N.J. Admin. Code § 7:27-8.4

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

Section 7:27-8.4 - How to apply, register, submit a notice, or renew

(a) This subchapter applies to:

1. Application for a preconstruction permit and operating certificate;

2. Application for a preconstruction permit and operating certificate for an environmental improvement pilot test;

3. Application for a preconstruction permit and operating certificate revision;

4. Application for a compliance plan change;

5. Registration of one or more sources under a general permit;

6. Registration of one of more used oil space heaters;

7. Notice of a seven-day-notice change;

8. Notice of an amendment to a preconstruction permit and operating certificate;

9. Notice of an amendment to a preconstruction permit and operating certificate for an environmental improvement pilot test;

10. Notice of an amendment to a registration;

11. Renewal of an operating certificate; and

12. Renewal of a registration.

(b) The actions listed at (a)1 through 12 above shall be submitted in accordance with (c) below on forms obtained from the Department. These forms, and information about these actions, may be obtained in the following ways:

1. In paper form, by contacting the Department at:

Department of Environmental Protection

Air Quality Regulation and Planning

Bureau of Stationary Sources

Preconstruction Permits Section

401 East State Street

Mail Code 401-02

PO Box 420

Trenton, New Jersey 08625-0420

Telephone: (609) 292-6716 or 1-800-441-0065

Website :http://www.nj.gov/dep/aqpp ; or

2. In electronic form, through the Department's Remote AIMS Data Input User System (RADIUS) or Electronic New Jersey Environmental Management System (e-NJEMS), which can be accessed through the Department's website at the address in (b)1 above.

(c) A completed electronic or paper application form, registration form, notice or renewal application stub and renewal fee payment shall be submitted as follows:

1. Prior to January 1, 2008, a completed application form or notice shall be submitted to the Department on paper in accordance with (c)6 below, electronically other than via the Internet in accordance with (c)6 below, or electronically via the Internet, if available, in accordance with (c)7 below.

2. On or after January 1, 2008, a completed application form or notice shall be submitted to the Department electronically other than via the Internet in accordance with (c)6 below, or electronically via the Internet, if available, in accordance with (c)7 below.

3. Prior to January 1, 2010, a completed registration form shall be submitted to the Department on paper in accordance with (c)6 below, electronically other than via the Internet in accordance with (c)6 below, or electronically via the Internet, if available, in accordance with (c)7 below.

4. On or after January 1, 2010, a completed registration form shall be submitted to the Department electronically via the Internet, if available, in accordance with (c)7 below.

5. A completed renewal application stub and renewal fee payment shall be submitted on paper in accordance with (c)6 below, electronically other than via the Internet in accordance with (c)6 below, or electronically via the Internet in accordance with (c)7 below, and in accordance with all other rules in this subchapter regarding renewals including, but not limited to, 7:27-8.4(a), (f) and (n); 8.7(e) and (f); 8.13(b)1 and 2; 8.14(d); and 8.16(a)5.

6. A submission on paper, or on a removable electronic medium using one of the non-Internet-based electronic methods listed at http://www.state.nj.us/dep/aqpp, shall be sent via the postal service, a delivery service, or otherwise delivered, to the address listed on the application form, registration form, renewal application stub or listed in the non-Internet-based electronic method. If a person wishes to document the date upon which a completed application form, registration form, notice or renewal application stub and renewal fee payment is submitted, the person may submit the application form, registration form, notice or renewal application stub and renewal fee payment in a way that will provide documentation of the submittal date, such as by certified mail.

7. An Internet-based electronic submission shall be through an Internet-based electronic method listed at http://www.state.nj.us/dep/aqpp. If a person wishes to document the date of the Internet-based electronic submission, the person may print the appropriate website confirmation screen.

(d) An application, registration or notice shall contain such details regarding the equipment or control apparatus as necessary to determine that the equipment or control apparatus is designed to operate without causing a violation of any relevant State or Federal laws or regulations. In addition, if a source is required to document advances in the art of air pollution control (or SOTA) under 7:27-8.11, Standards for issuing a permit, the Department shall require information necessary to determine compliance with the SOTA requirement in accordance with 7:27-8.12, State of the art. Information required under this subsection may include description of processes, raw materials used, operating procedures, physical and chemical nature of any air contaminant, volume of gas discharged, and such other information as the Department considers necessary.

(e) All information submitted to the Department shall be public information except that which is designated confidential in accordance with 26:2C-9.2 and N.J.A.C. 7:27-1. To claim information submitted as part of an application, registration or notice as confidential information, the applicant shall clearly mark the information as required at 7:27-1.6. The Department shall handle the confidentiality claim in accordance with 7:27-1.6 through 1.30.

(f) Before an operating certificate, or any renewal thereof, is approved, the Department may require the applicant to conduct such testing as is necessary, at the discretion of the Department, to verify that the kind and amount of air contaminants emitted from the equipment or control apparatus are in compliance with the limits established in the preconstruction permit and certificate and that only the air contaminants approved in the preconstruction permit are being emitted. If such testing is required, the applicant shall:

1. Submit a source-specific testing protocol to the Department, if such a protocol is required in the conditions of approval of the preconstruction permit or certificate. The protocol shall be submitted at least 60 days prior to the anticipated date of the testing, except where the Department determines that a different submittal date is needed to allow for adequate testing;

2. Obtain approval of any required source-specific testing protocol from the Department in advance of conducting the testing;

3. Conduct the testing in accordance with a standard testing procedure acceptable to the Department or the approved source-specific testing protocol approved in advance by the Department;

4. Contact the Department to schedule mutually acceptable testing dates and startup times at least 30 days in advance of the planned testing date for any testing conducted pursuant to a source-specific testing protocol, except in cases where the Department has approved a different test notification requirement in the preconstruction permit or certificate;

5. Submit the test report to the Department within 30 days after the completion of the sampling, unless a longer period for submission is approved in writing by the Department; and

6. Have the test report from any source emission testing reviewed and certified by a licensed professional engineer, or by an industrial hygienist who has been certified by the American Board of Industrial Hygiene, prior to their submission to the Department.

(g) The application, registration or notice form shall require the applicant to provide information about significant sources. The applicant does not need to include information on any insignificant sources, except where emissions from the insignificant source are released through the same control device as emissions from a significant source. Where this occurs, the form shall require a list of the emissions from the insignificant source(s), as well as the emissions from the significant source. (Even if emissions from an insignificant source are listed, there is no fee for the insignificant source. This is stated at 7:27-8.6(k).)

(h) In some cases, an application, registration or notice (and the issued permit) may cover more than one source. Determination of the number of sources to be included shall depend on how each source is vented or, in the case of batch processing operations, how the product is made or it may be based on another basis for a logical grouping, provided that this basis is approved by the Department:

1. For a single source that exhausts through one or more stacks or vents, the applicant shall apply for one permit;

2. For multiple sources that exhaust through a common stack or vent, or through common stacks or vents, the applicant shall apply for one permit to cover all these sources;

3. For multiple sources that each exhaust through an individual stack or vent, the applicant shall either apply for a single permit for each source, so that the number of permits will be equal to the number of sources, or shall apply for permit(s) based on logical grouping(s) approved by the Department; and

4. For batch processing operations in which two or more sources make up a process unit, an applicant may choose to include these sources in one permit application.

(i) Any person who is applying for a preconstruction permit or permit revision shall submit as part of the application, an NSPS and NESHAP applicability and compliance demonstration, if the proposed equipment or the intended use of the proposed equipment is within any source category to which any NSPS or NESHAP is applicable.

(j) If required under 7:27-8.5, an application shall include a protocol for conducting an air quality impact analysis. The protocol shall include a risk assessment if one is required under 7:27-8.5.

(k) An application, registration, or notice must, if required by the applicable form, list each air contaminant that meets either of the following conditions:

1. The source operation's potential to emit the air contaminant is equal to or higher than the applicable reporting threshold in Table A at N.J.A.C. 7:27-8 Appendix 1, incorporated herein by reference, or 17.9, Tables 3A and 3B; or

2. The source operation may, under normal operations, emit the air contaminant in an amount which may result in noncompliance with the air pollution odor provisions at 7:27-8.3(j) and N.J.A.C. 7:27-5.

(l) When listing raw materials on an application, registration, or notice, the applicant shall list each HAP and NJHAP raw material separately. Each non-HAP and non-NJHAP raw material shall be:

1. Listed separately; or

2. Listed in a group of non-HAP and non-NJHAP raw materials with similar physical and/or chemical properties. If a group is listed, the group must be approved by the Department as sufficiently limited, so as to allow the Department to evaluate whether the source, using those raw materials, complies with specified maximum emission rates and applicable requirements.

(m) When listing the emissions for a contaminant for which emissions information is required pursuant to (k) above:

1. The applicant shall separately list emissions for each HAP and NJHAP;

2. Emissions for each non-HAP and non-NJHAP shall be:

i. Listed separately; or

ii. If the contaminant is a VOC or particulate, the emissions may be listed in a group of total VOCs or total particulates; and

3. If a source emits a contaminant that is a HAP or an NJHAP and is also a VOC or a particulate, emissions of that air contaminant shall be listed as a HAP or as an NJHAP, and shall also be included in any grouping of total VOCs or total particulates.

(n) In order to ensure timely renewal of an operating certificate, a used oil space heater registration, or a registration under a general permit, the permittee shall submit the renewal application stub and the renewal fee payment in accordance with (c) above not less than 90 days prior to the expiration date of the operating certificate, general permit registration or used oil space heater registration.

(o) Any person submitting an application, registration or notice to the Department pursuant to this subchapter shall include, as an integral part of the application, certifications complying with 7:27-1.39.

(p) Any information an applicant wants the Department to take into consideration in making a decision on an application, registration or notice shall be submitted to the Department in writing prior to the Department's making a decision on the application, registration or notice.

(q) If the permit and certificate shall cover any of the sources listed below, the application, registration or notice shall also include a demonstration that appropriate odor prevention measures will ensure compliance with the odor provisions at 7:27-8.3(j) and N.J.A.C. 7:27-5:

1. Sewage sludge treatment and storage equipment;

2. Municipal wastewater treatment equipment;

3. A landfill;

4. A municipal solid waste transfer station;

5. A composting facility;

6. Coffee roasting equipment; or

7. Equipment used for slaughtering, meat or shellfish processing, meat byproduct processing, or rendering.

(r) An owner or operator of a fumigation operation of a commodity or industrial structure that exceeds the permit applicability threshold at N.J.A.C. 7:27-82(c)22 as of June 3, 2022, shall submit an application for a preconstruction permit and operating certificate or a preconstruction permit and operating certificate revision no later than February 3, 2023.

(s) For a significant source included in any of the following categories, the Department has prepared permitting procedures manuals, which summarize certain alternative application and permitting procedures developed to take into consideration the specific characteristics of these sources. An applicant may elect, for sources in these categories, to use the alternative procedures, rather than the corresponding standard procedures set forth in this subchapter. The manuals are available from the Department at the address in (b) above:

1. Batch plants (see technical manual 1301);

2. Pilot plants (see technical manual 1302);

3. Dual plants (see technical manual 1302); and

4. Laboratory operations (see technical manual 1211).

N.J. Admin. Code § 7:27-8.4

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

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