Current through Register Vol. 56, No. 6, March 18, 2024
(a) The Department will include a permit shield in each operating permit as set forth at 7:27-22.16(p). A permit shield provides that compliance with the relevant conditions of the operating permit shall be deemed compliance with the specific applicable requirements that are in effect on the date of issuance of the draft operating permit, and which form the basis for the conditions in the operating permit, provided that the requirements of this section are met.
(b) A permit shield shall provide that:
1. For any applicable provision of an applicable requirement, if the provision is specifically included and identified in the operating permit, compliance with the conditions of the operating permit shall be deemed compliance with that provision of the applicable requirement; and
2. For any provision of a potentially applicable requirement, if the provision is specifically identified in the operating permit as not applicable to the facility, the permittee need not comply with the specifically identified provision.
(c) A permit shield shall apply only to operating permit conditions incorporated into the operating permit through certain procedures.
1. A permit shield shall apply to conditions incorporated into the operating permit through the following:
i. Issuance of an initial operating permit;
ii. Issuance of an operating permit, renewal; or
iii. Any change made pursuant to the procedures for significant modification at 7:27-22.24;
iv. Any change made pursuant to the procedures for administrative amendments, provided the administrative amendment incorporates the provisions of a preconstruction permit that was subject to the same review procedures used for significant modification at 7:27-22.4, including an opportunity for public comment.
2. A permit shield shall not apply to provisions incorporated into the operating permit through procedures for:
i. Administrative amendment, except as noted at (c)1iv above;
ii. Changes to insignificant source operations;
iii. Seven-day-notice changes; or
iv. Minor modifications.
(d) If an operating permit does not expressly include or exclude an applicable requirement, the applicable requirement is not covered by the permit shield and the permittee shall comply with its provisions to the extent they apply to the permittee.
(e) If it is determined that an operating permit was issued based on inaccurate or incomplete information provided by the permittee, any permit shield provision in that operating permit shall be void as to the portions of the permit which are affected, directly or indirectly, by the inaccurate or incomplete information.
(f) Neither a permit shield, nor any provision in an operating permit, shall alter or affect the following:
1. The emergency orders provisions of 42 U.S.C. §
7603, including the authority of EPA under that section;
2. The liability of an owner or operator of a facility for any violation of any applicable requirement prior to or at the time of permit issuance;
3. The applicable requirements of the acid deposition control program, consistent with 42 U.S.C. §
7651g(a);
4. The ability of EPA to obtain information from a facility pursuant to the requirements for recordkeeping, monitoring, inspections and entry at 42 U.S.C. §
7414; or
5. The Department's authority to enter and inspect a facility subject to this subchapter, pursuant to N.J.A.C. 7:27-1.
(g) A permit shield does not relieve the permittee of any liability for noncompliance with the operating permit.
