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