N.J. Admin. Code § 7:27-8.5
Current through Register Vol. 56, No. 11, June 3, 2024
Section 7:27-8.5 - Air quality impact analysis(a) An application shall include an air quality impact analysis, conducted in accordance with this section, if: 1. The application is subject to PSD air quality impact analysis requirements set forth at 40 CFR Part 52 ;2. The proposed maximum allowable emissions of an air contaminant would result in a significant net emission increase, as calculated in accordance with 7:27-18.7, and: i. The facility for which the application is submitted is a major facility as defined at 7:27-8.1; orii. The emission increase, proposed in the application for any air contaminant, by itself equals or exceeds the major facility threshold level which determines if a facility is a major facility for that air contaminant;3. A State or Federal rule requires that an air quality impact analysis be performed; or4. The Department determines that an air quality impact analysis is required for an accurate assessment of the environmental impact of the activities proposed.(b) An air quality impact analysis shall include ambient air monitoring and risk assessment, if the Department determines that this is required for an accurate assessment of the impact of the activities proposed.(c) An air quality impact analysis shall demonstrate whether the maximum controlled emissions stated on the preconstruction permit application may cause: 1. A violation of any State or Federal ambient air quality standard;2. Any exceedance of a PSD increment as defined in 40 CFR Part 52;3. An increase in ambient air concentration that equals or exceeds the significant air quality effect level, as set forth in Table 1 of 7:27-18.4(a), in a nonattainment area for any air contaminant; or4. A contravention of any other criterion established by the Department to protect human health and welfare and the environment.(d) An air quality impact analysis and/or a risk assessment shall be conducted in accordance with an air quality dispersion modeling protocol and/or risk screening worksheets approved in advance by the Department. The Department will not approve an air quality dispersion modeling protocol, unless it takes into account all relevant site-specific and general factors. These factors include, but are not limited to, a land use analysis, proper consideration of topography, a good engineering practice stack height analysis, use of the most recent version of EPA-approved models, identification of the most appropriate meteorological data, and consideration of all relevant averaging times. The air quality dispersion modeling protocol shall document how the person proposes to conduct the air quality impact analysis and/or risk assessment, and how the results will be presented to the Department. Technical guidance on the preparation of an air quality dispersion modeling protocol and the use of risk screening worksheets can be found in Technical Manual 1002 (Guidance on Preparing an Air Quality Modeling Protocol) and Technical Manual 1003 (Guidance on Preparing a Risk Assessment for Air Contaminant Emissions), available on the Department's website athttp://www.nj.gov/dep/aqpp/techman.html. The risk screening worksheets are available on the Department's website athttp://www.state.nj.us/dep/aqpp/risk.html . Additional technical guidance on preparing a protocol may be requested from: Department of Environmental Protection
Air Quality Regulation and Planning
Bureau of Evaluation and Planning
Air Quality Evaluation Section
401 East State Street, 2nd Floor
Mail Code 401-02
PO Box 420
Trenton, New Jersey 08625-0420
Telephone: (609) 292-6722
N.J. Admin. Code § 7:27-8.5
New Rule, R.1998 d.231, effective 5/4/1998 (operative June 12, 1998).
See: 29 N.J.R. 3521(a), 30 N.J.R. 1563(b).
Former N.J.A.C. 7:27-8.5, Public comment, recodified to N.J.A.C. 7:27-8.10.
Administrative change.
See: 43 N.J.R. 2328(a).Amended by 54 N.J.R. 560(a), effective 4/4/2022