N.J. Admin. Code § 7:1K-3.6

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

Section 7:1K-3.6 - Additional hazardous substances for which pollution prevention planning is required

(a) The Department may designate a hazardous substance not on the TRI list to Appendix A, Additional Hazardous Substances For Pollution Prevention Planning, through rulemaking in accordance with the Administrative Procedure Act, 52:14B-1 et seq., upon consideration of all of the following criteria:

1. Prior regulation as a hazardous substance pursuant to 42 U.S.C. § 11023; the Spill Compensation and Control Act, N.J.S.A. 58:10-23.1 1 et seq.; Section 4 of the Toxic Catastrophe Prevention Act, 13:1K-19 et seq.; or the Comprehensive Environmental Response, Compensation and Liability Act of 1980, 42 U.S.C. § 9601;

2. The risk to human health or the environment due to the toxicity of the hazardous substance; and

3. Evidence of the production of the hazardous substance in commercial quantities that are used as a commodity in trade in the channels of commerce by the general public.

(b) A rule proposal to designate a hazardous substance not on the TRI list to Appendix A, Additional Hazardous Substances For Pollution Prevention Planning, incorporated herein by reference, shall specifically include, in addition to the requirements of N.J.A.C. 1:30:

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

2. A brief basis and background for the Department's determination that, considering the criteria in (a) above, the toxicity of the hazardous substance justifies its designation to Appendix A, Additional Substances For Pollution Prevention Planning; and

3. The proposed threshold planning quantity for the hazardous substance, in pounds. If the proposed threshold planning quantity is less than 10,000 pounds, the proposal shall also contain the information required by 7:1K-3.4(b).

(c) The owner or operator of a priority industrial facility that uses or manufactures a substance designated by the Department to Appendix A as an additional hazardous substance for which pollution prevention planning is required shall revise the industrial facility's Pollution Prevention Plan and Pollution Prevention Plan Summary to include reporting on the newly added substance. The revised Pollution Prevention Plan Summary shall be submitted to the Department within 12 months of the adoption of this listing, and Pollution Prevention Progress Reports reflecting reporting for the newly added substance shall be submitted to the Department each July 1 thereafter.

N.J. Admin. Code § 7:1K-3.6

Amended by R.2005 d.317, effective 9/19/2005.
See: 37 New Jersey Register 984(a), 37 New Jersey Register 3637(c).
In (a), substituted "19" for "9" following "13:1K-".
Notice of readoption with technical change.
See: 46 N.J.R. 353(a).