reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1C - ENVIRONMENTAL JUSTICE › Subchapter 2 - APPLICABILITY AND PROCEDURES › Section 7:1C-2.3 - Initial screening information

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Upon request, the Department shall provide to the applicant the initial screening information provided in this section and a statement of applicability.
(b) Environmental and Public Health Stressors/Geographic Point of Comparison: The Department shall provide a listing of the existing environmental and public health stressors in the overburdened community as set forth at the chapter Appendix and indicate the appropriate geographic point of comparison for each stressor by selecting the lower of the 50th percentile of the State or county's equivalent stressor, excluding other overburdened communities from the comparison.
(c) Adverse Environmental and Public Health Stressors: The Department shall indicate which environmental and public health stressors are considered adverse by comparing the value of each stressor in the overburdened community with the appropriate geographic point of comparison.
(d) Combined Stressor Total: The Department shall sum the number of adverse environmental and public health stressors in the overburdened community to determine the combined stressor total. The Department shall also indicate the appropriate geographic point of comparison for the combined stressor total by selecting the lower of the 50th percentile of the State or county's combined stressor totals excluding the combined stressor totals of other overburdened communities from the comparison.
(e) Cumulative stressors: The Department shall determine whether the overburdened community is subject to stressors by comparing the combined stressor total to the appropriate geographic point of comparison. If the facility is located, or proposed to be located, in whole or in part, in more than one overburdened community, the Department will apply the higher combined stressor total of the overburdened communities for the purposes of this analysis.
(f) The Department shall provide the screening information at (b) through (e) above to the applicant, in writing, for incorporation into the EJIS.
(g) An applicant that wishes to submit its EJIS concurrent with a permit application may obtain the screening information at (a) through (f) above from the Department's Environmental Justice Mapping, Assessment and Protection Tool (
http://njdep.maps.arcgis.com/apps/webappviewer/index.html?id=34e507ead25b4aa5a5051dbb85e55055
).
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1C - ENVIRONMENTAL JUSTICE › Subchapter 3 - ENVIRONMENTAL JUSTICE IMPACT STATEMENT › Section 7:1C-3.1 - Applicability

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All permit applicants shall prepare and submit to the Department an environmental justice impact statement (EJIS) in accordance with the requirements of this section.
(b) Where the overburdened community is not subject to adverse cumulative stressors and the applicant demonstrates, through an analysis of the facility's contributions to the current environmental and public health stressors in the overburdened community, that the facility will avoid a disproportionate impact that would occur by creating adverse cumulative stressors as a result of the facility's contribution, only the information at N.J.A.C. 7:1C-3.2 will be required.
(c) Where the facility cannot avoid a disproportionate impact that would occur by creating adverse cumulative stressors in the overburdened community as a result of the facility's contribution, the applicant shall include information required at both N.J.A.C. 7:1C-3.2 and 3.3.
(d) Where the overburdened community is subject to adverse cumulative stressors, the applicant shall include information required at both N.J.A.C. 7:1C-3.2 and 3.3.
(e) The Department may require inclusion of any additional information or point of analysis it deems necessary for the protection of public health and the environment.
(f) An EJIS, and any supplemental information submitted, in accordance with N.J.A.C. 7:1C-3.3, must be prepared and submitted pursuant to this chapter, as applicable. Where the information addressing a requirement is supplied in the engineering designs or reports, reference to such designs or reports may be noted in the EJIS and supplemental information, provided the appropriate section and page number of the design or report is summarized, cross referenced, and indexed. If any category or requirement above presents no impact relative to the facility, a notation of non-applicability shall be entered in the EJIS and supplemental information.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1C - ENVIRONMENTAL JUSTICE › Subchapter 3 - ENVIRONMENTAL JUSTICE IMPACT STATEMENT › Section 7:1C-3.3 - Supplemental information

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An applicant shall supplement its EJIS with the information described below if the Department determines a facility is located, or proposed to be located, in whole or in part, in an overburdened community that is subject to adverse cumulative stressors or the facility cannot demonstrate that it will avoid a disproportionate impact that would occur by creating adverse cumulative stressors in the overburdened community as a result of the facility's contribution.
1. Site mapping showing:
i. Topographic conditions, contour data, drainage patterns, wetlands or their associated buffers, coastal zones, or other areas regulated by the Department;
ii. Areas of known plant or animal species on the Federal and State endangered, threatened, or rare plant or animal species list;
iii. All existing water classifications, designated uses, and limitations of the surface water bodies that are immediately adjacent to the site, exist on the site, or drain directly onto or off the site, upstream tributaries of bodies of water which flow onto the site, and downstream tributaries of bodies of water which flow from the site, in accordance with N.J.A.C. 7:9B; and
iv. Any existing onsite public scenic attributes or outdoor recreation and conservation opportunities in the overburdened community, such as any Federal, State, county, or municipal parks, forests, wildlife management areas and natural areas, any areas acquired for recreation and conservation purposes with Green Acres funding, program, or a non-profit conservation organization, any lands preserved as open space by a non-profit conservation organization or other public access features; and
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1C - ENVIRONMENTAL JUSTICE › Subchapter 3 - ENVIRONMENTAL JUSTICE IMPACT STATEMENT › Section 7:1C-3.4 - Review of Environmental Justice Impact Statement and authorization to proceed

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Prior to providing public notice pursuant to N.J.A.C. 7:1C-4.1, an applicant shall transmit the EJIS, and any supplemental information, to the Department for administrative review and authorization to proceed pursuant to N.J.A.C. 7:1C-4. The Department's review shall be limited to determining the presence of the information required to complete the EJIS and that the proposed public notice complies with the requirements of this chapter.
(b) Within 10 days of receipt of the EJIS, and any supplemental information, the Department shall either request revisions or the inclusion of additional information in the EJIS or provide the applicant with authorization to proceed with the public participation process pursuant to N.J.A.C. 7:1C-4.
(c) Upon providing authorization to proceed, the Department shall publish the EJIS and any supplemental information on its website and in the bulletin published pursuant to N.J.S.A. 13:1D-34 and shall provide an electronic copy to any party that has registered its interest in the project or representation of the overburdened community with the Department.
(d) The applicant shall provide, to the Department:
1. A proof of publication of the notice of public hearing required pursuant to N.J.A.C. 7:1C-4.1(a)1ii;
2. Copies of and proof of mailing of the notices required pursuant to N.J.A.C. 7:1C-4.1(a)1iii and iv; and
3. A proof of the posting and maintenance of a sign as required pursuant to N.J.A.C. 7:1C-4.1(a)1iv.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1C - ENVIRONMENTAL JUSTICE › Subchapter 4 - PROCESS FOR MEANINGFUL PUBLIC PARTICIPATION › Section 7:1C-4.1 - Public notice

Current through Register Vol. 56, No. 14, July 15, 2024
(a) After receiving authorization from the Department pursuant to N.J.A.C. 7:1C-3.4 to proceed to public process, the applicant shall provide notice of the public hearing and of the opportunity for the public to submit written comments, in accordance with the following, and shall maintain a record that documents that these notice requirements were met:
1. At least 60 days prior to the hearing, the applicant shall:
i. Provide a copy of the EJIS to the clerk of the municipality or municipalities in which the overburdened community is located;
ii. Publish notice of the hearing in at least two newspapers circulating within the overburdened community, including, at a minimum, one local non-English language newspaper in a language representative of the residents of the overburdened community, if applicable;
iii. Provide written notice of the hearing to the Department, the governing body, and the clerk of the municipality in which the overburdened community is located;
iv. Provide written notice of the hearing through certified mail (return receipt requested) to all persons who own and/or reside on land located within 200 feet of the facility and to any easement holders for that land who are listed in the tax records for the municipality or municipalities in which the land is located;
v. Post and maintain, in a legible condition, until the public comment period is concluded, a sign on the site of the existing or proposed facility. Any such sign must advise the public of the permit application, the public hearing on the application, and the opportunity for public comment on the proposal. Such sign must be located in a prominent location(s) viewable by the public and contain sufficient detail in a language or language representative of the residents of the overburdened community as to inform of the application and the method by which the public may obtain information about such proposed application;
vi. Provide notice through other methods identified by the applicant to ensure direct and adequate notice to individuals in the overburdened community including, but not limited to, providing information directly to active community groups or organizations, automated phone, voice, or electronic notice, flyers, and/or utilization of other publications utilized within the overburdened community; and
vii. Invite the Department, municipality or municipalities, and local environmental and environmental justice bodies to participate in the public hearing.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1C - ENVIRONMENTAL JUSTICE › Subchapter 4 - PROCESS FOR MEANINGFUL PUBLIC PARTICIPATION › Section 7:1C-4.2 - Public hearing and comment

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An applicant shall schedule the public hearing, as follows:
1. The hearing must be held in the overburdened community, unless the applicant demonstrates that there is no suitable hearing space in the overburdened community. Where such demonstration is made, the hearing may, subject to the Department's approval, be held in the municipality in which the facility is, or will be, located within as close proximity as possible to the overburdened community and in a manner that facilitates participation of individuals in the overburdened community. If the facility is located in more than one overburdened community, the applicant shall, subject to the Department's approval, propose a central location within close proximity to all affected overburdened communities; and
2. All hearings must be conducted on a week day no earlier than 6:00 P.M. Eastern Standard Time/Eastern Daylight Time. An applicant shall include a virtual component to the in-person public hearing to increase public participation. The virtual component shall be recorded and available online for the public to view after the hearing until at least the close of the public comment period.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1C - ENVIRONMENTAL JUSTICE › Subchapter 4 - PROCESS FOR MEANINGFUL PUBLIC PARTICIPATION › Section 7:1C-4.3 - Post-hearing and comment process

Current through Register Vol. 56, No. 14, July 15, 2024
(a) After the close of public comment, the applicant shall provide to the Department:
1. A written transcript of the public hearing; and
2. A summary of the public comments and the applicant's responses made at the public hearing, and a copy of the comments provided in writing after the public hearing, and the applicant's response to the public comments. The applicant shall indicate in its response how it will address the comments and, as necessary, amend and republish the EJIS.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1C - ENVIRONMENTAL JUSTICE › Subchapter 4 - PROCESS FOR MEANINGFUL PUBLIC PARTICIPATION › Section 7:1C-4.4 - General requirements

Current through Register Vol. 56, No. 14, July 15, 2024
The notice and hearing requirements of this subchapter are in addition to the notice and hearing requirements of any other rule, except that an applicant shall conduct the notice and public hearing required pursuant to N.J.A.C. 7:1C-4.2, concurrent with the Solid Waste Management Plan notice and hearing required pursuant to N.J.S.A. 13:1E-23.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1C - ENVIRONMENTAL JUSTICE › Subchapter 5 - REQUIREMENTS SPECIFIC TO PERMIT APPLICATIONS FOR NEW FACILITIES › Section 7:1C-5.1 - Applicability

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This subchapter sets forth the requirements for an applicant that submits a permit application for a new facility that is proposed to be located, in whole or in part, in an overburdened community that is subject to adverse cumulative stressors or a new facility that cannot demonstrate that it will avoid a disproportionate impact that would occur by creating adverse cumulative stressors in the overburdened community as a result of the facility's contribution.
(b) In preparing an EJIS for a new facility pursuant to N.J.A.C. 7:1C-3, an applicant shall conduct the analysis and provide the information required pursuant to this subchapter.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1C - ENVIRONMENTAL JUSTICE › Subchapter 5 - REQUIREMENTS SPECIFIC TO PERMIT APPLICATIONS FOR NEW FACILITIES › Section 7:1C-5.2 - Avoidance of disproportionate impact

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An applicant that submits a permit application for a new facility that is proposed to be located, in whole or in part, in an overburdened community that is subject to adverse cumulative stressors shall analyze and propose all control measures necessary to avoid facility contributions to all adverse environmental and public health stressors in the overburdened community. Where the control measures proposed by the applicant will prevent a disproportionate impact by avoiding facility contributions to all adverse environmental and public health stressors in the overburdened community, the Department may grant the subject application pursuant to N.J.A.C. 7:1C-9.2(a).
(b) Where the control measures proposed by the applicant cannot avoid a disproportionate impact, the Department shall deny the subject application pursuant to N.J.A.C. 7:1C-9.2(b)1, unless the applicant demonstrates that the proposed facility will serve a compelling public interest in the overburdened community, in accordance with N.J.A.C. 7:1C-5.3.
(c) An applicant seeking to demonstrate that the proposed facility will serve a compelling public interest shall conduct the analysis and provide the information required at N.J.A.C. 7:1C-5.3 and 5.4.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1C - ENVIRONMENTAL JUSTICE › Subchapter 5 - REQUIREMENTS SPECIFIC TO PERMIT APPLICATIONS FOR NEW FACILITIES › Section 7:1C-5.3 - Compelling public interest

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Where a proposed new facility cannot avoid a disproportionate impact, the Department shall deny the subject application pursuant to N.J.A.C. 7:1C-9.2(b)1, unless the applicant demonstrates that the proposed facility will serve a compelling public interest in the overburdened community.
(b) An applicant that seeks approval for a proposed new facility that will serve a compelling public interest in the overburdened community where it is to be located must demonstrate that:
1. The proposed new facility will primarily serve an essential environmental, health, or safety needs of the individuals in an overburdened community;
2. The proposed new facility is necessary to serve the essential environmental, health, or safety needs of the individuals in an overburdened community; and
3. There are no reasonable alternatives that can be sited outside the overburdened community to serve the essential environmental, health, or safety needs of the individuals in an overburdened community.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1C - ENVIRONMENTAL JUSTICE › Subchapter 5 - REQUIREMENTS SPECIFIC TO PERMIT APPLICATIONS FOR NEW FACILITIES › Section 7:1C-5.4 - Control measures

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An applicant for a proposed new major source facility that seeks to demonstrate a compelling public interest, shall propose control measures, in accordance with N.J.A.C. 7:1C-7.1.
(b) For any aspects of a new facility's operations not addressed at (a) above, the applicant shall propose control measures in the following order:
1. All feasible measures to avoid facility contributions to environmental and public health stressors;
2. For any contribution that cannot feasibly be avoided, all feasible onsite measures to minimize facility contributions to environmental and public health stressors;
3. All feasible offsite measures within the overburdened community to reduce environmental and public health stressors to which the facility will contribute;
4. All feasible offsite measures within the overburdened community to reduce adverse environmental and public health stressors to which the facility will not contribute, with preference for the reduction of stressors from highest to lowest percentile in relation to the geographic point of comparison; and
5. All feasible offsite measures within the overburdened community to provide a net environmental benefit in the overburdened community.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1C - ENVIRONMENTAL JUSTICE › Subchapter 6 - REQUIREMENTS SPECIFIC TO PERMIT APPLICATIONS FOR FACILITY EXPANSIONS › Section 7:1C-6.1 - Applicability

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This subchapter sets forth the requirements for an applicant that submits a permit application for an expanded facility located, in whole or in part, in an overburdened community that is subject to adverse cumulative stressors or a facility expansion that cannot demonstrate that it will avoid a disproportionate impact that would occur by creating adverse cumulative stressors in the overburdened community as a result of the facility's contribution.
(b) In preparing an EJIS for an expanded facility pursuant to N.J.A.C. 7:1C-3, an applicant shall conduct the analysis and provide the information required pursuant to this subchapter.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1C - ENVIRONMENTAL JUSTICE › Subchapter 6 - REQUIREMENTS SPECIFIC TO PERMIT APPLICATIONS FOR FACILITY EXPANSIONS › Section 7:1C-6.2 - Avoidance of disproportionate impact

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An applicant that submits a permit application for an expanded facility that is proposed to be located, in whole or in part, in an overburdened community that is subject to adverse cumulative stressors shall analyze and propose all control measures necessary to avoid facility contributions to all adverse environmental and public health stressors in the overburdened community. Where the control measures proposed by the applicant will prevent a disproportionate impact by avoiding facility contributions to all adverse environmental and public health stressors in the overburdened community, the Department may grant the subject application pursuant to N.J.A.C. 7:1C-9.2(a).
(b) Where the control measures proposed by the applicant cannot avoid a disproportionate impact, the Department shall impose conditions, in accordance with N.J.A.C. 7:1C-9.2(b)2.
(c) An applicant seeking approval for an expanded facility where a disproportionate impact is present shall conduct the analysis and provide the information required pursuant to N.J.A.C. 7:1C-6.3.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1C - ENVIRONMENTAL JUSTICE › Subchapter 6 - REQUIREMENTS SPECIFIC TO PERMIT APPLICATIONS FOR FACILITY EXPANSIONS › Section 7:1C-6.3 - Control measures

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An applicant for an expanded major source facility shall propose control measures in accordance with N.J.A.C. 7:1C-7.1.
(b) For any aspects of any other expanded facility's operations not addressed at (a) above, the applicant shall propose control measures in the following order:
1. All feasible measures to avoid facility contributions to environmental and public health stressors;
2. For any contribution that cannot feasibly be avoided, all feasible onsite measures to minimize facility contributions to environmental and public health stressors;
3. All feasible offsite measures within the overburdened community to reduce environmental and public health stressors to which the facility will contribute;
4. All feasible offsite measures within the overburdened community to reduce adverse environmental and public health stressors to which the facility will not contribute, with preference for the reduction of stressors from highest to lowest percentile in relation to the geographic point of comparison; and
5. All feasible offsite measures within the overburdened community to provide a net environmental benefit in the overburdened community.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1C - ENVIRONMENTAL JUSTICE › Subchapter 7 - LOCALIZED IMPACT CONTROL TECHNOLOGY FOR NEW OR EXPANDED MAJOR SOURCE FACILITIES › Section 7:1C-7.1 - Localized impact control technology for new or expanded major source facilities

Current through Register Vol. 56, No. 14, July 15, 2024
(a) For a new major source facility that serves a compelling public interest pursuant to N.J.A.C. 7:1C-4.1, or an expansion of an existing major source facility, if an application proposes construction, installation, reconstruction, or modification of equipment and control apparatus that is a significant source operation, as defined at N.J.A.C. 7:27-8.1, meeting the following criteria, the applicant shall document Localized Impact Control Technology (LICT) for the source:
1. The facility has a potential to emit any HAP at a rate equal to or greater than the SOTA Threshold at N.J.A.C. 7:27-17.9.
2. The facility has a potential to emit carbon monoxide, nitrogen oxide, inhalable particles with diameters that are generally 10 micrometers and smaller, fine inhalable particles with diameters that are generally 2.5 micrometers and smaller, sulfur dioxide, trisodium phosphate, total volatile organic compounds, or any other air contaminant or category of air contaminant not covered at (a)1 above at a rate individually equal to or greater than the five tons per year.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1C - ENVIRONMENTAL JUSTICE › Subchapter 8 - REQUIREMENTS SPECIFIC TO RENEWAL APPLICATIONS FOR MAJOR SOURCE FACILITIES › Section 7:1C-8.1 - Applicability

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This subchapter sets forth the requirements for an applicant for a permit for a major facility, as defined at N.J.A.C. 7:27-22.1, that submits an application for a renewal of its operating permit required pursuant to N.J.A.C. 7:27-22 and is located in an overburdened community that is subject to adverse cumulative stressors or cannot demonstrate that it will avoid a disproportionate impact that would occur by creating adverse cumulative stressors in the overburdened community as a result of the facility's contribution.
(b) In preparing an EJIS for the renewal of an existing major source permit pursuant to N.J.A.C. 7:1C-3, an applicant shall conduct the analysis and provide the information required pursuant to this subchapter.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1C - ENVIRONMENTAL JUSTICE › Subchapter 8 - REQUIREMENTS SPECIFIC TO RENEWAL APPLICATIONS FOR MAJOR SOURCE FACILITIES › Section 7:1C-8.2 - Avoidance of disproportionate impact

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In addition to the analysis and measures required at N.J.A.C. 7:1C-8.3, 8.4, and 8.5, an applicant that submits a permit application for the renewal of an existing major source permit that is to be located, in whole or in part, in an overburdened community that is subject to adverse cumulative stressors shall analyze and propose feasible control measures necessary to avoid facility contributions to all adverse environmental and public health stressors in the overburdened community. Where the control measures proposed by the applicant will prevent a disproportionate impact by avoiding facility contributions to all adverse environmental and public health stressors in the overburdened community, the Department may grant the subject application pursuant to N.J.A.C. 7:1C-9.2(a).
(b) Where the control measures proposed by the applicant cannot avoid a disproportionate impact, the Department shall impose conditions in accordance with N.J.A.C. 7:1C-9.2(b)2.
(c) An applicant seeking the renewal of a major source facility permit, where a disproportionate impact is present, shall conduct the analysis and provide the information required pursuant to N.J.A.C. 7:1C-8.3, 8.4, 8.5, and 8.6.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1C - ENVIRONMENTAL JUSTICE › Subchapter 8 - REQUIREMENTS SPECIFIC TO RENEWAL APPLICATIONS FOR MAJOR SOURCE FACILITIES › Section 7:1C-8.3 - General requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An applicant for a major facility permit renewal subject to this subchapter shall include the following in its environmental justice impact statement, as applicable:
1. A facility-wide risk assessment, pursuant to N.J.A.C. 7:1C-8.4, unless:
i. The applicant or designated responsible corporate official certifies that:
(1) The applicant submitted a facility-wide risk assessment, as part of its application for its current effective operating permit;
(2) The Department approved the facility-wide risk assessment; and
(3) No new information or change in use or operation at the facility occurred since the Department approved the facility-wide risk assessment; and
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1C - ENVIRONMENTAL JUSTICE › Subchapter 8 - REQUIREMENTS SPECIFIC TO RENEWAL APPLICATIONS FOR MAJOR SOURCE FACILITIES › Section 7:1C-8.4 - Facility-wide risk assessment

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An applicant of a major facility permit renewal subject to this subchapter shall submit a facility-wide risk assessment that evaluates existing source operations and includes each source operation's emission rates of hazardous air pollutants (HAP) and toxic substances that exceed the reporting thresholds at N.J.A.C. 7:27-17.9(a).
(b) The applicant shall conduct the facility-wide risk assessment in accordance with a protocol approved in advance by the Department. The Department will not approve a protocol unless it takes all relevant site-specific and general factors into account. These factors include, but are not limited to, a land use analysis, proper consideration of topography, a good engineering practice stack height analysis, use of the most recent version of the USEPA-approved models, identification of the most appropriate meteorological data, and consideration of all relevant averaging times. The protocol shall document how the applicant proposes to conduct the facility-wide risk assessment, and how the results will be presented to the Department. Technical guidance on the preparation of a protocol can be found in the Air Quality Permitting Program's Technical Manual 1002 (Guidance on Preparing an Air Quality Modeling Protocol) and Technical Manual 1003 (Guidance on Preparing a Risk Assessment for Air Contaminant Emissions) available on the Department's website at
http://www.nj.gov/dep/aqpp/techman.html
.
(c) If the outcome of the facility-wide risk assessment is above a negligible level pursuant to Technical Manual 1003, then the applicant shall submit a plan to lower the risk to a negligible level as part of its EJIS in accordance with N.J.A.C. 7:1C-2. The plan may include measures, such as applying better air pollution controls to lower emissions, modifying stack parameters to increase dispersion, and/or implementing applicable risk minimization strategies to reduce risk in the overburdened community.
(d) If the facility's proposed plan does not lower risk to a negligible level, the Department will include conditions in its decision that are necessary to reduce risk in the overburdened community.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1C - ENVIRONMENTAL JUSTICE › Subchapter 8 - REQUIREMENTS SPECIFIC TO RENEWAL APPLICATIONS FOR MAJOR SOURCE FACILITIES › Section 7:1C-8.5 - Technical feasibility analysis

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An applicant for a major facility permit renewal subject to this subchapter shall submit a technical feasibility analysis if the facility's current effective operating permit includes any equipment or control apparatus that meets the following:
1. The equipment or control apparatus was installed at least 20 years prior to the expiration date of its current effective operating permit;
2. The equipment or control apparatus was not subject to review under this subchapter in the 15 years prior to the expiration date of its current effective operating permit; and
3. The total emissions of any of the pollutants listed below from all equipment or control apparatus that meet the criteria at (a)1 and 2 above, comprise at least 20 percent of the facility's overall potential to emit that pollutant. All emissions shall be calculated based on potential to emit:
i. Fine particulate matter (PM2.5);
ii. Nitrogen oxides; and
iii. Volatile organic compounds.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1C - ENVIRONMENTAL JUSTICE › Subchapter 8 - REQUIREMENTS SPECIFIC TO RENEWAL APPLICATIONS FOR MAJOR SOURCE FACILITIES › Section 7:1C-8.6 - Control measures

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An applicant seeking renewal of an existing facility's major source permit shall propose control measures in accordance with N.J.A.C. 7:1C-8.3, 8.4, and 8.5.
(b) For any aspects of the existing major source facility's operations not addressed at (a) above, the applicant shall propose control measures in the following order:
1. All feasible measures to avoid facility contributions to environmental and public health stressors; and
2. For any contribution that cannot feasibly be avoided, all feasible onsite measures to minimize facility contributions to environmental and public health stressors.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1C - ENVIRONMENTAL JUSTICE › Subchapter 9 - DEPARTMENT REVIEW AND DECISION › Section 7:1C-9.1 - Department review

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Following the completion of the public participation process at N.J.A.C. 7:1C-4, the Department shall consider the EJIS and any supplemental information, testimony, written comments, the applicant's response to comments, and any other information deemed relevant by the Department to evaluate its decision pursuant to this chapter.
(b) In issuing its decision pursuant to N.J.A.C. 7:1C-9.2, the Department shall:
1. Determine whether the facility will avoid a disproportionate impact to an overburdened community;
2. Evaluate and determine the feasibility of conditions on the construction or operation of the facility in accordance with the requirements at N.J.A.C. 7:1C-5, 6, and 8 and such evaluation shall not be limited to those conditions proposed by the applicant;
3. Evaluate conditions on the construction or operation of the facility in accordance with the requirements at N.J.A.C. 7:1C-7, which evaluation shall not be limited to those conditions proposed by the applicant; and
4. Impose conditions selected by the Department after being evaluated pursuant to (b)2 and 3 above, on the construction or operation of the facility.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1C - ENVIRONMENTAL JUSTICE › Subchapter 9 - DEPARTMENT REVIEW AND DECISION › Section 7:1C-9.2 - Department decision

Current through Register Vol. 56, No. 14, July 15, 2024
(a) If the Department determines that the facility will avoid a disproportionate impact, the Department shall authorize the applicant to proceed with the imposition of conditions set by the Department as necessary to ensure a disproportionate impact is avoided.
(b) If the Department determines that the facility cannot avoid a disproportionate impact, it shall:
1. For new facilities:
i. Deny the application; or
ii. Find that the facility will serve a compelling public interest pursuant to N.J.A.C. 7:1C-5.3 in the overburdened community and authorize the applicant to proceed with the imposition of conditions set by the Department as necessary to avoid or minimize contributions to adverse environmental and public health stressors, reduce adverse environmental and public health stressors, and/or provide a net environmental benefit in the overburdened community;
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1C - ENVIRONMENTAL JUSTICE › Subchapter 9 - DEPARTMENT REVIEW AND DECISION › Section 7:1C-9.3 - Form and timing of decision

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department shall issue its decision, in writing, with a summary of facts, the Department's analysis, and identification of any conditions set by the Department that will be incorporated into any subsequently issued Departmental permits for the facility. The Department's decision shall constitute a final agency decision and shall be incorporated into any related permitting decisions.
(b) The Department may determine that its decision pursuant to this subchapter satisfies the requirements of this chapter for subsequent Department permits for the facility required to be listed pursuant to N.J.A.C. 7:1C-3.2(a)4  and identified in the Department-authorized EJIS, provided the permit applications are submitted to the Department within five years of the date of the decision and there is no material change to the facility. Any such permits shall be listed in the decision.
(c) In accordance with N.J.S.A. 13:1D-160.b, and notwithstanding the provisions at N.J.S.A. 13:1D-29 et seq., or any other law, rule, or regulation adopted pursuant thereto, to the contrary, the Department shall not issue a decision pursuant to this chapter until at least 45 days after the public hearing held pursuant to N.J.A.C. 7:1C-4.
(d) The Department shall not consider complete for review, any permit application for a facility subject to the requirements of this chapter prior to the issuance of a decision.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1C - ENVIRONMENTAL JUSTICE › Subchapter 9 - DEPARTMENT REVIEW AND DECISION › Section 7:1C-9.4 - Violation of permit conditions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any violation of the conditions imposed pursuant to this chapter shall, as applicable, be considered non-minor violations or aggravating circumstances, or the equivalent, under any other Department rules applicable to the facility.
(b) Any violation of the conditions imposed pursuant to this chapter shall constitute grounds for suspension or revocation, in accordance with N.J.S.A. 13:1B-3 and 13:1D, or the underlying permitting authorities of any Department-issued permits.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1C - ENVIRONMENTAL JUSTICE › Subchapter 9 - DEPARTMENT REVIEW AND DECISION › Section 7:1C-9.5 - Procedure to request an adjudicatory hearing; decision on the request; effect of request

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This section sets forth the process by which a person may request an adjudicatory hearing to contest a Department decision pursuant to this chapter.
(b) To contest a Department decision pursuant to this chapter, a person shall submit an adjudicatory hearing request within 30 calendar days of issuance. If a person submits the adjudicatory hearing request after this time, the Department shall deny the request.
(c) A person requesting an adjudicatory hearing shall provide the following information on an adjudicatory hearing request form, available from the Department:
1. The name, address, daytime telephone number, fax number, and email address of the person requesting the hearing, and of the person's authorized representative;
2. A copy of the Department decision on which a hearing is being requested;
3. The date that the Department decision on which a hearing is being requested was received by the person requesting the hearing;
4. A specific admission, denial, or explanation of each fact appearing in the Department decision, or a statement that the person is without knowledge thereof;
5. A concise statement of the facts or principles of law asserted to constitute any factual or legal defense; and
6. Where the person submitting the hearing request is not the person to whom the decision that is being contested was issued, evidence that a copy of the hearing request has been mailed or delivered to the person to whom the decision was issued.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1C - ENVIRONMENTAL JUSTICE › Subchapter 10 - FEES › Section 7:1C-10.1 - Applicability

Current through Register Vol. 56, No. 14, July 15, 2024
An applicant who submits an application for an individual permit for a new or expanded facility, or the renewal of an existing major source permit, located, or proposed to be located, in whole or in part, in an overburdened community shall remit a fee to the Department, in accordance with this subchapter.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1C - ENVIRONMENTAL JUSTICE › Subchapter 10 - FEES › Section 7:1C-10.2 - Payment of fees

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Fees for activities related to environmental justice review shall be paid in U.S. dollars by certified check, government purchase order or check, or money order, payable to "Treasurer, State of New Jersey," and mailed or hand-delivered to the following address, unless the Department authorizes some other means of payment:
New Jersey Department of Environmental Protection
Office of Permitting and Project Navigation
PO Box 420
401 East State Street
Trenton, NJ 08625-0420
(b) The Department may refrain from commencing work on activities related to environmental justice review until the Department receives full payment of such fee. If the Department has commenced work on the service, the Department may suspend such work until it receives full payment of such fee.
(c) The Department shall not issue a decision pursuant to N.J.A.C. 7:1C-9, unless the fee required pursuant to this subchapter is paid in full.
(d) Any fee pursuant to this subchapter that is subject to N.J.A.C. 7:1L shall be payable in installments, in accordance with N.J.A.C. 7:1L.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1C - ENVIRONMENTAL JUSTICE › Subchapter 10 - FEES › Section 7:1C-10.3 - Fee calculation

Current through Register Vol. 56, No. 14, July 15, 2024
(a) By December 1 of the first full year after April 17, 2023, the Department shall calculate base EJIS submission fees for the upcoming fiscal year (July 1 through June 30), as follows:
1. The Department shall determine its EJIS review budget by determining the dollar amount needed to accomplish all tasks associated with administering the EJIS Review, including costs to provide technical assistance to permit applicants and overburdened communities as needed to comply with this chapter. The Department shall not include in its EJIS Review budget any costs associated with any other program areas within the Department's Environmental Justice Program that is funded by a source outside of the EJIS Review budget. The result shall be the total amount of revenue that is to be collected through EJIS submission fees.
2. The Department shall calculate the EJIS submission fee by dividing the EJIS review revenue calculated pursuant to (a) above by the number of EJIS submissions received by the Department in the prior calendar year.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1D - GENERAL PRACTICE AND PROCEDURE › Subchapter 1 - PETITIONS FOR RULES › Section 7:1D-1.1 - Procedure to petition for a rule

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Unless otherwise provided in Title 7 of the New Jersey Administrative Code, this section shall constitute the Department of Environmental Protection's rules regarding the disposition of all requests for rulemaking pursuant to N.J.S.A. 52:14B-4(f).
(b) Any interested person may petition the Department of Environmental Protection to promulgate, amend or repeal any rule of the Department of Environmental Protection. Such petition must be in writing, signed by the petitioner, and must state clearly and concisely:
1. The full name and address of the petitioner;
2. The substance or nature of the rulemaking which is requested. The petitioner may provide the text of the requested proposed rule;
3. The reasons for the request;
4. The petitioner's interest in the request, including any relevant organization affiliation or economic interest;
5. The statutory authority under which the Department of Environmental Protection may take the requested action; and
6. Existing Federal or State statutes and rules which the petitioner believes may be pertinent to the request.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1D - GENERAL PRACTICE AND PROCEDURE › Subchapter 2 - DEBARMENT, SUSPENSION, AND DISQUALIFICATION FROM DEPARTMENT CONTRACTING › Section 7:1D-2.1 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise.
"Affiliates" means persons having an overt or covert relationship such that any one of them directly or indirectly controls or has the power to control another.
"Commissioner" means the Commissioner of the Department of Environmental Protection.
"Debarment" means an exclusion from contracting, on the basis of a lack of responsibility evidenced by an offense, failure, or inadequacy of performance, for a reasonable period of time commensurate with the seriousness of the offense, failure or inadequacy of performance.
"Department" means the Department of Environmental Protection.
"DEP contracting" means any arrangement giving rise to an obligation to supply any thing to or perform any service for the Department of Environmental Protection, other than by virtue of State employment, or to supply any thing to or perform any service for a private person where the DEP provides substantial financial assistance and retains the right to approve or disapprove the nature or quality of the goods or service or the persons who may supply or perform the same.
"Disqualification" means a debarment or a suspension which denies or revokes a qualification to bid or otherwise engage in DEP contracting which has been granted or applied for pursuant to statute, or rules and regulations.
"Person" means any natural person, company, firm association, corporation, or other entity.
"State" means the State of New Jersey, or any of the departments or agencies in the executive branch of government with the lawful authority to engage in contracting.
"Suspension" means an exclusion from DEP contracting for a temporary period of time, pending the completion of an investigation of legal proceedings.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1D - GENERAL PRACTICE AND PROCEDURE › Subchapter 2 - DEBARMENT, SUSPENSION, AND DISQUALIFICATION FROM DEPARTMENT CONTRACTING › Section 7:1D-2.2 - Causes for debarment

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department of Environmental Protection shall debar a person in the public interest for any of the following causes:
1. Commission of a criminal offense as an incident to obtaining or attempting to obtain a public or private contract, or subcontract thereunder, or in the performance of such contract or subcontract;
2. Violation of the Federal Organized Crime Control Act of 1970, or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, perjury, false swearing, receiving stolen property, obstruction of justice, or any other offense indicating a lack of business integrity or honesty;
3. Violation of the Federal or State antitrust statutes, or of the Federal Anti-Kickback Act ( 18 U.S.C. 874, 40 U.S.C. 276 b, c);
4. Violations of any of the laws governing the conduct of elections of the State of New Jersey or of its political subdivisions;
5. Violation of the Law Against Discrimination ( P.L. 1945, c.169, C.10:5-1 et seq., as supplemented by P.L. 1975, c.127), or of the act banning discrimination by industries engaged in defense work in the employment of persons therein (C.114, L.1942, C.10:1-10 et seq.);
6. Violations of any laws governing hours of labor, minimum wage standards, prevailing wage standards, discrimination in wages, or child labor;
7. Violations of any laws governing the conduct of occupations or professions or regulated industries;
8. Willful failure to perform in accordance with contract specifications or within contractual time limits;
9. A record of failure to perform or of unsatisfactory performance in accordance with the terms of one or more contracts, provided that such failure or unsatisfactory performance has occurred within a reasonable time preceding the determination to debar and was caused by acts within the control of the person debarred;
10. Violation of contractual or statutory provisions regulating contingent fees;
11. Any other cause affecting responsibility as a State contractor of such serious and compelling nature as may be determined by the department to warrant debarment, including such conduct as may be prescribed by the laws or contracts enumerated in this paragraph even if such conduct has not been or may not be prosecuted as violations of such laws or contracts;
12. Debarment by some other department or agency in the executive branch.