N.J.A.C. 7:27 — AIR POLLUTION CONTROL (Subchapter 1 to 34)

Unless otherwise provided by rule or statute, the following shall constitute the rules of the Bureau of Air Pollution Control and shall govern the emitting of and such activities as result in the introducing of contaminants into the ambient atmosphere. Notes N.J. Admin. Code § 7:…

(a) If the Department initially determines that any of the assertedly confidential information may be confidential information, the Department shall: 1. Notify each claimant who is known to have asserted a claim applicable to such information, and who has not previously been furn…

(a) If the Department has determined that any assertedly confidential information may be confidential information, and notified the claimant pursuant to N.J.A.C. 7:27-1.10(a) and (b), the claimant shall substantiate the confidentiality claim by submitting information to the Depar…

(a) The claimant shall submit substantiation within 30 days after the date of the claimant's receipt of the written notice provided under N.J.A.C. 7:27-1.10(a)1. (b) The Department may, in its discretion, extend the time allotted for submission of substantiation pursuant to (a) a…

(a) If, after review of all the information submitted pursuant to N.J.A.C. 7:27-1.10 and 1.11, the Department determines that the assertedly confidential information is not confidential information, the Department shall take the following actions: 1. The Department shall so notif…

The Department shall treat assertedly confidential information as confidential information, until the Department has made a final determination that the assertedly confidential information is not confidential information. Notes N.J. Admin. Code § 7:27-1.14 New Rule, R.1993 d.128,…

If the Department determines that assertedly confidential information is not confidential information pursuant to N.J.A.C. 7:27-1.13(a), the Department may disclose such information to any person on the date which is 14 days after the claimant's receipt of the written notice of t…

After the Department makes a final confidentiality determination that a record contains confidential information, the Department shall prepare a final public copy of the record based upon the final confidentiality determination. The Department may disclose the final public copy t…

(a) The Department may make a class confidentiality determination if the Department finds that the items of information within the class share one or more characteristics, which would cause the Department to determine consistently that such information is or is not confidential i…

Without limiting the ability of the Department to determine that information not listed in this section is not confidential information, emissions information, as defined at N.J.A.C. 7:27-1.4, is not confidential information. Notes N.J. Admin. Code § 7:27-1.18 New Rule, R.1993 d.…

(a) The Department may disclose confidential information to any other State agency or to a Federal agency if: 1. The Department receives a written request for disclosure of the information from a duly authorized officer or employee of the requesting agency; 2. The Department noti…

(a) These rules shall be construed so as to permit the Department, the Bureau of Air Pollution Control and its various agencies to discharge its statutory functions. (b) The Commissioner and the Director of the Division of Environmental Quality may amend, expand or repeal these r…

(a) The Department may disclose confidential information to a contractor, if it complies with the procedure established under (b) below, and if: 1. The Department determines that such disclosure is necessary in order for the contractor to perform the work required by the contract…

(a) If the Department finds that disclosure of confidential information would serve to alleviate an imminent and substantial danger to public health, safety or the environment, the Department may, in its discretion, take one or more of the following actions: 1. Reduce the time al…

(a) Promptly after the Department discloses confidential information pursuant to N.J.A.C. 7:27-1.19, 1.20 or 1.21, the Department shall notify any claimant from whom the Department has obtained confidential information of the disclosure. Such notice shall be in writing, and shall…

(a) The Department may disclose confidential information in accordance with the written consent of the claimant. (b) A claimant's consent to a particular disclosure shall not operate as a waiver of a confidentiality claim with regard to further disclosures, unless the authorized …

Nothing in this chapter shall be construed as prohibiting the incorporation of confidential information into cumulations of data subject to disclosure as public records, provided that after consultation with the claimant, the Department has determined that such disclosure is not …

(a) Notwithstanding any other provision of this subchapter, the Department may disclose confidential information in rulemaking, permitting and enforcement proceedings. (b) The following procedures shall apply to the disclosure of confidential information by the Department in rule…

(a) A claimant may request an adjudicatory hearing to contest disclosure of any information for which a confidentiality claim has been made, at any time before disclosure. The request shall be in accordance with the requirements at N.J.A.C. 7:27A-3.4(a), and shall be delivered to…

Unless specifically required by any Federal or State law, regulation or order, court order, or applicable court rule, the Department shall not disclose confidential information to any person other than as provided in N.J.A.C. 7:27-1.20 through 1.26. Notes N.J. Admin. Code § 7:27-…

(a) Submissions to the Department required under this chapter will be opened only by persons authorized by the Department to be engaged in administering this chapter. (b) Only those Department employees whose activities necessitate access to information for which a confidentialit…

The provisions of this chapter shall supersede the provisions of any agreement imposing any duties of confidentiality or nondisclosure upon the Department or any employee, contractor or agent thereof. Such provisions imposing confidentiality or nondisclosure duties upon the Depar…

The Commissioner, the Director of the Division of Environmental Quality or any agency chief shall exercise his discretion in respect of any other matters not governed by these rules. Notes N.J. Admin. Code § 7:27-1.3

(a) No person shall disclose, obtain or have possession of any confidential information, except as authorized by this chapter. (b) Except in accordance with this chapter, no Department employee, representative, or contractor shall disclose any confidential information which came …

(a) The Department and its representatives shall have the right to enter and inspect at any time, any facility or building, or portion thereof, including all documents and equipment on the premises, in order to ascertain compliance or noncompliance with this chapter or with any p…

(a) Any applicant, registrant, or permittee may request a contested case hearing pursuant to the Administrative Procedure Act, N.J.S.A. 52:14B-1 et seq., and the New Jersey Uniform Administrative Procedure Rules, N.J.A.C. 1:1 regarding a decision made by the Department to:1. Deny…

(a) The Department may grant a stay of the effective date of a decision to revoke any previous approval. The applicant for a stay shall submit documents which substantiate, by a preponderance of the evidence, that one of the following circumstances exist: 1. The granting of the s…

Notes N.J. Admin. Code §§ 7:27-1.34 through 7:27-1.35

Compliance with any subchapter of this chapter shall not relieve any person of the obligation to comply with all other applicable provisions of this chapter. Notes N.J. Admin. Code § 7:27-1.36 New Rule, R.1993 d.129, effective 3/15/1993 (operative April 20, 1993). See: 24 New Jer…

If any portion of this chapter or the application thereof to any person or circumstance is adjudged invalid or unconstitutional by a court of competent jurisdiction, the remainder of this chapter and the application thereof to other persons or circumstances shall not be affected …

This chapter, being necessary to promote the public health and welfare, and to protect the environment, shall be liberally construed to permit the Department to discharge its statutory functions under the Act. Notes N.J. Admin. Code § 7:27-1.38 New Rule, R.1993 d.129, effective 3…

(a) Except pursuant to (c) below, any person who submits an application, report or other document to the Department shall include, as an integral part of the application, report or other document, the following two-part certification: 1. A certification, signed by the individual …

The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise. "Air contaminant" means any substance, other than water or distillates of air, present in the atmosphere as solid particles, liquid particles, va…

No ordinance or regulation of any governing body of a municipality or county or board of health not inconsistent with this Chapter shall be superseded by this Chapter and nothing in this Chapter shall preclude the right of any governing body of a municipality or county or board o…

(a) Any person required to submit information to the Department under this chapter, or allow the Department to obtain such information, which such person believes in good faith to constitute confidential information, may assert a confidentiality claim by following the procedures …

A claimant shall designate a person as the proper addressee of communications from the Department under N.J.A.C. 7:27-1.6 through 1.30. To designate such a person, the claimant shall submit the following information to the Department in writing: the name and address of the claima…

(a) The Department shall direct all correspondence, inquiries and notices to the person designated by the claimant pursuant to N.J.A.C. 7:27-1.7, including without limitation the following:1. Notices requesting substantiation of claims, under N.J.A.C. 7:27-1.10(a)1 ii; 2. Notices…

(a) The Department shall make a confidentiality determination: 1. If the Department receives a request, by a person to whom the Department is restricted from disclosing confidential information pursuant to N.J.A.C. 7:27-1.26 through 1.30, to inspect or copy records containing ass…

The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise. "Anthracite coal" means coal that is classified as anthracite according to the American Society for Testing and Materials Standard Speci…

(a) On and before December 14, 2012, no person shall store, offer for sale, sell, deliver or exchange in trade, for use in New Jersey, solid fuel which contains sulfur in excess of the percentages by weight set forth in Table 1, except as provided otherwise in this Subchapter. (b…

(a) No person shall expand or reconstruct an existing solid fuel-fired steam generating unit or construct a new solid fuel-fired steam generating unit having a rated hourly capacity that exceeds, or would exceed, as a result of expansion, construction, and/or reconstruction, 250,…

(a) The provisions of this subchapter shall not apply to coal used by ocean-going vessels. (b) In any case in which it is demonstrated to the department that a bona fide pilot installation of an approved stack-gas cleaning process is to be made, the use of nonconforming solid fue…

(a) For purposes of N.J.A.C. 7:27-10.2(h), a 24-hour emission rate shall be calculated as follows: 1. Measure the emissions for each one-hour block using a certified Continuous SO[2] Emissions Monitoring System, a certified continuous oxygen emissions monitoring system, and EPA M…

The following words and terms, when used in this subchapter, shall have the following meanings unless the context clearly indicates otherwise. "Auxiliary fuel" means fuel other than waste materials used to attain temperatures sufficiently high to dry and ignite waste materials, t…

(a) No person shall construct, install, use or cause to be used any existing or new incinerator unless such incinerator is of the multiple chamber type or of a type approved by the Department as being equally effective for the purpose of air pollution control. (b) Two years from …

(a) Particles emission standards shall be as follows: 1. No person shall construct, install, use or cause to be used any new common incinerator or alter or relocate and use or cause to be used any existing common incinerator which will emit more than 0.2 grains of particles inclu…

(a) No person shall construct or install any new incinerator, or any new control apparatus, or alter any existing incinerator, or any existing control apparatus without first having obtained a permit which authorizes the construction, installation, or alteration. The permit may b…

(a) Written procedures to be followed for proper operation and maintenance for a new incinerator, or an altered existing incinerator, shall be submitted to the Department for review and approval together with the application for a certificate to operate. (b) Any person in possess…

The provisions of this Subchapter shall not apply to incinerators installed or used in one or two-family dwellings or in multi-occupied dwellings containing six or less family units one of which is owner occupied. Notes N.J. Admin. Code § 7:27-11.6

The following words and terms, when used in this Subchapter, shall have the following meanings, unless the context clearly indicates otherwise. "Air contaminant" means solid particles, liquid particles, vapors or gases which are discharged into the outdoor atmosphere. "Chemical a…