Current through Register Vol. 56, No. 6, March 18, 2024
(a) This section establishes procedures and standards for the establishment of alternative maximum allowable NO[x] emission rates, maximum allowable NO[x] emission concentrations, or other NO[x] regulatory parameters, and facility-specific maximum allowable NO[x] emission rates, maximum allowable NO[x] emission concentrations, or other NO[x] regulatory parameters in the following circumstances:
1. If the owner or operator of a major NO[x] facility seeks approval of a maximum allowable emission rate, maximum allowable emission concentration, or other regulatory parameter for any source operation or item of equipment of a category not listed in 7:27-19.2(b) or (c) that has the potential to emit more than 10 tons of NO[x] per year, except as provided in (p) below. Such a rate, concentration, or other limit approved by the Department pursuant to 7:27-19.13 shall be called a facility-specific NO[x] emission limit (FSEL). The owner or operator shall obtain this FSEL by submitting a proposed facility-specific NO[x] control plan pursuant to (b) below;
2. If the owner or operator of a source operation or item of equipment listed in 7:27-19.2(b) or (c) seeks approval of an alternative maximum allowable emission rate, alternative maximum allowable emission concentration, or other alternative regulatory parameter, which would apply to the equipment or source operation in lieu of the maximum allowable emission rate, maximum allowable emission concentration, or other regulatory parameter, respectively, that would otherwise apply under this subchapter. The owner or operator shall obtain this alternative rate, alternative concentration or other alternative limit by submitting a request for an alternative emission limit (AEL) pursuant to (b) below; or
3. If the owner or operator of a source operation or item of equipment was issued a facility-specific or an alternative emissions limit for that source operation or item of equipment prior to May 1, 2005, and if the owner or operator would like to continue to operate under this limit, the owner or operator shall submit a proposed facility-specific NO[x] control plan or a request for an alternative emission limit, as applicable, pursuant to (b) below.
(b) The owner or operator of a facility described in (a) above shall obtain the Department's written approval of a facility-specific NO[x] control plan or an alternative emission limit as follows:
1. Any facility-specific NO[x] control plan, including the facility-specific emission limit, approved by the Department after May 19, 2009 shall not have an expiration date, except in accordance with (b)6 and (j) below;
2. Any alternative emission limit approved by the Department after May 19, 2009 shall have a term of 10 years, unless the source operation or item of equipment with the alternative emission limit is modified, altered or reconstructed during the term of the plan. If the source operation or item is modified, altered or reconstructed, (b)6 or (k) below, as applicable shall also apply;
3. Any owner or operator in (a)1 shall submit to the Department in writing a proposed facility-specific NO[x] control plan for the facility. In the proposed facility-specific NO[x] control plan, the owner or operator shall include:
i. A list of each source operation or item of equipment at the facility that has the potential to emit more than 10 tons of NO[x] per year and is not listed in 7:27-19.2(b) or (c). In the list, the owner or operator shall briefly describe the source operation or item of equipment, and list its permit number and any other identifying numbers; and
ii. The information listed in (d) below.
4. Any owner or operator of a facility described in (a)2 above shall submit to the Department a written request for an alternative emission limit for each applicable source operation or item of equipment. In the request, the owner or operator shall include the information listed in (c) below;
5. Any owner or operator of a facility described in (a)3 above shall submit to the Department a written request for an alternative emission limit or a proposed facility-specific NO[x] control plan by August 17, 2009. The owner or operator may request a 90-day extension pursuant to 7:27-19.3(e) to submit the request or proposed plan;
i. In the proposed facility-specific NO[x] control plan, the owner or operator shall include the information listed at (b)3i and ii above. In a request for an alternative emission limit, the owner or operator shall include the information listed at (c) below;
ii. If the owner or operator submits a request or proposed plan by August 17, 2009 or by the date of any extension approved by the Department, the owner or operator's existing alternative emission limit or facility-specific emission limit, as applicable, shall terminate on the date stated in the implementation schedule of the request or proposed plan that the Department approves; and
iii. f the owner or operator does not submit a request or proposed plan or extension request by August 17, 2009, the owner or operator's existing alternative emission limit emission rate or facility-specific emission limit shall terminate on August 17, 2009;
6. If the owner or operator of a facility has an approved alternative emission limit or an approved facility-specific emission limit for a source operation or item of equipment, and intends to modify, alter or reconstruct that source operation or item of equipment, such that the alternative or facility-specific emission limit would change, the existing alternative or facility-specific emission limit shall terminate on the start-up date of the modified, altered or reconstructed source operation or item of equipment. If the owner or operator plans to continue operating under an alternative or facility-specific emission limit, the owner or operator shall, pursuant to this section, apply for and obtain approval of a new alternative emission limit or facility-specific NO[x] control plan prior to operation of the modified, altered or reconstructed source operation or item of equipment; and
7. If the owner or operator of a facility that has an approved 10-year term alternative emission limit plans to continue operating under an alternative emission limit beyond the existing limit's expiration date, the owner or operator shall submit a request for a new alternative emission limit at least one year prior to the termination date of the existing alternative emission limit. The existing alternative emission limit shall terminate on its termination date or on the date of the Department's final action on the proposed new alternative emission limit, whichever is later.
(c) The owner or operator of a source operation or item of equipment listed in 7:27-19.2(b) may request approval of an alternative emission limit in accordance with this section. In the request, the owner or operator shall include:
1. A brief description of the equipment or source operation which is the subject of the request, and its permit number and any other identifying numbers;
2. A demonstration that the source operation or item of equipment is not reasonably able to comply with this subchapter through any alternative means of compliance established under this subchapter (for example, through seasonal combustion of natural gas pursuant to 7:27-19.4(b), or through compliance with an averaging plan under 7:27-19.6 ); and
3. The information listed in (d) below.
(d) In addition to the information required under (b) or (c) above, as applicable, the owner or operator shall include the following information in a proposed facility-specific NO[x] control plan or request for an alternative emission limit:
1. For each source operation or item of equipment listed in (b)3i above or (c)1 above, as applicable, a list of all NO[x] control technologies available for use with the equipment or source operation;
2. An analysis of the technological feasibility of installing and operating each control technology identified in (d)1 above;
3. For each control technology which is technologically feasible to install and operate, an estimate of the cost of installation and operation;
4. An estimate of the remaining useful life of each source operation or item of equipment listed in (b)3i above or (c)1 above, as applicable;
5. An estimate of the reduction in NO[x] emissions attainable through the use of each control technology which is technologically feasible to install and operate;
6. For each source operation or item of equipment listed in (b)3i above or (c)1 above, as applicable, the NO[x] control technology or technologies which the owner or operator proposes to employ and an implementation schedule;
7. For each source operation or item of equipment listed in (b)3i above or (c)1 above, as applicable, a proposed NO[x] emission limit;
8. Any other information which the Department requests which is reasonably necessary to enable it to determine whether the application satisfies the requirements of (g) below; and
9. A certification signed by the owner or operator, satisfying the requirements of 7:27-1.39.
(e) Within 30 days after receiving a proposed NO[x] control plan or request for an alternative emission limit, the Department shall notify the owner or operator in writing whether the submission includes all of the information required under (d) above and under (b) or (c) above, as applicable. If the proposed NO[x] control plan or request for an alternative emission limit is incomplete, the following shall apply:
1. The Department shall include in the notice a list of the deficiencies, a statement of the additional information required to make the proposed plan or request complete, and a time by which the owner or operator must submit a complete proposed plan or request;
2. The Department may refrain from reviewing the substance of the proposed plan or request (or any part thereof) until it is complete;
3. The owner or operator shall submit a complete proposed plan or request within the time stated in the Department's notification;
4. If the owner or operator fails to submit a complete proposed plan within the time stated in the Department's notification, the failure is a violation of this subchapter; and
5. If the owner or operator fails to submit a complete request for an alternative emission limit within the time stated in the Department's notification, the Department may deny the request.
(f) The Department shall seek comments from the general public before making any final decision to approve or disapprove a proposed NO[x] control plan or request for an alternative emission limit. The Department shall publish notice of opportunity for public comment in a newspaper of general circulation in the area in which the major NO[x] facility is located.
(g) Within six months after receiving a complete proposed NO[x] control plan or request for an alternative emission limit, the Department shall approve, approve and modify, or disapprove the proposed plan or request and notify the owner or operator of the decision in writing. The Department shall approve the proposed plan or request only if it satisfies the following requirements:
1. The proposed plan or request contains all of the information required under (d) above and under (b) or (c) above, as applicable;
2. The proposed plan or request considers all control technologies available for the control of NO[x] emissions from the type of equipment or source operation in question;
3. For any control technologies described in (g)2 above which the owner or operator does not propose to use on the equipment or source operation, the proposed plan or request demonstrates that the control technology:
i. Would be ineffective in controlling NO[x] emissions from the equipment or source operation;
ii. Is unsuitable for use in the equipment or source operation, or duplicative of control technology which the plan proposes to use;
iii. Would carry costs disproportionate to the improvement in the reduction of the NO[x] emissions limit which the control technology is likely to achieve, or disproportionately large in comparison to the total reduction in NO[x] emissions which the control technology is likely to achieve over its useful life; or
iv. Would carry costs disproportionate to the costs incurred for the control of NO[x] emissions from the same type of equipment or source operations used by other persons in the owner or operator's industry;
4. The emission limit proposed for each source operation and item of equipment is the lowest limit, which can practicably be achieved at a cost within the limits described in (g)3iii and iv above;
5. The cost of achieving an additional emission reduction beyond each proposed emission limit would be disproportionate to the size and environmental impact of that additional emission reduction; and
6. Any significant net emission of any criteria pollutant (as determined pursuant to 7:27-19.17 or 19.18, as applicable) do not cause or significantly contribute to a violation of a National Ambient Air Quality Standard, an exceedance of a Federal Prevention of Significant Deterioration increment if applicable, or any violation of the Clean Air Act, 42 U.S.C. 7401 et seq. A significant net emission increase of any criteria pollutant, and the determination of when such an increase causes or significantly contributes to an exceedance of a National Ambient Air Quality Standard, shall be determined pursuant to N.J.A.C. 7:27-18.
(h) Any alternate emission limit pursuant to (c) above or NO[x] control plan pursuant to (b) above approved by the Department will be submitted to EPA for approval as a revision to the State Implementation Plan (SIP) for ozone.
(i) As a condition of an approval issued under this section, the Department may impose requirements upon the operation of any of the equipment or source operations at the subject facility listed pursuant to (b)3i or (c)1 above necessary to minimize any adverse impact upon human health, welfare and the environment.
(j) Before altering any equipment or source operation which is included in an approved facility-specific NO[x] control plan, the owner or operator shall:
1. If the alteration would change any of the information required in (b) or (d) above, apply for and obtain pursuant to the procedures set forth at (b) and at (d) through (j) above the Department's approval of an amended facility-specific NO[x] control plan, reflecting the proposed alteration. If the owner or operator does not obtain the Department's approval before commencing operation of the altered equipment or source operation, the Department may (in addition to assessing penalties under 7:27A-3.10 ) modify the facility-specific NO[x] control plan to reflect the alteration, in a manner satisfying the criteria set forth in (g) above; and
2. Apply for and obtain such permits and certificates, or changes thereto, as are required under N.J.A.C. 7:27-8 or 22, 7:1K-1.5, and any other applicable law or regulation.
(k) An approval of an alternative emission limit is void upon the alteration of equipment or source operation which is subject to the rate unless:
1. The Department approves continued application of the existing alternative emission limit if the proposed alteration does not materially affect the basis of the Department's original approval; or
2. The owner or operator, before altering any equipment or source operation which is subject to an alternative emission limit, applies for and obtains the Department's approval of:
i. A revised alternative emission limit pursuant to this section, reflecting the proposed alteration; and
ii. Such permits and certificates as are required under N.J.A.C. 7:27-8 or 22, 7:1K-1.5, and any other applicable law or regulation.
(l) The Department will revoke an approval of a NO[x] control plan by written notice to the holder of the approval if EPA denies approval of the proposed NO[x] plan as a revision to the State Implementation Plan. The Department may revoke an approval of a NO[x] control plan by written notice to the holder of the approval, if:
1. Any material condition of the approval is violated;
2. The Department determines that its decision to grant the approval was materially affected by a misstatement or omission of fact in the proposed plan or any supporting documentation;
3. The Department determines that continued use of the subject equipment or source operation pursuant to the approval poses a potential threat to the public health, welfare or the environment.
(m) A person may request an adjudicatory hearing in accordance with the procedure at 7:27-1.32, if:
1. The Department denied the person's application for approval of a plan or alternative limit under this section;
2. The person seeks to contest one or more conditions of the Department's approval imposed under (i) above; or
3. The Department has revoked the person's approval pursuant to (l)1, 2 or 3 above.
(n) The owner or operator of a facility described in (a)1 above shall implement the NO[x] control plan (including, without limitation, complying with the emission limit set forth in the plan) approved by the Department by May 31, 1995, or by March 7, 2007 for any facility, equipment or source operation that is subject to a NO[x] emissions limit under this subchapter as set forth at 7:27-19.5(d), 19.7(h), or 19.8(e), and maintain compliance with the plan and all conditions of the Department's approval thereafter. The owner or operator of a source operation or item of equipment for which the Department has approved an alternative emission limit shall cause it to emit NO[x] at a rate no greater than the approved alternative emission limit.
(o) The owner or operator submitting a proposed NO[x] control plan or request for an alternative emission limit shall send it to the Department at the following address: Department of Environmental Protection
Division of Air Quality
Air Quality Permitting Program
Bureau of Air Permits
401 East State Street
Mail Code 401-02
PO Box 420
Trenton, New Jersey 08625-0420
(p) A major NO[x] facility satisfies the requirements of this section if its only equipment or source operations with the potential to emit 10 tons or more of NO[x] per year are thermal oxidizers. The owner or operator of such a facility is not required to submit a facility-specific NO[x] control plan for the facility.
