N.J. Admin. Code § 7:27-8.28

Current through Register Vol. 56, No. 17, September 3, 2024

Section 7:27-8.28 - Delay of testing

(a) A permittee may seek the approval of the Department for a delay in testing required pursuant to N.J.A.C. 7:27-8.4(f), 8.7(f), or 8.13(d). In such case the following applies:

1. The permittee shall submit a request for such approval on paper to the address given at N.J.A.C. 7:27-8.4(b) and to the appropriate regional enforcement office indicated at (a)1i, ii, or iii below, or to the address specified on the Department's website at http://www.nj.gov/dep/easyaccess/compenf.htm#Aircomplenf ;

i. If the permitted source is located in Burlington, Mercer, Middlesex, Monmouth, or Ocean County:

Department of Environmental Protection

Bureau of Air Compliance & Enforcement--Central

401 E State St

Mail Code 22-03A

PO Box 420

Trenton, NJ 08625-0420.

ii. If the permitted source is located in Bergen, Essex, Hudson, Hunterdon, Morris, Passaic, Somerset, Sussex, Union, or Warren County:

Department of Environmental Protection

Bureau of Air Compliance & Enforcement -Northern

7 Ridgedale Avenue

Cedar Knolls, NJ 07927.

iii. If the permitted source is located in Atlantic, Camden, Cape May, Cumberland, Gloucester, or Salem County:

Department of Environmental Protection

Bureau of Air Compliance & Enforcement--Southern

2 Riverside Drive, Suite 201

Camden, NJ 08103.

2. A request for a delay in testing shall include the following information, at a minimum:

i. Justification why the delay in testing is necessary;

ii. A proposed test date or a proposed set of conditions that would define a future test date; and

iii. Certification signed by the responsible party at the facility and in accordance with the certification procedures at 7:27-1.39.

3. The Department shall approve each initial request for a delay in testing of up to 90 days, and any subsequent request for a delay in testing, only if one of the following criteria is met:

i. The test was delayed due to a Department delay, such as if the protocol is still under review/negotiation, but only if the protocol was submitted in a timely fashion;

ii. The equipment which is to be tested had not been installed;

iii. The requirement for testing is a Federal requirement, and the EPA has given its approval in writing of the delay in testing; or

iv. The permittee has described in writing an impediment to the testing, which, based on its review of documentation submitted by the permittee, the Department has determined is a valid reason for further delaying the testing.

(b) In a request for a delay of testing, submitted pursuant to (a) above, a permittee may include a waiver of its right to assert that its emissions during the period of delay were any different than the emissions measured by the test when performed (or, if applicable, the emissions calculated based on the measurements taken).

N.J. Admin. Code § 7:27-8.28

New Rule, R.2000 d.204, effective 5/15/2000 (operative June 6, 2000).
See: 31 N.J.R. 1671(a), 32 N.J.R. 1808(a).
Amended by R.2002 d.53, effective 2/4/2002 (operative March 12, 2002).
See: 33 N.J.R. 3290(a), 34 N.J.R. 756(a).
In (a), rewrote 1 and 3.
Amended by R.2004 d.129, effective 4/5/2004 (operative April 25, 2004).
See: 35 N.J.R. 3486(a), 36 N.J.R. 1791(a).
Deleted (c).
Administrative change.
See: 43 N.J.R. 2328(a).

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