New Jersey Title V regulations & environmental compliance analysis

New Jersey Title V: What you need to know

Governing Law and Regulations

Non-Title V operating permits:

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Operating certificates: New Jersey Administrative Code (NJAC) 7:27-8.7

Synthetic minor facilities: NJAC 7:27-8

Title V operating permits: NJAC 7:27-22

Applicability: NJAC 7:27-22.1, NJAC 7:27-22.2, and 40 CFR 70.2

Application content: NJAC 7:27-22.6

Action on the application: NJAC 7:27-22.10 to 7:27-22.13

Compliance certification: NJAC 7:27-1.39 and NJAC 7:27-22.19(f)

Fees: NJAC 7:27-22.31

Regulatory Agency

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

See ADDRESSES & CONTACTS for addresses and telephone numbers.

See national section for basic information and federal regulations.

Comparison: State vs. Federal

Rules. In general, New Jersey's Title V operating permit program follows the federal 40 CFR 70 rules, including the establishment of a Title V permitting threshold for greenhouse gas (GHG) emissions. The New Jersey operating permit program has received full EPA approval.

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

State Requirements


Operating Certificates

NJAC 7:27-8.7

DEP requires all significant sources that are not at major sources to apply for and obtain an operating certificate. The preconstruction permit application form also serves as the application form for the operating certificate, and DEP issues the preconstruction permit and operating certificate simultaneously as one document. For additional information, see state sections AIR EMISSIONS PERMITS and NEW SOURCE REVIEW.

Synthetic Minor Facilities

NJAC 7:27-8

Facilities with potential emissions above the major source threshold may use preconstruction permits to request a federally enforceable emissions cap that limits emissions to below major source thresholds, thereby avoiding Title V applicability. The permit conditions established to limit emissions must be practicably enforceable and not overly vague. Practicably enforceable limits include:

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