N.J. Admin. Code § 7:27-21.1
The following words and terms, when used in this subchapter, have the following meanings, unless the context clearly indicates otherwise.
"Activity rate/throughput" means a measurable factor or parameter that relates directly or indirectly to the emissions of a source operation or a facility during a given time period (for example, hour, day, or year). Depending on the type of source operation(s) or facility being considered, this term may refer to the amount of fuel combusted, raw material processed, product manufactured, or material handled or processed during the time period. It is typically the value that is multiplied against an emission factor to generate an emissions estimate for the time period.
"Actual emissions" means the rate at which an air contaminant is actually emitted, either directly or indirectly, to the outdoor atmosphere, in units of mass per calendar year, seasonal period, or other time period specified in this subchapter.
"Aerodynamic diameter" means the theoretical diameter of a nonspherical particle having the same terminal settling velocity as an equally dense, spherical particle of such diameter.
"Air contaminant" means any substance, other than water or distillates of air, present in atmosphere as solid particles, liquid particles, vapors or gases.
"Ammonia" or "NH[3]," means a colorless, pungent gas at standard conditions, having a molecular composition of one nitrogen atom and three hydrogen atoms.
"AP-42" means the January 1995, 5th edition, of the manual entitled "Compilation of Air Pollutant Emission Factors," which is published by the EPA, and including supplements A, B, C, D, E, F, and G and any subsequent revisions. This document may be obtained from the National Technical Information Service (NTIS), 5285 Port Royal Road, Springfield, Virginia, 22161, (703) 487-4650; or from the Superintendent of Documents, Government Printing Office, Washington, D.C., 20402, (202) 783-3228. In addition, this document can be accessed electronically through the EPA Technology Transfer Network CHIEF site on the worldwide web at http://www.epa.gov/ttn/chief/ap42.html.
"Capture efficiency" means the amount of an air contaminant collected by a control apparatus serving the source operation, expressed as a percentage of the total amount of the air contaminant emitted by the source operation.
"Carbon dioxide" or "CO[2]" means a colorless, odorless, tasteless gas at standard conditions, having a molecular composition of one carbon atom and two oxygen atoms.
"Carbon monoxide" or "CO" means a colorless, odorless, tasteless gas at standard conditions, having a molecular composition of one carbon atom and one oxygen atom.
"Certificate" means either an operating certificate or a temporary operating certificate.
"CFR" means the United States Code of Federal Regulations. This document may be obtained from the Superintendent of Documents, Government Printing Office, Washington, D.C. 20402, (202) 783-3228.
"Control apparatus" means any device which prevents or controls the emission of any air contaminant directly or indirectly into the outdoor atmosphere.
"Control efficiency" means the amount of an air contaminant prevented from being discharged into the outdoor atmosphere by a control apparatus, expressed as a percentage of the total amount of the air contaminant collected by the control apparatus.
"Delivery vessel" means any vehicle designed and constructed or converted to be capable of transporting liquid VOC cargo such as gasoline or fuel oil. This term includes, but is not limited to, tank trucks, tank trailers, railroad tank cars, and marine tank vessels.
"Department" means the New Jersey Department of Environmental Protection.
"Distillates of air" means the following chemical species: helium (He), nitrogen (N[2]), oxygen (O[2]), neon (Ne), argon (Ar), krypton (Kr), and xenon (Xe).
"Emission Inventory Improvement Program" or "EIIP" is a program developed by local and State air pollution control officers and the EPA to improve the accuracy and quality of the emissions data reported by facilities to the states used for emission inventory development for submittal to the Federal government pursuant to 40 CFR Part 51 . This plan includes a multi-volume reference of emission estimation methods that can be electronically accessed at the EPA Chief website at http:http://www.epa.gov/ttn/chiefwhich provides the most current, accurate emission estimation calculation methods for determining actual emissions of all air contaminants from all types of source operations.
"Emission point" means a stack, chimney, door, window, vent, or any other opening where air contaminants are emitted to the atmosphere.
"Emission Statement Guidance Document" refers to the Emission Statement Guidance Document, and any addendum or subsequent revision, published at the Department's website at http://www.nj.gov/dep/aqm/es/emstatpg.html . This publication is updated periodically to incorporate the Department's latest guidance regarding Emission Statement policies, reporting procedures, and format. This information is provided in order to assist the owner or operator of a facility subject to this subchapter with the process of completing, certifying, and submitting an Emission Statement.
"EPA" means the United States Environmental Protection Agency.
"Equipment" means any device capable of causing the emission of an air contaminant either directly or indirectly to the outdoor atmosphere, and any stack or chimney, conduit, flue, duct, vent, or similar device connected or attached to, or serving the equipment. This term includes, but is not limited to, a device in which the preponderance of the air contaminants emitted is caused by a manufacturing process.
"Facility" means the combination of all structures, buildings, equipment, control apparatus, storage tanks, source operations, and other operations located on a single site or on contiguous or adjacent sites and that are under common control of the same person or persons.
"Facility-wide permit" means a single permit issued by the Department to the owner or operator of a priority industrial facility incorporating the permits, certificates, registrations, or any other relevant Department approvals previously issued to the owner or operator of the priority industrial facility pursuant to the Solid Waste Management Act, 13:1E-1 et seq., the Water Pollution Control Act, 58:10A-1 et seq., the Air Pollution Control Act, 26:2C-1 et seq., and the appropriate provisions of the Pollution Prevention Plan prepared by the owner or operator of the priority industrial facility pursuant to 13:1D-41 and 42. This term shall have the same meaning as defined for the term "facility-wide permit" at 7:1K-1.5; if there is any conflict between the definition at 7:1K-1.5 and this one, the definition at 7:1K-1.5 shall control.
"Federally enforceable" means any limitation or condition on operation, production, or emissions that can be enforced by EPA. These limitations and conditions that can be enforced by EPA include, but are not limited to, those established pursuant to:
1. Any standard of performance for new stationary sources (NSPS) promulgated at 40 CFR Part 60 , or promulgated under 42 U.S.C. § 7411;
2. Any national emission standard for hazardous air pollutants (NESHAP) promulgated at 40 CFR Part 61, 40 CFR Part 63, or promulgated under 42 U.S.C. § 7412;
3. Any standard or other requirement provided for in a SIP that has been approved by EPA, or promulgated through rulemaking by EPA; or
4. Any permit or order issued pursuant to requirements established at 40 CFR 51, Subpart I (including any preconstruction permit issued pursuant to N.J.A.C. 7:27- 8 or any operating permit issued pursuant to N.J.A.C. 7:27-22); 40 CFR 52.21; 40 CFR Part 70; 40 CFR Part 71; or 40 CFR Part 72 .
"Fugitive emissions" means any air contaminant emissions released directly or indirectly into the outdoor atmosphere which cannot reasonably pass through a stack or chimney.
"Gasoline" means any petroleum distillate or petroleum distillate/oxygenate blend having a Reid vapor pressure of four pounds per square inch (207 millimeters of mercury) absolute or greater, sold for use or used in a motor vehicle or motor vehicle engine, and commonly or commercially known or sold as gasoline.
"Gasoline dispensing facility" means a facility consisting of one or more stationary gasoline storage tanks together with dispensing devices used to fill vehicle fuel tanks.
"Insignificant source operation" means a source operation that is not a "significant source operation" as defined in this section.
"Lead" or "Pb" means elemental lead or any compound containing lead measured as elemental lead.
"Liquid particles" means particles which have volume but are not of rigid shape.
"Manufacturing process" means any action, operation or treatment embracing chemical, industrial, manufacturing or processing factors, methods or forms including, but not limited to, furnaces, kettles, ovens, converters, cupolas, kilns, crucibles, stills, dryers, roasters, crushers, grinders, mixers, reactors, regenerators, separators, filters, reboilers, columns, classifiers, screens, quenchers, cookers, digesters, towers, washers, scrubbers, mills, condensers or absorbers.
"Maximum design capacity" means, in reference to a source operation, its maximum capability, per period of time, to operate, to consume a process input or to generate a product. This term may be expressed in units such as the maximum number of kilowatt-hours of electricity that a combustion unit is capable of producing per hour or the maximum amount of a raw material that may be processed per day.
"Methane" or "CH[LESS THAN]4[GREATER THAN]" means a colorless, odorless, flammable gas at standard conditions, having a molecular composition of one carbon atom and four hydrogen atoms.
"NAICS code" means the North American Industrial Classification System code, assigned by the United States Office of Management and Budget, which classifies establishments according to the type of economic activity in which they are engaged. A NAICS manual is available from the National Technical Information Service, 5285 Port Royal Road, Springfield, VA 22161.
"NESHAP" means a National Emission Standard for a Hazardous Air Pollutant as promulgated under 40 CFR 61.
"NSPS" means Standard of Performance for New Stationary Sources as promulgated under 40 CFR 60, commonly referred to as New Source Performance Standards.
"Operating certificate" or "certificate" means a "Certificate to Operate Control Apparatus or Equipment" issued by the Department pursuant to 26:2C-1 et seq., and in particular 26:2C-9.2, and the implementing rules at N.J.A.C. 7:27-8.
"Operating permit" means the permit described in Title V of the Federal Clean Air Act, 42 U.S.C. §§ 7661 et seq., and in N.J.A.C. 7:27-22. This term shall include a general operating permit which is applicable facility wide, but does not include a general operating permit which applies only to a part of a facility. Where a general operating permit applies only to a part of a facility, the general operating permit shall be incorporated into the operating permit. This term also includes an operating permit issued for a temporary facility; for a facility subject to a MACT or GACT standard pursuant to 7:27-22.26; or for a component of a facility pursuant to 7:27-22.5(j).
"Operating scenario" means a plan for operating a facility or a portion thereof in a way, or according to a method, or using methods or processes, which are different from other methods or processes used at the facility, or portion thereof. An operating scenario may be incorporated into a permit through issuance of an initial operating permit, minor modification, significant modification, or authorized through a seven-day-notice.
"Operating time" means, for a control apparatus that serves a source operation, the amount of time that the control apparatus is in use.
"Order" means any and all orders issued by the Department including, but not limited to, Administrative Orders and Administrative Consent Orders.
"Oxides of nitrogen" or "NO[x]" means all oxides of nitrogen, except nitrous oxide, as measured by test methods approved by the Department and EPA, such as the test methods set forth at 40 CFR 60 Appendix A Methods 7 through 7E.
"Ozone season" means the portion of each year beginning May 1 and ending September 30.
"Pb" see "lead."
"Peak carbon monoxide season" means December 1 through the last day of February, inclusive.
"Peak ozone season" means June 1 through August 31, inclusive.
"Permit" means a preconstruction permit or operating permit.
"Person" means an individual, public or private corporation, company, partnership, firm, association, society, joint stock company, international entity, institution, county, municipality, state, interstate body, the United States of America, or any agency, board, commission, employee, agent, officer, or political subdivision of a state, an interstate body, or the United States of America.
"PM[2.5]" means a class of air contaminants that includes all particulate matter having an aerodynamic diameter less than or equal to a nominal 2.5 microns.
"PM[10]" means a class of air contaminants that includes all particulate matter having an aerodynamic diameter less than or equal to a nominal 10 microns.
"Potential to emit" means the maximum aggregate capacity of a source operation or of a facility to emit an air contaminant under its physical and operational design. Any physical or operational limitation on the capacity of a source operation or a facility to emit an air contaminant, including control apparatus, and restrictions on hours of operation or on the type or amount of material combusted, stored or processed, shall be treated as part of its design if the limitation is Federally enforceable. Fugitive emissions shall be included in the determination of potential to emit. However, the determination shall not include any banked emission reductions that are held by the owner or operator.
"Preconstruction permit" means a legally valid permit, authorizing construction, installation, reconstruction, or modification of a significant source, issued by the Department under N.J.A.C. 7:27-8pursuant to the New Jersey Air Pollution Control Act and in particular N.J.S.A. 26:2C-9.2.
"Process intermediate" means any material used in a process which is neither a raw material nor a product.
"Product" means the output from a source operation, equipment, or control apparatus. Such outputs may include mixtures, composites, compounds and elemental substances.
"RADIUS" means the Department's Remote Access Data Information User System, which is available at http://www.nj.gov/dep/aqpp/radius.html, and which includes the software provided by the Department for the electronic preparation and submittal to the Department of air permit applications and Emission Statements. "RADIUS" also means successor software that the Department makes available for the same purpose.
"Raw material" means any input to equipment, control apparatus, or a source operation, including fuels, but excluding heat and other forms of energy. Such inputs may include mixtures, composites, compounds and elemental substances.
"Reasonably available" means, with respect to a method of quantification, utilizing data or information that is already in the possession of a person at the time of reporting or which can be obtained by such person through public sources. For example, a quantification method utilizing emission factors set forth in an AP-42 document is a reasonably available method.
"Reid vapor pressure" means the absolute vapor pressure of a petroleum product in pounds per square inch (kilopascals) at 100 degrees Fahrenheit (0F) (37.8 degrees Celsius (0C)) as measured by "Method 1--Dry RVP Measurement" or "Method 2--Herzog Semi-Automatic Method" promulgated at 40 CFR 80, Appendix E; or any other test method approved in advance in writing by the Department and the EPA.
"Reporting year" means the calendar year during which emissions reported in an Emission Statement were emitted, except that carbon monoxide emissions emitted in December of the preceding calendar year shall also be reported as part of the peak carbon monoxide season emissions in a given year.
"Responsible official" has the same meaning as defined for this term at 7:27-1.4.
"SCC code" means the eight digit Source Classification Code published by EPA that provides a detailed specification of a process. See EPA document "AIRS Facility Subsystem Source Classification Codes and Emission Factor Listing for Criteria Air Pollutants" EPA 450/4-90-003, which may be obtained from the National Technical Information Service (NTIS), 5285 Port Royal Road, Springfield, Virginia, 22161, (703) 487-4650 or the Superintendent of Documents, Government Printing Office, Washington, D.C., 20402, (202) 783-3228.
"Seasonal throughput" means the activity rate/throughput for any specific season, such as the peak carbon monoxide season, the ozone season, or the peak ozone season.
"Significant source operation" has one of the following meanings:
1. In respect to a source operation at a facility which is subject to the operating permit requirements of N.J.A.C. 7:27-22, this term has the meaning defined for the same term at 7:27-22.1;
2. Otherwise, this term has the meaning defined for the same term at 7:27-8.1, except that, for the purposes of this subchapter, no source operation shall be excluded from being classified as a significant source operation solely because it is a grandfathered source. That is, even though for the purposes of N.J.A.C. 7:27-8, a source operation would be excluded from being classified as a significant source operation if it meets the following three criteria, it is not so excluded for the purposes of this subchapter:
i. The source operation was in operation prior to the date that source operations of its kind were subject to permit requirements under N.J.A.C. 7:27-8;
ii. The source operation has not been reconstructed or modified since that date referenced in 2i above; and
iii. The source operation is still operable.
"Solid particles" means particles of rigid shape and definite volume.
"Source emission testing" means the testing of a discharge of any air contaminant from a source operation through any stack or chimney.
"Source operation" means any process, or any identifiable part thereof, that emits or can reasonably be anticipated to emit any air contaminant either directly or indirectly into the outdoor atmosphere. A source operation may include one or more pieces of equipment or control apparatus.
"Stack equivalent" means an aggregation of more than one stack or chimney approved by the Department for use in calculating or measuring air contaminant emissions from a single source operation or a group of source operations with a common exhaust ventilation system.
"Stack or chimney" means a flue, conduit or opening designed, constructed or used for the purpose of emitting any air contaminant into the outdoor atmosphere.
"State Implementation Plan" (SIP) means a plan for the attainment of any NAAQS, prepared by a state and approved by the EPA pursuant to 42 U.S.C. § 7410.
"State Plane Coordinates" means a geographic reference system in the horizontal plane, which has been developed and is maintained by the Department, describing the position of points or features with respect to other points in New Jersey. Information about this system may be obtained from the Department's website at: http://www.state.nj.us/dep/GIS; from the Department's Bureau of Geographical Information and Analysis by e-mail at: mailto:gisnet@gis.dep.state.nj.us.
"Subject to operating permit requirements" means, with respect to a facility, that the owner or operator of the facility:
1. Is required to obtain an operating permit for the facility pursuant to N.J.A.C. 7:27-22; or
2. Has voluntarily applied for an operating permit for the facility and an operating permit has been issued by the Department for the facility.
"Submittal year" means the calendar year in which an Emission Statement is required to be submitted. This term may be contrasted with the term "reporting year," defined above, which is the temporal period during which the emissions that are reported in an Emission Statement are emitted.
"Sulfur dioxide" or "SO[2]" means a colorless gas at standard conditions, having a molecular composition of one sulfur atom and two oxygen atoms.
"Ton" means a unit of weight equal to 2,000 pounds (0.907 metric tons or 907.20 kilograms).
"Total suspended particulate matter" or "TSP" means any air contaminant dispersed in the outdoor atmosphere which exists as solid particles or liquid particles at standard conditions and is measured in accordance with N.J.A.C. 7:27B-1; 40 CFR 60, Appendix A, Methods 5 through 5H; or another method approved by the Department and EPA.
"Toxic air pollutant" or "toxic" means any of the substances listed at N.J.A.C. 7:27-21Appendix 1, Tables 1, 2, or 3, incorporated herein by reference.
" U.S.C. " means the United States Code.
"UTM coordinates" means Universal Transverse Mercator geographic coordinates, specified by the UTM zone, horizontal coordinate and vertical coordinate.
"Volatile organic compound" or "VOC" means a volatile organic compound as that term is defined by the EPA at 40 CFR 51.100(s), incorporated herein by reference, as amended and supplemented.
N.J. Admin. Code § 7:27-21.1