New Jersey Administrative Code
Title 7 - ENVIRONMENTAL PROTECTION
Chapter 27 - AIR POLLUTION CONTROL
Subchapter 22 - OPERATING PERMITS
Section 7:27-22.1 - Definitions

Current through Register Vol. 56, No. 6, March 18, 2024

The following words and terms, when used in this subchapter, have the following meanings unless the context clearly indicates otherwise.

"Accountable" means, in respect to compliance with an emissions limit, verifiable through the keeping, maintenance, and accessibility of clear, appropriately comprehensive, and reliable records.

"Actual emissions" means the rate at which an air contaminant is actually emitted, either directly or indirectly, to the outdoor atmosphere, in units of mass per calendar year, seasonal period, or other time period specified by the Department.

"Administrative amendment" means the type of change made at a facility, and incorporated into an operating permit, through the procedures for administrative amendments at 7:27-22.20.

"Administratively complete application" means an application which includes sufficient information for the Department to commence review of the application. This information shall include all of the information required by this subchapter for the type of application being submitted, submitted on or with forms obtained from the Department and in accordance with the instructions accompanying the application forms. To be complete, an application shall include all preconstruction permits issued for the facility as of the date of the operating permit application. An application which is administratively complete may require supplementary information in order for the Department to take final action on the application.

"Affected state" means, in respect to an application for an operating permit, operating permit renewal, minor modification, or significant modification, any state in the United States that:

1. Is contiguous to New Jersey; or

2. Is located within 50 miles of the facility which is the subject of the application.

"Affected Title IV facility" means a facility that includes one or more "affected units," as that term is defined in the acid deposition control provisions (commonly known as "acid rain" provisions) of Title IV of the CAA, 42 U.S.C. § 7651 et seq. This term has the same meaning as the term "affected source" as defined in 40 CFR 70.

"Affected Title IV unit" has the same meaning as the term "affected unit" in the regulations promulgated by EPA under the acid deposition control program, set forth at Title IV of the CAA.

"Air contaminant" means any substance, other than water or distillates of air, present in the atmosphere as solid particles, liquid particles, vapors or gases.

"Air quality impact analysis" means a procedure entailing the use of air quality simulation modeling, for determining whether air contaminant emissions will result in ambient air concentrations that exceed standards established for the protection of human health and welfare and the environment.

"Air quality simulation model" means a mathematical procedure, taking into account the dispersive capacity of the atmosphere, meteorological data, topography, and other relevant factors, to predict the concentration of an air contaminant in the ambient air. Such procedure may entail use of a mathematical model or a physical model.

"Allowance" means an authorization granted to an affected Title IV unit by the EPA under acid deposition control requirements at Title IV of the CAA. The authorization allows the unit to emit one ton of SO[2] during or after a specified calendar year.

"Ambient air monitoring" means the measurement of concentrations of one or more air contaminants in the outdoor atmosphere.

"Applicable Federal requirement" means any of the following standards, provisions or requirements as they apply to any source operation in a facility which is subject to this subchapter. Applicable requirements include requirements that have been promulgated or approved by EPA through rulemaking but have future-effective compliance dates:

1. Any standard or other requirement provided for in New Jersey's approved SIP (or FIP, if applicable), including any approved revisions;

2. Any term or condition of any preconstruction permits issued pursuant to regulations approved or promulgated through rulemaking under Title I of the CAA, including Parts C or D;

3. Any NSPS or other standard or requirement under 42 U.S.C. § 7411 including 42 U.S.C. § 7411(d);

4. Any standard or other requirement concerning HAPs under 42 U.S.C. § 7412, including any requirement concerning accident prevention under 42 U.S.C. § 7412(r)(7);

5. Any standard or other requirement of the acid deposition control program under Title IV of the CAA or the regulations promulgated thereunder;

6. Any requirement established pursuant to the provisions for monitoring in Title V of the CAA at 42 U.S.C. § 7661c(b) or pursuant to the monitoring requirements at 42 U.S.C. § 7414(a)(3);

7. Any standard or other requirement governing solid waste incineration under 42 U.S.C. § 7429;

8. Any standard or other requirement for consumer and commercial products under 42 U.S.C. § 7511b(e);

9. Any standard or other requirement for marine tank vessels under 42 U.S.C. § 7511b(f);

10. Any standard or other requirement of the program to prevent or control the emission of air contaminants from outer continental shelf sources under 42 U.S.C. § 7627;

11. Any standard or other requirement of the regulations promulgated to protect stratospheric ozone under Title VI of the CAA, unless EPA has determined that such a requirement need not be contained in an operating permit;

12. Any of the following, but only as it would apply to temporary facilities permitted pursuant to the provisions for temporary facilities at 42 U.S.C. § 7661c(e):

i. A NAAQS; or

ii. An increment under the PSD provisions at 42 U.S.C. § 7473; or

iii. A visibility requirement under 42 U.S.C. § 7491 or 7492.

"Applicable requirement" means any requirement which is an applicable State requirement or an applicable Federal requirement or both.

"Applicable State requirement" means any provision, standard or requirement in any statute or rule, as it applies to air contaminant emissions from a facility or source operation which is subject to this subchapter, except an applicable Federal requirement. This term includes requirements that have been promulgated by the Department and submitted to EPA as SIP revisions but have not yet been approved by EPA.

"Applicable VOC" means any VOC which has a vapor pressure or sum of partial pressures of organic substances of 0.02 pounds per square inch (1.0 millimeters of mercury) absolute or greater at standard conditions.

"Application shield" means the protection from enforcement action set forth at 7:27-22.7.

"Area source" means, in respect to MACT and GACT standards, any stationary source of hazardous air pollutant that is not a major HAP facility.

"Attainment area" means any area of the State which is not a nonattainment area.

"BACT" or "best available control technology" has the meaning set forth for this term in the PSD regulations at 40 CFR 52.21.

"Banking" means the reservation of creditable emission reductions, pursuant to N.J.A.C. 7:27-18, for future use as emission offsets.

"Brake horsepower" or "bhp" means a measure of mechanical power generated by a reciprocating engine determined by a brake attached to the shaft coupling.

"Carbon monoxide" or "CO" means a gas having a molecular composition of one carbon atom and one oxygen atom.

"CFR" means the United States Code of Federal Regulations.

"Chemical Abstract Service number" or "CAS number" means a number assigned to a chemical by the American Chemical Society's Chemical Abstract Service Registry.

"Class I substance" means an air contaminant that is listed in 42 U.S.C. § 7671a(a), or promulgated by EPA in a Federal rule, as a substance that has been found to cause or contribute significantly to harmful effects on the stratospheric ozone layer.

"Class II substance" means an air contaminant that is listed in 42 U.S.C. § 7671a(b), or promulgated by EPA in a Federal rule, as a substance that is known or may reasonably be anticipated to cause or contribute to harmful effects on the stratospheric ozone layer.

"Clean Air Act" or "CAA" or "Federal Clean Air Act" means the Federal Clean Air Act, 42 U.S.C. § 7401 et seq., and any subsequent amendments or supplements to that act.

"Commercial fuel" means solid, liquid, or gaseous fuel normally produced or manufactured, and sold for the purpose of creating useful heat.

"Commodity" means a mass-produced product that can be bought and sold, including agricultural products, produce, logs, vehicles, and clothing.

"Compliance plan" means a plan meeting the requirements of 7:27-22.9, which is developed and submitted as part of an application for an operating permit, renewal, or significant modification.

"Compliance schedule" means the portion of a compliance plan which fulfills the requirements of 7:27-22.9(c)5 ii.

"Construct" or "construction" means to fabricate or erect equipment or control apparatus at a facility where it is intended to be used, but shall not include the dismantling of existing equipment or control apparatus, site preparation, or the ordering, receiving, temporary storage, or installation of equipment or control apparatus. Unless otherwise prohibited by federal law, this term shall also not include the pouring of footings or placement of a foundation where equipment or control apparatus is intended to be used.

"Construction engine" means a mobile engine used for construction at a facility for a limited time period. Construction engine includes a mobile electric generator that is used until regular electric power lines are available to replace the function of the electric generator at the facility. Construction engine does not include:

1. An engine attached to a foundation;

2. An engine (including any replacement engines) at the same facility for more than 12 months;

3. An engine (including any replacement engines) at a seasonal source for at least 90 days per year for at least two years; or

4. An engine that is moved from one facility to another in an attempt to circumvent the residence time criteria in paragraphs 2 or 3 above.

"Construction of a major HAP facility" means, when used at 7:27-22.26, the fabrication (on site), erection, or installation of a new major HAP facility, or the fabrication (on site), erection, or installation of a new source operation at an existing facility if the new construction in and of itself constitutes a major HAP facility.

"Consumer Price Index" or "CPI" means the annual Consumer Price Index for a calendar year as determined year to year using the decimal increase in the September through August, 12-month average for the previous year of the Consumer Price Index for All Urban Consumers (CPI-U), as published by the United States Department of Labor.

"Continuous data recorder" means a mechanism which continuously records the information gathered by a CEM, CPM, COM, or other continuous measurement device.

"Continuous emissions monitor" or "CEM" means a device which continuously measures the emissions from one or more source operations.

"Continuous monitoring system" or "CMS" means a system designed to continuously measure various parameters at a facility which may affect or relate to a facility's emissions. Components of a CMS include, but are not limited to, any continuous emissions monitor (CEM), continuous opacity monitor (COM), continuous process monitor (CPM), or any other constantly operating measuring device and recording device approved by the Department to perform one or more of the functions of a CMS. Ambient monitors, which measure the impact or concentration of air contaminants emitted by the source operation or facility in nearby areas, are not considered part of a facility's CMS.

"Continuous opacity monitor" or "COM" means a device which continuously measures opacity of flue gases.

"Continuous process monitor" or "CPM" means an instrument or system which continuously measures an operational parameter at a facility, such as temperature or air flow rate.

"Control apparatus" means any device which prevents or controls the emission of any air contaminant directly or indirectly into the outdoor atmosphere.

"Co-product" means one or more incidental results of a production process that is not a primary product of the production process and that is sold in trade in the channels of commerce to the general public in the same form as it is produced, for any purpose except the purpose of energy recovery. A co-product is not considered nonproduct output. Increases in quantities of co-products do not count towards use reduction or nonproduct output reduction goals. This term shall have the same meaning as defined for the term "co-product" at 7:1K-1.5; if there is any conflict between the definition at 7:1K-1.5 and this one, the definition at N.J.A.C. 7:1K-5shall control.

"CO[2] budget source" means a facility that includes one or more CO[2] budget units.

"CO[2] budget unit" means a fossil fuel-fired unit that, at any time on or after January 1, 2005, served or serves an electricity generator with a nameplate capacity equal to or greater than 25 MWe, as defined and regulated pursuant to N.J.A.C. 7:27C.

"Criteria pollutant" means any air contaminant for which a NAAQS has been promulgated under 40 CFR 50 or for which a NJAAQS has been promulgated at N.J.A.C. 7:27-13.

"Designated Title IV representative" means a responsible natural person authorized by the owners and operators of an affected Title IV facility and of all affected units at the Title IV facility, as evidenced by a certificate of representation submitted to EPA in accordance with Subpart B of 40 CFR Part 72 , and to the Department, to represent and legally bind each owner and operator, as a matter of federal law, in all matters pertaining to the Federal Acid Rain Program. Whenever the term "responsible official" is used in this subchapter with regard to any matter under the federal Acid Rain Program, it shall be deemed to refer to the "designated Title IV representative."

"Distillates of air" means helium (He), nitrogen (N[2]), oxygen (O[2]), neon (Ne), argon (Ar), krypton (Kr), and xenon (Xe).

"DOT" means the New Jersey Department of Transportation.

"Draft general operating permit" means the version of a general operating permit which is developed by the Department and released for public input and an opportunity for a public hearing pursuant to 7:27-22.11. After receiving and considering the comments on the draft general operating permit, the Department will develop a proposed general operating permit for submittal to EPA for approval prior to issuing a final general operating permit.

"Draft operating permit" means the version of an operating permit which is developed by the Department after the Department's receipt of an administratively complete application, and released for public comment and an opportunity for a public hearing pursuant to N.J.A.C. 7:27-22.11. After receiving and considering the comments on the draft operating permit, the Department will develop a proposed operating permit for submittal to EPA for approval prior to issuing a final operating permit.

"Effective stack height" means the distance to the plume center line from the ground as determined by adding the plume rise to the physical height of the stack.

"Emergency fumigation" or "emergency fumigation operation" means the fumigation of a commodity or industrial structure that is required by a State or Federal authority, including the United States Department of Agriculture or the United States Food and Drug Administration, on an emergency basis.

"Emergency" means any situation that arises from sudden and reasonably unforeseeable events beyond the control of an owner or operator of a facility, such as an unforeseen system capacity shortage caused by an act of God, that requires immediate corrective action to prevent system collapse or to restore normal operations at the facility.

"Emergency management activity" means an activity necessary to build, sustain, and improve the capability to mitigate against, prepare for, respond to, and recover from threatened or actual natural disasters, acts of terrorism, or other man-made disasters.

"Emission fee" means an annual fee that is based on the emissions of any regulated air contaminant.

"Emission statement" means an annual reporting of actual emissions of air contaminants as prescribed by the Department at N.J.A.C. 7:27-21.

"Emissions" means any air contaminant or category of air contaminants discharged directly or indirectly into the atmosphere.

"Emissions cap" means an emissions limit, or limits, established in a permit for a group of source operations, which establishes the maximum quantity of emissions which may be released, in the aggregate, from a specified group of source operations.

"Energy and Environmental Technology Verification Act" or "EETV Act" means N.J.S.A. 13:1P-134 et seq., that authorizes the Department to develop and implement an innovative energy and environmental technology verification and certification process.

"Enforceable" means, in respect to an emissions limit, based on sufficient statutory and regulatory authority to be recognized in a court of law.

"Environmental improvement pilot test" means a sampling and analytical program using prototype equipment or processes on a temporary basis for the purpose of collecting data necessary for the design of a full scale process to achieve an environmental improvement, or for the purpose of determining the feasibility of using the equipment or process for a particular environmental improvement.

"Equipment" means any device capable of causing the emission of an air contaminant either directly or indirectly to the outdoor atmosphere, and any stack or chimney, conduit, flue, duct, vent or similar device connected or attached to, or serving the equipment. This term includes, but is not limited to, a device in which the preponderance of the air contaminants emitted is caused by a manufacturing process.

"Exempt activity" means one of the following:

1. Source operations that have no potential for emitting any air contaminant, including, but not limited to:

i. Stationary storage tanks that are used for the storage of water or distillates of air; and

ii. Enclosed stationary material handling equipment using pneumatic, bucket or belt conveying systems from which no emissions of air contaminants occur;

2. Any of the following activities, if the activity supports one or more production processes of the facility, and does not itself constitute a facility production process or a part thereof:

i. Office activities and the equipment and implements used therein, such as typewriters, printers, and pens;

ii. Interior maintenance activities and the equipment and supplies used therein, such as janitorial cleaning products and air fresheners; this does not include any cleaning of production equipment;

iii. Bathroom and locker room ventilation and maintenance;

iv.

(Reserved);

v. The activities of maintenance shops, such as welding, gluing, and soldering, performed indoors or outdoors;

vi. First aid or emergency medical care provided at the facility, including related activities such as sterilization and medicine preparation;

vii. Laundry operations that service uniforms or other clothing used at the facility, not including:

(1) Any dry cleaning process; and

(2) Any dryer that is fuel burning equipment having a maximum rated heat input of 1,000,000 BTU per hour or greater;

viii. Architectural maintenance activities conducted to take care of the buildings and structures at the facility, including repainting, reroofing, and sandblasting;

ix. Exterior maintenance activities conducted to take care of the grounds of the facility, including lawn maintenance;

x. Food preparation to service facility cafeterias and dining rooms;

xi. The use of portable space heaters that reasonably can be carried and relocated by an employee; and

xii. Any laboratory hood used for research and development, quality assurance and quality control testing and sampling activities;

3. The engine of any vehicle, including but not limited to any marine vessel, aircraft, any vehicle running upon rails or tracks, any motor vehicle, any forklift, any tractor, or any mobile construction equipment;

4. Storage tanks, reservoirs, containers, or bins used on any farm for the storage of agricultural commodities produced by or consumed in the farm's own operations. This does not include storage tanks, reservoirs, containers or bins used by distributors of agricultural commodities or by research facilities which develop products for use in agricultural production;

5. Potable water treatment equipment, not including air stripping equipment;

6. A storage tank maintained under a pressure greater than one atmosphere provided that any vent serving such storage tank has the sole function of relieving pressure under emergency conditions;

7. Equipment used in copying and duplication activities, including any microfiche copier, photocopier, xerography machine, or other photographic processing equipment by which an image is reproduced upon material sensitized by radiant energy;

8. A fuel cell system of:

i. Any generating capacity size fueled by hydrogen without a fuel processor;

ii. Less than 5,000 kilowatts generating capacity fueled by methane; or

iii. Less than 500 kilowatts generating capacity fueled by fuels other than hydrogen or methane;

9. Hand held equipment for buffing, polishing, cutting, drilling, sawing, grinding, turning, or machining wood, metal or plastic. For the purposes of this paragraph, "hand held" means "can reasonably be carried and used by one person for the purpose for which the equipment was designed";

10. Equipment at a battery charging station, except at a battery manufacturing plant;

11. Electric, plasma, or gaseous-fuel cutting equipment used to cut metal or metal products, provided the metal or metal product does not contain stainless steel, alloys of lead, alloys of arsenic, or alloys of beryllium;

12. Equipment that blends or mixes potting soil (including, but not limited to, soil, compost, artificial media or soil-less media, and/or peat moss) that is used on site in a commercial or noncommercial greenhouse or nursery operation for plant propagation and that is not for commercial sale;

13. Equipment or a source operation being used in a site remediation process that is being carried out under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) 42 U.S.C. §§ 9601 et seq.;

14. Equipment or a source operation, that satisfies subparagraphs 14i, ii, and iii below:

i. The equipment or source operation is one of the following:

(1) A mixer, cutter, molder, conveyor, blender, filler, or cooking kettle that processes material intended as food for direct human consumption, provided that the temperature of the food does not exceed 225 degrees Fahrenheit;

(2) Equipment that sands, drills, buffs, polishes, mills, carves, presses, or planes metal or metal products, except metal products containing stainless steel, alloys of lead, alloys of arsenic, or alloys of beryllium;

(3) Equipment that sands, drills, cuts, or planes untreated and unpainted wood or wood products; or

(4) Equipment that cuts, trims, perforates, folds, or molds paper or paper products;

ii. The following criteria are met:

(1) The source has no visible emissions, exclusive of water vapor, to the outdoor atmosphere;

(2) The source does not emit any air contaminant that may cause an odor detectable outside the property boundaries of the facility;

(3) The source is located in an enclosed work area equipped with heating and ventilation; emissions from the source are vented directly into the work area where the equipment is located and are free from the influence of any local exhaust ventilation system; and the work area meets an OSHA indoor air quality standard for occupancy even though the emissions are being released into the work area;

(4) The source is not subject to any NSPS, NESHAPS, or MACT air pollution control standard;

(5) The source's potential to emit each TXS, each NJHAP, and each HAP does not exceed the reporting thresholds at N.J.A.C. 7:27-17.9, Tables 3A and 3B; and

(6) The percentage by weight of all HAPs collectively in the raw material is less than 1.0 percent; and

iii. The owner or operator of the source has readily available upon Department request a statement certified in accordance with N.J.A.C. 7:27-1.39, signed by the responsible official, as defined at N.J.A.C. 7:27-1.4 that:

(1) Specifies the contents of the vessel, if the source is a mixing or blending vessel;

(2) Affirms that the source meets all the criteria listed in 14ii above; and

(3) Attests that the source is in compliance with all other applicable State or Federal air pollution requirements;

15. Equipment used to conduct construction, repair, or maintenance (CRM) activities, provided that equipment is portable and is located on site no longer than one year;

16. Equipment used to temporarily replace commercial fuel burning equipment that has a maximum rated heat input of 1,000,000 BTU per hour or greater to the burning chamber and/or stationary reciprocating engines with a maximum rated power output of 37 kW or greater, used for generating electricity that are shut down as part of CRM activities, provided the replacement source operation:

i. Is portable;

ii. Is located on site no longer than 90 days;

iii. Does not emit any air contaminant in excess of the state-of-the-art (SOTA) thresholds at N.J.A.C. 7:27-17.9, Tables 3A and 3B and 22.35;

iv. Is not moved from one location to another in an attempt to circumvent the requirement to be located on site no longer than 90 days;

v. Prior to operating, is listed in an electronic notification to the Regional Air Enforcement Office, where that notification:

(1) Describes the CRM activity, including the expected duration and start date;

(2) Lists the temporary replacement source operation;

(3) Lists the shutdown permitted significant source operation being replaced;

(4) States the replacement equipment will not emit any air contaminant in excess of the SOTA thresholds at N.J.A.C. 7:27-17.9, Tables 3A and 3B and 22.35;

(5) Attests that the replacement equipment will remain in compliance with all other applicable State or Federal air pollution requirements;

(6) Affirms the replacement source will not exceed the 90-day residency limit and will not be moved from one location to another in an attempt to circumvent the residency requirement; and

(7) Provides a statement, certified in accordance with N.J.A.C. 7:27-1.39, and signed by the responsible official, as defined at N.J.A.C. 7:27-1.4, that affirms that the replacement equipment meets all of the criteria listed in sub-subparagraphs 16v(1) through (6) above; and

vi. The Regional Air Enforcement Office is notified within 30 days after ceasing operation of temporary replacement equipment or source operations, through the submittal of an electronic notification that:

(1) Describes the replacement equipment that was operated as part of the CRM activity, including total duration and the completion date of the CRM activity;

(2) Lists the total emissions for each piece of replacement equipment operated;

(3) Attests that the replacement equipment remained in compliance with all other applicable State or Federal air pollution requirements;

(4) Affirms the source did not exceed the 90-day residency limit and was not moved from one location to another in an attempt to circumvent the residency requirement; and

(5) Provides a statement, certified in accordance with N.J.A.C. 7:27-1.39, and signed by the responsible official, as defined at N.J.A.C. 7:27-1.4, that affirms that the equipment meets all of the criteria listed in sub-subparagraphs 16vi(1) through (4) above.

17. Portable equipment that is being used for an emergency management activity, provided that the equipment is not used for incineration or open burning and is not located on site for more than 90 consecutive days from the start of operation;

18. Equipment available for rent at a rental facility, and operated at the rental facility only for testing, maintenance, or demonstration purposes;

19. Portable hard drive and paper shredders;

20. Equipment used in the excavation and transfer of soil or sediment directly from the soil or sediment pile or excavation hole into a transport vehicle for removal from the site, without intermediate staging; and

21. Equipment used in the baling and conveying of glass, plastic, cans, cardboard, and paper.

"Existing facility" means a facility which is in operation as of the applicable date of the provision for which this term is being used.

"Facility" means the combination of all structures, buildings, equipment, control apparatus, storage tanks, source operations, and other operations that are located on a single site or on contiguous or adjacent sites and that are under common control of the same person or persons. Research and development facilities that are located with other facilities shall be considered separate and independent entities for the purposes of complying with the operating permit requirements of 26:2C-1 et seq., or any codes, rules, or regulations adopted pursuant thereto.

"Facility-wide permit" means a single permit issued by the Department to the owner or operator of a priority industrial facility incorporating the permits, certificates, registrations, or any other relevant Department approvals previously issued to the owner or operator of the priority industrial facility pursuant to the Solid Waste Management Act, 13:1E-1 et seq., the Water Pollution Control Act, 58:10A-1 et seq., the Air Pollution Control Act, 26:2C-1 et seq., and the appropriate provisions of the Pollution Prevention Plan prepared by the owner or operator of the priority industrial facility pursuant to 13:1D-41 and 42. This term shall have the same meaning as defined for the term "facility-wide permit" at N.J.A.C. 7:1K-1.5; if there is any conflict between the definition at 7:1K-1.5 and this one, the definition at 7:1K-1.5 shall control.

"Federally enforceable" means any limitation or condition on operation, production, or emissions that can be enforced by EPA. These limitations and conditions that can be enforced by EPA include, but are not limited to, those established pursuant to:

1. Any standard of performance for new stationary sources (NSPS) promulgated at 40 CFR Part 60 , or promulgated under 42 U.S.C. § 7411;

2. Any national emission standard for hazardous air pollutants (NESHAP) promulgated at 40 CFR Part 61, 40 CFR Part 63, or promulgated under 42 U.S.C. § 7412;

3. Any standard or other requirement provided for in a SIP that has been approved by EPA, or promulgated through rulemaking by EPA; or

4. Any permit or order issued pursuant to requirements established at 40 CFR 51, Subpart I (including any preconstruction permit and certificate issued pursuant to N.J.A.C. 7:27-8 or any operating permit issued pursuant to N.J.A.C. 7:27-22); 40 CFR 52.21; 40 CFR Part 70; 40 CFR Part 71; or 40 CFR Part 72.

"Federal Implementation Plan (FIP)" means a plan, or portion thereof, promulgated by EPA pursuant to the CAA to address or otherwise correct all or a portion of an inadequacy in a SIP.

"Final general operating permit" means the version of the general operating permit issued by the Department after completion of the procedures required by this subchapter for a draft general operating permit and a proposed general operating permit.

"Final operating permit" means the version of an operating permit issued by the Department after completion of the procedures required by this subchapter for a draft operating permit and a proposed operating permit.

"Fiscal year" or "FY" means the period from July 1 through June 30. Each fiscal year is designated according to the calendar year in which the end of the period falls. For example, the period from July 1, 1998 through June 30, 1999 is fiscal year 1999, or FY99.

"Former DER credit user" means one who used Discrete Emission Reduction (DER) credits in the three years immediately preceding August 4, 2003 in compliance with the Open Market Emissions Trading Program rules then promulgated at N.J.A.C. 7:27-30 to satisfy the requirements of N.J.A.C. 7:27-16 or 19.

"Fuel cell system" means an electrochemical device that converts the chemical energy in its fuel directly into electricity and heat. This term also includes any associated fuel processor, such as a reformer, that produces the fuel.

"Fugitive emissions" means any air contaminant emissions released directly or indirectly into the outdoor atmosphere which can not reasonably pass through a stack or chimney.

"Fumigant" means a pesticide registered with the EPA under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) that is a vapor or gas, or forms a vapor or gas upon application, and whose pesticidal action is through the vapor or gaseous state.

"Fumigation" or "fumigation operation" means the use of a fumigant in a sealed, enclosed space to prevent, control, or eliminate pests in stored or in-transit commodities by treating the commodity or commodity storage or transport space.

"GACT standard" or "Generally Available Control Technology standard" means a National Emission Standard for a Hazardous Air Pollutant (NESHAP) establishing an emission limitation for a specific category or subcategory of area sources that emit hazardous air pollutants (HAPs), which NESHAP has been promulgated by EPA pursuant to 42 U.S.C. § 7412.

"General operating permit" means a standardized operating permit, which may be used to provide authorization to operate numerous similar source operations, groups of source operations, or facilities, each of which meets the applicability criteria set forth in the general operating permit, and is issued pursuant to the procedures in 7:27-22.14.

"Grandfathered" means, in reference to equipment or control apparatus, that construction, reconstruction, or modification occurred prior to the enactment of 26:2C-9.2 on June 15, 1967, the initial promulgation of the rules codified at N.J.A.C. 7:27-8, or any subsequent applicable revisions to the rules; and there has been no construction, reconstruction or modification of the equipment or control apparatus.

"Hazardous air pollutant" or "HAP" means an air contaminant listed in or pursuant to 42 U.S.C. § 7412(b).

"Industrial structure" means an enclosed space, including a warehouse, container, bin, silo, trailer, storage facility, commodity pallet, any type of fumigation chamber, such as under a tarpaulin, or manufacturing or processing equipment, in which fumigation occurs as a significant source operation. "Industrial structure" does not include a private residence or commercial office or commercial building in which fumigation occurs.

"Initial operating permit" means the first operating permit issued pursuant to this subchapter which applies to a particular facility, or a portion thereof.

"Insignificant source operation" means equipment or a source operation that is one of the following:

1. Equipment or a source operation that is the same type as is included within a category described in paragraphs 1, 3, 4, 5, 7, 8, 9, 11, 14, or 16 through 21 in the definition of "significant source operation," but which is excluded from the category because it does not meet an applicability threshold set forth in the description of the category. That is, the equipment or source operation has a lower capacity, weight of materials processed, vapor pressure, or consumption of BTUs, or otherwise falls outside a parameter that is included in the description of the category;

2. A stationary storage tank or mixing or blending vessel, provided that subparagraphs 2i, ii, and iii below are satisfied:

i. The tank or vessel is one of the following:

ii. The following criteria are met:

(1) A tank used solely to store a food-grade liquid, which in its stored form is intended as food for direct human consumption. For the purposes of this subparagraph, food-grade liquids do not include liquids stored in a concentrated form; vitamins and drugs; or food additives, preservatives, or other ingredients that in their stored or manufactured form are not intended for direct human consumption;

(2) A tank used to store liquids, provided that:

(A) The operating temperature of the tank is not greater than 350 degrees Fahrenheit; and

(B) The vapor pressure of the liquid, excluding the vapor pressure of water, is less than 0.02 pounds per square inch absolute at the liquid's actual temperature or at 70 degrees Fahrenheit, whichever temperature is higher; or

(3) Any of the following vessels used to mix and blend liquids, if the vessel would otherwise be classified as a significant source solely because it meets the criteria in paragraph 6 of the definition of "significant source":

(A) A vessel with a capacity of 1,000 gallons or greater in which the mixing or blending of liquids takes place in a non-reactive process, provided that:

I. The operating temperature of the vessel is not greater than 350 degrees Fahrenheit; and

II. The vapor pressure of the liquid, excluding the vapor pressure of water, is less than 0.02 pounds per square inch absolute at the liquid's actual temperature or at 70 degrees Fahrenheit, whichever temperature is higher;

(B) A vessel with a capacity of less than 1,000 gallons in which the mixing or blending of liquids takes place in a non-reactive process, provided that the vapor pressure of the liquid, excluding the vapor pressure of water, is less than 1.5 pounds per square inch; or

(C) A vessel with a capacity of less than 1,000 gallons in which the mixing or blending of either solids and liquids or solids only takes place in a non-reactive process, provided that:

I. The vapor pressure of any liquid, excluding the vapor pressure of water, is less than 1.5 pounds per square inch; and

II. The vessel is equipped with a control apparatus designed to remove particulate emissions at a minimum efficiency of 99 percent or is located inside a room that is equipped with a control apparatus designed to remove particulate emissions at a minimum efficiency of 99 percent;

ii. The following criteria are met:

(1) The tank or vessel has no visible emissions, exclusive of water vapor, to the outdoor atmosphere;

(2) The tank or vessel does not emit any air contaminant which may cause an odor detectable outside the property boundaries of the facility;

(3) The tank or vessel is not subject to any NESHAPS, MACT, or NSPS air pollution control standards, excluding the NSPS requirements to maintain a record of the contents of the tank or vessel, the period of storage of these contents, and the maximum true vapor pressure of the liquid stored;

(4) The tank's or vessel's potential to emit each TXS, each NJHAP, and each HAP does not exceed the reporting thresholds at N.J.A.C. 7:27-17.9, Tables 3A and 3B; and

(5) The percentage by weight of all HAPs collectively in the raw material stored in the tank, or mixed or blended in the vessel, is less than 1.0 percent; and

iii. The owner or operator of the tank or vessel has readily available upon Department request a statement certified in accordance with N.J.A.C. 7:27-1.39, signed by the responsible official, as defined at N.J.A.C. 7:27-1.4, that:

(1) Specifies the contents of the tank or vessel;

(2) Affirms that the tank or vessel meets all of the criteria listed in 1 and 2 above; and

(3) Attests that the tank or vessel is in compliance with all other applicable State or Federal air pollution requirements;

3. Any equipment or a source operation which may emit air contaminant(s) directly or indirectly into the outdoor air and which is not defined either as a significant source operation or an exempt activity; or

4. Equipment or a source operation that would be classified as a significant source solely because it meets the criteria in paragraph 11 in the definition of "significant source," is not a significant source provided that it meets the criteria at subparagraph 4i through iv below:

i. The equipment or source operation is one of the following:

(1) A microturbine with less than 500 kilowatts generating capacity that is fueled by natural gas and that has been verified according to the requirements in subparagraph 4ii below to emit less than:

(A) 0.40 pounds of NO[x] per megawatt hour; and

(B) 0.25 pounds of CO per megawatt hour; or

(2) Any piece of electric generating equipment, other than a fuel cell system or a microturbine, with less than 500 kilowatts generating capacity and that has been verified according to the requirements in subparagraph 4 ii below to emit less than:

(A) 0.40 pounds of NO[x] per megawatt hour;

(B) 0.25 pounds of CO per megawatt hour;

(C) 0.10 pounds of PM per megawatt hour; and

(D) 0.01 pounds of SO2, per megawatt hour

ii. A facility with a source identified in subparagraph 4i above shall verify its emissions and demonstrate conformance with emission levels in subparagraph 4i above using one of the options listed in subparagraph 4ii(1) or (2) below. If verification process is not available pursuant to subparagraph 4ii(1) below, or manufacturer testing has not been conducted in accordance with subparagraph 4ii(2) below or has been conducted in accordance with subparagraph 4ii(2) below but has been determined to be not acceptable under subparagraph 4ii(4) below, then the facility shall demonstrate conformance using subparagraph 4ii(3) below:

(1) An applicable verification process approved by the Department pursuant to the EETV Act, or through TARP, available from the Department's Bureau of Sustainable Communities and Innovative Technologies at (609) 292-9692 or http://www.state.nj.us/dep/dsr/bscit.htm;

(2) The manufacturer's test protocol, provided the facility maintains on-site for inspection by the Department a copy of the protocol, test data and the test report, and available for Department review or request, and producing documents from the equipment manufacturer that the manufacturer has:

(A) Performed representative source emission testing on a model of equipment;

(B) Had the source emission testing and the test report reviewed and certified by a licensed professional engineer;

(C) Conducted a minimum of three consecutive one-hour test runs, in which the average of the test runs shall not have exceeded the emission limits stated at subparagraphs 4i (A) and (B) above; and

(D) Converted each test run to pounds per megawatt hour before averaging; or

(3) Stack emission testing provided the facility has:

(A) Developed and used, a stack emission testing protocol using the protocol templates in Technical Manual 1004, available at the Department's website http://www.state.nj.us/dep/bts.html;

(B) Conducted a minimum of three consecutive one-hour test runs, in which the average of the test runs shall not exceed the emission limits stated at 4i(A) and (B) above; and

(C) Converted the results of each test run to pounds per megawatt hour before averaging.

(4) The Department may determine that the manufacturer's testing of a model of the equipment, under subparagraph 4ii(2) above, is not acceptable. The Department's basis for rejecting the manufacturer testing may include, but need not be limited to inappropriate test methods, invalid test data, or test data that indicate emissions above the specified limits;

iii. The owner or operator of the source shall have available on site a statement, certified in accordance with N.J.A.C. 7:27-1.39, by the responsible official, that the source meets all the criteria in subparagraph 4i and ii above. This certification shall be provided to the Department upon request; and

iv. If the Department has reason to believe, as a result of an inspection or otherwise, that equipment or a source operation is emitting NO[x] above the specified limits, the Department, at its discretion, may require the owner or operator of a source to submit the certified test report and/or supporting test data to the Department. The Department, at its discretion, may also require the owner or operator of a source to perform source emission testing in accordance with 7:27-22.18(e).

"Install" or "installation" means to carry out final setup activities necessary to provide the equipment or control apparatus with the capacity for use or service. This term includes, but is not limited to, the connection of the equipment and control apparatus, associated utilities, piping, duct work or conveyor systems. This term does not include the construction or reconfiguration of equipment or control apparatus to an alternate configuration specified in the permit application and approved by the Department.

"Intermediate product" means one or more desired results of a production process that is made into a product in a subsequent production process at the same industrial facility, without the need for pollution treatment prior to its being made into a product. An intermediate product is not considered nonproduct output. Increases in quantities of intermediate products do not count towards use reduction or nonproduct output reduction goals. This term shall have the same meaning as defined for the term "intermediate product" at N.J.A.C. 7:1K-1.5; if there is any conflict between the definition at 7:1K-1.5 and this one, the definition at 7:1K-1.5 shall control.

"Lead" or "Pb" means elemental lead or any compound containing lead measured as elemental lead.

"Lowest achievable emission rate" or "LAER" has the meaning assigned to this term at 7:27-18.1.

"MACT standard" or "Maximum Achievable Control Technology standard" means a National Emission Standard for a Hazardous Air Pollutant (NESHAP) establishing an emission limitation for a specific category or subcategory of facilities which emit one or more hazardous air pollutants (HAPs), which NESHAP is:

1. Promulgated by EPA pursuant to 42 U.S.C. § 7412; or

2. Determined by the Department on a case-by-case basis pursuant to 42 U.S.C. § 7412(g) or (j).

"Major facility" means a facility that constitutes a major source, as defined by EPA at 40 CFR 70.2 or any subsequent amendments thereto, and that has the potential to emit any of the air contaminants listed below in an amount that is equal to or exceeds the applicable major facility threshold level. The major facility threshold levels are as follows:

"Major Hazardous Air Pollutant (HAP) facility" means a major facility, or part thereof, which emits or has the potential to emit:

1. Ten tons or more per year of any HAP;

2. Twenty five tons or more per year of any combination of HAPs; or

3. Such lesser quantity, or different criterion, as the EPA may establish by rule.

"Manufacturing process" means any action, operation, or treatment embracing chemical, industrial, manufacturing, or processing factors, methods or forms including, but not limited to, furnaces, kettles, ovens, converters, cupolas, kilns, crucibles, stills, dryers, roasters, crushers, grinders, mixers, reactors, regenerators, separators, filters, reboilers, columns, classifiers, screens, quenchers, cookers, digesters, towers, washers, scrubbers, mills, condensers, and absorbers.

"Maximum allowable emissions" means, for the purpose of this subchapter, the maximum amount of an air contaminant allowed to be emitted, as specified in the final operating permit issued by the Department.

"Microturbine" means a combustion turbine with output of 25 kW to 500 kW.

"Minor modification" means a change made at a permitted facility in accordance with 7:27-22.23.

"Modification of a major HAP facility" means, when used at N.J.A.C. 7:27-22.26, any physical change in, or change in the method of operation of, a major HAP facility, which:

1. Increases the facility's actual emissions of any HAP by more than an amount established by EPA as de minimis for that HAP at 40 CFR 63; or

2. Results in the emission of any HAP not previously emitted, in more than the amount established by EPA as de minimis for that HAP at 40 CFR 63.

"Modify" or "modification" means any physical change in, or change in the method of operation of, existing equipment or control apparatus that increases the amount of actual emissions of any air contaminant emitted by that equipment or control apparatus or that results in the emission of any air contaminant not previously emitted. This term shall not include normal repair and maintenance. A modification may be incorporated into an operating permit through a significant modification, a minor modification, or a seven-day-notice change.

"Monitoring" means to evaluate a facility's processes, operations, emissions or other aspects over a period of time. Monitoring can be accomplished using CEMs, COMs, CMS, CPMs, or other measurement or evaluation mechanisms.

"NAICS code" means the North American Industrial Classification System code, assigned by the United States Office of Management and Budget, which classifies establishments according to the type of economic activity in which they are engaged. An NAICS manual is available from the National Technical Information Service, 5285 Port Royal Road, Springfield, VA 22161.

"National ambient air quality standard" or "NAAQS" means an ambient air quality standard promulgated at 40 CFR 50.

"NESHAP" means a National Emission Standard for a Hazardous Air Pollutant as promulgated under 40 CFR Part 61 or 40 CFR Part 63.

"New facility" means a facility which has not commenced operation as of the applicable date of the provision for which this term is being used.

"New Jersey ambient air quality standard" or "NJAAQS" means an ambient air quality standard promulgated at N.J.A.C. 7:27-13.

"New Jersey Hazardous Air Pollutant" or "NJHAP" means a substance listed at N.J.A.C. 7:27-17.3, Table 2.

"NO[x]" or "oxides of nitrogen" means all oxides of nitrogen, except nitrous oxide, as measured by test methods approved by the Department and EPA, such as the test methods set forth at 40 CFR 60, Appendix A, Methods 7 through 7E.

"Nonattainment area" means any area of the State:

1. Identified by the Department as one in which the ambient air concentration of a criteria pollutant exceeds a NAAQS or NJAAQS; or

2. Designated by the EPA at 40 CFR 81.331 as an area in which the ambient air concentration of a criteria pollutant exceeds the applicable NAAQS.

"Nonproduct output" or "NPO" means all hazardous substances or hazardous wastes that are generated prior to storage, out-of-process recycling, treatment, control or disposal, and that are not intended for use as a product. Nonproduct output includes fugitive releases. This term shall have the same meaning as defined for the term "nonproduct output" at N.J.A.C. 7:1K-1.5; if there is any conflict between the definition at 7:1K-1.5 and this one, the definition at 7:1K-1.5 shall control.

"NSPS" means Standards of Performance for new stationary sources as promulgated under 40 CFR 60, commonly referred to as New Source Performance Standards.

"On-specification used oil" is as defined at 7:27-20.1.

"Open top surface cleaner" means a surface cleaner, including, but not limited to, a surface cleaner equipped with a cover, in which there is at any time, an opening to the atmosphere greater than 25 percent of the surface area of the VOC solvent contained therein or greater than 25 percent of the surface area of a sink-like work area where the surface cleaning occurs.

"Operating certificate" or "certificate" means a "Certificate to Operate Control Apparatus or Equipment" issued by the Department pursuant to 26:2C-1 et seq., and in particular N.J.S.A. 26:2C-9.2, and implementing rules at N.J.A.C. 7:27-8. An operating certificate is generally issued for new or altered equipment at non major facilities for which operating permits are not required and for new or altered equipment at major facilities which are not yet required to have a final operating permit.

"Operating permit" means the consolidated preconstruction and operating permit issued pursuant to Title V of the Federal Clean Air Act, 42 U.S.C. §§ 7661 et seq., this subchapter, Title I of the Federal Clean Air Act, 42 U.S.C. §§ 7401 et seq., and N.J.A.C. 7:27-8. This term includes a general operating permit that is applicable facility-wide, but does not include a general operating permit that applies only to a part of a facility. Where a general operating permit applies only to a part of a facility, the general operating permit shall be incorporated into the operating permit. This term also includes an operating permit issued for a temporary facility; for a facility subject to a MACT or GACT standard pursuant to N.J.A.C. 7:27-22.26; or for a component of a facility pursuant to N.J.A.C. 7:27-22.5(j).

"Operating scenario" means a plan for operating a facility or a portion thereof in a way, or according to a method, or using methods or processes, which are different from other methods or processes used at the facility, or portion thereof. An operating scenario may be incorporated into a permit through issuance of an initial operating permit, minor modification, significant modification, or authorized through a seven-day-notice.

"Order" means any and all orders issued by the Department including, but not limited to, administrative orders and administrative consent orders.

"Oxides of nitrogen" or "NO[x]" means all oxides of nitrogen, except nitrous oxide, as measured by test methods approved by the Department and EPA, such as the test methods set forth at 40 CFR 60, Appendix A, Methods 7 through 7E.

"Permittee" means, for the purpose of this subchapter, any person to whom the Department has issued an operating permit.

"Person" means an individual, public or private corporation, company, partnership, firm, association, society, joint stock company, international entity, institution, county, municipality, state, interstate body, the United States of America, or any agency, board, commission, employee, agent, officer, or political subdivision of a state, an interstate body, or the United States of America.

"Phase I" means a time period designated pursuant to the Title IV acid deposition control program as commencing January 1, 1995, and ending December 31, 1999.

"Phase II" means a time period designated pursuant to the Title IV acid deposition control program as commencing January 1, 2000, and continuing indefinitely.

"PM[10]" means a class of air contaminants that includes all particulate matter having an aerodynamic diameter less than or equal to a nominal 10 microns.

"PM[2.5]" means a class of air contaminants that includes all particulate matter having an aerodynamic diameter less than or equal to a nominal 2.5 microns.

"Pollution Prevention Assessment" means an assessment of potential pollution prevention opportunities for the use, generation and release of non-hazardous substances, prepared by an owner or operator of a priority industrial facility that is covered by an effective facility-wide permit issued by the Department, containing the same elements as those required for hazardous substances by 7:1K-4.3 and 4.5. This term shall have the same meaning as defined for the term "Pollution Prevention Assessment" at N.J.A.C. 7:1K-1.5; if there is any conflict between the definition at 7:1K-1.5 and this one, the definition at 7:1K-1.5 shall control.

"Pollution Prevention Plan" means a plan required to be prepared by an industrial facility pursuant to 13:1D-41 and 42, N.J.A.C. 7:1K-3 and N.J.A.C. 7:1K-4. This term shall have the same meaning as defined for the term "Pollution Prevention Plan" at N.J.A.C. 7:1K-1.5.

"Portable" means not attached to a permanent foundation, and designed and capable of being carried or moved from one location to another by means of wheels, skids, carrying handles, dolly, trailer, platform, or similar device.

"Potential to emit" means the same as that term is defined by the EPA at 40 CFR 70.2 or any subsequent amendments thereto. In general, the potential to emit is the maximum aggregate capacity of a source operation or of a facility to emit an air contaminant under its physical and operational design. Any physical or operational limitation on the capacity of a source operation or a facility to emit an air contaminant, including any limitation on fugitive emissions as a result of any applicable requirement, control apparatus, and restrictions on hours of operation or on the type or amount of material combusted, stored, or processed, shall be treated as part of its design, if the limitation is Federally enforceable. Unless otherwise indicated, fugitive emissions shall be included in the determination of potential to emit. However, the determination shall not include the holding by the owner or operator of emission reductions that are banked pursuant to N.J.A.C. 7:27-18.8.

"Preconstruction permit" means a "Permit to Construct, Install, or Alter Control Apparatus or Equipment" issued by the Department pursuant to 26:2C-1 et seq., in particular N.J.S.A. 26:2C-9.2, and implementing rules at N.J.A.C. 7:27-8.

"Prevention of significant deterioration" or "PSD" means the requirements pursuant to 40 CFR 51.166, administered through the Department's permitting process, which apply to a new or modified major facility located in an attainment area. The Department accepted delegation of the administration of the PSD program from EPA on February 22, 1983.

"Probe" means an air contaminant sampling method used to determine compliance with one or more emission allowables. For the purpose of assessing supplementary fees at 7:27-22.31 (z), any of the following shall be considered a single probe:

1. Multiple methods using real-time instrument analyzers, except for analyzers used in determining specific gaseous organic compounds;

2. Any multiple-sample method used for a single air contaminant;

3. Inlet and outlet sampling of a control apparatus for the same air contaminant; or

4. Any single-sample method used to determine multiple air contaminants within an air contaminant class (for example, metals).

"Process unit" means equipment assembled to produce intermediate or final products. A process unit can operate independently if supplied with sufficient feed or raw materials and sufficient storage facilities for the product. The storage and transfer of product or raw materials to and from the process unit shall be considered separate from the process unit for the purposes of making reconstruction determinations. Product recovery equipment shall be considered to be part of the process unit, not part of the control apparatus.

"Product" means one or more desired results of a production process that is used as a commodity in trade in the channels of commerce by the general public in the same form as it is produced. Products include intermediate products transferred to a separate industrial facility owned or operated by the same owner or operator. This term shall have the same meaning as defined for the term "product" at N.J.A.C. 7:1K-1.5; if there is any conflict between the definition at 7:1K-1.5 and this one, the definition at 7:1K-1.5 shall control.

"Production process" means a process, line, method, activity or technique, or a series or combination of processes, lines, method or techniques, used to produce a product or reach a planned result. This term shall have the same meaning as defined for the term "production process" at N.J.A.C. 7:1K-1.5.

"Proposed general operating permit" means the version of a general operating permit which is developed by the Department pursuant to 7:27-22.12, after receipt and consideration of public comments on the draft general operating permit. The Department forwards the proposed general operating permit to EPA for review, pursuant to the procedures at N.J.A.C. 7:27-22.12, prior to the issuance by the Department of the final general operating permit.

"Proposed operating permit" means the version of an operating permit which is developed by the Department pursuant to N.J.A.C. 7:27-22.12, after receipt and consideration of public comments on the draft operating permit. The Department forwards the proposed operating permit to EPA for review, pursuant to the procedures at 7:27-22.12 prior to the issuance by the Department of the final operating permit.

"Quantifiable" means measurable with an acceptable degree of accuracy and reliability.

"Rate of production" means the quantity per unit of time of any process intermediate, product, by-product, or waste generated through the use of any significant source operation.

"Rated power output" means the maximum electrical or equivalent mechanical power output stated on the nameplate affixed to an engine or the International Standard Organization (ISO) rated electrical or equivalent mechanical power stated on the nameplate affixed to a turbine by the manufacturer.

"Raw material" means any input to a significant source operation, including fuels, but excluding heat and other forms of energy. Such inputs may include mixtures, composites, compounds, and elemental substances.

"Reconstruct" or "reconstruction" means the replacement of part(s) of equipment included in the process unit, or the replacement of part(s) of 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 (CPI).

"Reconstruction of a major HAP facility" means, when used at N.J.A.C. 7:27-22.26, the replacement of components at a facility to such an extent that the fixed capital cost of the new components exceeds 50 percent of the fixed capital cost that would be required to replace the facility at which the components are being replaced.

"Registrant" means a person who submits a registration form.

"Registration" means the process of registering with the Department on a registration form, the following:

1. One or more sources under a general operating permit, in accordance with N.J.A.C. 7:27-22.14; or

2. One or more used oil space heaters which burn on-specification used oil whose total combined gross heat input does not exceed 500,000 British Thermal Units per hour, in accordance with 7:27-20.3(a).

"Registration form" means the online or paper form the Department requires a registrant to submit to the Department to register the following:

1. A general operating permit; or

2. One or more used oil space heaters in accordance with N.J.A.C. 7:27-20.3.

"Regulated air contaminant" means the same as the term "regulated air pollutant" as defined by EPA at 40 CFR § 70.2 or any subsequent amendments thereto.

"Renewal" means the procedure set forth at 7:27-22.30 by which an applicant may seek reissuance of an operating permit prior to its expiration date.

"Rental facility" means a business that owns and rents or leases portable equipment to another person.

"Replace" means, in respect to equipment or control apparatus, to remove equipment or control apparatus and place or install a different piece of equipment or control apparatus at the same location and at the same point in the manufacturing process, provided that the newly placed equipment or control apparatus serves the same function, in the same manner.

"Replicable procedure" means a procedure, including any sampling, source emissions testing, or other monitoring procedure, which gives the same result when administered on a different occasion or by a different person.

"Reporting year" means the calendar year during which emissions reported in an Emission Statement were emitted, except that carbon monoxide emissions emitted in December of the preceding calendar year shall also be reported as part of the peak carbon monoxide season emissions in a given year.

"Research and development facility" means any facility the primary purpose of which is to conduct research and development into new processes and products, including academic and technological research and development, provided that such a facility is operated under the close supervision of technically trained personnel and is not engaged in the manufacture of products for commercial sale, except in a de minimis manner.

"Responsible official" has the meaning defined for this term at N.J.A.C. 7:27-1.4.

"Risk assessment" means a procedure for characterizing the probability that potential exposure to air contaminants will result in adverse effects on human health, or welfare or the environment.

"Seven-day notice change" means, for the purpose of this subchapter, a change made at a facility covered by an operating permit in accordance with 7:27-22.22.

"Shutdown" means to discontinue use of a process, piece of equipment, control apparatus, or a source operation.

"SIC code" means the Standard Industrial Classification code, assigned by the United States Office of Management and Budget, which classifies establishments according to the type of economic activity in which they are engaged. An SIC manual is available from the National Technical Information Service, 5285 Port Royal Road, Springfield, VA 22161.

"Significant modification" means a change made at a facility covered by an operating permit and incorporated into the operating permit in accordance with 7:27-22.24.

"Significant net emission increase" means an emission increase of any air contaminant determined pursuant to the procedures set forth in 7:27-18.7 to be a significant net emission increase.

"Significant source operation" means any source operation that is one of the following, unless the source operation is explicitly specified, in the definition of "exempt activity," as an exempt activity, and unless the source operation is explicitly specified, in paragraphs 1, 2, or 4 of the definition of "insignificant source," as an insignificant source:

1. Equipment that is used in a surface coating operation including, but not limited to, spray or dip painting, roller coating, electrostatic depositing, surface stripping or spray cleaning in which the quantity of coating or cleaning material used in any one hour is equal to or greater than one half gallon;

2. Dry cleaning equipment:

3. A surface cleaner that uses a cleaning solution containing five percent or more VOCs, HAPs, or NJHAPs, or any combination thereof, and that is:

i. An unheated open top surface cleaner with a top opening of greater than six square feet (0.56 square meters) or a capacity greater than 100 gallons;

ii. A heated open top surface cleaner;

iii. A conveyorized surface cleaner; or

iv. A stationary spray cleaning or surface stripping operation using one half gallon or more of cleaning solution in any one hour;

4. Equipment that shreds wood, if the engine powering the equipment has a maximum rated gross heat input of 1,000,000 BTU per hour or greater; or

5. Equipment, in addition to a surface cleaner as set forth in paragraph 3 above that has a capacity of more than 100 gallons and that is used in a process involving surface cleaning or preparation including, but not limited to, degreasing, etching, pickling, plating, chromium electroplating, or chromium anodizing;

6. Equipment in which the combined weight of all raw materials used exceeds 50 pounds in any one hour, provided:

i. Such equipment does not include equipment that is the same type as is included within a category described in paragraphs 1, 3, 4, or 5 above, or in paragraphs 7, 8, 9, 11, 14, or 16 through 21 below; but which is excluded from the category because it does not meet an applicability threshold set forth in the description of the category. That is, the equipment has a lower capacity, weight of materials processed, vapor pressure, or consumption of BTUs, or otherwise falls outside a parameter that is included in the description of the category;

ii. In determining the weight of the raw materials used, the weight of the following shall be excluded:

(1) Air;

(2) Water;

(3) Containers, provided that the container is not consumed as part of the operation of the equipment; and

(4) Paper, metal, or plastic that is twisted, bent, or folded, in the equipment, provided that the twisting, bending, or folding does not cause visible emissions or air pollution;

7. Stationary storage tanks which have a capacity in excess of 10,000 gallons and which are used for the storage of liquids, except water or distillates of air, not including a storage tank maintained under a pressure greater than one atmosphere provided that any vent serving such storage tank has the sole function of relieving pressure under emergency conditions;

8. Stationary storage tanks which have a capacity of 2,000 gallons or greater and which are used for the storage of a VOC or mixture of VOCs having a vapor pressure or sum of partial pressures of 0.02 pounds per square inch absolute (one millimeter of mercury) or greater at standard conditions, not including a storage tank maintained under a pressure greater than one atmosphere provided that any vent serving such storage tank has the sole function of relieving pressure under emergency conditions;

9. Tanks, reservoirs, containers and bins which have a capacity in excess of 2,000 cubic feet and which are used for the storage of solid particles;

10. Stationary material handling equipment using pneumatic, bucket or belt conveying systems from which direct or indirect emissions of air contaminants occur;

11. Commercial fuel burning equipment, except for a source listed in paragraph 20 below, that has a maximum rated heat input of 1,000,000 BTU per hour or greater to the burning chamber, including emergency generators as defined at N.J.A.C. 7:27-9.1;

12. Except where a registration has been filed pursuant to N.J.A.C. 7:27-20.3, any equipment that is used for the burning of noncommercial fuel, crude oil or process by-products in any form. This includes off-specification used oil, processed used oil fuel, or on specification used oil as defined in N.J.A.C. 7:27-20.1;

13. Any incinerator, except incinerators constructed, installed or used in one or two-family dwellings or in multi-occupied dwellings containing six or less family units, one of which is owner occupied;

14. Any waste or water treatment equipment that may emit air contaminants including, but not limited to, air stripping equipment, aeration basins, surface impoundments, lagoons, sludge tanks, dewatering equipment, soil cleaning equipment, conveying equipment, digesters, thickeners, flocculators, driers, fixation equipment, composting equipment, pelletizing equipment, and grit classifying equipment. For water treatment equipment, the concentration in the water of any Group I or II TXS must equal or exceed 100 parts per billion by weight or the total concentration in the water of VOC must equal or exceed 3,500 parts per billion by weight;

15. Equipment used for the purpose of venting a closed or operating dump, sanitary landfill, hazardous waste landfill, or other solid waste facility, directly or indirectly into the outdoor atmosphere including, but not limited to, any transfer station, recycling facility, or municipal solid waste composting facility;

16. Any source operation or equipment that has the potential to emit any Group I or II TXS, (or any combination thereof) at a rate greater than 0.1 pounds per hour (45.4 grams per hour);

17. A transfer operation involving gasoline or other VOCs regulated under 7:27-16.3 or 16.4, or a marine tank vessel loading or ballasting operation regulated under 7:27-16.5, if the operation is required to have a control device other than bottom fill or submerged fill;

18. Equipment that is used in a graphic arts operation including, but not limited to, newspaper, lithographic, gravure, flexographic, letterpress and screen printing, in which the quantity of ink, fountain solution, or cleaning material used in any one hour is equal to or greater than one half gallon;

19. Welding equipment, if the weight of the welding rod or welding wire used in the process is greater than 12 pounds in any calendar day;

20. Any stationary reciprocating engine with a maximum rated power output of 37 kW or greater, used for generating electricity, not including emergency generators; and

21. Any fumigation of a commodity or industrial structure that has the potential to emit any fumigant or combination of fumigants at a rate greater than 0.1 pounds per hour (45.4 grams per hour), except as provided at N.J.A.C. 7:27-22.36.

"SO[2]" or "sulfur dioxide" means a gas that has a molecular composition of one sulfur atom and two oxygen atoms.

"Source emission testing" means the testing of a discharge of any air contaminant from a source operation through any stack or chimney.

"Source operation" means any process, or any identifiable part thereof, that emits, or can reasonably be anticipated to emit, any air contaminant, either directly or indirectly, into the outdoor atmosphere. A source operation may include one or more pieces of equipment or control apparatus.

"Space heater" is as defined at N.J.A.C. 7:27-20.1.

"Stack or chimney" means a flue, conduit or opening designed, constructed, or used for emitting any air contaminant into the outdoor atmosphere.

"State Implementation Plan (SIP)" means a plan, or portion thereof, prepared by a State and approved by the EPA pursuant to 42 U.S.C. § 7410, which includes enforceable emission limitations or other control measures, means or techniques, and provides for implementation, maintenance, and enforcement of one or more NAAQS.

"Stationary reciprocating engine" means an internal combustion engine that is a reciprocating engine that remains for more than 30 days at a single site (for example, any building, structure, facility, or installation), but does not include a mobile electric generator being used by the military, a locomotive engine, or a construction engine. A stationary reciprocating engine:

1. Is not self-propelled, but may be mounted on a vehicle for portability; or

2. Is self-propelled on rails at a facility, but does not in the course of its normal operation leave the facility.

"Sulfur dioxide" or "SO[2]" means a gas that has a molecular composition of one sulfur atom and two oxygen atoms.

"Surface cleaner" means a device used to remove unwanted foreign matter from the surfaces of materials by using VOC, HAP, or NJHAP solvents in liquid or vapor state.

"Technology Acceptance and Reciprocity Partnership" or "TARP" means a workgroup of the Environmental Council of States (ECOS). The workgroup was formed to promote the reciprocal evaluation, acceptance, and approval of innovative environmental technologies.

"Temporary facility" means a major facility which, by design, is intended to be operated at more than one location and which is relocated more than once in five years.

"Testing" means a procedure for the determination of the kind and amount of one or more air contaminants, potential air contaminants or air contaminant precursors present. This term includes, but is not limited to, sampling, sample custody, analysis, and reporting of findings.

"Total suspended particulate matter" or "TSP" means any air contaminant dispersed in the outdoor atmosphere which exists as solid particles or liquid particles at standard conditions and is measured in accordance with N.J.A.C. 7:27B-1; 40 CFR 60, Appendix A, Methods 5 through 5H; or another method approved by the Department and EPA.

"TXS" means a substance regulated by N.J.A.C. 7:27-17.

" U.S.C. " means the United States Code.

"Use" means, in respect to equipment, control apparatus, or a source operation, to engage in any form or manner of operation of equipment, control apparatus or the source operation subsequent to its installation. This term includes any trial operation.

"Used oil" is as defined at N.J.A.C. 7:27-20.1.

"Volatile organic compound" or "VOC" means a volatile organic compound as that term is defined by the EPA at 40 CFR 51.100(s), as supplemented or amended, which is incorporated by reference herein.