Provides for automatic approval of air pollution control permits after 90-day review period.

A4969

ASSEMBLY, No. 4969

STATE OF NEW JERSEY

222nd LEGISLATURE

�

INTRODUCED MAY 7, 2026

Sponsored by:

Assemblyman� BRIAN E. RUMPF

District 9 (Ocean)

SYNOPSIS

���� Provides for automatic approval of air pollution
control permits after 90-day review period.

CURRENT VERSION OF TEXT

���� As introduced.

��

An Act
concerning air pollution control permits and amending
P.L.1967, c.106.

����
Be It
Enacted
by the Senate and General Assembly of
the State of New Jersey:

���� 1.��� Section 13 of P.L.1967,
c.106 (C.26:2C-9.2) is amended to read as follows:

���� 13. a.� No person shall
construct, reconstruct, install, or modify equipment or control apparatus and
then use or cause to be used that equipment or control apparatus except in
accordance with P.L.1954, c.212 (C.26:2C-1 et seq.) and the rules and regulations
adopted pursuant thereto.

���� b. �� No operating permit,
operating permit revision, or operating certificate or renewal thereof shall be
issued unless the applicant demonstrates that the equipment or control
apparatus will operate, or operates, in accordance with the provisions of
P.L.1954, c.212 (C.26:2C-1 et seq.) and the rules and regulations adopted
pursuant thereto.

���� c. �� Newly constructed,
reconstructed, or modified equipment and control apparatus shall incorporate
advances in the art of air pollution control as developed for the kind and
amount of air contaminant emitted by the applicant's equipment and control
apparatus as provided in this subsection.

���� (1) For equipment and control
apparatus with a potential to emit any hazardous air pollutant equal to or
greater than the de minimis levels specified by the EPA pursuant to subsection
(g) of section 112 of the federal Clean Air Act (42 U.S.C. 7412) or with a
potential to emit five tons per year or more of any other air contaminant, the
applicant shall document advances in the art of air pollution control in
accordance with the following criteria, as applicable:

���� (a) � For an air contaminant
subject to the prevention of significant deterioration technology requirement,
advances in the art of air pollution control shall be the best available
control technology (BACT) as set forth by the EPA at 40 CFR 52.21 (b)(12) or any
subsequent amendments thereto;

���� (b) For an air contaminant
subject to a significant emissions increase of a non-attainment air contaminant
in a non-attainment area, advances in the art of air pollution control shall be
the lowest achievable emission rate (LAER) as set forth by the EPA at 40 CFR
51.165(a)(1)(xiii) or any subsequent amendments thereto;

���� (c) � For a hazardous air
pollutant technology requirement, advances in the art of air pollution control
shall be the maximum achievable control technology (MACT) as set forth at 42
U.S.C. 7412 or any subsequent amendments thereto; and

���� (d) For other air
contaminants, advances in the art of air pollution control means up-to-date
technology and methods, reflected in equipment, control apparatus, and
procedures, that when applied to an emission source shall reasonably minimize
air contaminant emissions.� The technology shall have been demonstrated for
similar air contaminant discharge parameters to be reliable and shall be
available at reasonable cost commensurate with the reduction in air contaminant
emissions.

���� (2) For equipment and control
apparatus with a potential to emit hazardous air pollutants at less than the de
minimis levels specified by the EPA pursuant to subsection (g) of section 112
of the federal Clean Air Act (42 U.S.C. 7412) and with a potential to emit less
than five tons per year of any other air contaminant, the applicant need not
document advances in the art of air pollution control, but shall document
compliance with:

���� (a) � reasonably available
control technology as defined in rules and regulations that shall be adopted by
the department pursuant to the "Administrative Procedure Act,"
P.L.1968, c.410 (C.52:14B-1 et seq.);

���� (b) applicable new source
performance standards; and

���� (c) � any other applicable
State or federal standard, code, rule, or regulation.

���� (3) (a)� In order to promote
greater emissions reductions than would otherwise be achieved, the department
may adopt, pursuant to the "Administrative Procedure Act," P.L.1968,
c.410 (C.52:14B-1 et seq.), rules and regulations that offer a person the
option of establishing in an operating permit a 15-year plan for reducing
facility emissions beyond minimum air pollution control requirements in lieu of
adhering to strict permit review schedules and complying with less effective
State requirements.� Such a plan shall include schedules setting forth
milestones for reducing emissions at the facility.� Milestones may be met by
reducing emissions at the facility and by providing emissions reduction credits
from non-facility sources pursuant to an emissions trading and banking program
adopted pursuant to section 8 of P.L.1995, c.188 (C.26:2C-9.8).

���� (b) The department shall
review the achievement of the milestones in the plan no less frequently than
every five years when the operating permit is renewed.� The department may
require the person to submit, as part of the application for renewal of the
operating permit, a summary and trend of the actual air contaminant emissions
data reported in the facility's annual emission statements for the previous
five years.� If the department determines during the approval process for an
operating permit renewal that the milestones in the plan have not been met at a
facility and that there is no reasonable likelihood that the milestones can or
will be met, the department may withdraw the opportunity for the facility to
continue pursuant to the plan and shall require instead that the facility
comply with the promulgated schedules for all applicable requirements.

���� (c) � The department shall
allow a person entering a 15-year plan the option of establishing in that
person's operating permit reduced administrative application requirements for
de minimis modifications of equipment and control apparatus at the facility,
provided that:� any increase in allowable emissions for any individual
equipment and control apparatus is below de minimis levels defined by rule or
regulation adopted by the department pursuant to the "Administrative
Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.); and, as part of the
five-year achievement review set forth in subparagraph (b) of paragraph (3) of
this subsection, the person includes a demonstration that confirms no net
emissions increases have occurred at the facility over the previous five years.

���� (d) The department shall
involve in the development of the rules and regulations for the 15-year plan
program adopted pursuant to this paragraph representatives of the affected
industry, environmental, and public interest groups as well as impacted
governmental entities.

���� (4) Consistent with the
provisions of P.L.1991, c.422 (C.13:1D-111 et seq.), the department shall
periodically publish, with an opportunity provided for public comment,
technology, methods, and performance levels with respect to air pollution
control for use by applicants for demonstrating advances in the art of air
pollution control.

���� (a)�� The department shall,
within 18 months after the effective date of P.L.1995, c.188 (C.26:2C-9.5 et
al.), publish the first technical manual containing technology, methods, and
performance levels that can be used by applicants for demonstrating advances in
the art of air pollution control.� Public notice of the availability of each
draft technical manual shall be published in the New Jersey Register, and each
final technical manual shall consider any public comments thereon that are
received by the department.

���� (b)�� Once the department has
published a technical manual for advances in the art of air pollution pursuant
to subparagraph (a) of paragraph (4) of this subsection, any application
submitted that demonstrates compliance with that technical manual shall be considered
to incorporate advances in the art of air pollution control for the source
operations covered by the technical manual.� The department shall periodically
review and update each technical manual as necessary, after providing public
notice and opportunity for public comment.� If the department amends a
technical manual, the new standard shall apply only to applications submitted
after the final publication of the amended technical manual.

���� (c)�� Instead of relying on a
technical manual for advances in the art of air pollution control, an applicant
may propose "case-by-case" advances in the art of air pollution
control applicable to a specific source operation.� If the department determines
that the proposal is consistent with the provisions of this subsection, the
proposal shall be deemed to constitute advances in the art of air pollution
control for that specific source operation.

���� (d)�� Advances in the art of
air pollution control shall include new source performance standards adopted by
the EPA on or after the effective date of P.L.1995, c.188 (C.26:2C-9.5 et al.)
and those new source performance standards published as advances in the art of
air pollution control pursuant to P.L.1954, c.212 (C.26:2C-1 et seq.).

���� (5)�� Before an operating
permit, operating permit revision or operating certificate or any renewal
thereof is issued, or as a condition of issuance, the department may require
the applicant to conduct such tests as are necessary to determine the kind or
amount of the air contaminant emitted from the equipment or whether the
equipment or fuel or the operation of the equipment is in violation of any of
the provisions of P.L.1954, c.212 (C.26:2C-1 et seq.) or of any codes, rules,
or regulations adopted pursuant thereto.� The tests shall be made at the
expense of the applicant and shall be conducted in a manner approved by the
department, and the test results shall be reviewed and professionally
certified.

���� (6)�� Grandfathered equipment
or control apparatus shall not be subject to a demonstration of advances in the
art of air pollution control.

���� (7) An operating permit and
operating certificate or any renewal thereof shall be valid for a period of
five years from the date of issuance, unless sooner revoked for cause by order
of the department, and may be renewed upon application to the department.

���� (8)�� Upon receipt of an
application for the issuance of an operating certificate or any renewal
thereof, the department, in its discretion, may issue a temporary operating
certificate valid for 90 days or until a five-year operating certificate has
been issued or denied.

���� d. �� The following are exempt
from the provisions of subsections a. and b. of this section:

���� (1) One or two family
dwellings;

���� (2) A dwelling of six or less
family units, one of which is owner occupied;

���� (3) Equipment or control
apparatus that is subject to a general permit issued pursuant to subsection h.
of this section; and

���� (4) Equipment and control
apparatus that is de minimis in terms of size or emissions as prescribed in
rules and regulations that shall be adopted by the department pursuant to the
"Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.).

���� e. �� Except as otherwise
prohibited by the EPA pursuant to the federal Clean Air Act, any person who has
received or receives a facility-wide permit issued pursuant to the
"Pollution Prevention Act," P.L.1991, c.235 (C.13:1D-35 et seq.)
shall be deemed to satisfy the requirement for an operating permit issued
pursuant to P.L.1954, c.212 (C.26:2C-1 et seq.).

���� f. ��� The department may
establish policies and procedures for categories of operations that specify the
procedures to be followed for obtaining any permit required pursuant to this
section.

���� g. �� Any requirement solely
related to an air contaminant regulated by the department that is not a
federally regulated air pollutant or contaminant shall be identified in an
operating permit as a State-only requirement that would not be federally
enforceable.

���� h. �� Notwithstanding the
provisions of any other law, rule, or regulation to the contrary, the
department may issue a general permit in lieu of any permit issued pursuant to
this section.� Prior to issuing a general permit, the department shall provide
public notice and opportunity for public comment.

���� i. ��� The department may
require the reporting and evaluation of emissions information for any air
contaminant.� However, prior to requiring that such information be included on
a permit or regulating any air contaminant not regulated by the EPA pursuant to
the federal Clean Air Act, the department shall first make a determination and
advise the public of its conclusion that regulating that air contaminant is in
the best interest of human health, welfare and the environment, and publish
that determination and justification in accordance with the provisions of the
"Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.).

���� j. ��� Except as otherwise
prohibited by federal law, any person who has submitted to the department an
application for a permit to construct, reconstruct, install, or modify
equipment or control apparatus may place that equipment or control apparatus on
the footings or foundation where it is intended to be used during the pendency
of the permit application review process.� A person intending to take action
authorized pursuant to this subsection shall notify the department, via
certified mail, of the intent to undertake the action at least seven days prior
to the commencement of the action.

���� A person who constructs
equipment or control apparatus in accordance with this subsection that the
department determines is not consistent with applicable State laws, codes,
rules, or regulations shall not be subject to civil or criminal penalties for
that inconsistent action provided that the person's actions do not result in
the emission of any air contaminants.� Any costs incurred by the applicant in
connection with such construction may not be used by the applicant as grounds
for an appeal of the department's decision on the permit application.

���� k. �� For the purposes of
P.L.1954, c.212 (C.26:2C-1 et seq.), the use of VOCs not otherwise listed by
the EPA as hazardous air pollutants, or specified by the department pursuant to
subsection i. of this section, shall be considered as a single pollutant.� These
VOCs may be used interchangeably and such use shall not be considered new
installation or modification of equipment or control apparatus.

����
l.� If the department does
not approve or disapprove an application for an operating permit or other
permit issued pursuant to P.L.1954, c.212 (C.26:2C-1 et seq.) within 90 days
after its receipt thereof, the application shall be deemed automatically
approved.

(cf:� P.L.1995, c.188, s.4)

���� 2.� This act shall take effect
immediately.

STATEMENT

���� This bill would require the
Department of Environmental Protection (DEP) to review and approve or
disapprove applications for permits issued pursuant to the �Air Pollution
Control Act (1954),� P.L.1954, c.212 (C.26:2C-1 et seq.), including Title V
operating permits issued pursuant to the federal �Clean Air Act,� within 90
days after the DEP receives the permit application.� If the DEP does not
approve or disapprove the application within 90 days, the permit application
would be deemed automatically approved, under the bill.