N.J. Admin. Code § 7:27-8.13

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

Section 7:27-8.13 - Conditions of approval

(a) The Department may establish conditions of approval of any preconstruction permit or certificate application.

(b) The Department may change the conditions of approval of a certificate:

1. At the time of renewal of a temporary operating certificate;

2. At the time of approval or renewal of a five-year operating certificate; or

3. At any time during the period a certificate is in effect, if the Department determines that such change is necessary to protect human health or welfare or the environment.

(c) Upon request of the Department, a permittee shall submit to the Department information relevant to the operation of equipment and control apparatus including, but not limited to:

1. A diagram of the facility indicating the location of any equipment and control apparatus, its applicable preconstruction permit and certificate number, any stack designation assigned by the Department, and any stack designation assigned by the person;

2. Records documenting any use of any equipment, control apparatus, or other source operation including, but not limited to, rate of production and hours of operation; and

3. Records documenting any construction or installation of any equipment or control apparatus, including the dates of such construction or installation.

(d) The Department may include, as a condition of approval, a compliance plan. The compliance plan shall include monitoring, recordkeeping, and reporting requirements. Such requirements may include:

1. Periodic testing of any process materials or source emissions, or measurement of the ambient concentration of any air contaminant. The testing or measurement shall be conducted in accordance with a standard testing procedure acceptable to the Department or a source-specific testing protocol approved in advance by the Department, if such a protocol is required in the conditions of approval of the preconstruction permit or certificate;

2. Installation, operation, and maintenance of instrumentation and sensing devices to measure, either at specified intervals or continuously:

i. The kind and amount of any air contaminant emitted;

ii. Operating parameters relevant to determination of potential for air contaminant emissions, such as opacity, pH, flow rate, pressure drop, and temperature at specified process points; and

iii. Ambient concentrations of air contaminants;

3. Recordkeeping including, but not limited to, information pertaining to air contaminant emissions, process operations, maintenance, raw material usage or concentrations, and operations of equipment and control apparatus. Such records shall be kept in a manner approved by the Department and be available on the operating premises for review by the Department or its representatives; and

4. Reporting to the Department such information as analysis and monitoring results, data concerning air contaminant emissions and operating parameters, and other information needed to verify that the equipment and control apparatus complies with the permit and certificate. Such information shall, pursuant to the conditions of the preconstruction permit or certificate, be reported periodically, in conformance with a schedule, or within a specified number of days of the occurrence of a violation or other event.

(e) The Department may establish, as a condition of approval of any certificate a schedule of periodic compliance inspections to which the equipment or control apparatus is subject.

(f) The Department may include, as a condition of approval of a certificate, a condition providing that the Department may, by written notice to the permittee, convert the certificate to a temporary operating certificate.

(g) If the conditions of a preconstruction permit or certificate require the Department to incur any of the following charges, the person to whom the Department has issued the preconstruction permit or certificate shall reimburse the Department for the full amount of these charges:

1. The charges billed by any telephone company for the maintenance of a dedicated telephone line required by the conditions of approval of a preconstruction permit or certificate for the electronic transmission of data; or

2. The charges billed by any laboratory for performing the analysis of audit samples collected pursuant to testing or monitoring required by the conditions of approval of a permit or certificate.

(h) Any information contained in an approved application and any condition of approval thereof, are subject to enforcement. This includes the following application information, which shall constitute maximum allowable limits, unless the Department establishes other limits in the conditions of approval:

1. Rates of emission of each air contaminant and each category of air contaminant listed;

2. Total hours of operation per time period; and

3. Any rate of production.

(i) A permittee shall, when requested by the Department, provide such testing facilities exclusive of instrumentation and sensing devices as may be necessary for the Department to determine the kind and amount of air contaminants emitted from the equipment or control apparatus. The testing facilities shall include the utilities, the structure to hold testing equipment and/or personnel, and any ports in stacks needed to carry out testing required by the permit. During testing by the Department, the equipment and control apparatus shall be operated under such conditions within their capacities as may be requested by the Department. The testing facilities may be either permanent or temporary, at the discretion of the person responsible for their provision, and shall conform to all applicable laws, regulations, and rules concerning safe construction and safe practice. Testing facilities which contain platforms and other means of personnel access shall conform to OSHA standards.

N.J. Admin. Code § 7:27-8.13

New Rule, R.1991 d.109, effective 3/4/1991 (operative March 31, 1991).
See: 22 New Jersey Register 292(a), 23 New Jersey Register 723(a).
Amended by R.1994 d.502, effective 10/3/1994 (operative October 31, 1994).
See: 25 New Jersey Register 3963(a), 25 New Jersey Register 4836(a), 26 New Jersey Register 793(a), 26 New Jersey Register 3943(b).
Recodified from N.J.A.C. 7:27-8.8 and amended by R.1998 d.231, effective 5/4/1998 (operative June 12, 1998).
See: 29 New Jersey Register 3521(a), 30 New Jersey Register 1563(b).
Rewrote the section. Former N.J.A.C. 7:27-8.13, Request for a stay of the effective date of a department decision, recodified to N.J.A.C. 7:27-1.33.
Public Notice: Air Quality Permit clarification of terminology.
See: 33 New Jersey Register 3221(a).