N.J. Admin. Code § 7:27-18.2

Current through Register Vol. 56, No. 19, October 7, 2024

Section 7:27-18.2 - Facilities subject to this subchapter

(a) This subchapter applies to certain applications, submitted to the Department pursuant to N.J.A.C. 7:27-8 or 22 for authorization to construct, reconstruct, or modify control apparatus or equipment at a facility, if the requirements at (b) or (c) below apply and:

1. The facility has the potential to emit any of the air contaminants listed below in an amount that is equal to or exceeds the following threshold levels:

Air Contaminant	Threshold Level
CO	100 tons per year
PM[10]	100 tons per year
PM[2.5]	100 tons per year
TSP	100 tons per year
SO[2]	100 tons per year
SO[2] (as a PM[2.5] precursor)	100 tons per year
NO[x]	25 tons per year
NO[x] (as a PM[2.5] precursor)	100 tons per year
VOC	25 tons per year
Lead	10 tons per year; or

2. The emission increase of an air contaminant, proposed in the application, by itself equals or exceeds the threshold level for that air contaminant set forth in (a)1 above.

(b) For a facility which meets the criteria at (a)1 or 2 above, an application is subject to this subchapter if any allowable emissions proposed in the application would result in a significant net emission increase of any air contaminant listed in Table 3 of 7:27-18.7, and if the facility for which the construction, reconstruction, or modification is proposed is located at an area which is any of the following:

1. Nonattainment for the respective criteria pollutant corresponding to that air contaminant. The respective criteria pollutant for each air contaminant is listed in the definition of the term "respective criteria pollutant" at 7:27-18.1;

2. Attainment for the respective criteria pollutant, and both (b)1i and ii below are true:

i. The proposed significant net emission increase would result in an increase in the ambient concentration of the respective criteria pollutant in an area that is nonattainment for the respective criteria pollutant, as determined by an air quality impact analysis required under 7:27-8.5; and

ii. The increase in the ambient concentration of the respective criteria pollutant equals or exceeds the significant air quality impact level specified in Table 1 in 7:27-18.4, in the nonattainment area for the respective criteria pollutant; or

3. Attainment for the respective criteria pollutant, and the proposed significant net emission increase would result in an increase in the ambient concentration of the respective criteria pollutant that would:

i. Equal or exceed the significant air quality impact level; and

ii. Result in a violation of an applicable NAAQS or NJAAQS, as determined by an air quality impact analysis required under 7:27-8.5.

(c) For a facility which meets the criteria at (a)1 above, an application is subject to 7:27-18.3(b)1 (LAER) and 2 (compliance certification), if:

1. Emission offsets for an air contaminant have been previously required at the facility for which the permit is sought;

2. The construction, reconstruction, or modification proposed in the application would, within the contemporaneous period, result in a net emission increase, which is not a significant net emission increase, of the same air contaminant for which offsets were required. A net emission increase shall be calculated pursuant to 7:27-18.7; and

3. The nonattainment area in which the facility is located (or, in the case of a facility located in an attainment area, the nonattainment area whose air quality would have been impacted by emissions from the facility had emission offsets not been secured) has not been redesignated as being in attainment for the respective criteria pollutant as of the date the permit application is submitted to the Department.

(d) This subchapter shall not apply to any person applying for a permit, if the allowable emissions proposed in the application would result in no net emission increase, as calculated pursuant to 7:27-18.7(a).

N.J. Admin. Code § 7:27-18.2

Adopted by 49 N.J.R. 3511(a), effective 11/6/2017