N.J. Admin. Code § 7:27-19.21

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

Section 7:27-19.21 - Phased compliance-repowering

(a) The owner or operator of a combustion source included in a repowering plan is authorized to comply with the plan if the Department approves the plan pursuant to this section and 7:27-19.14. The owner or operator's compliance with the plan is in lieu of causing the combustion source to comply with emission limit under 7:27-19.4, 19.5, 19.7, 19.8, 19.9 or 19.10 that would otherwise apply to the combustion source.

(b) By June 22, 1995 (or by February 7, 2006 for any facility, equipment or source operation that is subject to a NO[x] emission limit under this subchapter as set forth at 7:27-19.5(d), 19.7(h), or 19.8(e)) an owner or operator seeking approval of a repowering plan shall submit to the Department an application for approval of the repowering plan pursuant to 7:27-19.14, including a repowering plan pursuant to (c) below. If an owner or operator fails to submit the application by the applicable date, the Department may reject the application. The Department may elect to process a late application, based on how late the application is, the nature and extent of the owner or operator's efforts to submit the application on time, whether the owner or operator advised the Department before the application due date that a late application would be submitted, and the extent of the emission reductions promised in the late application. If the Department elects to process a late application, the pendency of the application shall not be a defense to a violation of a NO[x] emission limit to which the source is subject in the absence of an approved plan.

(c) The owner or operator shall include the following information in the repowering plan with respect to each combustion source included in the plan:

1. Information sufficient to identify the combustion source, including a brief description (for example, "dry-bottom coal-fired boiler serving an electric generating unit"), its location, its permit number, the company stack designation, and any other identifying numbers, and any other information necessary to distinguish it from other equipment owned or operated by the owner or operator;

2. A proposed schedule setting dates by which the owner or operator will complete the following milestones for the combustion source:

i. Submitting applications for all necessary permits and certificates if installing a new combustion source;

ii. Obtaining all necessary permits and certificates if installing a new combustion source;

iii. Awarding contracts to repower the source including contracts for the purchase of heat or power from a new combustion source or placing orders for the purchase of component parts and/or equipment necessary to repower the source;

iv. Initiating construction and/or installation of the replacement unit if installing a new combustion source; and

v. Completing the repowering.

3. Specific procedures and schedules for implementing interim measures for control of NO[x]emissions for the combustion source during the interim period;

4. A list of all NO[x] control technologies available for use with the combustion source;

5. An analysis of the technological feasibility of installing and operating each NO[x]emission control technology identified in 4 above for the interim period;

6. For each control technology that is technologically feasible to install and operate, an estimate of the cost of installation and operation;

7. An estimate of the reduction in NO[x] emissions attainable through the use of each control technology which is technologically feasible to install and operate. If a control technology installed before the combustion source is repowered cannot be used after repowering, the owner or operator may limit the estimate of emission reductions to those that will be attained during the interim period;

8. An analysis of the cost-effectiveness of each control technology, based on the costs of installation and operation under (c)6 above and the estimated emission reductions under (c)7 above;

9. The NO[x] control measures that the owner or operator proposes to employ during the interim period;

10. The proposed interim NO[x] emission limit with which the source will comply during the interim period;

11. The method to be used to measure the actual NO[x] emission rate of the combustion source;

12. The name and business telephone number of the person responsible for recordkeeping and reporting under 7:27-19.19 and under (e)8 below;

13. The location of the proposed replacement unit; and

14. Any other information that the Department requests, which is reasonably necessary to enable it to determine whether the operation of combustion sources included in the repowering plan will comply with the requirements of this section.

(d) The Department shall approve a repowering plan only if the following requirements are satisfied:

1. The application satisfies all the requirements of 7:27-19.14 and (c) above, including without limitation the requirement that the proposed repowering plan consider all control technologies available for the control of NO[x] emissions from each type of combustion source included in the plan during the interim period;

2. For each combustion source included in the plan, the replacement unit will incorporate advances in the art of air pollution control for the kind and amount of air contaminant emitted;

3. The repowering will improve the efficiency with which each combustion source included in the plan combusts fuel and/or generates power;

4. The completion date listed in (c)2v above is no later than May 1, 1999, except that any facility, equipment or source operation that is subject to a NO[x] emissions limit under this subchapter as set forth at 7:27-19.5(d), 19.7(h), or 19.8(e) shall specify a completion date that is no later than November 7, 2009;

5. For any control technologies described in (c)4 above that the owner or operator does not propose to use on the combustion source, the proposed plan demonstrates that the control technology:

i. Would be ineffective in controlling NO[x] emissions from the combustion source;

ii. Is unsuitable for use with the combustion source, or duplicative of control technology which the plan proposes to use;

iii. Would carry costs disproportionate to the improvement in the reduction of the NO[x] emissions rate that the control technology is likely to achieve, or disproportionately large in comparison to the total reduction in NO[x] emissions that the control technology is likely to achieve over its useful life; or

iv. Would carry costs disproportionate to the costs incurred for the control of NO[x]emissions from the same type of combustion sources used by other persons in the owner or operator's industry who are also subject to the NO[x] RACT requirements of P.L. 101-549, § 182 (f).

6. For each combustion source included in the plan, the interim emission limit proposed under (c)10 above is the lowest rate that can practicably be achieved at a cost within the limits described in (d)5iii and iv above;

7. For each combustion source included in the plan, the cost of achieving an additional emission reduction beyond the interim emission limit proposed under (c)10 above would be disproportionate to the size and environmental impact of that additional emission reduction; and

8. The owner or operator has entered into an agreement with the Department in accordance with the requirements of (h) below.

(e) An owner or operator who has obtained the Department's approval of a repowering plan shall:

1. Beginning on May 31, 1995 (or on March 7, 2007 for any facility, equipment or source operation that is subject to a NO[x] emissions limit under this subchapter as set forth at 7:27-19.5(d), 19.7(h), or 19.8(e)), operate all combustion sources included in the approved repowering plan in a manner that complies with the plan and with all conditions of the Department's approval;

2. Meet the compliance milestones in the approved plan;

3. Repower the combustion sources included in the plan by the date specified in the approved plan;

4. Beginning on May 31, 1995 (or on March 7, 2007 for any facility, equipment or source operation that is subject to a NO[x] emissions limit under this subchapter as set forth at 7:27-19.5(d), 19.7(h), or 19.8(e)), determine the actual NO[x] emissions from each combustion source included in the repowering plan in accordance with 7:27-19.15(a);

5. If the approved plan provides for the owner or operator to annually adjust the combustion process for a combustion source included in the plan, do so in accordance with the general procedures set forth at 7:27-19.16 before May 1 of each calendar year beginning with 1995, until repowering is completed;

6. Beginning on May 31, 1995 (or on March 7, 2007 for any facility, equipment or source operation that is subject to a NO[x] emissions limit under this subchapter as set forth at 7:27-19.5(d), 19.7(h), or 19.8(e)). comply with the recordkeeping and reporting requirements of 7:27-19.19;

7. Within 15 days after the date specified in the approved repowering plan for completion of a milestone listed in (c)2 above, notify the Department in writing that the milestone has or has not been completed. If the milestone has not been completed, the owner or operator shall include in the notice the reason for the delay and the expected date on which the milestone will be completed;

8. Incorporate advances in the art of air pollution control into each repowered source, as required in the preconstruction permit for the replacement equipment;

9. If the plan includes a boiler serving an electric generating unit, cause the repowered boiler serving an electric generating unit to emit NO[x] at a rate no higher than the applicable maximum allowable NO[x] listed in Table 12 below (provided however, that the NO[x] emission limits in Table 12 shall not be construed to limit the owner or operator's obligations under (e)8 above); and

10. If repowering of any combustion source included in the plan is not completed by May 1, 1999 (or by November 7, 2009 for any facility, equipment or source operation that is subject to a NO[x] emissions limit under this subchapter as set forth at 7:27-19.5(d), 19.7(h), or 19.8(e)), cease operating the combustion source.

TABLE 12

Maximum Allowable NO[x] Emission Rates for

Boilers Serving Electric Generating Units

Which Have Been Repowered

(pounds per million BTU)

Firing Method

Fuel/Boiler Type	Tangential	Face	Cyclone
Coal--Wet Bottom	0.2	0.2	0.2
Coal--Dry Bottom	0.2	0.2	N/A
Oil and/or Gas	0.1	0.1	0.1
Gas Only	0.1	0.1	0.1

(f) Except as provided in (g) below:

1. The Department shall seek comments from the general public before making any final decision to approve or disapprove a proposed repowering plan. The Department shall publish notice of opportunity for public comment in a newspaper of general circulation in the area in which each combustion source included in the plan is located;

2. The Department shall submit any repowering plan (and agreement to repower) approved under this section to EPA, as a proposed revision to New Jersey's State Implementation Plan; and

3. Upon EPA's approval of the revision to New Jersey's State Implementation Plan, it shall be Federally enforceable. Plans listed under (g) below shall be Federally enforceable upon the issuance of the Department's approval.

(g) A repowering plan (and agreement to repower) approved under this section is not required to be submitted to EPA as a proposed revision to New Jersey's State Implementation Plan, if the plan provides that NO[x] emissions from each combustion source included in the plan will be controlled during the interim period through one of the following methods:

1. Fuel switching under 7:27-19.20, using natural gas as the "cleaner fuel"; or

2. The use of selective non-catalytic reduction from May 1 through September 30 of each year.

(h) Before the Department approves a repowering plan, the owner or operator shall enter into a Federally enforceable agreement containing the following provisions:

1. Information sufficient to identify the owner or operator;

2. Information sufficient to identify the combustion source, including a brief description (for example, "dry-bottom coal-fired boiler serving an electric generating unit"), its location, its permit number, the company stack designation, and any other identifying numbers, and any other information necessary to distinguish it from other equipment owned or operated by the owner or operator;

3. The owner or operator's undertaking of the following duties:

i. Completing the milestones listed in (c)2 above by specified dates;

ii. Ceasing to operate a combustion source if repowering is not completed by a date specified for that source;

iii. Implementing interim measures to control NO[x] emissions from each combustion source during the interim period;

iv. Causing each combustion source to emit NO[x] at a rate no greater than a specified interim NO[x] emission limit applicable during the interim period;

v. Using a specified method to measure the actual NO[x] emission rate of the combustion source; and

vi. Maintaining the Department's approval in effect;

4. A provision for delay of compliance caused by a "force majeure" event beyond the control of and without the fault of the owner or operator;

5. A provision under which the Department can terminate the agreement and its approval of the repowering plan if the owner or operator materially fails to complete the repowering or any other milestone by the date specified in the approved plan. Termination of the agreement and the approval of the plan is in addition to any other remedies the Department has under this chapter and N.J.A.C. 7:27A; and

6. Other provisions necessary to make the agreement Federally enforceable, to accomplish the purposes of this subchapter, or to allow the agreement to be administered effectively.

N.J. Admin. Code § 7:27-19.21

New Rule, R.1995 d.214, effective 4/17/1995 (operative May 23, 1995).
See: 26 N.J.R. 3298(a), 27 N.J.R. 1581(a).
Administrative correction added (f)3.
See: 27 N.J.R. 3157(a).
Amended by R.2000 d.204, effective 5/15/2000 (operative June 6, 2000).
See: 31 N.J.R. 1671(a), 32 N.J.R. 1808(a).
In (g)2, substituted a reference to September 30 for a reference to September 15.
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 (b), revised application deadline; in (c)1, (e)9 and (h)2, deleted "utility" and added "serving an electric generating unit"; rewrote (d)4 and (e).
Amended by R.2009 d.137, effective 4/20/2009 (operative May 19, 2009).
See: 40 N.J.R. 4390(a), 41 N.J.R. 1752(a).
In (e)9, substituted "Table 12" for "Table 9" twice; and recodified Table 9 in (e) as Table 12.