N.J. Admin. Code § 7:27-8.25

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

Section 7:27-8.25 - Special provisions for pollution control equipment or pollution prevention process modifications

(a) As provided at 26:2C-9.3 and 9.4, a private entity, as defined at 7:27-8.1, may proceed with the following activities while an application covering those activities is being reviewed by the Department:

1. Construction, installation, reconstruction or operation of control apparatus serving an existing source; or

2. Implementation of a pollution prevention process modification, as defined at 7:27-8.1, involving one or more existing sources.

(b) This section does not authorize any activities which:

1. Are prohibited under the Federal Clean Air Act;

2. Shall result in increased emissions;

3. Shall result in emission of an air contaminant not previously emitted; or

4. If the source is covered by a permit or certificate, shall result in air contaminant emissions which are not authorized under that permit or certificate.

(c) To act under the authority of this section, the applicant shall:

1. Have submitted a complete application covering activities listed at (b) above; and

2. Notify the Department in writing seven days prior to beginning the activities listed in (b) above. This notice shall be submitted in accordance with the procedure for a seven-day-notice change at 7:27-8.20, and shall include the fee for a seven day notice set forth at 7:27-8.6.

(d) An applicant who acts under the authority of this section assumes all risks for the actions. If an applicant pursues activities under this section, and the Department does not approve the activities as proposed in the application, the applicant may be required to reverse the activities, and may be liable for penalties for the activities under (h) below.

(e) This section does not limit the Department in establishing standards, nor in reviewing any application.

(f) Costs incurred by the applicant in connection with actions taken under this section may not be used as grounds for an appeal of the Department's decision on the application.

(g) If the Department determines that actions taken at risk by the applicant under this section are inconsistent with applicable law, the Department and the applicant shall enter into an agreement. The agreement shall contain a date by which the applicant shall comply with the law. If the Department and the applicant fail to enter into an agreement, the Department may issue a schedule setting forth a date by which the applicant shall comply.

(h) If the applicant fails to comply with the schedule set under (g) above, the applicant shall be subject to penalties if the applicant's actions have caused:

1. Emission of an air contaminant not previously being emitted;

2. Emission of an air contaminant not authorized by an existing permit; or

3. An exceedance of an emission limit in an existing permit.

N.J. Admin. Code § 7:27-8.25

New Rule, 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).
Amended by R.2000 d.204, effective 5/15/2000 (operative June 6, 2000).
See: 31 New Jersey Register 1671(a), 32 New Jersey Register 1808(a).
In (d), added the last sentence.
Amended by R.2002 d.53, effective 2/4/2002 (operative March 12, 2002).
See: 33 New Jersey Register 3290(a), 34 New Jersey Register 756(a).
Rewrote (d).
Amended by R.2004 d.129, effective 4/5/2004 (operative April 25, 2004).
See: 35 New Jersey Register 3486(a), 36 New Jersey Register 1791(a).
In (d), deleted the last sentence.