New Jersey Administrative Code
Title 7 - ENVIRONMENTAL PROTECTION
Chapter 27A - AIR ADMINISTRATIVE PROCEDURES AND PENALTIES
Subchapter 3 - CIVIL ADMINISTRATIVE PENALTIES AND REQUESTS FOR ADJUDICATORY HEARINGS
Section 7:27A-3.2 - Definitions

The following words and terms, when used in this subchapter, have the following meanings, unless the context clearly indicates otherwise. Unless otherwise specified below, all words and terms are as defined at N.J.S.A. 26:2C-2 and N.J.A.C. 7:27, 27C, and 27F.

"Act" means the Air Pollution Control Act (1954), as amended, 26:2C-1 et seq.

"AAQS" means Ambient Air Quality Standards, as defined in N.J.A.C. 7:27-13.

"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.

"EHS" means Extraordinarily Hazardous Substance, as defined in N.J.A.C. 7:31-1.

"Emission increase" means a release of an air contaminant not listed in a permit; a release of an air contaminant above the limit set forth in the applicable permit; a release of an air contaminant above the limit in any State or Federal law, or any rule promulgated, or administrative order, operating certificate, registration requirement or permit issued pursuant thereto; or a release of an air contaminant that may have been caused by a malfunction of a piece of equipment or a pollution control device regulated by State or Federal law, or any rule promulgated, or administrative order, operating certificate, registration requirement or permit issued pursuant thereto.

"EOR" means Emission Offset Rule, as set forth in N.J.A.C. 7:27-18.

"Grace period" means the period of time afforded under 13:1D-125 et seq., commonly known as the Grace Period Law, for a person to correct a minor violation in order to avoid imposition of a penalty that would be otherwise applicable for such violation.

"HAP" means a hazardous air pollutant listed and identified as a HAP at N.J.A.C. 7:27-17.9, Tables 3A and 3B.

"HAP (Table B)" means a hazardous air pollutant listed in N.J.A.C. 7:27-8, Appendix 1, Table B.

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

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

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

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

"Offense" means each individual violation of the Act or of any rule promulgated, or administrative order, operating certificate, registration requirement or permit issued pursuant thereto. Subsequent offenses are not conditioned upon a prior conviction, final order, or entry of judgment. In addition, a single administrative order and notice of civil administrative penalty assessment may relate to more than one offense.

"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.

"Partial pressure" means the pressure exerted by a specified component in a mixture of gases.

"PSD" or "prevention of significant deterioration" 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.

"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. This term includes the term "emissions unit" as defined at 40 CFR 70.2.

"TXS" means a substance listed in Table 1 of 7:27-17.3.

"Vapor pressure" means the pressure of the vapor phase of a substance, or the sum of the partial pressures of the vapor phases of individual substances in a mixture of substances, when in equilibrium with the non-vapor phase of the substance or substances.

"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.