New Jersey Air Permitting regulations & environmental compliance analysis

New Jersey Air Permitting: What you need to know

Air Emissions Permits
Governing Law and Regulations

Definitions: New Jersey Administrative Code (NJAC) 7:27-8.1

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Preconstruction permits and certificates: NJAC 7:27-8

Significant sources: NJAC 7:27-8.2(c)

Exemptions: NJAC 7:27-8.2(d) to 7:27-8.2(f)

Permit applications: NJAC 7:27-8.4 and NJAC 7:27-1.39

State of the art (SOTA) control technology: NJAC 7:27-8.12

Seven-day notices: NJAC 7:27-8.20 and NJAC 7:27-8.24

Major sources: 40 CFR 52.21, 40 CFR 52.1603, and NJAC 7:27-18

Nonattainment New Source Review (NSR): NJAC 7:27-18

Prevention of Significant Deterioration (PSD): 40 CFR 52.21 and 40 CFR 52.1603

Operating permit program certificates: NJAC 7:27-8.7

Title V operating permits: NJAC 7:27-22

Other state permits:

General permits: NJAC 7:27-8.8 and NJAC 7:27-22.14

Other permitting considerations:

Emissions statements: NJAC 7:27-21

Regulatory Agency

New Jersey Department of Environmental Protection (DEP) Environmental Management Division of Air Quality

See national section for basic information and federal regulations.

Comparison: State vs. Federal

Rules. New Jersey's air permitting rules go beyond the federal permitting requirements in the Clean Air Act. The state requires facilities to obtain preconstruction permits and certificates to construct, install, alter, and operate any equipment that has the potential to emit air contaminants. Major sources are required to comply with federal Prevention of Significant Deterioration (PSD) and/or nonattainment New Source Review (NSR) requirements, as well as Title V operating permit requirements.

Administration and enforcement. DEP is responsible for the administration and enforcement of the state's air emissions permit rules.

State Requirements


NJAC 7:27-8.1

Air contaminant. An air ...

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