N.J. Admin. Code § 7:1K-5.1

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

Section 7:1K-5.1 - Pollution Prevention Plan Summary reporting requirements

(a) The owner or operator of a priority industrial facility is required to:

1. Beginning with reporting year 2005, prepare and submit to the Department electronically using the Department's on-line reporting website located at http://www.nj.gov/dep/online/ by the deadline specified at N.J.A.C. 7:1K-3.1, a Pollution Prevention Plan Summary summarizing the industrial facility's Pollution Prevention Plan; and

2. Revise, update or modify the industrial facility's Pollution Prevention Plan Summary thereafter in accordance with N.J.A.C. 7:1K-3.6, 3.8 and 3.9.

(b) If it is a hardship for an owner or operator of a priority industrial facility to submit a Pollution Prevention Plan Summary electronically, the employer may request approval from the Department to submit the Pollution Prevention Plan Summary in paper form. The Department shall approve such a request provided that:

1. The request is submitted no later than July 1 of the submittal year;

2. The owner or operator of a priority industrial facility explains:

i. The grounds for the hardship that electronic submittal would impose; and

ii. The effort(s) the owner or operator of a priority industrial facility will make to ensure the facility's ability to make electronic submittals in the future; and

3. The owner or operator of a priority industrial facility makes every effort to become able to submit the form electronically in future years; and

(c) The owner or operator of a priority industrial facility that is claiming confidentiality under N.J.A.C. 7:1K-8.2(b) for any part of the Pollution Prevention Plan Summary must submit a paper copy of the confidential Pollution Prevention Plan Summary to the Department.

(d) The Department shall approve, on a case-by-case basis, an extension of a reporting deadline if a facility is unable to electronically file its Pollution Prevention Plan Summary due to a malfunction in the Department's electronic reporting system. The Department shall not approve any extension due to a malfunction in a facility's electronic information technology system, unless the facility verifies the malfunction in writing and promptly files the report by other means.

(e) A Pollution Prevention Plan Summary shall consist, at a minimum, of the following:

1. Administrative information:

i. The name of the industrial facility;

ii. The address of the industrial facility;

iii. The location of the industrial facility, using the industrial facility's centroid coordinate in New Jersey State Plane Feet;

iv. Relevant facility identification numbers assigned to the industrial facility by any State or Federal agency;

v. 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

vi. The name and business telephone number of the non-management employee representative at the Industrial facility.

2. Certification:

i. A written certification, signed by the owner or operator of the industrial facility that reads as follows:

"I certify under penalty of law that a Pollution Prevention Plan has been prepared for this industrial facility and that the Plan is available at the facility for inspection by the Department. I further certify that the information submitted in this Pollution Prevention Plan Summary is true, accurate and complete to the best of my knowledge.";

3. Facility-level information:

i. Five-year numeric goals for reducing the use of each hazardous substance;

ii. Five-year numeric goals for reducing the generation of each hazardous substance as nonproduct output (Note: The facility-level goals to be reported in (e)3i and ii are the same as those to be included in the Pollution Prevention Plan pursuant to N.J.A.C. 7:1K-4.5(a)6 through 9.);

iii. A list of permits issued by the Department to the industrial facility for the use or multimedia release of hazardous substances, the discharge of pollutants, and the emission of pollutants or air contaminants including, but not limited to, permits issued pursuant to the Solid Waste Management Act, N.J.S.A. 13:1E-1 et seq.; the Environmental Cleanup and Responsibility Act, N.J.S.A. 13:1K-6 et seq.; the Toxic Catastrophe Prevention Act, N.J.S.A. 13:1K-19 et seq.; the Air Pollution Control Act, N.J.S.A. 26:2C-1 et seq.; the Water Pollution Control Act, N.J.S.A. 58:10A-1 et seq.; or the Spill Compensation and Control Act, N.J.S.A. 58:10-23.11 et seq.;

iv. Optional: A priority industrial facility may include information on pollution prevention strategies implemented at the facility prior to 1987, provided that such strategies are consistent with the definition of pollution prevention at N.J.A.C. 7:1K-1.5; and

v. Optional: A priority industrial facility may include information on pollution prevention progress that occurred at the facility between 1987 and the base year for any hazardous substance;

4. Process-level information (Note: This is the same information contained in Part 1A of the Pollution Prevention Plan pursuant to N.J.A.C. 7:1K-4.3(b) 3i and ii):

i. An identification of each production process, using a unique identification number assigned by the 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 process cannot be assigned to any other production process;

ii. A description of each production process using the nomenclature provided by the Department in Appendix C, incorporated herein by reference; and

iii. A description of each product using a six-digit North American Industry Classification System (NAICS) code. A list of applicable six-digit NAICS codes is included in the tables in Appendix D; and

iv.

(Reserved); and

5. Information on targeted production processes:

i. An identification of each targeted production process, using a unique identification number assigned by the 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;

ii. Five-year numeric goals for reducing the use of each hazardous substance per unit of product, as defined by N.J.A.C. 7:1K-1.5, for each targeted production process;

iii. Five-year numeric goals for reducing the generation of nonproduct output per unit of product, as defined by N.J.A.C. 7:1K-1.5, for each hazardous substance in each targeted production process (Note: The process-level goals to be reported in (e)5i and ii are the same goals to be included in the Pollution Prevention Plan pursuant to N.J.A.C. 7:1K-4.5(a)10 and 11.);

iv. A description of the pollution prevention techniques the owner or operator of the industrial facility intends to implement during the five-year planning period to achieve the five-year reduction goals listed under (e)5ii and iii above; and

v. A schedule for implementing the pollution prevention techniques identified in (e)5iv above, including:

(1) Start date for construction or other activities which may require pre-approval from the Department through the issuance of permits or other approvals, if applicable; and

(2) Completion date for implementing the pollution prevention techniques identified in (e)5v above;

vi. An indication, for each hazardous substance used in a targeted production process, of whether the hazardous substance is used by the facility on an annual basis in a quantity of zero to 5,000 pounds, 5,000 pounds to 10,000 pounds, 10,000 to 25,000 pounds, 25,000 to 50,000 pounds, or greater than 50,000 pounds;

vii. If applicable: A Raw Material Substitution Certification for individual hazardous substances used in specific targeted production processes at the facility, completed in accordance with N.J.A.C. 7:1K-4.6; and

viii. An indication of whether the facility's targeting decision was based on 90 percent or more of the total use of hazardous substances at the industrial facility; 90 percent or more of the total nonproduct output generated at the industrial facility; or 90 percent or more of the total multi-media environmental releases at the industrial facility (in accordance with N.J.A.C. 7:1K-4.4).

N.J. Admin. Code § 7:1K-5.1

Amended by R.1994 d.51, effective 2/7/1994.
See: 25 N.J.R. 1849(a), 26 N.J.R. 842(a).
Special amendment, R.2004 d.87, effective 1/28/2004 (to expire August 15, 2004).
See: 36 N.J.R. 1233(a).
Rewrote (b)4iii.
Administrative correction.
See: 36 N.J.R. 2762(b).
Adopted concurrent amendment, R.2004 d.330, effective 7/29/2004.
See: 36 N.J.R. 1233(a), 36 N.J.R. 4127(b).
Provisions of R.2004 d.87 adopted without change.
Amended by R.2005 d.317, effective 9/19/2005.
See: 37 N.J.R. 984(a), 37 N.J.R. 3637(c).
In (a), rewrote 1; added (b)-(d); recodified former (b) as (e) and rewrote subsection.