NJ DEPARTMENT of ENVIRONMENTAL PROTECTION
Environmental Regulation
Division of Air Quality
Air Quality Permitting Element

Notice of Rule Proposal
N.J.A.C. 7:27-8 Permits and Certificates for Minor Facilities
(and Major Facilities without an Operating Permit), N.J.A.C.
7:27- 7:27-22 Operating Permits and other related provisions
at N.J.A.C. 7:27-20.1 and 20.3

Public Notice
Take notice that the New Jersey Department of Environmental
Protection (Department) is proposing new rules and amendments
at N.J.A.C. 7:27-8 and N.J.A.C. 7:27-22, its rules relating
to permitting sources of air pollution. The Department is also
proposing related amendments to N.J.A.C. 7:27-20, Used Oil Combustion.
The proposal constitutes proposed revisions to the State’s
Ozone State Implementation Plan (SIP), and a copy was forwarded
to the United States Environmental Protection Agency (EPA).
A statement of the substance of the proposal follows:

The Department is proposing several categories of amendments.
First, the Department is proposing to amend its base fee tables
and supplementary fee schedule at N.J.A.C. 7:27-8.6 to raise
its application processing fees to cover the preconstruction
permit program’s operating costs for non-major facilities.
The last non-major facility fee increase was in 1991. Second,
the Department is proposing to amend its base and supplementary
fee schedules for significant modification applications at N.J.A.C.
7:27-22.31(r) and (s), respectively, to cover the cost of reviewing
those applications for major facilities. Third, the Department
is proposing to amend N.J.A.C. 7:27-22.31 to conform the fee
provisions to the mandated fees in the Omnibus Fee Legislation
of 2002 (P.L. 2002, c.34). As required by the Omnibus Fee Legislation,
the Department has already implemented these fee increases starting
with Fiscal Year 2003. The emission fees only affect major facilities.
Fourth, the Department is proposing to require persons to submit
electronically all permit applications (except renewals), registrations,
and notices starting on January 1, 2008. Fifth, the Department
is proposing to exempt from the permitting requirements at N.J.A.C.
7:27-8 and N.J.A.C. 7:27-22 dry cleaning equipment that uses
liquid carbon dioxide as the cleaning agent. Sixth, the Department
is proposing additional amendments to N.J.A.C. 7:27-8 and N.J.A.C.
7:27-22, to make administrative and grammatical corrections,
change payment and filing methods, and reduce from 60 to 30
days the time for payment of Department invoices.

The proposal is scheduled to be published in the New Jersey
Register dated December 19, 2005. Copies of the Department’s
proposal are available from the Department’s Public Information
Center at 401 E. State Street in Trenton, the Department’s
Regional Enforcement Offices, a number of public libraries throughout
the State, the
Department’s web site (PDF) and, for a fee, from LexisNexis at 1-800-223-1940. For more
information on obtaining copies, please contact:

Ms. Edivia Molina
Bureau of Pre-Construction Permits
NJDEP Air Quality Permitting Element
401 E. State Street, 2nd Floor
P.O. Box 027
Trenton, N.J. 08625-027
phone: (609) 633-2829
fax: (609) 633-8236

A public hearing concerning the proposal is scheduled as follows:

Monday, January 23, 2006 at 1:00 p.m.
First Floor Public Hearing Room
Department of Environmental Protection
401 E. State Street
Trenton, New Jersey

Written comments may be submitted by close of business, Friday,
February 17, 2006, to:

NJ Department of Environmental Protection
Alice Previte, Esq.
ATTN: DEP Docket No. 41-05-11/385
Office of Legal Affairs
P.O. Box 402
Trenton, New Jersey 08625-0402