N.J. Admin. Code § 7:1K-4.2

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

Section 7:1K-4.2 - Grouping of production processes or sources for pollution prevention planning purposes

(a) An owner or operator of a priority industrial facility may choose to group sources or production processes that use similar ingredients to produce one or more similar products so that the grouped sources or production processes are considered a single source or production process for pollution prevention planning purposes.

(b) An owner or operator of a priority industrial facility who chooses to group may consider any of the following criteria to determine whether sources or production processes that use similar ingredients to produce one or more similar products should be considered a single source or production process for pollution prevention planning purposes:

1. The function of the hazardous substance in the development of a product, that is, how is the hazardous substance used in the production process? This criterion is intended to aid industrial facilities in distinguishing between basic types or classes of products manufactured, for example, chemicals or articles;

2. The function of the equipment. This criterion is intended to aid industrial facilities in distinguishing between different modes of operation for production processes, for example, batch operations or continuous operations;

3. Whether the sources or processes use similar ingredients;

4. Whether the sources or processes produce similar products; and

5. Whether the sources or processes have any other characteristics that are similar.

(c) An owner or operator of a priority industrial facility who chooses to group shall describe grouped sources and production processes in Part I of the industrial facility's Pollution Prevention Plan and shall identify grouped sources and production processes in the industrial facility's Pollution Prevention Plan Summary and Pollution Prevention Plan Progress Report. The grouping of sources and production processes selected by the industrial facility shall not change throughout the pollution prevention planning process, including the preparation of Part II of a Pollution Prevention Plan, a Pollution Prevention Plan Summary or a Pollution Prevention Plan Progress Report, unless the industrial facility's pollution prevention planning documents are modified to reflect the new grouping as required by 7:1K-3.9(a)1 v.

(d) If hazardous substances are used, generated, treated or released in a pollution treatment or control system or out-of-process recycling system, those systems shall not be grouped with production processes for the purposes of including information in a Pollution Prevention Plan, Plan Summary, or Plan Progress Report. Pollution treatment or control systems or out-of-process recycling systems shall be considered as separate sources or production processes for pollution prevention planning purposes.

(e) If the owner or operator of a priority industrial facility decides to modify the industrial facility's groupings of sources or production processes following the completion of the industrial facility's Pollution Prevention Plan and Plan Summary, the owner or operator shall modify the industrial facility's Pollution Prevention Plan and Plan Summary to reflect the new groupings, and shall submit the modified Pollution Prevention Plan Summary to the Department within 90 days of making such modifications, as required by 7:1K-3.9(a)1 v.

N.J. Admin. Code § 7:1K-4.2

Amended by R.2005 d.317, effective 9/19/2005.
See: 37 New Jersey Register 984(a), 37 New Jersey Register 3637(c).
In (c), substituted "3.9(a)1v" for "3.8(c)" following "N.J.A.C. 7:1K-"; in (d), substituted "shall" for "may" preceding "be considered"; in (e), substituted "3.9(a)1v" for "3.8" following "N.J.A.C. 7:1K-".