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