On May 27, 2026, the New Jersey Department of Environmental Protection (NJDEP) published a memorandum to clarify what constitutes a piece of equipment under N.J.A.C 7:27-8.2(c)11, Stationary Material Handling Equipment Using Conveying Systems. This memorandum reiterated guidance on conveying systems and added new guidance for permitting integrated portable units, including crushers and screeners. The memorandum notes that it is intended to provide clarification on common equipment configurations and is not meant to cover every possible scenario. As a result, certain permitting determinations may still require case-by-case evaluation by NJDEP staff.
This guidance is significant because how NJDEP defines a “piece of equipment” directly affects permitting requirements, permit modification processes, application complexity, and associated regulatory fees. For facilities involved in mining, quarrying, recycling, aggregate processing, and other material handling operations, these clarifications may streamline permitting and reduce administrative burdens.
Key Things That Remained the Same
Consistent with the previously published guidance, stationary, in-line conveyors that are used for a singular purpose are deemed to be a “conveying system” and, therefore, can be permitted as a single piece of equipment. This approach recognizes that a series of interconnected conveyors operating together as part of a continuous material transport process functions as a single emission unit. The memorandum further explains that transfer points and drop points should be considered when determining whether multiple conveyors constitute a single conveying system. In general, NJDEP’s evaluation focuses on whether the conveyors operate together as a continuous system and whether they are separated by non-conveyor equipment.
The memorandum also reaffirms that conveyors for multiple purposes or relocated to different areas of a facility are not considered part of a single conveying system. Likewise, conveying systems that are interrupted by non-conveyor equipment, such as hoppers, crushers, screens, bins, or other processing equipment, must continue to be evaluated and permitted as separate pieces of equipment. Facilities should therefore continue to carefully review the configuration and intended use of conveyors when preparing permit applications or evaluating modifications.
New Guidance on Portable Mineral Processing Equipment
The NJDEP has previously required all functional elements of portable crushers, screeners, grinders, and other portable mineral processing equipment which integrate inlet and outlet conveyors, hoppers or other functional elements to be permitted as separate pieces of equipment. The revised guidance provides additional clarity regarding circumstances under which certain integrated portable units may instead be treated as a single piece of equipment.
Under the new guidance, portable processing equipment that is manufactured and delivered as an integrated unit may now be permitted as a singular piece of equipment. To qualify for this treatment, the unit must be self-contained and delivered from the manufacturer as a single integrated unit without requiring additional installation or construction.
This change affects how equipment is counted and permitted, not how emissions are calculated. The potential to emit (PTE) calculation for the equipment must still incorporate emissions from all associated parts.
What This Means for You
Under N.J.A.C. 7:27-8 for Preconstruction Permits (PCPs) and N.J.A.C. 7:27-22 for Title V Operating Permits, fees for initial permits as well as modifications include an initial permitting fee for the first new or modified piece of equipment with an additional fee of $790 per additional piece of equipment. PCPs also follow a similar structure for renewing permits. Under this new guidance, permitting costs of constructing and modifying large portable mineral processing equipment as well as renewing existing permits can be reduced drastically.
As a result, the new guidance may reduce permitting costs for facilities that utilize large portable crushers, screeners, grinders, and other integrated processing units. In situations where equipment that may previously have been represented as multiple pieces of equipment can now be permitted as a single integrated unit, application, modification, and renewal costs may be lower.
Companies planning future capital projects should consider reviewing upcoming equipment purchases and permit strategies in light of this clarification. Existing permit holders may also benefit from evaluating whether future permit renewals or modifications could take advantage of the updated guidance.
Because equipment configurations vary substantially from site to site, facilities should evaluate planned projects and permitting strategies on a case-by-case basis to determine whether a particular conveyor system or portable processing unit qualifies for treatment as a single piece of equipment under the memorandum.
If you are looking for assistance with conveyor systems or portable mineral processing equipment permitting, please do not hesitate to reach out to our Princeton Office at 609.318.5500.
