N.J. Admin. Code § 7:1K-3.5

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

Section 7:1K-3.5 - Threshold quantities for pollution prevention planning

(a) Except as otherwise provided by (b) below, the owner or operator of a priority industrial facility is required to include in a Pollution Prevention Plan, Pollution Prevention Plan Summary, and Pollution Prevention Plan Progress Report information on any hazardous substance which is used or manufactured by the industrial facility in quantities above 10,000 pounds per year, measured on a facility-wide basis.

(b) If the Department determines that the use or manufacture of a particular hazardous substance in quantities less than 10,000 pounds poses a significant risk to human health, including risks to occupational and consumer health, or the environment, it may require the owners or operators of priority industrial facilities to incorporate pollution prevention planning for the substance in quantities less than 10,000 pounds into their Pollution Prevention Plans, Plan Summaries, and Plan Progress Reports, as follows:

1. The Department may lower the pollution prevention planning threshold for a hazardous substance by adding the hazardous substance to Appendix B, Pollution Prevention Planning Thresholds Less Than 10,000 Pounds, incorporated herein by reference through rulemaking in accordance with the Administrative Procedure Act, 52:14B-1 et seq. A proposal to lower the pollution prevention planning threshold for a hazardous substance shall specifically include, in addition to the requirements of N.J.A.C. 1:30:

i. The chemical identity and Chemical Abstract Service (CAS) number of the hazardous substance;

ii. A brief basis and background for the Department's determination that the use or manufacture of a particular hazardous substance in quantities less than 10,000 pounds poses a significant risk to human health, including risks to occupational and consumer health, or the environment; and

iii. The new threshold planning quantity for the hazardous substance, in pounds.

2. If the threshold quantity for a hazardous substance for reporting under 42 U.S.C. § 11023 is decreased by the U.S. EPA below the threshold established by the Department under this section for that substance, the effective threshold for the purposes of this chapter shall be that established by the U.S. EPA.

(c) The owner or operator of a priority industrial facility which uses or manufactures a substance for which the Department has lowered the pollution prevention planning threshold shall revise the industrial facility's Pollution Prevention Plan and Pollution Prevention Plan Summary to incorporate information consistent with the new threshold for that substance. The revised Pollution Prevention Plan Summary shall be submitted to the Department within 12 months of the adoption of a lower pollution prevention planning threshold for the hazardous substance, and Pollution Prevention Progress Reports reflecting reporting for the revised threshold shall be submitted to the Department each July 1 thereafter.

N.J. Admin. Code § 7:1K-3.5

Amended by R.2000 d.118, effective 3/20/2000.
See: 31 New Jersey Register 4187(a), 32 New Jersey Register 1001(a).
Inserted (b)2.