NEW JERSEY STATE DEPARTMENT OF ENVIRONMENTAL PROTECTION

NEW JERSEY ADMINISTRATIVE CODE

 

TITLE 7, CHAPTER 27, SUBCHAPTER 16

 

CONTROL AND PROHIBITION

OF AIR POLLUTION

BY VOLATILE ORGANIC COMPOUNDS

 

Filed:

Effective:

See:

 

December 18, 1975

March 1, 1976

7 N.J.R. 47(c), 8 N.J.R. 15(b)

Revision Promulgated:

Revision Effective:

See:

October 17, 1979

December 17, 1979

10 N.J.R. 477(b), 11 N.J.R. 544(b)

Revision Promulgated:

Revision Operative:

See:

December 31, 1981

March 1, 1982

13 N.J.R. 127(a), 14 N.J.R. 145(b)

Revision Promulgated:

Revision Operative:

See:

September 22, 1986

October 18, 1986

17 N.J.R. 1969(a), 18 N.J.R. 1936(a)

 

Revision Promulgated:

Revision Operative:

See:

January 19, 1988

February 22, 1988

19 N.J.R. 1938(a), 20 N.J.R. 186(b)

 

Revision Promulgated:

Revision Operative:

See:

February 6, 1989

February 28, 1989

20 N.J.R. 1866(a), 21 N.J.R. 321(a)

Revision Promulgated:

Revision Operative:

See:

June 19, 1989

July 24, 1989

20 N.J.R. 3052(a), 21 N.J.R. 1669(b)

Revision Promulgated:

Revision Operative:

See:

December 4, 1989

January 7, 1990

21 N.J.R. 1960(a), 21 N.J.R. 3748(c)

Petition for Rulemaking

 

Revision Promulgated:

Revision Operative:

See:

 

Revision Promulgated:

Revision Operative:

See:

22 N.J.R. 862(a)

 

March 2, 1992

March 28, 1992/October 1, 1992

23 N.J.R. 1858(b) and 2119(a), 24 N.J.R. 792(a)

 

March 15, 1993

April 20, 1993

24 N.J.R. 2979(a), 25 N.J.R. 1254(a)

 

Administrative Correction:

 

24 N.J.R. 1889(a)

Revision Promulgated:

Revision Operative:

See:

Revision Promulgated:

Revision Operative:

See:

December 20, 1993

July 26, 1994

25 N.J.R. 3339(a) & 4551(a), 25 N.J.R. 6002(a)

June 20, 1994

July 26, 1994

25 N.J.R. 3339(a), 26 N.J.R. 2600(a)

Public Notice:

Revision Promulgated:

Revision Operative:

See:

26 N.J.R. 4217(a)

May 15, 1995

June 19, 1995

26 N.J.R. 4478(a), 27 N.J.R. 1979(b)

Administrative Correction:

See:

December 5, 1994

26 N.J.R. 4793(a)

Administrative Correction:

See:

April 3, 1995

27 N.J.R. 1406(a)

Administrative Correction:

See:

July 17, 1995

27 N.J.R. 2740(a)

Revision Promulgated:

Revision Operative:

See:

July 1, 1996

August 2, 1996

28 N.J.R. 1147(b), 28 N.J.R. 3414(a)

Revision Promulgated:

Revision Operative:

See:

May 4, 1998

June 12, 1998

29 N.J.R. 3521(a), 30 N.J.R. 1563(b)

Administrative Change:

See:

March 1, 1999

31 N.J.R. 639(b)

Revision Promulgated:

Revision Operative:

See:

 

May 15, 2000

June 6, 2000

31 N.J.R. 1671(a), 32 N.J.R. 1808(a)

Administrative Change:

See:

 

Revision Promulgated:

Revision Operative:

See:

 

Revision Promulgated:

Revision Operative:

See:

 

Administrative Correction:

See:

 

Revision Promulgated:

Revision Operative:

See:

August 21, 2000

32 N.J.R. 3117(a)

 

June 2, 2003

June 29, 2003

34 N.J.R. 2489(a), 35 N.J.R. 2509(a)

 

April 5, 2004

April 25, 2004

36 N.J.R. 1791(a)

 

February 22, 2005

37 N.J.R. 590(a)

 

October 17, 2005

November 7, 2005

36 N.J.R. 4228(a), 37 N.J.R. 3976(a)

 

  Revision Promulgated:                                                         November 21, 2005

  Revision Operative:                                                             November 21, 2005

  See:                                                                                    36 N.J.R. 4607(a), 37 N.J.R. 4415(a)

 

  Administrative Correction:                                                  December 4, 2006

  See:                                                                                   38 N.J.R. 5155(b)


                                                                      TABLE OF CONTENTS

 

SECTION       TITLE                                                                                                                                     PAGE

7:27-16.1   Definitions............................................................................................................................................... 5

7:27-16.1A  Purpose, scope, applicability, and severability...................................................................................... 25

7:27-16.2   Stationary storage tanks......................................................................................................................... 27

7:27-16.3   Gasoline transfer operations................................................................................................................... 30

7:27-16.4   VOC transfer operations, other than gasoline......................................................................................... 38

7:27-16.5   Marine tank vessel loading and ballasting operations............................................................................... 42

7:27-16.6   Open top tanks and solvent cleaning operations...................................................................................... 44

7:27-16.7   Surface coating and graphic arts operations............................................................................................ 62

7:27-16.8 Boilers.................................................................................................................................................... 74

7:27-16.9 Stationary combustion turbines................................................................................................................ 76

7:27-16.10 Stationary reciprocating engines............................................................................................................. 77

7:27-16.11 Asphalt plants....................................................................................................................................... 78

7:27-16.12   Surface coating operations at mobile equipment repair and refinishing facilities....................................... 79

7:27-16.13  Flares.................................................................................................................................................. 84

7:27-16.14 through 7:27-16.15(Reserved).............................................................................................................. 85

7:27-16.16 Other source operations........................................................................................................................ 85

7:27-16.17 Facility-specific VOC control requirements............................................................................................ 94

7:27-16.18  Leak detection and repair................................................................................................................... 101

7:27-16.19 Application of cutback and emulsified asphalts..................................................................................... 112

7:27-16.20 Petroleum solvent dry cleaning operations............................................................................................ 112

7:27-16.21 Natural gas pipelines............................................................................................................................ 113

7:27-16.22 Emission information, record keeping and testing.................................................................................. 115

7:27-16.23 Procedures for demonstrating compliance............................................................................................ 116

7:27-16.24 (Reserved).......................................................................................................................................... 117

7:27-16.25 (Reserved).......................................................................................................................................... 117

7:27-16.26 Variances............................................................................................................................................ 117

7:27-16.27 Exceptions.......................................................................................................................................... 117

APPENDIX I....................................................................................................................................................... 119

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

7:27-16.1         Definitions

 

            The following words and terms, when used in this subchapter, have the following meanings, unless the context clearly indicates otherwise.

 

            "Actual emissions" means the rate at which an air contaminant is actually emitted, either directly or indirectly, to the outdoor atmosphere, in units of mass per calendar year, seasonal period, or other time period specified in this subchapter.

 

            "Agitator" means an apparatus with an external seal used to shake, stir, or mix material in an enclosed vessel.

           

            "Air contaminant" means any substance, other than water or the distillates of air, present in the atmosphere as solid particles, liquid particles, vapors or gases.

 

            "Airless cleaning system" means a solvent cleaning machine that operates under vacuum and seals at a differential pressure of 0.50 pounds per square inch or less, prior to the introduction of solvent or solvent vapor into the cleaning chamber, and maintains this differential pressure under vacuum during all cleaning and drying cycles.

           

            "Airless spray" means a spray coating method in which the coating is atomized by forcing it through a small nozzle opening at high pressure.  The coating is not mixed with air before it exits from the nozzle opening.

           

            "Air-tight cleaning system" means a solvent cleaning machine that seals at a differential pressure of  0.50 pounds per square inch or less, prior to the introduction of solvent or solvent vapor into the cleaning chamber, and maintains this differential pressure during all cleaning and drying cycles.

 

            "Applicable VOC" means any VOC which has a vapor pressure or sum of partial pressures of organic substances of 0.02 pounds per square inch (1.0 millimeters of mercury) absolute or greater at standard conditions.

 

            "Asphalt" means a solid, semisolid, or liquid material, produced by mixing bituminous substances together with gravel, crushed rock or similar materials, and used commonly as a coating or paving.

 

            "ASTM" means the American Society for Testing and Materials.

 

            "Automated parts handling system" means, with respect to a solvent cleaning machine, a mechanical device that carries parts and/or baskets containing parts at a controlled speed from the initial loading of soiled or wet parts through the removal of the cleaned or dried parts.

 

            "Automobile or light duty truck surface coating operation" means the application, flash-off, and curing of the primer, topcoat, and repair coat on the main body and other exterior sheetmetal of any passenger car or passenger car derivative capable of seating 15 or fewer passengers, or any motor vehicle rated at 8,500 pounds (3,856 kilograms) gross vehicle weight or less which is designed primarily for purposes of transportation of property, or a derivative of such vehicle including, but not limited to, pick-ups, vans, and window vans.  This term includes the  entire coating application system, including all spray booths, flash-off areas, and ovens in which surface coating formulations within the same spray primer, topcoat, or repair operation category are applied, dried and cured.

 

            "Automotive elastomeric coating" means a coating designed for application over surfaces of flexible mobile equipment and mobile equipment components, such as elastomeric bumpers.

 

            "Automotive impact resistant coating" means a coating designed to resist chipping caused by road debris.

 

            "Automotive jambing clear coat" means a fast-drying, ready-to-spray clear coat applied to surfaces such as door jambs and trunk and hood edges to allow for quick closure.

 

            "Automotive lacquer" means a thermoplastic coating applied directly to the bare metal surfaces of mobile equipment and mobile equipment components which dries primarily by solvent evaporation, and which is resoluble in its original solvent.

 

            "Automotive low-gloss coating" means a coating which exhibits a gloss reading less than or equal to 25 on a 60o glossmeter.

 

            "Automotive multi-colored topcoat" means a topcoat that exhibits more than one color, is packaged in a single container, and camouflages surface defects on areas of heavy use, including, but not limited to, cargo beds and other surfaces of trucks and other utility vehicles.

 

            "Automotive pretreatment" means a primer that contains a minimum of 0.5 percent acid, by weight, that is applied directly to the bare metal surfaces of mobile equipment and mobile equipment components to provide corrosion resistance and to promote adhesion of subsequent coatings.

 

            "Automotive primer-sealer" means a coating applied to mobile equipment and mobile equipment components prior to the application of a topcoat to provide corrosion resistance, to promote adhesion of subsequent coatings, to promote color uniformity, and to promote the ability of the undercoat to resist penetration by the topcoat.

 

            "Automotive primer-surfacer" means a coating applied to mobile equipment and mobile equipment components prior to the application of a topcoat for the purpose of:

                       

1.         Filling surface imperfections in the substrate;

            2.         Providing corrosion resistance; and

            3.         Promoting adhesion of subsequent coatings.

 

            "Automotive specialty coating" means a coating which has been determined by the Department to have only specialized, relatively low-volume uses.  This term includes but is not limited to, elastomeric coatings, adhesion promoters, low gloss coatings, bright metal trim repair coatings, jambing clear coats, impact resistant coatings, rubberized asphaltic underbody coatings, uniform finish blenders, or weld-through primers applied to automotive surfaces and lacquer topcoats applied to a historic motor vehicle.

 

            "Automotive topcoat" means a coating or a series of coatings applied over an automotive primer-surfacer, automotive primer-sealer or existing finish on the surfaces of mobile equipment and mobile equipment components for the purpose of protection or beautification.

 

            "Automotive touch up repair and refinish" means an application of automotive topcoat to cover minor finishing imperfections which are equal to or less than one inch in diameter.

 

            "Background concentration" means, with respect to the measurement of the emission of VOC from a component, the concentration of VOC in the ambient air as determined within the facility and at least one meter upwind of the component being tested.

 

            "Ballasting" means the loading of water or other liquid into a marine tank vessel's cargo tank to obtain proper propeller, rudder, and hull immersion.

 

            "Batch" means the material retained in a batch operation, measured at any instant prior to, during, or at the completion of the conversion.

 

            "Batch cycle emission rate" means the total emissions of air contaminants per batch divided by the batch cycle time in hours.

 

            "Batch cycle time" means the total elapsed time per batch in any single manufacturing process vessel, including all phases of the operation during which the vessel contains process materials, excluding time waiting for removal from the vessel.

 

            "Batch mix asphalt plant" means an asphalt plant where the aggregate and asphalt cement or other binder are mixed in equipment other than a rotary dryer.

 

            "Batch operation" means a type of manufacturing process in which fixed amounts of one or more process materials are introduced into a manufacturing process vessel where they are retained for a prescribed amount of time during which they are converted.  Starting materials for a batch are not introduced into the vessel until the previous batch has been removed.

 

            "Batch vapor cleaning machine" means a vapor cleaning machine in which the individual parts or a set of parts that are being cleaned move through the entire cleaning cycle before new parts are introduced into the cleaning machine.  The term includes, but is not limited to, solvent cleaning machines, such as ferris wheel cleaners or cross rod machines, that clean multiple loads simultaneously and that are manually loaded.

 

            "Blowdown event" means the non-emergency release of natural gas from a pipeline for the purposes of inspection, maintenance, or repair and where, in the absence of control, more than 2,000 pounds of VOC could be released to the atmosphere.

 

"Boiler serving an electric generating unit" means a steam generating unit used for generating electricity including a unit serving a cogeneration facility.

 

            "Brake horsepower" or "bhp" means a measure of mechanical power generated by a reciprocating engine determined by a brake attached to the shaft coupling.

 

            "British thermal unit" or "BTU" means the quantity of heat required to raise the temperature of one avoirdupois pound of water one degree Fahrenheit at 39.1 degrees Fahrenheit.

 

            "Calendar day" means the 24 hour period from twelve o'clock midnight to twelve o'clock midnight the following day.

 

            "Can coating" means exterior and interior spray coating in two-piece can lines; interior and exterior coating in sheet coating lines for three-piece cans; side seam spray coating and interior spray coating in can fabricating lines for three-piece cans; and sealing compound application and sheet coating in end coating lines.     

 

            "Capture efficiency" means the amount of VOC entering a capture system and delivered to a control device expressed as a ratio of the total VOC generated by a source of VOC.

 

            "CARB" means the California Air Resources Board.

 

            "Carbon adsorber" means a bed of activated carbon into which an air/solvent, gas/vapor or liquid stream is routed and which adsorbs certain compound(s) found in the stream onto the carbon.

 

            "Carbon monoxide" or "CO" means a colorless, odorless, tasteless gas at standard conditions, having a molecular composition of one carbon atom and one oxygen atom.

 

            "Cartridge filtration system" means a system in which perforated canisters containing filtration paper and/or activated carbon are used in a pressurized system to remove solid particles and fugitive dyes from soil-laden solvent.

 

            "Catalytic oxidizer" means a type of control apparatus which reduces the emission of air contaminants by causing the air contaminant molecules to decompose by oxidation, accomplished by preheating the gases being emitted to a predetermined temperature, which is less than required for thermal oxidation, and contacting the preheated gases with catalysts to promote decomposition.

 

            "Certificate" means either an operating certificate or a temporary operating certificate.

 

            "CFR" means the Code of Federal Regulations.

 

            "Chemical plant" means any facility, or any part thereof, classified within the Standard Industrial Code (SIC) Major Group 28, "Chemical and Allied Products."

 

            "Clear coating" means a coating which lacks color and opacity or is transparent and uses the undercoat as a reflectant base or undertone color and any coating used as an interior protective lining on any cylindrical metal shipping container of greater than one gallon capacity.

 

            "Clear topcoat" means the final coating, which contains binders but not opaque pigments and which is specifically formulated to form a transparent or translucent solid protective film on wood furniture.

 

            "CO" means carbon monoxide.

 

            "Coating of flat wood paneling" means the coating of hardwood, plywood, particle board, and hardboard paneling, excluding the coating of exterior siding, tile board, or particle board used in furniture manufacturing.

 

            "Coating of miscellaneous metal parts and products" means the application of any coating, excluding an adhesive, to any metal part or product including, but not limited to, large and small farm machinery, small appliances, office machinery, vending machines, industrial machinery, metal-covered doors, door frames, and electrical machinery.

 

            "Coating of wood furniture" means the application of any surface coating formulation to any furnishing made of wood or a composite of wood including, but not limited to, kitchen cabinets, equipment cabinets, household furniture and office furniture.

 

            "Coil coating" means the coating of any flat metal sheet or strip available in rolls or coils.

 

            "Cold cleaning machine" means a solvent cleaning machine, containing and/or using an unheated liquid which contains greater than five percent VOC or five percent HAP by weight, into which parts are placed for the purpose of removing dirt, grease, oil or other contaminants and coatings from the surfaces of the parts.  This term includes both immersion cold cleaning machines and remote reservoir cold cleaning machines.  The term does not include vapor cleaning machines and machines which do not have a solvent/air interface, such as airless and air-tight cleaning systems.

 

            "Combined cycle combustion turbine" means a combustion turbine that recovers heat from the turbine exhaust gases to heat water or generate steam.

 

            "Combustion source" means a source operation or item of equipment which combusts fuel.

 

"Combustion turbine" means an internal combustion engine fueled by liquid or gaseous fuel, in which blades are driven by combustion gases to generate mechanical energy in the form of a rotating shaft that drives an electric generator or other industrial equipment.

 

            "Complete" means, in reference to an application for a permit, that the application contains all of the information necessary, as determined by the Department, for commencing technical review of the application.  Designating an application complete for purposes of commencing technical review does not preclude the Department from requesting or accepting any additional information.

 

            "Component" means, with respect to leak detection and repair, any part of a source operation, including any equipment and control apparatus, from which emissions of air contaminants may be released into the ambient air.  This term includes, but is not limited to, any agitator, valve, flange, fitting, gasket, seal, joint, pump, compressor, pressure relief device, diaphragm, manhole, hatch, sight-glass, instrument connection or other connection, meter, or associated equipment.  This term does not include a designed emission point of a stack or chimney.

 

            "Compressor" means a device used to compress gases or vapors by the addition of energy, and includes all associated components used to make connections or seals.

 

            "Conductive ink" means an ink used in screen printing which contains material that permits electric current to flow through printed lines or patterns.

 

            "Conservation vent" means any valve designed and used to reduce evaporation losses of any VOC by limiting the amount of air admitted to, or vapors released from, the vapor space of a closed storage vessel.

 

            "Construction ballast" means the filling of an underground storage tank with any VOC, including gasoline, to provide stability during construction.

 

"Construction engine" means a mobile engine used for construction at a site for a limited time period.  Construction engine includes a mobile electric generator that is used until regular electric power lines are available to replace the function of the electric generator at the construction site.  Construction engine does not include:

 

            1.         An engine attached to a foundation;

 

            2.         An engine (including any replacement engines) at the same location for more than 12 months;

 

3.         An engine (including any replacement engines) at a seasonal source for at least 90 days per year for at least two years; or

 

4.         An engine that is moved from one location to another in an attempt to circumvent the residence time criteria in 2 or 3 above.

 

            "Control apparatus" means any device which prevents or controls the emission of any air contaminant directly or indirectly into the outdoor atmosphere.

 

            "Conveyorized surface cleaner" means a surface cleaner through which the parts to be cleaned are moved by means of a continuous, automatic system.

 

            "Custom topcoating" means, with respect to automobiles and light duty trucks, the application of surface coating formulations, except during original equipment manufacturing, to the main body or other exterior areas of any passenger car or any motor vehicle capable of seating 15 or fewer passengers or any motor vehicle rated at 8,500 pounds (3,856 kilograms) gross weight or less which is designed for purposes of transportation of property, or a derivative of such vehicle including, but not limited to, pick-ups, vans, and window vans, to achieve a finish that meets individual specifications, including, but not limited to, custom color, design, or gloss.  It shall not include the use of adhesion promoters, zinc phosphate pretreatments, uniforming finishes or blenders, specialty primers for plastics, or low reflective accessory coatings.

           

            "Cutback asphalt" means any paving asphalt which has been liquefied by blending with petroleum solvents, or produced directly from the distillation of petroleum having vaporization properties similar to the blended and liquefied asphalt.

 

            "Day" means calendar day.

 

            "Delivery vessel" means any vehicle designed and constructed or converted to be capable of transporting liquid VOC cargo such as gasoline or fuel oil.  This term includes, but is not limited to, tank trucks, tank trailers, railroad tank cars, and marine tank vessels.

 

            "Department" means the New Jersey Department of Environmental Protection.

 

            "Destruction efficiency" means the amount of VOC destroyed or removed by a control device expressed as a ratio of the total VOC entering the device.

 

            "Development" means investigations in a laboratory or pilot plant directed toward the structuring or establishment of methods of manufacture or of specific designs of salable substances, devices or procedures, based upon previously discovered facts, scientific principles or substances.  Development shall not include production for sale of established products through established processes; nor shall it include production in plant, works or semi-works equipment for distribution through market-testing channels.

 

            "Difficult to monitor component" means any component located over 15 feet above ground when access is required from the ground, or any component located 9.6 feet away from a platform when access is required from a platform.

 

            "Dilution gas" means air or gas from any source whatsoever added to the source gas emitted from a source operation.

 

            "Distillates of air" means helium (He), nitrogen (N2), oxygen (O2), neon (Ne), argon (Ar), krypton (Kr), and xenon (Xe).

 

            "DOT" means the United States Department of Transportation.

 

            "Double seal floating roof" means a floating roof with two complete and separate seal-envelope combinations, one above the other, containing an enclosed space between them.  At least one of the seals must be supported by a mechanism which maintains constant seal contact with the inner surface of the vessel walls, despite surface and attitude irregularities.

 

            “Down time” means, with respect to a solvent cleaning machine, the period when a solvent cleaning machine is not cleaning parts and the sump heating coils, if present, are turned off.

 

            "Drum mix asphalt plant" means an asphalt plant where the asphalt cement or other binder is added to the aggregate while the aggregate is still in the rotary dryer.

 

            "Dwell" means, with respect to the operation of a solvent cleaning machine, the holding of parts after cleaning within the freeboard area and above the solvent vapor zone of a solvent cleaning machine, to allow solvent to drain from the parts or the basket holding the parts back into the solvent cleaning machine.

 

            "Dwell time" means, with respect to the operation of a batch vapor cleaning machine or an in-line vapor cleaning machine, the period of time which begins when a parts basket is placed above the vapor zone of the vapor cleaning machine and which ends when solvent dripping ceases.

 

"Electric distribution company" means a public utility, as the term is defined in N.J.S.A. 48:2-13, that transmits or distributes electricity to end users within this State.

 

"Electric distribution system" means that portion of an electric system, which delivers electricity from transformation points on the transmission system to points of connection at a customer's premises.  An electric distribution system generally carries less than 69 kilovolts of electricity.

 

            "Electric generating unit" means a combustion or steam generating source used for generating electricity that delivers all or part of its power to the electric power distribution grid for commercial sale.

 

            "Emergency" means any situation that arises from sudden and reasonably unforeseeable events beyond the control of an owner or operator of a facility, such as an unforeseen system capacity shortage caused by an act of God, that requires immediate corrective action to prevent system collapse or to restore normal operations at the facility. 

 

            "Emergency generator" means a combustion source that:

 

1.         Is located at a facility and produces mechanical or thermal energy, or electrical power exclusively for use at the facility;

           

2.         Is the source of mechanical or thermal energy, or electrical power during an emergency when the primary source of energy or power is unavailable; and

 

            3.         Is operated only:

 

i.          During the performance of normal testing and maintenance procedures, as recommended in writing by the manufacturer and/or as required in writing by a Federal or State law or regulation;          

           

ii.          When there is power outage or the primary source of mechanical or thermal energy fails because of an emergency; or

 

                        iii.         When there is a voltage reduction issued by PJM and posted on the PJM internet website (www.pjm.com) under the “emergency procedures” menu.

 

           

            "Emission statement" means a report of the actual annual emissions of a facility submitted by the owner or operator to the Department pursuant to the requirements of N.J.A.C. 7:27-21.

 

            "Emulsified asphalt" means asphalt which has been liquefied by mixing with water and an emulsifying agent.

 

            "EPA" means the United States Environmental Protection Agency.

 

            "Equipment" means any device capable of causing the emission of an air contaminant either directly or indirectly to the outdoor atmosphere, and any stack or chimney, conduit, flue, duct, vent or similar device connected or attached to, or serving the equipment.  This term includes, but is not limited to, a device in which the preponderance of the air contaminants emitted is caused by a manufacturing process.

 

            "Exclusion rate" means that rate at or below which the emission of an air contaminant into the outdoor atmosphere is not required to be controlled.

 

            "Exempt organic substance" means an organic substance which is one of the chemical compounds specifically not included in the term "volatile organic compound" or "VOC" as defined in this section.

 

            "External floating roof" means a movable roof in an otherwise open top storage vessel consisting of a floating deck resting on the surface of the liquid contents, a continuous seal supported against the inner surface of the tank shell, and an envelope closing the gap between the floating deck and the seal, the entire deck-seal-envelope combination free to rise and fall with the surface of the liquid during filling and emptying of the storage vessel.

 

            "Extreme performance coating" means a coating formulated for and exposed to harsh environmental conditions including, but not limited to: outside weather conditions all of the time, or temperatures consistently above 95o C, or temperatures consistently below 0o C or solvents, detergents, abrasives or scouring agents; or corrosive atmospheres or fluids.

 

            "Fabric coating" means the application of any surface coating formulation, except ink and plastisol, to a textile substrate in a fabric coating line.

 

            "Fabric printing operation" means the decorative enhancement of knit or woven cloth including webs, sheets and towels, by applying a pattern or colored design with inks, dyes, or print pastes by techniques including, but not limited to, roller, flat screen, rotary screen, and silk screen printing.

 

            "Facility" means the combination of all structures, buildings, equipment, storage tanks, source operations, and other operations located on one or more contiguous or adjacent properties owned or operated by the same person.  For the purposes of this definition, each natural gas pipeline compressor or pump station and each section of natural gas pipeline between such compressor or pump station shall constitute a separate natural gas pipeline facility.

 

            "Facility-wide permit" means a single permit issued by the Department to the owner or operator of a priority industrial facility incorporating the permits, certificates, registrations, or any other relevant Department approvals previously issued to the owner or operator of the priority industrial facility pursuant to the Solid Waste Management Act, N.J.S.A. 13:1E-1 et seq., the Water Pollution Control Act, N.J.S.A. 58:10A-1 et seq., the Air Pollution Control Act, N.J.S.A. 26:2C-1 et seq., and the appropriate provisions of the Pollution Prevention Plan prepared by the owner or operator of the priority industrial facility pursuant to N.J.S.A. 13:1D-41 and 42.  This term shall have the same meaning as defined for the term “facility-wide permit” at N.J.A.C. 7:1K-1.5; if there is any conflict between the definition at N.J.A.C. 7:1K-1.5 and this one, the definition at N.J.A.C. 7:1K-1.5 shall control.

 

            "Federally enforceable" means all limitations and conditions on operation, production, or emissions that can be enforced by EPA.  The foregoing limitations and conditions that can be enforced by EPA include, but are not limited to, those established in:

 

            1.         Any standards of performance for new stationary sources (NSPS) promulgated at 40 CFR 60;

            2.         Any national emission standard for hazardous air pollutants (NESHAP) promulgated at 40 CFR 61;

            3.         Any provision of an applicable SIP;

            4.         Any permit issued pursuant to requirements established at 40 CFR 51, Subpart I; 40 CFR 52.21; 40 CFR 70; or 40 CFR 71; or

            5.         Any permit or order issued pursuant to the Air Pollution Control Act, N.J.S.A. 26:2C-1 et seq., or this chapter.

 

            "Fill pipe" means a device through which liquid is transferred into a receiving vessel.

 

            "First attempt at repair" means rapid action taken for the purpose of stopping or reducing a leak.  First attempts at repair include, but are not limited to, the following practices where practicable: tightening of packing gland nuts, tightening of flanges, and ensuring that the seal flush is operating at design pressure and temperature.

 

            "Fitting" means a component used to attach or connect pipes or piping details including, but not limited to, flanges and threaded connections.

 

            "Flare" means a device used for the destruction of waste or by-product gases by passing them through a flame and then directly into the outdoor atmosphere.  Thermal oxidizers are not flares.

 

            "Flexographic printing operation" means a system of transferring images onto a substrate through first applying ink to an inking roller which in turn transfers the ink onto the raised image areas of a rubber or elastomeric plate secured to a second roller, which then transfers the ink onto the substrate.

 

            "Floating roof" means an external or internal 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 one or more tight seals 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.

 

            "Former DER credit user" means one who used Discrete Emission Reduction (DER) credits in the three years immediately preceding August 4, 2003 in compliance with the Open Market Emissions Trading Program rules then promulgated at N.J.A.C. 7:27-30 to satisfy the requirements of N.J.A.C. 7:27-16 or 19.

 

            "Fountain solution" means an aqueous solution used in graphic arts operations to dampen the plate and prevent the non-image areas of the plate from accepting the hydrophobic inks used.

 

            "Freeboard height" means, with respect to a solvent cleaning machine, the vertical distance determined as follows:

 

1.         For a cold cleaning machine, the distance from the solvent- containing liquid  to the top edge of the machine; or

2.         For a vapor cleaning machine, the distance from the top of the solvent vapor layer to the top edge of the machine.

 

            "Freeboard ratio" means, with respect to a solvent cleaning machine, a ratio of the machine’s freeboard height to the width of its tank (that is, to the tank’s narrower dimension at the tank lip).    

           

            "Freeboard refrigeration device" means a set of secondary coils mounted in the freeboard area of a solvent cleaning machine that carries a refrigerant or other chilled substance to provide a chilled air blanket above the solvent vapor.  This term includes a solvent cleaning machine’s primary condenser, if it is capable of maintaining a temperature in the center of the chilled air blanket of not more than 30 percent of the boiling point for the solvent used.

 

            "Fuel" means solid, liquid or gaseous materials used to produce useful heat by burning..

 

            "Fugitive emissions" means any emissions of an air contaminant released directly or indirectly into the atmosphere which do not pass through a stack or chimney.

 

            "Gaseous leak" means the emission of applicable VOC directly or indirectly to the atmosphere as a gas or vapor from a hole, crevice, or other opening in a component, other than an emission that is in accordance with the component's design during normal operations.

 

            "Gaseous service" means contact with applicable VOC that is in the gaseous state at operating conditions.

 

            "Gasoline" means any petroleum distillate or petroleum distillate/oxygenated blend having a Reid vapor pressure of four pounds per square inch (207 millimeters of mercury) absolute or greater, and commonly or commercially known or sold as gasoline.

 

            "Gasoline dispensing facility" means a facility consisting of one or more stationary gasoline storage tanks together with dispensing devices used to fill vehicle fuel tanks.

 

            "Glass coating" means the application of any surface coating formulation to a glass surface, such as those of glass lamps or bulbs.

 

            "Graphic arts operation" means the application of one or more surface coating formulations across portions of a surface using one or more rotogravure or flexographic printers used to produce published material and packaging for commercial or industrial purposes, or any rotogravure or flexographic printers used to produce vinyl or urethane coated fabric or sheets, or any sheet-fed gravure, screen printing, or fabric printing operations together with any associated drying or curing areas.  A single graphic arts operation ends after drying or curing and before other surface coating formulations are applied.  For any web line, this term means an entire application system, including any associated drying ovens or areas between the supply roll and take-up roll or folder.  This term does not include any surface coating operation.

 

            "Gravure printing operation (sheet-fed)" means a system of transferring images onto a substrate through first applying ink to a cylinder into the surface of which small, shallow cells have been etched forming a pattern, then wiping the lands between the cells free of ink with a doctor blade, and finally contacting the substrate, which is fed in single sheets, onto the cylinder so that the surface of the substrate is pressed into the cells, transferring the ink to the substrate.  This term does not include proof presses which are being used to check the quality of the image formation of newly engraved or etched gravure cylinders.

 

            "Hatch" means a system, including a cover which may be opened or closed, that provides access to the interior of a tank or other enclosed container.

 

            "Hazardous air pollutant" or "HAP" means an air contaminant listed in or pursuant to subsection (b) of section 112 of the Clean Air Act (42 U.S.C. §7412).

           

            "Historic motor vehicle" means any motor vehicle which is at least 25 years old and which is owned as a collectors item and used solely exhibition and education purposes by the owner.

 

            "Hydrocarbons” or "HC" means any compound or mixture of compounds whose molecules consist of atoms of hydrogen and carbon only.

 

            "Idle time"means, with respect to a solvent cleaning machine, the period when a solvent cleaning machine is not actively cleaning parts, but the sump heating coil, if present, is turned on.

 

            "Immersion cold cleaning machine" means a cold cleaning machine in which the part or parts to be cleaned are immersed in the solvent during the cleaning process.

 

            "Incinerator" means any device, apparatus, equipment, or structure using combustion or pyrolysis to oxidize, reduce or salvage any material or substance. "Incinerator" does not include thermal or catalytic oxidizers used as control apparatus on equipment, but it does include (without limitation) any thermal destruction facility which is a resource recovery facility, as such terms are defined in N.J.A.C. 7:26-1.4.

 

            "Indirect emissions" means a discharge of any air contaminant into the outdoor atmosphere through any opening that is not a stack or chimney directly connected to the equipment.

 

            "Industrial wastewater treatment system" means any structure or structures by means of which industrial liquid waste or sludges are subjected to any treatment process requiring the issuance of an individual NJPDES permit regulated by the Department pursuant to the New Jersey Pollutant Discharge Elimination System Permit Program, N.J.A.C. 7:14A, under the authority of the Water Pollution Control Act N.J.S.A. 58:10A-1 et seq.

 

            "Industrial/commercial/institutional boiler" or "ICI boiler" means an indirect heat exchanger that generates steam to supply heat to an industrial, commercial, or institutional operation.  This term does not include boilers that serve electric generating units.

 

            "Ink transfer" means a decal, printed using screen printing onto a special release carrier, that will be transferred from the carrier to a substrate.  Final transfer of the decal to the substrate may or may not occur at the screen printing facility.

 

            "In-line vapor cleaning machine" means a vapor cleaning machine that uses an automated parts handling system, typically a conveyor, to automatically provide a supply of parts to be cleaned and which is fully enclosed except for the conveyor inlet and exit portals.

 

"Internal combustion engine" means either a reciprocating engine or a combustion turbine in which power, produced by heat and/or pressure from combustion is converted to mechanical work.

 

"KW" or "kW" means kilowatt.

 

            "Laboratory operations" means any action, process, or treatment utilizing chemical, physical, or biological factors to conduct experimental research, tests, or demonstrations.

 

            "Large appliance coating" means the application of any coating to the component parts of large appliances including, but not limited to, doors, cases, lids, panels, and interior supports of residential and commercial washers, dryers, ranges, refrigerators, freezers, water heaters, dish washers, trash compactors, air conditioners, and other associated products.

 

            "Leak" means a gaseous leak or a liquid leak of applicable VOC.

 

            "Leather coating" means the application of any surface coating formulation to a leather substrate in a leather coating line.

 

            "Light liquid" means a fluid with vapor pressure greater than 0.044 pounds per square inch absolute (2.27 millimeters of mercury) at 68o F.

           

            "Light liquid service" means contact with a fluid that is 10 percent or greater by weight light liquid.

 

            "Liquid leak" means the release of liquid applicable VOC from a hole, crevice, or other opening in a component subject to N.J.A.C. 7:27-16, other than a release of liquid VOC in accordance with the component's design during normal operations.  The presence of a drop, drip, accumulation, pool, or other visible evidence of a liquid, applicable VOC demonstrates that a liquid leak has occurred.

 

            "Liquid particles" means particles which have volume but are not of rigid shape.

 

            "Liquid service" means contact with applicable VOC that is in the liquid state at operating conditions.

 

            "Lithographic printing operation" means printing by a planographic method in which the image and nonimage areas are on the same geometric plane.

 

            "Local exhaust ventilation" means a system for capturing air contaminants within 36 inches (91.4 centimeters) of the points at which they emerge from a source operation.

 

            "Magnet wire coating" means the application of electrically insulating varnish or enamel to aluminum or copper wire.

 

            "Major VOC facility" means any facility which has the potential to emit 25 or more tons of VOC per year.

 

            "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, filters, reboilers, columns, classifiers, screens, quenchers, cookers, digesters, towers, washers, scrubbers, mills, condensers, or absorbers.

 

            "Manufacturing process vessel" means any container where in a manufacturing process, or any part thereof, takes place.

 

            "Marine tank vessel" means any tugboat, tanker, freighter, passenger ship, barge, boat, ship, or watercraft, which is specifically constructed or converted to be capable of carrying liquid cargo in tanks.

 

            "Marine terminal" means any facility, or part thereof, at which liquid cargo is loaded into or unloaded out of marine tank vessels.

 

            "Maximum gross heat input rate" means the maximum amount of fuel a combustion source is able to combust in a given period as stated by the manufacturer of the combustion source.  This term is expressed in BTUs per hour, based on the highest BTU value of the fuels combusted.

 

            "Metal furniture coating" means the coating in a metal furniture coating line of any metal part which will be assembled with other metal, wood, fabric, plastic, or glass parts to form a piece of furniture.

 

            "Mobile equipment" means equipment which may be driven or is capable of being driven or pulled on a roadway including, but not limited to, automobiles, trucks, including truck cabs, truck bodies and truck trailers, buses, motorcycles, camper shells, mobile cranes, bulldozers, street cleaning machines, golf carts, ground support vehicles used in support of aircraft activities at airports, and farm equipment.

 

"MW" means megawatt.

 

            "Natural gas/gasoline processing plants" means facilities engaged in the separation of natural gas liquids from field gas and/or fractionation of the liquids into natural gas products such as ethane, propane, butane, and natural gasoline.  Excluded from the definition are compressor stations, dehydration units, sweetening units, field treatment, underground storage, liquefied natural gas units, and field gas gathering systems unless these facilities are located at a gas plant.

 

            "New Jersey's coastal waters" means the Atlantic Ocean area and all areas under tidal influence within three nautical miles (5,566 meters) of the mean high water line as measured from the New Jersey coast, except that, if at any point along the line of measurement, within or beyond three nautical miles (5,566 meters), there is a meeting of waters under the exclusive jurisdiction of any other State or the United States of America, New Jersey's jurisdiction shall end at that point.  Any point of measurement shall be taken from a point of New Jersey land, permanent or nonpermanent, and extended azimuthally to a distance of three nautical miles (5,566 meters) or to the point where another State or the United States of America has jurisdiction.

 

            "Offset lithography" means a planographic method of printing in which the image and nonimage areas are on the same plane and where the ink is transferred from an image plate on one cylinder to an image blanket on a different cylinder.  The ink is finally transferred from the image blanket to the surface to be printed.

 

            "Opaque stain" means all stains that contain pigments but are not classified as semitransparent stains, and includes stains, glazes, and other opaque material applied to wood surfaces.

 

            "Open burning" means any fire from which the products of combustion are emitted directly into the open air, and are not by design directed through a stack or chimney.

 

            "Open top tank" means any vessel in which a manufacturing process, or any part thereof, takes place during which there is an opening to the atmosphere greater than 25 percent of the surface area of any liquid substance contained therein.

 

            "Operating certificate" means a "Certificate to Operate Control Apparatus or Equipment" issued by the Department pursuant to the Air Pollution Control Act of 1954, specifically N.J.S.A. 26:2C-9.2, which is valid for a period of five years from the date of issuance, unless sooner revoked by the Department.

 

            "Operating permit" means the permit described in Title V of the Federal Clean air Act, 42 U.S.C. §§7661 et seq., and in N.J.A.C. 7:27-22.  This term shall include a general operating permit which is applicable facility wide, but does not include a general operating permit which applies only to a part of a facility.  Where a general operating permit applies only to a part of a  facility, the general operating permit shall be incorporated into the operating permit.  This term also includes an operating permit issued for a temporary facility; for a facility subject to a MACT or GACT standard pursuant to N.J.A.C. 7:27-22.26; or for a component of a facility pursuant to N.J.A.C. 7:27-22.5(j).

 

            "Order" means any and all orders issued by the Department including, but not limited to, administrative order and administrative consent orders.

 

            "Other wastewater treatment system" means any structure or structures by means of which liquid waste or sludges (other than industrial liquid waste or sludges) are subjected to any treatment process requiring the issuance of an individual NJPDES permit pursuant to the New Jersey Pollutant Discharge Elimination System Permit Program, N.J.A.C. 7:14A, under the authority of the Water Pollution Control Act, N.J.S.A. 58:10A-1 et seq.

           

            "Paper coating" means:

 

1.         The application of any coating, excluding plastisol, uniformly distributed across   the web, which is put on paper, or on pressure-sensitive tapes regardless of the substrate, including paper, fabric, or plastic film;

 

            2.         Related web coating processes on plastic film including, but not limited to, typewriter ribbons, photographic film, and magnetic tape; or

 

            3.         Decorative coating on metal foil including, but not limited to, gift wrap and packaging. 

 

This term does not include any graphic arts operation.

           

            "Partial pressure" means the pressure exerted by a specified component in a mixture of gases.

 

            "Particles" means any material, except uncombined water, which exists as liquid particles or solid particles at standard conditions.

 

            "Penetrating prime coat" means a low-viscosity liquid asphalt applied to a surface in order to prepare it for paving with an asphalt concrete.

 

            "Permit" means preconstruction permit, operating permit, or facility-wide permit.

 

            "Person" means any individual or entity and shall include, without limitation, corporations, companies, associations, societies, firms, partnerships, and joint stock companies, and shall also include, without limitation, all political subdivisions of any State or any agencies or instrumentalities thereof.

 

            "Petroleum distillate" means any mixture of VOC produced by condensing vapors of petroleum during distillation, including, but not limited to, naphthas, avi