N.J. Admin. Code § 7:1K-3.10

Current through Register Vol. 56, No. 21, November 4, 2024

Section 7:1K-3.10 - Pollution Prevention Plan Summary and Pollution Prevention Plan Progress Report modifications due to improvements in pollution prevention for a production process established after January 1, 1992

(a) The owner or operator of a priority industrial facility is not required to include in Part IB or Part II of a Pollution Prevention Plan or in a Pollution Prevention Plan Progress Report information pertaining to improvements in pollution prevention for a production process established after January 1, 1992 until the first five-year revision of the Pollution Prevention Plan and Plan Summary is prepared for the industrial facility at which the production process is carried out after the establishment of the production process, or until five years after the establishment of the production process, whichever is later, subject to the following:

1. For the purposes of this subsection, a production process shall be considered to be established after January 1, 1992, if it meets any one of the following criteria:

i. The production process results in production of a new product, new coproduct, or new intermediate product after January 1, 1992 which was not identified in the industrial facility's most recent Pollution Prevention Plan;

ii. The production process results in production after January 1, 1992 of a product whose new active ingredient is chemically different from other products made at the industrial facility; or

iii. The production process results in production after January 1, 1992 of a product which is made by a different chemical route from other products made at the industrial facility, except for an improvement in the established chemistry such as a more efficient catalyst.

2. If an existing production process generates nonproduct output which is subsequently sold or designated as a product, coproduct, or intermediate product, it shall not be considered a production process established after January 1, 1992.

(b) The owner or operator of a priority industrial facility is required to complete all pollution prevention planning requirements for Part I of a Pollution Prevention Plan, 7:1K-4.3, for production processes established after January 1, 1992 not less than one year but no more than two years after establishing the new production process. This requirement shall be included as part of an annual update or five-year revision of the industrial facility's Pollution Prevention Plan and Pollution Prevention Plan Summary pursuant to 7:1K-3.6 or 3.7.

N.J. Admin. Code § 7:1K-3.10

New Rule, R.2000 d.118, effective 3/20/2000.
See: 31 New Jersey Register 4187(a), 32 New Jersey Register 1001(a).
Recodified from N.J.A.C. 7:1K-3.13 by R.2005 d.317, effective 9/19/2005.
See: 37 New Jersey Register 984(a), 37 New Jersey Register 3637(c).
Former N.J.A.C. 7:1K-3.10, Pollution Prevention Plan Summary and Pollution Prevention Plan Progress Report modifications resulting from change in hazardous substance quantity relative to threshold quantity, repealed.