In the past, DPCC plans included an upgrade section where one could submit a plan for upgrades to come into compliance with N.J.A.C. 7:1E rules. The intent of this section was to allow time during the initial implementation of the rule in 1991 to come into compliance.
Going forward, the NJDEP’s guidance is to not include an upgrade section in the plan. Any upgrades to address conditions that are out of compliance should be handled with an Administrative Consent Order (ACO). This will still allow time for the facility to come into compliance but there will be a set deadline to meet.
Also, there is an upcoming DPCC rule amendment proposal currently under internal review by the department that is expected to be published in the New Jersey register for public comment in early 2023.
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