N.J. Admin. Code § 7:1K-3.1

Current through Register Vol. 56, No. 21, November 4, 2024

Section 7:1K-3.1 - Preparation and submission of pollution prevention planning documents by priority industrial facilities

(a) The owner or operator of a priority industrial facility required to prepare and submit a toxic chemical release form for calendar year 1993 pursuant to 42 U.S.C. § 11023 and having a North American Industry Classification System code, as designated by the Federal Office Management and Budget as listed in Table 3.1(a) of Appendix D, shall:

1. Prepare Parts IA and II of a Pollution Prevention Plan in accordance with 7:1K-4.3(b) and 4.5 and submit a Pollution Prevention Plan Summary to the Department in accordance with 7:1K-5.1 on or before July 1, 1994;

2. Prepare Part IB of a Pollution Prevention Plan in accordance with 7:1K-4.3(c) and submit a Pollution Prevention Plan Progress Report to the Department in accordance with 7:1K-6.1 by July 1, 1995;

3. Update Part IB of the Pollution Prevention Plan in accordance with 7:1K-3.7 and submit a Pollution Prevention Plan Progress Report to the Department in accordance with 7:1K-6.1 by each July 1 thereafter; and

4. Revise or modify the industrial facility's Pollution Prevention Plan or Plan Summary as required by 7:1K-3.6 and 3.8.

(b) The owner or operator of a priority industrial facility required to prepare and submit a toxic chemical release form for calendar year 1995 pursuant to 42 U.S.C. § 11023 and having a North American Industry Classification System code, as listed in Table 3.1(b) of Appendix D, shall:

1. Prepare Parts IA and II of a Pollution Prevention Plan in accordance with 7:1K-4.3(b) and 4.5 and submit a Pollution Prevention Plan Summary to the Department in accordance with 7:1K-5.1 on or before July 1, 1996;

2. Prepare Part IB of a Pollution Prevention Plan in accordance with 7:1K-4.3(c) and submit a Pollution Prevention Plan Progress Report to the Department in accordance with 7:1K-6.1 by July 1, 1997;

3. Update Part IB of the Pollution Prevention Plan in accordance with 7:1K-3.7 and submit a Pollution Prevention Plan Progress Report to the Department in accordance with 7:1K-6.1 by each July 1 thereafter; and

4. Revise or modify the industrial facility's Pollution Prevention Plan or Plan Summary as required by 7:1K-3.6 and 3.8.

(c) The owner or operator of a priority industrial facility required to prepare and submit a toxic chemical release form for calendar year 1999 pursuant to 42 U.S.C. § 11023 and having a North American Industry Classification System code, as designated by the Federal Office of Management and Budget, as listed in Table 3.1(c) of Appendix D of this chapter, shall:

1. Prepare Parts IA and II of a Pollution Prevention Plan in accordance with 7:1K-4.3(b) and 4.5 and submit a Pollution Prevention Plan Summary to the Department in accordance with 7:1K-5.1 on or before July 1, 2000;

2. Prepare Part IB of a Pollution Prevention Plan in accordance with 7:1K-4.3(c) and submit a Pollution Prevention Plan Progress Report to the Department in accordance with 7:1K-6.1 by July 1, 2001;

3. Update Part IB of the Pollution Prevention Plan in accordance with 7:1K-3.7 and submit a Pollution Prevention Plan Progress Report to the Department in accordance with 7:1K-6.1 by each July 1 thereafter; and

4. Revise or modify the industrial facility's Pollution Prevention Plan or Plan Summary as required by 7:1K-3.6 and 3.8.

(d) The owner or operator of an industrial facility that is not required to prepare and submit a toxic chemical release form pursuant to 42 U.S.C. § 11023, but which is designated as a priority industrial facility for pollution prevention planning purposes pursuant to 7:1K-3.2, shall:

1. Prepare Parts IA and II of a Pollution Prevention Plan in accordance with 7:1K-4.3(b) and 4.5 and submit a Pollution Prevention Plan Summary to the Department in accordance with 7:1K-5.1 within 18 months of receipt of the Department's final directive designating the industrial facility as a priority industrial facility;

2. Prepare Part IB of a Pollution Prevention Plan in accordance with 7:1K-4.3(c) and submit a Pollution Prevention Plan Progress Report to the Department in accordance with 7:1K-6.1 by July 1 of the year following the submittal of the industrial facility's first Pollution Prevention Plan Summary to the Department;

3. Update Part IB of the Pollution Prevention Plan in accordance with 7:1K-3.7 and submit a Pollution Prevention Plan Progress Report to the Department in accordance with 7:1K-6.1 by each July 1 thereafter; and

4. Revise or modify the industrial facility's Pollution Prevention Plan or Plan Summary as required by 7:1K-3.6 and 3.8.

(e) The owner or operator of a priority industrial facility who was not required to prepare and submit pollution prevention planning documents pursuant to (a) or (b) above, but who subsequently becomes subject to the filing of a toxic chemical release form pursuant to 42 U.S.C. § 11023, for example, by the U.S. EPA's addition of new hazardous substances or new North American Industry Classification System codes, shall:

1. Prepare Parts IA and II of a Pollution Prevention Plan in accordance with 7:1K-4.3(b) and 4.5 and submit a Pollution Prevention Plan Summary to the Department in accordance with 7:1K-5.1 within 12 months after the date set by the U.S. EPA for the submittal of a toxic chemical release form pursuant to 42 U.S.C. § 11023;

2. Prepare Part IB of a Pollution Prevention Plan in accordance with 7:1K-4.3(c) and submit a Pollution Prevention Plan Progress Report to the Department in accordance with 7:1K-6.1 by July 1 of the year following the submittal of the industrial facility's first Pollution Prevention Plan Summary to the Department;

3. Update Part IB of the Pollution Prevention Plan in accordance with 7:1K-3.7 and submit a Pollution Prevention Plan Progress Report to the Department in accordance with 7:1K-6.1 by each July 1 thereafter; and

4. Revise or modify the industrial facility's Pollution Prevention Plan or Plan Summary as required by 7:1K-3.6 and 3.8.

(f) The owner or operator of an industrial facility who was not required to prepare and submit pollution prevention planning documents pursuant to (a) or (b) above, but who subsequently manufactures or uses a hazardous substance in a quantity above the threshold quantity established at 7:1K-3.5, shall prepare a Pollution Prevention Plan and submit a Plan Summary to the Department by July 1 of the year after the submittal to the Department of a Release and Pollution Prevention Report (RPPR), Form DEQ-114, Sections A and B.

(g) The owner or operator of a priority industrial facility who is no longer required to prepare and submit a toxic chemical release form pursuant to 42 U.S.C. § 11023 is no longer subject to the pollution prevention planning requirements of this chapter, unless designated as a priority industrial facility pursuant to 7:1K-3.2. The owner or operator of a facility shall notify the Department in writing concerning the facility status by July 1 of the year following its change in status to a facility to which this subsection applies.

(h) The owner or operator of a priority industrial facility required to prepare and submit a Federal Toxic Chemical Release Form pursuant to 42 U.S.C. § 11023 shall be exempt from preparing a Pollution Prevention Plan, and submitting a Plan Summary and annual Progress Reports in accordance with the schedule in this section, if the sum of nonproduct output and quantity shipped as or in product for that hazardous substance does not exceed 500 pounds, determined from the value reported in Section B of the most current RPPR.

(i) The provisions of (a) above notwithstanding, the owner or operator of a priority industrial facility in business prior to September 7, 2004, who has fulfilled the reporting requirements of this section utilizing a base year of 1993 shall continue to fulfill the requirements of this section utilizing 1993 as the base year.

(j) The provisions of (b) above notwithstanding, the owner or operator of a priority industrial facility in business prior to September 7, 2004, who has fulfilled the reporting requirements of this section utilizing a base year of 1995 shall continue to fulfill the requirements of this section utilizing 1995 as the base year.

N.J. Admin. Code § 7:1K-3.1

Amended by R.1994 d.51, effective 2/7/1994.
See: 25 N.J.R. 1849(a), 26 N.J.R. 842(a).
Amended by R.2000 d.118, effective 3/20/2000.
See: 31 N.J.R. 4187(a), 32 N.J.R. 1001(a).
In (d), inserted ", for example, by the U.S. EPA's addition of new hazardous substances or new SIC codes," following "§ 11023"; in (d)1, substituted "12 months after the date set by the U.S. EPA for the submittal" for "18 months of becoming subject to the filing" following "within"; inserted a new (e); and recodified former (e) as (f).
Special amendment, R.2004 d.87, effective 1/28/2004 (to expire August 15, 2004).
See: 36 N.J.R. 1233(a).
In (a), substituted "North American Industry Classification System code" for "Standard Industrial Classification" in the introductory paragraph; in (b), substituted "North American Industry Classification System code, as listed in Table 3.1(b) of Appendix D" for "Standard Industrial Classification other than those enumerated in (a) above" in the introductory paragraph; in (d), substituted "North American Industry Classification System" for "SIC" in the introductory paragraph.
Administrative correction.
See: 36 N.J.R. 2762(b).
Adopted concurrent amendment, R.2004 d.330, effective 7/29/2004.
See: 36 N.J.R. 1233(a), 36 N.J.R. 4127(b).
Provisions of R.2004 d.87 adopted without change.
Amended by R.2005 d.317, effective 9/19/2005.
See: 37 N.J.R. 984(a), 37 N.J.R. 3637(c).
Added (c) and (h) through (j); recodified former (c) and (d) as (d) and (e); recodified former (e) and (f) as (f) and (g) and rewrote the subsections.
Notice of readoption with technical change.
See: 46 N.J.R. 353(a).