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

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. "Control app…

(a) No person shall cause, suffer, allow or permit particles as measured by the performance test principles set forth in section 3 of this subchapter to be emitted from any source operation, except as provided in subsection (b) of this section, through any stack or chimney into t…

(a) For purposes of measuring emissions in accordance with the provisions of section 2(a) and (b) of this subchapter, particles shall be drawn by isokinetic procedures from the stack or chimney and the weight of the particles determined gravimetrically after removal of uncombined…

(a) Any person responsible for the emission of particles from a source operation shall, when requested by the department, provide the facilities and necessary equipment for determining the opacity of emissions being discharged through a stack or chimney and shall conduct such opa…

(a) Whenever a person responsible for the emission of particles from a source operation believes that advances in the art of control for the kind and amount of particles emitted has not developed to a degree which would enable the requirements of section 2 of this subchapter to b…

§ 7:27-6.6 - Reserved Notes N.J. Admin. Code § 7:27-6.6

(a) The provisions of this subchapter shall not apply: 1. To indirect heat exchangers; 2. To incinerators. Notes N.J. Admin. Code § 7:27-6.7

The following words and terms, when used in this subchapter, shall have the following meanings unless the context clearly indicates otherwise. "Adjusted stack height" means the stack height modified by either a stack height adjustment factor or a stack height adjustment in feet. …

(a) No person shall cause, suffer, allow or permit sulfur compounds in the form of gases, vapors or liquid particles to be discharged from any stack or chimney into the outdoor atmosphere except as provided in this Section. (b) Whenever the discharge from a stack or chimney inclu…

No person shall cause, suffer, allow, or permit hydrogen sulfide to be emitted from a sanitary landfill, legacy landfill, or closed sanitary landfill facility, as defined in the Solid Waste rules at N.J.A.C. 7:26-1.4 and 2A.9(b), in a concentration greater than 30 parts per billi…

The following words and terms, when used in this subchapter, have the following meanings, unless the context clearly indicates otherwise. "Actual emissions" means the rate at which an air contaminant is actually emitted, either directly or indirectly, to the outdoor atmosphere, i…

(a) The Department shall seek comments from the general public prior to making any final decision on those applications for which such comment is required by State or Federal statutes. Such applications include, but are not limited to, those applications which: 1. Are subject to …

(a) To obtain approval of a permit and certificate, a permit revision, or a compliance plan change, an applicant shall document that: 1. Each significant source included on the application meets all of the following standards which apply: i. RACT requirements under N.J.A.C. 7:27-…

(a) If an application proposes construction, installation, reconstruction, or modification of equipment and control apparatus that is a significant source meeting the following criteria, the applicant shall document state-of-the-art (SOTA) for the source: 1. The equipment and con…

(a) The Department may establish conditions of approval of any preconstruction permit or certificate application. (b) The Department may change the conditions of approval of a certificate: 1. At the time of renewal of a temporary operating certificate; 2. At the time of approval …

(a) The Department shall deny an application if anything proposed in the application would result in: 1. A violation of a provision of N.J.A.C. 7:27; 2. An exceedance of a State or Federal ambient air quality standard; 3. An exceedance of an applicable PSD increment as defined in…

(a) Upon the request of the Department, any person holding a preconstruction permit or certificate shall submit to the Department any record relevant to any permit or certificate. Such record shall be submitted to the Department within 30 days of the request by the Department or …

(a) The Department may revoke a permit or certificate if the permittee: 1. Uses, or allows to be used, equipment or control apparatus not in compliance with the permit or certificate, or with any applicable Federal, or State law, regulation, or rule; 2. Takes any action which req…

(a) There are several ways to change a permit and certificate once it is issued. They are described in N.J.A.C. 7:27-8.18 through 8.23. Some require prior approval from the Department, while others merely require notice to the Department, before or after the change. (b) If an act…

(a) The following actions require prior approval from the Department through a permit revision: 1. A request for an increase in a maximum allowable emission limit, including correction of a typographical error or inaccurate calculation, if the correction would result in a higher …

(a) The following actions require prior Department approval of a compliance plan change: 1. A decrease in the frequency of testing, monitoring, recordkeeping or reporting, to below the frequency specified in the permit and certificate; 2. A change in monitoring method; 3. A chang…

(a) This subchapter applies to certain sources of air contaminant emissions. Some of the sources are pieces of equipment; others are source operations or processes. A source that is required to have a permit and certificate under this subchapter is called a "significant source." …

(a) A seven-day-notice change allows a permittee to proceed with a change seven days after the notice of the seven-day-notice change is submitted to the Department. A person acting under the authority of a seven-day-notice change does so at risk. Should the Department determine t…

(a) An amendment allows a permittee or a registrant to proceed with a change to a permitted source, or to its permit or certificate, or to a registration, provided that the permittee or registrant submits a notice of the change within 120 days after the start of the change. This …

(a) To make a change to a permit issued using the NJDEP Batch Production Plant Permit Procedure, refer to the procedures in technical manual number 1301, which covers certain batch plant permits. Technical manual 1301 is available at the address listed in N.J.A.C. 7:27-8.4(b). (b…

(a) A reconstruction is a replacement of part(s) of a significant source included in a process unit, or the replacement of part(s) of a control apparatus, if the fixed capital cost of replacing the part(s) exceeds both of the following amounts: 1. Fifty percent of the fixed capit…

(a) As provided in N.J.S.A. 26:2C-9.2j, an applicant may construct, reconstruct, install, and/or put in place a source, including a control apparatus, while the Department reviews an application if: 1. The applicant has submitted a complete application to the Department, proposin…

(a) As provided at N.J.S.A. 26:2C-9.3 and 9.4, a private entity, as defined at N.J.A.C. 7:27-8.1, may proceed with the following activities while an application covering those activities is being reviewed by the Department:1. Construction, installation, reconstruction or operatio…

Any person who is subject to this chapter and who fails to conform to its requirements may be subject to civil penalties in accordance with N.J.A.C. 7:27A-3 or criminal penalties pursuant to N.J.S.A. 26:2C-19(f) or both. Notes N.J. Admin. Code § 7:27-8.26 New Rule, R.1991 d.109, …

Notes N.J. Admin. Code § 7:27-8.27 New Rule, R.1993 d.428, effective 9/7/1993 (operative October 4, 1993). See: 24 New Jersey Register 4323(a), 25 New Jersey Register 4075(b). New Rule, R.1994 d.502, effective 10/3/1994 (operative October 31, 1994). See: 25 New Jersey Register 39…

(a) A permittee may seek the approval of the Department for a delay in testing required pursuant to N.J.A.C. 7:27-8.4(f), 8.7(f), or 8.13(d). In such case the following applies: 1. The permittee shall submit a request for such approval on paper to the address given at N.J.A.C. 7:…

(a) No person may construct, reconstruct, install, or modify a significant source or control apparatus serving the significant source without first obtaining a preconstruction permit under this subchapter. (b) No person shall operate (nor cause to be operated) a significant sourc…

(a) This subchapter applies to:1. Application for a preconstruction permit and operating certificate; 2. Application for a preconstruction permit and operating certificate for an environmental improvement pilot test; 3. Application for a preconstruction permit and operating certi…

(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 contam…

(a) A registrant shall submit the applicable registration fee listed in the Base Fee Tables below with the completed registration, using NJDEP Online (the Department's online permit application portal). (b) After a person submits a completed application form or notice, the Depart…

(a) In order to operate a source covered by a preconstruction permit, the source shall also be covered by an operating certificate, which authorizes operation of the source. The preconstruction permit application form also serves as the application form for the operating certific…

(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, provid…

(a) A person may seek approval for a preconstruction permit and certificate for an environmental improvement pilot test, as defined at N.J.A.C. 7:27-8.1, of air pollution control equipment or other environmental clean-up equipment under this section. (b) An applicant for an envir…

The following words and terms, when used in this subchapter, shall have the following meanings unless the context clearly indicates otherwise. "Aerodynamic downwash" means the rapid descent of a plume to ground level with little dilution and dispersion as a result of alteration o…

(a) No person shall store, offer for sale, sell, deliver or exchange in trade, for use in New Jersey, fuel that contains sulfur in excess of the applicable parts per million by weight set forth in Tables 1A and 1B of this section, except as provided in (c), (d) and (e) below. Fue…

(a) The provisions of this subchapter shall not apply to fuel used by ocean-going vessels or in motor vehicles. (b) The Department will set such standards for the sulfur contents of fuel as may be necessary to prevent violation of air quality standards where it is determined that…

(a) The Department may waive the air quality simulation modelling requirements of N.J.A.C. 7:27-9.2(d) if the applicant demonstrates that: 1. The effective heights, as determined in accordance with the provisions of (b) below, of the stacks to be included in the mathematical comb…

Notes N.J. Admin. Code § 7:27-9.5 R.1982 d.456, effective 12/6/1982 (operative February 4, 1983). See: 13 N.J.R. 870(a), 14 N.J.R. 1452(a). Amended by 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). Rewrote (a)5. Repealed by …