N.J. Admin. Code § 7:1K-3.11

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

Section 7:1K-3.11 - Department review of Pollution Prevention Plans, Plan Summaries and Plan Progress Reports

(a) The owner or operator of a priority industrial facility shall maintain a copy of the Pollution Prevention Plan, Plan Summary and Plan Progress Report for the industrial facility at the industrial facility, and these documents shall be available for inspection and review by the Department.

(b) The Department may require the owner or operator of a priority industrial facility to make any revisions or modifications to a Pollution Prevention Plan, Plan Summary or Plan Progress Report necessary for compliance with the provisions of the Act or this chapter.

(c) The Department shall conduct its review of Pollution Prevention Plans, Plan Summaries and Plan Progress Reports by applying the following review criteria:

1. For the purposes of review and/or enforcement action under N.J.A.C. 7:1K-12, the Department shall determine and evaluate the following:

i. Whether the industrial facility has prepared a Pollution Prevention Plan, Plan Summary and/or Plan Progress Report as required by 7:1K-3.1, 3.6 or 3.8;

ii. Whether the Pollution Prevention Plan is administratively complete. Administrative completeness review shall consist of a review by the Department to determine whether the items identified in 7:1K-4.3 and 4.5 have been included in the Pollution Prevention Plan, the items identified in 7:1K-5.1 have been included in the Pollution Prevention Plan Summary, and the items identified in 7:1K-6.1 have been included in the Pollution Prevention Plan Progress Report;

2. For the purposes of review, but not for the purposes of enforcement action under N.J.A.C. 7:1K-12, the Department shall determine and evaluate the following:

i. Whether the industrial facility's grouping decision includes a pollution treatment or control system or out-of-process recycling system as prohibited by 7:1K-4.2(d);

ii. Whether the pollution prevention methods contained in the Pollution Prevention Plan, Plan Summary and Plan Progress Report are consistent with the definition of pollution prevention found at 7:1K-1.5. Pollution prevention methods include, but are not limited to:

(1) Pollution prevention methods considered by the industrial facility for targeted sources or production processes pursuant to 7:1K-4.5(a) 3;

(2) Pollution prevention methods proposed by the industrial facility to achieve its use and nonproduct output reduction goals pursuant to 7:1K-4.5(a)6; and

(3) Pollution prevention activities that occurred prior to 1987 or prior to preparation of an initial Pollution Prevention Plan and which are recorded in a Pollution Prevention Plan pursuant to 7:1K-4.3(b)2 v;

iii. How an owner or operator's grouping decisions under 7:1K-4.2 and 4.3(b)3iii impacts:

(1) The number of production processes at the industrial facility listed in the industrial facility's Pollution Prevention Plan pursuant to 7:1K-4.3(b)3 i;

(2) The number of sources at the industrial facility listed in the industrial facility's Pollution Prevention Plan pursuant to N.J.A.C. 7:1K- 4.5(a)1;

(3) The unit of product for each grouped process, determined in accordance with 7:1K-4.3(b)3 ii and iii;

(4) The industrial facility's targeting decision pursuant to 7:1K-4.4;

(5) The identification of available and viable pollution prevention options at the industrial facility under 7:1K-4.5(a)4 and 6;

(6) The development of pollution prevention goals for the industrial facility pursuant to 7:1K-4.5(a)7 through 10; and

(7) The tracking of progress towards the industrial facility's pollution prevention goals;

iv. How an owner or operator's targeting decision under 7:1K-4.4 impacts:

(1) The development of pollution prevention goals for the industrial facility pursuant to 7:1K-4.5(a)7 through 10; and

(2) The development of source-specific information pursuant to 7:1K-4.5(a)2;

v. The value of Total Cost Assessment methods to the industrial facility's financial analysis under 7:1K-4.3(b)6 and 4.5(a)5ii;

vi. The industrial facility's methods for incorporating pollution prevention into corporate policies and decision-making;

vii. The industrial facility's methods for obtaining process-level and source-level estimates of use and nonproduct output;

viii. The industrial facility's unit of product for tracking pollution prevention progress, determined in accordance with 7:1K-4.3(b) 3ii;

ix. How the identification of products and production processes under 7:1K-4.3(b)3 ii affects pollution prevention planning and reporting at the industrial facility;

x. Whether any current environmental rules or regulations are obstacles to implementing pollution prevention methods identified in the industrial facility's Pollution Prevention Plan; and

xi. If applicable, whether the industrial facility has met the requirements for a Raw Material Substitution Certification set forth in 7:1K-4.6.

(d) If the Department determines through its review under (c) above that a priority industrial facility has not prepared a Pollution Prevention Plan, Plan Summary or Plan Progress Report as required by 7:1K-3.1 or that a Pollution Prevention Plan, Plan Summary or Plan Progress Report is administratively incomplete, it shall issue an administrative order in accordance with 7:1K-12.2 directing the owner or operator to prepare a Pollution Prevention Plan, Plan Summary or Plan Progress Report or modify the industrial facility's Pollution Prevention Plan, Plan Summary or Plan Progress Report.

(e) If the Department determines through its review under (c) above that it is possible for a priority industrial facility to improve its Pollution Prevention Plan, Plan Summary or Plan Progress Report, it may issue an opinion letter to the priority industrial facility in accordance with the following:

1. The Department may issue an opinion letter identifying sections of the Pollution Prevention Plan, Plan Summary or Plan Progress Report that could be amended to strengthen pollution prevention planning at the industrial facility, including improving the industrial facility's grouping or targeting decisions;

2. The Department's opinion letter shall include a description of suggested Pollution Prevention Plan, Plan Summary or Plan Progress Report amendments and a suggested time frame for implementing the amendments;

3. In lieu of implementing any of the amendments suggested by the Department in an opinion letter, the owner or operator of the industrial facility may submit a response letter supplementing or explaining information in the industrial facility's Pollution Prevention Plan, Plan Summary or Plan Progress Report;

4. After evaluating information submitted by the industrial facility in a response letter, the Department may reaffirm its original opinion letter, issue a revised opinion letter to the industrial facility, or withdraw its original opinion letter; and

5. The failure of an industrial facility to implement the amendments suggested in an opinion letter issued under this subsection shall not constitute non-compliance with this chapter and shall not be grounds for assessment of civil administrative penalties pursuant to N.J.A.C. 7:1K-12. See 7:1K-12.9.

N.J. Admin. Code § 7:1K-3.11

Amended by R.1994 d.51, effective 2/7/1994.
See: 25 New Jersey Register 1849(a), 26 New Jersey Register 842(a).
Recodified from N.J.A.C. 7:1K-3.10 by R.2000 d.118, effective 3/20/2000.
See: 31 New Jersey Register 4187(a), 32 New Jersey Register 1001(a).
Recodified from N.J.A.C. 7:1K-3.14 and amended by R.2005 d.317, effective 9/19/2005.
See: 37 New Jersey Register 984(a), 37 New Jersey Register 3637(c).
Former N.J.A.C. 7:1K-3.11, Pollution Prevention Plan Summary and Pollution Prevention Plan Progress Report modifications resulting from addition or deletion of a hazardous substance on the TRI list or in Appendix A, repealed.
Notice of readoption with technical change.
See: 46 N.J.R. 353(a).