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

(a) After the close of the public comment period and consideration of the comments on a draft operating permit or draft general operating permit, the Department will prepare a proposed operating permit or proposed general operating permit for EPA review. The Department will provi…

(a) The Department will take final action on an application: 1. For an initial operating permit, within 18 months after the Department's receipt of an administratively complete application for an initial operating permit; 2. For an application for an operating permit renewal, wit…

(a) The Department may promulgate a rule to issue one or more general operating permits, pursuant to the Administrative Procedure Act, N.J.S.A. 52:14B-2 et seq. The Department may also publish a technical manual for each general permit, pursuant to N.J.S.A. 13:1D-111. The technic…

(a) The Department may issue an operating permit to an owner or operator of a temporary facility which authorizes operation in more than one location during the term of the operating permit, provided that all locations at which the facility may be operated are listed in the opera…

(a) The Department will include in each operating permit, drafted for, or issued to, a facility, emission limitations and standards, including any operational requirement necessary to assure compliance with all applicable requirements which apply to a source operation or a group …

(a) The Department will include a permit shield in each operating permit as set forth at N.J.A.C. 7:27-22.16(p). A permit shield provides that compliance with the relevant conditions of the operating permit shall be deemed compliance with the specific applicable requirements that…

(a) This section sets forth the procedures by which the Department will implement the source emissions testing and monitoring requirements contained in an approved operating permit. Any deadline in this section may be extended through written approval by the Department, unless pr…

(a) Each permittee shall maintain records of all source emissions testing or monitoring performed at the facility and required by the operating permit in accordance with this section. Records shall be maintained, for at least five years from the date of each sample, measurement, …

(a) This subchapter applies to any facility that is one of the following: 1. A facility which emits or has the potential to emit a Hazardous Air Pollutant (HAP) in an amount which equals or exceeds the amounts listed in (a)1i through iv below. For the purposes of this paragraph, …

(a) A permittee may make any of the changes to an operating permit listed at (b) below through the procedures for an administrative amendment set forth in this section. If the requirements of this section are met, the permittee may, at its own risk, make the change at the facilit…

(a) A permittee may, pursuant to this section, make certain changes to an insignificant source operation, or to the use thereof, without notifying the Department or EPA until the renewal of the operating permit. In the application for the renewal of the operating permit, the perm…

(a) A permittee may make any of the changes listed at (c) or (d) below through the procedures for a seven-day-notice change set forth in this section. The Department shall attach the notice of the seven-day-notice change to the operating permit, but shall not revise the operating…

(a) A permittee may make any change listed at (c) below through the minor modification procedures set forth in this section. Minor modifications are set forth in (c) below, and include changes that may increase actual emissions by insignificant amounts, and other changes that do …

(a) Notwithstanding any other provision of this subchapter, a permittee is required to make any of the changes listed at (b) below through the significant modification procedures set forth in this section. The Department will, upon its approval of an application for a significant…

(a) Reconstruction of a process unit or control apparatus shall be made as an administrative amendment to the operating permit pursuant to N.J.A.C. 7:27-22.20 if: 1. The date of installation of the reconstructed process unit or control apparatus is less than five years after the …

(a) An operating permit may be revoked, or reopened and modified, for cause by the Department pursuant to this section. Any Department initiated permit revocation or reopening and modification shall affect only those parts of the operating permit for which cause to reopen exists.…

(a) This section shall take effect upon EPA's interim approval of the Department's operating permit program except for (f)1, 2 and 3 below, which shall take effect upon EPA's interim approval of the Department's operating permit program or EPA promulgation of rules implementing 4…

(a) The Department will include operating scenarios in an operating permit, if the operating scenarios meet all applicable requirements, including, but not limited to, all applicable emission standards. 1. Operating scenarios may, as appropriate, be incorporated into a permit thr…

(a) The owner or operator of a facility subject to N.J.A.C. 7:27C shall apply to incorporate the requirements of the CO[2] Budget Trading Program at N.J.A.C. 7:27C, as applicable, into the operating permit pursuant to N.J.A.C. 7:27-22.3(u), 22.5, and 22.9, by the following deadli…

(a) Pursuant to this section a permittee may implement an emissions trading program at a facility subject to this subchapter. (b) A permittee may implement any of the following emissions trading programs, if the Department has approved the program and incorporated it into the ope…

(a) A permittee may obtain approval for and implement a facility-specific emissions averaging program at a facility subject to this subchapter pursuant to this section, provided that no averaging program set forth in a promulgated rule would apply. Such a program shall be on a ca…

(a) The Department hereby adopts and incorporates by reference the provisions of 40 CFR 72 and 76, and any subsequent amendments thereto, for purposes of implementing an acid rain program that meets the requirements of Title IV of the CAA. The term "permitting authority" shall me…

(a) The owner or operator of a facility subject to this subchapter shall obtain and maintain an operating permit for the facility pursuant to this subchapter. (b) The owner or operator of a facility subject to this subchapter shall ensure that no person shall use or operate any s…

(a) A permittee shall renew the operating permit through the procedures set forth in this section. At the time of submittal of an application for renewal, an applicant who proposes to make change(s) at the facility may include the proposed change(s) with the renewal application, …

(a) The owner or operator of a facility subject to this subchapter shall submit fees to the Department in accordance with this section. The type of fee due, and the amount due, will vary depending on the fiscal year, the amount of regulated air contaminant emissions at the facili…

(a) An adjudicatory hearing regarding a determination made by the Department pursuant to this subchapter may be requested and granted in accordance with N.J.A.C. 7:27-1.32. (b) If a person does not have a right to request an adjudicatory hearing pursuant to N.J.A.C. 7:27-1.32, th…

(a) This section sets forth the procedures by which the Department will implement the preconstruction review requirements of N.J.S.A. 26:2C-1 et seq., as they apply to facilities subject to this subchapter. (b) The owner or operator of a facility subject to this subchapter that i…

(a) This section shall take effect upon EPA's interim approval of the Department's operating permit program. (b) The Department may allow a six year extension of time for complying with a MACT or GACT standard promulgated by EPA for one or more source operations at a facility, if…

(a) Newly constructed, reconstructed, or modified equipment and control apparatus that constitutes a significant source operation shall incorporate advances in the art of air pollution control as developed for the kind and amount of air contaminant emitted by the applicant's equi…

(a) A fumigation operation that would be classified as a significant source solely because it meets the criteria at paragraph 21 of the definition of "significant source operation" at N.J.A.C. 7:27-22.1 is not a significant source (and, therefore, does not need a permit and certi…

(a) The procedures in this section apply to all applications and notices submitted to the Department pursuant to this subchapter. Specific procedures for initial operating permits, general operating permits, administrative amendments, seven-day notice changes, minor modifications…

(a) The application procedures in this section apply to all applications submitted to the Department for initial operating permits. (b) The owner or operator of a facility subject to this subchapter shall submit a timely and administratively complete application for an initial op…

(a) To be administratively complete, an application for an initial operating permit shall include all information required by this section. The required information shall be provided on and with forms obtained from the Department, which will direct the applicant to set the inform…

(a) An application shield provides that the owner or operator of a facility subject to this subchapter will not be subject to penalties for operating the facility without an operating permit during the time the application shield is in effect. (b) An application shield is in effe…

(a) An applicant for an initial operating permit for a new major facility, or for a minor modification or significant modification to an existing operating permit, shall conduct air quality dispersion modeling in accordance with (c) below if: 1. The application is subject to PSD …

(a) Pursuant to N.J.A.C. 7:27-22.6(f)8, an applicant for an initial operating permit shall submit a proposed compliance plan, drafted in accordance with this section and certified in accordance with N.J.A.C. 7:27-1.39, as part of an application for the initial operating permit. (…

(a) This subchapter prescribes the rules of the Department for limiting the VOC content of, and using, architectural coatings. (b) As set forth at N.J.A.C. 7:27-17.4(c), this subchapter's requirements for the implementation of control measures, including, but not limited to, requ…

The following words and terms, when used in this subchapter, have the following meanings, unless the context clearly indicates otherwise. "All other architectural coatings" means any architectural coating which does not meet any of the other architectural coating definitions cont…

(a) Except as provided in N.J.A.C. 7:27-23.1(b) through (e) and (h) below, no person shall manufacture, blend, repackage, supply or distribute for sale within the State of New Jersey; sell or offer for sale within the State of New Jersey; or apply for compensation within the Stat…

(a) For the purpose of determining compliance with the VOC content limits contained in N.J.A.C. 7:27-23.3(i) Table 1, the VOC content of a coating shall be determined by using the following procedures. The VOC content of a tint base shall be determined prior to the addition of an…

(a) The manufacturer of an architectural coating subject to this subchapter shall display on the coating container's label, bottom or lid, the date the coating was manufactured, or a date code representing the date of manufacture. If the manufacturer uses a date code for any coat…

(a) Each manufacturer and distributor of an architectural coating subject to N.J.A.C. 7:27-23.3 shall include on the invoice, bill of lading, or other shipping document provided to the distributor or retailer receiving the product in New Jersey a statement indicating that the arc…

(a) The Department and its representatives shall have the right to enter and inspect any site, building or equipment, or any portion thereof, at any time, in order to ascertain compliance or non-compliance with the Air Pollution Control Act, N.J.S.A. 26:2C, this chapter, any perm…

(a) Any person subject to this subchapter shall be responsible for ensuring compliance with all requirements of this subchapter. Failure to comply with any provision of this subchapter may subject the person to civil penalties in accordance with N.J.A.C. 7:27A-3 and applicable cr…

The following words and terms, when used in this subchapter, have the following meanings, unless the context clearly indicates otherwise. "Adhesive" means a product that is used to bond one surface to another by attachment. This term does not include products used on humans and a…

(a) If the manufacturer of a spout, a portable fuel container, or a portable fuel container and spout uses a date-code on a product or its packaging, the manufacturer shall electronically register or re-register the product with the Department by following the procedure at N.J.A.…

§ 7:27-24.11 - Reserved Notes N.J. Admin. Code § 7:27-24.11

(a) Any person subject to this subchapter shall be responsible for ensuring compliance with all requirements of this subchapter. Failure to comply with any provision of this subchapter may subject the person to civil penalties in accordance with N.J.A.C. 7:27A-3 and to applicable…

(a) This subchapter applies to any person who sells, offers for sale, holds for sale, distributes, supplies, or manufactures for sale in New Jersey any consumer product in (b) or (c) below and that is for use in New Jersey by a consumer or by a person who uses the product in prov…

(a) Compliance with this subchapter does not exempt a manufacturer, distributor, or retailer of a product regulated under this subchapter from the obligation to also comply with any and all other applicable Federal and State laws and rules, including State fire codes, safety code…