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Summary of New Jersey Air Quality Regulations




In the State of New Jersey, NJAC 7:27-8 deals with permits and certificates for source operations and NJAC 7:27-22 deals with operating permits governing Major Facilities. A "Major Facility" constitutes a major source, as defined by EPA at 40 CFR 70.2, inclusive of subsequent amendments, that has the potential to emit any of the air contaminants listed below in an amount that is equal to or exceeds the applicable major facility threshold level. The major facility threshold levels are as follows:

Air ContaminantMajor Facility
Threshold Level
Carbon Monoxide100 tons per year
PM-10100 tpy
TSP100 tpy
Sulfur Dioxide100 tpy
Oxides of Nitrogen25 tpy
VOC25 tpy
Lead10 tpy
Any HAP10 tpy
All HAP's Collectively25 tpy
Any other air contaminant100 tpy

PM-10: a class of air contaminants which include all particulate matter having an aerodynamic diameter less than or equal to 10 micrometers.
TSP: Total suspended particulate matter.

If your facility emits, or has the potential to emit, any of the air contaminants listed above, in an amount which equals or exceeds the threshold amount for that contaminant, then concern yourself with a Title V Operating Permit. These operating permits consolidate all the multiple permits needed for smokestack discharges into a single facility-wide permit.

If your facility does not qualify as Title V, then the following source operating permit requirements may apply:

Permit: Permit to Construct/Install/Alter Air Pollution Control Apparatus/Equipment Certificate to Operate Air Pollution Control Apparatus/Equipment
Summary: New or altered control apparatus and equipment for which a permit and operating certificate are required, pursuant to the provisions of N.J.A.C. 7:27-8.3, include:
  1. All air pollution control apparatus;
  2. Equipment used in a manufacturing process involving surface coating, including, but not limited to, spray and dip painting, roller coating, electrostatic depositing or spray cleaning, from which direct or indirect emissions of any air contaminant occur and in wich the quantity of material used in any source operation is equal to or greater than one-half gallon in any one hour;
  3. All unheated open top surface cleaners having a top opening of greater than six square feet (0.56 square meters);
  4. All heated open top surface cleaners;
  5. All conveyorized surface cleaners;
  6. Equipment, in addition to that set forth in 4 and 5 above, used in a manufacturing process involving surface cleaning or preparation including, but not limited to, degreasing, etching, pickling or plating, from which direct or indirect emissions of any air contaminant occur from a tank or vessel, the capacity of which is in excess of 100 gallons;
  7. Equipment used in a manufacturing process, other than as set forth in 2, 3, 4, 5, and 6, from which direct or indirect emissions of any air contaminant occur and in which the combined weight of all raw materials, excluding air and water, introduced into any one source operation is in excess of 50 pounds in any one hour;
  8. Stationary storage tanks that have a capacity in excess of 10,000 gallons and which are used for die storage of liquids except water or distillates of air. A storage tank maintained under pressure greater than one atmosphere is exempt from the provisions of N.J.A.C. 7:27-8, Aft provided that any vent serving such storage tank has the sole function of relieving pressure under emergency conditions;
  9. Stationary storage tanks that have a capacity of 2,000 gallons or greater and which are used for the storage of volatile organic substances. A storage tank maintained under a pressure greater than one atmosphere is exempt from the provisions of N.J.A.C. 7:27-8 provided that any vent serving such storage tank has the sole function of relieving pressure under emergency conditions;
  10. Tanks, reservoirs, containers and bins that have a capacity in excess of 2,000 cubic feet and which are used for the storage of solid particles;
  11. Stationary material handling equipment using pneumatic bucket or belt conveying systems from which direct or indirect emissions of air contaminants occur;
  12. Commercial fuel burning equipment having a heat input rate of 1,000,000 BTU per hour or greater to the burning chamber;
  13. Any equipment used for the burning of noncommercial fuel,crude oil, or process by-products in any form;
  14. Any incinerator, except incinerators constructed, 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;
  15. Waste or water treatment equipment which permits air contaminants including, but not limited to, air stripping equipment, aeration basins and lagoons. A permit is not required for:
    1. Any water treatment equipment if the concentration of each toxic volatile organic substance included in N.J.A.C 7:27-17 does not exceed 100 parts per billion by weight and the total concentration of VOS does not exceed 3,500 parts per billion by weight; or
    2. Potable water treatment equipment, except air stripping equipment with a capacity greater than 100,000 gallons per day; or
    3. Aeration basins and lagoons at publicly owned publicly owned treatment works, or
    4. Aeration basins and lagoons at domestic treatment works; and
    5. Equipment used for the purpose of venting a closed or operating dump or solid waste facility directly or indirectly into the outdoor atmosphere.

Permit: Registration of Toxic Volatile Organic Substances (TVOS)
Summary: Anyone who stores, transfers or uses a toxic volatile organic substance must register with the department. Persons holding valid Air Pollution Permits for the particular activity are exempt from the registration requirements.The toxic volatile organic substances covered by the requirement are:
  • Benzene (Bensol);
  • Carbon Tetrachloride (Tetrachloromethane);
  • Dioxane (1,4 - Diethylene dioxide);
  • Ethylenimine (Aziridine);
  • Ethylene dibromide (1,2-Dibromoethane);
  • Ethylene dichloride (1,2-Dichloroethane);
  • 1,1,2,2 - Tetrachloroethane (Sym Tetrachloroethane);
  • Terrachloroethylene (Perchloroethylene);
  • 1,1,2 - Trichloroethane (Vinyl Trichloride);
  • Trichloroethylene (Trichloroethene)
No surface coating can contain more than 0.25% by weight of asbestos.


* For more specific information check N.J.A.C. 7:37-17.1 et seq.

Reference: New Jersey Department of Environmental Protection: Permits, Licenses, Approvals, & Certificates, June 1995

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New Jersey Technical Assistance Program for Industrial Pollution Prevention ·
138 Warren Street · Newark, NJ 07102-1982 ·
Phone: 973-596-5864 · Fax: 973-596-6367 · Email: njtap@megahertz.njit.edu