N.J. Admin. Code § 7:1K-3.2

Current through Register Vol. 56, No. 24, December 18, 2024

Section 7:1K-3.2 - Designation of individual industrial facilities not subject to 42 U.S.C. Section 11023 as priority industrial facilities

(a) The Department may issue a directive to an owner or operator of an individual industrial facility which is not required to prepare and submit a toxic chemical release form pursuant to 42 U.S.C. § 11023 designating the industrial facility as a priority industrial facility for pollution prevention planning purposes in accordance with the criteria and procedures in this section.

(b) The Department may issue a directive designating an individual industrial facility which is not required to prepare and submit a toxic chemical release form pursuant to 42 U.S.C. § 11023 as a priority industrial facility for pollution prevention planning purposes if it determines that the industrial facility meets one or more of the following criteria:

1. The industrial facility uses or manufactures a hazardous substance in a quantity greater than the threshold established for the hazardous substance pursuant to N.J.A.C. 7:1K-3.4(a) or (b);

2. The volume of hazardous substances or hazardous wastes used, generated or released at the industrial facility contributes more than 10 percent to the total amount of hazardous substances used, generated or released in the State or region of the State;

3. The industrial facility has a history of unpermitted releases or non-compliance with the terms of any permit, certificate, registration, or any other relevant Department approval issued to the owner or operator of the industrial facility pursuant to N.J.S.A. 13:1D-1 et seq., N.J.S.A. 13:1E-1 et seq., 58:10A-1 et seq., or 26:2C-1; or

4. The industrial facility is the subject of emergency management actions taken by the Department under the Solid Waste Management Act, N.J.S.A. 13:1E-1 et seq., including, but not limited to, actions pertaining to landfill capacity or sludge management.

(c) The procedure for issuing a draft directive designating an individual industrial facility as a priority industrial facility for pollution prevention planning purposes is as follows:

1. The Department shall prepare a draft directive containing a written finding that, based on one or more of the criteria at (b) above, requiring the industrial facility to conduct pollution prevention planning is likely to result in a reduction in the use or release of hazardous substances or the generation of hazardous waste or nonproduct output at the industrial facility and a reduction in the threat posed to the environment or public health by the use or release of hazardous substances or the generation of hazardous waste or nonproduct output at the industrial facility;

2. The draft directive shall be signed by the Director of the Office of Pollution Prevention or his or her designee;

3. The draft directive shall be mailed by the Department to the industrial facility by certified mail; and

4. The Department shall notify the public of the issuance of the draft directive by commonly available public notice mechanisms.

(d) The procedure for the issuance of a final directive designating an individual industrial facility as a priority industrial facility for pollution prevention planning purposes is as follows:

1. If the owner or operator of an industrial facility designated as a priority industrial facility for pollution prevention planning purposes believes that the written findings contained in the draft directive are incomplete or inaccurate, or otherwise disagrees with the Department's written findings, he or she may appeal the draft directive in writing to the Assistant Commissioner within 30 calendar days following his or her receipt of the draft directive. Such appeal shall identify the specific written finding(s) the owner or operator believes to be incomplete or inaccurate or with which the owner or operator disagrees and shall include any documentation necessary to support the owner or operator's claims;

2. The Assistant Commissioner shall review all appeals of draft directives under (d)1 above, and shall issue a final determination or final directive within 30 calendar days following receipt of the owner or operator's appeal. This shall constitute the final agency action of the Department on the directive; and

3. If the owner or operator of an industrial facility designated as a priority industrial facility for pollution prevention planning purposes does not appeal the issuance of the draft directive pursuant to (d)1 above, the draft directive becomes a final directive on the 30th day following receipt of the draft directive by the owner or operator.

(e) The owner or operator of an individual industrial facility designated as a priority industrial facility for pollution prevention planning purposes shall prepare a Pollution Prevention Plan and submit to the Department a Pollution Prevention Plan Summary within 18 months of receipt of the Department's final directive, and shall submit to the Department a Pollution Prevention Plan Progress Report each July 1 thereafter.

N.J. Admin. Code § 7:1K-3.2

Notice of readoption with technical change.
See: 46 N.J.R. 353(a).