NJDEP Updates Air Regulations


The New Jersey Department of Environmental Protection (NJDEP) published updates to several subchapters of the air pollution regulations on January 16, 2018. The updates apply to minor source operations, major source operations, VOC operations, NOx operations, and emission statements. These updates were not considered to be major; however, there is one change that has the potential to be useful for many facilities in New Jersey.

Update 1: NJDEP has changed its definition of emergency generators (EG) within 7:27-16.1 and 7:27-19.1, to allow for operations during power disruptions resulting from construction, repair, or maintenance (CRM) activities for up to thirty-(30)-days per calendar year. This does not include operations during performance of normal testing and maintenance. Note that the standard 100-hour limit for testing and maintenance activities does not apply to the CRM activities. This change will be only beneficial to facilities where CRM affects their electrical systems and some functions need to remain active including site security operations, refrigeration systems, and other safety related equipment.

Update 2: During CRM activities both subchapters for minor and major source operations have been updated to exclude from permitting equipment that is used to temporarily replace fuel burning equipment in excess of 1 mmBtu/hour or 37 kW/hours.

Additionally, the facility must submit certain information electronically prior to commencing operation of this temporary equipment and follow up with additional information within 30 days of the cessation of its operations. The temporary equipment must be portable, on site less than 90 days, have no emissions above state of the art thresholds, must be located in Subchapters 8, 19 and 22. All electronic notifications must be provided to the appropriate regional compliance and enforcement office as specified. Based upon NJDEP’s regulatory summary, this exemption has been added to the New Jersey Administrative Code (N.J.A.C.) as a result of the issues that facilities experienced after Hurricane Sandy in 2012.

Update 3: NJDEP has also updated the air toxi