August 22, 2018

NJ Issues Advisory for Air Permits Issued Prior to 1998


Actions Required for Air Permits Issued Prior to 1998


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Who is affected by this advisory?

Air-regulated facilities with equipment or sources permitted under pre-construction permits with activity numbers beginning with PCP96 and/or PCP97 are affected by this advisory; for example, PCP960001 and/or PCP970001. These activity numbers are referred to as pre-NJEMS and are permits that were approved before the existence of the DEP’s New Jersey Environmental Management System client-server application, commonly known as NJEMS.

What is the background information regarding this advisory?

Before 1998, facilities used paper forms to complete their air permit applications (pre-NJEMS permits). In 1998, the DEP implemented NJEMS, and the Remote AIMS Data Input User System (RADIUS) was used to allow for electronic submittal of air permit applications into NJEMS. After 1998, the pre-NJEMS permits were created in NJEMS for facilities that listed only one piece of equipment and no compliance plan. An activity number was created for each paper permit (the preconstruction permits beginning with 96 and/or 97). The DEP currently maintains about 5,000 preNJEMS permits, of which about 800 are expired.

Why is the DEP issuing this advisory?

The pre-NJEMS air permits do not include all the applicable requirements, and the renewal invoices are not correct.

What is the DEP doing about it?

The New Jersey Administrative Code, Title 7, Chapter 27, Subchapter 8 (N.J.A.C. 7:27-8) has been incorporated into the EPA-approved State Implementation Plan, which includes enforceable emission limitations or other control measures to attain the National Ambient Air Quality Standards. Each permit must have all applicable state and federal requirements and must include appropriate reporting, monitoring and recordkeeping requirements.

The DEP will be taking the following actions to resolve these issues:

• For pre-NJEMS permits, the list of equipment in the permit(s) will be corrected to reflect the actual number of equipment shown in the paper permit(s);

• The renewal invoices will be revised accordingly, which will correct future renewal invoices and fees;

• Facilities with expired pre-NJEMS permits will be referred to the Division of Air Enforcement for appropriate action(s); and

• For facilities with active air permit applications, the air permit writer will review any existing preNJEMS permits to determine the correct number of pieces of equipment. The renewal invoice will be adjusted accordingly, and the DEP will contact the facility if it qualifies for a general permit.

What should I do?

If your pre-NJEMS permit is expired and the equipment is still on-site, you are currently out of compliance. IMMEDIATELY submit an air permit application (pre-construction permit and/or general permit) for all significant pieces of equipment listed in your expired permit. Also, any unpermitted significant source(s) and/or equipment on your facility must be permitted by submitting a preconstruction permit and/or general permit.

For facilities with no active applications in the DEP: If your permitted source(s) have been modified, your facility must submit an appropriate general permit (if applicable) or a permit modification to include and list all significant source(s) and/or equipment.

Failure to comply with the required actions above may result in enforcement action(s) that may include penalty assessments.

Whom should I contact with questions?

 Air Quality Permitting

(609) 292-6716

Air Compliance and Enforcement   

(973) 656-4444 (Northern)

(609) 292-3187 (Central)

(856) 614-3601 (Southern)

RADIUS Helpline

(609) 633-7259

General Permit Helpline

(609) 633-2829

Where can I get more information?

The following websites can be accessed for additional information regarding this advisory:

Division of Air Quality Permitting Program:

Compliance and Enforcement:

For general DEP information, contact the DEP:

To comment on this advisory:



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