N.J. Admin. Code § 7:27-22.28B

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

Section 7:27-22.28B - Facility-specific emissions averaging programs

(a) A permittee may obtain approval for and implement a facility-specific emissions averaging program at a facility subject to this subchapter pursuant to this section, provided that no averaging program set forth in a promulgated rule would apply. Such a program shall be on a case-by-case basis, developed and approved for implementation at a specific facility.

(b) Such a facility-specific emissions averaging program shall be limited to the group of source operations and to the air contaminants authorized for the facility-specific emissions averaging program incorporated in the operating permit. The source operations included shall be a specific group of source operations proposed by the applicant and approved by the Department. The facility-specific emissions averaging program shall subject these source operations collectively to a federally enforceable emissions cap.

(c) An application submitted to obtain authorization to implement a facility-specific emissions averaging program shall provide information to the Department including, but not limited to, the following:

1. A description of the planned emissions averaging program;

2. A statement of the purpose for seeking authorization for the emissions averaging program at the facility. Such a statement shall indicate, for example, if the purpose of the authorization is to establish an emissions cap so as to avoid being classified as a major facility or avoid becoming subject to requirements, such as:

i. Emission offset requirements pursuant to N.J.A.C. 7:27-18.2; or

ii. PSD regulations at 40 CFR 52;

3. Specification of any permit condition or applicable requirement that would be:

i. Complied with through the emissions averaging program; or

ii. No longer applicable as a result of the emissions averaging program;

4. The specific source operations that would be included in the emissions averaging program;

5. For each source operation subject to the emissions averaging program, each air contaminant for which the quantity or rate of actual emissions may be increased or decreased as a result of the emissions averaging program;

6. For each air contaminant identified pursuant to (c)5 above, the proposed federally enforceable emissions cap for the group of source operations that are to be included in the emissions averaging program;

7. A description of the types of circumstances under which decreases in emissions from one or more source operations will be used to offset increases in emissions from one or more other source operations;

8. Proposed permit conditions which will enable the Department to readily verify whether emissions from the source operations have exceeded the emissions cap; such permit conditions shall set forth replicable procedures sufficient to ensure that emissions are quantified and recorded and that compliance with the emissions cap is enforceable. Such replicable procedures shall include monitoring or source emissions testing, or both, and recordkeeping and reporting procedures;

9. A statement affirming that each included source operation shall operate in compliance with the applicable provisions of this chapter and with all other applicable requirements; and

10. Certification in accordance with N.J.A.C. 7:27-1.39.

(d) If the Department approves the incorporation of a facility-specific emissions averaging program in an operating permit, the Department shall establish in the operating permit:

1. A Federally enforceable cap on the aggregate emissions for the group of source operations included in the emissions averaging program authorized by the operating permit; and

2. Permit conditions which will enable the Department to readily verify whether emissions from the source operations have exceeded the emissions cap. Such permit conditions shall set forth replicable procedures, including monitoring, source emissions testing, recordkeeping, and reporting procedures, sufficient to ensure that emissions are quantified and recorded and that compliance with the emissions cap is enforceable.

(e) The Department shall not approve any facility-specific emissions averaging program proposed for an operating permit, or any proposed modification thereto, if:

1. Any State rule or Federal regulation, which is an applicable requirement, requires for any source operation included in the proposed emissions averaging program, or for the modification thereto, case-by-case approval of any increase in emissions from that source operation, unless such case-by-case approval has already been issued by the Department and EPA pursuant to the procedures in the applicable requirement; or

2. The emissions averaging program, or the proposed modification thereto, could result in an increase in the aggregate maximum allowable emissions from the source operations included in the emissions averaging program.

(f) A permittee authorized to implement one or more facility-specific emissions averaging programs shall maintain an emissions log at the facility for all source operations subject to the averaging program(s). The permittee shall maintain this record on a daily basis. Specifically, the log shall reflect for each day:

1. Whether the facility complied with the operating permit by operating within one or more emissions caps established for one or more groups of source operations; and

2. For each group of source operations and for each air contaminant subject to an emissions cap, the following information:

i. The actual emissions of each source operation per unit of time. The unit of time used for this record shall be the same as that in which the emissions cap is given, if the unit of time on which the cap is based is one day or less. For example, if the emissions cap is given in pounds per hour, the record shall contain for that day the pounds of actual emissions for each hour of the day for each source operation. If the unit of time on which the emissions cap is based is greater than one day (for example, tons per year), the actual emissions per day shall be recorded; and

ii. The total emissions, collectively, from all source operations in the group subject to the emissions cap. The unit of time used for this record shall be the same unit of time as is used for (f)2i above.

(g) The permittee shall ensure that operation pursuant to the authorized facility-specific emissions averaging program meets all applicable permit conditions and applicable requirements, including the requirements of this chapter.

N.J. Admin. Code § 7:27-22.28B

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.1999 d.242, effective 8/2/1999 (operative August 31, 1999).
See: 30 New Jersey Register 2396(a), 31 New Jersey Register 2200(a).
In (f)2ii, made internal citation change.