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

Notes N.J. Admin. Code § 7:27-19.24 Repealed by 50 N.J.R. 409(a), effective 1/16/2018

(a) If a combustion source temporarily combusts fuel oil or other liquid fuel in place of natural gas in accordance with this section, the owner or operator is not required to have the combustion source comply with the applicable NO[x] emission limits in N.J.A.C. 7:27-19.4, 19.5,…

Failure to comply with any provision of this subchapter shall subject the owner or operator to civil penalties in accordance with N.J.A.C. 7:27A-3 and applicable criminal penalties including, but not limited to, those set forth at N.J.S.A. 26:2C-28.3 and N.J.S.A. 26:2C-19(f)1 and…

Notes N.J. Admin. Code § 7:27-19.27 New Rule, 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). Repealed by R.2009 d.137, effective 4/20/2009 (operative May 19, 2009). See: 40 N.J.R. 4390(a), 41 N.J.R. 1752(a). Section was "Us…

(a) The owner or operator of a sewage sludge incinerator shall cause it to emit NO[x]at a rate no greater than the applicable maximum allowable NO[x]emission rate specified in Table 13 below, unless the owner or operator is complying with N.J.A.C. 7:27-19.3(f). TABLE 13 Maximum A…

(a) This section shall apply to any owner or operator of a HEDD unit, or their successors or assigns, that operated on July 26, 2005, and that meets the following: 1. If a HEDD unit is a combustion turbine and was not controlled by water injection or SCR, or is a boiler and was n…

(a) Each owner and each operator of any equipment or source operation subject to this subchapter is responsible for ensuring compliance with all requirements of this subchapter. If there is more than one owner and operator of the equipment or source operation, each owner and each…

(a) Each owner or operator of an HEDD unit shall submit to the Department at the address below, by May 1, 2010, a 2015 HEDD Emission Limit Achievement Plan, hereafter referred to as the 2015 Plan. Assistant Director, Air Quality Permitting Element Division of Air Quality New Jers…

(a) The owner or operator of any boiler serving an electric generating unit shall cause it to emit NOx at a rate no greater than the applicable maximum allowable NOx emission rate specified in Tables 1, 2 and 3 below, as applicable, unless the owner or operator is complying with …

(a) The owner or operator of a simple cycle combustion turbine shall comply with (a)1 through 3 below, as applicable. 1. Until March 7, 2007, the owner or operator of any stationary simple cycle combustion turbine that has a maximum gross heat input rate of at least 30 million BT…

(a) The Department may authorize an owner or operator to comply with an averaging plan approved by the Department pursuant to this section and N.J.A.C. 7:27-19.14. An owner or operator in compliance with such an approved averaging plan is not required to have each averaging unit …

(a) -(c) (Reserved) (d) The owner or operator of any industrial/commercial/institutional boiler or other indirect heat exchanger with a maximum gross heat input rate of at least 250 million BTUs per hour shall install a continuous emissions monitoring system in accordance with N.…

(a) The owner or operator of a rich-burn stationary reciprocating engine capable of producing an output of 500 brake horsepower or greater, fueled by gaseous fuel, shall cause it to emit no more than 1.5 grams of NO per bhp-hr. Beginning March 7, 2007, a rich-burn stationary reci…

(a) The owner or operator of an asphalt pavement production plant shall cause it to emit NO[x] at a rate no greater than the applicable maximum allowable NO[x] emission concentrations specified in Table 11 below, in accordance with the schedule specified at (f) below. TABLE 11 Ma…

The following words and terms, when used in this subchapter, 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. "Authorized agent"…

(a) The Department may issue a permit for the open burning of orchard prunings and cullings on the premises where grown, except in any municipality which prohibits such burning, when such prunings and cullings are derived from trees being cultivated for commercial purposes to pro…

(a) The Department may issue a permit for the open burning of plant life on the premises where grown, except in any municipality which prohibits such burning, upon a finding of merit in an affidavit, filed by the owner of such premises, which provides certification that:1. No oth…

(a) The Department may issue a special permit to any person, regardless of the provisions of any other section of this subchapter, for the open burning of any substance or material upon a finding of merit in an affidavit filed with the Bureau of Enforcement Services that such sub…

(a) Applications for permits for open burning pursuant to the provisions of this subchapter shall be accompanied by a service fee in accordance with the following schedule and no permit will be issued until the service fee is received. Section of Subchapter Term of Permit Service…

No person shall cause, suffer, allow or permit a salvage operation by open burning. Notes N.J. Admin. Code § 7:27-2.2

(a) No person shall cause, suffer, allow or permit the disposal of rubbish, garbage, trade waste, buildings or structures by open burning. (b) No person shall cause, suffer, allow or permit the disposal of fallen leaves by open burning. (c) No person shall cause, suffer, allow or…

(a) All conditions and provisions of any permit granted in accordance with this subchapter must be fulfilled. (b) Any permit issued under the provisions of this subchapter shall not be transferable either from one location to another or from one person to another. Notes N.J. Admi…

(a) The Department may issue a permit for open burning of infested plant life, except in any municipality which prohibits such open burning, to a person responsible for the control of infested plant life upon certification by an authorized agent that no other effective method of …

(a) The Department may issue a permit authorizing prescribed burning in accordance with a plan approved by and under the control and supervision of the Bureau of Forest Fire Management. (b) The permit may be conditioned upon meteorological factors and any other requirements which…

(a) The Department may issue a permit to a municipality for the open burning of plant life upon a finding of merit in an affidavit filed with the Bureau of Enforcement Services by the municipal clerk that excessive quantities of plant wastes have been produced by an emergency suc…

(a) The Department may issue a permit for the open burning of dangerous material, except in any municipality which prohibits such open burning, where no other known method of disposal can be used without hazard to health or property, upon a finding of merit in an affidavit filed …

(a) The Department may issue a permit for the open burning, on the premises where grown, of herbaceous plant life and plant life growing in hedgerows, except in any municipality which prohibits such burning, when the premises are actively in use for raising food crops or salt hay…

(a) The following words and terms, when used in this subchapter, have the meanings given below unless the context clearly indicates otherwise. "Air quality impact analysis" means a procedure, entailing the use of an air quality simulation model, for determining whether air contam…

(a) No person shall combust used oil except as authorized pursuant to this subchapter. (b) No person shall burn fuel oil, allow the burning of fuel oil, or sell fuel oil for burning, in a space heater, boiler, or other combustion unit located in a multi-family residence (such as …

(a) A person may burn used oil in a space heater pursuant to a registration provided that: 1. The total combined gross heat input of all space heaters at any one facility does not exceed 500,000 BTUs per hour. If any additional used oil space heater(s) at the facility result in t…

(a) Used oil may be burned in a space heater other than as outlined in N.J.A.C. 7:27-20.3 if a permit to combust used oil is issued by the Department pursuant to N.J.A.C. 7:27-8 or 7:27-22. Such space heaters include, but are not limited to, those at a facility in which the cumul…

(a) A permittee subject to N.J.A.C. 7:27-20.6(a) shall confirm that the used oil to be combusted is on-specification used oil, as defined in N.J.A.C. 7:27-20.1. This confirmation shall be done by either performing an analysis or obtaining copies of the analysis from the supplier,…

(a) Except as prohibited by N.J.A.C. 7:27-20.2(b) or (c), a permittee may burn on-specification used oil or processed used oil fuel in a combustion unit without having to modify the permit, provided that: 1. The rated gross heat input is greater than 20 million BTU per hour; 2. T…

(a) A person wishing to burn off-specification used oil shall apply to the Department for a permit pursuant to N.J.A.C. 7:27-8 or 7:27-22, as applicable, provided that: 1. The combustion device for which the permit is sought has air pollution control devices which control the emi…

(a) Except as provided in (b) below, the ash content of on-specification used oil to be combusted or processed used oil fuel to be combusted shall not exceed 0.15 percent by weight. Any blends of on-specification used oil or processed used oil fuel with commercial fuel oil shall …

The provisions of this subchapter shall not apply to any used oil charged to a fluid catalytic cracking unit at a petroleum refinery. Notes N.J. Admin. Code § 7:27-20.9

The following words and terms, when used in this subchapter, have the following meanings, unless the context clearly indicates otherwise. "Activity rate/throughput" means a measurable factor or parameter that relates directly or indirectly to the emissions of a source operation o…

(a) If the construction and/or operation of a facility is modified such that the facility's potential to emit each of the air contaminants listed in Table 1 at N.J.A.C. 7:27-21.2 is less than the applicable reporting threshold given in Table 1, the owner or operator may request a…

If any section, subsection, provision, clause or portion of this subchapter or the application thereof to any person or circumstance is adjudged invalid or unconstitutional by a court of competent jurisdiction, the remainder of this subchapter and the application thereof to other…

(a) This subchapter applies to a facility if the facility emits or has the potential to emit, directly or indirectly to the outdoor atmosphere, any air contaminant listed at Table 1 below at a rate greater than or equal to the applicable reporting threshold given at Table 1. The …

(a) The owner or operator of a facility to which this subchapter applies, pursuant to N.J.A.C. 7:27-21.2 and (c) below, shall submit to the Department an Emission Statement for each reporting year in accordance with this subchapter. The Emission Statement shall report the actual …

(a) Unless the owner or operator obtains approval pursuant to (e) below to submit an Emission Statement on paper, each Emission Statement shall be prepared using the Remote Access Data Information User System (RADIUS) software (or its successor software) available from the Depart…

(a) Any owner or operator who submits an Emission Statement to the Department shall include the following, as an integral part of the Emission Statement: 1. Identification of the reporting year for which the statement is being submitted; 2. A certification, in accordance with the…

(a) The method used for quantifying actual emissions for use in preparing emission information required at N.J.A.C. 7:27-21.5(e) shall be determined as follows:1. If a permit or certificate issued by the Department pursuant to N.J.A.C. 7:27-8 or 22 specifies a method for quantify…

(a) For each Emission Statement submitted to the Department, the owner or operator of the facility subject to this subchapter shall maintain the following records at the facility for a period of five years from the date each submittal is due: 1. A copy of the Emission Statement s…

(a) Any owner or operator who submits an Emission Statement to the Department shall include, as an integral part of the Emission Statement, the following two-part certification: 1. A certification signed by the individual or individuals (including any consultants) with direct kno…

(a) If meeting the due date set forth at N.J.A.C. 7:27-21.4 for submittal of an Emission Statement would cause extreme hardship, an owner or operator may request an extension. (b) A request for an extension shall include the following information: 1. The name of the facility; the…

The following words and terms, when used in this subchapter, have the following meanings unless the context clearly indicates otherwise. "Accountable" means, in respect to compliance with an emissions limit, verifiable through the keeping, maintenance, and accessibility of clear,…

(a) Within 30 days of receipt of an application for an initial operating permit, a renewal, a minor modification, or significant modification, the Department will: 1. Determine that the application is administratively complete, and so notify the applicant; or 2. Notify the applic…

(a) This section sets forth the procedures by which the Department will obtain comment from the public and affected states on each of the following: 1. A draft operating permit developed by the Department following the receipt of an administratively complete application for an in…