Do I need an air permit? (Continued...)

 

The Section below is pulled directly from N.J.A.C. 7:27-8.2(c)(d)(e)(f):

----

(c)        Any equipment or source operation that may emit one or more air contaminants, except carbon dioxide (CO2), directly or indirectly into the outdoor air and belongs to one of the categories listed below, is a significant source (and therefore requires a preconstruction permit and an operating certificate), unless it is exempted from being a significant source pursuant to (d), (e) or (f) below:

 

1.         Commercial fuel burning equipment, except for a source listed in (c)21 below, that has a maximum rated heat input of 1,000,000 BTU per hour or greater to the burning chamber, including emergency generators;

 

2.         Any source operation or equipment that has the potential to emit any Group 1 or Group 2 TXS (or a combination thereof) at a rate greater than 0.1 pounds per hour (45.4 grams per hour);

 

3.         Dry cleaning equipment;

 

4.         A surface cleaner which uses a cleaning solution containing five percent or more VOCs, HAPs, or VOC and HAP combined and which is:

 

i.          An unheated open top surface cleaner with a top opening of greater than six square feet (0.56 square meters) or a capacity greater than 100 gallons;

 

ii.         A heated open top surface cleaner;

 

iii.        A conveyorized surface cleaner; or

 

iv.        A stationary spray cleaning or surface stripping operation using one half gallon or more of cleaning solution in any one hour;

 

5.         Equipment that is used in a graphic arts operation including, but not limited to, newspaper, lithographic, gravure, flexographic, letterpress and screen printing, in which the quantity of ink, fountain solution, or cleaning material used in any one hour is equal to or greater than one half gallon;

 

6.         Any tank or vessel which has a capacity of more than 100 gallons and which is used:

 

i.          In etching, pickling, or plating; or

 

ii.         In chromium electroplating or chromium anodizing;

 

7.         A transfer operation involving gasoline or other VOCs that is regulated under N.J.A.C. 7:27-16.3 or 16.4, or a marine tank vessel loading or ballasting operation that is regulated under N.J.A.C. 7:27-16.5, if the operation is required to have a control device other than bottom fill or submerged fill;

 

8.         Stationary storage tanks which have a capacity in excess of 10,000 gallons and which are used for the storage of liquids, except water or distillates of air;

 

9.         Stationary storage tanks which have a capacity of 2,000 gallons or greater and which are used for the storage of a VOC or mixture of VOCs having a vapor pressure or sum of partial pressures of 0.02 pounds per square inch absolute (1.0 millimeters of mercury) or greater at standard conditions;

 

10.       Tanks, reservoirs, containers and bins which have a capacity in excess of 2,000 cubic feet and which are used for the storage of solid particles;

 

11.       Stationary material handling equipment using pneumatic, bucket or belt conveying systems from which emissions occur;

 

12.       Equipment that is used in a surface coating operation including, but not limited to, spray or dip painting, roller coating, and electrostatic depositing, in which the quantity of coating or cleaning material used in any one hour is equal to or greater than one half gallon of liquid;

 

13.       Except where a registration has been filed pursuant to N.J.A.C. 7:27-20.3, any equipment that is used for the burning of non-commercial fuel, crude oil, or process by‑products in any form, including, but not limited to, off-specification used oil, processed used oil fuel, or on specification used oil as defined in N.J.A.C. 7:27-20.1;

 

14.       An incinerator;

 

15.       Equipment which is used for treating groundwater, industrial waste water, or municipal wastewater with a solids content of less than two percent by weight as it enters the equipment (typical operations performed by this type of equipment include, but are not limited to, air stripping, aeration, digestion, thickening, flocculating, surface impounding, and dewatering), if the equipment does either of the following:

 

i.          Treats or handles influent which has one or both of the following:

 

(1)       A total concentration of VOCs and Group 2 TXS in the influent of 3,500 parts per billion by weight (ppbw) or more; or

 

(2)       A total Group 1 TXS concentration in the influent of 100 ppbw or more; or

 

ii.         Discharges more than 50 pounds per hour of sludge.  For the purposes of this paragraph, wastewater with a solids content of two percent by weight or greater is considered sludge;

 

16.       Equipment that is used for treating waste soils or sludges, including municipal solid wastes, industrial solid wastes, or recycled materials, if the influent to the equipment has a solids content of two percent by weight or greater.  Typical operations performed by this type of equipment include, but are not limited to, soil cleaning, composting, pelletizing, grit classifying, drying, and transfer station operations.  However an area used as a temporary storage area, such as a concrete pad or a roll-off container, shall not be considered to be equipment used for treating waste soils or sludges, provided that the area is not also used for treatment;                    

 

17.       Equipment used for the purpose of venting a closed or operating dump, sanitary landfill, hazardous waste landfill, or other solid waste facility, directly or indirectly into the outdoor atmosphere including, but not limited to, any transfer station, recycling facility, or municipal solid waste composting facility;

 

18.       Equipment that shreds wood, if the engine powering the equipment has a maximum rated gross heat input of 1,000,000 BTU per hour or greater;

 

19.       Equipment in which the combined weight of all raw materials used exceeds 50 pounds in any one hour, provided:

 

i.          Such equipment shall not include equipment which is the same type as is included within a category described in (c)1, 2, 4, 5, 6, 7, 8, 9, 10, 12, 15 or 18 above; or in (c)20 below, but which is excluded from the category because it does not meet an applicability threshold set forth in the description of the category.  That is, the equipment has a lower capacity, weight of materials processed, vapor pressure, or consumption of BTUs, or otherwise falls outside a parameter that is included in the description of the category;

 

ii.In determining the weight of the raw materials used, the weight of the following shall be excluded:

 

(1)       Air;

 

(2)       Water;

 

(3)       Containers, provided that the container is not consumed as part of the operation of the equipment; and

 

(4)       Paper, metal, or plastic that is twisted, bent, or folded, in the equipment, provided that the twisting, bending, or folding, does not cause visible emissions or air pollution;

 

20.      Welding equipment, if the weight of the welding rod or welding wire used in the process is greater than 12 pounds in any calendar day; and

 

21.       Any stationary reciprocating engine with a maximum rated power output of 37 kW or greater, used for generating electricity, not including emergency generators.

 

----

(d)       Even if a source is listed in (c) above, any of the following is not a significant source (and therefore does not need a preconstruction permit and operating certificate) if it is:

 

1.         A storage tank maintained under a pressure greater than one atmosphere provided that any vent serving such storage tank has the sole function of relieving pressure under emergency conditions;

 

2.         Storage tanks, reservoirs, containers, or bins used on any farm for the storage of agricultural commodities produced by or consumed in the farm's own operations.  This exemption does not include storage tanks, reservoirs, containers or bins used by distributors of agricultural commodities or by research facilities which develop products for use in agricultural production;

 

3.         A stationary storage tank, provided that (d)3i, ii and iii below are satisfied:

 

i.          The tank is one of the following:

 

(1)       A tank used solely to store a food-grade liquid that in its stored form is intended as food for direct human consumption.  For the purposes of this subparagraph, food-grade liquids do not include liquids stored in a concentrated form; vitamins and drugs; or food additives, preservatives, or other ingredients that in their stored or manufactured form are not intended for direct human consumption; or           

 

(2)       A tank used to store liquids, provided that:

 

(A)      The operating temperature of the tank is not greater than 350 degrees Fahrenheit; and

 

(B)       The vapor pressure of the liquid, excluding the vapor pressure of water, is less than 0.02 pounds per square inch absolute at the liquid's actual temperature or at 70 degrees Fahrenheit, whichever temperature is higher;

 

ii.         The following criteria are met:           

 

(1)       The tank has no visible emissions, exclusive of water vapor, to the outdoor atmosphere;

 

(2)       The tank does not emit any air contaminant which may cause an odor detectable outside the property boundaries of the facility;

 

(3)       The tank is not subject to any NESHAPS, MACT, or NSPS air pollution control standards, excluding the NSPS requirements to maintain a record of the tank’s contents, the period of storage of these contents, and the maximum true vapor pressure of the liquid stored;

 

(4)       The tank’s potential to emit each TXS and each HAP does not exceed the de minimis reporting thresholds as specified in N.J.A.C. 7:27-8, Appendix 1, Table A for each TXS and Table B for each HAP; and

 

(5)       The percentage by weight of all HAPs collectively in the raw material stored in the tank is less than 1.0 percent; and

 

iii.        The owner or operator of the tank has readily available upon Department request a statement certified in accordance with N.J.A.C. 7:27-1.39, signed by the responsible official, as defined at N.J.A.C. 7:27‑1.4, which:

 

(1)       Specifies the contents of the tank;

 

(2)       Affirms that the tank meets all of the criteria listed in (d)3i and ii above; and

 

(3)       Attests that the tank is in compliance with all other applicable State or Federal air pollution requirements.

 

4.         Aeration basins, lagoons and settling basins at publicly owned treatment works or domestic treatment works;

 

5.         Equipment used in copying and duplication activities, including any microfiche copier, photocopier, xerography machine, or other photographic processing equipment by which an image is reproduced upon material sensitized by radiant energy;

 

6.         Hand held equipment for buffing, polishing, cutting, drilling, sawing, grinding, turning, or machining wood, metal or plastic.  For the purposes of this subsection, “hand held” means “can reasonably be carried by one person”;

 

7.         Equipment at a battery charging station, except at a battery manufacturing plant;

 

8.         A source used in any of the following, if the source supports one or more production processes of the facility, and does not itself constitute a facility production process or part thereof:

 

i.          The activities of maintenance shops, such as welding, gluing, and soldering, performed indoors or outdoors;

 

ii.         A laundry operation that services uniforms or other clothing used at the facility, not including:

 

(1)       Any dry cleaning process; and

 

(2)       Any dryer that is fuel burning equipment having a maximum rated heat input of 1,000,000 BTU per hour or greater;

 

iii.        Architectural maintenance activities conducted to take care of the buildings and structures at a facility, including repainting, reroofing, and sandblasting; and

 

iv.        Food preparation to service facility cafeterias and dining rooms;

 

9.         An incinerator which serves a one or two family dwelling; or which serves a multi-occupied dwelling containing six or fewer family units, one of which is occupied by the owner of the dwelling;

 

10.       A source which:

 

i.          Was in operation prior to the date that sources of its kind were subject to permit requirements under this subchapter;

 

ii.         Has not been reconstructed or modified since that date; and

 

iii.        Is still operable;

 

11.       A fuel cell system of:

 

i.          Any generating capacity size fueled by hydrogen without a fuel processor;

 

ii.         Less than 5,000 kilowatts generating capacity fueled by methane; or

 

iii.        Less than 500 kilowatts generating capacity fueled by fuels other than hydrogen or methane;

 

12.       Electric, plasma, or gaseous-fuel cutting equipment used to cut metal or metal products, provided the metal or metal product does not contain stainless steel, alloys of lead, alloys of arsenic, or alloys of beryllium;                               

 

13.       Equipment at a commercial or non-commercial greenhouse or nursery operation which is used to blend or mix potting soil (including, but not limited to, soil, compost, artificial media or soil-less media, and/or peat moss) that  is used on site for plant propagation and that is not offered for sale or sold commercially; and

 

14.       Dry cleaning equipment that uses only liquid carbon dioxide (CO2) as the cleaning agent.

 

----

(e)       Equipment or a source operation, which would be classified as a significant source solely because it meets the criteria in (c)19 above, is not a significant source (and therefore does not need a permit and certificate), provided that (e)1, 2 and 3 below are satisfied:

 

1.         The equipment or source operation is one of the following: 

 

i.          A mixer, cutter, molder, conveyer, blender, filler, or cooking kettle which processes material intended as food for direct human consumption, provided that the temperature of the food does not exceed 225 degrees Fahrenheit;

 

ii.         Equipment that sands, drills, buffs, polishes, mills, carves, presses, or planes metal or metal products, except metal products containing stainless steel, alloys of lead, alloys of arsenic, or alloys of beryllium;

 

iii.        Equipment that sands, drills, cuts, or planes untreated and unpainted wood or wood products;

 

iv.        Equipment that cuts, trims, perforates, folds, or molds paper or paper products;

 

v.         A vessel with a capacity of 1,000 gallons or greater in which the mixing or blending of liquids takes place in a non-reactive process, provided that:

 

(1)       The operating temperature of the vessel is not greater than 350 degrees Fahrenheit; and

 

(2)       The vapor pressure of the liquid, excluding the vapor pressure of water, is less than 0.02 pounds per square inch absolute at the liquid’s actual temperature, or at 70 degrees Fahrenheit, whichever temperature is higher;

 

vi.        A vessel with a capacity of less than 1,000 gallons in which the mixing or blending of liquids takes place in a non-reactive process, provided that  the vapor pressure of the liquid, excluding the vapor pressure of water, is less than 1.5 pounds per square inch; or

 

vii.       A vessel with a capacity of less than 1,000 gallons in which the mixing or blending of either solids and liquids or solids only takes place in a non-reactive process, provided that:

 

(1)       The vapor pressure of any liquid, excluding the vapor pressure of water, is less than 1.5 pounds per square inch; and

 

(2)       The vessel is equipped with a control apparatus designed to remove particulate emissions at a minimum efficiency of 99 percent or is located inside a room that is equipped with a control apparatus designed to remove particulate emissions at a minimum efficiency of 99 percent; and

 

2.         The following criteria are met:

 

i.          The source has no visible emissions, exclusive of water vapor, to the outdoor atmosphere;

 

ii.         The source does not emit any air contaminant which may cause an odor detectable outside the property boundaries of the facility;

 

iii.        The source meets one of the following criteria:

 

(1)       The source is located in an enclosed work area equipped with heating and ventilation; emissions from the source are vented directly into the work area where the equipment is located and are free from the influence of any local exhaust ventilation system; and the work area meets an OSHA indoor air quality standard for occupancy even though the emissions are being released into the work area; or

 

(2)       The source is a mixing or blending vessel which meets the criteria set forth in (e)1v through vii above and is vented directly to the outdoor atmosphere;

 

iv.        The source is not subject to any NSPS, NESHAPS, or MACT air pollution control standard;

 

v.         The source’s potential to emit each TXS and each HAP does not exceed the de minimis reporting thresholds as specified in N.J.A.C. 7:27-8, Appendix 1, Table A for each TXS and Table B for each HAP; and

 

vi.        The percentage by weight of all HAPs collectively in the raw material is less than 1.0 percent; and

 

3.         The owner or operator of the source has readily available upon Department request a statement certified in accordance with N.J.A.C. 7:27-1.39, signed by the responsible official, as defined at N.J.A.C. 7:27‑1.4, that:

 

i.          Specifies the contents of the source, if the source is a mixing or blending vessel;

 

ii.         Affirms that the source meets all the criteria listed in (e)2 above; and

 

 

iii.        Attests that the source is in compliance with all other applicable State or Federal air pollution requirements.

 

----

(f)        Equipment or a source operation that would be classified as a significant source solely because it meets the criteria in (c)1 above is not a significant source (and, therefore, does not need a preconstruction permit and operating certificate) provided that it meets the criteria at (f)1 through 4 below:

 

1.         The equipment or source operation is one of the following:

           

i.          A microturbine with less than 500 kilowatts generating capacity that is fueled by natural gas and that has been verified according to the requirements in (f)2 below to emit less than:

 

                                    (1)       0.40 pounds of NOx per megawatt hour; and

 

                                    (2)       0.25 pounds of CO per megawatt hour; or

                                   

ii.         Any piece of electric generating equipment, other than a fuel cell system or a microturbine, with less than 500 kilowatts generating capacity and that has been verified according to the requirements in (f)2 below to emit less than:   

 

                                    (1)       0.40 pounds of NOx per megawatt hour;

 

                                    (2)       0.25 pounds of CO per megawatt hour;

 

                                    (3)       0.10 pounds of PM per megawatt hour; and

 

                                    (4)       0.01 pounds of SO2 per megawatt hour;

 

2.         A facility with a source identified in (f)1 above shall verify its emissions and demonstrate conformance with the emission levels in (f)1 above using (f)2i or ii below.  If verification process is not available pursuant to (f)2i below, or manufacturer testing has not been conducted in accordance with (f)2ii below or has been conducted in accordance with (f)2ii below but has been determined to be not acceptable with (f)2iv below, then the facility shall demonstrate conformance using (f)2iii below:

           

i.          An applicable verification process approved by the Department pursuant to the EETV Act, or through TARP, available from the Department’s Bureau of Sustainable Communities and Innovative Technologies at (609) 292-9692 or www.state.nj.us/dep/dsr/bscit.htm; 

 

ii.         The manufacturer's test protocol, provided the facility maintains on-site for inspection by the Department a copy of the protocol, test data and the test report, and available for Department review or request, and producing documents from the equipment manufacturer that the manufacturer has: 

 

(1)       Performed representative source emission testing on a model of equipment;

 

(2)       Had the source emission testing and the test report reviewed and certified by a licensed professional engineer; 

 

(3)       Conducted a minimum of three consecutive one-hour test runs, in which the average of the test runs shall not have exceeded the emission limits stated at (f)1i and ii above; and

 

(4)       Converted each test run to pounds per megawatt hour before averaging; or

           

iii.        Stack emission testing, provided the facility has: 

 

(1)       Developed and used, a stack emission testing protocol using the protocol templates in Technical Manual 1004, available at the Department’s website www.state.nj.us/dep/bts/consult.html;

 

(2)       Conducted a minimum of three consecutive one-hour test runs, in which the average of the test runs shall not exceed the emission limits stated at (f)1i and ii above; and 

 

(3)       Converted the results of each test run to pounds per megawatt hour before averaging. 

 

iv.        The Department may determine that the manufacturer’s testing of a model of the equipment, under (f)2ii above, is not acceptable.  The Department's basis for rejecting the manufacturer testing may include, but need not be limited to, inappropriate test methods, invalid test data, or test data that indicate emissions above the specified limits;

 

3.         The owner or operator of the source shall have available on site a statement, certified in accordance with N.J.A.C.7:27-1.39, by the responsible official, that the equipment or source operation meets all the criteria in (f)1 and 2 above.  This certification shall be provided to the Department upon request; and

 

4.         If the Department has reason to believe, as a result of an inspection or otherwise, that the equipment or a source operation is emitting NOx above the specified limits, the Department, at its discretion, may require the owner or operator of the equipment or a source operation to submit the certified test report and/or supporting test data to the Department.  The Department, at its discretion, may also require the owner or operator of a source to perform source emission testing in accordance with N.J.A.C. 7:27-8.4(f).