Preconstruction Reviews for Major Facilities – Sub 8 & Sub 22 Reviews

In 2016, the U.S. Environmental Protection Agency (EPA) conducted an audit of New Jersey Department of Environmental Protection’s (Department) Title V operating permit program and determined that the Department’s major source air permitting rules were potentially ambiguous with regard to whether preconstruction permitting requirements of N.J.A.C. 7:27-8 apply to major sources Title V permits issued under N.J.A.C. 7:27-22. In 2017, The Department amended its air permitting rules to address the concerns outlined in EPA’s audit. As set forth in amended N.J.A.C. 7:27-22.33(e), the Department now clearly simultaneously conducts the preconstruction permit review under N.J.A.C. 7:27-8 and operating permit review under N.J.A.C. 7:27-22 for an application for a minor modification or significant modification.

The Department is reminding all major facilities that the operating permit rule, N.J.A.C. 7:27-22.33, requires that preconstruction reviews for new or modified equipment must be performed pursuant to N.J.A.C. 7:27-8: Operating permit applications need to identify all air contaminants required to be reported as indicated in N.J.A.C. 7:27-8.4(k).   EXAMPLE: “Other” air contaminants such as Ammonia must to be included in operating permit applications based on the reporting threshold of 0.05 lbs/hour in N.J.A.C. 7:27-8 Table A, even though the reporting threshold for Ammonia in N.J.A.C. 7:27-22 Table A is 100 TPY.