The New Jersey Department of Environmental Protection ("NJDEP") has adopted amendments to subchapter 8 of its air pollution control regulations. NJDEP adopted these amendments as the first phase in its efforts to conform subchapter 8 to the State's recently amended Air Pollution Control Act, and to account for NJDEP's permitting of major sources of air contaminants pursuant to the operating permit program under subchapter 22 of New Jersey's air pollution control regulations and Title V of the federal Clean Air Act.
In general, subchapter 8 requires significant sources of air contaminants to obtain a preconstruction permit and an operating certificate. The primary changes resulting from the amendments include:
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requiring only larger sources of air contaminants (i.e., those emitting five or more tons per year of non-hazardous contaminants or more than de minimis amounts of hazardous contaminants) to demonstrate that they meet state-of-the-art air pollution control standards as part of their subchapter 8 applications;
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exempting major sources with operating permits from the requirements of subchapter 8;
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providing additional methods to modify existing subchapter 8 permits and certificates;
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creating general permits for certain common sources of air pollutants; and
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allowing "at risk" installation of sources and installation and operation of control apparatus while NJDEP reviews the permit applications.
The amendments to subchapter 8 should result in greater flexibility in obtaining and modifying permits and certificates for minor sources of air contaminants.
