N.J. Admin. Code § 7:27-22.18

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

Section 7:27-22.18 - Source emissions testing and monitoring

(a) This section sets forth the procedures by which the Department will implement the source emissions testing and monitoring requirements contained in an approved operating permit. Any deadline in this section may be extended through written approval by the Department, unless prohibited by Federal regulations. Such procedures shall be consistent with the federal rules for enhanced monitoring of stationary sources, set forth at 40 CFR Part 64.

(b) Within 90 days after approval of the operating permit, or within the time frame specified in the operating permit, a permittee shall submit, pursuant to this section, a request for approval of a protocol prepared in accordance with the Department's published technical manual on Air Contaminant Testing and Monitoring. The protocol shall describe how the permittee proposes to carry out any source emissions testing or monitoring, including any type of CMS monitoring, required by the operating permit. Any revisions of the technical manual will be subject to public input prior to finalization.

(c) The protocol shall, in accordance with the Department's technical manual on Air Contaminant Testing and Monitoring, include details of the implementation of the source emissions testing and monitoring practices required by the operating permit and shall specify sampling and analytical procedures, equipment specifications, example calculations, and the form in which data will be submitted.

(d) The Department will inform the permittee in writing of any deficiencies in the proposed protocol, and will provide a reasonable deadline for correction of the deficiencies. The permittee shall correct the deficiencies and resubmit the protocol to the Department within the deadline.

(e) If the operating permit requires source emissions testing, the permittee shall carry out the following initial source emissions testing procedures:

1. Contact the Department within 30 days after approval of the protocol and schedule a testing date;

2. Perform the source emissions testing within 180 days after the Department's approval of the operating permit; and

3. Submit the source emissions test report to the Department, within 45 days after completion of the source emissions testing. The test report shall include all raw field and laboratory data, as well as the operating and production parameters required by the approved protocol, so that the Department may reproduce the calculations and verify the findings of the test report. The test report shall be reviewed and certified pursuant to (h) before it is submitted to the Department.

(f) After completion of the initial source emissions testing required pursuant to (e) above, the permittee shall perform periodic source emissions testing in accordance with any applicable schedule in the operating permit, the approved protocol, and this section.

(g) If the operating permit requires monitoring using a CMS, the permittee shall perform the following initial procedures in accordance with the approved monitoring protocol:

1. Install the CMS by the date specified in the operating permit;

2. Calibrate, operate and maintain all components of the CMS to measure continuously and record continuously the parameters specified in the operating permit;

3. For facilities required to install CEMs, contact the Department within 30 days after approval of the monitoring protocol and schedule a date for a performance specification test to verify that the CEM is operating according to the requirements of the operating permit;

4. Perform the performance specification test prior to any required source emissions testing and within 90 days after the latter of the following events:

i. Installation of the CMS;

ii. The commencement of operation of the equipment being monitored; or

iii. Department approval of the testing protocol; and

5. Submit to the Department the performance specification report within 30 days after the completion of the performance specification test. The performance specification report shall include all raw field and laboratory data necessary for the Department to reproduce the test results as specified by the approved protocol and shall be reviewed and certified pursuant to (h) before it is submitted to the Department.

(h) Each source emissions test report or performance specification test report shall be reviewed and certified, pursuant to 7:27-1.39, by a licensed professional engineer or by an industrial hygienist certified by the American Board of Industrial Hygiene.

(i) The owner or operator of a facility subject to this subchapter shall, upon request of the Department, provide testing facilities, exclusive of instrumentation and sensing devices, as may be necessary for the Department to determine the kind and amount of air contaminants emitted from any significant source operation at the facility. During testing by the Department, the significant source operation shall be operated, within their capacities, under conditions requested by the Department. The testing facilities may be either permanent or temporary, at the discretion of the owner or operator of the facility, and shall conform to all applicable laws, regulations, and rules concerning safe construction and safe practice.

(j) Each permittee shall meet all requirements of the approved protocol during the term of the operating permit.

(k) A permittee may seek the approval of the Department for a delay in testing required pursuant to a permit and/or this section. In such case, the following applies:

1. The permittee shall submit a request for such approval on paper to the address at N.J.A.C. 7:27-22.3(t) and to the appropriate regional enforcement office indicated at (k)1i, ii, or iii below:

i. If the permitted source is located in Burlington, Mercer, Middlesex, Monmouth, or Ocean County:

Department of Environmental Protection

Bureau of Air Compliance & Enforcement--Central

401 E State St

Mail Code 22-03A

PO Box 420

Trenton, NJ 08625-0420.

ii. If the permitted source is located in Bergen, Essex, Hudson, Hunterdon, Morris, Passaic, Somerset, Sussex, Union or Warren County: Department of Environmental Protection

Bureau of Air Compliance & Enforcement - Northern

7 Ridgedale Avenue

Cedar Knolls, NJ 07927.

iii. If the permitted source is located in Atlantic, Camden, Cape May, Cumberland, Gloucester, or Salem County: Department of Environmental Protection

Bureau of Air Compliance & Enforcement - Southern

2 Riverside Drive, Suite 201

Camden, NJ 08103-1013.

2. A request for a delay in testing shall include the following information, at a minimum:

i. Justification why the delay in testing is necessary;

ii. A proposed test date or a proposed set of conditions that would define a future test date; and

iii. Certification signed by the responsible party at the facility and in accordance with the certification procedures at 7:27-1.39.

3. The Department shall approve each initial request for a delay in testing of up to 90 days, and any subsequent request for a delay in testing, only if one of the following criteria is met:

i. The test was delayed due to a Departmental delay, such as if the protocol is still under review/negotiation, but only if the protocol was submitted in a timely fashion;

ii. The equipment which is to be tested had not been installed;

iii. The requirement for testing is a Federal requirement, and the EPA has given its approval in writing of the delay in testing; or

iv. The permittee has described in writing an impediment to the testing, which, based on its review of documentation submitted by the permittee, the Department has determined is a valid reason for further delaying the testing.

(l) In a request for a delay of testing, submitted pursuant to (k) above, a permittee may include a waiver of its right to assert that its emissions during the period of delay were any different than the emissions measured by the test when performed (or, if applicable, the emissions calculated based on the measurements taken).

N.J. Admin. Code § 7:27-22.18

Amended by R.1995 d.493, effective 9/5/1995 (operative October 8, 1995).
See: 27 N.J.R. 1040(a), 27 N.J.R. 3421(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).
Added (k) through (m).
Amended by R.2002 d.53, effective 2/4/2002 (operative March 12, 2002).
See: 33 N.J.R. 3290(a), 34 N.J.R. 756(a).
In (k)3, rewrote the introductory paragraph, added new iii, recodified and rewrote former iii as iv.
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).
Deleted (m).
Administrative change.
See: 43 N.J.R. 2328(a).

Amended by 54 N.J.R. 560(a), effective 4/4/2022