N.J. Admin. Code § 7:1K-3.9

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

Section 7:1K-3.9 - Pollution Prevention Plan, Pollution Prevention Plan Summary and Pollution Prevention Plan Progress Report modifications

(a) The owner or operator of a priority industrial facility is required to modify the information required to be recorded or reported in a Pollution Prevention Plan, Plan Summary, or Plan Progress Report if any of the following occurs:

1. A production process changes or a grouping or targeting decision changes because the industrial facility:

i. Ceases operation of a production process or significantly expands the operation of a targeted production process;

ii. Installs a new and different primary component in a targeted production process or removes a primary component from a targeted production process, unless the installation or removal of the component results from the implementation of pollution prevention techniques at the industrial facility;

iii. Uses a hazardous substance, or generates or releases a nonproduct output or hazardous waste, at a targeted production process, in quantities above the threshold established for the hazardous substance at N.J.A.C. 7:1K-3.5, which was not used, released or generated when the industrial facility's current Pollution Prevention Plan was completed;

iv. Reclassifies an existing nonproduct output as a product, intermediate product, or co-product;

v. Modifies a grouping decision that affects a targeted process; or

vi. Modifies a targeting decision pursuant to N.J.A.C. 7:1K-4.4.

2. A hazardous substance quantity used or manufactured at a priority industrial facility changes relative to the planning threshold quantity established at N.J.A.C. 7:1K-3.5;

3. A hazardous substance is added to or deleted from the TRI list or Appendix A of this chapter and that hazardous substance is used or manufactured at a priority industrial facility above the threshold quantity established at N.J.A.C. 7:1K-3.5 in the year following the year the hazardous substance was added; or

4. The Pollution Prevention planning threshold for a hazardous substance established at N.J.A.C. 7:1K-3.5 is revised in accordance with that section and a priority industrial facility uses or manufactures the hazardous substance in the year following the year in which the revised threshold takes effect at a quantity above the revised threshold.

(b) If any of the changes described in (a) above occur at a priority industrial facility during the reporting year, the owner or operator of the priority industrial facility shall review and revise the following sections of its current Pollution Prevention Plan and Plan Summary as they apply to targeted production processes:

1. Facility-level inventory data required in Part IA of a Pollution Prevention Plan (see N.J.A.C. 7:1K-4.3(b)2 );

2. Process-level inventory data required in Part IA of a Pollution Prevention Plan (see N.J.A.C. 7:1K-4.3(b)3 );

3. Facility-level and process-level pollution prevention reductions required to be recorded in Part IB of a Pollution Prevention Plan (see N.J.A.C. 7:1K-4.3(c)1 ) or reported in a Pollution Prevention Progress Report (see N.J.A.C. 7:1K-6.1(c)4 );

4. Process-level pollution prevention reductions required to be recorded in Part IB of a Pollution Prevention Plan (see N.J.A.C. 7:1K-4.3(c)2 ) or reported in a Pollution Prevention Progress Report (see N.J.A.C. 7:1K-6.1(c)5 );

5. Five-year pollution prevention goals required in Part II of a Pollution Prevention Plan and in a Pollution Prevention Plan Summary (see N.J.A.C. 7:1K-4.5(a)7 through 10 and 5.1(b)3);

6. Description of targeted production processes required in Part II of a Pollution Prevention Plan and in a Pollution Prevention Plan Summary (see N.J.A.C. 7:1K-4.5(a)1 and 5.1(e)5i);

7. Planned pollution prevention options required in Part II of a Pollution Prevention Plan (see N.J.A.C. 7:1K-4.5(a)6 ); and

8. Implementation schedules for pollution prevention options required in Part II of a Pollution Prevention Plan (see N.J.A.C. 7:1K-4.5(a)11 ).

(c) If any of the Pollution Prevention Plan or Plan Summary sections listed in (b) above change as a result of the changes described in (a) above at a priority industrial facility during the reporting year, the owner or operator of a priority industrial facility shall review its Pollution Prevention Plan and Pollution Prevention Plan Summary and shall:

1. Prepare substitute pages containing the revised information for inclusion in the industrial facility's Pollution Prevention Plan;

2. Submit substitute pages containing the revised information for the Pollution Prevention Plan Summary at the same time it submits the industrial facility's annual Pollution Prevention Plan Progress Report for the year in which the changes took place; and

3. Submit substitute pages containing the revised information as part of the Pollution Prevention Plan Progress Report for the reporting year in which the changes took place and each subsequent year.

(d) For a source or production process, if the quantity of a hazardous substance used or manufactured annually at a priority industrial facility decreases below the threshold quantity established at N.J.A.C. 7:1K-3.5, the owner or operator shall notify the Department in writing of such change and the reason for the change by July 1 of the year following the decrease.

(e) If a hazardous substance is deleted from the TRI list or Appendix A of this chapter, and the substance is used or manufactured at a priority industrial facility above the threshold quantity established at N.J.A.C. 7:1K-3.5, the owner or operator of the facility shall submit a final Pollution Prevention Plan Progress Report for this substance by July 1 of the year following the deletion.

(f) If deletion of a hazardous substance from the TRI list or Appendix A of this chapter results in a priority industrial facility no longer being regulated under this chapter, the owner or operator of the facility shall submit a final Pollution Prevention Plan Progress Report by July 1 of the year following the deletion.

(g) The owner or operator of a priority industrial facility may, but is not required to, retarget its processes under N.J.A.C. 7:1K-4.4 and/or prepare a new Pollution Prevention Plan as part of the modification of its Pollution Prevention Plan, Plan Summary or Plan Progress Report pursuant to this section.

N.J. Admin. Code § 7:1K-3.9

Repeal and New Rule, R.2000 d.118, effective 3/20/2000.
See: 31 New Jersey Register 4187(a), 32 New Jersey Register 1001(a).
Section was "Pollution Prevention Plan, Pollution Prevention Plan Summary and Pollution Prevention Plan Progress Report modifications".
Amended by R.2005 d.317, effective 9/19/2005.
See: 37 New Jersey Register 984(a), 37 New Jersey Register 3637(c).
In rule heading, deleted "resulting from production changes or grouping or targeting changes" following "modifications"; rewrote (a); in (b), added "and revise" following "shall review" in the introductory paragraph and changed the N.J.A.C. reference in 6; in (c), rewrote the introductory paragraph; added (d)-(f); recodified former (d) as (g).