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