New Jersey § 26:2c-2

§ 26:2c-2.

As used in this act: “ Air contaminant ” means any substance, other than water or distillates of air, present in the atmosphere

as solid particles, liquid particles, vapors, or gases ; “ Air pollution ” means the presence in the outdoor atmosphere of one or more air contaminants in

such quantities and duration as are, or tend to be, injurious to human health or welfare,

animal or plant life, or property, or would unreasonably interfere with the enjoyment

of life or property throughout the State and in those areas of the State as shall

be affected thereby, and excludes all aspects of an employer-employee relationship

as to health and safety hazards ; “ Antimicrobial pesticide ” means a product that destroys or repels, or prevents or mitigates the growth of,

any bacteria, fungus, virus or other micro-organism that is defined as a pest pursuant

to 7 U.S.C. s.136w (c)(1) , and includes any product required to be registered as an antimicrobial pesticide

pursuant to the “Federal Insecticide, Fungicide and Rodenticide Act,” 7 U.S.C. s.136 et seq. ; “ Commissioner ” means the Commissioner of Environmental Protection ; “ Construct ” or “ construction ” means to fabricate or erect equipment or control apparatus at a facility where it

is intended to be used, but shall not include the dismantling of existing equipment

or control apparatus, site preparation, or the ordering, receiving, temporary storage,

or installation of equipment or control apparatus. Unless otherwise prohibited by federal law, “construct” or “construction” shall

also not include the pouring of footings or placement of a foundation where equipment

or control apparatus is intended to be used ; “ Consumer Price Index ” or “ CPI ” means the annual Consumer Price Index for a calendar year as determined year to

year using the decimal increase in the September through August, 12-month average

for the previous year of the Consumer Price Index for All Urban Consumers (CPI-U),

as published by the United States Department of Labor ; “ Control apparatus ” means any device that prevents or controls the emission of any air contaminant ; “ Council ” means the Clean Air Council created pursuant to section 3 of P.L.1967, c. 106 ( C.26:2C-3.2 ) ; “ Department ” means the Department of Environmental Protection ; “ Emission fee ” means an annual fee that is based on the emission of any regulated air contaminant ; “ Emission statement ” means an annual reporting of actual emissions of air contaminants as prescribed

by rules and regulations therefor that shall be adopted by the department pursuant

to the “Administrative Procedure Act,” P.L.1968, c. 410 ( C.52:14B-1 et seq. ) ; “ 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 into the outdoor atmosphere, and any stack, chimney, conduit, flue,

duct, vent, or similar device connected or attached to, or serving, the equipment,

and shall include, but need not be limited to, any equipment in which the preponderance

of the air contaminants emitted is caused by a manufacturing process ; “ Facility ” means the combination of all structures, buildings, equipment, control apparatus,

storage tanks, source operations, and other operations that are located on a single

site or on contiguous or adjacent sites and that are under common control of the same

person or persons. Research and development facilities that are located with other facilities shall

be considered separate and independent entities for the purposes of complying with

the operating permit requirements of P.L.1954, c. 212 ( C.26:2C-1 et seq. ) or any codes, rules, or regulations adopted pursuant thereto ; “ Federal Clean Air Act ” means the federal “Clean Air Act” ( 42 U.S.C.s.7401 et seq. ) and any subsequent amendments or supplements to that act ; “ Grandfathered ” means construction, reconstruction, or modification of equipment or control apparatus

prior to the date of enactment of section 13 of P.L.1967, c. 106 ( C.26:2C-9.2 ) on June 15, 1967, or prior to the subsequent applicable revisions to rules and regulations

codified at N.J.A.C.7:27-8.1 et seq. that occurred March 5, 1973, June 1, 1976, April 5, 1985, and October 31, 1994 ; “ HAP ” or hazardous air pollutant ” means any air pollutant listed in or pursuant to subsection (b) of section 112 of

the federal Clean Air Act ( 42 U.S.C. s.7412 ) ; “ Hospital or medical disinfectant ” means an antimicrobial product registered with the United States Environmental Protection

Agency that qualifies to bear the name or claim to be a “hospital or medical environment

disinfectant” pursuant to United States Environmental Protection Agency guidelines

published pursuant to 7 U.S.C. s.136a(c)(2)(A) , and shall include, but shall not be limited to, antimicrobial pesticides used in

hospitals, doctor and dentist offices, and other medical environments; “ Install ” or “ installation ” means to carry out final setup activities necessary to provide equipment or control

apparatus with the capacity for use or service, and shall include, but need not be

limited to, connection of equipment or control apparatus, associated utilities, piping,

duct work, or conveyor systems, but shall not include construction or reconfiguration

of equipment or control apparatus to an alternate configuration specified in a permit

application and approved by the department ; “ Major facility ” means a major source, as that term is defined by the EPA in rules and regulations

adopted pursuant to the federal Clean Air Act at 40 CFR 70.2 or any subsequent amendments thereto, 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 levels as follows: Air Contaminant Threshold level Carbon monoxide100 tons per year Particulate matter (PM-10)100 tons per year Total suspended particulates100 tons per year Sulfur dioxide100 tons per year Oxides of nitrogen25 tons per year VOC25 tons per year Lead10 tons per year Any HAP10 tons per year All HAPs collectively25 tons per year Any other air contaminant100 tons per year ; “ Modify ” or “ modification ” means any physical change in, or change in the method of operation of, existing

equipment or control apparatus that increases the amount of any air contaminant emitted

by that equipment or control apparatus or that results in the emission of any air

contaminant not previously emitted, but shall not include normal repair and maintenance ; “ Operating permit ” means the permit described in Title V of the federal Clean Air Act ( 42 U.S.C. s.7661 et seq. ) ; “ Person ” means an individual, public or private corporation, company, partnership, firm,

association, society, joint stock company, international entity, institution, county,

municipality, state, interstate body, the United States of America, or any agency,

board, commission, employee, agent, officer, or political subdivision of a state,

an interstate body, or the United States of America ; “ Potential to emit ” means the same as that term is defined by the EPA in rules and regulations adopted

pursuant to the federal Clean Air Act at 40 CFR 70.2 or any subsequent amendments thereto ; “ Process unit ” means equipment assembled to produce intermediate or final products. A process unit can operate independently if supplied with sufficient feed or raw

materials and sufficient storage facilities for the product. The storage and transfer of product or raw materials to and from the process unit

shall be considered separate from the process unit for the purposes of making reconstruction

determinations. Product recovery equipment shall be considered to be part of the process unit, not

part of the control apparatus ; “ Reconstruct ” or “ reconstruction ” means the replacement of parts of equipment included in a process unit, or the replacement

of control apparatus, if the fixed capital cost of replacing the parts exceeds both

of the following amounts: (1) Fifty percent of the fixed capital cost that would

be required to construct a comparable new process unit or control apparatus; and

(2) $80,000 (in 1995 dollars) adjusted by the Consumer Price Index ; “ Regulated air contaminant ” means the same as the term “regulated air pollutant” as defined by the EPA in rules

and regulations adopted pursuant to the federal Clean Air Act at 40 CFR 70.2 or any subsequent amendments thereto ; “ Research and development facility ” means any facility the primary purpose of which is to conduct research and development

into new processes and products, including academic and technological research and

development, provided that such a facility is operated under the close supervision

of technically trained personnel and is not engaged in the manufacture of products

for commercial sale, except in a de minimis manner ; and “ VOC ” or “ volatile organic compound ” means the same as that term is defined by the EPA in rules and regulations adopted

pursuant to the federal Clean Air Act at 40 CFR 51.100 or any subsequent amendments thereto.