N.J. Admin. Code § 7:27-22.24

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

Section 7:27-22.24 - Significant modifications

(a) Notwithstanding any other provision of this subchapter, a permittee is required to make any of the changes listed at (b) below through the significant modification procedures set forth in this section. The Department will, upon its approval of an application for a significant modification of the operating permit, incorporate the change(s) into the operating permit. The application for a significant modification constitutes the consolidated preconstruction and operating permit application under this subchapter and N.J.A.C. 7:27-8. For a significant modification of the operating permit, the permittee may begin construction of the significant modification, but may not operate the modified facility until the Department has approved the significant modification.

(b) Construction or installation of any new significant source operation, reconstruction of a process unit or control apparatus made pursuant to N.J.A.C. 7:27-22.24A, or changes to existing significant source operations, shall be made as a significant modification if any of the following criteria apply:

1. A change which causes the facility to be subject to, or which would constitute a modification pursuant to, any of the following:

i. Emission offset requirements at N.J.A.C. 7:27-18.2(a) and (b);

ii. NSPS regulations at 40 CFR 60;

iii. NESHAPS regulations at 40 CFR 61 or 63;

iv. PSD regulations at 40 CFR 52; or

v. Federal visibility regulations promulgated pursuant to 42 USC 7491 or 7492;

2. Any significant change in existing Federally enforceable operating permit conditions related to changing the monitoring method from continuous emission monitoring to parametric monitoring or periodic stack testing;

3. A change which relaxes any Federally enforceable recordkeeping or reporting required by the operating permit;

4. A change which relaxes any Federally enforceable provision of the compliance plan, including any lengthening of the time that a source operation is in noncompliance beyond the schedule contained in the compliance plan;

5. A change which requires a case-by-case determination of an emission limitation or other specific standard contained in a State or Federal rule. This includes, for example, an application for a variance from a specific emission limit. This does not include determination of advances in the art of air pollution control;

6. A relocation of a temporary facility to a site, other than is authorized in the operating permit, if air quality simulation modeling or risk assessment is required for the application pursuant to N.J.A.C. 7:27-22.8;

7. A change which establishes or changes a permit condition for which there is no corresponding underlying applicable requirement, and which the facility has assumed to avoid an applicable requirement to which the facility would otherwise be subject. Such conditions include:

i. A Federally enforceable emissions cap assumed to avoid classification as a major facility or to avoid becoming subject to:

(1) Emission offset requirements pursuant to N.J.A.C. 7:27-18.2;

(2) NSPS regulations at 40 CFR 60;

(3) NESHAPS regulations at 40 CFR 61 or 63;

(4) PSD regulations at 40 CFR 52; or

(5) Federal visibility regulations promulgated pursuant to 42 USC 7491 or 7492; or

ii. An alternative emissions limit for early reductions of HAPs approved pursuant to N.J.A.C. 7:27-22.34 and the regulations promulgated under 42 USC 7412(i)(5);

8. Any incorporation into the operating permit of a new operating scenario if such an incorporation does not qualify as a seven-day-notice change pursuant to N.J.A.C. 7:27-22.22, or a minor modification pursuant to N.J.A.C. 7:27-22.23; or

9. Any incorporation into the operating permit of a new authorization of emissions trading, if such an incorporation does not qualify as a seven-day-notice change pursuant to N.J.A.C. 7:27-22, or a minor modification pursuant to N.J.A.C. 7:27-22.23.

(c) Any change that is a significant modification and that constitutes construction, reconstruction or modification of a source operation, shall incorporate advances in the art of air pollution control pursuant to N.J.A.C. 7:27-22.35, Advances in the art of air pollution control.

(d) Compliance with N.J.A.C. 7:27-18 shall be demonstrated for any significant modification that includes an emission increase.

(e) A permittee shall, pursuant to (f) below, submit an administratively complete application for the significant modification of the operating permit for any change at a facility which, pursuant to (b) above, constitutes a significant modification.

(f) To be deemed administratively complete, an application for a significant modification of the operating permit shall meet all application contents requirements for an initial operating permit set forth at N.J.A.C. 7:27-22.6, except that an application for a significant modification of the operating permit shall include only such information as is relevant to the proposed modification.

(g) The permit shield described at N.J.A.C. 7:27-22.17 shall apply to any change approved under this section.

N.J. Admin. Code § 7:27-22.24

Amended by 49 N.J.R. 3590(a), effective 11/20/2017