N.J. Admin. Code § 7:1K-7.2

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

Section 7:1K-7.2 - Designation of priority industrial facilities for participation in facility-wide permit program

(a) By September 1, 1994, the Department shall designate no fewer than 10 but not more than 15 individual priority industrial facilities to participate in the facility-wide permit program and to receive a facility-wide permit. Preference for participation in the facility-wide permit program shall be given to facilities that voluntarily participate in the program.

(b) The owner or operator of a priority industrial facility volunteering to participate in the pilot program for facility-wide permitting shall notify the Commissioner of the facility's commitment to volunteer by September 1, 1993. The facility's commitment to volunteer shall be submitted to the Commissioner in writing, shall be signed by the highest corporate officer with direct operating responsibility for the facility and shall remain in effect unless withdrawn pursuant to 7:1K-7.3(f).

(c) Upon receiving a priority industrial facility's commitment to volunteer to participate in the facility-wide permit program, the Department shall evaluate the facility's suitability for receiving a facility-wide permit and shall accept or reject the facility's volunteer commitment. By March 1, 1994, the Department shall notify the facility of its decision to either designate the facility for participation in the facility-wide permit program or reject the facility's volunteer commitment. This notice shall be in writing by certified mail. The Department's evaluation of a facility's commitment to volunteer in the facility-wide permit program shall be based, at a minimum, on the following considerations:

1. The potential for the priority industrial facility to serve as a Statewide model for multi-media pollution prevention programs;

2. The potential for a priority industrial facility that does not meet industry-wide pollution prevention goals to meet those goals through a facility-wide permit;

3. The potential for a priority industrial facility that has not met the use reduction and NPO reduction goals set forth in its Pollution Prevention Plan to meet those goals through a facility-wide permit;

4. The priority industrial facility's history of compliance or non-compliance with the terms of any permit, certificate, registration or any other relevant Department approval issued to the priority industrial facility;

5. The number and type of permits, certificates, registrations or any other relevant approvals issued by the Department and currently held by the priority industrial facility;

6. The effective date and expiration date of permits currently held by the priority industrial facility;

7. The number and quantity of hazardous substances used, generated or released by the priority industrial facility;

8. Whether anticipated changes in production activities at the priority industrial facility may best be addressed through a facility-wide permit; and

9. The nature of current and future State or Federal statutory and regulatory requirements affecting the priority industrial facility.

(d) If by March 1, 1994, the Department designates fewer than 15 facilities to participate in the facility-wide permit program from those facilities volunteering under (b) above, the Department may designate additional priority industrial facilities to participate in the facility-wide permit program and to receive a facility-wide permit. The Department's designation of additional facilities shall be based on the following considerations:

1. The potential for the priority industrial facility to serve as a Statewide model for multi-media pollution prevention programs;

2. The potential for a priority industrial facility that does not meet industry-wide pollution prevention goals to meet those goals through a facility-wide permit;

3. The potential for a priority industrial facility that has not met the use reduction and NPO reduction goals set forth in its Pollution Prevention Plan to meet those goals through a facility-wide permit;

4. The priority industrial facility's history of compliance or non-compliance with the terms of any permit, certificate, registration or any other relevant Department approval issued to the priority industrial facility;

5. The number and type of permits, certificates, registrations or any other relevant approvals issued by the Department and currently held by the priority industrial facility;

6. The effective date and expiration date of permits currently held by the priority industrial facility;

7. The number and quantity of hazardous substances used, generated or released by the priority industrial facility;

8. Whether anticipated changes in production activities at the priority industrial facility may best be addressed through a facility-wide permit; and

9. The nature of current and future State or Federal statutory and regulatory requirements affecting the priority industrial facility.

(e) By September 1, 1994, the Department shall notify each priority industrial facility which has not volunteered to participate in the facility-wide program pursuant to (b) and (c) above, but which has been designated to receive a facility-wide permit pursuant to (d) above. This notice shall be in writing, by certified mail.

(f) After each priority industrial facility participating in the facility-wide permit program has received notification of its designation to the program, the Department shall prepare and submit to the Legislature a report summarizing the designation process and the progress made to date in establishing a facility-wide permitting program.

N.J. Admin. Code § 7:1K-7.2

Administrative Correction to N.J.A.C. 7:1K-7.2(b).
See: 25 New Jersey Register 1876(a).
Amended by R.1994 d.51, effective 2/7/1994.
See: 25 New Jersey Register 1849(a), 26 New Jersey Register 842(a).