N.J. Admin. Code § 7:27-22.22

Current through Register Vol. 56, No. 24, December 18, 2024

Section 7:27-22.22 - Seven-day-notice changes

(a) A permittee may make any of the changes listed at (c) or (d) below through the procedures for a seven-day-notice change set forth in this section. The Department shall attach the notice of the seven-day-notice change to the operating permit, but shall not revise the operating permit until the next application for a renewal. If the requirements of this section are met, a permittee may make a seven-day-notice change seven days after the Department's receipt of the notice of the change.

(b) Any other provision of this section notwithstanding, no change listed in (c) below may be made pursuant to this section if the change would:

1. Require an increase in any allowable emissions limit established in the operating permit, including any maximum allowable emissions rate (whether expressed as pounds per hour, tons per year, total pounds, total tons, or other units expressed as a rate of emissions or total emissions) or concentration limit or any emissions cap;

2. Cause the emission of a new air contaminant or class of air contaminants;

3. Constitute a minor modification or significant modification, as defined at N.J.A.C. 7:27-22.23 or 22.24, respectively;

4. Change a monitoring, recordkeeping, or reporting requirement set forth in the operating permit, if the changed requirement would be less stringent than, the existing requirement;

5. Constitute a modification under any provision of Title I of the CAA; or

6. Subject the facility to the requirements of the acid deposition control provisions in Title IV of the CAA, or would violate such requirements.

(c) Except as provided at (b) above, any of the following changes may be made as seven-day-notice changes, pursuant to the procedures of this section:

1. Any reconfiguration to an operating scenario, including an alternative configuration or a change in the production process, not authorized in the operating permit in effect, provided that the notice to the Department of the change contains the information required at N.J.A.C. 7:27-22.27 (Operating scenarios) and that the operating scenario conforms with the requirements of that section;

2. The attachment of an emissions trading program to an operating permit pursuant to N.J.A.C. 7:27-22.28A(d) (Emissions trading);

3. A change in operation to an emissions trading program attached to an operating permit pursuant to N.J.A.C. 7:27-22.28A(g);

4. Relocation of a temporary facility to a site not specifically authorized in the operating permit, unless air quality simulation modeling or risk assessment is required pursuant to N.J.A.C. 7:27-22.8(a) 3; or

5. Any change to a significant source operation which:

i. Is not already authorized by the operating permit;

ii. Does not cause actual emissions to exceed allowable emissions in the operating permit; and

iii. Does not cause the emission of a new air contaminant not specified in the operating permit.

(d) (Reserved)

(e) A permittee shall, pursuant to (f), (g), or (i), (as applicable) below, submit a timely and administratively complete notice for any change being made pursuant to this section as a sevenday-notice change.

(f) To be deemed timely, a notice must be received by the Department and EPA at least seven days prior to the change being made at the facility.

(g) Except pursuant to (i) below, to be deemed administratively complete, the notice shall include all information required by the form for a seven-day-notice obtained from the Department, including, but not limited to, the following information:

1. A description of the planned change, and a statement of the reason the change is being made;

2. The date(s) or schedule for when the change will be made, or a description of the types of circumstances under which the change would be made;

3. The specific source operations that will be changed or will be affected by the change;

4. For each source operation given in (g)3 above, the change in the quantity or rate of actual emissions as a result of the change;

5. Specification of any permit requirement or applicable requirement that will be:

i. Complied with through the change; or

ii. No longer applicable as a result of the change;

6. A statement affirming that, after implementation of the seven-day-notice the facility will continue to comply with all applicable requirements; and

7. Certification of the notice of the change in accordance with N.J.A.C. 7:27-1.39.

(h) (Reserved)

(i) (Reserved)

(j) No permittee shall make a change at a facility pursuant to this section unless the written notice of the change is submitted to both the Department and EPA at least seven days before the change is made, and all other requirements of this Chapter are met.

(k) The Department may review a seven-day-notice change at any time prior to the next renewal of the operating permit. If the Department finds that the change was inconsistent with the requirements for a seven-day-notice change, the Department will notify the facility and may take enforcement action.

(l) Upon receipt of a notice of a seven-day-notice change, the Department will file the notice as an attachment to the operating permit. The permittee shall include all such changes in the application for the next renewal of the operating permit, in accordance with N.J.A.C. 7:27-22.30.

(m) The permittee shall attach a copy of each notice submitted pursuant to this section to the copy of the operating permit the permittee maintains at the facility.

(n) The permit shield described at N.J.A.C. 7:27-22.1 7 shall not apply to any change made pursuant to this section.

(o) A permittee may elect to make any change authorized to be made as a seven-day-notice change as a minor modification or significant modification.

N.J. Admin. Code § 7:27-22.22

Adopted by 50 N.J.R. 409(a), effective 1/16/2018

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