N.J. Admin. Code § 7:27-8.23

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

Section 7:27-8.23 - Reconstruction

(a) A reconstruction is a replacement of part(s) of a significant source included in a process unit, or the replacement of part(s) of a control apparatus, if the fixed capital cost of replacing the part(s) exceeds both of the following amounts:

1. Fifty percent of the fixed capital cost that would be required to construct a comparable new process unit; or, if it is part(s) of control apparatus that is being replaced, 50 percent of the fixed capital cost that would be required to construct comparable new control apparatus; and

2. $ 80,000, in 1995 dollars, adjusted by the Consumer Price Index. The Department shall publish this threshold dollar amount each November in the same New Jersey Register notice in which it publishes the current CPI and annual emission fee as required by 7:27-22.31(j);

(b) When evaluating whether a replacement of part(s) amounts to a reconstruction, the process unit and the control apparatus are considered separately. Thus, when determining the fixed capital cost of reconstructing a new process unit, the control apparatus serving the process unit is not included.

(c) The replacement of an entire significant source operation or control apparatus is not a reconstruction, regardless of its cost. Rather, it is construction, as defined at 7:27-8.1, and must be authorized through one of the following:

1. Department issuance of a new permit or

2. If allowed under 7:27-8.21(b)6, an amendment.

(d) A reconstruction of a permitted source shall be submitted and reviewed under the procedures for a permit revision at 7:27-8.18. If a replacement of part(s) of a permitted source does not constitute a reconstruction under (a) above, it may still require notice to the Department under the seven-day-notice or amendment provisions or Departmental approval of a permit revision, if the replacement meets one or more of the other criteria requiring either notice or a permit revision under 7:27-8.18 through 8.23.

(e) If a source is not covered by a permit and certificate, and a reconstruction is planned, the owner or operator of the source shall obtain a permit and certificate for the source pursuant to 7:27-8.3(a). If a replacement of part(s) of an unpermitted source does not constitute a reconstruction under (a) above, it would still require a permit if the replacement would result in an increase in actual emissions or would otherwise meet one or more of the other criteria set forth at 7:27-8.18 through 8.23 which determine when a permit revision is required. In that case, the replacement would constitute a modification and a permit shall be obtained for the source as required at 7:27-8.3(a).

N.J. Admin. Code § 7:27-8.23

New Rule, R.1998 d.231, effective 5/4/1998 (operative June 12, 1998).
See: 29 N.J.R. 3521(a), 30 N.J.R. 1563(b).
Public Notice: Air Contaminant Emission Fee and Reconstruction Determination.
See: 30 N.J.R. 4079(a).
Public Notice: Air Contaminant Emission Fee and Reconstruction Determination.
See: 32 N.J.R. 116(a).
Public Notice: Air Contaminant Emission Fee and Reconstruction Determination.
See: 32 N.J.R. 4478(a).
Public Notice: Air Contaminant Emission Fee and Reconstruction Determination.
See: 34 N.J.R. 782(c).
Public Notice: Air Contaminant Emission Fee and Reconstruction Determination.
See: 34 N.J.R. 4474(b).
Public Notice: Consumer Price Index Percentage Adjustments to Air Contaminant Emission Fees and FY 2019 Threshold Dollar Amount for Reconstruction.
See: 50 N.J.R. 2344(a).