N.J. Admin. Code § 7:27-8.8

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

Section 7:27-8.8 - General permits

(a) A general permit is a pre-approved permit and certificate which applies to a specific class of significant sources. By issuing a general permit pursuant to N.J.S.A. 26:2C-9.2(h), the Department indicates that it approves the activities authorized by the general permit, provided that the owner or operator of the source registers with the Department and meets the requirements of the general permit. If a source belongs to a class of sources which qualify for a general permit, and the owner or operator of the source registers for the general permit and complies with this section, the registration satisfies the requirements at N.J.A.C. 7:27-8.3 for a permit and certificate.

(b) A general permit may not be used to cover a source which is subject to PSD requirements under 40 CFR 52.21, or which is subject to emissions offsets requirements under N.J.A.C. 7:27-18.

(c) A general permit is available for the following source:

1. Fuel Dispensing Facilities (GP-004A);

2. Fuel Dispensing Facility equipped with a Phase I vapor recovery control system (GP-004B);

3. Boiler(s) and/or heater(s) each less than five MMBTU/hr (GP-017A);

4. Emergency Generator(s) Burning Distillate Fuels (GP-005A);

5. Solid Material Storage Equipment (GP-001A);

6. (Reserved)

7. A stationary storage tank which:

i. Does not have a floating roof;

ii. Has a maximum capacity of 300,000 gallons; and

iii. Is used for storing VOC's with a vapor pressure within the applicable limit below:

(1) If the tank has a maximum capacity of 20,000 gallons or less, vapor pressure shall be less than 11.1 psia (pounds per square inch absolute) at 70 degrees Fahrenheit;

(2) If the tank has a maximum capacity of more than 20,000 gallons but less than or equal to 40,00 gallons, vapor pressure shall be less than 4.0 psia at 70 degrees Fahrenheit; or

(3) If the tank has a maximum capacity of more than 40,000 gallons but less than or equal to 300,000 gallons, less than .75 psia at 70 degrees Fahrenheit;

8. A soil vapor extraction system or a groundwater air stripping system used for the remediation of a gasoline-contaminated vehicle fueling station at one of the following types of locations:

i. A current or former gasoline retail station;

ii. A municipal, county or State garage;

iii. A police or fire department;

iv. A commercial or industrial site; or

v. A property adjacent to an approved remediation site, provided the remediation activities are relevant to the adjacent property and are conducted concurrently with the remediation activities of the approved site;

9. Boiler(s) and/or Heater(s) each greater than or equal to five MMBTU/hr and less than 10 MMBTU/hr (GP-018A);

10. One or more of any combination of non-HAP VOCs solvent degreasers of the following types:

i. Cold cleaning machines that use a VOC solvent with a vapor pressure of less than 0.02 Psi (1 mm Hg) at 20 degrees centigrade (68 degrees Fahrenheit);

ii. Heated cleaning machines that use a VOC solvent with a vapor pressure of less than 0.02 Psi (1 mm Hg) at 20 degrees centigrade (68 degrees Fahrenheit);

iii. Batch vapor cleaning machines;

iv. In-line (conveyorized) vapor cleaning machines; or

11. Boiler(s) each greater than or equal to 10 MMBTU/hr and less than 50 MMBTU/hr (GP-009B);

12. Single or multiple dry to dry cleaning equipment that uses perchloroethylene as the cleaning agent and that is equipped with a refrigerated condenser as the primary control and a carbon adsorber as a secondary control on the cylinder outlet.

13. Solvent degreasers using only Methylene Chloride or 1,1,1 Trichloroethane of the following types:

i. Batch vapor cleaning machines; or

ii. In-line vapor cleaning machines;

14. Non-HAP Dry-cleaning Equipment (GP-013A);

15. Emergency Generator(s) Burning Gaseous Fuels (GP-005B);

16. Plating, Etching, Pickling, and Electropolishing Operations (GP-015A);

17. Manufacturing and Materials Handling Equipment (GP-016A); and

18. Temporary Equipment (GP-019A);

19. Research and Development Operations (GP-020A); and

20. Indoors Fumigation Operations of Cocoa Bean Products (GP-021A).

(d) For each general permit, the Department shall provide a registration form, the general permit itself, and a document entitled "General Procedures for General Permits."

(e) The registration form shall include instructions for completing the form. The registration form shall require information identifying the registrant, identifying the source(s) which shall be covered by the registration, showing that the source meets the criteria for the general permit, and showing that the source will be operated in accordance with the general permit. In many cases, the registration form shall require the registrant to choose from among different options tailored to the source's size, operating characteristics, fuel used, and other parameters. Once the source is described or an option selected on the registration form, the registrant shall continue to operate the source within the parameters of the description and/or the selected option. The registration form shall require the registrant to certify the truth and accuracy of the information on the form. The certification shall meet the requirements of N.J.A.C. 7:27-1.39.

(f) The general permit shall include all of the conditions and requirements which must be met in order to act under the authority of the general permit, including:

1. A description of the class of significant sources which qualify for the general permit, including an explanation of how many of each type of source may be covered by one general permit registration;

2. All requirements which apply to the source and which are satisfied by the general permit;

3. Any monitoring, recordkeeping or reporting requirements;

4. If applicable, standards the source must meet to comply with N.J.A.C. 7:27-8.12, State of the art; and

5. Citations to the laws or rules which form the basis for the requirements listed in (f)2 through 4 above.

(g) The "General Procedures for General Permits" shall apply to all general permits, and shall include instructions for the use of general permits, a list of available general permits, and citations to regulatory provisions that apply to the use of general permits.

(h) Some general permits apply to only one source, while others may apply to a class of sources located at the same facility. Each general permit shall specify whether it applies to a group or to a single source. If a general permit applies to only one source, and if several sources at one facility qualify for that general permit, a separate registration, including a fee, shall be submitted for each source.

(i) The authority to act under a general permit begins upon the registrant's receipt of proof of the Department's receipt of the properly completed registration form (including the registration fee specified at N.J.A.C. 7:27-8.6). This proof can be a certified mail receipt, or a copy of the Department's written acknowledgment, issued under (k) below. A registrant may continue to act under the general permit for five years after the date of the proof of receipt, unless:

1. A shorter term is specified in the general permit or the General Procedures for General Permits; or

2. The Department amends the general permit based on a change to a law or regulation in accordance with (n) below.

(j) The registrant is fully responsible for ensuring that the requirements of the general permit, the General Procedures for General Permits, and this section are complied with. If an owner or operator has registered a source under a general permit and the registration is incorrect or deficient, the owner or operator may be liable for penalties for acting without a permit or certificate. Examples of ways a registration might be incorrect or deficient include: if the registered source does not qualify for the general permit; if the registration was improperly completed; or if the registration did not include a key element such as required information or the correct fee.

(k) The Department shall send an acknowledgment when a registration, including the appropriate fee, is received. However, the acknowledgment only indicates that the Department received the registration, and does not mean that the Department has reviewed or approved the registration. Therefore, if the registration is incorrect or deficient, the Department's acknowledgment does not in any way relieve the owner or operator from liability for penalties for any unauthorized activities.

(l) A registrant shall operate within the conditions of the general permit. If the registration form allows the registrant to choose a particular option tailored to the source, the registrant shall operate the source within the parameters set forth in that option. Failure to operate within the parameters of the chosen option and within the general permit conditions shall constitute violation of a permit. If a registrant wants to make a change to a source which has been registered under a general permit, a new general permit registration is required, unless the changed source would remain within the class of sources which qualify for the general permit, and the source would continue to be operated in accordance with the parameters set forth in the option chosen in the registration.

(m) To issue a general permit, or to amend an existing one, the Department shall draft a new or amended registration form and general permit, and shall publish a notice in the New Jersey Register that these documents are available for review and comment. When the comment period closes, the Department shall incorporate any changes the Department deems appropriate. The Department shall then announce the final general permit, and add it to the list of sources in (c) above, through a notice of administrative change published in the New Jersey Register.

(n) If the Department changes an existing general permit, it shall notify each person who has registered under the general permit. The registrant shall comply with any applicable new requirements as follows:

1. If the change to the general permit is required by a statute or regulation, a registrant shall comply by the date required for compliance in the statute or regulation. If the registrant cannot comply by that date, the registrant must stop operating the source or obtain by that date a source-specific permit and certificate which authorizes continued operation; and

2. If the change to the general permit is not required by a statute or regulation, a registrant shall comply by the date which is 90 days after the date that the notice was received from the Department or the date when the registration, whichever is later. Thereafter, the registrant shall comply with the changed general permit.

(o) A person who wishes to register a source under a general permit may obtain the registration form, the general permit, and the General Procedures for General Permits, at the address in N.J.A.C. 7:27-8.4(b).

N.J. Admin. Code § 7:27-8.8

Administrative change, 46 N.J.R. 853(b).

Administrative change, 47 N.J.R. 722(a).

Administrative change, 47 N.J.R. 895(a).

Administrative Change, 49 N.J.R. 540(a).

Administrative Change, 49 N.J.R. 2532(a).

Administrative Change, 49 N.J.R. 3603(a).

Administrative Change, 50 N.J.R. 481(a).

Administrative Change, 50 N.J.R. 2238(b).

Administrative Change, 50 N.J.R. 2417(b).

Administrative Change, 52 N.J.R. 141(a).

Administrative Change, 52 N.J.R. 793(b).

Administrative Change 54 N.J.R. 906(b), effective 4/12/2022

Administrative Change, 55 N.J.R. 2187(b), effective 9/18/2023

Administrative Change, 55 N.J.R. 2335(a), effective 10/17/2023