N.J. Admin. Code § 7:27-18.3

Current through Register Vol. 56, No. 16, August 19, 2024

Section 7:27-18.3 - Standards for issuance of permits

(a) The Department shall not authorize the construction, reconstruction, or modification of any equipment or control apparatus which is subject to this subchapter unless the owner or operator of the facility has demonstrated that the facility will be in compliance with all of the applicable requirements of this subchapter at that time of initiation of operation of the newly constructed, reconstructed, or modified equipment.

(b) Any person subject to this subchapter pursuant to 7:27-18.2(a) and 18.2(b)1, (b)2, or (c), shall:

1. Demonstrate that air contaminant emissions from the equipment proposed to be constructed, reconstructed, or modified will be controlled to the degree which represents the lowest achievable emissions rate (LAER); and

2. Certify, in accordance with 7:27-1.39, that all existing facilities in New Jersey, which are owned or operated by the person applying for the permit, or by any entity controlling, controlled by, or under common control with such person, are operating:

i. In compliance with the provisions of this chapter and with all applicable emission limitations and standards promulgated pursuant to the Federal Clean Air Act; or

ii. In conformance with an enforceable compliance schedule approved by the Department.

(c) Any person subject to this subchapter pursuant to 7:27-18.2(a) and 18.2(b)1 or 2 shall:

1. Secure emission offsets, in accordance with 7:27-18.5, for each air contaminant having a significant net emission increase at the facility; and

2. Submit to the Department an analysis of alternative sites within New Jersey, and of alternative sizes, production processes, including pollution prevention measures, and environmental control techniques, demonstrating that the benefits of the newly constructed, reconstructed, or modified equipment significantly outweigh the environmental and social costs imposed as a result of the location, construction, reconstruction or modification and operation of such equipment.

(d) Any person subject to this subchapter pursuant to 7:27-18.2(a) and 18.2(b)3 shall secure emission offsets, sufficient to eliminate the proposed significant net emission increase that has been predicted to result in a violation of the NAAQS or NJAAQS.

(e) Any applicant required to secure emission offsets pursuant to (c)1 or (d) above shall submit to the Department, as a part of the application, an emission offset demonstration that specifies:

1. The sources of the air contaminant emission reductions to be applied as emission offsets;

2. How the emission reductions shall be effected;

3. How the owner or operator of the facility generating the emissions offsets will make the permanent reduction of the emissions to be used as emission offsets Federally enforceable on or before the date that the Department will issue to the applicant the authorization required under N.J.A.C. 7:27-8 or 22;

4. How the applicant shall ensure that the permanent reduction of emissions shall be in effect on or before the initiation of operation of the newly constructed, reconstructed, or modified equipment or control apparatus; and

5. How the emission offsets to be secured will comply with 7:27-18.5.

(f) Emission offsets required pursuant to (c)1 or (d) above shall be secured and the permanent reduction of emissions represented by the emission offsets shall have occurred, prior to initiation of operation of any newly constructed, reconstructed, or modified equipment or control apparatus.

(g) A person who, prior to November 15, 1992, has submitted a complete application to the Department for a permit which is subject to this subchapter may elect, under the conditions given below, to have the provisions of this subchapter which were in effect prior to April 20, 1993, rather than the provisions of the subchapter which are in effect on or after April 20, 1993, apply to the application. The emission offset postponement provisions, set forth at 7:27-18.6, shall apply to all permits issued on or after November 15, 1992, regardless of the date on which the permit application was submitted. To elect to have the provisions which were in effect prior to April 20, 1993 apply, a person shall:

1. Have received from the Department in writing, prior to November 15, 1992, a determination that the application is complete;

2. Commence the new construction, reconstruction, or modification as proposed in the application no later than 18 months from the date the permit is issued by the Department;

3. Not discontinue the new construction, reconstruction, or modification for a period of 18 months or more; and

4. Pursue the new construction, reconstruction, or modification with due diligence and complete the new construction or alteration within a reasonable time.

(h) Notwithstanding the provisions of (c) or (d) above, no person is required to secure emission offsets for temporary emission increases that occur during and result directly from the construction, reconstruction, or modification of the newly constructed, reconstructed, or modified equipment or control apparatus.

N.J. Admin. Code § 7:27-18.3

New Rule, R.1993 d.129, effective 3/15/1993 (operative April 20, 1993).
See: 24 New Jersey Register 3459(a), 25 New Jersey Register 1231(b).
Amended by R.1996 d.511, effective 11/4/1996 (operative November 23, 1996).
See: 28 New Jersey Register 748(a), 28 New Jersey Register 4784(b).