N.J. Admin. Code § 7:1K-4.3

Current through Register Vol. 56, No. 24, December 18, 2024

Section 7:1K-4.3 - Contents of Part I of a Pollution Prevention Plan

(a) Part I of a Pollution Prevention Plan shall consist of the following two components:

1. Part IA of the Pollution Prevention Plan, containing administrative information about the facility; process-level and facility-level data about the use, generation and release of hazardous substances at the facility; information on the total costs of using and generating hazardous substances so as to compare these costs with those after implementing pollution prevention options in Part II cost analysis pursuant to N.J.A.C. 7:1K-4.5(a)5 ii; and certifications by officials of the industrial facility; as required by N.J.S.A. 13:1D-41(b)1 through 12; and

2. Part IB of the Pollution Prevention Plan, containing information on the reduction in use of hazardous substances and the generation of hazardous substances as nonproduct output at the industrial facility, as required by N.J.S.A. 13:1D-41(b)13 through 17.

(b) Part IA of a Pollution Prevention Plan shall be based on information covering the base year as defined in N.J.A.C. 7:1K-1.5 and shall contain, at a minimum, the following:

1. Personnel Information and Certifications:

i. A written certification, signed by the highest ranking corporate official with direct operating responsibility at the industrial facility, that reads as follows:

"I certify under penalty of law that I have read the Pollution Prevention Plan and that the Pollution Prevention Plan is true, accurate and complete to the best of my knowledge.";

ii. A written certification, signed by the highest ranking corporate official at the industrial facility, that reads as follows:

"I certify under penalty of law that I am familiar with the Pollution Prevention Plan and that it is the corporate policy of this industrial facility to achieve the goals of the Pollution Prevention Plan.";

iii. The name and business telephone number of the owner or operator of the industrial facility, and of the highest ranking corporate official at the industrial facility; and

iv. The name and business telephone number of a non-management employee representative at the industrial facility;

2. Facility-level information (Note: This is the same information to be reported in the Plan Progress Report pursuant to N.J.A.C. 7:1K-6.1(c)3. This information is the same as information previously submitted on the Release and Pollution Prevention Report (RPPR) pursuant to N.J.A.C. 7:1G. Inclusion of the RPPR in a P2 Plan along with the use calculation at (b)2vi below satisfies the requirement for facility-level information.)

i. The chemical identity and Chemical Abstract Service (CAS) number of each hazardous substance manufactured, stored or used at the industrial facility;

ii. Inventory data, in pounds, for the annual inputs, either in pure form or contained in a mixture, determined by direct measurement or by calculations and estimates using best engineering judgment, of each hazardous substance:

(1) Stored at the industrial facility on the first day of the reporting year;

(2) Brought into the industrial facility as a non-recycled material during the reporting year;

(3) Manufactured as a product, co-product or nonproduct output at the facility; and

(4) Recycled outside of a production process on-site or off-site and used as an input at the industrial facility;

iii. Inventory data, in pounds, for the annual output, either in pure form or contained in a mixture, determined by direct measurement or by calculations and estimates using best engineering judgment, of each hazardous substance:

(1) Stored at the industrial facility on the last day of the reporting year;

(2) Consumed at the industrial facility;

(3) Shipped off-site as a product or co-product; and

(4) Generated as nonproduct output;

iv. Recycling data, in pounds, for the quantities, measured as nonproduct output, of each hazardous substance determined by direct measurement or estimates using best engineering judgment:

(1) Recycled outside of a production process on-site; and

(2) Recycled outside of a production process off-site;

v. Release data, in pounds, for the quantities of each hazardous substance determined by direct measurement or estimates using best engineering judgment:

(1) Released to air through stack emissions;

(2) Released to air through fugitive emissions;

(3) Discharged to the waters of the State; and

(4) Generated as other waste streams:

(A) On-site land disposal;

(B) Transferred to other off-site locations;

(C) Released due to remedial actions, catastrophic events or one-time events not associated with production processes;

vi. Quantities of each hazardous substance used at the industrial facility, in pounds, determined by adding items in (b)2iii(2), (3) and (4) above for the facility;

vii. Optional: The owner or operator of a priority industrial facility may include a description of pollution prevention strategies implemented at the priority industrial facility prior to 1987 or prior to preparation of an initial Pollution Prevention Plan, provided that such strategies are consistent with the definition of pollution prevention at N.J.A.C. 7:1K-1.5;

viii. Optional: The owner or operator of a priority industrial facility may include information on pollution prevention progress that occurred at the facility between 1987 and the base year prior to preparation of an initial Pollution Prevention Plan for any hazardous substance;

ix. Additional facility-level hazardous substance information including, but not limited to:

(1) Products associated with hazardous substances and units of production;

(2) Reduction due to the discontinuance of operations; and

(3) Reductions due to substitution of hazardous substances with non-hazardous substances; and

x. The difference between annual input quantities as specified at (b)2ii above and annual output quantities as specified at (b)2iii through v above, shall not exceed five percent.

3. Process-level information (Note: This is the same information to be reported in the P2 Plan Summary pursuant to N.J.A.C. 7:1K-5.1(b)4 i and/or the P2-115, Pollution Prevention Process Level Data Worksheet, pursuant to N.J.A.C. 7:1K-4.9, as applicable.):

i. An identification of all production processes, using a unique identification number assigned by the industrial facility, and indicating whether each process is a grouped process as authorized by N.J.A.C. 7:1K-4.2, or a targeted process according to N.J.A.C. 7:1K-4.4. The unique identification number assigned to a process cannot be assigned to any other production process;

ii. For each production process, an identification of the product(s), coproduct(s) and/or intermediate product(s) produced, the unit used by the industrial facility for measuring production, and the total units of production produced during the year;

iii. A description of the owner or operator's grouping decision, if any, including a description of the unit for measuring production; and

iv. A process flow diagram.

4. Process-level inventory data:

i. Inventory data, in pounds, for the annual quantities, either in pure form or contained in a mixture, determined by direct measurement or calculations and estimates using best engineering judgment, of each hazardous substance:

(1) Contained in the products, coproducts or intermediate products produced in each production process;

(2) Consumed within each production process;

(3) Used in each production process;

(4) Generated as nonproduct output at each production process for each of the following categories:

(A) Recycled out of process;

(B) Destroyed by on-site treatment;

(C) Destroyed by on-site energy recovery;

(D) Stack air emissions;

(F) Fugitive air emissions;

(F) Discharge to POTWs;

(G) Discharge to groundwater;

(H) Discharge to surface waters;

(I) On-site land disposal;

(J) Transferred off-site; and

(K) Ending inventory, as non-product output minus beginning inventory, as non-product output;

(5) Released from each production process; and

(6) Recycled outside of each production process;

ii. Pollution Prevention techniques used in a given year;

iii. Whether or not a process was discontinued or sent off-site in a given year;

iv. Whether or not a facility made a process change that triggered a P2 Plan modification pursuant to N.J.A.C. 7:1K-3.9; and

v. An explanation on whether or not a facility's pollution prevention progress for targeted processes was less than anticipated;

5. Information and data on hazardous waste generation, treatment, storage and disposal activities:

i. Annual facility-level data for each hazardous waste generated, including, but not limited to:

(1) Amount generated at the industrial facility;

(2) Amount treated outside of a production process;

(3) Amount stored outside of a production process;

(4) Amount disposed outside of a production process;

(5) Reductions or increases in the amount of each hazardous waste generated, per unit of product, in comparison to the base year;

(6) Address of off-site treatment, storage or disposal facilities (TSD's); and

(7) Description of type of treatment at each treatment, storage or disposal facility (TSD);

ii. Facility-level recycling data for each hazardous waste, including by direct measurement or estimates using best engineering judgment:

(1) Amount recycled on site; and

(2) Amount recycled off site; and

iii. The annual amounts of each hazardous waste generated at each production process at the industrial facility, including reductions or increases in the amount of each hazardous waste generated, per unit of product, in comparison to the base year; and

6. Cost data:

i. An estimate for each source or production process, of the costs of using hazardous substances, generating hazardous substances as nonproduct output, and releasing hazardous substances, including, at a minimum:

(1) Storage and handling costs;

(2) Monitoring, tracking and reporting costs;

(3) Treatment costs;

(4) Transportation and disposal costs;

(5) Manifesting and labeling costs;

(6) Permit fees;

(7) Liability insurance costs, if the industrial facility is covered by liability insurance;

(8) Raw material costs:

(9) Safety and health compliance costs; and

(10) Optional: Additional costs which may be considered are found in the Pollution Prevention Planning Guidance Document published by the Department. The Pollution Prevention Planning Guidance Document describes the total cost assessment method of capital budgeting for industrial facilities who choose to apply total cost assessment to their sources and production processes.

(c) Part IB of a Pollution Prevention Plan shall contain information on the reduction or increase in use of hazardous substances and the generation of hazardous substances as nonproduct output, including, but not limited to, the following:

1. Facility-level information on pollution prevention reductions (Note: This is the same information to be reported in the Plan Progress Report pursuant to N.J.A.C. 7:1K-6.1(f)4 i through iv.).

i. Calculations of the reduction or increase in use of each hazardous substance in comparison to the base year;

ii. Calculations of the reduction or increase in the generation of each hazardous substance as nonproduct output, in comparison to the base year;

iii. Calculations of the reduction or increase in multimedia releases, by medium, after recycling and treatment, in comparison to the base year; and

iv. A numerical statement demonstrating the industrial facility's progress, if any, towards achieving each of the facility-level five-year goals reported in the industrial facility's Pollution Prevention Plan Summary pursuant to N.J.A.C. 7:1K-5.1(b)3. Quantities of coproducts sold by the industrial facility which are not the result of pollution prevention techniques do not count as progress towards achieving pollution prevention goals.

2. Information on Targeted Production Processes:

i. An identification of targeted production processes, using a unique identification number assigned by the industrial facility, and indicating whether each process is a grouped process as authorized by N.J.A.C. 7:1K-4.2. The unique identification number assigned to a targeted process cannot be assigned to any other process; and

ii. Process-level information on pollution prevention reductions for each hazardous substance within each targeted production process, including, but not limited to (Note: This is the same information to be reported in the Plan Progress Report pursuant to N.J.A.C. 7:1K-6.1(c)5 ii(1) through (7).):

(1) Calculations of the reduction or increase in use of each hazardous substance within each targeted production process per unit of product, as defined by N.J.A.C. 7:1K-1.5, in comparison to the base year;

(2) Calculations of the reduction or increase in the generation of nonproduct output for each targeted production process per unit of product, as defined by N.J.A.C. 7:1K-1.5, in comparison to the base year;

(3) Calculations of the reduction or increase in use of each hazardous substance per unit of product, as defined by N.J.A.C. 7:1K-1.5, attributed to the sale of coproducts from each production process, which are not the result of pollution prevention techniques, in comparison to the base year;

(4) Calculations of the reduction or increase in nonproduct output generation per unit of product, as defined by N.J.A.C. 7:1K-1.5, attributed to the sale of coproducts from each production process, which are not the result of pollution prevention techniques, in comparison to the base year;

(5) Calculations of the reduction or increase in multimedia releases from each targeted production process, by medium, after recycling and treatment, in comparison to the base year;

(6) A numerical statement demonstrating the industrial facility's progress, if any, towards achieving each of the process-level five-year goals for each targeted production process reported in the industrial facility's Pollution Prevention Plan Summary pursuant to N.J.A.C. 7:1K-5.1(b)5. Quantities of coproducts sold by the industrial facility which are not the result of pollution prevention techniques do not count as progress towards achieving use reduction or nonproduct output reduction goals; and

(7) An identification of the pollution prevention techniques used to achieve each reduction reported under (c)2ii(1) through (5) above; and

3. A reassessment of the industrial facility's five-year goals for reductions reported in the facility's Pollution Prevention Plan Summary pursuant to N.J.A.C. 7:1K-5.1(b)3 and 5, if applicable.

N.J. Admin. Code § 7:1K-4.3

Amended by R.1994 d.51, effective 2/7/1994.
See: 25 N.J.R. 1849(a), 26 N.J.R. 842(a).
Amended by R.2000 d.118, effective 3/20/2000.
See: 31 N.J.R. 4187(a), 32 N.J.R. 1001(a).
In (b)6i, substituted "An estimate" for "A comprehensive financial analysis"; and in (c)1 and 2, substituted "base year" for "previous year" throughout.
Amended by R.2005 d.317, effective 9/19/2005.
See: 37 N.J.R. 984(a), 37 N.J.R. 3637(c).
Rewrote (a)1 and (b); in (c), substituted "(f)4i through iv" for "(c)4i through iv" following "N.J.A.C. 7:1K-" in 1, deleted iii and iv, and recodified former v.-vi. as iii.-iv.
Notice of readoption with technical change.
See: 46 N.J.R. 353(a).