U.S. DEPARTMENT OF COMMERCE
National Technical Information Service
PB-290 279
Air Pollution Regulations in
State Implementation Plans: New Jersey
Abcor Inc, Wilmington, MA Walden Div
Prepared for
Environmental Protection Agency, Research Triangle Park, NC
Aug 78
-------
United States
Environmental Protection
Agency
Office of Air Quality
Planning and Standards
Research Triangle Park NC 27711
EPA-450/3-78-080
August 1978
Air
&ER&
Pollution Regulations
in State Implementation
Plans:
New Jersey
REPRODUCED BY
NATIONAL TECHNICAL
INFORMATION SERVICE
U. S. DEPARTMENT OF COMMERCE
SPRINGFIELD, VA. 22161
-------
TECHNICAL REPORT DATA
(Please read Instructions on the reverse before completing)
1. REPORT NO.
EPA-450/3-78-080
4. TITLE AND SUBTITLE
Air Pollution Regulations in State Implementation
Plans: New Jersey
3. RECIPIENT'S ACCESSIOI*NO
6. REPORT DATE
August 1978
6. PERFORMING ORGANIZATION CODE
7. AUTHOR(S)
8. PERFORMING ORGANIZATION REPORT NO.
9. PERFORMING ORGANIZATION NAME AND ADDRESS
Walden Division of Abcor, Inc.
Wilmington, Mass.
10. PROGRAM ELEMENT NO.
11. CONTRACT/GRANT NO.
68-02-2890
12. SPONSORING AGENCV NAME AND ADDRESS
13. TYPE OF REPORT AND PERIOD COVERED
Control Programs Development Division
Office of Air Quality Planning and Standards
Office of Air, Noise, and Radiation
Research Triangle Park, NC 27711
14. SPONSORING AGENCV CODE
15. SUPPLEMENTARY NOTES
EPA Project Officer: Bob Schell, Control Programs Development Division
16. ABSTRACT
This document has been produced in compliance with Section 110(h)(l) of the Clean Air
Act amendments of 1977.' The Federally enforceable regulations contained in the State
Implementation Plans (SIPs) have been compiled for all 56 States and territories
(with the exception of the Northern Mariana Islands). They consist of both the
Federally approved State and/or local air quality regulations as indicated in the
Federal Register and the Federally promulgated regulations for the State, as
indicated in the Federal Register. Regulations which fall into one of the.above
categories as of January 1,1978, have been incorporated. As mandated by Congress,
this document will be updated annually. State and/or local air quality regulations
which have not been Federally approved as of January 1, 1978, are not included here;
omission of these regulations from this document in no way affects the ability of
the respective Federal, State, or local agencies to enforce such regulations.
17.
KEY WORDS AND DOCUMENT ANALYSIS
DESCRIPTORS
b.IDENTIFIERS/OPEN ENDED TERMS C. COSATI Field/Group
Air pollution
Federal Regulations
Pollution
State Implementation Plans
18. DISTRIBUTION STATEMENT
RELEASE UNLIMITED
19. SECURITY CLASS (ThisReport)
Unclassified
20. SECURITY CLASS (Thispage)
DnclassJf ied
22. PRICE
/4 c;
?(>
A &\
EPA Form 2220-1 (9-7J)
-------
EPA-450/3-78-080
ir Pollution Regulations
in State Implementation Plans
New Jersey
by
Walden Division of Abcor, Inc.
Wilmington, Massachusetts
Contract No. 68-02-2890
EPA Project Officer: Bob Schell
Prepared for
U.S. ENVIRONMENTAL PROTECTION AGENCY
Office of Air, Noise, and Radiation
Office of Air Quality Planning and Standards
Research Triangle Park, North Carolina 27711
August 1978
-------
This report is issued by the Environmental Protection Agency to
report air pollution regulations of interest to a limited number of
readers. Copies are available, for a fee, from the National Technical
Information Service, 5285 Port Royal Road, Springfield, VA 22161.
This report was furnished to the Environmental Protection Agency by
Walden Division 9f Abcor, Inc., Wilmington, Mass. 01887, in fulfillment
of Contract No. 68-02-2890. The contents of this report are reproduced
herein as received from Walden Division of Abcor, Inc. The opinions,
findings, and conclusions expressed are those of the author and not
necessarily those of the Environmental Protection Agency. Mention of
company or product names is not to be considered as an endorsement
by the Environmental Protection Agency.
Publication No. EPA-450/3-78-080
11
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INTRODUCTION
This document has been produced in compliance with Section 110(h)(l)
of the Clean Air Act Amendments of 1977. The Federally enforceable
regulations contained in the State Implementation Plans (SIPs) have been
compiled for all 56 States and territories (with the exception of the
Northern Mariana Islands). They consist of both the Federally 'approved
State and/or local air quality regulations as indicated in the Federal
Register and the Federally promulgated regulations for the State, as
indicated in the Federal Register. Regulations which fall into one of
the above categories as of January 1, 1978, have been incorporated. As
mandated by Congress, this document will be updated annually. State
and/or local air quality regulations which have not been Federally
approved as of January 1, 1978, are not included here; omission of these
regulations from this document in no way affects the ability of the
respective Federal, State, or local agencies to enforce such regulations.
There have been recent changes in the Federal enforceability of
parking management regulations and indirect source regulations. The
October, 1977, appropriation bill for EPA prohibited Federal enforcement
of parking management regulations in the absence of specific Federal
authorising legislation. Federally promulgated parking management
regulations:have, therefore, been suspended indefinitely. Pursuant to
the 1977 Clean Air Act Amendments, indirect source regulations may not
be required for the approval of a given SIP. Consequently, any State
adopted indirect source regulations may be suspended or revoked; State
adopted indirect source regulations contained in an applicable SIP
are Federally enforceable. More importantly, EPA may only promulgate
indirect source review regulations which are specific to Federally
funded, operated, or owned facilities or projects. Therefore, the
.Federally promulgated indirect source regulations appearing in this
document are not enforceable by EPA except as they relate to Federal
facilities.
Since State air quality regulations vary widely in their organization,
content, and language, a standardized subject 'index is utilized in this
document.. Index listings consist of both contaminant and activity oriented
categories to facilitate usage. For example, for regulations which apply
to copper smelters, one might look under sulfur compounds (50.2), particu-
late matter process weight (50.1.1), or copper smelters (51.15). Federal
regulations pertaining to a given State immediately follow the approved
State and. local regulations.
Additionally, a summary sheet of the information included in each
comprehensive document is presented prior to the regulatory text to
allow one to quickly assess the contents of the document. Specifically,
the summary sheets contain the date of submittal to EPA of each revision
in
-------
to the SIP and the date of the Federal Register in which the revision
was either approved or disapproved by EPA. Finally, a brief description
or reference of the regulation which was submitted is also included.
This document is not intended to provide a tool for determining
the enforceability of any given regulation. As stated above, it is
intended to provide a comprehensive compilation of those regulations
which are incorporated directly or by reference into Title 40, Part 5.2,
of the Code of Federal Regulations. Consequently, the exclusion of a
Federally approved regulation from this document does not diminish the
enforceability of the regulation. Similarly, the inclusion of a given
regulation (for example, regulations governing pollutants, such as odors,
for which there is no national ambient air quality standards) in this
document does not, in itself, render the regulation enforceable.
IV
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SUMMARY SHEET
OF
ERA-APPROVED REGULATION CHANGES
NEW JERSEY
Submittal Date
3/22/73
11/20/73
Approval
6/15/73
1/9/74
Description
Chapter 9, 13.
7:1-3.1
Note:
The revised sulfur limitations as set
forth in N.J.A.C. subchapter 7:1-3.1 for
bituminous coal in Class 1 and Class 2
counties are ;not approved at this time
for the following power generating sta-
tions:
Company
11/19/75
1/8/76
6/8/76
Plant City Boiler
Unit(s)
Public Service Elec- Essex...;Newark..All
trie & Gas
Do Sewsren..Sewsren. DO
Do .Burling-.Burling-1-1
ton. ton
Do Kearney. .Kearney.All
Do Bergen... Bergen..No. 1.
Do : Hudson.. .Jersey.. Do
City
Jersey Central Power.Sayrevi11e.Sayre.All
& Light. ville
Do ...E. H South... Do
Werner. Amboy.
Altantic City Elec-..Deep- Deep-...6/7,7/0
trie waters, waters. 3/b,4/d,
4/23/76
7/7/76
11/18/76
7:27-2.1 et seq.
7:27-16.1 et seq.
7:27-8.1 et seq.
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FEDERAL REGULATIONS
. . ... , . t
Section Number ' Description
52.1574 General Requirements
52.1577 Compliance Schedules
52.1578 Review of New or Modified Indirect
Sources
52.1583 Regulation For Annual Inspection
and Maintenance
52.1584 Exhaust Gas Recirc|Lilation Retrofit
52.1585 Oxidizing Catalyst Retrofit
52.1587 Regulation Limiting On-Street Parking
52.1588 Management of Parking Supply
52.1589 Preferential Bus/Carpool Treatment
52.1590 Employer's Provisions For Mass
Transit Priority Incentives
52.1591 Regulation For A Vehicle Free Zone
52.1593 Monitoring Transportation Mode Trends
52.1595 Gasoline Loading
52.1597 Federal Compliance Schedules
52.1598 Gasoline Transfer Vapor Control
52.1599 Control of Evaporative Losses From
The Filling Of Vehicular Tanks
52.1600 Carpool Matching and Promotion
Sys tern.
52.1603 Prevention of Significant Deterioration
VI
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DOCUMENTATION OF CURRENT EPA-APPROVED
STATE AIR POLLUTION REGULATIONS
REVISED STANDARD SUBJECT INDEX
1.0 DEFINITIONS
2.0 GENERAL PROVISIONS AND ADMINISTRATIVE PROCEDURES
3.0 REGISTRATION CERTIFICATES, OPERATING PERMITS AND APPLICATIONS
4.0 AIR QUALITY STANDARDS (PRIMARY AND SECONDARY)
4.1 PARTICULATES
4.2 SULFUR DIOXIDE
4.3 NITRIC OXIDES
4.4 HYDROCARBONS
4.5 CARBON MONOXIDE
4.6 OXIDANTS
4.7 OTHERS
5.0 VARIANCES
6.0 COMPLIANCE SCHEDULES
7.0 EQUIPMENT MALFUNCTION AND MAINTENANCE
8.0 EMERGENCY EPISODES
9.0 AIR QUALITY SURVEILLANCE AND SOURCE TESTING
10.0 NEW SOURCE PERFORMANCE STANDARDS
11.0 NATIONAL EMISSIONS STANDARDS FOR HAZARDOUS AIR POLLUTANTS
12.0 MOTOR VEHICLE EMISSIONS AND CONTROLS
13.0 RECORD KEEPING AND REPORTING
14.0 PUBLIC AVAILABILITY OF DATA
15.0 LEGAL AUTHORITY AND ENFORCEMENT
16.0 HEARINGS, COMPLAINTS, AND INVESTIGATIONS
17.0 PREVENTION.OF SIGNIFICANT DETERIORATION
18.0 AIR QUALITY MAINTENANCE AREA
19.0 - 49.0
RESERVED FOR FUTURE EXPANSION OF COMMON INDEX
50.0 POLLUTANT - SPECIFIC REGULATIONS
50.1 PARTICULATES
50:1.1 PROCESS WEIGHT
50.1.2 VISIBLE EMISSIONS
50.1.3 GENERAL
VII
-------
50.2 SULFUR COMPOUNDS
50.3 NITRIC OXIDES
50.4 HYDROCARBONS
50.5 CARBON MONOXIDE
50.6 ODOROUS POLLUTANTS
50.7 OTHERS (Pb, Hg, etc.)
51.0 SOURCE CATEGORY SPECIFIC REGULATIONS
51.1 AGRICULTURAL PROCESSES (Includes Grain Handling, Orchard Heaters,
Rice and Soybean Facilities, Related Topics)
51.2 COAL OPERATIONS (Includes Cleaning, Preparation, Coal Refuse
Disposal Areas, Coke Ovens, Charcoal Kilns, Related Topics)
51.3 CONSTRUCTION (Includes Cement Plants, Materials Handling, Topics
Related to Construction Industry)
51.4 FERROUS FOUNDRIES (Includes Blast Furnaces, Related Topics)
51.5 FUEL BURNING EQUIPMENT (coal, natural gas, oil) - Partlculates
(Includes Fuel Content and Other Related Topics)
51.6 FUEL BURNING EQUIPMENT (coal, natural gas, oil) - S02 (Includes
Fuel Content and Other Related Topics)
51.7 FUEL BURNING EQUIPMENT (oil, natural gas, coal) - N02 (Includes
Fuel Content and Other Related Topics)
51.8 . HOT MIX ASPHALT PLANTS
51.9 . INCINERATION
51.10 .NITRIC ACID PLANTS
51.11 NON-FERROUS SMELTERS (Zn, Cu, etc.) - Sulfur Dioxide
51.12 NUCLEAR ENERGY FACILITIES (Includes Related Topic)
51.13 OPEN BURNING (includes Forest Management, Forest F1re, Fire
Fighting Practice, Agricultural Burning and Related Topics)
51.14 PAPER PULP; WOOD PULP AND KRAFT MILLS (includes Related Topics)
51.15 PETROLEUM REFINERIES
51.16 PETROLEUM STORAGE (Includes Loading, Unloading, Handling and
Related Topics)
51.17 .SECONDARY METAL OPERATIONS (includes Aluminum, Steel and Related
'Topics)
51.18 S'ULFURIC ACID PLANTS
51.19 SULFURIC RECOVERY OPERATIONS
51.20 WOOD WASTE BURNERS
51.21 MISCELLANEOUS TOPICS
VIII
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TABLE OF CONTENTS
STATE REGULATIONS
Revised Standard
Subject Index
(2.0)
(l.'O)
(51.13)
(1.0)
(51.13)
(51.13)
(2.0)
(2.0)
(51.13)
(8.0)
(11:0)
(2'.0)
(51.1)
(2.0)
(50.1.2) (51.5)
Section
Number
Subchapter 1
7:27-1.4
Subchapter 2
7:27-2.1
7:27-2.2
7:27-2.3
7:27-2.4
7:27-2.5
7:27-2.6
7:27-2.7
7:27-2.8
7:27-2.9
7:27-2.10
7:27-2.11
Subchapter 3
Title
General Provisii
Definitions
Control and Prol
Burning
Definitions
Open Burning Foi
Open Burning of
Exceptions
Infested Plant 1
Prescribed Burn
Emergencies
Hazardous Mater
Herbaceous Plan
Orchard Pruning
Fees
Control and Pro
(1.0.) 7:27-3.1
(50.1.-2) 7:27-3.2
(50.1.2)
7:27-3.3
(50.1.2) (12.0) 7:27-3.4
From Combustion of Fuel
Definitions
Smoke Emissions From Stationary
Indirect Heat Exchangers
Smoke Emissions From Marine
Installations
Smoke Emissions From The Combustion
of Fuel in Mobile Sources
Page
1
1
3
3
4
4
4
5
6
6
7
8
9
10
12
12
13
13
14
IX
-------
Revised Standard
Subject Index
(50.1.2)
(9.0)
(2.0)
(51.5)
(1.0)
(50.1)
(9.0)
(9.0)
(3.0)
(2.0)
(2.0)
(1.0)
(2.0)
(50.1.1)
(1.0)
(50.1)
(9.0)
(9.0)
(5.0)
(3.0)
Section
Number
7:27-3.5
7:27-3.6
7:27-3.7
Subchapter 4
7:27-4.1
7:27-4.2
7:27-4.3
7:27-4.4
7:27-4.5
7:27-4.6
Subchapter 5
7:27-5.1
7:27-5.2
Subchapter 6
7:27-6.1
7:27-6.2
7:27-6.3
7:27-6.4
7:27-6.5
7:27-6.6
Title
Smoke Emissions From Stationary
Internal Combustion Engines and
Stationary Turbine Engines
Stack Test
Exceptions
Control and Prohibition of Solid
Particles From Combustion of Fuel
Definitions
Standards For The Emission of
Particles
Performance Test Principle
Emission Tests
Permit to Construct, Install or
Alter and Certificate to Operate
Exceptions
Prohibition of Air Pollution
Definitions
Prohibition of Air Pollution
Control and Prohibition of Particles
From Manufacturing Processes
Definitions
Standards For the Emission of
Particles
Performance Test Principle
Emission Tests
Variances
Permit to Construct and Certificate
Page
14
14
14
15
15
16
17
17
17
18
19
19
19
20
20
22
23
23
23
24
to Operate
-------
Revised Standard
Subject Index
(2.0)
(50.2)
(1.0)
(50.2)
(3.0)
(1.0)
(3.0)
(2.0)
(3.0)
(2.0)
(51.6)
(1.0)
(50.2)
(50.2.)
(2.0)
(51.6)
(1.0)
(50.2)
(51.6)
Section
Number
7:27-6.7
Subchapter 7
7:27-7.1
7:27-7.2
Subchapter 8
7:27-8.1
7:27-8.2
7:27-8.3
7:27-8.4
7:27-8.5
Subchapter 9
7:27-9.1
7:27-9.2
7:27-9.3
7:27-9.4
Subchapter 10
7:27-10.1
7:27-10.2
7:27-10.3
Title Page
Exceptions 24
Sulfur 26
Definitions 26
Control and Prohibition of Air 27
Pollution From Sulfur Compounds
Permits and Certificates 36
Definitions 36
Permits and Certificates Required 37
General Provisions 39
Applications For Permits and 40
Certificates
Service Fees 41
Control and Prohibition of Air 43
Pollution From Sulfur Dioxide
Caused By The Combustion of Fuel
Definitions 43
Commercial Fuel Oil 43
Non-Commercial Fuel 44
Exemptions 45
Control and Prohibition of Air 46
Pollution From Sulfur Dioxide
caused By The Combustion of Coal
Definitions 46
Sulfur Content Standards 47
Expansion, Reconstruction, or 48
Construction of Coal Fired Fuel
Burning Facilities
XI
-------
Revised Standard
Subject Index
(2.0)
(51.9)
(1.0)
(2.0)
(50.0)
(3.0)
(2.0)
(2.0)
.(8.0)
(i.o)
(8.0)
(8.0)
(2.0)
(2.0)
(4.0)
(1.0)
(4.0)
(4.1)
(4.2)
(4.5)
Section
Number
7:27-10.4
Subchapter 11
. 7:27-11.1
7:27-11.2
7:27-11.3
7:27-11.4
7:27-11.5
7:27-11.6
Subchapter 12
7:27-12.1
7:27-12.2
7:27-12.3
7:27-12.4
7:27-12.5
Subchapter 13
7:27-13.1
7:27-13.2
7:27-13.3
7:27-13.4
7:27-13.5
Title
Exemptions
Incinerators
Definitions
Construction Standards
Emission Standards
Permit to Construct and Certificate
to Operate
Operation
Exceptions
Prevention and Control of Air
Pollution Emergencies
Definitions
Emergency Criteria
Criterion For Emergency Termination
Standby Plans
Standby Orders
Ambient Air Quality Standards
Definitions
General Ambient Air Quality
Standard
Ambient Air Quality Standards For
Suspended Particulate Matter
Ambient Air Quality Standards For
Sulfur Dioxide
Ambient Air Quality Standards For
Page
49
50
50
52
52
54
55
55
56
56
56
57
57
62
65
65
66
66
67
67
Carbon Monoxide ,
XII
-------
Revised Standard
Subject index
(4.6)
(4.4)
(4.3)
(1.0)
(12.0)
(12.0)
Section
Number
7:27-13.6
7:27-13.7
7:27-13.8
(12.0) (50.1.2) Subchapter 14
7:27-14.1
7:27-14.2
7:27-14.3
Subchapter 15
(1.0)
(12.0)
(12.0)
(9.0)
(2.0)
(50.4)
(i.o)
(51.16)
(51.16)
(9.0')
7:27-15.1
7:27-15.2
7:27-15.3
7:27-15.4
7:27-15.5
Subchapter 16
7:27-16.1
7:27-16.2
7:27-16.3
7:27-16.7,
Title Page
Ambient Air Quality Standard For 68
Photochemical Oxidants
Ambient Air Quality Standard For 68
Hydrocarbons
Ambient Air Quality Standard For 68
Nitrogen Dioxide
Control and Prohibitions of Smoke 69
From Diesel-Powered Motor Vehicles
Definitions 69
Public Highway Standard 70
Inspection Standard 70
Control and Prohibition of Air 73
Pollution From Light-Duty
Gasoline-Fueled Motor Vehicles
Definitions 73
Public Highway Standard 74
New Motor Vehicle Dealer Inspection 74
Compliance Standards
Motor Vehicle Inspection Standard 74
Exceptions 75
Control and Prohibition of Air 77
Pollution By Volatile Organic
Substances
Definitions 77
Storage of Volatile Organic 79
Substances
Transfer Operations 82
Emission Information and Tests 83
XIII
-------
Revised Standard
Subject Index
(5.0)
(3.0)
(2.0)
(2.0)
(14.0;
(6.0)
(10.0)
(12.0)
(12.0)
(12.0)
(12.0)
(12.0)
(12.0)
(12.0)
(12.0)
(12.0)
(51.16)
(6.0)
(51.16)
(12.0)
Section
Number
7127-16.3
7:27-16.9
7:27-16.10
7:27-16.11
FEDERALLY
52.1574
52.1577
52.1578
52.1583
52.1584
52.1585
52.1587
52.1588
:52.1589
52.1590
52.1591
52.1593
52.1595
52.1597
52.1598
52.1599
Title
Variances
Permit to Construct and Certificat
to Operate
Applicability
Exceptions
PROMULGATED REGULATIONS
General Requirements
Compliance Schedules
Review of New or Modified Indirect
Source
Regulation For Annual Inspection
and Maintenance
Exhaust Gas Recirculation Retrofit
Oxidizing Catalyst Retrofit
Regulation Limiting On Street
Parking
Management of Parking Supply
Preferential Bus/Carpool Treatment
Employer's Provision For Mass
Transit Priority Incentives
Regulation For A Vehicle Free Zone
Monitoring Transportation Mode Trer
Gasoline Loading
Federal Compliance Schedules
Gasoline Transfer Vapor Control
Control of Evaporative Losses From
Page
84
84
85
85
87
88
91
101
102
104
106
107
110
112
121
121
122
123
124
,he Fillina of Vehicular.Tanks
xiv
-------
Revised Standard Section
Subject Index Number
(12.0). ' 52.1600
(17.0) 52.1603
Title Page
Carpool Matching and Promotion
System 128
Prevention of Significant
Deterioration 131
xv
-------
NEW JERSEY AIR POLLUTION CONTROL CODE
(2.0) Subchapter 1 - General Provisions
(1.0) 7:27-1.4 - DEFINITIONS
The following terms used in this code shall mean and include:
REFUSE: Garbage, rubbish and trade waste.
GARBAGE: Animal and vegetable matter originating in houses,
kitchens, restaurants and hotels, produce markets, etc.
RUBBISH: Solids not considered to be highly flammable or
explosive including but not limited to rags, old clothes, leather,
rubber, carpets, wood, excelsior, paper, ashes, tree branches, yard
trimmings, furniture, tin cans, glass, crockery, masonry and other
similar materials.
TRADE WASTE: All solid or liquid material or rubbish
resulting from construction, building operations, or the prosecution
of any business, trade or industry including, but not limited to,
plastic products, cartons, paint, greasej oil and other petroleum
products, chemicals, cinders, and other forms of solid or liquid waste
material.
SALVAGE OPERATIONS: Any business, trade or industry engaged
in whole or in part in salvaging or reclaiming any product or material,
including, but not limited to, metals, chemicals, shipping containers
or drums.
OPEN BURNING: Any fire wherein the products of combustion
are emitted into the open air, and are not directed thereto through
a stack or chimney.
STACK OR CHIMNEY: A flue, conduit or opening permitting
particulate or gaseous emissions into the open air, or constructed or
arranged for such purpose.
PERSON: The word "person" includes corporations, companies,
associations, societies, firms, partnerships and joint companies as well
as individuals, unless restricted by the context to an individual as
distinguished from a corporate entity or specifically restricted to one
or some of the above enumerated synonyms and, when used to designate the
owner of property which may be the subject of an offense includes this
State, the United States, any other state of the United States as
defined infra and any foreign country or government lawfully owning or
possessing property within this State.
-1-
-------
COMMISSIONER: Means the State Commissioner of Health who
is the Qhief administrative officer of the State Department of Health.
AIR POLLUTION: The presence in the outdoor atmosphere of
substances in quantities which are injurious to human, plant or animal
life or to property or unreasonably interfere with the comfortable
enjoyment of life and property throughout the State and in such terri-
tories of the State as shall be affected thereby and excludes all
aspects of employer-employee relationship as to health and safety
hazards.
-2-
-------
i mi
(51.13")" S'ubchapter 2 - Control and Prohibition of Open Burning
(1.0) * 7:27-2.1 DEFINITIONS
paAo The following words and terms, when used in this Subchapter, shall
have the following meanings, unless the context clearly indicates
"Air contaminant" means solid particles, vapors or gases which
are discharged into the outdoor atmosphere.
"Department" means the Department of Environmental Protection,
"Garbage" means waste animal or vegetable matter from houses,
kitchens, restaurants, hotels, produce markets or any other source,
or food of any kind to be thrown away.
"Hazardous material" means trade waste which presents an existing
_ AQT potential hazard to health or safety if disposed of by any means
other than open burning including, but not limited to, explosives,
^nitrocellulose and elemental sodium.
"Herbaceous Plant Life" means plant life relating to or having the
characteristics of an herb, that is, a seed producing^annual, biennial"
or perennial that does not develop persistent woody tissue but dies
down at the end of a single growing season.
"Incinerator" means any device, apparatus, equipment or structure
used for destroying, reducing or salvaging by fire any material or
substance including but not limited, to refuse, rubbish, garbage, trade
waste, debris or scrap or a facility for cremating human or animal
remains. . 5
"Infested plant life" means plant life contaminated by or harboring
an insect, a plant pathogen, a weed, or any other organism capable of
causing damage, economic or otherwise, to environmental or natural
:?..;. resources.
"Open burning" means any fire whose products of combustion are
() emitted directly into the open air, and are not directed thereto
through the stack or chimney of an incinerator.
m .'. "Plant life" means vegetation including, but not limited to, trees,
.tree branches, leaves, yard trimmings, shrubbery, grass, weeds, and
crops.
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"Prescribed burning" means the open Burning of plant life under
such conditions that the fire is confined to a pre-determined area
and accomplishes the environmentally beneficial objectives of pre-
vention and control of wildfires.
"Prunings" means dead or excess branches and twigs removed from
plants to improve crop yield.
"Refuse" means rubbish, garbage, trade waste and plant life.
"Rubbish" means waste solids not considered to be highly flammable
or explosive including, but not limited to rags, old clothes, leather,
rubber, carpets, wood, excelsior, paper, ashes, furniture, tin cans,
glass, crockery, masonry and other similar materials.
"Salvage operation" means any operation or activity from which is
salvaged or reclaimed any product or material including, but not limited
to, metals, chemicals, or shipping containers.
"Stack or chimney" means a flue, conduit, or opening designed and
constructed for the purpose of emitting air contaminants into the
outdoor air.
"Trade waste" means all waste solid or liquid material or rubbish
resulting from construction, building operations, or the prosecution of
any business, trade or industry including, but not limited to, plastic
products, cartons, paint, grease, oil and other petroleum products, chem-
icals, cinders and other forms of solid or liquid waste material.
(51.13) 7:27-2:2 OPEN BURNING FOR SALVAGE OPERATIONS
No person shall cause, suffer, allow or permit a salvage operation
by open burning.
(51.13) 7:27-2.3 OPEN BURNING OF REFUSE
(:a) No person shall cause, suffer, allow or permit the disposal
of rubbish, garbage or trade waste or buildings or structures by open
burning,
(b)- No person shall cause, suffer, allow or permit the disposal
of fallen leaves by open burning.
(c) No person shall cause, suffer, allow or permit the disposal
of any type of plant life by open burning.
(2.0) 7:27-2.4: EXCEPTIONS
The provisions of Section 2.3 shall not apply to open burning of
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refuse for training or research exercises in fire protection or preven-
tion when conducted at a permanent facility or training center designed
to be used solely for such purposes on a continuing basis.
(2.0) 7:27-2.5 INFESTED PLANT LIFE
(a) The Department may issue a permit for open burning of infested
plant life, except in any municipality which prohibits such open burn-
ing, to a person responsible for the control of infested plant life
upon certification by an authorized County Agricultural Agent that no
other effective method of controlling the infestation can be used
without causing damage, economic or otherwise, to environmental or
natural resources.
(b) Applications may be made to the Bureau of Forestry, Forest
Fire Service, in the Department for a permit for the open burning of
infested plant life.
(c) Such permit may be valid for a single event or for a period
not to exceed fourteen days, may be conditioned upon any requirements
which the Department deems to be necessary and is revocable at the
discretion of the Department.
(d) No open burning shall commence until a permit is issued and
is current. Any person seeking a permit for the open burning of
infested plant life shall file with the Department an affidavit, signed
by both the applicant and the County Agricultural Agent, which sets
forth the following and any other information requested by the Depart-
ment:
1. The name, address, and telephone number of the person
submitting the affidavit; if such person is a legal entity, the name,
title, and address of the individual authorized to accept service or
process on its behalf and the name of the officer in charge of the
premises where infested plant life is to be burned.
2. The type of business or activity involved.
3. Municipal restrictions on open burning of plant life.
4. The proposed operating practice including the type
and quantity of infested plant life to be burned.
5. Whether the open burning is to be carried on in a
single instance or the frequency if intermittent.
6. The exact location at which the infested plant life
will be burned.
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7. Reasons why the infestation cannot be controlled by
any method other than by open burning without causing damage, economic
or otherwise, to environmental or natural resources.
(51.13) 7:27-2.6 PRESCRIBED BURNING
.(a) The Department may issue a permit authorizing prescribed
burning in accordance with a plan approved by and under the control
and supervision of the Bureau of Foresty, Forest Fire Service.
(b) The permit may be conditioned upon any requirements which
the Bureau of Forestry, Forest Fire Service., deems to be necessary and
is revocable at the discretion of the Department.
(c) The permit may be issued for a single event or for a period
of days, and no prescribed burning shall commence until a permit is
issued and current.
(d) Any person seeking a permit for prescribed burning shall file
with the Bureau of Forestry, Forest Fire Service, an affidavit which
sets forth the following and any other information requested by the
Bureau of Forestry, Forest Fire Service:
1. The name, address, and telephone number of the person
submitting the affidavit; if such person is a legal entity, the name,
title, and address of the individual authorized to accept service of
.process on its behalf and the name of the officer in charge of the
premises where the prescribed burning is to take place.
2. The name and address of the owner of the premises
where the prescribed burning is to take place.
3. The exact location at which the prescribed burning is
to take place.
4. A detailed plan describing the specific reasons why
the prescribed burning is necessary and how it is to be done.
(8.0) 7:2.7^2,7 EMERGENCIES
(a) The Department may issue a permit to a municipality for the
open burning of plant life upon a finding of merit in an affidavit filed
with the Department by the municipal clerk that excessive quantities of
plant .wastes have been produced by an emergency such as a wind storm or
ice storm.
(b) The permit may be conditioned upon any requirements which the
Department deems to be necessary and is revocable at the discretion
of the Department.
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(c) The permit may be issued for a single event or for a period
not to exceed seven days, and no open burning of plant life shall
commence until a permit is issued and current.
(d) The affidavit shall set forth the following and any other
information requested by the Department:
1. The name, address and telephone number of the municipal
clerk submitting the affidavit.
2. The name of the authorized municipal representative in
charge of the premises where the plant life is to be burned.
3. The proposed operating practice including the type
and quantity of plant life to be burned.
4. Whether the open burning is to be carried on in a
single instance or the frequency if intermittent.
5. The exact location(s) at which the plant life is to
be burned.
6. Reasons why the plant life cannot be disposed of by
any method other than by open burning.
(11.0) 7:27-2.8 HAZARDOUS MATERIAL
(a:) The Department may issue a permit for the open burning of
hazardous material, except in any municipality which prohibits such
open burning, where no other known method of disposal can be used
without hazard to health or property, upon a finding of merit in an
affidavit filed with the Department by the person seeking to engage
in such activity.
(b) The permit may be conditioned upon any requirements which
the Department deems to be necessary and is revocable at the discretion
of the Department.
(c) The permit may be issued for a single event, or for a period
not to exceed six months, and no disposal of hazardous materials by
open burning shall commence until a permit is issued and is current.
(d) The affidavit shall set forth the following and any other
information requested by the Department:
1. The name, address, and telephone number of the person
submitting the affidavit; if such person is a legal entity, and name
title, and address of the individual authorized to accept service of
process on its behalf and the name of the officer in charge of the
premises where the hazardous material is to be burned.
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material.
2. The type of business or activity involved.
3. Municipal restrictions on open burning of hazardous
4. The proposed operating practice including the type and
quantity of hazardous material to be disposed of by open burning.
5. Whether the open burning is to be carried on in a
single instance or the frequency if intermittent.
6. The exact location at which the hazardous material
will be disposed of by open burning.
7. Reasons why the hazardous material cannot be disposed
of by any method other than by open burning without resulting in a
hazard to health or property.
(2.0) 7:27-2.9 HERBACEOUS PLANT LIFE
(a) The Department may issue a permit for the open burning of
herbaceous plant life on the premises where grown, except in any
municipality which prohibits such burning, when the premises are
actively in use for raising food crops or salt hay for commercial
purposes and on a commercial scale and where no other effective method
of disposal can be used without causing damage, economic or otherwise,
to environmental or natural resources.
:'(b) . The permit will be issued only in accordance with a plan
approved by and under the control and supervision of the Bureau of
Forestry, Forest Fire Service.
(c) The permit will be conditioned upon the confirmation of
favorable meteorological conditions on the day the open burning will
be conducted.
(d) The permit may also be conditioned upon any requirements
which the Deparment deems to be necessary and is revocable at the
discretion of the Department.
(e) The permit may be issued for a single event, or for a period
not exceeding fourteen days, and no open burning shall commence until
a permit is issued and current.
(f) Any person seeking a permit for the open burning of herbaceous
plant life shall file with the Bureau of Forestry, Forest Fire Service,
an affidavit which sets forth the following and any other information
requested by the Department.
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1. The name, address, and telephone number of the person .
submitting the affidavit; if such person is a legal entity, the name,
title, and address of the individual authorized to accept service of
process1on its behalf and the name of the officer in charge of the
premises where the open burning is to take place.:
2. The name and address of the owner of the premises where
the open burning is to take place.
3. Municipal restrictions on open burning.
4. The exact location of the premises on which the
herbaceous plant life will be burned.
5. The nature of the business or activity involved and the
use being made of the premises.
6. A detailed plan describing the nature and quantity of
herbaceous plant life and how the open burning Is to be done, Including
whether it is to take place in a single instance or the frequency of
intermittent.
7. Reasons why no other effective method of disposal can
be used without causing damage, economic or otherwise, to environmental
or natural resources.
(51.1) 7:'27-2'.10 ORCHARD PRUNINGS
irningo
). 1977.
(a) The Department may issue a permit for the open burning of
orchard prunings on the premises where grown, until June 30, 1977, and
except in any municipality which prohibits such burning, when such
prunings are derived from trees being cultivated for commerical purposes
to produce food crops or as ornamentals and where no other effective
method of disposal can be used without causing damage, economT^ or
otherwise, to environmental or natural resources.
(b) The permit will be issued only in accordance with a plan
approved by and under the control and supervision of the Bureau of
Forestry, Forest Fire Service.
(c) The permit will be conditioned upon the confirmation of
favorable meteorological conditions on the day the open burning will
be conducted.
(d) The permit may also be conditioned upon any requirements which
the Department deems to be necessary and is revocable at the discretion
of the Department.
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(e) The permit may be issued for a single event or for a period
not exceeding fourteen days, and no open burning shall commence until
a permit is issued and current.
(f) Any person seeking a permit for the open burning of orchard
prunings shall file with the Bureau of Forestry, Forest Fire Service,
an affidavit which sets forth the following and any other information
requested by the Department.
1. The name, address, and telephone number of the person
submitting the affidavit; if such person is a legal entity, the name,
title, and address of the individual authorized to accept service of
process on its behalf and the name of the officer in charge of the
premises where the open burning is to take place.
2. The name and address of the owner of the premises where
the open burning is to take place.
3. Municipal restrictions on open burning.
4. The exact location of the premises on which the orchard
prunings will be burned.
5. The nature of the business or activity involved and
the use being made of the premises.
6. A detailed plan describing the nature and quantity of
orchard prunings and how the open burning is to be done, including
whether it is to take place in a single instance, or the frequency
if :intermittent.
7. Reasons why no other effective method of disposal can
be used without causing damage, economic or otherwise, to environmental
or natural resources.
(2.0) 7:27-2.11 FEES
(a) Any application for a permit for the open burning of herbaceous
plant life as provided in Section 2.9 shall be accompanied by a service
fee of $10.00 and no such permit will be issued until the service fee
is received.
(b) Any application for a permit for the open burning of orchard
prunings as provided in Section 2.10 shall be accompanied by a service
fee of $10.00 and no such permit will be issued until the service fee
is received.
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(c) Service fees shall be submitted in the form of a certified
check or.postal money order payable to the order of the New Jersey
Bureau of Air Pollution Control.
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(50.1.2) Subchapter 3 - CONTROL AND PROHIBITION OF SMOKE FROM COMBUSTION
(51.5) _' OF FUEL
(1.0) 7:27-3:1 - DEFINITIONS
SMOKE: Small gasborne and airborne particles, exclusive of
water vapor, arising from a process of combijstion in sufficient number
to be observable.
FUEL: Solid, liquid or gaseous materials used to produce
useful heat by burning.
INDIRECT HEAT EXCHANGER: Equipment in which heat from the
combustipn of fuel is transferred by conduction through a heat-conduct-
ing material to a substance being heated, so that the latter is not
contacted by, and adds nothing to, the products of combustion.
VISIBLE SMOKE: Smoke which obscures light to a degree
readily, discernible by visual observation.
STACK OR CHIMNEY: A flue, conduit or opening designed and
constructed for the purpose of emitting air contaminants into the
outdoor air.
INTERNAL CROSS-SECTIONAL DIMENSION: Any maximum linear
perpendicual distance from an inside wall of a stack or chimney to the
inside of an opposite wall, such as the diameter of a circular cross-
section or the length or width of a rectangular cross-section.
RINGELMANN SMOKE CHART: The Ringelmann's Scale for Grading
the Density of Smoke as published by the U.S. Bureau of Mines or any
chart, recorder, indicator or device which is approved by the depart-
ment as the equivalent of said Ringelmann's Scale for the measurement
of smoke density.
DEPARTMENT: The Department of Environmental Protection.
OPACITY: The property of a substance which renders it
partially or wholly obstructive to the transmission of visible light
expressed as the percentage to which the light is obstructed.
MARINE INSTALLATION: Equipment for propulsion, power or
heating on all types of marine craft and floating equipment.
MOBILE SOURCE: Equipment designed or constructed to be
portable or movable from one location to another including but not
limited to aircraft, locomotives operating on rails, tractors, earth
moving equipment, hoists and mobile power generators.
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-DIRECT HEAT EXCHANGER: Equipment in which heat from the
combustion of fuel is transferred to a substance being heated so that
the latter is contacted by the products of combustion and may contribute
to the total effluent.
MANUFACTURING PROCESS: Any action, operation or treatment
embracing chemical, industrial, manufacturing, or processing factors,
methods or forms including, but not limited to, furnaces, kettles,
ovens, converters, cupolas, kilns, crucibles, stills, dryers, roasters,
crushers, grinders, mixers, reactors, regenerators, separators, filters,
reboilers, columns, classifiers, screens, quenchers, cookers, digesters,
towers, washers, scrubbers, mills, condensers or absorbers.
MOTOR VEHICLE: Any vehicle propelled otherwise than by
muscular power, excepting such vehicles as run only upon rails or
tracks.
(50.1.2) 7:27-3.2 - Smoke Emissions from Stationary Indirect Heat Exchangers.
(a) No person shall cause, suffer, allow or permit visible smoke
to be emitted into the outdoor air from the combustion of fuel in
any stationary indirect heat exchanger having a rated hourly capacity
of less than 200 million BTU gross heat input or discharging through
a stack or chimney having an internal cross-sectional dimension of less
than 60 inches.
'(b) No person shall cause, suffer, allow or permit smoke
the shade or appearance of which is darker than Number 1 on the
Ringelmann Smoke Chart or greater than 20 percent opacity, exclusive of
water vapor, to be emitted into the outdoor air from the combustion
of fuel in any stationary indirect heat exchanger having a rated hourly
capacity of 200 million BTU or greater gross heat input or discharging
through a stack or chimney having all internal cross-sectional
dimensions of 60 inches or greater.
(c) The provisions of Section 2.1 and 2.2 shall hot apply to
smoke which is visible for a period of not longer than three minutes
in any consecutive 30 minute period.
(50.1.2) 7:27-3.3 - Smoke Emissions from Marine Installations
(a) No person shall cause, suffer, allow or permit smoke the shade
or appearance of which is darker than Number 1 on the Ringelmann Smoke
Chart'or greater than 20 percent opacity, exclusive of water vapor, to
be emitted into the outdoor air from the combustion of fuel in the
indirect heat exchanger of any marine installation.
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(b.) The provisions of Section 3.1 shall not apply to smoke
which 1$ visible for a period of not longer than three minutes
in any consecutive 30 minute period.
(50.1.2) 7:27-3.4 - Smoke Emissions from the Combustion of Fuel in Mobile
(12.0) Sources
No person shall cause, suffer, allow or permit smoke the shade or
appearance of which is darker than Number 2 on the Ringelmann Smoke
Chart or greater than 40 percent opacity, exclusive of water vapor,
to be emitted into the outdoor air from the combustion of fuel in any
mobile source for a period of more than 10 consecutive seconds.
(50.1.2) 7:27-3.5 - Smoke Emissions from Stationary Internal Combustion Engines
and Stationary Turbine Engines
No person shall cause, suffer, allow or permit smoke the shade or
appearance of which is darker than Number 1 on the Ringelmann Smoke
Chart or greater than 20% opacity, exclusive of water vapor, to be
emitted into the outdoor air from the combustion of fuel in any
stationary internal combustion engine or any stationary turbine engine
for a period of more than 10 consecutive seconds.
(9.0) 7:27-3.6 - Stack Test
Any person responsible for the construction, installation,
alteration or use of an indirect heat exchanger shall, when requested
by the Department, provide the facilities and necessary equipment for
determining the density or opacity of smoke being discharged into the
open air and shall conduct such smoke tests using methods approved by
the Department. All smoke test data shall be recorded in a permanent
log at such time intervals as specified by the Department. The data
shall be maintained for a period of not less than one year and shall be
available for review by the Department.
(2.0) 7:27-3.7 - Exceptions
The provisions of this chapter shall not apply to direct heat
exchangers, manufacturing processes or any motor vehicle while operating
upon the public highways.
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(51.5) Subchapter 4 - CONTROL AND PROHIBITION OF SOLID PARTICLES
FROM COMBUSTION OF FUEL
(1.0) 7:27-4.1 - DEFINITIONS
SOLID PARTICLES: Particles of rigid shape and definite volume.
PARTICLES: Any material, except uncombined water, which exists
in a finely divided form as liquid particles or solid particles at
standard conditions.
LIQUID PARTICLES: Particles which have volume but are not of
rigid shape and which upon collection tend to coalesce and create
uniform homogeneous films upon the surface of the collecting media.
STANDARD CONDITIONS: Shall be 70° F. and one atmosphere pressure
(14.7 psia or 760 mm Hg).
DEPARTMENT: The Department of Environmental Protection.
FUEL: Solid, liquid or gaseous materials used to produce
useful heat by burning.
STACK OR CHIMNEY: A flue, conduit or opening designed and
constructed for the purpose of emitting air contaminants into the
outdoor air.
AIR CONTAMINANT: Solid particles, liquid particles, vapors or
gase's which are discharged into the outdoor atmosphere.
MAXIMUM ALLOWABLE EMISSION RATE: The maximum amount of an air
contaminant which may be emitted into the outdoor air at any instant
in time or during any prescribed interval of time.
HEAT INPUT RATE: The rate at which the aggregate heat content
based on the higher heating value of the fuel is introduced into
the fuel burning equipment.
PERFORMANCE TEST PRINCIPLE: A concept of measurement as required
for determining compliance with a specific standard for the emission of
air contaminants.
ISOKINETIC: A method for sampling air contaminants from the gas
stream in a stack or chimney in such a manner that the gas stream enters
a sampling probe in the same direction and at the same velocity as the
gas stream in a stack or chimney.
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SAMPLING TRAIN: A combination of entrapment devices, instruments,
and auxiliary apparatus arranged in a prescribed sequence to selectively
separate and collect samples of specified air contaminants.
EQUIPMENT: Any device capable of causing the emission of an
air contaminant into the open air and any stack, chimney, conduit,
flue, duct, vent or similar device connected or attached to, or
serving..the equipment. This shall include equipment in which the
preponderance of the air contaminants emitted is caused by the
manufacturing process.
MANUFACTURING PROCESS: Any action, operation or treatment
embracing chemical, industrial, manufacturing, or processing factors,
methods or forms including, but not limited to, furnaces, kettles,
ovens, converters, cupolas, kilns, crucibles, stills, dryers, roasters,
regenerators, separators, filters, reboilers, columns, classifiers,
screens, quenchers, cookers, digesters, towers, washers, scrubbers,
mills, condensers or absorbers.
CONTROL APPARATUS: Any device which prevents or controls the
emission of any air contaminant.
MARINE INSTALLATION: Equipment for propulsion, power or heating
on all types of marine craft and floating equipment.
(50.1) 7:27-4.2^- STANDARDS FOR THE EMISSION OF PARTICLES
No person shall cause, suffer, allow or permit solid particles
arising from the combustion of fuel to be emitted from any stack or
chimney into the outdoor air in excess of the maximum allowable emission
rate as
-------
HEAT INPUT RATE MAXIMUM HEAT INPUT RATE MAXIMUM
(Millions of ALLOWABLE (Millions of ALLOWABLE
British Thermal EMISSION RATE British Thermal EMISSION RATE
Units per Hour) (Pounds per Hour) Units per Hour) (Pounds per Hour)
100 15 7,000 700
120 16.5 8,000 800
140 17.5 10,000 1,000
160 18.5
180 19.3
NOTE: Heat input rate shall be the sum of the heat input
rates of all fuel burning equipment discharging
through a single stack or chimney.
(9.0) 7:27-4.3 - PERFORMANCE TEST PRINCIPLE
For purposes of measuring emissions in accordance with the
provisions of this chapter, solid particles shall be drawn by
isokinetic procedures from the stack or chimney and the weight of
the solid particles determined gravimetrically after removal of
uncombined water. The measured emission weight shall be the combined
weight of all solid particles collected from the gas stream. The
specifications for the sampling train and sample procedures shall be
as published by the Department or approved equivalent.
(9.0) 7:27-4.4 - EMISSION TESTS
Any person responsible for the emission of solid particles arising
from the combustion of fuel shall, when requested by the Department,
provide such sampling facilities exclusive of instrumentation and
sensing devices as may be necessary for the Department to determine
the rate at which the particles are or may be discharged from the
fuel burning operation. During such testing by the Department, the
fuel burning operation shall be operated under normal, routine
operating conditions or under such other conditions'within the
capacity of the equipment as may be requested by the Department. The
facilities may be either permanent or temporary, at the discretion
of the person responsible for their provision, and shall conform to
all applicable laws and regulations concerning safe construction and
safe practice.
(3.0) 7:27-4.5 - PERMIT TO CONSTRUCT, INSTALL OR ALTER AND CERTIFICATE
TO OPERATE
(a) No person shall construct or install any new fuel burning
equipment, or any new control apparatus, or alter any existing fuel
burning equipment, or any control apparatus without first having
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obtained a "Permit to Construct, Install or Alter Control Apparatus or
Equipment" from the Department, in accordance with the provisions of
Chapter 9 of the New Jersey Air Pollution Control Code.
(b) No person shall use or cause to be used any new or altered
fuel burning equipment, or any new or altered control apparatus
without first having obtained a "Certificate to Operate Control
Apparatus or Equipment" from the Department, 'in accordance with
Chapter 9 of the New Jersey Air Pollution Control Code.
(c) No person shall use or cause to be used any fuel burning
equipment unless all components connected, or attached to, or
serving the equipment, including control apparatus, are functioning
properly and are in use, in accordance with the Permit to Construct
and the Certificate to Operate.
(2.0) 7:27-4.6 - EXCEPTIONS
The provisions of this Chapter shall not apply:
1. 'when the heat input rate to the fuel burning equipment
is less than 1,000,000 British Thermal Units per hour;
2. to marine installations, vehicles or other movable or
. . portable equipment.
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(2.0) SUbchapter 5 - PROHIBITION OF AIR POLLUTION
(1.0) 7:27-5.1 - DEFINITIONS
(2.0) 7:27-5.2 - Prohibition of Air Pollution
(a) No person shall cause, suffer, allow or permit to be emitted
into the outdoor atmosphere substances in quantities which
shall result in air pollution.
(b) The provisions of subsection (a) shall not apply to:
1. any condition or occurrence which is subject to the pro-
visions of existing or future code chapters promulgated
by the Commission
2. the use of economic poisons.
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(50.1.1) Subchapter 6 - CONTROL AND PROHIBITION OF PARTICLES FROM
. . ' MANUFACTURING PROCESSES
(1.0) 7:27-6.1 - DEFINITIONS
PARTICLES: Any material, except uncombined water, which exists
in finely divided form as liquid particles or solid particles at
standard conditions.
LIQUID PARTICLES: Particles which have volume but are not
of rigid shape and which upon collection tend to coalesce and
create uniform homogeneous films upon the surface of the collecting
med i a.
SOLID PARTICLES: Particles of rigid shape and definite volume.
STANDARD CONDITIONS: Shall be 70° F. and one atmosphere
pressure (14.7 psia or 760 mm Hg).
DEPARTMENT: The Department of Environmental Protection.
MANUFACTURING PROCESS: Any action, operation or treatment
embracing chemical, industrial, manufacturing, or processing
factors, methods or forms including, but not limited to,
furnaces, kettles, ovens, converters, cupolas, kilns, crucibles,
stills, dryers, roasters, crushers, grinders, mixers, reactors,
regenerators, separators, filters, reboilers, columns, classifiers,
screens, quenchers, cookers, digesters, towers, washers, scrubbers,
mills, condensers or absorbers.
PERFORMANCE TEST PRINCIPLE: A concept of measurement as required
for determining compliance with a specific standard for the emission
of air contaminants.
AIR CONTAMINANT: Sol.id particles, liquid particles, vapors or
gases, which are discharged into the outdoor atmosphere.
SOURCE OPERATION: Any manufacturing process or any identifiable
part thereof emitting an air contaminant into the outdoor atmosphere
through one or more stacks or chimneys.
STACK OR CHIMNEY: A flue, conduit or opening designed and
constructed for the purpose of emitting air contaminants into the
outdoor air.
MAXIMUM ALLOWABLE EMISSION RATE: The maximum amount of an air
contaminant which may be emitted into the outdoor air at any instant
in time or during any prescribed interval of time.
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OPACITY: The property of a substance which renders it partially
or wholly obstructive to the transmission of visible light expressed
as the percentage to which the light is obstructed.
ISOKINETIC: A method for sampling air contaminants from the gas
stream in a stack or chimney in such a manner that the gas stream
enters a sampling probe in the same direction and at the same velocity
as the gas stream in a stack or chimney.
SAMPLING TRAIN: A combination of entrapment devices, instruments,
and auxiliary apparatus arranged in a prescribed sequence to selectively
separate and collect samples of specified air contaminants.
INDIRECT HEAT EXCHANGER: Equipment in which heat from the
combustion of fuel is transferred by conduction through a heat-
conducting material to a substance being heated, so that the latter
is not contacted by, and adds nothing to, the products of combustion.
EQUIPMENT: Any device capable of causing the emission of an air
contaminant into the open air, and any stack, chimney, conduit, flue,
duct, vent or similar device connected or attached to, or serving the
equipment. This shall include equipment in which the preponderance of
the air contaminants emitted is caused by the manufacturing process.
FUEL: Solid, liquid or gaseous materials used to produce useful
heat by-burning.
INCINERATOR: Any device, apparatus, equipment or structure used
for destroying, reducing or salvaging by fire any material or sub-
stance including, but not limited to, refuse, rubbish, garbage, trade
waste, debris or scrap or a facility for cremating human or animal
remains.
REFUSE: Rubbish, garbage, trade waste and plant life.
CONTROL APPARATUS: Any device which prevents or controls the
emission of any air contaminant.
POTENTIAL EMISSION RATE: The mass rate of air contaminants
emitted or to be emitted through a stack or chimney into the outdoor
air exclusive of any type of control apparatus.
SOURCE GAS: Air or gases passed through or generated by a
source operation and discharged from the source operation.
DILUTION GAS: Air or gas from any source whatsoever added to
the source gas emitted from a source operation.
-21-
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(50.1) 7:27-6,2 - STANDARDS FOR THE EMISSION OF PARTICLES
(a) No person shall cause, suffer, allow or permit particles as
measured by the performance test principle set forth in Section 3 to
be emitted from any source operation through any stack or chimney into
the outdoor air in excess of the maximum allowable emission rate as
determined from Table 1 below.
TABLE 1
MAXIMUM ALLOWABLE EMISSION RATE FOR PARTICLES
1
POTENTIAL EMISSION
RATE FROM SOURCE
OPERATION
(Ibs. per hr. )
50 or less
100
1000
2000
3000 or greater
2
ALLOWABLE EMISSION
RATE (Ibs. per hr.)
(Based on 99% effic-
iency of collection!
0.5
1.0
10.0
20.0
30.0
3
SOURCE GAS EMITTED
FROM SOURCE OPER.
(Standard
cu. ft. per min. )
3,000 or less
6,000
35,000
70,000
140,000
IT'ifOOn or flrpatpr
4
ALLOWABLE EMISSION
RATE (Ibs. per hr.)
(Based on 0.02
gains per SCF)
0.5
1.0
6.0
12.0
24.0
sn.n
INSTRUCTIONS
1. From columns 1 and 2 above, determine the allowable emission rate
based upon the potential emission rate of solid particles from the
source operation.
2. For columns 3 and 4 above, determine the allowable emission rate
; based upon the source gas emitted from the source operation.
Whenever dilution gas is, for any purpose, added to the source gas
from a source operation, the source gas emitted shall be considered
to be the gas discharge rate prior to such dilution.
3. The greater of the two emission rates as determined from a or b
above shall be the maximum allowable emission rate. For rates
between any two consecutive values stated in columns 1 and 3,
the corresponding allowable emission rates shall be as determined
by interpolation.
(b) No person shall cuase, suffer, allow or permit particles to
be emitted from any stack or chimney into the outdoor air the shade
or appearance of which is greater than 20% opacity, exclusive of water
vapor. '
-22-
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8 The provisions of subsection (b) shall not apply to particles
the shade or appearance of which is greater than 20% opacity,
exclusive of water vapor, for a period of not longer than three minutes
in any consecutive 30 minute period.
(9.0) 7:27-6.3 - PERFORMANCE TEST PRINCIPLE
For purposes of measuring emissions in accordance with the
provisions of Subsection (a) of this chapter, particles shall be drawn
by isokinetic procedures from the stack or chimney and the weight of
the particles determined gravimetrically after removal of uncombined
water. The measured emission weight shall be the combined weight of
all particles collected in the sampling train, including any liquid
particles which have the form of a solid particle at standard conditions,
The procedures shall be as published by the Department or approved
equivalent.
(9.0) 7:27-6.4 - EMISSION TESTS
(a) Any person responsible for the emission of particles from
a source operation shall, when requested by the Department, provide
the facilities and necessary equipment for determining the opacity of
emissions being discharged through a stack or chimney and shall
conduct such opacity tests using methods approved by the Department.
Opacity test data shall be recorded in a permanent log at such time
intervals as specified by the Department and shall be maintained for a
period of not less than one year and shall be available for review by
the Department.
(b) Any person responsible for the emission of particles from a
source operation shall, upon request of the Department, provide such
.sampling facilities and testing facilities exclusive of instrumentation
and sensing' devices as may be necessary for the Department to determine
the nature and quantity of particles being emitted from the source
operation. During such testing by the Department, the source
operation shall be operated under normal, routine operating conditions
or under such other conditions within the capacity of the source
operation as may be requested by the Department. The facilities may be
either permanent or temporary, at the discretion of the person
responsible' for their provision, and shall conform to all applicable
laws and requlations concerning safe construction and safe practice.
(5.0) 7:27-6.5 - VARIANCES
(a) Whenever a person responsible for the emission of particles
from a source operation believes that advances in the art of control
for the kind and amount of particles emitted has not developed to a
degree which would enable the requirements of Section 2 of this chapter
-23-
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to be attained, he may apply to the Department for a variance setting
forth his reasons and justifications. The Department may issue a
variance from Subsection (a) and/or (b) and such variance shall be
valid for a period not to exceed five years from the date of issuance
and may be renewed upon application to the Department setting forth
reasons and justifications for its continuation. Variances issued
under the provisions of this section shall be conditional on the
compliance with any requirements which the Department deems to be
necessary.
(b) Any person aggrieved by the denial or the prescribed conditions
by the Department of a variance authorized by this section may, upon
application made within 15 days after notice thereof, be entitled to
a hearing before the Department upon at least 15 days written notice.
Within 30 days after such hearing the Department shall issue a notice
amending, affirming or rescinding its previous action.
(3.0) 7:27-6.6 - PERMIT TO CONSTRUCT AND CERTIFICATE TO OPERATE
(a) No'person shall construct or install any new equipment or any
new control apparatus, or alter any existing equipment or control
apparatus from which particles are emitted through any stack or
chimney into the outdoor air without first having obtained a "Permit
to Construct, Install or Alter Control Apparatus or Equipment" from
the Department, in accordance with the provisions of Subchapter 8 of the
New Jersey Air Pollution Control Code.
! ' r
(b) No person shall use or cause to be used any new or altered
equipment, or any new or altered control apparatus from which particles
are emitte'd through any stack or chimney into outdoor air without first
having obtained a "Certificate to Operate Control Apparatus or Equip-
ment" from the Department, in accordance with Subchapter 8 of the New
Jersey Air Pollution Control Code.
(c) No person shall use or cause to be used any equipment from
which particles are emitted through any stack or chimney into the
air unless all components connected, or attached to, or serving the
equipment, including control apparatus, are functioning properly and
are in use, in accordance with the Permit to Construct, Install or
Alter and the Certificate to Operate.
(2.0) 7:27-6..7 - EXCEPTIONS
The provisions of this chapter shall not apply:
1. to indirect heat exchangers
.2. to incinerators
-24-
-------
for a period of five years from the date of issuance
of a valid permanent Certificate to Operate to a source
operation equipped with control apparatus for which a
valid Permit to Construct, Install or Alter or the
permanent Certificate to Operate was issued by the
Department during the period June 15, 1967 to the
effective date of this chapter.
-25-
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(50.2) Subchapter 7 - SULFUR
(1.0) 7:27-7.1 - DEFINITIONS
The following words and terms used in this Subchapter shall
have the following meanings, unless the context clearly indicates
otherwise.
"Adjusted stack height" means the stack height modified by either
a stack height adjustment factor or a stack height adjustment in feet.
"Allowable emission" means the emission in any 60 minute period
expressed in pounds computed as set forth in Section 7.2(q)(Control and
prohibition of air pollution from sulfur compounds) of this Chapter.
"Commercial fuel" means solid, liquid or gaseous fuels normally
produced, manufactured, used or sold for the purpose of creating use-
ful heat.
"Commissioner" means the State Commissioner of Health who is the
chief administrative officer of the State Department of Health.
"Gases" means formless fluids which, under standard conditions,
occupy the space of enclosure and which can be changed to the liquid of
solid state only by the combined effect of increased pressure and
decreased temperature.
"Liquid particles" means particles which have volume but are not
of rigid shape and which upon collection tend to coalesce and create
uniform homogeneous films upon the surface of the collecting media.
"Source operation" means any process or any identifiable part
thereof emitting air contaminants into the outdoor atmosphere through
one or more stacks or chimneys. For purposes of this definition
identical processes shall be considered as separate source operations.
"Stack exit velocity" means the linear velocity in feet per second
at which gases enter the outdoor atmosphere from a stack or chimney,
"Stack height" means the vertical distance measured in feet between
the point of discharge from the stack or chimney into the outdoor
atmosphere and the elevation of the land thereunder.
"Stack or chimney" means a flue, conduit or opening permitting
particulate or gaseous emissions into the open air, or constructed or
arranged for such purpose.
"Standard conditions" means 70° F and one atmosphere pressure
(11.7 psia or 760 mm Hg).
-26-
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(50.2)
"Sulfur compounds" means all inorganic or organic chemicals having
an atom or atoms of sulfur in their chemical structure.
"Sulfur dioxide (SOg)" means a colorless gas at standard conditions
having the molecular formula S00.
t..
"Sulfuric acid (H2S04)" means a heavy, corrosive, oily, colorless
dibasic, strong acid having the molecular formula
"Sulfuric trioxide (503)" means a compound which has the molecular
formula 503.
"Vapors" means the gaseous form of substances which under stand-
ard conditions, are in the solid or liquid state and which can be
changed to these states by either increasing the pressure or decreasing
the temperature.
7:27-7.2 - CONTROL AND PROHIBITION OF AIR POLLUTION FROM SULFUR
. COMPOUNDS
(a) ' No person shall cause, suffer, allow or permit sulfur com-
pounds in the form of gases, vapors, or liquid particles to be discharg
ed from any stack or chimney into the outdoor atmosphere except as
provided in this Section.
SO
(b) Whenever the discharge from a stack or chimney includes
'2-
'' 1. The concentration of S02 in the gases being discharged
shall not exceed 2,000 ppm by volume at standard conditions except that
for a period of two years following the effective date of this
Subchapter, the concentration of S0£ in the gas being discharged
shall not exceed 3,000 ppm by volume at standard conditions.
2. The quantity of S02 which is discharged through any stack
or chimney into the outdoor atmosphere in any 60-minute period shall
not exceed the allowable emission as set forth in subsection (q) of this
Section, and at any instant the maximum rate of emission expressed in
pounds per hour shall not exceed twice the allowable emission.
(c) The provisions of subsection (b)l of this Section shall not
apply to the discharge from:
1. Any stack or chimney whenever the total volume of gases
discharged does not exceed 3,000 cubic feet per minute at standard con-
ditions, and the quantity of S02 discharged in any 60-minute period
does not exceed 50 pounds, and at any instant the maximum rate of
emission of S02 does not exceed 100 pounds per hour.
-27-
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2. Sulfur recovery plants which are engaged in recovering
elemental sulfur from hydrogen sulfide. For such plants the concentra-
tion of S02 in the gases being discharged from a stack or chimney
shall not exceed 15,000 ppm by volume at standard conditions,
.(d.) Any person responsible for the discharge of $03 through
a stack or chimney into the outdoor atmosphere shall provide the
facilities and necessary equipment and shall conduct stack tests
using methods approved by the Department. Such tests shall include
a determination of the SO? concentration, the total gas volume being
discharged, and the gas temperature and pressure at the sampling
point in the stack or chimney, and the data shall be recorded in a
permanent log at least once each hour. The data shall be maintained
for a period of not less than one year and shall be available for
review by the Department.
(e) Whenever the person responsible for the discharge of S0« can
present data to the Department showing that his emissions are well
under the allowable emissions or that his process produces predictable
concentrations and emission rates, he may apply to the Department for
a waiver or modification of the stack testing requirement. For the
purpose of this subsection, existing data may be offered as sub-
stantiating evidence for such waiver or modification. If a waiver
or modification is approved by the Department, the Department shall
notify the person of such approval in writing.
(f) The provisions of subsection (d) of this Section shall not
apply whenever the total volume of gases discharged from a stack or
chimney is less than 1,000 cubic feet per minute at standard conditions.
(g) Whenever the discharge from a stack or chimney includes 503
and
1. The combined concentration of $03 H2S04 in the gases
being discharged, when covered and expressed as H2$04 shall not exceed
10 milligrams per cubic foot at standard conditions; and
" 2. The combined quantity of $03 and H2S04 discharged in any
60-minute period, when coverted and expressed as H?S04, shall not exceed
the allowable emission as set forth in subsection (g) of this Section
and at any instant the maximum rate of emission expressed in pounds
per hour shall not exceed twice the allowable emission.
(h) Any person responsible for the discharge of S03 and 1^504
through a stack or chimney into the outdoor atmosphere shall, when
requested by the Department, provide the facilities and necessary equip-
ment for determining the combined quantity of $03 and ^$04 being
discharged from the stack or chimney and shall conduct stack tests using
-28-
-------
methods approved by the Department. Such tests may include a deter-
mination' of .the S03 and ^SCfy concentrations, the total gas volume be-
ing discharged, and the gas temperature and pressure at the sampling
point in the stack or chimney, and the data shall be recorded in a
permanent log at such time intervals as specified by the Department.
The data shall be maintained for a period of not less than one year
and shall be available for review by the Department.
(i) Whenever the discharge from a stack or chimney includes sulfur
compounds in the form of gases, vapors, or liquid particles other than
S02, S03 arid H2S(L, the total quantity of sulfur in these sulfur com-
pounds which is discharged in any 60-minute period shall not exceed
the allowable emission as set forth in subsection (q) of this Section
and the maximum rate of emission at any instant shall not exceed
the allowable emission.
(j) Any person responsible for the discharge of sulfur compounds
in the form of gases, vapors, or liquid particles other than S02, SCL
and HnSO., through a stack or chimney into the outdoor atmosphere shall,
when requested by the Department, provide the facilities and necessary
^equipment for determining the combined quantity of such sulfur compounds
being discharged from the stack or chimney and shall conduct stack
tests using methods approved by the Department. Such tests may include
a .determination of the sulfur concentrations, the total gas volume
being discharged, and the gas temperature and pressure at the sampling
point in the stack or chimney and the data shall be reported in a per-
manent log at such intervals as specified by the Department. The
data shall be maintained for a period of not less than one year and
shall be available for review by the Department.
(k) The provisions of this Subchapter shall not apply to:
1. The discharge of sulfur compounds in the form of gases,
vapors, or liquid particles resulting from the combustion of commercial
fuel; or
2. The discharge from any stack or chimney having the sole
function, of relieving pressure of gas, vapor, or liquid under abnormal
emergency conditions.
(1) Where combustible sulfur compounds are burned at or beyond
the exit of a stack or chimney, the products of combustion shall be
exempt from the concentration limits of subsection (b)l of this Section.
(m) Whenever the person responsible for the discharge of a sulfur
compound in the form of gases, vapors, or liquid particles other than
SOp, SO- and hUSCK, believes that such sulfur compound does not contri-
bute to air pollution to the degree represented by the allowable
emission, he may submit data to the Department setting forth reasons
-29-
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and justifications for a less restrictive allowable emission. If the
change is approved by the Department, the Department shall, upon
approval by the Commission, assign a revised allowable emission for
such sulfur compound which shall be used for the purpose of this
Subchapter.
(n) Any person responsible for the discharge of sulfur compounds
in the form of gases, vapors, or liquid particles through a stack or
chimney shall, upon request of the Department, provide in connection
with such stack or chimney such sampling facilities and testing
facilities, exclusive of instruments and sensing devices, as may be
necessary for the Department to determine the quantity and con-
centration of such sulfur compounds which can or may be discharged
through such stack or chimney. Such facilities may become permanent
or temporary at the discretion of the person responsible for that
decision, and such conform to all applicable laws and regulations con-
cerning safe construction or safe practice.
(o) Whenever sulfur compounds in the form of gases, vapors, or
liquid particles from one source operation are discharged through two
or more stacks or chimneys, the total quantity that may be discharged
from any one stack or chimney shall not exceed the allowable emission
permitted for that stack or chimney, nor shall the total quantity that
may be discharged from all the stacks exceed the allowable emission that
would be permitted from the smoke stack or chimney having the greatest
allowable emission.
(p). Any person responsible for a source operation which discharges
sulfur compounds in the form of gases, vapors, or liquid particles
through a stack or chimney and who in the process of starting up or
shutting down such operation anticipates discharges in excess of those
allowable under this Subchapter shall file an affidavit which the
Commissioner stating the following:
1. The name, address and telephone number of the person
submitting the affidavit; if such person is a legal entity, the name
and address of the individual authorized to accept service of process
on its behalf and the name of the officer in charge of the premises
where the source operation is located.
2. The type of business or activity involved;
'.. 3. The general nature of the source operation and the
proposed operating practice;
4. Duration of the period for which emissions or concentra-
tions in excess of the allowable emission or concentrations can be
expected'and magnitude of such emissions or concentrations;
-30-
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3. Frequency of start-up and shut-down;
. 6. Reasons why excessive emissions or concentrations
cannot be avoided during the start-up and shut-down period; and
7. The Department may, for reasons set forth in the
affidavit, authorize a waiver of the discharge requirements of this
Subchapter; provided however, that such waiver shall not apply to any
period of operation other than that period set forth as process start-
up and shut-down.
(q) The allowable emission for sulfur compounds in the form of
gases, vapors, or liquid particles shall be computed as follows:
1. Establish the stack height;
2. Establish the stack exit velocity in feet per second;
3. Establish the temperature in degress Fahrenheit at which
the gases leave the stack;
4. The use of Tables I and II shall be as follows:
i. If the stack height is less than 200 feet, determine
"Stack Height Adjustment Factor" for Table I and multiply by stack
height to determine "Adjusted Stack Height in Feet".
ii. If stack height is 200 feet or greater, determine
"Stack Height Adjustment in Feet" form Table II and add this value to
or subtract this value from the actual stack height to determine
"Adjusted Stack Height in Feet".
iii. Intermediate values shall be determined by inter-
polation.
5. Locate the "Adjusted Stack Height" obtained from paragraph
4 of this subsection along the left side of chart titled "Allowable
Emission for Sulfur Compounds". Draw a horizontal line across the
chart to the point where this line intersects the line on the chart
corresponding to the sulfur compound for which the allowable emission
is to be determined.
6. Draw a vertical line from the point determined by para-
graph. 5 of this subsection to the "Allowable Emission in Pounds per
Hour" scale along the bottom of the chart. The point at which this
line intersects the scale yields the "Allowable Emission in Pounds per
Hour" for that sulfur compound.
-31-
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NOTE: The revised sulfur limitations as set forth in New Jersey
Air Control subchapter 7:1-3.1 for bituminous coal in Class
1 and Class 2 counties are not approved at this time for the
following power generating stations:
Company
Plant
City
Boiler
Unit(s)
Do
Public Service Elec-Essex Newark All..
Electric & Gas
Do Sewaren.
Do Burling-
ton
Do Kearney.
Do ..Bergen..
Do Hudson..
.1-1
.Sewaren.
.Burling-
ton
.Kearney....All
.Bergen No. 1
.Jersey Do
City
Jersey Central Power Sayreville Sayreville.All
& Light.
Do E.H South Do
Werner. Amboy
Atlantic City Elec- Deep- Deep- 8/7, 7/0
trie waters waters 3/6, 4/0
-32-
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TABLE 1STACK HEIGHT ADJUSTMENT FACTOR
I
CO
OJ
I
. . . ..
STACK EXIT .
VELOCITY
IN FT. /SEC.
0
5
10
15
20
25
30
35
40
45
50 OR
GREATER
200°F
or less
0.910
0.928
0.946
0.964
0.982
1.000
1.018
1.036
1.054
1.072
1.090
- TEMPERATURE, DEGREES F., AT WHICH THE GASES
300°
0.910
0.930
0.950
0.970
0.990
1.010
1.030
1.050
1.070
1.090
1.110
400°
0.910
0.932
0.953
0.975
0.996
1.018
1.039
1.061
1.083
1.104
1.126
500°
0.910
0.933
0.956
0.978
1.001
1.024
1.047
1.070
1.092
1.115
1.138
600°
0.910
0.934
0.958
0.981
1.005
1.029
1.053
1.077
1.100
1.124
1.148
. 700°
0.910
0.935
0.959
0.984
1.008
1.033
1.056
1.082
1.107
1.131
1.156
LEAVE THE STACK
800°
0.910
0.935
0.961
0.986
1.011
1.037
1.062
1.087
1.112
1.138
1.163
900°
0.910
0.936
0.962
0.988
1.014
1.039
1.065
1.091
1.117
1.143
1.169
1000° or
greater
0.910
0.936
0.963
0.989
1.016
1.042
1,068
1.095
1.121
1.148
1,174
-------
TABLE IISTACK HEIGHT ADJUSTMENT IN FEET
I
OJ
STACK EXIT
VELOCITY
IN FT. /SEC:
0
5
10
15
20
25
30
35
40
45
50 OR
GREATER
200'
or
-18
-14
-10
- 7
- 3
0
+ 3
+ 7
+10
+14
+18
.. TEMPERATURE,
°F
less
.00
.40
.80
.20
.60
.00
.60
.20
.80
.40
.00
300°
-18.00
-13.99
- 9.99
- 5.98
- 1.97
+ 2.03
+ 6.04
+10.05
+14,06
+18.06
+22.07
DEGREES F., AT WHICH THE GASES LEAVE THE STACK
400°
-18.00
-13.68
- 9.37
- 5.06
- 0.74
+ 3.58
+ 7.89
+12.20
+16.52
+20.84
+25.15
500°
- 8.00
- 3.44
- 8.88
- 4.32
+ 0.24
+ 4.80
+ 9.36
+13.92
+18.48
+23.04
+27.60
600°
-18.00
-13.24
- 8.48
- 3.72
+ 1.04
+ 5.80
+10.56
+15.32
+20.08
+24.84
+29.60
700°
-18.00
-13.08
- 8.16
- 3.24
+ 1.68
+ 6.60
+11.52
+1J6.44
+21.36
+26.28
+31.20
800°
-18.00
-12.94
- 7.88
- 2.82
+ 2.24
+ 7.30
+12.36
+17.42
+22.48
+27.54
+32.60
900°
-18
-12
- 7
- 2
+ 2
+ 7
+13
+18
+23
+28
+33
.00
.82
.65
.47
.70
.88
.05
.22
.40
.58
.75
1000° or
greater
-18.00
-12.72
- 7.44
- 2.16
+ 3.12
+ 8.40
+13.68
+18.98
+24.24
+29.52
+34.80
NOTE FOR TABLES I AND II EXTRAPOLATION BELOW 100° F, OR ABOVE 1000° F., OR ABOVE 50 FT. PER SEC., IS
NOT PERMITTED.
-------
ALLOWABLE EMISSION FOR SULFUR COMPOUNDS
I ' v ''
(1) Sulfur In Compounds Other Than S02, S03, H2S04
(2) H2S04, S03
(3) S02
J^TTrT' "'!' "'
. rt '"'Tiil
;; LJ.. j_i.U.i:
4 : ,
.".''j1'-."^--^-''.''' J -i :
B*v;i!.'- «- ^
-35-
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(3.0) Subdiapter 8 - PERMITS AND CERTIFICATES
(1.0) 7:27-8.1 - DEFINITIONS
The following words and terms, when used in this Subchapter, shall
have the following meanings, unless the context clearly indicates
otherwise:
"Air Contaminant" means solid particles, liquid particles, vapors or
gases which are discharged into the outdoor atmosphere.
"Alteration" means any change made to equipment or control apparatus
or the use thereof, or in a process; including but not limited to any
physical change, change in material being processed or a change in the
rate of production except where such a production rate change does not
increase the quantity of air contaminant emitted or does not change the
quality or nature of the air contaminant emitted.
"Commerical fuel" means solid, liquid, or gaseous fuel normally
produced, manufactured, used or sold for the purpose of creating useful
heat.
"Control apparatus" means any device which prevents or controls the
emission of any air contaminant.
"Department" means the Department of Environmental Protection.
"Equipment" means any device capable of causing the emission of an
air contaminant into the open air, and any stack, chimney, conduit, flue,
duct, vent or similar device connected or attached to, or serving the
equipment. 'This shall include equipment in which the preponderance of
the air contaminants emitted is caused by the manufacturing process.
"Equivalent stack diameter" means the diameter of a circular cross
section having the same area as the non-circular cross sections at the
point of emission discharge.
"Incinerator" means any device, apparatus, equipment or structure
used for destroying, reducing or salvaging by fire any material or sub-
stance including but not limited to refuse, rubbish, garbage, trade
waste, debris or scrap or a facility for cremating human or animal remains,
"Liquid particles" means particles which have volume but are not of
rigid shape and which upon collection tend to coalesce and create uniform
homogeneous films upon the surface of the collecting media.
"Manufacturing process" means any action, operation or treatment
embracing chemical, industrial, manufacturing, or processing factors,
-36-
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mettidds or forms including, but not limited to, furnaces, kettles, ovens,
converters.;-1 cupolas, kilns, crucibles, stills, dryers, roasters,
crushers, grinders, mixers, reactors, regenerators, separators, filters,
reboilers, columns, classifiers, screens, quenchers, cookers, digesters,
towers, washers, scrubbers, mills, condensers or absorbers.
"Non-commercial fuel" means solid, liquid or gaseous fuel not
normally produced, manufactured, used or sold for the purpose of
creating useful heat.
"Particles" means any material, except uncombined water, which
exists as liquid particles or solid particles at standard conditions.
"Person" includes corporations, companies, associations, societies,
firms, partnerships and joint stock companies as well as individuals,
and shall also include all political subdivisions of this State or any
agencies or instrumentalities thereof.
"Solid.fuel" means a fuel which is fired as a solid, such as anthra-
cite or semianthracite coal, bituminous or sub-bituminous coal, lignite,
coke breeze, wood or any solid by-porduct of a manufacturing process
that.may be substituted for any of the above specifically mentioned fuels.
"Solid particles" means particles of rigid shape and definite volume.
"Source operation" means any manufacturing process or any identi-
fiable part thereof emitting an air contaminant into the outdoor atmos-
phere .through one or more stacks or chimneys.
"Stack or chimney" means a flue, conduit or opening designed, con-
structed, and/or utilized or the purpose of emitting air contaminants into
the outdoor air.
"Stack diameter" means the internal diameter of a circular stack at
the point of emission discharge.
"Standard conditions" shall be 70° F., and one atmosphere pressure
(14.7 psia or 760 mm Hg).
(3.0) . 7:27-8.2 - PERMITS AND CERTIFICATES REQUIRED
(a) Control apparatus and equipment for which a permit to construct
and a certificate to operate are required include:
1. All control apparatus:
2. Equipment used in a manufacturing process involving sur-
face coating, including but not limited to spray and dip painting, roller
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coating electrostatic depositing or spray cleaning, which emits air
contaminants into the open air and in which the quantity of material
used in any source operation is in excess of 10 pounds in any one
hour.
3. Equipment used in a manufacturing process involving sur-
face cleaning or preparation, including but not limited to degreasing,
etchino, pickling, or plating, which emits air contaminants into the
open air from a tank or vessel, the capacity of which is in excess of
one hundred gallons;
4. Equipment, used in a manufacturing process, other than as
set forth in subsections (a)2 and (a)3 of this Section, which emits
air contaminants into the open air either directly or indirectly and
in which the combined weight of all materials, excluding air and water,
introduced into any one source operation is in excess of 50 pounds in
any One hour;
5. Tanks, reservoirs, containers and bins used for the storage
of: ' "
i. Liquids, except water, including, but not limited to,
acids, solvents, diluents or thinners, inks, colorants, lacquers, enamels,
varnishes, liquid resins, gasolines, crude oils, petrochemicals, commer-
cial fuels, non-commercial fuels and petroleum derivatives; and having
a capacity in excess of 10,000 gallons;
ii. Solid particles including, but not limited to, binders,
fillers, foodstuffs, detergents, fluxes, catalysts, mineral wools, resins,
plastics, pigments, construction materials and solid fuels; and having a
capacity in excess of 2,000 cubic feet;
6.; Stationary material handling equipment using pneumatic,
bucket or belt conveying systems which emit air contaminants into the
open air either directly or indirectly;
7. Commercial fuel burning equipment having a heat input rate
of 1,000,000 BTU per hour or greater to the burning chamber;
8. Any equipment used for the burning of non-commercial fuel,
crude oil or process by-products in any form;
9. Any incinerator, except incinerators constrcuted, installed
or used in one or two-family dwellings or in multi-occpied dwellings
containing (6) six or less family units, one of which is owner occupied.
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(2.0) 7:27-8.3 - General Provisions
(a) No person shall construct, install or alter any equipment or
control apparatus without first having obtained a "Permit to Construct,
Install or Alter Control Apparatus or Equipment" for the Department.
Such permits may be cancelled if construction, installation or alteration
is not begun within one year from the date of issuance.
(b) No person shall use or cause to be used any new or altered
equipment or control apparatus without first having obtained a
"Certificate to Operate Control Apparatus or Equipment" from the
Department. Such certificates shall be valid for a period of five
years unless sooner revoked by the Department, and such certificates
may be revewed only after application to the Department not less than 90
days prior to their expiration date.
(c) Upon receipt of an application for the issuance of a "Certificate
to Operate Control Apparatus or Equipment" or any renewal thereof, the
Department may issue a temporary certificate valid for a period not to
exceed 90 days.
(d) Any person in possession of a "Certificate to Operate Control
Apparatus of Equipment" shall maintain said certificate readily avail-
able on the operating premises.
(e) No person shall use or cause to be used any equipment or control
apparatus unless:
- . 1-. All conditions and provisions of the "Permit to Construct,
Install or Alter Control Apparatus or Equipment" and "Certificate to
Operate Control Apparatus or Equipment" are fulfilled; and
2: All components connected or attached to, or serving the
equipment and/or control apparatus are functioning properly and are in
use in accordance with the "Permit to Construct, Install or Alter
Control Apparatus or Equipment" and "Certificate to Operate Control
Apparatus or Equipment".
(f) A "Certificate to Operate Control Apparatus or Equipment" shall
not be transferable either from one location to another or from one piece
of control, apparatus or equipment to another. A transfer from one person
to another is permissible provided such transfer is reported to the
Department within 90 days of the occurrence.
(g) The possession of a "Certificate to Operate Control Apparatus
or Equipment" does not relieve any person from the obligation to comply
with all other provisions of this Chapter.
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, (h) Permits and certificates issued under this Subchapter are
bas'ed uh emissions of air contaminants only and do not in any way void
the applicant's obligation to obtain necessary permits from other
governmental agencies.
(i) The provisions of subsections (a) and (b) of this Section
shall not apply to structural changes, repairs or maintenance, if such
changes, or repairs or maintenance will not change the quality, nature
or quantity of the air contaminant emitted.
(3.0) 7:27-8.4 - Applications for Permits and Certificates
(a) Applications for a "Permit to Construct, Install or Alter
Control Apparatus or Equipment" or a "Certificate to Operate Control
Apparatus or Equipment" shall be made to the Department on forms
provided by the Department.
(b) .The Department may require such details regarding the equipment
or control apparatus as it considers necessary to determine that the
.equipment or control apparatus is designed to operate without causing a
violation of any provisions of the New Jersey Air Pollution Control Act
or any provisions of codes, rules or regulations promulgated thereunder
and that the equipment or control apparatus incorporates advances in the
art of air pollution control developed for the kind and amount of air
contaminant,emitted by the applicant's equipment. Such information may
include description of processes, raw materials used, operating proce-
dures, physical and chemical nature of air contaminants, volume of gas
discharge and such other information as the Department considers necess-
ary.
(c) Before a "Certificate to Operate Control Apparatus or Equipment"
or any renewal thereof is issued, the Department may require the applicant
to conduct such tests as are necessary in the opinion of the Department
to determine the kind and/or amount of air contaminants emitted from the
equipment or control apparatus. Such tests shall be conducted in a
manner approved by the Department and shall be made at the expense of
the applicant who shall give the Department no less than 48 hours
advance notice of the time of the start of the test. The test results
shall be reviewed and certified by the New Jersey licensed Professional
Engineer, or by an Industrial Hygienist who has been certified by the
American'Board of Industrial Hygiene.
. ' (d) Any person applying for a "Certificate to Operate Control
Apparatus or Equipment" or a renewal thereof, or to whom such certificate
has been issued shall, when requested by the Department, provide such
sampling facilities exclusive of instrumentation and sensing devices as
may be necessary for the Department to determine the kind and/or amount
of air contaminants emitted from the equipment and/or control apparatus.
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During such testing by the Department, the equipment and/or control
apparatus shall be operated under such conditions within their capacities
as may be requested by the Department. The facilities may be either
permanent or temporary, at the discretion of the person responsible
for their provision, and shall conform to all applicable laws and
regulations concerning safe construction and safe practice.
(2.0) 7:27-8.5 - Service Fees
(a) Any person subject to the provisions of this Subchapter,
except as noted in subsection 8.5 (g), shall submit with each
application for a "Permit to Construct, Install or Alter Control
Apparatus or Equipment", as an integral part thereof, a service fee in
accordance with the following schedule:
$40:00 Base fee per "Permit to Construct, Install, or Alter
Control Apparatus or Equipment" which fee shall also
include the associated initial temporary "Certificate
to Operate" and initial permanent "Certificate to Operate
Control Apparatus or Equipment".
An Incremental Additional
the Table shown below
Plus
Service Fee to be drived from
INCREMENTAL ADDITIONAL SERVICE FEE
Stack Diameter
or Equivalent
Stack Diameter
1
Not
Less
Than
__
5
7
9
12
15
20ft.
2
But
Less
Than
5ft.
7
9
12
15
20
and Greater
Additional
Fee
3
$ 0.00
50.00
100.00
150.00
250.00
350.00
' 450:00
INSTRUCTIONS
1. Determine the stack diameter range
or equivalent stack diameter range
(feet).
2. From Columns 1 and 2, locate the
applicable stack diameter range.
3. Add the additional service fee in
the corresponding entry of Column
3 to the base fee.
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(b) Any person subject to the provisions of this Subchapter shall
submit with an application for renewal for a permanent "Certificate to
Operate Control Apparatus or Equipment", as an integral part thereof,
a service fee 'Of $20.00 for each such renewal.
(c) Any person applying for a transfer fo title from one person to
another for a permanent or a temporary "Certificate to Operate Control
Apparatus or Equipment" shall submit a service fee of $10.00 as an
integral part of each group of such applications, regardless of the
number of Certificates affected by such applications.
(d) Services fees shall be submitted in the form of a certified
check or postal order payable to the order of the New Jersey Bureau of
Air Pollution Control.
(e) No service fee(s) or portions thereof rendered in accordance
with any provisions of this Subchapter shall be returnable except in the
case of overpayment due to miscalculation of the required fee.
(f) No additional service fee(s) will be levied if the information
on the first suljmittal is found deficient and the applicant is required
to provide additional information provided the additional information
does not affect the service fee established in subsection 8.5 (a).
(g) Any person submitting an application for a "Permit to Construct,
Install or Alter Control Apparatus or Equipment" for any storage tank
shall include, as an integral part thereof, a service fee of $10.00
provided that such an application is solely for the painting of said
storage tank subject to the provisions of Subchapter 16 of this Chapter.
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(51.6) Subchapter 9 - CONTROL AND PROHIBITION OF AIR POLLUTION FROM
. SULFUR DIOXIDE CAUSED BY THE COMBUSTION OF
. FUEL
(1.0) 7:27-9.1 - DEFINITIONS
The following terms as used in this Chapter shall mean and
include:
COMMERCIAL FUEL: Liquid or gaseous fuel normally produced, manu-
factured, used or sold for the purpose of creating useful heat.
NON-COMMERCIAL FUEL: Liquid or gaseous fuel not normally produced,
manufactured, used or sold for the purpose of creating useful heat.
FUEL OIL: A liquid or liquefiable petroleum product burned for
lighting or for the generation of heat or power and derived directly
or indirectly from crude oil.
VISCOSITY: The measure of a fluid's resistance to flow.
I
SSU VISCOSITY: The number of seconds it takes 60 cubic centimeters
of an oil to flow through the standard orifice of a Saybolt Universal
viscometer at 100" F.
SULFUR; DIOXIDE ($02): A colorless gas at standard conditions which
has the molecular formula S02-
STACK 'OR CHIMNEY: A flue, conduit or opening permitting particulate
or gaseous emissions into the open air, or constructed or arranged for
such purpose.
CARBON DIOXIDE (C0£): A colorless, odorless gas at standard condi-
. tions which has the molecular formula
FUEL MERCHANT: Any person who stores, offers for sale, or sells
commercial fuel in retail or wholesale trade, excluding agents, brokers,
wholesalers, distributors, or producers who sell commercial fuel for use
in single steam and/or electric power generation facilities having rated
hourly capacities that equal or exceed two hundred (200) million BTU gross
input or in a group of steam and/or electric power generation facilities
at one location having a combined rated capacity which equals or exceeds
four hundred and fifty (450) million BTU gross heat input.
(50.2) 7:27-9.2 - COMMERCIAL FUEL OIL
On and after the effective date listed therein no fuel merchant shall
store, offer for sale, sell, deliver for use or exchange in trade, for use
in New Jersey, and no person shall use commercial fuel oils which contains
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sulfur in excess of the precentages by weight set forth in the follow-
ing table: .
Grades of
Commercial
Fuel Oil
No. 2 &
lighter
No. 4
No. 5, No. 6
& heavier
Classification by
SSU Viscosity
at 10Q° F.
Less than or
equal to 45
Greater than
45 but less
than 145
Equal to
or greater
than 145
Percent Sulfur by Weight
Effective Effective Effective
10/1/70
5/1/68
0.3%
0.7%
1.0%
0.3%
0.4%
0.5%
10/1/71
0.2%
0.3%
0.3%
The provisions of Section 9.2 shall not apply in any case in which
it is. demonstrated to the Department that sulfur dioxide emissions, caused
by the combustion of commercial fuel oils, from any stack or chimney into
the outdoor atmosphere, can be controlled to levels that, on and after
the effective dates listed herein, do not exceed at any time those quani-
ties of sulfur dioxide, expressed in pounds per one (1) million BTU gross
heat input, set forth in the following table:
Grades of
Commercial
Fuel Oil
No. 4
No. 5, No. 6
& heavier
Classification Permissible S02 Emissions
SSU Viscosity (Pounds S00 per Million BTU Gross Heat Input)
_ ^ T /\rtU ^ r*^^*5(
at 100U F.
Greater than
45 but less
than 145
Equal to
or greater
than 145
Effective
5/1/68
0.741bs.
l.llbs.
Effective
10/1/70
0.421bs.
0.521bs.
Effective
10/1/71
0.301bs,
O.SOlbs,
(50.2) 7:27-9.3 -: NON-COMMERCIAL FUEL
On and after May 1, 1968 no person shall cause, suffer, allow or per-
mit sulfur, dioxide, caused by the combustion of non-commercial fuel or the
combustion of non-commercial and commercial fule mixtures, to be discharged
from any stack or chimney into the outdoor astmosphere at any time in
excess of 640 pntn by volume adjusted tn twelve (12) percent carbon dioxide
by volume; and, on and after October 1, 1971 no person shall cause, suffer,
allow or permit sulfur dixoide, caused by the combustion of non-commercial
fuel or the combustion of non-cormercial and commercial fuel mixtures, to
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be discharged from any stack or chimney into the outdoor atmosphere
at any time in excess of 310 ppm by volume adjusted to twelve (12)
percent carbon dioxide by volume.
Any person responsible for the discharge of sulfur dixoide, caused
by the combustion of non-commercial fuel or the combustion of non-comm-
ercial and commercial fuel mixtures, from any stack or chimney into the
outdoor atmopshere shall provide the facilities and necessary equipment
and shall conduct stack tests using methods approved by the Department.
Such tests shall include a determination of the percent by volume of
the concentrations of sulfur dioxide and carbon dioxide at the sampling
point in the stack or chimney, and the data shall be recorded in a
permanent log at least once each hour. This data shall be maintained
for a period of not less than one year and shall be available for review
by the Department.
(2.0) 7:27-9.4 - EXEMPTIONS
.(a) The provisions of this chapter shall not apply to commercial
fuel used by ocean-going vessels or in internal combustion engines.
(b) The requirements of this chapter which are to become effective
on October 1, 1970 and October 1, 1971 shall not apply to commercial fuel
used in Atlantic, Cape May, Cumberland, Hunterdon, Ocean, Sussex and
Warren Counties.
(c) .The requirements of this chapter shall not preclude the use
after May 1, 1968 of any commercial or non-commercial fuel on hand at
the place of use on May 1, 1968.
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(51.6) Subchapter 10 - CONTROL AND PROHIBITION OF AIR POLLUTION FROM SULFUR
DIOXIDE CAUSED BY THE COMBUSTION OF COAL
(1.0) 7:27-10.1 - DEFINITIONS
The following terms as used in this Chapter shall mean and include:
COAL: Anthracite coal, bituminous coal, and coke.
ANTHRACITE COAL: A hard, black lustrous coal containing 85-95
percent carbon, characterized by its small percentage of volatile
matter, high specific gravity, hardness, nearly metallic luster, rich
black color and semiconchoidal fracture. Volatile matter is usually
less than seven percent.
BITUMINOUS COAL: A coal containing 70-85 percent carbon having
usually more than seven percent volatile matter.
COKE: Coke is the fused, cellular, porous structure that remains
after free moisture and the major portion of the volatile materials
have been distilled from bituminous coal and other carbonaceous
material by the application of heat in the absence of air or in the
presence of a limited supply of air.
COAL MERCHANT: Any person who stores, offers for sale or sells
coal in retail or wholesale trade, excluding agents, brokers, wholesalers,
distributors or producers who sell coal for use in single steam and/or
electric power generating facilities having rated hourly capacities that
equal or exceed two hundred (200) million BTU gross heat input, or in a
group of steam and/or electric power generating facilities at one location
having a combined rated capacity which equals or exceeds four hundred
and fifty (450) million BTU gross heat input.
APPROVED STACK-GAS CLEANING PROCESS: A process which removes sulfur
dioxide from the products of combustion of coal and which has been
approved by the Department.
SULFUR DIOXIDE (SOj: A colorless gas at standard conditions
which has the molecular formula S0?.
STACK OR CHIMNEY: A flue, conduit or opening permitting particulate
or gaseous emissions into the open air, or constructed or arranged for
such purpose.
CAMNEL COAL: A free burning variety of high volatile content bitu-
minous or subbituminous composed almost entirely of attritus, of uniform
and compact fine-grained texture with a general absence of banded structure,
dark gray to black in color with a greasy luster, noticeably of conchoidal
or shell-like fracture and which ignites easily, is non-caking and does
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not swell .on heating,
(50.2) 7:27-10.2 - SULFUR CONTENT STANDARDS
(a) On and after the effective dates listed, no coal merchant
shall store, offer for sale, sell, deliver for use, or exchange in
trade, for use in New Jersey, bituminous and/or anthracite coal
containing sulfur in excess of the percentages by weight set forth
in the following table;
Type Coal Percent Sulfur by Weight (Dry Basis)
Effective Effective
5/6/68 10/1/71
Bituminous 1.0% 0.2%
Anthracite 0.7% 0.2%
(b.) On and after May 6, 1968 no person shall use bituminous and/or
anthracite coal containing sulfur in excess of the precentages by weight
set forth in the following table;
Type Coal Percent Sulfur by Weight (Dry Basis)
Bituminous 1.0%
Anthracite 0.7%
(c) The provisions of Subsection (b) shall not apply:
1. In any case in which by use of an approved stack gas clean-
ing process it is demonstrated to the Department that sulfur dioxide
emissions, caused by the combustion of bituminous coal, from any stack or
chimney into the outdoor atmosphere can be controlled to levels that do
not exceed at any time 1.5 pounds of sulfur dioxide per one (1) million
BTU gross heat input, or whenever any person can demonstrate that sulfur
dioxide emissions, caused by the combustion of anthracite coal, from
any stack or chimney into the outdoor atmosphere can be controlled
to levels that do not exceed at any time 1.0 pounds of sulfur dioxide per
one (1) million BTU gross heat input.
2. In any case in which the person responsible for the use of
bituminous coal believes that bituminous coal containing one (1) percent
sulfur or-less by weight cannot be used in a specific steam and/or
electric power generating facility, he may submit data to the Department
setting forth justification for a less restrictive percent of sulfur
content by weight in bituminous coal. If a change is approved by the
Department,-the Department shall authorize the use of a less restrictive
percentage of sulfur by weight in bituminous coal. Any less restrictive
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percent of.,sulfur content by weight in bituminous coal authorized by the
Department shall not exceed 1.5 percent at any time.
(d) On and after October 1, 1971 no person shall use bituminous
and/or anthracite coal containing sulfur in excess of 0.20 percent by
weight.
(e) The provisions of subsection (d) shall not apply:
" 1. In any case in which it is demonstrated to the Department
that sulfur dioxide emissions, caused by the combustion of bituminous'
and/or anthracite coal, from any stack or chimney into the outdoor atmos-
phere can be controlled to levels that do not exceed, at any time, 0.30
pounds of sulfur dioxide per one (1) million BTU gross heat input.
2. In any case in which the person responsible for the use of
bituminous and/or anthracite coal in a coal-fired steam and/or electric
power generating facility in existence prior to May 6, 1968 can demon-
strate to the Department:
a. That a single bituminous and/or anthracite coal-
fired: steam and/or electric power generating facility has a rated hourly
capacity that equals or exceeds two hundred (200) million BTU gross heat
input, or
b. That a group of bituminous and/or anthracite coal-
fired steam and/or electric power generating facilities at one location
has a combined rated hourly capacity which equals or exceeds four hundred
fifty (450) million BTU gross heat input.
The Department may authorize such a facility or group of
facilities at one location to use bituminous coal containing sulfur not
at any time in excess of 1.0 percent by weight, subject to the exception
as provided in Subsection (c)2, or anthracite coal containing sulfur not
at any time in excess of 0.70 percent by weight.
(f) :0n and after May 6, 1968 no person shall store, offer for sale,
selli deliver for use, exchange in trade, for use in New Jersey, or use
coke containing sulfur in excess of 0.65 percent by weight.
(51.6) 7:27-10.3 - EXPANSION, RECONSTRUCTION, OR CONSTRUCTION OF COAL-FIRED
FUEL BURNING FACILITIES
(a) On and after May 6, 1968 no person shall expand or reconstruct
existing coal-fired steam and/or electric power generating facilities or
build new coal-fired steam and/or electric power generating facilities
having rated hourly capacities that equal or exceed, or would equal or
exceed as a result of expansion and/or reconstruction, one (1) million
BTU grofs heat input.
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(b) The provisions of Subsection (a) shall not apply whenever any
person responsible for the construction, reconstruction, or expansion
of a coal-fired steam and/or electric power generating facility having
a rated hdurly capacity that equals or exceeds, or would equal or exceed
as a result of expansion and/or reconstruction, one (1) million BTU
gross heat input can demonstrate:
1-. that sulfur dioxide emissions, caused by the combustion of
bituminous and/or anthracite coal, from any stack or chimney into the
outdoor atmosphere can be controlled to levels that do not exceed at any
time 0.30 pounds of sulfur dioxide per one (1) million BTU gross heat
input, or
2. that the bituminous and/or anthracite coal used to fire
such a facility will at no time contain more than 0.20 percent sulfur
by weight.
(2.0) 7:27-10.4 - EXEMPTIONS
(a) The provisions of this Chapter shall not apply to coal used
by ocean-going vessels.
(b) The requirements of this Chapter which are to become effective
on October 1, 1971 shall not apply to coal used in Atlantic, Cape May,
Cumberland, Hunterdon, Ocean, Sussex and Warren Counties.
(c) The requirements of this Chapter shall not preclude the use
after May 6, 1968 of any coal on hand at the place of use on May 6, 1968.
(d) In any case in which it is demonstrated to the Department that
a- bona fide pilot plant installation of a stack-gas cleaning process is
to be made, the use of non-conforming coal to the extent necessary, in
the judgement of the Department, to evaluate the effectiveness of the
process will not be prohibited by this Chapter.
(e) The provisions of Subsection 10.2(a) which are to become
effective on October 1, 1971 and the provisions of Subsection 10.2(d)
shall not apply to anthracite coal or to cannel coal burned solely for
heating purposes in combustion equipment in use in one or two family
residences on or before October 1, 1971 for such purpose.
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(51.9) Subchapter.il - INCINERATORS
(1.0) 7:27-11.1 -DEFINITIONS
The following terms as used in this Chapter shall mean and
include:
INCINERATOR: Any device, apparatus, equipment or structure used
for destroying, reducing or salvaging by fire any material or substance
including but not limited to refuse, rubbish, garbage, trade waste,
debris or scrap or a facility for cremating human or animal remains.
COMMON INCINERATOR: An incinerator designed and used to burn waste
materials of Types 0,1,2, and 3 only, in all capacities not exceeding
2,000 pounds per hour of waste material input.
SPECIAL INCINERATOR: Municipal, pathological waste, or trade waste
incinerator of any burning capacity, or any incinerator with a burning .
capacity in excess of 2,000 pounds per hour.
MUNICIPAL INCINERATOR: Any incinerator owned or operated by govern-
ment or by a person who provides incinerator service to government or
others, and designed and used to burn waste materials of any and all
types, 0 to 6 inclusive.
PATHOLOGICAL WASTE INCINERATOR: An incinerator designed and used
to burn Type 4 waste materials, primarily human and animal remains, in
al-1 burning capacities. Crematoriums are included in this category.
TRADE WASTE INCINERATOR: An incinerator designed and used to burn
waste material primarily of Types 5 and 6, either separately or together
with waste materials of Types 0,1, and 3.
TYPE 0 WASTE: Trash, a mixture of highly combustible waste such as
paper, cardboard cartons, wood boxes and combustible floor sweepings,
containing approximately 10% moisture and 5% incombustible solids, and
having a heating value of approximately 8500 BTU per pound as fired, and
deriving from commercial and industrial activities. The mixtures contain
up to 10% by weight of plastic bags, coated paper, laminated paper,
treated corrugated cardboard, oily rags and plastic or rubber scraps.
TYPE 1 WASTE: Rubbish, a mixture of combustible waste such as
paper, cardboard cartons, wood scraps, foliage and combustible floor
sweepings, containing approximately 25% moisture and 10% incombustible
solids and having a heating value of approximately 6500 BTU per pound
as fired, and deriving from domestic, commercial and industrial activities.
The mixture contains up to 20% by weight of restaurant or cafeteria waste,
but contains little or no treated paper, plastic or rubber wastes.
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,. TYPE 2 WASTE: Refuse, consisting of an approximately even mixture
of rubbish and garbage by weight, containing up to 50% moisture and
approximately 7% incombustible solids, and having a heating value of
approximately 4300 BTU per pound as fired, and commonly deriving from
apartment and residential occupancy.
TYPE 3 WASTE: Garbage, consisting of animal and vegetable wastes
containing up to 70% moisture and up to 5% incombustible solids and
having a heating value of approximately 2500 BTU per pound as fired and
deriving from restaurants, cafeterias, hotels, hospitals, markets,
and like installations.
TYPE 4 WASTE: Human and animal remains, consisting of carcasses,
organs and solid organic wastes from hospitals, laboratories, abattoirs,
animal pounds, and similar sources, consisting of up to 85% moisture
and approximately 5% incombustible solids and having a heating value of
approximately 1,000 BTU per pound as fired.
TYPE 5 WASTE: By-product waste, gaseous, liquid or semi-liquid,
such as tar.* paints, solvents, sludge, fumes, et cetera, from industrial
operations..
TYPE 6 WASTE: Solid by-product waste, such as rubber, plastics,
wood waste, et cetera, from industrial operations.
MULTIPLE CHAMBER INCINERATOR: Any incinerator with two or more
refractoryr.lined combustion chambers in series physically separated by
refractory walls, interconnected by gas passages, and employing adequate
design parameters necessary for maximum combustion of the waste materials.
NEW INCINERATOR: Any incinerator purchased or constructed after
the effective date of this Chapter.
EXISTING INCINERATOR: Any incinerator purchased, acquired, or used
before the. effective date of this Chapter.
DEPARTMENT: The State Department of Health.
SINGLE FLUE-FED INCINERATOR: An incinerator provided with a single
flue which serves as both the charging chute and the flue to transport
products of combustion to the atmosphere.
PARTICLES: Any material, except uncombined water which exists in a
finely divided form as liquid particles or solid particles at standard
conditions.
LIQUID PARTICLES: Particles which have volume but are not of rigid
shape and which upon collection tend to coalesce and create uniform
homogeneous films upon the surface of the collecting media.
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SOLID PARTICLES: Particles of rigid shape and definite volume,
STANDARD CONDITIONS: Shall be 70° F. and one atmosphere pressure
(14.7 psia or 760 mm Hg).
AUXILIARY FUEL: Fuel other than waste materials used to attain
temperatures sufficiently high, (a) to dry and ignite waste materials
(b) to maintain ignition thereof, or (c) to effect complete combusiton
of combustible solids, vapors and gases.
SMOKE: Shall mean and include small gasborne and air-borne
particles arising from a process of combustion in sufficient number to be
observable.
RINGELMANN SMOKE CHART: Shall be the Ringelmann Scale for Grading
the Density of Smoke published by the U. S. Bureau of Mines or any
chart, recorder, indicator or device for the measurement of smoke density
which is approved by the Department as the equivalent of said Ringelmann
Scale.
CONTROL APPARATUS: Any device which prevents or controls the
emission of any air contaminant.
(2.0) 7:27-11.2 - CONSTRUCTION STANDARDS
. .(a) MULTIPLE CHAMBERS
H. No person shall construct, install, use or cause to be used
any new incinerator unless such incinerator is of the multiple chamber
type or of a type approved by the Department as being equally effective
for the purpose of air pollution control.
2. Two years from the effective date of this Chapter, no
person shall use or cause to be used an existing incinerator unless
such incinerator is of the multiple chamber type or of a type approved
by the Department as being equally effective for the purpose of air
pollution control.
(b) No person shall construct, install, use, or cause to be used
any new single flue-fed incinerator.
(50.0) 7:27-11.3 - EMISSION STANDARDS
(a) PARTICLES
:1. No person shall construct, install, use, or cause to be
used any new common incinerator or alter or relocate and use or cause
to be used any existing common incinerator which will emit more than 0.2
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grains of particles including ash per cubic foot of dry flue gas at
standard conditions corrected to 12 percent carbon dioxide by volume
excluding the contribution of auxiliary fuel.
2. No person shall construct, install, use, or cause to be
used any new special incinerator or alter or relocate and use or cause
to be used any existing special incinerator which will emit more than
0.1 grains of particles including ash per cubic foot of dry flue gas
a.t standard conditions corrected to 12 percent carbon dioxide by volume
excluding the contribution of auxiliary fuel.
3. Two years from the effective date of this Chapter, no person
shall use or cause to be used any existing common incinerator which will
emit more than 0.2 grains of particles, including ash per cubic foot of
dry flue gas at standard conditions corrected to 12 percent carbon
dioxide by volume excluding the contribution of auxiliary fuel.
4. Two years from the effective date of this Chapter, no
person shall use or cause to be used any existing special incinerator
which will.emit more than 0.1 grains of particles, including ash per
cubic foot of dry flue gas at standard conditions corrected to 12 percent
carbon dioxide by volume excluding the contribution of auxiliary fuel.
(b) SMOKE
1. The provisions of Subchapter 3 of the New Jersey Air
Pollution Control Code insofar as they relate to smoke from incinerators
are superseded by this section.
2. No person shall cause, suffer, allow or permit smoke from
any incinerator the shade or appearance of which is darker than No. 1 of
the'Ringelmann Smoke Chart to be emitted into the open air; or emissions
of such opacity within a stack or chimney, or exclusive of water vapor,
of such opacity leaving a stack or chimney to a degree greater than the
emission designated as No. 1 of the Ringelmann Smoke Chart.
3. The provisions of Subsection (b)2 shall not apply to smoke
emitted during the building of a new fire, the shade or appearance of
which is not greater than No. 2 of the Ringelmann Smoke Chart for a
period of three consecutive minutes; or emissions of such opacity within
a stack or,:chimney, or exclusive of water vapor, of such opacity leaving
a stack or chimney to a degree greater than the emission designated as
No. 2 of the Ringelmann Smoke Chart for a period greater than three
consecutive minutes.
(c) UNBURNED WASTE AND ASH
No person shall cause, suffer, allow, or permit the emission
of particles of unburned wastes or ash from any common incinerator or
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from any special incinerator which are individually large enough to
be visible while suspended in the atmosphere.
(d) ODORS
No person shall construct, install, use or cause to be used
any common incinerator or any special incinerator which will result
in odors being detectable by sense of smell in any area of human use
or occupancy.
(e) STACK TEST
1. Any person responsible for the construction, installation,
alteration, or use of an incinerator shall, when ordered by the Department,
provide the facilities and necessary equipment for determining the density
of smoke being discharged from a stack or chimney and shall conduct such
smoke tests using methods approved by the Department. All smoke test
data shall be recorded in a permanent log at such time intervals as
specified by the Department. The data shall be maintained for a period
of'not less than one year and shall be available for review by the
Department.
2. Any person responsible for the use of a new or existing
incinerator shall upon request of the Department provide such sampling
facilities and testing facilities exclusive of instruments and sensing
devices as may be necessary for the Department to determine the nature
and quantity of emissions from such incinerators and shall, during
such testing, operate the incinerator at a charging rate of waste no
less than the designed capacity of the incinerator using materials
representative of the types of wastes normally burned. Such facilities
may be either permanent or temporary, at the discretion of the person
responsible for their provision, and shall conform to all applicable
laws and regulations concerning safe construction or safe practice.
(3.0) 7:27-11.4 - PERMIT TO CONSTRUCT AND CERTIFICATE TO OPERATE
(a) No person shall construct or install any new incinerator,
or any new control apparatus, or alter any existing incinerator, or any
existing control apparatus without first having obtained a "Permit to
Construct, Install or Alter Control Apparatus or Equipment" from the
Department, in accordance with the provisions of Chapter 9 of the New
Jersey Air -Pollution Control Code.
(b) No person shall use or cause to be used any new or altered
incinerator, or any new or altered control apparatus without first having
obtained ai "Certificate to Operate Control Apparatus or Equipment" from
the Department, in accordance with the provisions of Subchapter 8 of the
New.Jersey Air Pollution Control Code.
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(2.0) 7:27-11.5 - OPERATION
(a) Written procedures to be followed for proper operation and
maintenance of a new incinerator, or an altered existing incinerator,
shall be submitted to the Department for review and approval together
with the application for a certificate to operate.
(b) Any person in possession of a "Certificate to Operate" an
incinerator shall maintain said certificate readily available on the
operating premises. Operating procedures and rated burning capacity of
the incinerator shall be posted at a convenient place as near as
practical to the point of operation.
(c) No person shall use or cause to be used any incinerator unless
all components connected, or attached to, or serving the incinerator,
including control apparatus, are functioning properly and are in use,
in accordance with the permit to construct, and the certificate to
operate.
(2.0) 7:27-11.6 - EXCEPTIONS
The provisions of this Chapter shall not apply to incinerators.
installed or used in one or two family dwellings or in multi-occupied
dwellings containing six or less family units one of which is owner
occupied. .
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(8.0) Subchapter 12 - PREVENTION AND CONTROL OF AIR POLLUTION
EMERGENCIES
(1.0) 7:27-12.1 - DEFINITIONS
The following terms as used in this Chapter shall mean and include:
AIR CONTAMINANT: Solid particles, liquid particles, vapors or
gases which are discharged into the outdoor atmosphere.
PRIMARY METALS INDUSTRIES: Establishments engaged in the smelting,
refining, sintering and alloying of ferrous and non-ferrous metals from
ore, pig or scrap, and the manufacture of castings, forgings, powdered
metals and other basic products of ferrous or non-ferrous metals,
including the production of coke.
PETROLEUM REFINING AND RELATED INDUSTRIES: Establishments engaged
in petroleum refining, the manufacture of paving and roofing materials
from petroleum products and compounding paving and building materials
from petroleum products.
CHEMICAL AND ALLIED PRODUCTS INDUSTRIES: Establishments engaged
in the manufacture of (1) basic chemicals such as acids, alkalies, salts,
industrial gases and organic chemicals, (2) chemical products to be used
in further manufacturing such as synthetic fibers, plastics, dry colors
and pigments, (3) finished chemical products to be used for ultimate
consumption such as drugs, cosmetics, soap, paints, fertilizers and
explosives.
PAPER AND ALLIED PRODUCTS INDUSTRIES: Establishments engaged in
manufacturing wood pulp from wood or other materials and the manufacture
of paper, paperboard and building papers.
GLASS, CLAY AND CONCRETE PRODUCTS INDUSTRIES: Establishments engaged
in the manufacture of glass, glassware, textile fibers, glass insulation
wool, structural clay products, concrete products, gypsum and plaster
products, lime, abrasives and asbestos.
(8.0) 7:27-12.2 - EMERGENCY CRITERIA
A condition justifying proclamation by the Governor of an AIR
POLLUTION ALERT, AIR POLLUTION WARNING, or AIR POLLUTION EMERGENCY shall
be deemed to>exist whenever the Commissioner determines that the
accumulation of air contaminants in any place, locality, county or other
area in the state is attaining or has attained levels which could, if
such levels are sustained or exceeded, lead to a threat to the health of
the public. Such determinations shall be in accordance with criteria
published in the New Jersey Register and on file with the Department.
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(8.0) 7:27-12.3 - CRITERION FOR EMERGENCY TERMINATION
In making a determination that the threat resulting from the
accumulation of air contaminants no longer exists, the Commissioner
shall be guided by measurements of air quality and advisories provided by
the United States Weather Service.
(2.0) 7:27-12.4 - STANDBY PLANS
(a) Any person responsible for the operation of a source of air con-
tamination as set forth in Table 1 of this Section shall prepare
standby plans, consistent with good industrial practice and safe
operating procedures, for reducing the emission of air contaminants
into the outdoor atmosphere during periods of an AIR POLLUTION ALERT,
AIR POLLUTION WARNING, and AIR POLLUTION EMERGENCY. Standby plans
shall be designed to reduce or eliminate emissions of air contaminants
into the outdoor atmosphere in accordane with the objectives set forth
in Tables I-III which are made a part of this Section.
'(b) Any person responsible for the operation of a source of air
contamination not set forth under Subsection (a) shall, when requested
by the Department in writing, prepare standby plans, consistent with
good industrial practice and safe operating procedures, for reducing
the emission of air contaminants into the outdoor atmosphere during
periods of an AIR POLLUTION ALERT, AIR POLLUTION WARNING, and AIR
POLLUTION EMERGENCY. Standby plans shall be designed to reduce or
eliminate emissions of air contaminants into the outdoor atmosphere
in accordance with the objectives set forth in Tables I-III.
(c) Standby plans as required under Subsections (a) and (b) shall
be in writing and show the source of air contamination, the approximate
amount of reduction of contaminants and a brief description of the
manner in which the reduction will be achieved during an AIR POLLUTION
ALERT, AIR 'POLLUTION WARNING, and AIR POLLUTION EMERGENCY.
(d) During a condition of AIR POLLUTION ALERT, AIR POLLUTION
WARNING, and AIR POLLUTION EMERGENCY, Standby plans as required by this
Section shall be made available on the premises to any person
authorized to enforce the provisions of the Air Pollution Emergency
Control Act.
(e) Standby plans as required by this section shall be submitted
to the Department upon request within thirty days of the receipt of
such request; such standby plans shall be subject to review and approval
by the Department. If, in the opinion of the Department, such standby
plans do no effectively carry out the objectives as set forth in Tables
I-III, the Department may disapprove said standby plans, state its reason
for disapproval and order the preparation of amended standby plans within
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the time period specified in the order. Any person aggrieved by the
order requiring the preparation of a revised plan is entitled to a
hearing in accordance with C.26:20-14.1 of the Air Pollution Control
Act. If the person responsible fails within the time period specified
in the order to submit an amended standby plan which in the opinion
of the Department meets the said objectives, the Department may revise
the standby plan to cause it to meet these objectives. Such revised
plan will thereafter be the standby plan which the person responsible
will put into effect upon the issuance of an appropriate order by
the Governor.
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TABLE I - EMISSION REDUCTION OBJECTIVES
Source of Air Contamination
Air Pollution Alert
1. Coal or oil-fired electric
power generating facilities,
a. Substantial reduction by utiliza-
tion of fuels having lowest available
ash and sulfur content.
b. Maximum utilization of mid-day
(12:00 Noon to 4:00 P.M.) atmospheric
turbulence for boiler lancing and
soot blowing.
c. Substantial reduction by
diverting electric power generation
to facilities outside of Alert Area.
2. Coal or oil-fired process
steam generating facilities
having capacity to burn
in excess of four tons of
coal per hour or 600 gallons
of fuel oil per hour.
a. Substantial reduction by utili-
zation of fuels having lowest
available ash and sulfur content.
b. Maximum utilization of mid-day
(12:00 Moon to 4:00 P.M.) atmospheric
turbulence for boiler lancing and
soot blowing.
c. Reduction of steam load demands
consistent with continuing plant
operations.
Manufacturing industries
of the following classi-
fications which employ
more than twenty (20) employ-
ees at any one location:
Primary Metals Industries
Petroleum Refining and
Chemical and Allied Products
Industries
Paper and Allied Products
Industries
Glass, Cl.ay, and Concrete
Products Industries
AND
Other persons required
by the Department to prepare
standby plans.
a. Substantial reduction of air
contaminants from manufacturing
operations by curtailing, postponing,
or deferring production and allied
operations.
b. Maximum reduction by deferring
trade waste disposal operations
which emit particles, gases, vapors
or malodorous substances.
c. Reduction of heat load demands
for processing consistent with
continuing plant operations.
d. Maximum utilization of mid-day
(12:00 Noon to 4:00 P.M.) atmospheric
turbulence for boiler lancing or
soot blowing.
4. Municipal and commercial
refuse disposal operations.
a. Maximum reduction by prevention
of open burning on all refuse
disposal areas.
b. Sustantial reduction by limiting
burning of refuse in incinerators to
the hours between 12:00 Noon and 4:00
P.M.
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TABLE II - EMISSION REDUCTION OBJECTIVES
> Source of .Air Contamination
Air Pollution Warning
1. Coal or oil-fired electric
power generating facilities
a. Maximum reduction by utilization
of fuels having lowest available
ash and sulfur content.
b. Maximum utilization of mid-day
(12:00 Noon to 4:00 P.M.) atmospheric
turbulence for boiler lancing and
soot blowing.
c. Maximum reduction by diverting
electric power generation to facili-
ties outside of Warning Area.
2. Coal or oil-fired process
steam generating facilities
having a capacity to burn
in excess of four tons of
coal per hour or 600
gallons of fuel oil per
hour
a. Maximum reduction by utilization
of fuels having the lowest available
ash and sulfur content.
b. Maximum utilization of mid-day
(12:00 Noon to 4:00 P.M.) atmospheric
turbulence for boiler lancing and
soot blowing.
c. Reduction of steam load demands
consistent with continuing plant
operations.
d. Making ready for use a plan of
action to be taken if an emergency
develops.
3. A Manufacturing industries
of the following classifica-
tions which employ more
than twenty (20) employees
at any one location:
Primary Metals Industries
Petroleum Refining and
Related Industries
Chemical and Allied
Products. Industries
Paper and Allied Products
Industries
Glass, Clay and Concrete
Products Industries
AND
B Other persons required by
the Department to prepare
standby plans.
a. Maximum reduction of air contami-
nants from manufacturing operations
by, if necessary, assuming reasonable
economic hardship by postponing
production and allied operations.
b. Maximum reduction by deferring
trade waste disposal operations
which emit particles, gases, vapors
or malodorous substances.
c. Reduction of heat load demands
for processing consistent with
continuing plant operations.
d. Maximum utilization of mid-day
(12:00 Noon to 4:00 P.M.) atmospheric
turbulence for boiler lancing or
soot blowing.
4. Municipal and commercial
refuse disposal operations.
a. Maximum reduction by prevention
of open burning on all refuse disposal
areas.
b. Complete elimination of the use
of incinerators.
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TABLE III - EMISSION REDUCTION OBJECTIVES
Source of Air Contamination
~V. Coal or oil-fired electric
power generating facilities.
Air Pollution Emergency
a. Maximum reduction by utilization
of fuels having lowest available ash
and sulfur content.
b. Maximum utilization of mid-day
(12:00 Noon to 4:00 P.M.) atmospheric
turbulence for boiler lancing and
soot blowing.
c. Maximum reduction by diverting
electric power generation to facili-
ties outside of Emergency Area.
2. Coal or oil-fired process
steam generating facilities
having a capacity to burn
in excess of four tons of
coal per hour or 600 gallons
of fuel oil per hour.
a. Maximum reduction by reducing
heat and steam demands to absolute
necessities consistent with pre-
venting equipment damage.
b. Maximum utilization of mid-day
(12:00 Noon to 4:00 P.M.) atmospheric
turbulence for boiler lancing and
soot blowing.
c. Taking the action called for in
the Emergency plan.
~.A"Manufacturing industries
of the following classifi-
cations which employ more than
twenty (20) employees
at any one location:
Primary Metals Industries
Petroleum Refining &
. Related.Industries
Chemical and Allied
Products Industries
Paper and .Allied Products
Industries
Glass, Clay and Concrete
Products Industries
AND
B Other persons required by
the Department to prepare
standby plans. ._
T.Municipal and commercial
refuse disposal operations.
a. Elimination of air contaminants
from manufacturing operations by
ceasing, curtailing, postponing or
deferring production and allied
operations to the extent possible
without causing injury to persons or
damage to equipment.
b. Elimination of air contaminants
from trade waste disposal processes
which emit particles, gases, vapors
or malodorous substances.
c. Maximum reduction of heat load
demands for processing.
d. Maximum utilization of mid-day
(12:00 Noon to 4:00 P.M.) atmospheric
turbulence for boiler lancing or
soot blowing.
a. Maximum reduction oy prevention
of open burning on all refuse
disposal areas.
b. Complete elimination of the use
of incinerators.
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(2.0) 7:27-12.5 STANDBY ORDERS
Following are standby orders which might be appropriate for use
by the Governor upon his declaration that an Air Pollution Emergency
exists:
(a) AIR POLLUTION ALERT
1. Any person responsible for the operation of a source of
air contaminantion as set forth in Table I of 7:27-12.4 shall take all
AIR POLLUTION ALERT actions are required for such source of air contamin-
ation; and shall particularly put into effect the standby plans for an
AIR POLLTUION ALERT.
2. There shall be no open burning by any persons of tree
waste, vegetation, refuse, or debris in any form.
3. The use of incinerators for the disposal of any form of
solid waste shall be limited to the hours between 12:00 Noon and 4:00
P.M. '
4.; Persons operating fuel-burning equipment which requires
boiler lancing or soot blowing shall perform such operations only
between the hours of 12:00 Noon and 4:00 P.M.
(b) AIR POLLUTUION WARNING
1. Any person responsible for the operation of a source of
air contaminantion as set forth in Table II of Section 4 shall take all
AIR POLLUTION WARNING actions as required for such source of air con-
tamination; and shall particularly put into effect the standby plans
for an-AIR-POLLUTION WARNING.
2. There shall be no open burning by any persons of tree
waste, vegetation, refuse or debris in any form.
3. The use of incinerators for the disposal of any form of
solid waste or.liquid waste shall be prohibited.
4. Persons operating fuel-burning equipment which requires
boiler lancing or soot blowing shall perform such operations only
between the hours of 12:00 Noon and 4:00 P.M.
(c) AIR POLLUTION EMERGENCY
1. Any person responsible for the operation of a source of
air contamination as described in Table III of Section 4 shall take all
AIR POLLUTION EMERGENCY actions as listed as required for such source
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of air contamination; and shall particularly put into effect the
Standby plans for an AIR POLLUTION EMERGENCY.
2. All manufacturing establishments except those included
in Subsection (c) 1. will institute such action as will result in maxi-
mum reduction of air contaminants from their operations by ceasing,
curtailing, or postponing operations which emit air contaminants to the
extent possible without causing injury to persons or damage to equipment.
3. All places of employment described below shall immediately
cease operations:
(a) Mining and quarrying of non-metallic minerals.
(b) All contract construction work except that which
must proceed to avoid physical harm.
(c) Wholesale trade establishments, i.e. places of
business primarily engaged in selling merchandise to
retailers, to industrial, commercial, institutional or
professional users, or to other wholesalers, or acting
as agents in buying merchandise for or selling mer-
chandise to such persons or companies.
; (d) All offices of local, county, and state government
including authorities, joint meetings, and any other
public body; except to the extent that such offices must
continue to operate in order to enforce the requirements
of this order pursuant to statute.
(e) All retail trade establishments except pharmacies
and stores primarly engaged in the sale of food.
(f) Banks; credit agencies other than banks; securities
and commodities brokers, dealers, exchanges and services;
offices of insurance carriers, agents and brokers; real
estate offices.
(g) Wholesale and retail laundries; laundry services
and cleaning and dyeing establishments; photographic
studios; beauty shops, barber shops; shoe repair shops.
(h) Advertising offices; consumer credit reporting,
adjustment and collection agencies; duplicating, address-
ing, blueprinting; photocopying, mailing, mailing list
and stenographic services; equipment rental services;
commercial testing laboratories.
(i) Automobile repair, automobile services, garages.
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(j) Establishments rendering amusement and recreation services
including motion picture theaters.
(k) .Elementary and secondary schools, colleges, universities,
professional schools, junior colleges, vocational schools.,
and public and private libraries.
(4) There shall be no open burning by any person of tree waste,
vegetation, refuse, or debris in any form.
(5) The use of incinerators for the disposal of any form of solid
or liquid waste shall be prohibited.
(6) The use of motor vehicles is prohibited except in emergencies
with the approval of local or state police.
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(4.0) SUBCHAPTER 13 AMBIENT AIR QUALITY STANDARDS
(1.0) 7:27-13.1'.- DEFINITIONS
AMBIENT AIR QUALITY STANDARD: A limit on the concentration
of a contaminant in the general outdoor atmosphere, which cannot be
exceeded without causing or tending to cause injury to human health,
welfare, animal or plant life or property, or unreasonably interfering
with the enjoyment of life and property, excluding all aspects of
employer-employee relationship as to health and safety hazards.
DEPARTMENT: The Department of Environmental Protection.
AIR CONTAMINANT: Solid particles, liquid particles, vapors
or gases which are discharged into the outer atmosphere.
PRIMARY AIR QUALITY STANDARD: Ah ambient air quality
standard intended to protect the public health.
SECONDARY AIR QUALITY STANDARD: An ambient air quality
standard intended to protect the public welfare.
SUSPENDED PARTICULATE MATTER: Any solid or liquid matter
dispersed in the outdoor atmosphere which for purposes of this chapter,
shall mean the material collected and analyzed by procedures adopted
and. pub.li,shed by the Department.
SULFUR DIOXIDE (SO-): A colorless gas at standard
conditions, having a molecular composition of one sulfur atom and two
oxygen atoms and which, for proposed of this chapter, shall be
collected and analyzed by procedures adopted and published by the
Department.
. CARBON MONOXIDE (CO): A colorless, odorless, tasteless,
gas at standard conditions, having a molecular composition of one carbon
atom and one oxygen atom and which, for purposes of this chapter, shall
be collected and analyzed by procedures adopted and published by the
Department.
STANDARD CONDITIONS: Shall be 70° F. and one atmosphere .
pressure (14.7 psia or 760 mm Hg).
PHOTOCHEMICAL OXIDANTS: Compounds resulting from atmospheric
reactions between reactive organic substances and nitrogen oxides in the
presence of sunlight, and ozone and which, for purposes of this chapter,
shall be collected and analyzed by procedures published and adopted by
the Department.
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HYDROCARBONS: Gas phase organic compounds consisting of
carbon and hydrogen and the oxidation products of such compounds
which serve as precursors of photochemical oxidants and which, for
purposes of this chapter, shall be collected and analyzed by proce-
dures adopted and published by the Department.
NITROGEN DIOXIDE (NOj: A gaseous compound at standard
conditions, having a molecular composition of one nitrogen atom and
two oxygen atoms and which, for purposes of this chapter, shall be
collected and analyzed by procedures published and adopted by the
Department.
(4.0) 7:27-13.2 - GENERAL AMBIENT AIR QUALITY STANDARD
(a) Whereas air is vital to life and contamination of It to any
degree is a condition to be endured reluctantly; and whereas our
knowledge of the long-term harmful effects of low levels of contamina-
tion is incomplete and uncertain; therefore, it is the air quality
objective of the Department to assure, at all times and throughout the
territory of the State, ambient air of the highest purity achievable
by the installation and diligent operation and maintenance of pollution
source control devices and methods-consistent with the lawful application
of most advanced state of the art.
(b) Furthermore, it is the objective of the Department, by pre-
vention and correction, so to enhance the quality of our outdoor air
that as a minimum, and throughout the State, air quality will be in
accord at least with the numerical air quality standards for specific
pollutants set forth in subsequent sections of this chapter.
(c) An implementation plan of action to meet air quality standards
will be adopted by the Department and, from time to time, amended as
necessary. The plan will incorporate all pertinent air pollution control
regulations which limit or prevent the emission into the atmosphere
of air contaminants for which air quality standards have been adopted.
The plan also will include interim air quality objectives whose
achievement through rigorous enforcement can then be predicted.
(4.1) 7:27-13.3 - AMBIENT AIR QUALITY STANDARDS FOR SUSPENDED PARTICULATE
MATTER
(a) PRIMARY AIR QUALITY STANDARDS
1. During any 12 consecutive months, the geometric mean
value'of all 24-hour averages of suspended particulate matter con-
centrations in ambient air shall not exceed 75 micrograms per cubic
meter :
and
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2. during any 12 consecutive months, 24-hour average
concentrations may exceed 260 micrograms per cubic meter no more than
once.
(b) SECONDARY AIR QUALITY STANDARDS
1. During any 12 consecutive months, the geometric mean
value of all 24-hour averages of suspended particulate matter con-'
centrations in ambient air shall not exceed 60 jnicrograms per cubic
meter
and
2. during any 12 consecutive months, 24-hour average
concentrations may exceed 150 micrograms per cubic meter no more
than once.
(4.2) 7:27-13.4 - AMBIENT AIR QUALITY STANDARDS FOR SULFUR DIOXIDE
. (a) PRIMARY AIR QUALITY STANDARDS
1. During any 12 consecutive months, the arithmetic mean
concentration for sulfur dioxide in ambient air shall not exceed 80
micrograms per cubic meter (0.03 ppm).
and
2. during any 12 consecutive months, 24-hour average
concentrations may exceed 365 micrograms per cubic meter (0.14 ppm)
no more than once.
(b) SECONDARY AIR QUALITY STANDARDS
1. During any 12 consecutive months, the arithmetic mean
'concentration of sulfur dioxide in ambient air shall not exceed 60
micrograms per cubic meter (0.02 ppm).
and
2. during any 12 consecutive months, 24-hour average con-
centrations may exceed 260 micrograms per cubic meter (0.1 ppm)
no more than once
and
3. during any 12 consecutive months, 3-hour average
concentrations may exceed 1300 micrograms per cubic meter (0.5 ppm)
.-no more than once.
(4.5) 7:27-13.5 - AMBIENT AIR QUALITY STANDARDS FOR CARBON MONOXIDE
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(a). 'PRIMARY AND SECONDARY AIR QUALITY STANDARDS
1. During any 12 consecutive months, the 8-hour average
concentration of carbon monoxide in ambient air may exceed 10 milli-
grams per cubic meter (9 ppm) no more than once.
and
2. during any 12 consecutive months, 1-hour averaqe con-
centrations may exceed 40 milligrams per cubic meter (35 ppm) no more
than once.
(4.6) 7:27-13.6 - AMBIENT AIR QUALITY STANDARD FOR PHOTOCHEMICAL OXIDANTS
PRIMARY AND SECONDARDY AIR QUALITY STANDARD
During any 12 consecutive months, the 1-hour average con-
centrations' of photochemical oxidants in ambient air may exceed
160 micrograms per cubic meter (0.08 ppm) no more than once.
(4.4) 7:27-13.7 - AMBIENT AIR QUALITY STANDARD FOR HYDROCARBONS
PRIMARY AND SECONDARY AIR QUALITY STANDARD
During any 12 consecutive months, the average concentration
of hydrocarbons, except methane, in ambient air during the 3-hour
period from 6:00 a.m. to 9:00 a.m. may exceed 160 micrograms per
cubic meter (0.24 ppm) no more than once.
(4.3) 7:27-13.8 - AMBIENT AIR QUALITY STANDARD FOR NITROGEN DIOXIDE
PRIMARY AND SECONDARY AIR QUALITY STANDARD
During any 12 consecutive months, the arithmetic mean concentra-
tion of nitrogen dioxide in ambient air shall not exceed 100 micrograms
per cubic meter (0.05 ppm).
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12.0) Subchapter 14 CONTROL AND PROHIBITIONS OF SMOKE FROM DIESEL-
50.1.2) . POWERED MOTOR VEHICLES
(1.0) 7:27-14..! - DEFINITIONS
PERSON: Includes corporations, companies, associations, societies,
firms, partnerships and joint stock companies as well as individuals,
and shall also include all political subdivisions of this State or any
agencies or instrumentalities thereof.
MOTOR VEHICLE: Includes all vehicles propelled otherwise than
by muscular power, excepting such vehicles as run only upon rails or
tracks.
AUTOBUS: Includes all motor vehicles used for the transportation
of passengers for hire.
DIESEL-POWERED MOTOR VEHICLE: A self-propelled vehicle designed
primarily for transporting persons or property on a public street or
highway which is propelled by a compression ignition type of internal
combustion engine; for purposes of this chapter passenger automobiles
and motorcycles are excluded.
DIESEL-POWERED ENGINE: A mechanism for converting energy into
mechanical force and motion by using a compression ignition type of
internal combustion engine.
SMOKE: Small gasborne and airborne particles, exclusive of water
vapor, arising from a process of combustion in sufficient number to be
observable.
OPACITY: The property of a substance which renders it partially
or wholly obstructive to the transmittion of visible light expressed
as the percentage to which the light is obstructed.
EXHAUST EMISSIONS: Substances emitted into the atmosphere from
any opening downstream from the exhaust ports of a motor vehicle engine.
: SMOKEMETER: A device constructed in such manner as to measure
smoke opacity by light obstruction between a light source and photo-
electric cell which will indicate the percent opacity of smoke at a
point approximately six (6) inches from the engine exhaust outlet.
The device shall be of design meeting "Specification for Diesel-Powered
Vehicle Smokemeter" on file with the State Commissioner of Enviromental
Protection and approved for use in accordance with manufacturer's
recommended procedures for calibration, mounting and maintenance.
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OPERATING MODE: A procedure for operating a diesel-powered motor
vehicle or a diesel-powered engine during measurement of smoke opacity
in the exhaust emissions.
CHASSIS DYNAMOMETER: A device constructed in such a manner as to
simulate highway driving conditions on a stationary motor vehicle.
RPM - Revolutions per minute
MPH - Miles per hour
(12.0) 7:27-14.2 - PUBLIC HIGHWAY STANDARD
No person shall operate any diesel-powered motor vehicle or permit
any diesel-powered motor vehicle which he owns to be operated upon
the public highways of the State if the vehicle, when in motion, emits
visible smoke in the exhaust emissions within the proximity of the
exhaust outlet, for a period of more than five (5) seconds.
(9.0) 7:27-14.3 - INSPECTION STANDARD
(a) ;Any motor vehicle propelled by a diesel-powered engine which
is subject to inspection at the premises or places of business of the
owner or lessee by the Division of Motor Vehicles as a condition of
compliance with said inspection, shall not emit smoke in the exhaust
emissions in excess of the smoke opacity standards set forth in
Table 1.
(b) Any autobus propelled by a diesel-powered engine which is
subject to inspection at the premises or places ,of business of the owner
or lessee by the Public Utilities Commission as a condition of compliance
with said inspection shall not emit smoke opacity standard set forth in
Table 2.
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TABLE 1
. , ..' '.,' INSPECTION STANDARDS
VEHICLES SUBJECT TO INSPECTION 6Y THE DIVISION OF MOTOR VEHICLES
(Reference P.L. Title 39:8-10)
Type of Inspection Operating Mode* Smoke Opacity Standard
Self inspection authorized by (1) Vehicle driven on chassis 20%
Division of flotor Vehicles at dynamometer with
the premises or places of simulated load by power
business of the owner absorption
Or1essee -alternate-
(2) Vehicle driven in low 20%
gear with simulated
load by braking action.
*PROCEDURES:
(1) VEHICLE DRIVEN ON CHASSIS DYNAMOMETER WITH SIMULATED
LOAD BY POWER ABSORPTION - with smokemeter firmly positioned on the
exhaust outlet and vehicle positioned on the chassis dynamometer
proceed with the following steps:
STEP 1-With vehicle on a chassis dynamometer under no power adsorption,
select a: gear ratio which will produce a maximum vehicle speed of
45-60 MPH at governed engine RPM.
STEP 2--Wi.th engine running at governed engine RPM, apply power absorp-
tion load'to the dynamometer until such loading reduces the engine RPM
to 80 percent of the governed speed, the peak smoke opacity measured over
a period of 5 to 10 seconds with the engine under such loading shall be the
smoke opacity.
(2) VEHICLE DRIVEN IN LOW GEAR WITH SIMULATED LOAD BY BRAKING ACTION-
with smokemeter firmly positioned on the exhaust outlet, proceed with the
following steps:
STEP ISelect a gear ratio which will produce a maximum speed of 10-15
MPH, at governed engine RPM, drive vehicle at 10-15 RPM at governed enoine
RPM.
STEP 2--Load the engine by apply brakes until engine RPM is lugged down to
80 percent ;of the governed engine RPM, the peak smoke opacity measured
over a period of 5-10 seconds with the engine under such brake loading
shall be the smoke opacity.
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NOTE :
(a) All measurements are to be made after engines have been run a
sufficient period,of time to be at normal operating temperature.
(b) Separate measurements shall be made on each exhaust outlet on
vehicles equipped'with dual exhaust outlets.
TABLE 2
INSPECTION STANDARDS
VEHICLES SUBJECT TO INSPECTION BY THE PUBLIC UTILITIES COMMISSION
(Reference P.L. Title 48:4-2.1 and 2.1A, Title 48:4-18)
Type of Inspection Operating Mode* Smoke Opacity Standard
Inspection of Public Autobus driven with 40%
Utilities Commission rapid acceleration
at the premises or
places of business of the
owner or lessee
*PROCEDURE:- "..
STEP l--With smokemeter firmly positioned on exhaust outlet and transmission
engaged, drive autobus by accelerating as rapidly as possible to
approximately 20 MPH.
STEP 2--Release accelerator pedal and brake to full stop.
STEP 3--The peak smoke opacity measured during the acceleration to 20
MPH shall be the'smoke opacity.
NOTE:
(a) All measurements are to be made after engines have been run a
sufficient period of time to be at normal operating temperature.
(b) Separate measurements shall be made on each exhaust outlet on
vehicles equipped with dual and separated exhaust outlets.
(c) A single, combined measurement shall be made on the exhaust outlets
on vehicles equipped with dual, adjacent exhaust outlets.
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(12.0) Subchapter 15 - CONTROL AND PROHIBITION OF AIR POLLUTION FROM LIGHT-
DUTY GASOLINE-FUELED MOTOR VEHICLES
(1.0) 7:27-15.1 - DEFINITIONS
PERSON: Includes corporations, companies, associations, societies,
firms, partnerships, and joint stock companies as well as individuals,
and shall also include all political subdivisions of this State or any
agencies or instrumentalities thereof.
MOTOR VEHICLE: Light-duty shall mean any motor vehicle designed
primarily for transportation of persons or property and registered at
6,000 pounds gross weight or less.
MODEL YEAR OF VEHICLE: The production period of new motor vehicles
or new motor vehicle engines designated by the calendar year in which
such period ends. If the manufacturer does not designate a production
period, the model year with respect to such vehicles or engines shall
mean the 12-month period beginning January of the year in which
production 'begins.
EXHAUST EMISSIONS: Substances emitted into the atmosphere from
any opening downstream from the exhaust ports of a motor vehicle engine.
CRANKCASE EMISSIONS: Substances .emitted into the atmosphere from
any portion of the engine crankcase ventilation or lubrication systems.
SMOKE: Small gasborne and airborne particles, exclusive of water
vapor, arising from a process of combustion in sufficient number to be
observable.
CARBON MONOXIDE: A non-irritating, colorless, odorless gas at
standard conditions which has the molecular form of CO.
HYDROCARBONS: .Compounds whose moleculars consist of atoms of
hydrogen and carbon only.
APPROVED EXHAUST GAS ANALYTICAL SYSTEM: A device for sensing the
amount of air contaminants in the exhaust emissions of a motor vehicle.
For purposes of this Chapter this shall mean analyzing devices of the
nondispersilve infrared type sensitized to measure carbon monoxide at
the 4.74 micron band expressed as percent carbon monoxide in air and to
measure hydrocarbons as hexane at the 3.41 micron band expressed as parts
per million of hydrocarbons (hexane) in air; The device shall be design
meeting "SPECIFICATIONS FOR EXHAUST GAS ANALYTICAL SYSTEM" on file with
the State Commissioner of Environmental Protection and approved for use
in accordance with the manufacturer's recommended procedures for cali-
bration and maintenance.
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NEW MOTOR VEHICLE: A newly manufactured motor vehicle registered
in New Jersey, prior to delivery to the ultimate purchaser.
NEW MOTOR VEHICLE DEALER: A sales agency, his employees, and/or
agents licensed pursuant to N.J.S.A. 39:10-19 to sell new motor
vehicles.
ULTIMATE PURCHASER: Any person, other than a motor vehicle dealer
purchasing in his capacity as a motor vehicle dealer, who in good faith
purchases a motor vehicle for purposes other than for resale as a
motor vehicle dealer.
PRE-DELIVERY CHECKLIST: A schedule of items and procedures which
a new motor vehicle dealer is required or requested by. a manufacturer
to check or follow prior to delivery of a new motor vehicle to the
ultimate purchaser.
(12.0) 7:27-15.2 - PUBLIC HIGHWAY STANDARD
(a) No person shall operate any light-duty, gasoline-fueled motor
vehicle or "permit such vehicle which he owns to be operated upon the
public highways of the State if the vehicle emits visible smoke in the
exhaust emissions or in the crankcase emissions.
(b) The provisions of this section shall become effective July
1, 1973.
(12.0) 7.:27-15.3 - NEW MOTOR VEHICLE DEALER INSPECTION COMPLIANCE STANDARDS
(a) Any light-duty, gasoline-fueled new motor vehicle subject to
inspection by any new motor vehicle dealer in accordance with regulations
promulgated by the New Jersey Division of Motor Vehicles shall, prior
to delivery by the new motor dealer to the ultimate purchaser, conform
to the emission specifications prescribed by the manufacturer and/or to
such specifications as may be prescribed by the manufacturer in the new
motor vehicle pre-delivery checklist to assure proper functioning of
emission control devices. Whenever emission specifications are not
prescribed, the inspection standards as set forth in. 7:27-15.4(5).
(b) The provisions of this section shall become effective July
5, 1972.:
(9.0) .7:27-15,4 - MOTOR VEHICLE INSPECTION STANDARD
(a) Any light-duty gasoline-fueled motor vehicle which is subject
to inspection by the Division of Motor Vehicles in accordance with the
provisions of N.J.S.A. Title 39:8-1, as a condition of compliance with
said inspection, shall not emit visible smoke in the exhaust emissions
or in the crankcase emissions when using the prescribed inspection
test procedure.
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(b) Any light-duty, gasoline-fueled motor vehicle which is subject
to inspection by the Division of Motor Vehicles in accordance with the
provisions of N.J.S.A. Title 39:8-1, as a condition of compliance with
said inspection, shall not emit carbon monoxide (CO) and/or hydrocarbons
(HC) in the exhaust emissions in excess of standards set forth in
Table 1, when measured using an approved exhaust gas analytical system
and the prescribed inspection procedure.
. (c) -The provisions of this section shall become effective July 5,
1972 subject to the exception set forth in Subsection 15.5(a) of this
Chapter.
(2.0) 7:27-15.5 - EXCEPTIONS
(a), Non-compliance with standards set forth in 7:27-15.4, of this
Chapter |?y any motor vehicle during the period July 5, 1972 to
June 30, 1973 shall not be cause for rejection or reinspection.
(b) The provisions of 7:27-15.3 and 7:27-15.4 of this Chapter
shall not apply to motorcycles or to motor vehicles with an engine
displacement of less than 50 cubic inches.
(c) -Nothing in this Chapter is intended to limit or deny the
inspection of motor vehicles for exhaust systems in accordance with
regulations established pursuant to N.J.S.A Title 39:8-1.
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: TABLE I
INSPECTION STANDARDS
VEHICLES SUBJECT TO INSPECTION
BY THE DIVISION OF MOTOR VEHICLES
(Reference N.J.S.A. Title 39:8-1)
MODEL YEAR EFFECTIVE EFFECTIVE EFFECTIVE
OF VEHICLE July 5, 1972 July 1, 1974 July 1, 1975
' C0(%) HC(PPM) C0(%) HC(PPM) C0(%) HC(PPM)
Up to and
including 1967 10.0 1600 8.5 1400 7.5 1200
1968-1969 8.0 800 7.0 700 5.0 600
1970-1974 6.0 600 5.0 500 4.0 400
1975 and Later *
PRESCRIBED INSPECTION TEST PROCEDURE
STEP 1: Hith the vehicle in neutral STEP 2: With the engine running at
gear, all accessories off, handbrake idle, insert sampling probe of gas
secure, accelerate engine and observe analytical system into the engine
emissions and crankcase emissions. exhaust outlet. The steady State
levels measured as percent carbon
monoxide and parts per million of
hydrocarbons in the exhaust gas
shall be the inspection test result.
NOTE: All measurements are to be made after
engine has been operating a sufficient period
to time to attain normal operating temperature.
*To be promulgated by amendment.
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(50.4)
(1.0)
Subchapter 16
CONTROL AND PROHIBITION OF AIR POLLUTION BY VOLATILE
ORGANIC SUBSTANCES
7:27-16.1 r DEFINITIONS
The following words and terms, when used in this Subchapter,
shall have the following meanings, unless the context clearly in-
dicates otherwise.
"Air Contaminant" means solid particles, liquid particles, vapors
or gases which are discharged into the outdoor atmosphere.
"Conservation vent" means any control apparatus designed and
used to reduce evaporation losses of volatile organic substances by
limiting the amount Of air admitted to, or vapors released from, the
vapor space of a closed storage vessel.
"Control apparatus" means any device which prevents or controls
the emission of any air contaminant.
"Department" means the Department of Environmental Protection.
"Equipment" means any device capable of causing the emission of
an air contaminant into the outdoor atmosphere, and any stack, chimney,
conduit,.flue, duct, vent or similar device connected or attached to, or
serving the equipment. This shall include equipment in which the
preponderance of the air contaminants emitted is caused by a manufacture
ing process.
"Fillpipe" means a device through which liquid is transferred
into a receiving vessel. i
"Floating roof" means a pontoon type or double-deck type roof
resting on the surface of the liquid contents in a storage vessel,
and equipped with a mechanism providing a tight seal in the space
between the floating roof rim and the vessel shell throughout the
entire'vertical travel distance of the roof, or any other floating
type mechanism approved by the Department for the purpose of preventing
air contaminants from being discharged into the outdoor atmosphere.
"Liquid particles" means particles which have volume but are not
of rigid shape and which upon collection tend to coalesce and create
uniform homogeneous films upon the surface of the collecting media.
."Manufacturing process" means any action, operation or treatment
embracing chemical, industrial, manufacturing, or processing factors,
methods or forms including but not limited to, furnaces, kettles, ovens,
converters, cupolas, kilns, crucibles, stills, dryers, roasters,
crushers, grinders, mixers, reactors, regenerators, separators,
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filters, reboilers, columns, classifiers, screens, quenchers, cookers,
digesters, towers, washers, scrubbers, mills, condensers and absorbers.
"Opacity" means the property of a substance which renders it
partially or wholly obstructive to the transmission of visible light
expressed as the percentage to which the light is obstructed.
"Organic substance" means any chemical compound or mixture of
chemical compounds of carbon, excluding carbon monoxide, carbon dioxide,
carbonic acid, metallic carbonates, metallic carbides and ammonium
carbonate.
"Particles" means any material, except uncombined water, which
exists in a finely divided form as liquid particles or solid particles
at standard conditions.
"Person" means corporations, companies, associations, societies,
firms, partnerships, and joint stock companies as well as individuals,
and also shall include all political subdivisions of this State or any
agencies or instrumentalities thereof.
"Potential emission rate" means the mass rate of air contaminants
emitted or to be emitted through a stack or chimney into the outdoor
atmosphere exclusive of any type of control apparatus.
"Solid Particles" means particles of rigid shape and definite
volume.'
"Stack or chimney" means a flue, conduit, or opening designed and
constructed for the purpose of emitting air contaminants into the out-
door atmosphere.
"Standard conditions" means or shall be 70° F. and one atmosphere
pressure (14;7. pounds per square inch absolute or 760 mm Hg.).
"Submerged fill pipe" means a fill pipe whose point of discharge
into the receiving vessel is entirely submerged when the liquid level
is no more than 6 inches above the vessel bottom or, in the case of a
top or side-entering fill pipe, when the liquid level is no more than
three times the inside radius of the fill pipe plus 5 inches, but not
more than 42 inches, above the vessel bottom.
"Vapor" means the gaseous form of substances which, under standard
conditions, are in the solid or liquid state and which can be changed
to these states by either increasing the pressure or decreasing the
temperature.
"Vapor pressure" means the pressure of the vapor phase of a sub-
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stance, or the sum of the partial pressures of the vapor phases of
Individual substances in a mixture of substances, when in equilibrium
with the non-vapor phase of the substance or substances. For
purposes of this Subchapter, vapor pressure shall be determined by
reference to the scientific literature or by test methods approved
by the Department.
"Vapor control system" means a system for preventing the emission
of organic vapors into the outdoor atmosphere.
"Volatile organic substance" means any organic substance, mixture
of organic substances or mixture of organic or inorganic substances
including but not limited to petroleum crudes, petroleum fractions,
petrochemicals, solvents, diluents, and thinners.
(51.16) 7:27-16.2 STORAGE OF VOLATILE ORGANIC SUBSTANCES
(a) 1. No person shall cause, suffer, allow or permit the
storage of a volatile organic substance having a vapor pressure of
O.p2 pounds per square inch absolute or greater at standard conditions
in any'tank having a capacity greater than 2000 gallons exposed to the
rays of the sun unless the external surface of the tank is painted and
maintained white.
. 2. Any tank subject to the provisions of subsection (a)l of
this Section whose external surface is non-white shall be painted
white within one year of the effective date of subsection (a)l of this
Section.
3. The provisions of subsection (a)l of this Section shall
not apply to words and logograms applied to the external surface of a
storage .tank for purposes of identification provided such symbols do
not cover more than 20% of the external surface area of the tank's sides
and top or more than 200 square feet, whichever is less.
(b) No person shall store a volatile organic substance in any
tank, reservoir, or vessel having a maximum capacity of 10,000 gallons
or greater unless such tank, reservoir or vessel is equipped with control
apparatus to prevent the emission of organic substances into the outdoor
atmosphere determined as follows or as approved by the Department as
being equally or more effective in preventing the emission of organic
^substances into the outdoor atmosphere:
Step 1: Determine the vapor pressure at standard conditions
in pounds per square inch absolute of the material
to be stored.
Step 2: Select appropriate line in Table 1 for the vapor
orp«;<;iirp riptprminpri in St.pn 1
pressure determined in Step
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Step 3: Determine the maximum tank capacity in thousands of
gallons.
Step 4: Move laterally to the right on the line selected for
the vapor pressure and determine the tank capacity
range classification.
Step 5: Determine control requirements in accordance with the
following:
Range I : No control apparatus required under
this subsection.
Range II : Conservation vent or approved equivalent
required.
Range III: Floating roof or approved equivalent
required.
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TABLE 1
DETERMINANTS OF TYPE CONTROL APPARATUS REQUIRED
FOR STORAGE OF VOLATILE ORGANIC SUBSTANCES
VAPOR F
TN B«;li
111 r J i i
Greater
Than
0.02
0.03
0.04
0.06
0.08
0.10
0.15
0.2
0.3
0.4
0.5
0.6
0.7
0.8
1.0
1-2
1.4
1.6
1.8
2.1
2.4
2.7
.3.0
3.5
4.0
4.5
5.0
5.5
6.0
6.5
'7.0
7.5
i
i
8.C
8.5
9.5
10.5
'RESSUBE
\ft 70° t
v /u r .
But not
Greater
Than
0.03
0.04
0.06
0.08
0.10
0.15
0.2
0.3
0.4
0.5
0.6
. 0.7
0.7
1.0
1.2
1.4
1.6
1.8
2.1
' 2.4
2.7
3.0
3.5
4.0
4.5
5.0
5.5
6.0
6.5
7.0
7.5
8.0
8.5
9.5
10.5
11.5
TA
Range I
Not
Greater
than
4,500
4,500
3,500
2,500
2,000
1,600
1,050
750
550
475
400
350
300
260
210
190
170
150
125
110
100
90
80
70
60
50
50
50
40
40
40
35
35
30
25
20
NK CAPACITY IN THOUSANDS OF
Range II
But not
Greater Greater
than than
4,500 14,000
4,500 11,000
3,500 8,000
2,500 6,000
2,000 4,500
1,600 3,500
1.050 2,500
750 1 ,600
550 1,250
475 1,075
400 900
350 750
300 650
260 550
. 210 475
190 400
170 350
150 300
125 260
110 225
100 200
90 180
80 160
70 145
60 130
50 115
50 105
50 95
' 40 85
40 75
40 70
35 65
' 35 60
30 55
25 50
20 45
GALLONS
Range III
Greater
than
14,000
11,000
8,000
6,000
4.500
3,500
2,500
1,600
1,250 I
1.075
900
750
650
550
475
400
350
300
260
225
200
180
160
145
130
115
105
95
85
75 i
70 |
65 i
60
55
50
45
11.5
13.0
10 !
10
40
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(c) No person shall store a volatile organic substance having a
vapor pressure of 13.0 pounds per square inch absolute or greater at
the actual temperature existing at or near the interface between the
liquid surface and the overlying vapor space in any tank, reservoir
or vessel having a maximum capacity of 1,000 gallons or greater unless
such tank, reservoir or vessel is equipped with a vapor control system
to reduce the rate of organic vapor emissions to the outdoor atmosphere
by 90 percent or more of their potential emission rate.
(d) No person shall store a volatile organic substance in any tank,
reservoir or vessel subject to the provisions of either subsection (b)
in Ranges II and III or subsection (c) of this Section and equipped with
gauging and/or sampling systems unless such systesm are vapor-tight
when gauging and/or sampling is not taking place.
(e) The provisions of subsections (a), (b), and (c) of this Section
shall not apply to a stationary storage tank, reservoir or vessel
located underground at a depth of no less than eight inches below the
surface measured to the highest point of the tank shell, or installed
in other manner approved by the Department as being equally or more
effective in preventing the emission of organic substances into the
outdoor atmosphere.
(f) -The provisions of subsection (a) of this Section shall not
apply to a storage tank, reservoir or vessel used for the storage of
volatile organic substances.
1. maintained under a pressure greater than one atmosphere
provided that any vent serving such storage tank,
reservoir or vessel has the sole function of relieving
: pressure under abnormal emergency conditions, or
2. maintained under a controlled elevated temperature or
3. if such storage tank, reservoir or vessle^is equipped with
a vapor control system to collect and reduce by 98% or
more the weight of potential organic vapor emissions to
the outdoor atmosphere.
(51.16) 7:27-16.3 TRANSFER OPERATIONS
(a) No person shall transfer any volatile organic substance having
a vapor pressure of 0.02 pounds per square inch absolute or greater at
standard conditions into any receiving vessel of greater than 2000
gallon capacity unless such transfer is made:
1. through a submerged fill pipe or by other means approved
by the Department as being equally or more effective
in preventing the emission of organic substances into
the outdoor atmosphere during transfer or
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.2.. within a pressurized system having no operating vent
discharging into the outdoor atmosphere.
(b) No person shall transfer into or transport in a mobile vessel
of greater than 2000 gallon capacity any volatile organic substance
having a vapor pressure of 0.02 pounds per square inch absolute or '
greater at standard conditions unless such vessel is vapor-tight
except for pressure relief during transfer and under emergency
conditions.
(c) Reserved
(d) Reserved
7:27-16.4 Reserved
7:27-16.5 Reserved
7:27-16.6 ODORS
The provisions of N.J.A.C. 7:27-5.2(b), shall not apply to emissions
to the outdoor atmosphere of volatile organic substances subject to the
provisions.of this Subchapter, notwithstanding compliance with the pro-
visions of this Subchapter.
(9.0) 7:27-16.7 . EMISSION INFORMATION AND TESTS
(a) Any person responsible for the emission of volatile organic
substances shall, upon request of the Department, provide:
1. Information relating to the location, rate, duration,
composition, and properties of the effluent and such
other information as the Department may prescribe.
2. Facilities and necessary equipment for determining the
quantity and identify of volatile organic substances
emitted into the outdoor atmosphere and shall conduct
such tests using methods approved by the Department.
Test data shall be recorded in a permanent log at such
time intervals as specified by the Department and shall
be maintained for a period of not less than two years
and shall be available for review by the Department.
3. Sampling facilities and testing facilities exclusive of
instrumentation and sensing devices as may be necessary
for the Department to determine the nature and quantity
of volatile organic substances being emitted into the
outdoor atmosphere. During such testing by the Department,
the equipment and all components connected, or attached
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to or serving the equipment shall be used and operated
under normal routine operating conditions or under such
other conditions as may be requested by the Department.
The facilities may be either permanent or temporary, at
the discretion of the person responsible for their
provision, and shall conform to all applicable laws and
regulations concerning safe construction and safe practice.
4. Reserved.
(5.0) 7:27-16.8 VARIANCES
(a) Whenever a person responsible for the emission of volatile
organic substances believes that advances in the art of control for the
kind and amount of volatile organic substances emitted have not developed
to a degree which would enable the requirements of Section 16.2 or 16.3
of this Subchapter to be attained, he may apply to the Department for
a variance, setting forth his reasons and justifications therefore.
The Department may issue a variance, and such variance shall be valid
for a period not to exceed one year from the date of issuance and may
be renewed upon application to the Department setting forth reasons and
justifications for its continuation. Variances issued under the provis-
ions of this Section shall be conditional on the compliance with any
requirements which the Department deems to be necessary.
(b) Any person aggrieved by the denial by the Department of a
variance requested under the provisions of this Section may, upon
application made within 15 days after notice of such denial, be
entitled to a hearing before the Department upon at least 15 days
written notice. Within 30 days after the close of such hearing the
Department shall issue a notice amending, affirming, or rescinding its
previous action.
(3.0) 7:27-16.9 PERMIT TO CONSTRUCT AND CERTIFICATE TO OPERATE
. ,(a) No person shall construct or install any new equipment, or
any new control apparatus, or alter any existing equipment or control
apparatus from which volatile organic substances are emitted into the
. outdoor-atmosphere without first having obtained a "Permit to Construct,
Install or Alter Control Apparatus or Equipment" from the Department,
in accordance with the provisions of Subchapter 8 (Permits and
Certificates) of this Chapter.
(b) No person shall use or cause to be used any new or altered
equipment, or any new or altered control apparatus from which volatile
organic substances are emitted into the outdoor air without first having
obtained a "Certificate to Operate Control Apparatus or Equipment"
from the Department, in accordance with Subchapter 8 (Permit and
Certificates) of this Chapter.
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(c) No person shall use or cause to be used any equipment or
control apparatus from which volatile organic substances are emitted
into the outdoor atmosphere unless all components connected, qr
attached to, or serving the equipment, including control apparatus,
are functioning properly and are in use in accordance with any relevant
"Permit to Construct, Install or Alter Control Apparatus or Equipment"
and any relevent "Certificate to Operate Control Apparatus or Equipment",
(2.0) 7:27-16.10 APPLICABILITY
Whenever persons, equipment, control apparatus or volatile
organic substances subject to the provisions of this Subchapter are
also subject to the provisions of any other Subchapters of this
Chapter, the requirements of the relevant provisions of this Subchapter
and all Subchapters of this Chapter will apply.
(2.0) 7:27-16.11 EXCEPTIONS
The provisions of this Subchapter, except for subsection
16.2(a), shall become effective on May 31, 1977 for equipment or
control apparatus for which a valid "Permit to Construct, Install or
Alter" or the permanent "Certificate to Operate" was issued by the
Department during the period June 1, 1972 to the effective date of this
Subchapter.
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FEDERALLY PROMULGATED
REGULATIONS
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(14.0) 52.1574 General Requirements.
(b) Regulation for public availability of emission data.
1. Any person who cannot obtain emission data from the
Agency responsible for making emission data available to the public,
as specified in the applicable plan, concerning emissions from any
source subject to emission limitations which are part of the approved
plan may request that the appropriate Regional Administrator obtain
and make public such data. Within 30 days after receipt of any such
written request, the Regional Administrator shall require the owner
or opreator of any such source to submit information within 30 days on
the nature and amounts of emissions from such source and any other
information as may be deemed necessary by the Regional Administrator to
determine whether such source is in compliance with applicable emission
limitations or other control measures that are part of the applicable
plan.
2. Commencing after the initial notification by the Regional
Administrator pursuant to paragraph (b)(l) of this section, the owner
or operator of the source shall maintain records of the nature and
amounts of emissions from such source and any other information as may
be deemed necessary by the Regional Administrator to determine whether
such source is in compliance with applicable emission limitations or
other control measures that are part of the plan. The information
recorded 'shall be summarized and reported to the Regional Administrator
on .forms'furnished by the Regional Administrator, and shall be submitted
within 45 days after the end of the reporting period. Reporting periods
are January 1-June 30 and July 1-December 31.
3. Information recorded by the owner or operator and copies
of this summarizing report submitted to the Regional Administrator shall
be retained by the owner or operator for 2 years after the date on which
the pertinent report is submitted.
4. Emission data obtained from owners or operators of station-
ary sources will be correlated with applicable emission limitations and
other con.trol measures that are part of the applicable plan and will be
available at the appropriate regional office and at other locations in
the State designated by the Regional Administrator.
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(6.0) 52.1577 Compliance Schedules
(a) Reserved
(b) The requirements of 51.15 (b)(l) of this chapter are not
met since chapter 7, section 7.1(c) of New Jersey's "Air Pollution
Control Code" permits certain sources to defer compliance with chapter
7 until after the required date for attainment of the national standards
for particulate matter.
(c) The requirements of 51.15(c) of this chapter are not met
since chapter 7 of New Jersey's "Air Pollution Control Code" does not
provide for peridic increments of progress toward compliance for those
sources with compliance schedules extending over a period of 18 or more
months.
(d) Regulation for increments of progress.
1. Except as provided subparagraph (2) of this paragraph,
the owner or operator of any stationary source in the State of New
Jersey to which an exception extending beyond January 31, 1974, is
applicable-under Chapter 7, section 7J(c) of the New Jersey Air
Pollution Control Code shall, no later than 120 days following the
effective date of this paragraph, submit to the Administrator for
approval, a proposed compliance schedule that demonstrates compliance
with the 'emission limitations prescribed by Chapter 7 of the New
Jersey Air Pollution Control Code as expeditiously as practicable but
'no later than July 31, 1975. The compliance schedule shall provide
for periodic increments of progress towards compliance. The dates for
achievement of such increments shall be specified. Increments of
progress shall include, but not be limited to: Submittal of the final
control plan to the Administrator; letting of necessary contracts
for construction or process changes or issuance of orders for the pur-
chase of component parts to accomplish emission control process
modification; initiation of onsite construction or installation of
emission control equipment or process change; completion of onsite
construction or installation of emission control equipment or process
modification; and final compliance.
2. Where any such owner or operator demonstrates to the
satisfaction of the Administrator that compliance with the applicable
regulations will be achieved on or before January 31, 1974, no
compliance schedule shall be required.
3. Any owner or operator required to submit a compliance
schedule pursuant to this paragraph shall within 5 days after the
' deadline for each increment of the approved compliance schedule has
been met.
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'4, Any compliance schedule adopted by the State and approved
by the Administrator shall satisfy the requirements of this paragraph
for the affected source.
(e) Federal compliance schedules. The compliance schedules for
the sources identified below are approved as meeting the requirements
of 51.15 of this chapter. All regulations cited are air pollution
control regulations of the State, except where noted:
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Source Location Regulation Effective Final
_ '- _ _ involved _ : __ Date _ Compliance Date
Ahex Inc...... ....... Mahwah, Bergen County ....... .40 CFR 52.1577(d)1 ..... Immediately. . .July 31, 1975
Gerald A. Barrettlnc. Woodbine, Cape May County. ..:.'. .'. .do .................... do ......... July 1 , 1974
G.&W.H.Corson,Inc. . .Gibbsboro,Camden County ....... ..do .................... do ......... Dec. 1, 1974
(Home Crete Corp..)
Flockhart FoundryCo. Newark, Essex County... ...... 40 CFR 52.177(d}.. ......... do ____ ..... Do
GAF Corp ........ ---- Bridgewater Township, Son- ....... do .................... do. . . . .....
erset County.
1. Preheating & convey- [[[ Nov. 1, 1974
ing collector outlet.
2. Stack for No. 1 side .................................................. . ........... June 1, 1975
coloring plant.
3. Stack for No. 2 side [[[ Do
coloring plant.
4. Dryer Building collec- [[[ July 31, 1975
tor outlet.
5. Aerator and Mixer ex- [[[ Do
o haust.
Grefco, Inc ......... Jamesburg, Middlesex County. .40 CFR 52. 1577(d) ...... Immediately. . .Apr. 15, 1975
Lace Cretions, Inc. . .Newark, Essex County ............. do ................... do .......... June 15, 1975
Metro Containers ---- Jersey City, Hudson County ....... do ................... do .......... July 31 , 1975
(Kraftco Corp).
Trap Rock Indust-. . .Kingston, Somerset County ........ do ...................... ....... ..
ies, Inc.
1 . Stacks 4 and 4A [[[ July 31 , 1975
-------
(10.0) 52.1578 Review of New or Modified Indirect Sources
(b) Regulation for Review of New or Modified Indirect Sources
(1) All terms used in this paragraph but not specifically defined
below shall have the meaning given them in 52.01 of this chapter.
(i) The term "indirect source" means a facility, building,
structure, or installation which attracts or may attract
mobile source activity that results in emissions of a
pollutant for which there is a national standard. Such
indirect sources include, but are not limited to:
(a) Highways and roads.
(b) Parking facilities.
(c) Retail, commercial and industrial facilities.
(d) Recreation, amusement, sports and entertainment
facilities.
(e) Airports.
(f) Office and Government buildings. '
(g) Apartment and condominium buildings.
(h) Education facilities.
(ii) The term "Administrator" means the Administrator of the
Environmental Protection Agency or his designated agent.
(iii) The term "associated parking area" means a parking facil-
ity or facilities owned and/or operated in conjunction
with an indirect source.
(iv) The term "aircraft operation" means an aircraft take-off
or landing.
(v) The phrase "to commence construction" means to engage in
a continuous program of on-site construction including
site clearance, grading, dredging, or land filling specif-
ically designed for an indirect source in preparation for
the fabrication, erection, or installation of the build-
ing components of the indirect source. For the purpose
of this paragraph, interruptions resulting from acts of
God, strikes, litigation, or other matters beyond the
control of the owner shall be disregarded in determining
whether a construction or modification program is contin-
uous.
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(vi) The phrase "to commence modification" means to engage in
a continuous program of on-site modification, including
site clearance, grading, dredging, or land filling in
preparation for specific modification of the indirect
source.
(vii) The term "highway section" means the development propo-
sal of a highway of substantial length between logical
termini (major crossroads, population centers, major
traffic generators, or similar major highway control ele-
ments) as normally included in a single location study or
multi-year highway improvement program as set forth in
23 CFR 770.201 (38 FR 31677).
(viii) The term "highway project" means all or a portion of a
highway section which would result in a specific con-
struction contract.
(ix) The term "Standard Metropolitan Statistical Area (SMSA)"
means such areas as designated by the U.S. Bureau of the
Budget in the following publication: "Standard Metro-
politan Statistical Area," issued in 1967, with subse-
quent amendments.
(2) The requirements of this paragraph are applicable to the follow-
ing:
(i) In an SMSA:
(a) Any new parking facility or other rtew indirect
source with an associated parking area, which has a
new parking capacity of 1,000 cars or more; or
(b) Any modified parking facility, or any modification
of an associated parking area, which increases
parking capacity by 500 cars or more; or
(c) Any new highway project with an anticipated average
annual daily traffic volume of 20,000 or more vehi-
cles per day within ten years of construction; or
(d) Any modified highway project which will increase
average annual daily traffic volume by 10,000 or
more vehicles per day within ten years after modifi-
cation.
(ii) Outside an SMSA:
(a) Any new parking facility, or other new indirect
source with an associated parking area, which has
a parking capacity of 2,000 cars or more; or
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(b) Any modified parking facility, or any modification
of an associated parking area, which increases park-
ing capacity by 1,000 cars or more.
(1ii) Any airport, the construction or general modification
program of which is expected to result in the following
activity within ten years of construction or modifica-
tion:
(a) New airport: 50,000 or more operations per year by
regularly scheduled air carriers, or use by 1,600,000
or more passengers per year.
(b) Modified airport: Increase of 50,000 or more opera-
tions per year by regularly scheduled air carriers
over the existing volume of operations, or increase
of 1,600,000 or more passengers per year.
(iv) Where an indirect source is constructed or modified in
increments which individually are riot subject to review
under this paragraph, and which are not part of a program
of construction or modification in planned incremental
phases approved by the Administrator, all such increments
commenced after December 31, 1974, or after the latest
approval hereunder, whichever date is most recent, shall
be added together for determining the applicability of
this paragraph.
(3) No owner or operator of an indirect source subject to this para-
graph shall commence construction or modification of such source
after December 31, 1974, without first obtaining approval from
the Administrator. Application for approval to construct or mod-
ify shall be by means prescribed by the Administrator, and shall
include a copy of any draft or final environmental impact state-
ment which has been prepared pursuant to the National Environmen-
tal Policy Act (42 U.S.C. 4321). If not included in such environ-
mental impact statement, the Administrator may request the follow-
ing information:
(i) For all indirect sources subject to this paragraph, other
than highway projects:
(a) The name and address of the applicant.
(b) A map showing the location of the site of indirect
source and the topography of the area.
(c) A description of the proposed use of the site, in-
cluding the normal hours of operation of the facil-
ity, and the general types of activities to be op-
: erated therein.
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(d) A site plan showing the location of associated
parking areas, points of motor vehicle ingress and
egress to and from the site and its associated
parking areas, and the location and height of
buildings on the site.
(e) An identification of the principal roads, highways,
and intersections that will be used by motor vehi-
cles moving to or from the indirect source.
(f) An estimate, as of the first year after the date
the indirect source will be substantially complete
and operational, of the average daily traffic vol-
umes, maximum traffic volumes for one-hour and
eight-hour periods, and vehicle capacities of the
principal roads, highways, and intersections iden-
tified pursuant to subdivision (i) (e) of this sub-
paragraph located within one-fourth mile of all
boundaries of the site.
(g) Availability of existing and projected mass transit
to service the site.
(h) Where approval is sought for indirect sources to be
constructed in incremental phases, the information
required by this subparagraph (3) shall be submitted
for each phase of the construction project.
(i) Any additional information or documentation that the
Administrator deems necessary to determine the air
quality impact of the indirect source, including the
submission of measured air quality data at the pro-
posed site prior to construction or modification.
(ii) For airports:
(a) An estimate of the average number and maximum number
of aircraft operations per day by type of aircraft
during the first, fifth and tenth years after the
date of expected completion.
(b) A description of the commercial, industrial, resi-
dential and other development that the applicant
expects will occur within three miles of the perim-
eter of the airport within the first five and the
first ten years after the date of expected comple-
tion.
(c) Expected passenger loadings at the airport.
(d) The information required under subdivisions (i) (a)
through (i) of this subparagraph.
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(iii) For highway projects:
(a) A description of the average and maximum traffic
volumes for one, eight, and 24-hour time periods
expected within 10 years of date of expected comple-
tion.
(b) An estimate of vehicle speeds for average and maxi-
mum traffic volume conditions and the vehicle capac-
ity of the highway project.
(c) A map showing the location of the highway project,
including the location of buildings along the right-
of-way .
t
(d) A description of the general features of the high-
way project and associated right-of-way, including
the approximate height of buildings adjacent to the
;.; highway.
(e) Any additional information or documentation that the
Administrator deems necessary to determine the air
quality impact of the indirect source, including the
submission of measured air quality data at the pro-
posed site prior to construction or modification.
(iv) For indirect sources other than airports and those high-
way projects subject to the provisions of paragraph (b)
(6) (iii) of this section, the air quality monitoring re-
quirements of paragraph (b) (3) (i) (i) of this section
shall be limited to carbon monoxide, and shall be con-
ducted for a period of not more than 14 days.
(4) (i) For indirect sources other than highway projects and air-
ports, the Administrator shall not approve an application
to construct or modify if he determines that the indirect
source will:
(a) Cause a violation of the control strategy of any
applicable state implementation plan; or
(b) Cause or exacerbate a violation of the national stan-
dards for carbon monoxide in any region or portion
thereof.
(ii) The Administrator shall make the determination pursuant
to paragraph (b) (4) (i) (b) of this section by evaluat-
ing the anticipated concentration of carbon monoxide at
reasonable receptor or exposure sites which will be af-
fected by the mobile source activity expected to be at-
tracted by the indirect source. Such determination may
be made by using traffic flow characteristic guidelines
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published by the Environmental Protection Agency which
relate traffic demand and capacity considerations to am-
bient carbon monoxide impact, by use of appropriate at-
mospheric diffusion models (examples of which are refer-
enced in Appendix 0 to Part 51 of this chapter), and/or
by any other reliable analytic method. The applicant
may (but need not) submit with his application, the re-
sults of an appropriate diffusion model and/or any other
reliable analytic method, along,with the technical data
and information supporting such results. Any such results
and supporting data submitted by the applicant shall be
considered by the Administrator in making his determina-
tion pursuant to paragraph (b) (4) (i) (b) of this sec-
tion.
(5) (i) For airports subject to this paragraph, the Administrator
shall base his decision on the approval or disapproval of
an application on the considerations to be published as
an Appendix to this Part.
(ii) For highway projects and parking facilities specified
under paragraph (b) (2) of this section which are assoc-
iated with airports, the requirements and procedures
specified in paragraphs (b) (4) and (6) (i) and (ii) of
this section shall be met.
(6) (i) For all highway projects subject to this paragraph, the
Administrator shall not approve an application to con-
struct or modify if he determines that the indirect source
will:
(a) Cause a violation of the control strategy of any ap-
plicable state implementation plan; or
(b) Cause or exacerbate a violation of the national stan-
dards for carbon monoxide in any region or portion
thereof.
(ii) The determination pursuant to paragraph (b) (6) (i) (b)
of this section shall be made by evaluating the anticipa-
ted concentration of carbon monoxide at reasonable re-
ceptor or exposure sites which will be affected by the
mobile source activity expected on the highway for the ten
year period following the expected date of completion ac-
cording to the procedures specified in paragraph (b) (4)
(ii) of this section.
(iii) For new highway projects subject to this paragraph with
an anticipated average daily traffic volume of 50,000 or
more vehicles within ten years of construction, or mod-
ifications to highway projects subject to this paragraph
which will increase average daily traffic volume by 25,000
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or more vehicles within ten years after modification, the
Administrator's decision on the approval or disapproval
of an application shall be based on the considerations to
be published as an Appendix to this Part in addition to
the requirements of paragraph (b) (6) (i) of this section.
(7) The determination of the air quality impact of a proposed indi-
rect source "at reasonable receptor or exposure sites", shall mean
such locations where people might reasonably be exposed for time
periods consistent with the national ambient air quality standards
for the pollutants specified for analysis pursuant to this para-
graph.
(8) (i) Within 20 days after receipt of an application or addition
thereto, the Administrator shall advise the owner or opera-
tor of any deficiency in the information submitted in sup-
port of the application. In the event of such a defi-
ciency, the date of receipt of the application for the
purpose of paragraph (b) (8) (ii) of this section shall
be the date on which all required information is received
by the Administrator.
(ii) Within 30 days after receipt of a complete application,
the Administrator shall:
(a) Make a preliminary determination whether the indirect
source should be approved, approved with conditions
in accordance with paragraphs (b) (9) or (10) of this
section, or disapproved.
(b) Make available in at least one location in each re-
gion in which the proposed indirect source would be
constructed, a copy of all materials submitted by the
owner or operator, a copy of the Administrator's
preliminary determination, and a copy or summary of
other materials, if any, considered by the Adminis-
trator in making his preliminary determination; and
(c) Notify the public, by prominent advertisement in a
newspaper of general circulation in each region in
which the proposed indirect source would be con-
structed, of the opportunity for written public com-
ment on the information submitted by the owner or
operator and the Administrator's preliminary deter-
mination on the approvability of the indirect source.
(iii) A copy of the notice required pursuant to this subpara-
graph shall be sent to the applicant and to officials
and agencies having cognizance over the location where
the indirect source will be situated, as follows: State
and local air pollution control agencies, the chief exec-
utive of the city and county; any comprehensive regional
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land use planning agency; and for highways, any local
board or committee charged with responsibility for activ-
ities in the conduct of the urban transportation planning
process (3-C process) pursuant to 23 U.S.C. 134.
(iv) Public comments submitted in writing within 30 days after
the date such information is made available shall be con-
sidered by the Administrator in making his final decision
on the application. No later than 10 days after the close
of the public comment period, the applicant may submit a
written response to any comments submitted by the public.
The Administrator shall consider the applicant's response
in making his final decision. All comments shall be made
available for public inspection in at least one location
in the region in which the Indirect source would be lo-
cated.
(v) The Administrator shall take final action on an applica-
tion within 30 days after the close of the public comment
period. The Administrator shall notify the applicant in
writing of his approval, conditional approval, or denial
of the application, and shall set forth his reasons for
conditional approval or denial. Such notification shall
be made available for public inspection in at least one
location in the region in which the indirect source would
be located.
(vi) The Administrator may extend each of the time periods
specified in paragraphs (b) (8) (ii), (iv), or (v) of
this section by no more than 30 days, or such other peri-
od as agreed to by the applicant and the Administrator.
(9) (i) Whenever an indirect source as proposed by an owner or
operator's application would not be permitted to be con-
structed for failure to meet the tests set forth pursuant
to paragraphs (b) (4) (i), (b) (5) (i), or (b) (6) (i)
and (iii) of this section, the Administrator may impose
reasonable conditions on an approval related to the air
quality aspects of the proposed indirect source so that
such source, if constructed or modified in accordance
with such conditions, could meet the tests set forth
pursuant to paragraphs (b) (4) (i), (b) (5) (1), or (b)
(6) (i) and (iii) of this section. Such conditions may
include, but not be limited to:
(a) Binding commitments to roadway improvements or ad-
ditional mass transit facilities to serve the in-
direct source secured by the owner or operator from
governmental agencies having jurisdiction thereof;
(b) Binding commitments by the owner or operator to
specific programs for mass transit incentives for
employees and patrons of the source; and
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(c) Binding commitments by the owner or operator to con-
struct, modify, or operate the indirect source in
such a manner as may be necessary to achieve the
traffic flow characteristics published by the Envi-
ronmental Protection Agency pursuant to paragraph
(b) (4) (ii) of this section.
(ii) The Administrator may specify that any items of informa-
tion provided in an application for approval related to
the operation of an indirect source which may affect the
source's air quality impact shall be considered permit
conditions.
(10) Notwithstanding the provisions relating to modified indirect
sources contained in paragraph (b) (2) of this section, the Ad-
ministrator may condition any approval by reducing the extent to
which the indirect source may be further modified without resub-
mission for approval under this paragraph.
(11) Any owner or operator who fails to construct an indirect source
in accordance with the application as approved by the Administra-
tor; any owner or operator who fails to construct and operate ah
indirect source in accordance with conditions imposed by the Ad-
ministrator under paragraph (b) (9) of this section; any owner
or operator who modifies an indirect source in violation of con-
ditions imposed by the Administrator under paragraph (b) (10) of
this section; or any owner or operator of an indirect source
subject to this paragraph who commences construction,or modifi-
cation thereof after December 31, 1974, without applying for and
receiving approval hereunder, shall be subject to the penalties
specified under section 113 of the Act and shall be considered in
, violation of an emission standard or limitation under section 304
'of the Act. Subsequent modification to an approved indirect
source may be made without applying for permission pursuant to
this paragraph only where such modification would not violate any
condition imposed pursuant to paragraphs (b) (9) and (10) of this
section and would not be subject to the modification criteria set
forth in paragraph (b) (2) of this section.
(12) Approval to construct or modify shall become invalid if construc-
tion or modification is not commenced within 24 months after re-
ceipt of such approval. The Administrator may extend such time
period upon satisfactory showing that an extension is justified.
The applicant may apply for such an extension at the time of ini-
tial application or at any time thereafter.
(13) Approval to construct or modify shall not relieve any owner or
operator of the responsibility to comply with the control strategy
and all local, State and Federal regulations which are part of the
applicable State implementation plan.
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(14J Where the Administrator delegates the responsibility for imple-
menting the procedures for conducting Indirect source review pur-
suant to this paragraph to any agency/other than a regional of-
fice of the Environmental Protection Agency, the following pro-
visions shall apply:
(i) Where the agency designated is not an air pollution
, . control agency, such agency shall consult the appropri-
ate State or local air pollution control agency prior to
making any determination required by paragraphs (b) (4),
(5), or (6) of this section. Similarly, where the agency
designated does not have continuing responsibilities for
land use planning, such agency shall consult with the
appropriate State or local land use and transportation
planning agency prior to making any determination re-
quired by paragraph (b) (9) of this section.
(ii) The Administrator of the Environmental Protection Agency
shall conduct the indirect source review pursuant to
this paragraph for any indirect source owned or operated
by the United States Government.
(iii) A copy of the notice required pursuant to paragraph (b)
(8) (ii) (c) of this section shall be sent to the Admin-
istrator through the appropriate Regional Office.
(15) In any area in which a "management of parking supply" regulation
which has been promulgated by the Administrator is in effect, in-
direct sources which are subject to review under the terms of such
a regulation shall not be required to seek review under this para-
graph but instead shall be required to seek review pursuant to
such management of parking supply regulation. For purposes of
this paragraph, a "management of parking supply" regulation shall
be any regulation promulgated by the Administrator as part of a
transportation control plan pursuant to the Clean Air Act which
requires that any new or modified facility containing a given num-
ber of parking spaces shall receive a permit or other prior approv-
al,, issuance of which is to be conditioned on air quality consid-
erations.
(16) Notwithstanding any of the foregoing provisions to the contrary,
the operation of this paragraph is hereby suspended pending fur-
ther notice. No facility which commences construction prior to
the expiration of the sixth month after the operation of this para-
graph is reinstated (as to that type of facility) shall be subject
to this paragraph.
(37 FR 10846, May 31, 1972 as amended at 40 FR 28065, July 3,
1975; 40 FR 40160, Sept. 2, 1975)
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(12.0) 52.1583 Regulation for annual inspection and maintenance.
(a) Definitions:
ii
1. "Inspection and maintenance program" means a program to
reduce, emissions from in-use vehicles through indentifyina vehicles that
need emission control related maintenance and requiring that such
maintenance be performed.
2. "Light-duty vehicle" means a gasoline-powered motor
vehicle rated at 6,000 Ib GVW or less.
3. "Medium-duty vehicle" means a gasoline-powered motor
vehicle rated at more than 6,000 Ib GVW and less than 10,000 Ib GVW.
4. All other terms used in this paragraph that are defined in
40 CFR Part 51, Appendix M, are used herein with the meanings therein
defined.
(b) This section is applicable in the New Jersey portion of the
New Jersey-New York-Connecticut AQCR for light and medium-duty
vehicles, and applicable in the New Jersey portion of the Metropolitan
Philadelphia AQCR for light-duty vehicles only.
. (c) The State of New Jersey shall continue to administer and enforce
its own inspection and maintenance program in effect on the date of .
promulgation of this section, and, in addition, shall establish an inspection
and maintenance program applicable to all light-duty and medium-duty
vehicles registered in the Regions that operate on streets and highways
over which it has ownership or control in conformity with the requirements
of this section. No later than July 1, 1974, the State shall submit legally
adopted regulations to the Administrator for such a program. The State
may exempt any class or category of vehicles which the State finds are
rarely used on public streets and highwasy (such as classic or antique
vehicles). The regulations shall include:
.1. Provisions for inspection of all such motor vehicles at
periodic intervals at least once each year by means of the test in use by the
State on the date of promulgation of this section or such other type
of,test as may be approved by the Administrator.
. 2. Provisions for inspection failure criteria consistent with
the failure of 30 percent of the vehicles tested during the first
inspection .cycle.
... 3. Provisions to require that failed vehicles receive, within
2 weeks,, the maintenance necessary to achieve compliance with the inspection
standards.. These provisions shall include sanctions against non-complying
individual owners and repair facilities, retest of failed vehicles
following maintenance, a certification program to insure that repair
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facilities performing the required maintenance have the necessary
equipment, parts, and knowledgeable operators to perform the tasks
satisfactorily, and such other measures as may be necessary or
appropriate..
4.. A program of enforcement, such as a spot check of idle
adjustment, to insure that, following maintenance, vehicles are not
subsequently readjusted or modified in such a way as would cause them
no longer to comply with the inspection standards. This program shall
include appropriate penalties for violation.
5. Designation of an agency or agencies responsible for
conducting, overseeing, and enforcing the inspection and maintenance
program.
(d) Commencing January 1, 1975, the State shall not register or
allow to operate on its highways any light-duty vehicle or medium-duty
vehicle that does not comply with the applicable standards and procedures
adopted pursuant to paragraph (c) of this section. This shall not apply
to the initial registration of a new motor vehicle.
(e) Commencing January 1, 1975, no owner of a light-duty or medium-
duty vehicle shall operate or allow the operation of any such vehicle
that does not comply with the applicable standards and procedures
adopted pursuant to paragraph (c) of this section. This shall not
apply to the initial registration of a new motor vehicle.
(f) The State of New Jersey shall submit, no later than April 15,
1974, a detailed compliance schedule showing the steps it will take
(or has taken) to establish and enforce a state-operated inspection
and maintenance program pursuant to paragraph (c) of this section,
including the text of any adopted legislation and any needed regulations
that 'it will propose for adoption. The compliance schedule shall also
include:
1. The date by which the State will recommend any needed
legislation to the State legislature;
2. The date by which an additional necessary equipment will
be ordered;
3. A statement from the Governor and State Treasurer identifying
the sources and amounts of funds for the program. If funds cannot be
legally obligated under existing statutory authority, the text of needed
legislation must be submitted.
,(38 FR.31393, Nov. 13, 1973, as amended at 39 FR 12101, Apr. 3, 1974)
(12.0) .52.1584. Exhaust gas recirculation retrofit.
(a) Definitions:
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1. "Exhaust gas recirculation (EGR) - airbleed" means a system
or'device (such as a modification to the engine's carburetor or positive
crankcase ventilation system) which results in engine operation at an
increased air-fuel ratio so as to achieve reductions in exhaust emissions
of hydrocarbons and carbon monoxide from 1970 and earlier light-duty
vehicles of at least 25 percent and 50 percent, respectively.
2. "Medium-duty vehicle, gasoline-powered vehicle" means any
motor vehicle rated at more than 6,000 GVW and less than 10,000 Ib GVW
and powered by a gasoline-burning engine.
3. "Antique motor vehicles" shall be those motor vehicles so
defined by the New Jersey Department of Motor Vehicles.
4. All other terms used in this section that are defined in
Appendix N of Part 51 of this chapter are used herein with the meanings
so defined.
(b) This section is applicable in the New Jersey portion of the New
Jersey-New York-Connecticut AQCR for light-duty and medium-duty vehicles,
and applicable in the New Jersey portion of the Metropolitan
Philadelphia AQCR for light-duty vehicles only.
(c) The State of New Jersey shall establish a retrofit program to
ensure that on or before August 1, 1976, all gasoline-powered light-duty
vehicles of model years prior to 1971 that are subject under presently
existing legal requirements for registration in the area defined in
paragraph (b) of this section are equipped with an appropriate EGR-
airbleed device, or other device as approved by the Administrator that
will reduce exhaust emissions of hydrocarbons and carbon monoxide to the
same extent as the EGR-airbleed device. No later than April 15, 1974,
the State shall submit legally adopted regulations to the Administrator
establishing such a program. The regulations shall include:
.1: Designation of any agency responsible for ensuring that the
provisions of devices for use on vehicles subject to this section.
2. Designation of any agency responsible for ensuring that the
provisions of paragraph (c)(3) of this section are enforced.
. 3. A provision requiring that no later than August 1, 1976,
no vehicle for which retrofit is required under this section shall pass
the annual emissions test provided for by 52.1583 as a prerequisite to
annual registration unless it has first been equipped with an approved
EGR-airbleed device, or other approved device that the test has shown
to.be installed and operating correctly. The regulations shall include
test procedures and failure criteria for implementing this provision.
4. Procedures for ensuring that those installing the retrofits
have the training and ability to perform the needed tasks satisfactorily
and have ajr adequate supply of retrofit components.
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(d) After August 1, 1976, the State shall not register or allow
to operate on its streets or highways any light-duty or medium-duty
vehicle that does not comply with the applicable standards and procedures
adopted pursuant to paragraph (c) of this section.
(e) After August 1, 1976, no owner of a vehicle subject to this
section shall operate or allow the operation of any such vehicle that
does not comply with the applicable standards and procedures implementing
. this section.
(f) The State of New Jersey may exempt any class or category of
vehicles which the State finds is rarely used on public streets or
highways (such as classic or antique vehicles) or for which the State
demonstrates to the Administrator that EGR-airbleed devices are not
commercially available.
(g) The State of New Jersey shall submit to the Administrator, no
later than July 1, 1974, a detailed compliance schedule showing the steps
it will take to establish and enforce a retrofit program pursuant to
paragraph (c) of this section, including the text of needed statutory
proposals and needed regulations that it will propose for adoption.
The compliance schedule shall also include a date by which the State shall
evaluate and-approve devices for use in this program. Such date shall
be no later than September 30, 1974.
(38 FR 31393, Nov. 13, 1973, as amended at 39 FR 12101, Apr. 3, 1974)
(12.0) 52.1585 Oxidizing catalyst retrofit.
(a) Definitions:
1. "Oxidizing catalyst" means a device that uses a catalyst
installed -in the exhaust system of a vehicle and, if necessary, includes
an air pump to reduce emissions of hydrocarbons and carbon monoxide by
50 percent from that vehicle.
2. "Medium-duty, qasoline-powered vehicle" means any motor
vehicle rated at more than 6~000 Ib GVW and less than 10,000 Ib GVW
and powered by a gasoline-burning engine.
i
3. All other terms used in this section that are defined in
Appendix N to Part 51 of this chapter are used herein with the meanings
so defined.
(b) This section is applicable in the New Jersey portion of the
New Jersey-New York-Connecticut AQCR for light.and medium-duty vehicles,
and applicable in the Mew Jersey portion of the Metropolitan Philadelphia
AQCR for light-duty vehicles only.
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(c) The State of New Jersey shall establish a retrofit program to
ensure that on or before May 31, 1977, certain gasoline-powered, light-
duty and medium-duty vehicles of model years 1971 through 1974, that are
able to operate on 91 RON gasoline, and that are subject under presently
existing legal requirements to registration in the area defined in
paragraph (b) of this section are equipped with an appropriate oxidizing
catalyst retrofit, device or other device as approved by the Administrator,
that will reduce exhaust emissions of hydrocarbons and carbon monoxide to
the same extent as an oxidizing catalytic converter. No later than
September 1.-1974, the State shall submit legally adopted regulations
to the Administrator establishing such a program. The regulations
shall include:
1. Designation of an agency responsible for evaluating
and approving such devices for use on vehicles subject to this section.
2. Designation of an agency responsible for ensuring that
the provisions of paragraph (c)(3) of this section are enforced.
'3. A provision that starting no later than May 31, 1977, no
vehicle for which retrofit is required under this section shall pass the
annual emissions test provided for by 52.1583 as a prerequisite to
annual registration unless it has first been equipped with an approved
oxidizing catalyst retrofit or ther approved retrofit device that the
test has shown to be installed and operating correctly. The regulations
shall include test procedures and failure criteria for implementing this
provision..
4.. Procedures for insuring that those installing the retrofits
have the training and ability to perform the needed tasks satisfactorily
and have an.adquate supply of retrofit components.
(d) After May 31, 1977, the State shall not register or allow to
operate on its streets or highways any light-duty or medium-duty vehicle
that does not comply with the applicable standards and procedures adopted
pursuant to paragraph (c) of this section.
(e) After May 31, 1977, no owner of a vehicle subject to this section
shall operate or allow the operation of any such vehicle that does not
comply with the applicable standards and procedures implementing this
section.
' (f) . Jhe State of New Jersey shall submit to the Administrator, no
later than July 1, 1974, a detailed compliance schedule showing the
steps it will take to establish and enforce a retrofit program pursuant
to paragraph (c) of this section, including the text of needed statutory
proposals and needed regulations that it will propose for adoption. The
compliance schedule shall, also include a date by which the State shall
evaluate and approve devices for use in this program. Such date shall be
no later than September 30, 1975.
(38 FR 31394, Nov. 13, 1973, as amended at 39 FR 12101, Apr. 3, 1974)
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(12.0) 52.1587 Regulation limiting on-street parking.
(a) Definitions:
1. "On-street parking" means stopping a motor vehicle on any
street, highway, or roadway (except for legal stops) at or before
intersections and as caution and safety require, whether or not a
persons remains in the vehicle.
2. "Central Business District (CBD)" shall be defined as
each area specified in paragraph (e) of this section.
(b) Beginning on or before January 1, 1975, the State of New
Jersey together with the cities and towns designated in paragraph (e) of
this section and other political or administrative subdivisions of the
State shall prohibit on-street parking on all streets, highways, and
other roads within each CBD as defined in paragraph (e) of this section
over which they have ownership or control. Such prohibition shall be in
effect, as a minimum, during the hours of 6 to 10 a.m. and 4 to 6 p.m.,
except on Saturdays, Sundays, and legal holidays. No later than September
1, 1974, each affected government entity shall submit to the Administrator
legally adopted regulations establishing such a program. At a minimum,
such regulations must provide that a vehicle parked in violation of the
prohibition shall be towed away, and the owner and/or operator of such
vehicle shall be fined not less than $50 for each violation.
(c) Commencing January 1, 1975, no owner of a motor vehicle shall
park, or permit the parking of, said vehicle on a street or roadway
within any CBD defined in paragraph (e) of this section.
(d) The governmental entities subject to this section shall, submit
to the Administrator, no later than July 1, 1974, detailed compliance
schedules showing the steps they will take to establish and enforce the
on-street parking limitation program, including statutory proposals and
needed regulations that they will propose for adoption. Each compliance
schedule shall include the date by which the governmental entities will
recommend needed legislation to the appropriate body and will identify
the state, county, or city officer responsible for enforcement. Each
governmental entity may propose exemptions for vehicles owned by
residents that are parked within 0.5 miles of the owner's residence,
if such on-street parking is made necessary by the lack of other parking
facilities, and if such parking is on a minor street that carries a low
volume .of traffic during the time of day the prohibition is in effect.
All such exemptions shall be subject to the Administrator's approval.
(e) For.purposes of this section, the CBD's for each of the
following cities shall be bounded and described as follows:
1. Camden. Beginning at a point formed by the intersection
of US-30 and Mickle Street, extended; thence south along Mickle Street
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arcing to the south and west, to the intersection of Mickle
Street,and Third Street; thence north along Third Street to the Benjamin
Franklin Bridge; thence east along the line of the Bridge to US-30;
thence finally east along US-30, arcing to the east and south, to the
intersection of US-30 with Mickle Street extended, the point of beginning.
Streets forming boundaries shall be included in the CBD.
2. Newark. Beginning at a point formed by the intersection of
Center Street and McCarter Highway (Highway 21); thence north along McCarter
Highway to Lombardi Street; thence west along Lombard! Street to Altantic
Street; thence north on Atlantic Street to Bridge Street; thence west on
Bridge Street to Broad Street; thence north on Broad Street to Orange
Street; thence west on Orange Street to Essex Street; thence north on
Essex Street to James Street; thence east on James Street to Washington
Street; thence south on Washington Street to Warren Street; thence west on
Warren Street to University Avenue; thence south on University Avenue to
Market Street; thence west on Market Street to Arlington Street; thence
south on Arlington Street to William Street; thence east on William Street
to Broad Street; thence south on Broad Street to Walnut Street; thence
east on Walnut Street to Mulberry Street; thence north on Mulberry
Street to Park Street; thence west on Park Street to Kitchell Street;
thence north on Kitchell Street to Center Street; thence finally east on
Center Street to its intersection with McCarter Highway, the point of
beginning. Streets forming boundaries shall be including in the CBD.
I
3. Trenton. Beginning at a point formed by the intersection
of Armory Drive and Front Street; thence west on Front Street to Willow
Street to State Street; thence east on State Street to Warren Street;
thence north on Warren Street to Hanover Street; thence east on Hanover
Street to-Stockton Street; thence south on Stockton Street to Merchant
Street;-thence east on Merchant Street to West Cannal Street; thence
south on'West Canal Street; across State Street, to its intersection
with Armory Drive; thence finally south on Armory Drive to point of
beginning.' Streets forming boundaries shall be including in the CBD.
(38 FR 313,94, Nov. 13, 1973, as amended at 39 FR 12101, Apr. 3, 1974;
40 FR 2802, Jan. 16, 1975).
'i
(12.0) 52.1588 Management of parking supply,
(a) Definitions:
1. All terms used in this section but not specifically defined
below 'have the meaning given them in Parts 51 and 52 of this chapter.
2-. "Parking facility" (also called "facility") means a lot,
garage, building or structure, or combination or portion thereof, in
or^on whibh motor vehicles are temporarily parked.
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3. "Vehicle trip" means a single movement by a motor vehicle
that originates or terminates at a parking facility.
4. "Construction" means fabrication, erection, or installation
of a parking facility, or any conversion of land, building, structures
or portion thereof, for use as a facility.
5. "Modification" means any change to a parking facility that
increases or may increase the motor vehicle capacity of or the motor
vehicle activity associated with such parking facility.
6. "Commence" means to undertake a continuous program of
on-site construction or modification.
(b) This regulation is applicable in the New Jersey portions of
the New Jersey-New York-jConnecticut and Metropolitan Philadelphia
AQCR's.
(c) The reguirements of this section are applicable to the
following parking facilities in the areas specified in paragraph (b),
the construction or modification of which is commenced after January
1, 1975:
1, Any new parking facility with parking capacity for 50
or more motor vehicles;
2. Any parking facility that will be modified to increase
parking capacity by 50 or more motor vehicles; and
3. Any parking facility constructed or modified in increments
which individually are not subject to review under this section, but
which, when all such increments occurring since August 15, 1973, are
added together as a total would subject the facility to review under
this section.
(d) No person shall commence construction or modification of any
facility subject to this section without first obtaining written approval
from the Administrator or an agency designated by him; provided, that
this paragraph shall not apply to any proposed parking facility for which
a general construction contract was finally executed by all appropriate
parties on or before January 1, 1975.
(e) No approval to construct or modify a facility shall be granted
unless the applicant shows to the satisfaction of the Administrator or
agency approved by him that:
1. The design or operation of the facility will not cause a
violation of the control stratgey which is part of the applicable
implementation'plan, and will be consistent with the plan's VMT reduction
goals. '
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2. The emissions resulting from the design or operation of
the.facility will not prevent or interfere with the attainment or
maintenance of any national ambient air quality standard at any time
within 10 years from the date of application.
(f) All applications for approval under this section shall include
the following information:
1. Name and address of the applicant.
2. Location and description of the parking facility.
3. A proposed construction schedule.
4. The normal hours of operation of the facility and the
enterprises and activities that it serves.
5. The total motor vehicle capacity before and after the
construction or modification of the facility.
(g) All applications under this section for new parking facilities
with parking capacity for 250 or more vehicles, or for any modification
which, either individually or together with other modification since
January 1, 1975, will increase capacity by that amount, shall, in addition
to that information required by paragraph (f) of this section, include
the following information unless the applicant has received a waiver
from the provisions of this paragraph from the Administrator or agency.
approved by him:
1. The number of people using or engaging in any enterprises
or activities that the facility will serve on a daily basis and a peak
hour basis.
2. A projection of the geographic areas in the community from
which people and motor vehicles will be drawn to the facility. Such
projection shall include data concerning the availability of mass
transit from such areas.
3. An estimate of the average and peak hour vehicle trip
generation rates, before and after construction or modification of the
facility; :
4. An estimate of the effect of.the facility on traffic
pattern and flow.
,5. An estimate of the effect of the facility on total VMT
for the air quality control region.
6. An analysis of the effect of the facility on site and
regional a^ir quality, including a showing that the facility will be
compatibly with the applicable implementation plan, and that the facility
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will not cause any national air quality standard to be exceeded within 10
years from date of application. The Administrator may prescribe a
standardized screening technique to be used in analyzing the effect of
the facility on ambient air quality.
7. Additional information plans, specifications, or documents
required by the Administrator.
(h) Each application shall be signed by the owner or operator of the
facility, whose signature shall constitute an agreement that the facility
shall be operated in accordance with applicable rules, regulations, permit
conditions, and the design submitted in the application.
(i) Within 30 days after receipt of an application, the Administrator
or agency approved by him shall notify the public, by prominent advertise-
ment in the Region affected, of the receipt of the application and the
proposed action on it (whether approval, conditional approval, or denial),
and shall invite public comment.
1.. The application, all submitted information, and the terms of
the proposed action shall be made available to the public in a readily
accessible place within the affected air quality control region.
2. Public comments submitted within 30 days of the date such
information is made available shall be considered in making the final
decision on the application.
3.. The Administrator or agency approved by him shall take
final action (approval, conditional approval, or denial) on an application
with'in 30'days after close of the public comment period.
(38 FR 31395, Nov. 13, 1973, as amended at 39 FR 1849, Jan. 15, 1974)
Note: -The provisions of 52.1588 were suspended indefinitely at
40 FR 29714, July 15, 1975.
(12.0) 52.1589 Preferential bus/carpool treatment.
(a) Definitions:
1. For purposes of this section, "carpool" means a motor vehicle
containing three or more persons.
"2. "Bus/carpool lane" means a lane on a street or highway open
only to buses (or buses and carpools), whether constructed especailly
for that purpose or converted from existing lanes.
(b) The provisions of this section apply to the New Jersey portion
of the Nevy Jersey-New York-Connecticut Interstate AQCR and the New Jersey
portion of the Metropolitan Philadelphia AQCR.
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(c) Each appropriate governmental entity shall establish bus/carpool
lanes on. the following highways or traffic flow corridors over which it
has ownership or control:
' .1. Interstate Route 495 from the New Jersey Turnpike to the'
Lincoln funnel.
2. New Jersey Route 3 from the New Jersey Turnpike to the
intersection of New Jersey Route 3 and New Jersey Route 46.
3. U.S. Route 30 and New Jersey Route 155 from the Benjamin
Franklin Bridge to the intersection of New Jersey Route 130 and U.S.
Route 30.
4. The corridor from the George Washington Bridge to
Paterson, New Jersey.
(d) Each affected governmental entity shall submit to the Administra-
tor, no later than July 1, 1974, a detailed compliance schedule showing
the steps, w.hich it will take to establish bus/carpool lanes on those
highways and traffic flow corridors hereinbefore identified and to enforce
'the limitations on their use. Each schedule shall be subject to approval
by the Administrator and shall be designated for the use of bus/carpool
lanes.
(e) Bus/carpool lanes must be operational at a minimum between
the hours of 6:30 a.m. to 9:30 a.m. and 3:30 p.m..to 6:30 p.m.
(f) Bus/carpool lanes must be prominently indicated by distinctively
painted lines, pylons, overhead signs, or physical barriers. Twenty-five
percent of'the lanes for each of the governmental entities must HP pstah-
lished and fully operational by October 1, 1974; 50 percent by December
1, 1975; 75 percent by February 1, 1975; and .100 percent by May 1, 1975.
(g) On any street or highway indentified in paragraph (c) of this
section, or on the street or highway designated for bus/carpool use in the
George Washington Bridge-Paterson corridor, no existing emergency lane or
lane used for on-street parking shall be converted for bus/carpool use
or general traffic use unless as a consequence two lanes shall thereby be
open only, to busses and/or carpools on that portion of the street or
highway where such conversion is effective.
(h) In addition to the bus/carpool lanes required to be created by
paragraph (c) of this section, the State of New Jersey shall establish in
the New Jersey portion of the New Jersey-New York-Connecticut Interstate
AQCR, no. later than May 31, 1977, an additional system of bus/carpool
lanes, totalling not less than 50 miles running in each direction. No
later than. January 1, 1976, the State shall submit to the Administrator
for approval as to form and substance a detailed compliance schedule showing
the steps it will take to establish, enforce, and maintain such a system.
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(i) A signed statement by the chief executive officer of each
affected governmental 'entity or his designee shall be submitted to the
Administrator on or before July 1, 1974, to identify the source and
amount of funds for allocation required by this section; provided, that
such a statement relating to the additional system required by paragraph
(h) of this section shall be submitted no later than January 1, 1976.
(j) Each affected governmental entity shall submit to the Administra-
tor, no later than August 1, 1974, legally adopted regulations to
implement and enforce the provisions of this section; provided, that
such regulations relating to the additional system required by paragraph
(h) of this section shall be submitted no later than January 1, 1976.
(38 FR 31395, Nov. 13, 1973, as amended at 39 FR 12101, Apr. 3. 1974).
(12.0) 52.1590 Employer's provision for mass transit priority incentives.
(a) Definitions: All terms used in this section but not defined
herein shall have the meaning given them in the Clean Air Act and in
Parts 51 a.nd 52 of this chapter:
1; "Carpool" means a vehicle containing two or more persons.
2. "Employee parking space" means any parking space reserved
or provided by an employer and made available for the use of his employees.
;3. "Employer" means any person who provides 400 or more employee
parking spaces for use by employees of his facility.
4. "Facility" means any building or group of buildings at
one location (e.g., an industrial complex, state office building complex)
owned or operated by any person.
5. "Transit incentive program" means a mix of incentive or
disincentive provisions most likely to obtain maximum use of carpooling
and mass transit so as to reduce vehicle miles traveled (VMT). Some
incentive examples are: subsides to employees using mass transit,
preferential parking or other benefits for those who travel in carpools,
provision.of vanpooling services, provision of special charter or employer
buses to and from mass transit stops and formal information system so that
employees ;can select optimum carpool arrangements. Some examples of
disincentive provisions are: Reduction in employee parking spaces, sur-
charges on use of parking spaces for single passenger drivers and non-
preferential parking fo single passenger drivers. Such program shall
also include procedures for the submission of reports as provided in
paragraph (1) of this section, and shall be accompanied by the baseline
data required by paragraph (m) of this section.
(b) This section is applicable in the New Jersey portion of the New
Jersey-New York-Connecticut and Metropolitan Philadelphia Interstate AQCR's
(''the Regions").
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(c) Each employer in the Regions who provides 400 or more employee
parking spaces for any facility shall fully implement and maintain a
transit incentive program for that facility in accordance with a plan
approved by the Administrator under paragraph (f) of this section or
prescribed by the Administrator under paragraphs (g), (h), or (j) of
this section.
(d) Each employer in the Regions who on July 1, 1974 provides 400
or more employee parking spaces for any facility shall submit to the
Administrator on or before July 1, 1974, a transit incentive program
for the facility.
(e) Each employer in the Regions who at any time after July 1, 1974
provides 400 or more employee parking spaces for any facility shall submit
to the Administrator within 60 days from the time such spaces were provided
a transit incentive program for that facility.
(f) Within 60 days of receipt by EPA of a transit incentive program
the Administrator shall approve or disapprove such program. Notice of such
approval will be published in Part 52 of Title 40, Code of Federal Regula-
tions. :
. (g) Within 30 days after an employer's transit incentive program
has been disapproved pursuant to paragraph (f) of this section, the
Administrator shall prescribe a program for such employer.
(h) Within 90 days from the time an employer becomes subject to
the'requirements of this section, the Administrator shall prescribe a
transit incentive program for each such employer who has failed to submit
a proposed program pursuant to paragraph (d) or (e) of this section.
(i) If; after the Administrator has approved a transit incentive
program, the employer fails to submit any reports in full compliance with
paragraph (1) of this section, or if the Administrator finds that any
such report has been intentionally falsified, or if the Administrator
determines that the program is not being fully implemented and maintained,
the Administrator may take enforcement action to require correction of
reports and compliance with such program, or he may revoke the approval of
such program. Notice of such revocation will be published in Part 52 of
Title 40, Code of Federal Regulations.
(j) Within 60 days after any revocation pursuant to paragraph (i)
of this section, the Administrator shall prescribe a transit incentive
program for .the affected employer.
(k) Any transit incentive program prescribed by the Administrator
in accordance with paragraphs (g), (h) or (j) of this section shall be
published 1n Part 52 of Title 40, Code of Federal Regulations,
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(1) Each employer in the Regions subject to the requirements of
paragraph (c) of. this section shall submit semiannual reports to the
Administrator fo'r each facility covered by a transit incentive program.
The semiannual reporting periods are January 1-June 30 and July 1,-December
31. '. '
Semiannual reports shall be submitted within 45 days after the end of
each reporting period (i.e., by February 15 and August 15 of each year).
The first semiannual report, therefore, must be submitted within 45
days after the end of the first reporting period during which an employer's
program was in effect unless such program was in effect for 90 days or less.
In such case the first semi-annual report shall be due within 45 days
after the end of the next reporting period. Such reports shall include
the following information for each facility for a typical workday (specified
by date within the report) during the reporting period:
1. The total number of parking spaces available for employee
use.
.,2. The total number of employees.
3. The number of employees driving to work alone (whether or
not they use employee parking).
4. The number of employees driving to work in carpools (whether
or not they use employee parking).
5. The number of employees using public transportation.
6. The number of employees using other means to come to
work (walking, bicycles, motorcycles, etc.).
7. The number of vehicles per day used for carpools (whether or
not using employee parking).
8. The total of all vehicle-miles-traveled per day by all
vehicles in which employees are driving alone.
.9. 'The total of all vehicle-miles-traveled per day by all
carpool vehicles.
10. A.brief discription of the method by which the vehicle-
miles-traveled: were estimated.
11. If a facility has more than one work shift, specify the hours
of each shift and the average percentage of total employees in each shift.
If employees rotate among shifts, so specify.
12. A narrative describing the status of the employer's efforts
towards promoting the use of mass transit, carpooling etc. Examples of
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items which might be included are: reports of employee carpool promotion
meetings; employer sponsored improvements to mass transit facilities;
efforts by the employer in maintaining present, and creating new
incentive or. disincentive measures in the program.
(m) When an employer submits a transit incentive program
pursuant to this regulation, he shall include with the submission
"baseline" information representative of a typical workday (specified
by date) prior to the implementation of such program. The baseline data
selected must be one for which valid estimates or actual data are avail-
able. Such date shall be no earlier than August 1, 1973 and no later
than April V, 1974 for those employers subject to paragraph (d) of this
section, and no earlier than eight months prior to submission of the
transit incentive program for those employer's subject to paragraph
(e) of this section. The baseline information to be submitted is the
same as specified or semiannual reports in paragraph (1) of this section.
(n) Mhen an employer previously subject to paragraph (d) or (e)
of this section subsequently reduces to below 400 the number of employee
parking spaces, he shall no longer be subject to the requirements of
this section, unless and until he again provides 400 employee parking
spaces. Probative evidence of such a reduction must be submitted to
and accepted by the Administrator before the transit incentive program
may be discontinued.
(o) The Administrator has approved transit incentive programs for
the following employers under the provisions of paragraph (f) of this
regulations:
.1.. On April 21, 1975:
Addressograph Multigraph Corp., 11 Mt. Pleasant Avenue, East Hanover,
. New Jersey 07936.
Airco Welding Products, Div. of Airco, Inc., P.O. Box 281, Clermont
Terrace, Union, New Jersey 07083
Allied Chemical Corporation, P.O. Box 2245R, Morristown, New
Jersey 07960
Amax-U.S. -Metals Refining Company, 400 Middlesex Avenue, Carteret,
.New Jersey 07008.
American Can Company, 600 North Union Avenue, Union, New Jersey 07205.
American 'Cyanamid Company, Agricultural Division, P.O. Box 400,
Princeton, New Jersey 08540.
American Cyanamid Company, Wayne, New Jersey 07470.
American Hoechst Corporation, Route 202-206 North, Somerville, New
Jersey 08876.
Anchor Hocking Corporation, P.O. Box 80, Salem, New Jersey 08079.
Anheuser-Busch, Inc., 200 U.S. Highway 1, Newark, New Jersey 07101.
Becton, Di-ckison, and Company, Rutherford, New Jersey 07070.
Bell Laboratories, 600 Mountain Avenue, Murray Hill, New Jersey 07974.
Be.ndix Corporation, Electric Power Division, Eatontown, New Jersey 07724.
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Bendix Navigation & Control Division, Teterboro, New Jersey 07608.
Boy Scouts of America, North Brunswick, New Jersey 08902.
Bristol-Myers Products, Division of Bristol-Myers Company,
225 Long Avenue, Hillside, New Jersey 07207.
Campbell Soup Company, Camden, New Jersey 08101.
Carter-Wallace, Inc., Half Acre Road, Cranbury, New Jersey 08512.
Chubb & Son, Inc., 51 John F. Kennedy Parkway, Short Hills,
New Jersey 07078.
Ciba-Geigy Corporation, Pharmaceuticals Division, 556 Morris Avenue,
Summit, New Jersey 07901.
CPC International, Inc., International Plaza, Englewood Cliffs,
New Jersey 07632
Crum & Foster Insurance Company, Madison Avenue at Canfield Road,
P.O. Box 2387, Morristown, New Jersey 07960.
Curtiss-Wright Corporation, One Passaic Street, Woodridge,
New Jersey 07075.
Delco-Remy, Division of General Motors, New Brunswick,
New Jersey 08903.
Department of the Air Force, McGuire Air Force Base,
New Jersey 08641.
Department of the.Army, Fort Dix,
New,Jersey 08640
Department of the Army, Military Ocean Terminal,
Bayonne, New Jersey 07002.
DuPont Chambers Works, Deepwater,
New Jersey 08023.
Eastern Airlines Incorporated, Woodbridge Township,
Iselin, New Jersey 08830.
Educational Testing Service, Princeton,
New.Jersey 08540.
Exxon Chemical Company, P.O. Box 222,
Linden* New Jersey 07036
Ford Motor Company, Mahwah Assembly Plant, State Highway No. 17,
Mahwah, New.Jersey 07430.
General Motors, Fisher Body Division, Trenton Plant, Parkway Avenue,
Trenton, New Jersey 08605.
General Motors Corporation, Linden Plant, 1016 West Edgar Road,
.Linden, New Jersey 07036.
Givaudan Corporation, 100 Delawanna Avenue,
Clifton, New Jersey 07014.
GTE Information Systems, Incorporated, East Park Drive,
Mt. Laurel.-, New Jersey 08057.
Hackensack Hospital, 22 Hospital Place,
Hackensack, New Jersey 07601.
Hoffmann-Laroche, Incorporated, 340 Kingsland Street,
Nut!ey, New Jersey 07110.
Holly Stores,-Incorporated, 7373 West Side Avenue,
North Bergen, New Jersey 07047.
I.B.M. Corporation, P.O. Box 218,
Dayton, New Jersey 08810.
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I.B.M. Corporation, Parson's Pond Drive,
Franklin Lakes, New Jersey 07417.
Insurance Company of North America, Pacific Employers Group, 1600
Arch Street, Philadelphia, Pennsylvania 19101 (Somerdale,
New Jersey facility). ,
ITT, Avionics Division, 390 Washington Avenue,
Nutley, New Jersey 07110.
Johnson & Johnson, New Brunswick,
New Jersey 08903.
Lehn & Fink Products Company, 225 Summit Avenue,
Montvale, New Jersey 07645.
Thomas J. Upton, Incorporated, 800 Sylvan Avenue,
Englewood Cliffs, New Jersey 07632.
Lockheed Electronics Company, Incorporated, U.S. Highway No. 22
Planifield, New Jersey 07061.
The Lummus Company, 1515 Broad Street,
Blcornfield, New Jersey 07003.
The Mennen'Company, Hanover Road,
Morristown, New Jersey 07960.
Merk & Company, Incorporated, Rahway Site,
Rahway, New Jersey 07065.
Mobil Oil Corporation, Paulsborb,
New Jersey 08066.
Mobil Research and Development Corporation, Engineering Department,
P.O. Box 1026, Princeton, New Jersey 08540.
Monroe, The Calculator Company, The American Road,
Morris Plains, New Jersey 07950.
Naval 'Weapons Station Earle, Colts Neck,
New' Jersey 07722.
New Jersey Bank, N.A., P.O. Box 2177, West Paterson,
' New Jersey 07509.
New Jersey State Department of the Treasury, State House, 125 West
State- Street, Trenton, New Jersey 08625.
N.L. Industries, Incorporated, Titanium Pigment Division, P.O. Box 58,
South Amboy, New Jersey 08879.
Owens-Corning Fiberglas Corporation, Shreve & Davis Roads,
Barrington, New Jersey 08007.
Prentice-Hall, Incorporated, Englewood Cliffs,
New .Jersey 07632.
The Prudential Insurance Company of America, Prudential Plaza,
' Newark,. New Jersey 07101.
RCA, Front & Cooper Streets, Camden,
New Jersey 08102.
Rowe International, Incorporated, 75 Troy Hills Road,
Whippany, New Jersey 07981.
Sandoz Wander, Incorporated, Route 10, East Hanover,
NewJersey 07936.
Schering Corporation, Galloping Hill Road, Kenilworth,
New Jfrsey 07033.
Sea-Land Sfrvice, Incorporated, Fleet Street, P.O. Box 2000,
Elizabeth, New Jersey 07207.
I
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Shu 1 ton, Incorporated, 697 Route No. 46,
Clifton, New'Jersey 07015.
Siemens Corporation, 186 Wood Avenue, South,
Iselin, New -Jersey 08830.
Silver Burdett Company, 250 James Street, Morristown,
New Jersey 07960 (formerly General Learning Corp.).
Simmons Company, Brunswick Avenue and Allen Street,
Elizabeth, New Jersey 07207.
Singer Company, Kearfott Division, 1150 McBride Avenue,
Little Falls, New Jersey 07424.
E. R. Squibb & Sons, Incorporated, Georges Road,
New Brunswick, New Jersey 08903.
E. R. Squibb & Sons, Incorporated, P.O. Box 4000,
Princeton, New Jersey 08540.
State Farm Insurance Companies, 1750 Route 23,
Wayne, New Jersey 07470.
Stone & Webster.Engineering Company, 2500 McClellan Avenue,
Pennsauken, New Jersey 08109.
Supermarkets General Corporation, 301 Blair Road,
Woodbridge, ,New Jersey 07095.
Texaco Petroleum Products, Incorporated, P.O. Box 98,
Westville, New Jersey 08093.
Wakefern Food Corporation, 600 York Street,
Elizabeth, New Jersey 07207.
Warner-Lambert Company, 201 Taber Road,
Morris Plains, New Jersey 07950.
Western Electric Company, 100 Central Avenue,
Kearny,' New Jersey 07032.
Western Electric, P.O. Box 900,
Princeton, New Jersey 08540.
Western Electri;c-N.J. Service Center, 650 Liberty Avenue,
Union, New Jersey 07083.
Western Union, 1 Lake Street, Upper Saddle River,
New Jersey -07458.
Veterans Administration Hospital, East Orange,
New Jersey 07019.
195 Broadway Corporation, P.O. Box 2017, New Brunswick,
New Jersey-08903 (Raritan River & Basking Ridge facilities)
(2.) On April 30, 1976:
Amerace Corporation, Esna Division, 2330 Vauxhall Road,
Union, New-Jersey 07083.
American Cyanamid Company, Bound Brook,
New Jersey 08805.
Automatic -Switph Company, Florham Park,
:New Jersey 07932.
Burroughs.Corppration, 141 Mt. Bethel Road,
Warren, New Jersey 07060.
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CBS Records, Lambs and Woodbury Roads,
Pitman/,.-New Jersey 08071.
Cessna Aircraft Company, Aircraft Raido and Control Division
P.O. Box 150, Boonton, New Jersey 07005.
Chevron Oil Company, Eastern Division, 1200 State Street,
Perth Amboy, New Jersey 08861.
Colgate-Palmolive Company, 105 Hudson Street
Jersey City, New Jersey 07302.
Department of the Army, Headquarters, Picatinny Arsenal,
' 'Dover, New Jersey 07801.
Department of the Navy, Naval Air Propulsion Test Center,
Trenton, New Jersey 08628.
Department of Transportation, State of New Jersey, 1035 Parkway Avenue,
Trenton, New Jersey 08625.
Electronic'Associates, West Long Branch,
New Jersey 07764.
Essex County Hospital Center, 125 Fairview Avenue,
Ceder Grove, New Jersey 07009.
Faberge1 Incorporated, 65 Railroad Avenue,
Ridgefield, New Jersey 07657.
GAF Corporation, 1361 Alps Road,
Wayne, New Jersey 07470.
Glassboro State College, U.S. Route 322,
! Glassboro, New Jersey 08028.
Amerada Hess Corporation, 1 Hess Plaza,
Woodbridge, New Jersey 07095.
Hill Refrigeration Division, Emhart Corporation,
. P.O. Box 61, Trenton, New Jersey 08601.
Interdata Incorporated, 2 Cresent Place,
Oceanport, New Jersey 07757.
Johns-Manville Products Corporation, 200 North Main Street,
Manville, New Jersey 08835.
John F. Kennedy Medical Center, Edison,
New Jersey 08817.
Walter Kidde & Company, Incorporated, 675 Main Street,
Belleville, New Jersey 07109.
Kimberly-Clark Corporation, Schweitzer Division,
Spotswood, New Jersey 08884.
McGraw-Hill,. Incorporated, Princeton Road,
Hights.town, New Jersey 08520.
Monmouth Medical Center, Second Avenue,
Long Branch, New Jersey 07740.
Morristowrt Memorial Hospital, 100 Madison Avenue,
Morristown, New Jersey 07960.
National Starch & Chemical Corporation, 10 Finderne Avenue, P.O. Box
6500, Bridgewater, New Jersey 08807.
New Jersey Institute of Technology, 323 High Street,
Newarkv New Jersey 07102.
New Jersey Manufacturers Insurance Company, Sullivan Way,
Trentpn, New Jersey 08607.
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New Jersey Neuropsychiatric Institute, State of New Jersey, P.O. Box
1000, Princeton, New Jersey 08540.
William Paterson College of New Jersey, 300 Pompton Road,
Wayne,.New Jersey 07470.
Princeton University, Office of Administrative Services, P.O. Box 32,
Princeton, Mew Jersey 08540.
Research Cottrell, P.O. Box 750, Bound Brook,
New Jersey 08805.
Revlon, Route 27 and Talmadge Road,
Edi,son, New Jersey 08817.
Rutgers University, New Brunswick,
New Jersey 08903.
Saint Barnabas Medical Center, Old Short Hills Road,
Livingston, New Jersey 07039.
Saint Josephs Hospital and Medical Center, 703 Main Street,
Paters, on, New Jersey 07503.
Scholastic?. Magazines, Incorporated, 900 Sylvan Avenue,
Englevfood Cliffs, New Jersey 07632.
Sunshine Biscuits, Bordentown Avenue and Jernee Mill Road,
P.O. Box 7, Sayreville, New Jersey 08872.
The Thomas'& Betts Company, 36 Butler Street,
Elizabeth, New Jersey 07207.
Trenton State College, Pennington Road,
Trenton, New Jersey 08625.
Wallace & Tiernan Division, 25 Main Street,
Belleville, New Jersey 07109.
Westinghouse Electric Corporation, One Westinghouse Plaza,
Blcornfield, New Jersey 07003.
Weston Instrument Division, 614 Frelinghuysen Avenue,
Newarkj New Jersey 07114.
The J. B. Williams Company, Incorporated, 750 Walnut Avenue,
; Cranfdrd, New Jersey 07016.
Union Carbide Corporation, Chemical and Plastics Division, P.O. Box 670
River Road, Bound Brook, New Jersey 08805.
. (3) On January 21, 1977: '
BASF Wyandotte Corporation, 100 Cherry Hill Road,
Parsippany, New Jersey 07054.
Nabisco, Incorporated, East Hanover,
New. Jersey 07936.
(41 FR 347£v Jan. 23, 1976, as amended at 42 FR 13826, Mar. 14, 1977)
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(12.0) 52.1591 Regulation for a vehicle free zone.
(a) "Vehicle free zone" means a zone in which all motor vehicles
are prohibited.
(b) The City of Trenton shall establish and maintain a vehicle free
zone on State Street between Willow and Stockton Streets to be in effect
no later than May 31, 1975.
(c) The City of Trenton shall submit to the Administrator, no
later than July 1, 1974, a detailed compliance schedule showing
the steps it will take to establish, maintain, and enforce the vehicle
free zone required by paragraph (b) of this section, including any
needed ordinances and regulations which it will propose for adoption.
The compliance schedule shall identify the official responsible for
enforcement of the regulations and shall set forth the penalties to be
imposed for violations. The City of Trenton may propose limited
exemptions for specifically identified essential and emergency vehicle
trips,, which exemptions shall be subject to the Administrator's approval.
(d) On or before September 1, 1974, the City of Trenton shall
submit .to the Administrator legally adopted regulations to carry out
the provisions of this section.
(38 FR ,31397, Nov. 13, 1973, as amended at 39 FR 12101, Apr. 31 1974).
(12.0) 52.1593 Monitoring transportation mode trends.
.(a) This section is applicable to the New Jersey portion of the
New Jersey-New York-Connecticut Interstate AQCR and the Mew Jersey portion
of the Metropolitan Philadelphia Interstate AQCR.
(b) The State of New Jersey or a designated agency approved by the
Administrator shall monitor the actual per vehicle emission reductions
occurring as a result of retrofit devices and inspection and maintenance
programs required under 52.1583-1585, and the observed changes in vehicle
speeds as 4 result of traffic flow changes and reductions in vehicle use
required under 52.1586-1592, and 52.1600.
(c) No later than July 1, 1974, the State shall submit to the
Administrator a detailed program demonstrating compliance with paragraph
(b) of-this section in accordance with 40 CFR 51.19 (d). The program
description shall include the following:
1; The agency or agencies responsible for conducting, over-
seeing, and maintaining the monitoring program.
2. The administrative process to be used.
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3. A description of the methods to be used to collect the
emission reduction/VMT reduction/vehicle speed data, including a
description of any modeling techniques to be employed.
4.. The funding requirements, including a signed statement
from the. Governor or State Treasurer or their respective designees
identifying the sources and amount of funds for the program.
(d) All data obtained by the monitoring program shall be included
in the quarterly report submitted to the Administrator by the State, as
required by 40 CFR 51.7, in the format prescribed in Appendix M, 40 CFR
Part 51. The first quarterly report shall cover the period January 1-
March 31, 1975.
(38 FR 31397, Nov. 13, 1973, as amended at 39 FR 12101, Apr. 3, 1974)
(51.16) 52.1595 Gasoline loading.
(a) Definitions.
1. "Vapor recovery system" means a vapor gathering system
capable of collecting the hydrocarbon vapors and gases discharged, and
a vapor disposal system capable of processing such hydrocarbon vapors and
gases so as to reduce their emissions to the atmosphere.
(b) This section is applicable in the New Jersey portions of the
New Jersey-New York-Connecticut and Metropolitan Philadelphia Air Quality
Control' Regions. Compliance with paragraph (c) of this section shall be
in accordance with the provisions of 52.1597.
: (c) A person shall not load gasoline into any truck, trailer, or
railroad tank car from any loading facility unless the loading facility
is equipped with a vapor recovery system, as defined in subparagraph
(a')(l) of this section or its equivalent approved by the Administrator.
(d) Loading of gasoline shall be accomplished in such a manner that
all displaced vapors and air will be vented only to the vapor collection
system. Measures shall be taken to prevent liquid drainage before the
loading devices is disconnected. The vapor disposal portion of the vapor
recovery s,ystem shall consist of the following:
1. An absorber system or condensation system that processes all
vapors and recovers at least 90 percent by weight of the gasoline vapors
and gases from the equipment being controlled.
2. A vapor handling system that directs all vapors to a fuel
gas system.
3. Other equipment of an efficiency equal to or greater than
subpa.ragr?phs (1) or (2) of this paragraph, if approved by the Administrator.
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(e) This section shall apply only to the loading of gasoline,
as defined 'in paragraph (a) of 52.1598, having a Reid vapor pressure
of 4.0 psia or greater under actual loading conditions.
(41 FR 27833, July 7, 1976)
(6.0) 52.1597 Federal compliance schedules.
(a) Except as provided in paragraph (c) of this section, the
owner or operator of any stationary source subject to the requirements of
52.1594 or 52.1595 shall comply with the compliance schedule in
paragraph (b) of this section.
(b)(l) On or before February 15, 1974, submit to the Administrator
a final control plan that describes at a minimum the steps that must be
taken by the source to achieve compliance with 52.1594 and 52.1595.
(2) On or before April 15, 1974, negotiate and sign all
necessary contracts for emission control systems or process modifications,
or issue orders for the purchase of components to accomplish emission
control or process modification for compliance with 52.1594 and
52.1595. "
(3) On or before July 1, 1974, initiate on-site construction or
installation of emission control equipment or process modification for
compliance with 52.1594 and 52.1595.
(4) On or before April 1, 1975, complete on-site construction
or installation of emission control equipment or process modification.
1 (5) On or before May 31, 1975, achieve final compliance with
the applicable sections cited in paragraph (a) of this section.
. (6) Any owner or operator of stationary sources subject to the
compliance schedule in this paragraph shall certify to the Administrator,
within 5 days after the deadline for each increment of progress, whether
or not the required increment of progress has been ment.
(c) Paragraph (b) of this section shall not apply to:
1 ; A source which is presently in compliance with 52.1594,
52.1595 and which has certified such compliance to the Administrator
by February 15, 1974. The Administrator may request whatever supporting
information he considers necessary for proper certification.
2. A source for which a compliance schedule is adopted by
the State.and approved by the Administrator.
3. A source whose owner or opreator submits to the Administra-
tor by February 15, 1974 a proposed alternative schedule for 52.1594 and
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52.1595, No such schedule may provide for compliance after May 31, 1975.
If approved a'nd promulgated by the Administrator, such schedule shall
satisfy the 'requirements of this section for the affected source.
Nothing in this section shall preclude the Administrator
from promulgating a separate schedule for any source to which the
application of the compliance schedule in paragraph (b) of this sections
fails to satisfy the requirements of 51.15 (b) and (c) of this chapter.
(38 FR 31399, Nov. 13, 1973, as amended at 39 FR 12101, Apr. 3, 1974;
39 FR 12865, Apr. 9, 1974; 39 FR 40287, Nov. 11, 1974).
(51.16) 52.1598 Gasoline transfer vapor control.
(a) "Gasoline" means any petroleum distillate having a Reid vapor
pressure of 4 pounds or greater.
(b) T.his section is applicable in the New Jersey portion of the
New Jersey^New York-Connecticut and Metropolitan Philadelphia Interstate
Regions. .
(c) No person shall transfer gasoline from any delivery vessel into
any stationary storage container with a capacity greater than 250 gallons
unless such container is equipped with a submerged fill pipe and unless
the displaced vapors from the storage container are processed by a system
that prevents release to the atmosphere of no less than 90 percent
by weight of.organic compounds in said vapors displaced from the station-
ary container location.
1. The vapor recovery portion of the system shall include
one or more of the following:
(i) A vapor-tight return line from the storage container
to the delivery vessel and a system that will ensure that the vapor
return line is connected before gasoline can be transferred into the
container.
*
(ii) Refrigeration-condensation system or equivalent
designed to recover no less than 90 percent by weight of the organic
compounds in the displaced vapor.
.2. If a "vapor-tight vapor return" system is used to meet
the requirements of this section, the system shall be so constructed as to
be'readily-added on to retrofit with an adsorption system, refrigeration-
condensation system, or equivalent vapor removal system, and so constructed
as to anticipate compliance with 52.1599.
3. The vapor-laden delivery vessel shall be subject to the
following conditions:
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(i) The delivery vessel must be so designed and main-
tained as to be vapor-tight at all times.
. (ii) The vapor-laden delivery vessel may be refilled only
at facilities equipped with a vapor recovery system or the equivalent.
which can recover at least 90 percent by weight of the organic compounds
in the vapors displaced from the delivery vessel during refilling.
(iii) Gasoline storage compartments of 1,000 gallons or
less in gasoline delivery vehicles presently in use on the promulgation
date of this section will not be required to be retrofitted with a vapor
return system until January 1, 1977.
(iv) Facilities which have a daily throughput of 20,000
gallons of gasoline or less are required to have a vapor recovery system
in operation no later than May 31, 1977. Delivery vessels and storage
containers served exclusively by facilities required to have a vapor
recovery system in operation no later than May 31, 1977, also are required
to meet the provisions of this section no later than May 31, 1977.
(d) The provisions of paragraph (c) shall not apply to the
following:
1. Stationary containers having a capacity less than 550
gallons used exclusively for the fueling of implements of husbandry.
2. Any container having a capacity less than 2,000 gallons
installed prior to promulgation of this section.
3. 'Transfer made to storage tanks equipped with floating roofs
or their equivalent.
(e) Compliance schedule; .
1. June 1, 1974; Submit to the Administrator a final control
plan, which describes at a minimum the steps which will be taken by the
source to achieve compliance with the provisions of paragraph (c) of this
section.
2. March 1, 1975; Negotiate and sign all necessary contracts
for emission control systems, or issue orders for the purchase of
component parts to accomplish emission control.
'
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. .6, Any owner or operator of sources subject to the compliance
schedule in this paragraph shall certify to the Administrator, within
5 days after the deadline for each increment of progress, whether or
not the required increment of progress has been met.
(f) Paragraph (e) of this section shall not apply:
1. To a source which is presently in compliance with the provisions
of paragraph (c) of this section and which has certified such compliance to
the Administrator by June 1, 1974. The Administrator may request whatever
supporting information he considers necessary for proper certification.
2. To a source for which a compliance schedule is adopted by
the State and approved by the Administrator.
3. To a source whose owner or operator submits to the
Administrator by June 1, 1974, a proposed alternative schedule. No
such schedule may provide for compliance after March 1, 1976. If
promulgated by the Administrator, such schedule shall satisfy the
requirement's of this section for the affected source.
(g) "Nothing in this section shall preclude the Administrator from
promulgating a separate schedule for any source to which the application
of the compliance schedule in paragraph (e) of this section fails to
satisfy the. requirements of 51.15 (b) and (c) of this chapter.
(h) Any gasoline dispensing facility subject to this section which
installs a"Storage tank after the effective date of this section shall
comply with the requirements of paraqraph (c) of this section by
March 1, 1976, and shall comply with the requirements of paragraph (e) of
this section as far as possible. Any facility subject to this section
which installs a storage tank after March 1, 1976, shall comply with the
requirements of paragraph (c) of this section at the time of installation.
(38 FR 31399, Nov. 13, 1973, as amended at 39 FR 4881, Feb. 8, 1974;
39 FR 41253, Nov. 26, 1974; 41 FR 56643, Dec. 12, 1976; 42 FR
29005, June 7, 1977.
(12.0) 52.1599 Control of evaporative losses from the filling of vehicular
tanks.
'(a) ''Gasoline" means any petroleum distillate having a Reid vapor
pressure of 4 pounds or greater.
(b) This section is applicable in the New Jersey portions of the
New Jersey-New York-Connecticut and Metropolitan Philadelphia Interstate
Regions. :
(c) A person shall not transfer gasoline to an automotive fuel tank
from a gasoline dispensing system unless the transfer is made through a
fill nozzle designed to:
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1. Prevent discharge of hydrocarbon vapors to the atmosphere
from either the vehicle filler neck or dispensing nozzle.
2. Direct vapor displaced from the automotive fuel tank to a
system wherein at least 90 percent by weight of the organic compounds
in displaced vapors is recovered.'
3. Prevent automotive fuel tank overfills or spillage on fill
nozzle disconnect.
(d) The system referred to in paragraph (c) of this section can
consist of a vapor-tight vapor return line from the fill nozzle-filler
neck interface to the dispensing tank, or to an adsorption, incineration,
refregeration-condensation system or equivalent.
(e) Components of the systems required by paragraph (c) of
52.1598 can be used for compliance with paragraph (c) of this section.
(f) If it is demonstrated to the satisfaction of the Administrator
that it.is impractical to comply with the provisions of paragraph (c) of
this section as a result of vehicle fill neck configuration, location, or
other design features of a class of vehicles, the provisions of this
section shall not apply to such vehicles. However, in no case shall
such configuration exempt any facility from installing a system referred
to in paragraph (c).
(g) Compliance schedule:
1. January 1, 1975-Submit to the Administrator a final control
plan, which describes at a minimum the steps which will be taken by the
source' to achieve compliance with the provisions of paragraph (c) of
this section. -
2. March 1, 1975-Negotiate and sign all necessary contracts for
emission control systems, or issue orders for the purchase of component
parts to accomplish emission control.
3. May 1, 1975-Initiate on-site construction or installation of
emission, control; equipment.
4. May 1, 1977-Complete on-site construction or installation of
emission control equipment or process modification.
5. May 31, 1977-Assure final compliance with the provisions of
paragraph (c) of this section.
6. . Any owner or operator of sources subject to the compliance
schedule in this paragraph shall certify to the Administrator, within 5
days after the.deadline for each increment of progress, whether or not the
required increment of progress has been met.
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(12.0)
(h) Paragraph (f) of this section shall not apply:
1. To a source which is presently in compliance with the
provisions of paragraph (c) of this section and which has certified
such compliance to the Administrator by January 1, 1975. The Administrator
may request whatever supporting information he considers necessary for
proper certification.
2. To a source for which a compliance schedule is adopted by
the .State, and approved by the Administrator.
3. To a source whose owner or operator submits to the
Administrator, by June 1, 1974, a proposed alternative schedule. No
such schedule may provide for compliance after May 31, 1977. If
promulgated by the Administrator, such schedule shall satisfy the
requirements.of this section for the affected source.
(i) Nothing in this- section shall preclude the Administrator from
promulgating a separate schedule for any source to which the application
of the compliance schedule in paragraph (f) of this section fails to
satisfy the requirements of 51.15 (b) and (c) of this chapter.
(j) Any gasoline dispensing facility subject to this section which
installs a gasoline dispensing system after the effective date of this
section shall comply with the requirements of paragraph (c) of this section
by May 31, 1977, and shall comply with the requirements of paragraph (f)
of this section as far as possible. Any facility subject to this section
which installs a gasoline dispensing system after May 31, 1977, shall
comply with the requirements of paragraph (c) of this section at the time
of installation.
(38 F.R 31400, Nov. 13, 1973, as amended at 39 FR 4881, Feb. 8, 1974; 39
FR 12102, Apr. 3, 1974; 39 FR 21053, June 18, 1974).
Note: The compliance dates given in paragraphs (g)(l)-(3) were
suspended indefinitely at 40 FR 1127, Jan. 6. 1975.
52.1600 Carpool matching and promotion system.
; (a) Definitions:
1. "Carpool" means two or more persons utilizing the same
vehicle. .
2. "Carpool matching and promotion" means assembling lists of
people sharing similar travel needs. The aggregate of drivers and riders
on each list identifies potential carpools.
. ,3. "Time-origin-destination (TOD) information" means specifica-
tion of a driver or rider's work schedule, home and work locations, or the
location of other desired origins and destinations of trips (such as
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shopping or recreational trips).
4. "Pilot program" means a program that is initiated on a
limited basis for the purpose of facilitating a future full scale regional
program.
5. All other terms used in this section that are defined in
Part 51 of this chapter are used herein with the meanings so defined.
(b) This section is applicable in the New Jersey portions of the
New Jersey-New York-Connecticut and Metropolitan Philadelphia Interstate
Regions.
(c) The State of New Jersey or an appropriate local agency approved
by the Administrator shall implement a carpool matching and promotion
program that will serve persons employed in the central business districts,
as defined in 52.1587 (e) of this chapter, in Newark in the New Jersey-
New York-Connecticut Interstate Region. The State of New Jersey or an
appropriate local agency approved by the Administrator shall comply with
the following provisions in establishing the program:
1. A pilot program shall be initiated and fully operational
by July 1, 1974.
2. A program that will serve all persons employed in the
central business districts specified in paragraph (c) of this section
shall be initiated and fully operational by January 1, 1975.
.'' 3. A timetable for implementation of the full program shall
be submitted to the Administrator by July 1, 1974, and shall include
legally adopted regulations establishing the program or dates by which
the regulations will be adopted. This timetable shall be accompanied
by a statement from the Governor and State Treasurer identifying the
sources and amounts of funds for the program. If funds cannot be legally
obligated under existing statutory authority, the text of needed legis-
lation shall be submitted.
(d)' Regulations adopted by the State of New Jersey or a local
agency shall include, as a minimum, the following:
1. A method of collecting information which will include
the following as a minimum:
(i) Provisions for each affected employee to receive an
application form with a cover letter describing the matching program.
(ii) Provisions on each application for the applicant to
identify his TQD information, and the applicant's desire to drive
only, ride'only, or share driving.
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2. A computerized method of matching information that will
have provisions for locating each applicant's origin and destination
within a grid system in the urban area and region surrounding the
CBD's specified in paragraph (c) of this section, and matching applicants
with compatible TOD information.
3. A method of providing continuing service so that the master
list of all applicants is retained and available for use by new applicants
and a me.thod of .periodically updating the master list to remove applicants
who have moved from the area served.
4. An agency or agencies responsible for operating, overseeing,
and maintaining the carpool computer matching system.
(38 FR 31400, Nov. 13, 1973, as amended at 39 FR 12102, Apr. 3, 1975)
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(17.0) 52.1603 Prevention of Significant Deterioration
(b) Definitions. For the purposes of this section:
(1) "Facility" means an identifiable piece of process equipment. A
stationary source is composed of one or more pollutant-emitting
facilities.
(2) The phrase "Administrator" means the Administrator of the Envi-
ronmental Protection Agency or his designated representative.
(3) The phrase "Federal Land Manager" means the head, or his desig-
nated representative, of any Department or Agency of the Fed-
eral Government which administers federally-owned land, includ-
ing public domain lands.
(4) The phrase "Indian Reservation" means any federally-recognized
reservation established by Treaty, Agreement, Executive Order,
or Act of Congress.
(.5). The phrase "Indian Governing Body" means the governing body of
any tribe, band, or group of Indians subject to the jurisdiction
of the United States and recognized by the United States as pos-
sessing power of self-government.
(6) "Construction" means fabrication, erection or installation of a
stationary source.
(7) "Commenced" means that an owner or operator has undertaken a
continuous program of construction or modification or that an
owner or operator has entered into a contractual obligation to
undertake and complete, within a reasonable time, a continuous
program of construction or modification.
(c) Area designation and deterioration increment
(1) The provisions of this paragraph have been incorporated by ref-
erence into the applicable implementation plans for various
1 States, as provided in Subparts B through ODD of this part. Where
this paragraph is so incorporated, the provisions shall also be
applicable to all lands owned by the Federal Government and In-
dian Reservations located in such State. The provisions of this
paragraph do not apply in those counties or other functionally
equivalent areas that pervasively exceeded any national ambient
: ' air quality standards during 1974 for sulfur dioxide or particu-
late matter and then only with respect to such pollutants.
States may notify the Administrator at any time of those areas
which exceeded the national standards during 1974 and therefore
are exempt from the requirements of this paragraph.
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(2) (i) For purposes of this paragraph, areas designated as Class
I or II shall be limited to the following increases in
pollutant concentration occurring since January 1, 1975:
Area Designations
. Pollutant Class I Class II
(ug/m3) (ug/m3)
Parti oilate matter:
Annual geometric mean 5 10
24-hr maximum 10 30
Sulfur dioxide:
Annual arithmetic mean 2 15
24-hr maximum 5 100
3-hr maximum 25 700
(i1) For purposes of this paragraph, areas designated as Class
III shall be limited to concentratlons"of"particulate
matter and sulfur dioxide no greater than the national
ambient air quality standards.
(iii) The air quality impact of sources granted approval to
construct or modify prior to January 1, 1975 (pursuant to
the approved new source review procedures in the plan)
but not yet operating prior to January 1, 1975, shall not
be counted against the air quality increments specified
in paragraph (c) (2) (i) of this section.
(3) (i) All areas are designated Class II as of the effective
date of this paragraph. Redesignation may be proposed by
the respective States, Federal Land Manager, or Indian
Governing Bodies, as provided below, subject to approval
by the Administrator.
(ii) The State may submit to the Administrator a proposal to
redesignate areas of the State Class I, Class II, or
Class III, provided that:
(a) At least one public hearing is held in or near the
area affected and this public hearing is held in
accordance with procedures established in 51.4 of
this chapter, and
(b) Other States, Indian Governing Bodies, and Federal
Land Managers whose lands may be affected by the
proposed redesignation are notified at least 30 days
prior to the public hearing, and
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(c) A discussion of the reasons for the proposed redes-
ignation is available for public inspection at least
30 days prior to the hearing and the notice announc-
ing the hearing contains appropriate notification of
the availability of such discussion, and
(d) The proposed redesignation is based on the record of
the State's hearing, which must reflect the basis
for the proposed redesignation, including consider-
ation of (1) growth anticipated in the area, (2)
the social, environmental, and economic effects of
such redesignation upon the area being proposed for
redesignation and upon other areas and States, and
(3) any impacts of such proposed redesignation upon
regional or national interests.
(e) The redesignation is proposed after consultation
with the elected leadership of local and other sub-
state general purpose governments in the area cov-
ered by the proposed redesignation.
(i-ji) Except as provided in paragraph (c) (3) (iv) of this
section, a State in which lands owned by the Federal Gov-
ernment are located may submit to the Administrator a
proposal to redesignate such lands Class I, Class II, or
Class III in accordance with subdivision (ii) of this
subparagraph provided that:
.(a) The redesignation is consistent with adjacent State
and privately owned land, and
(b) Such redesignation is proposed after consultation
with the Federal Land Manager.
(iv) Notwithstanding subdivision (iii) of this subparagraph,
the Federal Land Manager may submit to the Administrator
a proposal to redesignate any Federal lands to a more
restrictive designation than would otherwise be applic-
able provided that:
(a) The Federal Land Manager follows procedures equiv-
alent, to those required of States under paragraph
(c) (3) (ii) and,
(b) Such redesignation is proposed after consultation
with the State(s) in which the Federal Land is lo-
cated or which border the Federal Land.
(v) Nothing in this section is intended to convey authority
to the States over Indian Reservations where States have
not assumed such authority under other laws nor is it
intended to deny jurisdiction which States have assumed
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under other laws. Where a State has not assumed juris-
diction over an Indian Reservation the appropriate In-
dian Governing Body may submit to the Administrator a
proposal to redesignate areas Class I, Class II, or
Class III, provided that:
(a) The Indian Governing Body follows procedures equiv-
alent to those required of States under paragraph
(c) (3) (ii) and,
(b) Such redesignation is proposed after consultation
with the State(s) in which the Indian Reservation
is located or which border the Indian Reservation
and, for those lands held in trust, with the approv-
al of the Secretary of the Interior.
(vi) The Administrator shall approve, within 90 days, any re-
designation proposed pursuant to this subparagraph as
follows:
(a) Any redesignation proposed pursuant to subdivisions
(ii) and (iii) of this subparagraph shall be approv-
ed unless the Administrator determines (1) that the
requirements of subdivisions (ii) and (iii) of this
subparagraph have not been complied with, (2) that
the State has arbitrarily and capriciously disre-
garded relevant considerations set forth in sub-
paragraph (3) (ii) (d) of this paragraph, or (3)
that the State has not requested and received dele-
gation of responsibility for carrying out the new
source review requirements of paragraphs (d) and (e)
of this section.
(b) Any redesignation proposed pursuant to subdivision
(iv) of this subparagraph shall be approved unless
he determines (1) that the requirements of subdivi-
sion (iv) of this subparagraph have not been complied
with, or (2) that the Federal Land Manager has arbi-
trarily and capriciously disregarded relevant con-
siderations set forth in subparagraph (3) (ii) (d) of
this paragraph.
(c) Any redesignation submitted pursuant to subdivision
(v) of this subparagraph shall be approved unless he
determines (1) that the requirements of subdivision
(v) of this subparagraph have not been complied with,
or (2) that the Indian Governing Body has arbitrar-
ily and capriciously disregarded relevant consider-
ations set forth in subparagraph (3) (ii) (d) of this
paragraph.
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I
(d) Any redesignation proposed pursuant to this para-
graph shall be approved only after the Administrator
has solicited written comments from affected Federal
agencies and Indian Governing Bodies and from the
public on the proposal.
(e) Any proposed redesignation protested to the propos-
ing State, Indian Governing Body, or Federal Land
Manager and to the Administrator by another State or
Indian Governing Body because of the effects upon
such protesting State or Indian Reservation shall be
approved by the Administrator only if he determines
that in his judgment the redesignation appropriately
balances considerations of growth anticipated in the
area proposed to be redesignated; the social, envi-
ronmental and economic effects of such redesignation
upon the area being redesignated and upon other areas
and States; and any impacts upon regional or nation-
al interests.
(f) The requirements of paragraph (c) (3) (vi) (a) (3)
that a State request and receive delegation of the
new source review requirements of this section as a
condition to approval of a proposed redesignation,
shall include as a minimum receiving the administra-
tive and technical functions of the new source re-
view. The Administrator will carry out any required
enforcement action in cases where the State does not
have adequate legal authority to initiate such ac-
tions. The Administrator may waive the requirements
of paragraph (c) (3) (vi) (a) (3) if the State Attor-
ney-General has determined that the State cannot ac-
cept delegation of the administrative/technical func-
tions.
(vii) If the Administrator disapproves any proposed area desig-
nation under this subparagraph, the State, Federal Land
Manager or Indian Governing Body, as appropriate, may re-
submit the proposal after correcting the deficiencies
noted by the Administrator or reconsidering any area des-
ignation determined by the Administrator to be arbitrary
and capricious.
(d) Review of new sources :
(1) The provisions of this paragraph have been incorporated by refer-
ence into the applicable implementation plans for various States,
as provided in Subparts B through ODD of this part. Where this
paragraph is so incorporated, the requirements of this paragraph
apply to any new or modified stationary source of the type iden-
tjfied below which has not commenced construction or modification
pp'or to June 1, 1975 except as specifically provided below. A
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source which is modified, but does not increase the amount of
sulfur oxides or particulate matter emitted, or is modified to
utilize an alternative fuel, or higher sulfur content fuel, shall
not be subject to this paragraph.
(i) Fossil-Fuel Steam Electric Plants of more than 1000 mil-
lion B.T.U. per hour heat input.
(ii) Coal Cleaning Plants.
(iii) Kraft Pulp Mills.
(iv) Portland Cement Plants.
(v) Primary Zinc Smelters.
(vi) Iron and Steel Mills.
I
(vii). Primary Aluminum Ore Reduction Plants.
(viii) Primary Copper Smelters.
(ix) Municipal Incinerators capable of charging more than 250
tons of refuse per 24 hour day.
(x) Sulfuric Acid Plants.
(xi) Petroleum Refineries.
(xii) Lime Plants.
(x'tii) Phosphate Rock Processing Plants.
(xiv) By-Product Coke Oven Batteries.
(xv) Sulfur Recovery Plants.
(xvi) Carbon Black Plants (furnace process).
(xvii) Primary Lead Smelters.
(x!viii) Fuel Conversion Plants.
(xix) Ferroalloy production facilities commencing construction
after October 5, 1975.
(2) Nq owner or operator shall commence construction or modification
ofi a source subject to this paragraph unless the Administrator de-
termines that, on the basis of information submitted pursuant to
subparagraph (3) of this paragraph:
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(i) The effect on air quality concentration of the source or
modified source, in conjunction with the effects of growth
and reduction in emissions after January 1, 1975, of other
sources in the area affected by the proposed source, will
not violate the air quality increments applicable in the
area where the source will be located nor the air quality
increments applicable in any other areas. The analysis of
emissions growth and reduction after January 1, 1975, of
other sources in the areas affected by the proposed source
shall include all new and modified sources granted approv-
al to construct pursuant to this paragraph; reduction in
emissions from existing sources which contributed to air
quality during all or part of 1974; and general commer-
cial, residential, industrial, and other sources of emis-
sions growth not exempted by paragraph (c) (2) (111) of
this section which has occurred since January 1, 1975.
(ii) The new or modified source will meet an emission limit,
to be specified by the Administrator as a condition to
approval, which represents that level of emission reduc-
tion which would be achieved by the application of best
available control technology, as defined in 52.01 (f),
for particulate matter and sulfur dioxide. If the Admin-
istrator determines that technological or economic limi-
tations on the application of measurement methodology to
a particular class of sources would make the imposition
of an emission standard infeasible, he may instead pre-
scribe a design or equipment standard requiring the appli-
cation of best available control technology. Such standard
shall to the degree possible set forth the emission re-
ductions achievable by implementation of such design or
equipment, and shall provide for compliance by means which
achieve equivalent results.
(iii) With respect to modified sources, the requirements of sub-
paragraph (2) (ii) of this paragraph shall be applicable
only to the facility or facilities from which emissions
are increased.
(3) In making the determinations required by paragraph (d) (2) of this
section, the Administrator shall, as a minimum, require the owner
or operator of the source subject to this paragraph to submit:
site information, plans, description, specifications, and drawings
showing the design of the source; information necessary to de-
t^rmine the impact that the construction or modification will have
on sulfur dioxide and particulate matter air quality levels; and
any other information necessary to determine that best available
control technology will be applied. Upon request of the Adminis-
trator, the owner or operator of the source shall provide informa-
tion on the nature and extent of general commercial, residential,
industrial, and other growth which has occurred in the area af-
fpcted by the source's emissions (such area to be specified by the
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Administrator) since January 1, 1975.
(4) (i) Where a new or modified source is located on Federal
Lands, such source shall be subject to the procedures
set forth in paragraphs (d) and (e) of this section.
Such procedures shall be in addition to applicable pro-
cedures conducted by the Federal Land Manager for admin-
istration 'and protection of the affected Federal Lands.
Where feasible, the Administrator will coordinate his
review and hearings with the Federal Land Manager to
avoid duplicate administrative procedures.
(ii) New or modified sources which are located on Indian
Reservations shall be subject to procedures set forth in
paragraphs (d) and (e) of this section. Such procedures
shall be administered by the Administrator in cooperation
with the Secretary of the Interior with respect to lands
over which the State has not assumed jurisdiction under
other laws.
(1-ii) Whenever any new or modified source is subject to action
by a Federal Agency which might necessitate preparation
of an environmental impact statement pursuant to the
National Environmental Policy Act (42 U.S.C. 4321), re-
view by the Administrator conducted pursuant to this
paragraph shall be coordinated with the broad environmen-
tal reviews under that Act, to the maximum extent feas-
ible and reasonable.
(5) Where an owner or operator has applied for permission to con-
struct or modify pursuant to this paragraph and the proposed
source would be located in an area which has been proposed for
redesignation to a more stringent class (or the State, Indian
Governing Body, or Federal Land Manager has announced such con-
sideration), approval shall not be granted until the Administra-
tor has acted on the proposed redesignation.
(e) Procedures for public participation
(1) (i) Within 20 days after receipt of an application to con-
struct, or any addition to such application, the Admin-
istrator shall advise the owner or operator of any de-
ficiency in the information submitted in support of the
application. In the event of such a deficiency, the date
of receipt of the application for the purpose of para-
graph (e) (1) (ii) of this'section shall be the date on
which all required information is received by the Admin-
istrator.
(ii) Within 30 days after receipt of a complete application,
the Administrator shall:
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(a) Make a preliminary determination whether the source
should be approved, approved with conditions, or dis-
approved.
:;. (b) Make available in at least one location in each re-
gion in which the proposed source would be construct-
ed, a copy of all materials submitted by the owner or
operator, a copy of the Administrator's preliminary
determination and a copy or summary of other materi-
als, if any, considered by the Administrator in mak-
ing his preliminary determination; and
(c) Notify the public, by prominent advertisement in
newspaper of general circulation in each region in
which the proposed source would be constructed, of
the opportunity for written public comment on the in-
formation submitted by the owner or operator and the
Administrator's preliminary determination on the ap-
provability of the source.
(iii) A copy of the notice required pursuant to this subpara-
graph shall be sent to the applicant and to officials and
agencies having cognizance over the locations where the
source will be situated as follows: State and local air
pollution control agencies, the chief executive of the
city and county; any comprehensive regional land use plan-
ning agency; and any State, Federal Land Manager or In-
dian Governing Body whose lands will be significantly af-
fected by the source's emissions.
(iv) Public comments submitted in writing within 30 days after
the date such information is made available shall be con-
sidered by the Administrator in making his final decision
on the application. No later than 10 days after the
close of the public comment period, the applicant may sub-
mit a written response to any comments submitted by the
public. The Administrator shall consider the applicant's
response in making his final decision. All comments shall
be made available for public inspection in at least one
location in the region in which the source would be located,
(v) The Administrator shall take final action on an applica-
tion within 30 days after the close of the public comment
period. The Administrator shall notify the applicant in
writing of his approval, conditional approval, or denial
of the application, and shall set forth his reasons for
conditional approval or denial. Such notification shall
be made available for public inspection in at least one
location in the region in which the source would be lo-
cated.
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\
(vi) The Administrator may extend each of the time periods
specified in paragraph (e) (1) (ii), (iv), or (v) of this
section by no more than 30 days or such other period as
agreed to by the applicant and the Administrator.
(2) Any owner or operator who constructs, modifies, or operates a
stationary source not in accordance with the application, as ap-
proved and conditioned by the Administrator, or any owner or op-
erator of a stationary source subject to this paragraph who com-
mences construction or modification after June 1, 1975, without
applying for and receiving-approval hereunder, shall be subject
to enforcement action under section 113 of the Act.
(3) Approval to construct or modify shall become invalid if construc-
tion or expansion is not commenced within 18 months after receipt
of such approval" or if construction is discontinued for a period
-,, of 18 months or more. TKe Administrator may extend such time pe-
"" riod upon a satisfactory showing that an extension is justified.
(4) Approval to construct or modify shall not relieve any owner or
operator of the responsibility to comply with the control strat-
egy': and all local, State, and Federal regulations which are part
of the applicable State Implementation Plan.
(f) Delegation of authority
(1) The Administrator shall have the authority to delegate responsi-
bility for implementing the procedures for conducting source re-
view pursuant to paragraphs (d) and (e), in accordance with sub-
paragraphs (2), (3), and (4) of this paragraph.
(2) Where the Administrator delegates the responsibility for imple-
menting the procedures for conducting source review pursuant to
this section to any Agency, other than a regional office of the
Environmental Protection Agency, the following provisions shall
apply:
(i) Where the agency designated is not an air pollution con-
trol agency, such agency shall consult with the appropri-
ate State and local air pollution control agency prior to
making any determination required by paragraph (d) of
this section. Similarly, where the agency designated
does not have continuing responsibilities for managing
land use, such agency shall consult with the appropriate
State and local agency which is primarily responsible for
':' managing land use prior to making any determination re-
quired by paragraph (d) of this section.
(ij) A copy of the notice pursuant to paragraph (e) (1) (ii)
(c) of this section shall be sent to the Administrator
through the appropriate regional office.
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(3) In accordance with Executive Order 11752, the Administrator's
authority for implementing the procedures for conducting source
review pursuant to this section shall not be delegated, other than
to a regional office of the Environmental Protection Agency, for
new or modified sources which are owned or operated by the Federal
government or for new or modified sources located on Federal lands;
except that, with respect to the latter category, where new or
modified sources are constructed or operated on Federal lands pur-
suant to leasing or other Federal agreements, the Federal land
Manager may at his discretion, to the extent permissible under ap-
plicable statutes and regulations, require the lessee or permittee
to be subject to a designated State or local agency's procedures
developed pursuant to paragraphs (d) and (e) of this section.
(4) The Administrator's authority for implementing the procedures for
conducting source review pursuant to this section shall not be re-
delegated, other than to a regional office of the Environmental
Projection Agency, for new or modified sources which are located
on Indian reservations except where the State has assumed juris-
diej:ion over such land under other laws, in which case the Admin-
istrator may delegate his authority to the States in accordance
with subparagraphs (2), (3), and (4) of this paragraph.
(39,rFR 42514, Dec. 5, 1974; 40 FR 2802, Jan. 16, 1975, as
amended at 40 FR 24535, June 9, 1975; 40 FR 25005, June 12,
29|5; 40 FR 42012, Sept. 10, 1975)
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