N.J. Admin. Code § 7:27-19.18

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

Section 7:27-19.18 - Continuous emissions monitoring

(a) Any person required to install a continuous emissions monitoring system under this subchapter shall:

1. Obtain a system approved in advance by the Department. The Department shall approve a system if its design and specifications satisfy the requirements established by EPA at 40 CFR Part 60, Appendix B, Performance Specification Tests No. 2, and 40 CFR Part 60, Appendix F, Quality Assurance Requirements;

2. Install the system in compliance with the EPA regulations listed in (a)1 above, and in compliance with the manufacturer's specifications;

3. Conduct performance tests of the system in accordance with the EPA regulations listed in (a)1 above, and obtain confirmation from the Department that the system satisfies the performance requirements of those regulations;

4. Install and operate the system in compliance with the manufacturer's specifications; and

5. Continuously monitor and record NO[x] emissions from the equipment or source operation subject to the monitoring requirement.

(b) A person required under this subchapter to install continuous emissions monitoring systems on equipment or source operations of a given type at a facility may satisfy this requirement without installing a continuous emissions monitor on every unit of such equipment or source operations at the facility, by using an alternative monitoring methodology set forth in an alternative monitoring plan, approved in advance in writing by the Department, which is as reliable for demonstrating compliance for that unit as a continuous emissions monitoring system which satisfies the criteria in (a) above would be.

(c) A person seeking approval of an alternative monitoring plan pursuant to (b) above shall submit a written application to the Department. The applicant shall include in the application all of the information required under 7:27-19.14(c)2, 3, 4 and 6. The applicant shall include in the application for the alternative monitoring plan the following information for each item of equipment or source operation for which a continuous emissions monitor is required under this subchapter and to which the alternative monitoring plan would apply:

1. The make and model of each unit of equipment or source operation;

2. The facility at which the equipment or source operation is used;

3. A description of the conditions under which the equipment or source operation is used;

4. The results of all source emissions testing conducted within the five years preceding the application for each unit of equipment or source operation listed in (c)1 above;

5. A statement that the applicant proposes to install or not install a continuous emissions monitor which satisfies the criteria set forth in (a) above;

6. A demonstration that the monitoring methodology set forth in the alternative monitoring plan is as reliable for demonstrating compliance as a continuous emissions monitor which satisfies the criteria listed in (a)1 above; and

7. Any other information which the Department requests which is reasonably necessary to enable it to determine whether the application satisfies the requirements of (e) below.

(d) Within 30 days after receiving an application, the Department shall notify the applicant in writing whether the application includes all of the information required under (c) above. If the application is incomplete:

1. The Department shall include in the notice a list of the deficiencies, a statement of the additional information required to make the application complete, and the time by which the applicant must submit a complete application;

2. The Department may refrain from reviewing the substance of the application (or any part thereof) until it is complete;

3. The applicant shall submit a complete proposed plan or request within the time stated in the Department's notification; and

4. The Department may reject the application if the applicant fails to submit a complete application within the time stated in the Department's notification.

(e) The Department shall approve an alternative monitoring plan only if:

1. The proposed alternative monitoring methodology is equivalent for purposes of reliably determining compliance to a continuous emissions monitor which satisfies the criteria listed in (a)1 above by the following:

i. For each item of equipment or source operation on which a continuous emissions monitoring system is not to be installed, the owner or operator identifies another item of equipment or source operation at the facility which is:

(A) Of the same make and model;

(B) Is used under substantially the same conditions;

(C) Will have a continuous emissions monitoring system installed on it; and

(D) Has an emissions rate which will not differ significantly from the emission rate from the corresponding equipment or source operation on which the continuous emissions monitoring system is to be installed; or

ii. For each item of equipment or source operation which a continuous emissions monitor is not to be installed, the owner or operator proposes a monitoring protocol for that equipment or source operation that provides quality-assured, representative monitoring data that can be used to determine continuous compliance consistent with EPA's proposed Enhanced Monitoring guidance, 40 CFR 64 (Federal Register Vol. 58, No. 203, p. 54648-54699). The proposed monitoring protocol should take into consideration site specific factors such as:

(A) Control system design;

(B) Operating processes at the facility;

(C) Demonstrated margin of compliance;

(D) The potential variability of emissions; and

(E) Established monitoring procedures utilized at the facility to meet other regulatory requirements; and

2. Under the plan, a continuous emissions monitoring system will be installed on each boiler serving an electric generating unit at the facility if required under 40 CFR 75 or 76.

(f) As a condition of an approval issued under this section, the Department may impose requirements upon the operation of any equipment or source operation subject to a monitoring plan necessary to minimize any adverse impact upon human health, welfare and the environment.

(g) The approval of a plan under this section is void upon the alteration of any item of equipment or source operation included in the plan (whether or not the item of equipment or source operation has a continuous emissions monitoring system installed) unless:

1. The owner or operator applies for and obtains the Department's approval of a revised plan pursuant to this section, reflecting the proposed alteration; and

2. Before altering the equipment or source operation subject to the plan, the owner or operator applies for and obtains such permits and certificates as are required under N.J.A.C. 7:27-8 or 22, 7:1K-1.5, and any other applicable law or regulation.

(h) The owner or operator shall comply with the approved plan, and with all conditions imposed by the Department under (f) above.

(i) The Department may revoke an approval issued under this section, by written notice to the owner or operator of the facility which is the subject of the plan, if:

1. Any material condition of the Department's approval of the plan is violated;

2. The Department determines that its decision to grant the approval was materially affected by a misstatement or omission of fact in the request for the approval or any supporting documentation; or

3. The Department determines that the alternative monitoring methodology is not equivalent to a continuous emissions monitor which satisfies the criteria of (a)1 above.

(j) In revoking an approval pursuant to (i) above, the Department shall specify an effective date for the revocation which provides the owner or operator with a reasonable amount of time to install a continuous emissions monitor on the item of equipment or source operation in question.

(k) A person may request an adjudicatory hearing in accordance with the procedure at 7:27-1.32, if:

1. The Department has denied the person's application for approval of a plan under this section;

2. The person seeks to contest conditions imposed by the Department under (f) above; or

3. The Department has revoked its approval of the person's plan pursuant to (i) and (j) above.

(l) The owner or operator of an item of equipment or source operation required to have a continuous monitoring system shall not operate the equipment or source operation without such a system, except in accordance with a plan approved under this section. If an item of equipment or a source operation required to have a continuous emissions monitoring system is operating without such a system, without first having received approval of a plan authorizing such operation, it shall not be a defense to an enforcement action that an application for approval of a plan is pending.

(m) A person seeking approval of an alternative monitoring plan shall send the application to the Department at the following address: Department of Environmental Protection

Division of Air Quality

Air Quality Permitting Program

Bureau of Technical Services

Emission Measurement Section

Mail Code 380-01A

PO Box 420

Trenton, New Jersey 08625-0420

N.J. Admin. Code § 7:27-19.18

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).
In (g)2, inserted "or 22, N.J.A.C. 7:1K-1.5,"; and in (k), changed N.J.A.C. reference.
Amended by R.2005 d.343, effective 10/17/2005 (operative date of November 7, 2005).
See: 36 N.J.R. 4228(a), 37 N.J.R. 3976(a).
In (e)2, deleted "utility" and added "serving an electric generating unit".
Administrative change.
See: 43 N.J.R. 2328(a).