Current through Register Vol. 56, No. 18, September 16, 2024
(a) The owner and operator of each fossil fuel-fired electric generating unit subject to this subchapter that is required to have a preconstruction or operating permit pursuant to N.J.A.C. 7:27-8 or 22 shall:
1. Submit to the Department a complete application for a new, renewed, or modified preconstruction or operating permit, in accordance with the requirements and deadlines specified in this subchapter, N.J.A.C. 7:27-8 or 22, as applicable;
2. Submit in a timely manner any supplemental information that the Department determines is necessary to review the application and issue or deny an initial or modified preconstruction or operating permit or operating permit renewal that includes the applicable emissions limitation and other requirements as set forth in this subchapter;
3. Operate the EGU in compliance with the emission limits of this subchapter as incorporated in the permit;
4. Comply with the following requirements of this subchapter:
i. Monitoring;
ii. Compliance demonstration procedure; and
iii. Recordkeeping requirements of this subchapter; and
5. Submit reports as required pursuant to N.J.A.C. 7:27-8 and 22 and the applicable preconstruction or operating permit and as requested by the Department.
(b) The Department will use the emissions measurements recorded and reported in accordance with this subchapter to determine the EGU's compliance with the emission limits set forth at N.J.A.C. 7:27F-2.5.
(c) For purposes of determining compliance with the emission limits set forth in this subchapter, the Department will use a 12-operating-month rolling average basis, calculated by dividing the annual total of CO2 emissions over the relevant 12-month period by the annual electric and/or the mechanical output plus the useful thermal output (output-based limit) over the same 12-month period. If a fossil fuel-fired electric generating unit subject to this subchapter temporarily combusts fuel oil or other liquid fuel in place of natural gas pursuant to a natural gas curtailment period, the CO2 emissions from that EGU during the period of curtailment shall not be included in the 12-operating-month rolling average used to determine compliance with the emission limits of this subchapter, so long as:
1. The EGU's permit authorizes fuel switching pursuant to N.J.A.C. 7:27-19;
2. The owner or operator is not practicably able to obtain a sufficient supply of natural gas;
3. The owner or operator's inability to obtain natural gas is due to circumstances beyond the control of the owner or operator, such as a natural gas curtailment;
4. The EGU ceases using fuel oil or other liquid fuel in place of natural gas and resumes using natural gas as soon as a sufficient supply of natural gas becomes practicably available; and
5. The owner or operator keeps records of curtailment periods and incorporates such records into the reports submitted to the Department, as required at N.J.A.C. 7:27-22. Such records shall include the following information:
i. Information sufficient to identify each EGU for which the owner or operator claims an exemption pursuant to this section, including a brief description of the source (for example, "dry-bottom coal-fired boiler serving an electric generating unit"), its location, its permit number, any other identifying numbers, and any other information necessary to distinguish it from other equipment also owned or operated by the owner or operator of the electric generating unit;
ii. A statement that the owner or operator is not practicably able to obtain a sufficient supply of natural gas;
iii. The date and time at which the owner or operator first became practicably unable to obtain natural gas; and
iv. A description of the circumstances causing the owner's or operator's inability to obtain natural gas.
(d) A renewal or modification of the operating permit or preconstruction permit of an EGU source will not cure a violation of the requirements of this subchapter if that renewal or modification is effective after the violation occurs.
