N.J. Admin. Code § 7:27-6.5

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

Section 7:27-6.5 - Variances

(a) Whenever a person responsible for the emission of particles from a source operation believes that advances in the art of control for the kind and amount of particles emitted has not developed to a degree which would enable the requirements of section 2 of this subchapter to be attained, he may apply to the department for a variance, setting forth his reasons and justifications. The department may issue a variance from section 2(a), (b) and/or (d) of this subchapter and such variance shall be valid for a period not to exceed five years from the date of issuance and may be renewed upon application to the department, setting forth reasons and justifications for its continuation. Variances issued under the provisions of this section shall be conditional on the compliance with any requirements which the department deems to be necessary.

(b) The department may grant a variance from section 2(b) of this subchapter, if the person responsible for the operation of a glass furnace demonstrates, to the satisfaction of the department, that the process weight for the furnace continually consists of greater than 25 per cent by weight cullet. Such variance:

1. Shall not be granted unless the applicant demonstrates compliance with all other requirements of this chapter, including but not limited to compliance with subchapter 13 (Ambient air quality standards) of this chapter, as well as any other requirements the department deems necessary;

2. Shall specify conditions, including but not limited to a maximum allowable emission rate not to exceed the maximum allowable emission rate, as determined from the following table:

CULLET USAGE	MAXIMUM ALLOWABLE EMISSION RATE
(Per cent by weight)	(lbs. per hr.)
25-35%	6 + (.48 x W)
35-45%	7 + (.48 x W)
45% or more	8 + (.48 x W)
W=process weight per hour (tons per hr.)

3. Shall be valid for a period not to exceed two years from the date of issuance and may be renewed upon application to the department, setting forth reasons and justifications for such renewal.

(c) The department may grant a variance from section 2(d) of this subchapter if the person responsible for the operation of a glass furnace demonstrates, to the satisfaction of the department, that the glass furnace is capable of conforming with the provisions of sections 2(b) or 5(b) of this subchapter, but not capable of simultaneously conforming with the provisions of section 2(d) of this subchapter. Such variance:

1. Shall not be granted unless the applicant demonstrates compliance with all other requirements of this chapter, as well as any other requirements the department deems necessary;

2. Shall specify conditions, including but not limited to a requirement that the shade or appearance of the emissions from the glass furnace not exceed a per cent opacity specified by the department;

3. Shall be valid for a period not to exceed five years from the date of issuance and may be renewed upon application to the department, setting forth reasons and justifications for such renewal.

(d) Any person seeking a variance under the provisions of subsection (b) and (c) of this section shall file with the department an application on a form provided by the department and shall furnish any other information subsequently requested by the department.

(e) Any person aggrieved by the denial or the prescribed conditions by the department of a variance authorized by this section may, upon application made within 15 days after notice thereof, be entitled to a hearing before the department upon at least 15 days written notice. Within 30 days after such hearing, the department shall issue a notice amending, affirming or rescinding its previous action.

N.J. Admin. Code § 7:27-6.5