N.J. Admin. Code § 7:26G-12.2

Current through Register Vol. 56, No. 23, December 2, 2024

Section 7:26G-12.2 - Environmental and Health Impact Statement

(a) Certain applicants shall be required to submit an Environmental and Health Impact Statement (EHIS) in addition to Parts A and B of the permit application in accordance with the provisions set out in this section.

(b) Applicants for the following shall submit an EHIS in all cases:

1. An initial permit issued pursuant to this subchapter for a new commercial hazardous waste facility; and

2. Authorization to construct and operate a hazardous waste incinerator or hazardous waste land disposal unit at a hazardous waste facility where no such hazardous waste management unit is presently authorized.

(c) Applicants for the following may be required in accordance with (d) and (e) below to submit an EHIS:

1. An initial permit issued pursuant to this subchapter for a new non-commercial hazardous waste facility;

2. An initial permit issued pursuant to this subchapter to an existing hazardous waste facility; or

3. A modification or revocation and reissuance or renewal of a permit pursuant to this subchapter.

(d) Whether or not an EHIS is required with the submission of an application for the permit or changes listed in (c) above shall be determined by the Department on a case by case basis, whenever a change to authorized hazardous waste management practices may change or increase the danger to human health and the environment. Such cases are as follows:

1. Addition of waste types;

2. Increase in capacity of a hazardous waste management unit;

3. Alteration of operating conditions of a hazardous waste management unit; or

4. Addition of hazardous waste management units, including replacement of existing hazardous waste management units.

(e) The Department shall apply the following criteria to the proposed changes (to facility operation to) determine whether the changes will increase or change the nature of the risk to human health and the environment. If the Department finds that this is so, an Environmental and Health Impact Statement shall be required.

1. Dissimilarity between proposed waste types and present waste types;

2. Magnitude of facility-wide volume and capacity increases;

3. Magnitude of facility-wide waste throughput increases;

4. Relative risks posed by the proposed changes;

5. Location of the existing facility and nearby land use;

6. Nature of the existing facility;

7. Scale of new construction proposed;

8. Potential for increased transportation impacts;

9. Nature and scale of additional construction and structure usages at other than hazardous waste management units;

10. Environmental sensitivity of the land involved;

11. Existing site conditions;

12. Magnitude of facility-wide emissions increases;

13. Any circumstances peculiar to the facility.

(f) Applicants shall not be required to submit an EHIS in the following cases:

1. The applicant is seeking an initial permit issued pursuant to this subchapter for an existing hazardous waste facility, if no changes in authorized hazardous waste management practices are proposed;

2. The applicant is seeking permit revocation and reissuance or permit renewal for a permitted hazardous waste facility, if no changes in authorized hazardous waste management practices are proposed; or

3. The facility is an on-site pre-treatment facility which is directly connected to an industrial process and which is constructed pursuant to 40 C.F.R. 403 or 58:11-49 et seq.

(g) The Environmental and Health Impact Statement shall include:

1. An Executive Summary which shall briefly describe the proposed facility, any significant associated positive and negative impacts and any mitigative measures which will be utilized to minimize or eliminate such negative impacts, issues of major concern, matters to be decided and major conclusions;

2. A Description of the Proposed Facility, including:

i. The proposed facility owner and operator;

ii. An explanation of the purpose of the proposed facility, which shall include a description of the products or services being provided and a list of benefits to be realized by the owner, the community in which the facility is to be located, and the surrounding communities;

iii. An identification of the waste streams which the proposed facility will accept;

iv. A time schedule for the development and start-up of the proposed facility including anticipated completion dates for major phases of construction; and

v. A narrative statement of the types of the existing and proposed hazardous waste management systems at the site. A discussion of the following shall also be included:

(1) The types, capacities and number of units of the processing equipment to be utilized and their relationship to the overall operation; and

(2) The daily handling capacity of the overall facility and the anticipated operating time in hours per day and days per week;

vi. A narrative description of the proposed site location including history of site use;

vii. A site plan including a scale drawing showing location of all past, present, and future hazardous waste management areas;

viii. A description of post-closure care of the site after termination of operations, as applicable;

ix. A discussion of the proposed project's compatibility with state hazardous waste management planning; and

x. A list and status report on all Federal, State, county and local licenses, permits and certifications necessary for the proposed facility;

3. A Description of the Environmental Setting, including;

i. A detailed written description of the municipal and neighborhood setting of the proposed facility. The site location shall also be identified by the following:

(1) An 8 1/2 inch x 11 inch copy of the key map plotted on a seven and one-half minute Unites States Geological Survey topographical quadrangle. The quadrangle shall be the most recent revision available, shall include the name of the quadrangle and shall delineate a minimum of three miles from the perimeter of the proposed facility boundaries. One or more maps may be utilized where necessary to ensure clarity of the information submitted. The key map shall depict the following:

(A) All surface waters, coastal zone areas as defined in 13:19-1 et seq.; wetlands as defined in 13:9A-1 et seq.; water supply wells and reservoirs; FW-1 and FW-2 Trout Production waters as defined in N.J.A.C. 7:9-4; wild, scenic, recreational or developed recreational rivers designated pursuant to the Natural Wild and Scenic River Act 16 U.S.C. §§ 1271 et seq., or the New Jersey Wild and Scenic River Act, 13:8-45 et seq., and all 100 year floodway and flood hazard areas as delineated in N.J.A.C. 7:13;

(B) General zoning designations within one mile of the perimeter of the proposed facility's boundary;

(C) All main service corridors, transportation routes and main access roads that will be used as routes of traffic flow; and

(D) All airports and runways;

(2) An 8 1/2 inch x 11 inch copy of the vicinity map having a minimum scale of one inch equals 400 feet (one inch equals 400 feet) with contour intervals shown at 20 foot intervals. The vicinity map shall delineate an area of one mile from the perimeter of the property line of the proposed facility. Contour elevations and vertical and horizontal locations shall be based on the National Geodetic Vertical Datum 1929 (Mean Sea Level Datum 1929) and keyed into the New Jersey Plan Coordinate Datum 1927. One or more vicinity maps may be utilized to ensure clarity of the information submitted. The vicinity maps may be an enlargement of a United States Geological Survey topographical quadrangle or a recent aerial photograph. The vicinity map shall depict the following:

(A) All buildings and structures including the layout of the buildings which will comprise the proposed facility;

(B) The boundaries of the proposed facility;

(C) The limits of the actual waste operations within the boundaries of the proposed facility;

(D) Lots and blocks taken from the tax map for the site of the proposed facility and all contiguous properties;

(E) The specific local zoning designation within 1,000 feet of the perimeter of the proposed facility's boundary, and

(F) The location of all existing and proposed utility lines, pipelines or other utility structures which will be connected to the facility;

ii. An environmental inventory, prepared in detail for the site specific conditions and, unless otherwise specified herein, a general description for a minimum area of one mile from the perimeter of the proposed facility's property lines, described existing conditions for each of the following categories:

(1) Category I, the physical/chemical category, requires the following parameter descriptions:

(A) Describe the physical geology by identifying major characteristics of the formations present, including, but not limited to, thickness, lithology, structural features, degree of weathering and amount of over burden. The description of the site specific geology shall include, but not be limited to, the general engineering properties and indexes and, where applicable, the quality of the subsurface soils. Provide a copy of the geologic map based on published or unpublished material and mapping available from the United States Geological Survey and New Jersey Geologic Survey or unpublished mapping acceptable to the New Jersey Geologic Survey depicting the area within one mile from the perimeter of the facility;

(B) Describe the soils by identifying major soil types and their characteristics including, but not limited to, drainage, erosion potential and sedimentation potential. Information shall be based on U.S. Soil Conservation Service Surveys. The description of the site specific soils shall include, but not be limited to, the texture and thickness of each horizon, observed mottling, taxonomic classification and, where applicable, the quality of the surface soils. Provide a copy of the soils map published by the United States Department of Agriculture, Soil Conservation Service, depicting the site of the proposed facility and the area within one half mile from the perimeter of the facility;

(C) Describe the subsurface hydrology by presenting groundwater quantity and quality data for the aquifers located beneath the site, including, but not limited to, depth to groundwater during seasonal high and low flow, flow direction, existing uses and future supply capabilities;

(D) For water bodies which directly abut the site, exist on the site, or drain directly onto or off the site, provide detailed water quantity and quality data. Such data shall include, but not be limited to, flow rates, current uses and supply capabilities, dissolved oxygen (D.O.), biochemical oxygen demand (B.O.D.), total organic carbon, (T.O.C.) total suspended solids (T.S.S.) and general temperature regime. Identify also all existing water classifications, designated uses and limitations of the surface water bodies in accordance with N.J.A.C. 7:9-4;

(E) For upstream tributaries of bodies of water which flow onto the site, and downstream tributaries of bodies which flow from the site, identify all existing water classifications, designated uses and limitations of the surface water bodies, in accordance with N.J.A.C. 7:9-4. Provide also a narrative description of the factors influencing the water quality in such bodies, including but not limited to major permitted discharges, tributaries or confluences with other bodies, etc. Information required by this subsection shall be provided for a distance of one mile from the site boundary;

(F) For all water bodies not named in 3ii(1)(D) and (E) above, identify all existing water classifications, designated uses and limitations of the surface water, in accordance with N.J.A.C. 7:9-4;

(G) Provide documentation that the proposed facility will not be inconsistent with any facility or area wide water quality management plan developed pursuant to the Water Quality Planning Act, 58:11A-1 et seq.;

(H) Describe the topography by presenting contour data, drainage patterns and 100 year floodway and flood hazard areas delineations pursuant to the Flood Hazard Area Control Act, 58:16A-50 et seq., or areas identified pursuant to and based upon the most current Federal Flood Emergency Management Act (F.E.M.A.) maps and data;

(I) Describe the climate by presenting site specific data for wind direction, velocity and frequency, average annual and monthly precipitation and temperature. Unless specifically required to be otherwise obtained from the nearest National Oceanographic and Atmospheric Administration (N.O.A.A.) sanctioned station:

(J) Describe the ambient air quality by presenting data for existing concentrations of the National Ambient Air Quality Standard pollutants and provide a demonstration that the proposed facility will be consistent with air quality requirements established by the Department. Unless specifically required to be otherwise obtained by the Department, ambient air quality data may be obtained from the nearest State operated monitoring station; and

(K) Describe the ambient acoustical conditions by providing day and night noise levels measured at the boundaries of the proposed site. Identify sources of impulsive and continuous noise.

(2) Category II, the biological/ecological category, requires the following parameter descriptions:

(A) Characterize the site and an area within one mile radius from the site boundary, with respect to major plant association (for example, mixed hardwood forest, old field successional, etc.). Delineate different associations present in a mapped format. Identify major dominant and minor species present in each plant association present. Provide estimates of the proportions of each;

(B) For game and non-game mammals, and for an area which includes the site and area within one mile radius from the site boundary, describe utilization by identifying species and estimating populations utilizing these areas for year-round, breeding, wintering and migratory purposes. Relate utilization of areas for these purposes to the plant associations described in (g)3ii(2)(A) above;

(C) For game and non-game birds, and for an area which includes the site and an area within one mile radius from the site boundary, describe utilization by identifying species and estimating populations utilizing these areas for year-round, breeding, wintering and migratory purposes. Relate utilization of areas for these purposes to the plant associations described in (g)3ii(2)(A) above;

(D) For reptiles and amphibians, for those water bodies listed in (g)3ii(1)(D) and (E) above, and for an area within one-quarter mile radius from the site boundary, describe utilization by identifying species and estimating populations utilizing these areas for year-round, breeding, wintering and migratory purposes. Relate utilization of areas for these purposes to the plant associations described in (g)3ii(a)(A) above;

(E) For fish, for all water bodies listed in (g)3ii(1)(D) and (E) above, and all water bodies within one-quarter mile of the site boundary, describe utilization by identifying species and estimating populations utilizing the site for year-round, breeding, wintering and migratory purposes;

(F) Describe the plant or animal species on the Federal and State endangered, threatened or rare plant or animal species lists and identify, in a mapped format, the extent of utilization by such species, if present. Quantify the amount of habitat at the site for each such species and the corresponding carrying capacity for each species. Evaluate applicable breeding, wintering and migratory patterns when identifying species utilization;

(G) Identify by mapping any unique, critical or unusual habitat including, but not limited to, wetlands, prime agricultural lands, steep slopes of greater than 15 percent, riparian lands, coastal zones or other areas as may be specified by the Department;

(H) Present a description of site visits actually undertaken to evaluate the site ecosystem. This description should include the date, duration of the visit, weather conditions, individuals present to conduct the study, parameters being studied and a copy of studies prepared in connection with preparation of the environmental inventory; and

(I) Describe the methodologies utilized to evaluate the biotic community and present a bibliography of all research materials utilized in the preparation of the environmental inventory. The description of the methodologies utilized shall be sufficient to permit an independent expert to form an opinion as to the scientific justification and integrity of the selected methodology.

(3) Category III, the cultural category, requires the following parameter descriptions:

(A) Describe recreational activities by identifying areas known to be used for such activities as hunting, fishing, trapping, boating, swimming, tourism, camping, nature photography and bird watching. Identify designated parks, forests and wildlife management areas, natural areas and other publicly or privately owned lands designated for open space or recreational activities;

(B) Describe the aesthetics by identifying surrounding architecture, open space areas and scenic areas; and

(C) Describe the areas of historical or archeological importance.

(4) Category IV, the socioeconomic category, requires the following parameter descriptions:

(A) Describe the transportation facilities by identifying the network which will service the proposed facility, site access capability, and existing traffic flow patterns expressed in terms of daily peak hour volumes, off peak hour volumes, levels of service and average daily number of trips. Identify any proposed local, county, or State Department of Transportation traffic engineering plans for the network identified;

(B) Describe the sewage facilities by identifying the type of treatment system available, its existing treatment capacity, collection system capacity, average and peak flow data, and current committed capacity for treatment and collection system;

(C) Describe the stormwater management system by identifying the type of collection and treatment system available, and current collection and treatment capacity and utilization;

(D) Describe the water supply by identifying the water supply system, water sources, level and type of existing pre-treatment, capacity of the distribution system, current commitment of capacity, availability of additional supply, and peak and average demands;

(E) Describe the energy supply system on-site or immediately available to the site by identifying existing power lines or pipelines, current commitment of capacity, their capability of supplying energy to the proposed facility;

(F) Describe the demography of the area by providing existing population totals and describing present and projected future population and trends for the area within which the facility will be located. State, county or local government sources may be used for all demographic data;

(G) Describe property values within the immediate neighborhood with respect to median sales prices and recent (1-2 year) trends and provide a general description of the property values of the municipality within which the proposed facility will be located and all municipalities within one half mile of the proposed facility. The descriptions shall include such factors as zoning changes, development patterns, development approvals, etc. which can affect property values. The description of property values in the immediate area of the facility shall be sufficiently detailed to allow assessment of the effect construction and operation of the facility may have on such values;

(H) Describe public services available by identifying current local law enforcement, fire protection and health protection capabilities of the municipality in which the proposed facility will be located; and

(I) Describe the type and map the location of community and residential dwellings such as hospitals, nursing homes, food processing centers, playgrounds, parks, schools and residences.

4. A discussion of the relationship of the proposed action to Federal, State, county, and local land-use plans, policies and controls and environmental regulations. The discussion shall include the following:

i. A description of present land use for the site of the proposed facility and the area within two miles of the perimeter of the facility property line. Include a map or maps illustrating zoning designations and a chart setting forth use restrictions.

ii. A description of how the project will conform or conflict with the objectives of any applicable Federal, State or local land use and environmental requirements including, but not limited to, flood hazard areas; areas designated as wild, scenic, recreational or developed recreational rivers; critical habitat of endangered or threatened species of plants, fish or wildlife; wetlands, tidelands and coastal zone areas; Pinelands; nonattainment areas; areas subject to the prevention of significant deterioration; areas which may impact the acoustical quality of residential and commercial properties; areas which may significantly impact water quality; agricultural lands; watershed areas; aquifers; critical water supply areas; areas which will encroach upon, damage or destroy any area, site, structure or object included in the National or State Register of Historic Places; areas within 10,000 feet of any airport runway which is equal to or greater than 3,000 feet in length, within 5,000 feet of any airport runway which is less than 3,000 feet in length; and areas dedicated to recreational or open space use including, but not limited to, national parks, national recreation areas, national forests, national wildlife refuges, state wildlife management areas, state parks, state forests, state designated natural areas and county or local parks, wildlife sanctuaries and recreational facilities; and

iii. Where the potential for a land use or environmental conflict exists, the applicant shall describe the mitigation efforts to be undertaken to meet the intent of the applicable land use or environmental requirement.

5. An environmental assessment, which shall provide a detailed evaluation of the potential impacts of the proposed facility on the environment including, but not limited to, all parameters identified in the environmental inventory in (g)3ii above. The assessment shall include, but not be limited to, the following:

i. An evaluation of both positive and negative, as well as, primary (direct or immediate) and secondary (indirect or long range) impacts on each parameter under conditions of maximum usage or output and a correlation of such impacts with various stages of the site preparation, facility construction, operation, closure and post-closure phases;

ii. An identification and description of the modeling techniques used to predict impacts on the various parameters identified in 3ii above. Where applicable, a calibrated and verified model shall be used and a copy of the model in the appropriate format shall be transmitted to the Department. Where an accepted modeling technique is not available best professional judgment may be used. A detailed description of the logical reasoning and assumptions made in the exercise of best professional judgment shall be incorporated to permit independent review;

iii. Isopleths, grid maps or other maps to depict potential zones of contaminant migration surrounding any and all sources of emission or discharge. Identify the type and location of each source;

iv. A quantification of impacts whenever possible (for example, lost habitat in acres) for all potential environmental impacts identified, where such quantification is not included, an explanation of the reason for such omission shall be provided;

v. A qualitative discussion of all potential environmental impacts identified; and

vi. A detailed description of the mitigative techniques proposed to address any potential environmental impact associated with the proposed facility.

6. A health impact assessment shall provide a detailed evaluation of the potential impacts of the proposed facility on human health including, but not limited to the following:

i. A description and discussion of the health risk assessment methodology to be employed, including detailed descriptions of the logical reasoning and assumptions employed in the method. A bibliography of reference material utilized in the preparation of the assessment shall be provided;

ii. A discussion of the level of uncertainty involved in the overall assessment. This discussion shall address the uncertainty involved in the estimation of individual parameters such as emissions or discharge and decay rates, levels of exposure and health effects, as well as the implications of complex uncertainties;

iii. A listing of all potential contaminants which may reasonably be expected to be released from the facility, and the amounts, concentrations and pathways of each;

iv. A listing of contaminants which will be utilized to assess health risks. All known carcinogens listed in iii above shall be included; additional contaminants shall be included, based on professional judgment;

v. For each of the contaminants listed in iv above, a toxicity profile shall be developed. This profile shall include data on the physical and chemical nature of the contaminant, as well as a description and discussion of data available regarding the environmental fate, acute affects (LD[50], irritation), chronic effects (mutagenicity, teratogenicity, carcinogenicity) and epidemiology of the material. This profile shall include a listing of available toxicological, epidemiological or other acute or chronic health effects studies used or otherwise available on the material in question;

vi. A quantification of the potential health impacts, where possible. If such quantification is not included, and explanation of the reason for such omission shall be provided; and

vii. A detailed description of the mitigation techniques proposed to address any potential health impacts associated with the proposed facility.

7. A summary discussion of any potential adverse impacts identified in the environmental and health assessment in (g)5 and 6 above that cannot be avoided should the proposed facility be implemented. For those impacts which cannot be avoided, their implications and the reasons why the proposed facility should be permitted shall be described. Where mitigation measures are proposed to reduce these potentially adverse impacts, the projected effectiveness and costs of the mitigative measures shall be discussed;

8. A discussion of the relationship between local, short term uses of the environment and the effect of the proposed facility on available options for subsequent future uses. Short term refers to the construction phase of the proposed facility. A description of the following shall be included:

i. Those cumulative and long-term effects of the proposed facility which either negatively impact or enhance the environment for the future;

ii. The extent to which the proposed facility prohibits future options;

iii. Plans which provide for the protection and maintenance of the environment during construction of the proposed facility, which shall include, but not be limited to, the following:

(1) Procedures to be used during construction if archeological resources are uncovered;

(2) Erosion and sediment control plans; and

(3) Controls for dust, odors, noise, traffic, and soil tracking; and

iv. Plans which provide for the protection and maintenance of the environment after termination of the facility operation;

9. A discussion of unusual conditions, including:

i. Foreseeable abnormal occurrences at the facility such as fires, spills, explosions, malfunction of control devices, natural disasters and their associated impacts on human health and the environment; and

ii. Maximum credible accidents including spills and their associated impacts on human health and the environment. For each maximum credible accident provide the probability calculations;

10. A list of all sources, references and basis documents supporting all factual information and conclusions; and

11. A list of all co-authors of the environmental and health impact statement including their name, title, affiliation and qualifications.

(h) The Department may waive the requirement for the applicant to submit data on any aspect of the proposed project's environmental setting and the analysis of the proposed project's impact on the aspect of the environmental setting when, in the opinion of the Department, such aspect of the environmental setting is not relevant to the proposed project.

N.J. Admin. Code § 7:26G-12.2