N.J. Admin. Code § 7:27-19.3

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

Section 7:27-19.3 - General provisions

(a) Each owner and each operator of any equipment or source operation subject to this subchapter is responsible for ensuring compliance with all requirements of this subchapter. If there is more than one owner and operator of the equipment or source operation, each owner and each operator is jointly and severally liable for any penalties for violations of this subchapter.

(b) The emission limitations specified in this subchapter became operative on May 31, 1995, unless otherwise specified.

(c) For any alteration of equipment or source operations necessary to comply with the NO[x] emission limits in this subchapter, which alteration does not involve a reconstruction of the equipment or source operation, the use of control measures which incorporate current advances in the art of air pollution control for those types of control measures shall be deemed to satisfy the requirements of 7:27-8.12 or 22.35. For example, if a boiler serving an electric generating unit achieves compliance with an emission limit under this subchapter by installing a low-NO[x] burner, the requirements of 7:27-8.12 or 22.35 are satisfied if the low-NO[x] burner installed incorporates current advances in the art of air pollution control for low-NO[x] burners.

(d) By February 7, 2006, the owner or operator of any facility, equipment or source operation that is subject to NO[x] emissions limit at 7:27-19.5(d), 19.7(h), or 19.8(e) shall:

1. Apply for permits for all equipment and control apparatus necessary for compliance with this subchapter; and

2. If the owner or operator seeks to comply with this subchapter pursuant to the facility-specific NO[x] emission limit provision of 7:27-19.13, submit to the Department a facility-specific NO[x] control plan pursuant to 7:27-19.13.

(e) After receipt of a written request from an owner or operator for an extension of the deadline set forth in (d) above or after receipt of a written request from an owner or operator for an extension of the deadline set forth at 7:27-19.13(b)5, the Department will authorize one 90-day non-renewable deadline extension. Written requests for the extension of a deadline submitted pursuant to this subsection shall be addressed to: Administrator

Air Compliance and Enforcement

Department of Environmental Protection

PO Box 422

401 East State Street, 4th Floor

Trenton, New Jersey 08625-0422

(f) In lieu of complying with the applicable emission limits set forth at 7:27-19.4, 19.5, 19.7, 19.8, 19.9, 19.10 or 19.28, the owner or operator of any equipment or source operation listed in 7:27-19.2(b) may comply with one of the following, or with a combination of (f)1 and 3 below. The owner or operator of any equipment or source operation listed in 7:27-19.2(c) may comply with (f)1, 2 or 4 below. On and after May 1, 2015, the owner or operator of any HEDD unit shall not use the alternatives in this subsection to comply with any applicable maximum allowable emission rate at 7:27-19.4 or 19.5.

1. An emissions averaging plan approved by the Department pursuant to 7:27-19.6 and 19.14, which includes the combustion source in question as an averaging unit;

2. An alternative maximum allowable emission rate for the unit, approved by the Department pursuant to 7:27-19.13;

3. A seasonal fuel switching plan for the unit, approved by the Department pursuant to 7:27-19.14 and 19.20; or

4. A plan for phased compliance for the unit, approved by the Department pursuant to 7:27-19.14 and 7:27-19.21 or 19.23.

(g)-(h) (Reserved)

(i) The owner or operator of any facility, equipment or source operation which commences operation on or after January 23, 1994 shall ensure that such facility, equipment of source operation complies with the applicable requirement(s) of this subchapter from the date of commencement of operation or from the date the requirement is operative, whichever is later.

(j) A person required to provide a notice to the Department under this subchapter shall send the notice to the applicable address listed below:

1. If the notice concerns a combustion source located in Burlington County, Mercer County, Middlesex County, Monmouth County, or Ocean County, the person shall send the notice to: Department of Environmental Protection

Bureau of Air Compliance & Enforcement - Central

4 Station Plaza

Mail Code 22-03A

PO Box 420

Trenton, NJ 08625-0420

2. If the notice concerns a combustion source located in Bergen County, Essex County, Hudson County, Hunterdon County, Morris County, Passaic County, Somerset County, Sussex County, Union County, or Warren County, the person shall send the notice to: Department of Environmental Protection

Bureau of Air Compliance & Enforcement - Northern

7 Ridgedale Avenue

Cedar Knolls, NJ 07927

3. If notice concerns a combustion source located in Atlantic County, Camden County, Cape May County, Cumberland County, Gloucester County, or Salem County, the person shall send the notice to: Department of Environmental Protection

Bureau of Air Compliance & Enforcement - Southern

2 Riverside Drive, Suite 201

Camden, NJ 08103-1013

4. If the notice concerns an averaging plan pursuant to 7:27-19.6, the person shall determine the county in which the averaging unit with the biggest potential to emit NO[x] is located, and send the notice to the address applicable to that county under (j)1 through 3 above.

N.J. Admin. Code § 7:27-19.3

Amended by 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).
Amended by R.1996 d.303, effective 7/1/1996 (operative August 2, 1996).
See: 28 N.J.R. 1147(b), 28 N.J.R. 3414(a).
Added (g) and redesignated former (g) and (h) as (h) and (i).
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 (c) and (e), changed N.J.A.C. references.
Amended by R.2004 d.129, effective 4/5/2004 (operative April 25, 2004).
See: 35 N.J.R. 3486(a), 36 N.J.R. 1791(a).
Rewrote (g); added a new (h) and recodified former (h) and (i) as (i) and (j).
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).
Rewrote (b), (c), (d), (f), (i), and (j).
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).
Rewrote the introductory paragraph of (e); updated the address in (e); rewrote the introductory paragraph of (f); and reserved (g) and (h).
Administrative change.
See: 43 N.J.R. 2328(a).