N.J. Admin. Code § 7:27-22.28A

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

Section 7:27-22.28A - Emissions trading

(a) Pursuant to this section a permittee may implement an emissions trading program at a facility subject to this subchapter.

(b) A permittee may implement any of the following emissions trading programs, if the Department has approved the program and incorporated it into the operating permit:

1. A facility-specific emissions averaging program with a federally enforceable emissions cap, pursuant to N.J.A.C. 7:27-22.28B;

2. An emissions trading program approved by the Department and approved by EPA as a case-by-case revision to New Jersey's SIP; or

3. An emissions trading program approved by the Department and not required to be approved by EPA as a case-by-case revision to New Jersey's SIP. For example, if emissions trading were performed pursuant to a rule which is approved as part of New Jersey's SIP, a case-by-case SIP revision would not be required (unless the rule specifically called for such a revision).

(c) Except as provided in (d) below, the emissions trading program shall be:

1. Incorporated in the initial operating permit approved by the Department; or

2. Incorporated in the operating permit through a renewal or a significant modification of the operating permit.

(d) In lieu of the procedures in (c) above, an emissions trading program may be attached to the operating permit through a seven-day-notice change pursuant to the seven-day-notice change procedures set forth in N.J.A.C. 7:27-22.22, provided that:

1. The emissions trading program is one which:

i. Pursuant to (b)2 above is approved by the Department and approved by EPA as a case-by-case revision to New Jersey's SIP; or

ii. Pursuant to (b)3 or 4 above is promulgated in provisions of this Chapter and which has been approved by EPA as a revision to New Jersey's SIP; and

2. The attachment is eligible to be made by a seven-day-notice change pursuant to N.J.A.C. 7:27-22.22 and pursuant to the provisions and conditions of the SIP revision or the provisions of this chapter on which the emissions trading program is based.

(e) The emissions trading program shall conform with the applicable provisions of:

1. The Federal emissions trading policy published on December 4, 1986, in the Federal Register, Volume 51, No. 233;

2. The economic incentive program rules published on April 7, 1994, in the Federal Register, Volume 59, No. 67;

3. Any other applicable emissions trading regulations or guidance issued by EPA; and

4. Any applicable requirements in a rule, order, or permit issued by the Department.

(f) An emissions trading program incorporated into the operating permit shall be implemented pursuant to the applicable provisions and conditions of the operating permit. An emissions trading program attached to the operating permit in accordance with (d) above shall be implemented:

1. If the program is one which is pursuant to (b)2 above approved in advance by the Department, in accordance with the provisions and conditions of the SIP revision; or

2. If the program is one which is pursuant to (b)3 above promulgated in provisions of this chapter, in accordance with the applicable provisions of this chapter.

(g) A permittee may seek authorization, through a significant modification or a renewal, to modify an emissions trading program which has been incorporated into an operating permit to accommodate a change to the emissions trading program. Also, if the emissions trading program is one allowed pursuant to (d) to be attached to an operating permit, a permittee may change the program through a seven-day-notice change, provided that the change is eligible to be made by a seven-day-notice change pursuant to N.J.A.C. 7:27-22.22 and pursuant to the provisions and conditions of the Department's approval or the provisions of this chapter on which the emissions trading program is based.

(h) A permit shield pursuant to N.J.A.C. 7:27-17 shall apply to an emissions trading program only if the program is incorporated into the operating permit through an initial operating permit, an operating permit renewal, or a significant modification. A permit shield shall not apply to any emissions trading program, or any modification to a program, which is attached to an operating permit through a seven-day-notice.

N.J. Admin. Code § 7:27-22.28A

New Rule, R.1995 d.493, effective 9/5/1995 (operative October 8, 1995).
See: 27 New Jersey Register 1040(a), 27 New Jersey Register 3421(a).
Amended by R.1996 d.303, effective 7/1/1996 (operative August 2, 1996).
See: 28 New Jersey Register 1147(b), 28 New Jersey Register 3414(a).
Administrative Correction.
See: 28 New Jersey Register 3550(a).
Amended by R.2004 d.129, effective 4/5/2004 (operative April 25, 2004).
See: 35 New Jersey Register 3486(a), 36 New Jersey Register 1791(a).
In (b), deleted the first sentence and deleted "also" preceding "implement" in the second sentence in the introductory paragraph.