New Jersey Legislature

“ 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. ”

“ 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. ”

“ The rules and regulations shall establish criteria for the generation and use of emissions reduction credits, including the use of emissions reduction credits in lieu of granting exemptions or waivers from compliance with emissions reduction requirements, and shall require that 10% of the emissions reduction credits gained shall be permanently retired for the public benefit when a trade occurs. ”

“ 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. ”

“ 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. ”

“ A person who causes a release of air contaminants in a quantity or concentration which poses a potential threat to public health, welfare or the environment or which might reasonably result in citizen complaints shall immediately notify the department. ”

“ The work groups shall consist of members of industry, environmental, and other interested and affected parties as may be deemed appropriate by the department. Within 90 days after the effective date of P.L.1995, c.188 (C.26:2C-9.5 et al.) , the department shall also establish an industry and environmental work group to evaluate the effects of emissions reductions on emission fee revenues and the resultant impact on the department's air pollution control program. ”

“ Any person who:
(1) purposely or knowingly violates the provisions of P.L.1954, c.212 (C.26:2C-1 et seq.) , or any code, rule, regulation, administrative order, or court order adopted or issued pursuant thereto, is guilty of a crime of the third degree;
(2) purposely or knowingly violates any federally mandated air pollution control requirement, any operating permit condition, or any fee or filing requirement imposed in connection with an operating permit is guilty of a crime of the third degree, the sentence for which may include, notwithstanding the provisions of subsection b. ”

“ If the violation is of a continuing nature, each day during which it continues shall constitute an additional, separate and distinct offense. No civil administrative penalty shall be levied except upon an administrative order issued pursuant to section 14 of P.L.1954, c.212 (C.26:2C-14) .
c. The department is hereby authorized and empowered to compromise and settle any claim for a penalty under this section in such amount in the discretion of the department as may appear appropriate and equitable under all of the circumstances. ”

“ Issue, renew, reopen, and revise operating permits, and require any person who is required to obtain an operating permit under the provisions of the federal Clean Air Act to obtain an operating permit and to certify compliance therewith for all air pollution sources ”

“ An emission fee of $25 (in 1989 dollars adjusted by the CPI) per ton of each regulated air contaminant, excluding carbon monoxide; (b) An initial operating permit application fee per facility not to exceed $25,000. For the purpose of calculating the initial operating permit application fee, the significant equipment listed in the operating permit application shall be assessed at $125 per piece of equipment. ”

“ The fee for a significant modification review for source operations such as solid or hazardous waste treatment and disposal, reciprocating engines, and fuel combustion processes with heat input greater than 100 million BTU/hour or that burn solid fuel shall not exceed $25,000. ”

“ Members of the panel shall: (a) serve for two-year terms; (b) annually elect, by majority vote of the full membership of the panel, a chairperson and a vice-chairperson; and (c) serve without compensation but shall be reimbursed for necessary expenses incurred in the performance of their duties. ”