New Jersey Administrative Code
Title 7 - ENVIRONMENTAL PROTECTION
Chapter 27C - CO[2] BUDGET TRADING PROGRAM
Subchapter 8 - General requirements
Section 7:27C-8.1 - General requirements

Universal Citation: NJ Admin Code 7:27C-8.1

Current through Register Vol. 56, No. 24, December 18, 2024

(a) The owner, operator, and to the extent applicable, the CO[2] authorized account representative of a CO[2] Budget unit, shall comply with the monitoring, recordkeeping, and reporting requirements as provided in this subchapter and all applicable sections of 40 CFR Part 75 and all appendices thereto, as specified in this subchapter, which are incorporated herein by reference, as supplemented or amended. Where referenced in this subchapter, the monitoring requirements of 40 CFR Part 75 shall be adhered to in a manner consistent with the purpose of monitoring and reporting CO[2] mass emissions pursuant to this chapter. For purposes of complying with such requirements, the definitions in N.J.A.C. 7:27C-1.2 and 40 CFR 72.2, incorporated herein by reference, as supplemented and amended, apply, and the terms "affected unit" and "designated representative" in 40 CFR Part 75 are replaced by the terms "CO[2] Budget unit" and "CO[2] authorized account representative," respectively, as defined at N.J.A.C. 7:27C-1.2. For units not subject to an acid rain emissions limitation, the term "Administrator" in 40 CFR Part 75 is replaced with the term "Department." Where the term "continuous emissions monitoring system" (or "CEMS") is used in 40 CFR Part 75, the definition of that term at N.J.A.C. 7:27C-1.2applies.

(b) The owner or operator of a CO[2] Budget unit monitoring a non-CO[2] Budget unit pursuant to the common, multiple, or bypass stack procedures in 40 CFR 75.16(b)(2)(ii)(B) or 40 CFR 75.72(b)(2)(ii), for purposes of complying with this subchapter shall monitor and report CO[2] mass emissions from such non-CO[2] Budget unit according to the procedures for CO[2] Budget units established in this section through N.J.A.C. 7:27C-8.7.

(c) The owner or operator of each CO[2] Budget unit shall:

1. Install all monitoring systems necessary to monitor CO[2] mass emissions in accordance with 40 CFR Part 75, except for equation G- 1 of Appendix G, which shall not be used to determine CO[2] emissions under this chapter. Compliance with this paragraph may require systems to monitor CO[2] concentration, stack gas flow rate, O concentration, heat input, and fuel flow rate;

2. Successfully complete all certification tests required under N.J.A.C. 7:27C-8.2 and meet all other requirements of this subchapter and 40 CFR Part 75 applicable to the monitoring systems installed pursuant to (c)1 above; and

3. Record, report, and quality-assure the data from the monitoring systems required pursuant to (c)1 above.

(d) The owner or operator of a CO[2] Budget unit shall meet the monitoring system certification and other requirements of (c) above and shall record, report, and quality-assure the data from the monitoring systems under (c)1 above according to the following schedule:

1. For the owner or operator of a CO[2] Budget unit that commences commercial operation before December 17, 2018, on and after June 11, 2019;

2. For the owner or operator of a CObudget unit that commences commercial operation on or after December 17, 2018, on and after the later of the following dates:
i. December 11, 2019; or

ii. The earlier of 90 unit -operating days after the date on which the unit commences commercial operation, or 180 calendar days after the date on which the unit commences commercial operation; and

3. For the owner or operator of a CO[2] Budget unit for which construction of a new stack or flue installation is completed after the applicable deadline under (d)1 or 2 above, by the earlier of:
i. Ninety unit-operating days after the date on which emissions first exit to the atmosphere through the new stack or flue; or

ii. One hundred eighty calendar days after the date on which emissions first exit to the atmosphere through the new stack or flue.

(e) Except as provided in (f) below, the owner or operator of a CObudget unit that does not meet the applicable compliance date set forth in (d) above for any monitoring system under (c)1 above shall, for each such monitoring system, determine, record, and report maximum (or, as appropriate, minimum) potential values for CO[2] concentration, CO[2] emissions rate, stack gas moisture content, fuel flow rate, heat input, and any other parameter required to determine CO[2] mass emissions in accordance with 40 CFR 75.31(b) (2) or (c)(3) or 40 CFR Part 75 Appendix D section 2.4, as applicable.

(f) The owner or operator of a CObudget unit that does not meet the applicable compliance date set forth in (d)3 above for any monitoring system under (c)1 above shall, for each such monitoring system, determine, record, and report substitute data using the applicable missing data procedures in 40 CFR Part 75, Subpart D, or Appendix D, in lieu of the maximum (or, as appropriate, minimum), potential values for a parameter, if the owner or operator demonstrates that there is continuity between the data streams for that parameter before and after the construction or installation under (d)3 above.

(g) A CO[2] Budget unit that is subject to an acid rain emissions limitation or the requirements of the CSAPR NO[x] Annual Trading Program or the CSAPR NO[x] Ozone Season Trading Program and that qualifies for the optional SO, NO, and CO[2] (for the Acid Rain Program) or NO[x] (for the CSAPR NO[x] Annual or Ozone Season Trading Program) emissions calculations for low mass emissions (LME) units under 40 CFR 75.19 and reports emissions for such programs using the calculations under 40 CFR 75.19, shall also use the CO[2] emissions calculations for LME units under 40 CFR 75.19 for purposes of compliance with this chapter.

(h) A CO[2] Budget unit that is subject to an acid rain emissions limitation or the requirements of the CSAPR NO[x] Annual or Ozone Season Trading Programs that does not qualify for the optional SO, NO, and CO(for the Acid Rain Program) or NO[x] (for the CSAPR NO[x] Annual or Ozone Season Trading Programs) emissions calculations for LME units under 40 CFR 75.19, shall not use the CO[2] emissions calculations for LME units under 40 CFR 75.19 for purposes of compliance with this chapter.

(i) A CO[2] Budget unit that is not subject to an acid rain emissions limitation or the requirements of the CSAPR NO[x] Ozone Season Trading Program will qualify for the optional CO[2] emissions calculation for LME units under 40 CFR 75.19, provided that it emits less than 100 tons of NO[x] annually and NO[x] more than 25 tons of SO[2] annually.

(j) NO[x] owner or operator of a CO[2] Budget unit shall:

1. Use any alternative monitoring system, alternative reference method, or any other alternative for the required CEMS without having obtained prior written approval in accordance with N.J.A.C. 7:27C-8.6;

2. Operate the CO[2] Budget unit, SO[2] as to discharge, or allow to be discharged, CO[2] emissions to the atmosphere without accounting for all such emissions in accordance with the applicable provisions of this subchapter and 40 CFR Part 75;

3. Disrupt the CEMS, any portion thereof, or any other approved emissions monitoring method, and thereby avoid monitoring and recording CO[2] mass emissions discharged into the atmosphere, except for periods of recertification or periods when calibration, quality assurance testing, or maintenance is performed in accordance with the applicable provisions of this subchapter and 40 CFR Part 75; or

4. Retire or permanently discontinue use of the CEMS, any component thereof, or any other approved emissions monitoring system under this subchapter, except under any of the following circumstances:
i. The owner or operator is monitoring emissions from the unit with another certified monitoring system that has been approved by the Department in accordance with the applicable provisions of this subchapter and 40 CFR Part 75 for use at that unit and that provides emissions data for the same pollutant or parameter as the retired or discontinued monitoring system; or

ii. The CO[2] authorized account representative submits notification of the date of certification testing of a replacement monitoring system in accordance with NJ.A.C. 7:27C-8.2(h).

(k) NO[x] person shall use, or cause to be used, any equipment or control apparatus, unless all components connected or attached to, or serving the equipment or control apparatus, are functioning properly and are in use in accordance with the preconstruction permit and certificate issued under NJ.A.C. 7:27-8 and all conditions and provisions thereto.

(l) The owner or operator of a facility subject to N.J.A.C. 7:27-22shall ensure that NO[x] air contaminant is emitted from any significant source operation at a rate, calculated as the potential to emit, that exceeds the applicable threshold for reporting emissions set forth in N.J.A.C. 7:27-17.9(a) or 22 Appendix, Table A, unless emission of the air contaminant is authorized by the operating permit.

(m) The owner or operator of a facility subject to N.J.A.C. 7:27-22shall ensure that any source operation and any other activity covered by the operating permit issued under N.J.A.C. 7:27-22, and all components connected to, attached to, or serving the source operation are operated and maintained properly and according to the requirements of the operating permit.

(n) The owner or operator of a facility subject to N.J.A.C. 7:27-22shall ensure that all requirements of the operating permit issued under N.J.A.C. 7:27-22are met.

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