J.A.C. 7:27-8.21(b)2 and (d)2, by submitting a single notice of amendment to the Department.

N.J. Admin. Code § 7:27-8.21

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

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