N.J. Admin. Code § 7:1K-6.1

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

Section 7:1K-6.1 - Pollution Prevention Plan progress 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, by July 1 of each year after completion of the facility's initial Pollution Prevention Plan, electronically using the Department's on-line reporting website located at http://www.nj.gov/dep/online/, a Pollution Prevention Plan Progress Report that indicates the progress made since the base year in achieving the use reduction and non-product output reduction goals set forth in the facility's current Pollution Prevention Plan; and

2. Revise, update or modify the industrial facility's Pollution Prevention Plan Progress Report thereafter in accordance with 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 Progress Report electronically, the employer may request approval from the Department to submit the Pollution Prevention Plan Progress Report 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.

(c) The owner or operator of a priority industrial facility that is claiming confidentiality for any part of the Pollution Prevention Plan Progress Report must submit a paper copy of the confidential Pollution Prevention Plan Progress Report 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 Progress Report 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) The Department may combine the reporting elements of this section with those required for Community Right-to-Know Reporting pursuant to 34:5A-1 et seq. in order to allow a priority industrial facility to submit a combined reporting form to satisfy the requirements of N.J.A.C. 7:1G and N.J.A.C. 7:1K.

(f) A Pollution Prevention Plan Progress Report 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; and

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

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 the information submitted in this Pollution Prevention Plan Progress Report is true, accurate and complete to the best of my knowledge.";

3. Facility-level inventory and release data (Note: This information replaces information that was previously submitted on Form DEQ-114 and is the same information to be included in Part IA of the Pollution Prevention Plan pursuant to 7:1K-4.3(b)2.):

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 industrial 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 calculations, 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, determined by direct measurement or estimates using best engineering judgment, of each hazardous substance:

(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:

(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; and

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

4. Facility-level information on pollution prevention reductions:

i. Calculations of the reductions 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 7:1K-1.5(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. (Note: The information to be reported in (f)4i through iv is the same information to be included in a Pollution Prevention Plan pursuant to 7:1K-4.3(c)1 i through iv.)

5. 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 7:1K-4.2. The unique identification number assigned to a targeted process cannot be assigned to any other process;

ii. Process-level information on pollution prevention reductions for each hazardous substance within each targeted production process, including, but not limited to:

(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 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. 71K-1.5, in comparison to the base year;

(3) Calculations of the reduction or increase in use of each hazardous substance and use of each hazardous substance per unit of product, as defined by 7:1K-1.5, attributed to the sale of coproducts from each targeted 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 7:1K-1.5, attributed to the sale of coproducts from each targeted 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 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;

(7) An identification of the pollution prevention techniques used to achieve each reduction reported under (f)5ii(1) through (5) above (Note: The information to be reported in (f)5ii(1) through (7) is the same information to be included in Part IB of a Pollution Prevention Plan pursuant to 7:1K-4.3(c)2 ii(1) through (7).);

(8) An indication of whether a Raw Material Substitution Certification was filed as part of the industrial facility's current Pollution Prevention Plan Summary; and

(9) A description of the pollution prevention techniques the owner or operator of the industrial facility intends to implement for each targeted production process during the forthcoming year in order to achieve the use reduction and nonproduct output reduction goals and implementation schedule reported in the facility's current Pollution Prevention Plan Summary;

6. Information on progress which is less than anticipated:

i. If applicable, an explanation of why the facility's annual progress was less than that anticipated in the use reduction and nonproduct output reduction goals and implementation schedule reported in the facility's current Pollution Prevention Plan Summary;

7. Release and Pollution Prevention Reporting Elements:

i. All information required by N.J.A.C. 7:1G to be reported to the Department on Form DEQ-114 (the Release and Pollution Prevention Report) that is not otherwise specifically listed at (f)1 through 6 above; and

8. Checkoff box for production process changes:

i. If applicable, a facility should indicate that a production process change that occurred at the industrial facility has triggered a modification of the industrial facility's Pollution Prevention Plan, Plan Summary or Plan Progress Report by checking off the box or boxes corresponding to the modification criterion or criteria at 7:1K-3.9(a).

N.J. Admin. Code § 7:1K-6.1

Amended by R.1994 d.51, effective 2/7/1994.
See: 25 New Jersey Register 1849(a), 26 New Jersey Register 842(a).
Amended by R.2000 d.118, effective 3/20/2000.
See: 31 New Jersey Register 4187(a), 32 New Jersey Register 1001(a).
In (a), substituted "since the base" for "in the previous" following "made" in 1, and changed N.J.A.C. references in 2; and in (c)4 and 5, substituted "base year" for "previous year" throughout.
Amended by R.2005 d.317, effective 9/19/2005.
See: 37 New Jersey Register 984(a), 37 New Jersey Register 3637(c).
Rewrote the section.