New Jersey Administrative Code|Section 7:27-21.10 - Determination of non-applicability

                                                
 § 7:27-21.10. Determination of non-applicability 
 
(a) If the construction and/or operation of a facility is modified such that the facility's potential to emit each of the air contaminants listed in Table 1 at 7:27-21.2 is less than the applicable reporting threshold given in Table 1, the owner or operator may request approval from the Department to discontinue submission of annual Emission Statements by submitting, in accordance with this section, a claim of non-applicability.
 
(b) An owner or operator may not submit a claim of non-applicability until the facility's potential to emit each of the air contaminants listed in Table 1 at 7:27-21.2 has been less than the applicable reporting threshold for at least the immediately preceding full reporting year. However, an owner or operator is advised to submit a claim of non-applicability to the Department no later than February 1 of the submittal year in which the owner or operator wishes to discontinue submission of Emission Statements. For example, if throughout reporting year 2000, the facility's potential to emit each of the air contaminants listed in Table 1 at 7:27-21.2 is less than the applicable reporting threshold, and the owner or operator therefore would like approval not to submit an Emission Statement in submittal year 2001, the owner or operator should submit a claim of non-applicability no later than February 1, 2001. If a claim of non-applicability is received by the Department after February 1, the Department is under no obligation to respond to the claim until the following year.
 
(c) A claim of non-applicability must include the following information: 
 
1. The name of the facility; the mailing address of the facility, including its zip code; and its facility ID number, as assigned by the Department;
 
2. The name of the Emission Statement contact for the facility and the contact person's telephone number;
 
3. The name of the responsible official and the responsible official's telephone number;
 
4. A demonstration that the facility no longer meets the applicability criteria set forth at 7:27-21.2. The demonstration shall show that the facility's potential to emit each of the air contaminants listed in Table 1 at 7:27-21.2 is less than the applicable reporting threshold given in Table 1 and has been for the full preceding calendar year. Determination of the facility's potential to emit shall reflect all emissions from the facility including the following: 
 
i. The potential to emit for the significant source operations at the facility, including the fugitive emissions associated with the significant source operations;
 
ii. The potential to emit for the insignificant source operations at the facility, including the fugitive emissions associated with these source operations; and
 
iii. The facility's potential to emit any other fugitive emissions which are not accounted for pursuant to (c)4i or ii above;
 
5. The following statements:
 
i. A statement as to whether the facility is subject to operating permit requirements under N.J.A.C. 7:27-22; and
 
ii. A statement as to whether the owner or operator anticipates that conditions at the facility may change in such a manner so that the requirements of this subchapter may again become applicable to the facility in the future and therefore the facility may become obligated to recommence submission of Emission Statements; and
 
6. A certification, signed by the responsible official, in accordance with 7:27-1.39.
 
(d) A claim of non-applicability shall be submitted to the following address: Department of Environmental Protection 
 
Chief, Bureau of Air Quality Planning
 
Attn: Emission Statements--Notification of Non-applicability
 
Mail Code 401-07H
 
PO Box 420
 
Trenton, N.J. 08625-0420
 
(e) The Department shall respond by April 1 of each calendar year to the claims of non-applicability that it received between February 2 of the preceding calendar year and February 1 of the current calendar year. The Department's response will set forth the Department's determination as to whether the Department concurs that this subchapter no longer applies to the facility (and the owner or operator therefore need not submit an Emission Statement for the prior reporting year). The Department shall not approve any claim of non-applicability unless it is satisfied that: 
 
1. The facility has been modified so that its potential to emit each of the air contaminants listed in Table 1 at 7:27-21.2 is less than the applicable reporting threshold given in Table 1 and has been less than the reporting threshold for at least one full reporting year; and
 
2. The facility will not in the foreseeable future change in such a manner that the facility's potential to emit any air contaminant listed in Table 1 at 7:27-21.2 would again exceed the applicable reporting threshold in Table 1, and the facility would therefore be obligated to recommence submission of Emission Statements.
 
(f) An owner or operator who has submitted a claim of non-applicability shall nonetheless continue to submit an Emission Statement in each submittal year unless the owner or operator has received a response from the Department by April 1 of that year, or earlier, that states that the Department concurs with the claim of non-applicability and approves discontinuance of submission of Emission Statements for the facility. Failure of the Department to respond by April 1 to the submission of a claim of non-applicability does not relieve the owner or operator of the responsibility to submit an Emission Statement nor does it constitute the Department's concurrence with the claim of non-applicability.
 
(g) Nonetheless, even if the Department approves a claim of non-applicability for a facility, if in the current reporting year, or in any subsequent reporting year, the facility's potential to emit any air contaminant listed in Table 1 at 7:27-21.2 becomes equal to or greater than the applicable reporting threshold given in Table 1, the owner or operator shall submit an Emission Statement for that reporting year and recommence submitting Emission Statements annually thereafter in accordance with this subchapter.
 (Recodified from 7:27-21.8 by R.1994 d.500, effective October 3, 1994 (operative October 31, 1994). 
 See: 25 N.J.R. 4033(a), 26 N.J.R. 4026(a). 
 Recodified from N.J.A.C. 7:27-21.9 and amended by R.2003 d.86, effective February 18, 2003 (operative March 24, 2003). 
 See: 34 N.J.R. 695(a), 35 N.J.R. 1059(a). 
 Rewrote the section. Former N.J.A.C. 7:27-21.10, Severability, recodified to N.J.A.C. 7:27-21.11. 
 Administrative change. 
 See: 43 N.J.R. 2328(a).)