N.J. Admin. Code § 7:27-18.8
Current through Register Vol. 56, No. 19, October 7, 2024
Section 7:27-18.8 - Banking of emission reductions(a) Any person may apply to the Department for the banking of emission reductions to be applied in the future as emission offsets. The applicant shall make the application in writing, submitted on a form obtained from the Department, containing the following information: name and address of person making the application; chemical name of air contaminant; quality of emission reductions with supporting calculations and documentation; reason for the emission reduction; specification of the equipment or source operations related to the emission reductions; and any additional information reasonably necessary to enable the Department to determine that a creditable emission reduction has been achieved. Such a form may be requested from: Department of Environmental Protection Division of Air Quality
Air Quality Permitting Program
Bureau of Air Permits
Mail Code 401-02
PO Box 420
Trenton, New Jersey 08625-0420
(b) Any application for the banking of emission reductions shall be certified in accordance with 7:27-1.39.(c) An application to bank emission reductions shall be made no later than 12 months after the emission reduction occurs. No emission reductions due to the shutdown of any equipment or source operation shall be eligible for banking, unless the applicant notifies the Department at least 60 days prior to removal of the equipment and provides the Department with the opportunity to inspect the equipment or source operation at least 30 days before it is dismantled.(d) Any emission reductions submitted to the Department for banking shall, upon their approval by the Department for banking, be an enforceable operating restriction for the facility.(e) If a State or Federal statute, rule, or regulation decreases an allowable emission limit for an air contaminant, the value of any banked emission reductions of that air contaminant shall be reduced, before discounting pursuant to (f) or (g) below, to equal the allowable emission limits in effect at the time the banked emission reductions are used to offset emission increases. The following example illustrates this reduction:1. Assume that a CO reduction of 10 tons per year is approved for banking, and that seven years after that approval, the CO limit applicable to the equipment is reduced to four tons per year;2. If the banked emission reduction is used five years after it was approved for banking, under (f) below its value is discounted by 50 percent, to five tons per year; and3. If the banked emission reduction is used eight years after it was approved for banking (which is after the date of the change in the applicable CO limit), its value is reduced to two tons per year, as follows: first, from 10 tons per year to four tons per year, to reflect the reduction in the applicable CO limit; and second, from four tons per year to two tons per year, to reflect the 50 percent discount under (f) below.(f) The value of banked emission reductions obtained from the shutdown or curtailment of operation of any equipment or source operation which remain unused as emission offsets for more than five years after the date the emission reduction is submitted for banking shall be discounted by 50 percent. As of the date five years after the date of submittal for banking, the discounted portion of the banked emission reductions may no longer be used as an emission offset by the applicant or by any person to whom the banked emission reductions may have transferred by the applicant, but shall revert to the State.(g) Any banked emission reductions obtained from the shutdown or curtailment of operation of any equipment or source operation which remain unused as emission offsets for 10 years after the date they have been submitted for banking, shall revert to the State. As of the date 10 years after the date of submittal for banking, these emission reductions may no longer be used as emission offsets by the applicant or by any person to whom the banked emission reductions may have transferred by the applicant.(h) Any discount of or reduction in the value of banked emission reductions pursuant to (e), (f) or (g) above shall take effect without further action by the Department.(i) For the purposes of the discounting provisions set forth in (f) and (g) above, the Department shall treat any emission reductions which have been submitted for banking prior to April 20, 1993, as if they were submitted for banking on April 20, 1993.(j) Any person applying for banking of emission reductions pursuant to this section is subject to the following service fees for banking: | Banking fees |
| Activity | Basis | Amount |
| a. | Base Application Review | Per Source Operation | $ 200.00 |
| b. | Verification | Per Source Operation | $ 200.00 |
| c. | Transfer of Facility Ownership | Per Source Operation | $ 50.00 |
| d. | Withdrawal of Credits | Per Source Operation | $ 200.00 |
| e. | Donation of Credits to the | Per Source Operation | 00.00 |
| State of New Jersey |
N.J. Admin. Code § 7:27-18.8
Amended by R.1985 d.25, effective 2/4/1985.
See: 16 N.J.R. 1679(a), 17 N.J.R. 277(a).
Substantially amended subsection (a) and deleted subsection (b).
Recodified from 18.7 and amended by R.1993 d.129, effective 3/15/1993 (operative April 20, 1993).
See: 24 N.J.R. 3459(a), 25 N.J.R. 1231(b).
Changes made pursuant to 1990 Clean Air Act amendments.
Amended by R.1996 d.511, effective 11/4/1996 (operative November 23, 1996).
See: 28 N.J.R. 748(a), 28 N.J.R. 4784(b).
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 (j).
Administrative change.
See: 43 N.J.R. 2328(a).