New Jersey § 13:1d-41

§ 13:1d-41.

a. The information required by the department in a pollution prevention plan shall

cover the previous calendar year and be reported in two parts. b. Part I of a pollution prevention plan shall consist of a comprehensive inventory

and analysis of the use and release of hazardous substances, and the generation of

hazardous waste and nonproduct output at an industrial facility. The information required by the department in Part I of a pollution prevention plan,

except as otherwise provided by the department in rules and regulations adopted pursuant

to section 6 of this act, 1 shall include the following information: (1) A certification by the highest ranking corporate official with direct operating

responsibility at the industrial facility that he has read the pollution prevention

plan and that the pollution prevention plan is true, accurate, and complete to the

best of his knowledge, and a certification by the highest ranking corporate official

at the industrial facility that he is familiar with the pollution prevention plan

and that it is the corporate policy of that industrial facility to achieve the goals

of the pollution prevention plan; (2) 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 the name and business telephone number of a non-management employee representative

at the industrial facility; (3) An identification of each production process using or producing hazardous substances

at the industrial facility, the product produced in the production process, and the

total units of production produced in each production process during the year; (4) The chemical identity and Chemical Abstract Service (CAS) number of each hazardous

substance manufactured, stored or used at the industrial facility; (5) The amounts of each hazardous substance in pure form or contained in a mixture

in storage at the industrial facility on the first and last days of the year, stored

on an annual average at the industrial facility, manufactured as a product at the

industrial facility, brought into the industrial facility, generated as nonproduct

output at the industrial facility, used at the industrial facility, consumed at the

industrial facility, and contained in the product or products produced at the industrial

facility; (6) For each production process, the amounts of each hazardous substance, either in

pure form or contained in a mixture, manufactured, used, consumed, contained in the

product or products produced, and generated as nonproduct output; (7) The amounts of each hazardous waste generated, and hazardous substance released

at each production process at the industrial facility and the amount of nonproduct

output generated at each source at the industrial facility; (8) The address of each off-site treatment, disposal, or storage facility to which

hazardous waste generated at the industrial facility is transported, and the type

of treatment or disposal method utilized at each off-site facility; (9) For the industrial facility as a whole, the amounts of each hazardous waste generated,

recycled in-process, treated, stored, disposed of or recycled outside of any production

process on-site, recycled outside of any production process off-site, and treated,

stored, or disposed of off-site; (10) The amount of each hazardous substance in nonproduct output recycled within each

production process at the industrial facility, recycled outside of any production

process on-site and recycled outside of any production process off-site; (11) The amounts of all hazardous substances that are released into the air or discharged

into the water or any other waste stream following recycling, treatment, or any combination

thereof; (12) A comprehensive financial analysis of the costs associated with the use, generation,

release, or discharge of hazardous substances which occur as a result of current production

processes at the industrial facility, including the costs of generation of non product

output, the savings realized by investments in pollution prevention and the more efficient

use of raw materials, the cost of the treatment and disposal of hazardous waste, and

the cost of liability insurance; (13) A calculation of the reduction or increase in the use of each hazardous substance

per comparable unit of production in each targeted production process, or any other

production process, as determined by the department, in comparison to the use of each

hazardous substance per unit of production in each production process reported in

the pollution prevention plan for the previous year, including an indication if the

calculation is an estimate; (14) A calculation of the reduction or increase in the amount of each hazardous substance

generated as nonproduct output from each targeted source and targeted production process

or any other production process or source, as determined by the department, per comparable

unit of product, and in the amount of each hazardous waste generated at each targeted

source and targeted production process, or any other production process or source,

as determined by the department, per unit of product, in comparison to the amounts

reported in the pollution prevention plan for the previous year; (15) A calculation of the reduction or increase in the use of each hazardous substance

by the entire industrial facility in comparison to the use of each hazardous substance

by the entire industrial facility reported in the pollution prevention plan for the

previous year, including an indication if the calculation is an estimate; (16) A calculation of the reduction or increase in the amount of each hazardous substance

generated as nonproduct output by the entire industrial facility and in the amount

of each hazardous waste generated by the entire industrial facility, in comparison

to the amounts reported in the pollution prevention plan for the previous year; and (17) Indications of the methods, modifications, or procedures used to achieve each

reduction reported pursuant to paragraphs (13), (14), (15), and (16) of this subsection,

and the industrial facility's five-year goals for such reductions at each production

process and on a facility-wide basis, except that the product of a production process

need not be included in the reduction goal, and except that any hazardous substance

listed on an input-use exemption list pursuant to subsection d. of section 6 of this

act 1 need not be included in the use reduction goal. The information identified in paragraphs (13), (14), (15), and (16) of this subsection

shall not be required for the first year covered by a pollution prevention plan prepared

pursuant to this subsection. c. The information required by the department in Part II of a pollution prevention

plan shall consist of information concerning targeted production processes and sources,

and, except as otherwise provided by the department in rules and regulations adopted

pursuant to section 6 of this act, shall include the following information: (1) For the industrial facility, the industrial facility's five-year numeric goals

for reducing the use of each hazardous substance and for reducing the generation as

nonproduct output of each hazardous substance; (2) For each targeted production process, the industrial facility's five-year numeric

goals for reducing the use of each hazardous substance per unit of product in the

targeted production process, and for reducing the generation as nonproduct output

of each hazardous substance per unit of product in the targeted production process; (3) A description of each targeted production process and targeted source; (4) An identification, for each targeted production process and targeted source, of

available reduction options, including procedures, technologies and equipment, that

may substantially reduce the use and generation of hazardous substances; (5) A feasibility analysis, for each targeted production process and targeted source,

of reduction options identified pursuant to paragraph (4) of this subsection, which

shall include, but need not be limited to, a full-cost accounting of the options,

and any technological obstacles to adopting the options; (6) A description, for each targeted production process, of options the owner or operator

of the industrial facility intends to undertake during the next five years to achieve

its reduction goals and a schedule for the implementation of the options. The options to be described shall include, but need not be limited to, employee

training, management policies, inventory control, scheduling improvements, material

handling improvements, and spill and leak prevention; (7) A description of the valuation methods used by the owner or operator to determine

not to install or utilize each option identified pursuant to paragraph (6) of this

subsection that would have resulted in a greater percentage reduction in the use of

hazardous substances or generation of nonproduct output than the option chosen; (8) An assessment and schedule for implementing on-site out-of-process recycling with

regard to industrial facilities authorized by the department to include out-of-process

recycling in a pollution prevention plan; and (9) A quantitative description of the impact that individual pollution prevention

techniques have had on post-treatment multimedia environmental releases of hazardous

substances, reported by medium. d. Within 18 months of the effective date of this act, the department shall adopt,

pursuant to the “Administrative Procedure Act,” P.L.1968, c. 410 ( C. 52:14B-1 et seq. ), rules and regulations establishing criteria pursuant to which owners and operators

of industrial facilities may identify targeted production processes and targeted sources

for the purpose of focusing pollution prevention strategies on these targeted production

sources and targeted sources. The criteria for the identification of targeted production processes and targeted

sources shall be based on a consideration of the toxicity of specific hazardous substances

or hazardous wastes used, generated or released at the targeted production process

or targeted source, and shall require that a targeted production process or targeted

source be a production process or source which makes a significant contribution to

the use and release of hazardous substances, the generation of hazardous waste, and

the generation of nonproduct output, as appropriate, at the industrial facility. e. The owner or operator of an industrial facility may include in a pollution prevention

plan and pollution prevention plan summary a description of any pollution prevention

strategies implemented at the industrial facility prior to 1987. f. The department may authorize an owner or operator of an industrial facility to

include out-of-process recycling in a pollution prevention plan and a pollution prevention

plan summary if the department determines that pollution prevention strategies are

not reasonably available to the owner or operator. g. The information required by the department in a pollution prevention plan progress

report, except as otherwise provided by the department in rules and regulations adopted

pursuant to section 6 of this act, shall include the following: (1) An identification of each production process and targeted production process,

and calculations, for the industrial facility and for each targeted production process

and any other production process required by the department, of the reduction or increase

in the use of each hazardous substance per unit of production, in the generation of

each nonproduct output per unit of production, and in multimedia releases, by medium,

following recycling and treatment of each hazardous substance, in comparison to the

previous year; (2) An indication of the method used to achieve each reduction listed pursuant to

paragraph (1) of this subsection; (3) A numerical statement demonstrating the industrial facility's progress towards

achieving each of its five-year goals, including the most recent information required

pursuant to paragraphs (1) and (2) of subsection c. of this section; (4) An explanation of why the industrial facility's annual progress may be less than

that anticipated in the pollution prevention plan time schedule for implementation;

and (5) A description of pollution prevention techniques that the owner or operator of

the industrial facility intends to undertake during the forthcoming year at a targeted

production process level. h. The information required by the department in a pollution prevention plan summary,

except as otherwise provided by the department in rules and regulations adopted pursuant

to section 6 of this act, shall contain the following: (1) For the industrial facility, the industrial facility's five-year numeric goal

for reducing the use of each hazardous substance, and for reducing the generation

of each nonproduct output; (2) For each targeted production process, the industrial facility's five year numeric

goals for reducing the use of each hazardous substance per unit of production, and

for reducing the generation of nonproduct output per unit of product in the targeted

production process; (3) A description of each targeted production process and targeted source; (4) A description, for each targeted production process, of the techniques the owner

or operator of the industrial facility intends to undertake during the next five years

to achieve the industrial facility's reduction goals, and a schedule for the implementation

of the techniques; (5) An indication, for each hazardous substance used in a targeted production process,

of whether the hazardous substance is used in an amount of 0 to 5,000 pounds, 5,000

pounds to 10,000 pounds, or greater than 10,000 pounds; (6) A written certification that the owner or operator of the industrial facility

has prepared a pollution prevention plan and that the plan is available on site for

the department's inspection; and (7) A list of all other permits, certificates, registrations, or other approvals,

or documents issued by the department for the industrial facility. i. The owner or operator of an industrial facility shall not be required to include

in a pollution prevention plan or pollution prevention plan summary information concerning

a research and development laboratory located at the industrial facility. j. The owner or operator of an industrial facility shall not be required to prepare

a pollution prevention plan, pollution prevention plan summary or pollution prevention

plan progress report for a pilot facility. k. The department shall adopt, pursuant to the “Administrative Procedure Act,” rules

and regulations establishing criteria under which the department shall consider sources

or production processes that use similar ingredients to produce one or more similar

products as a single source or production process for the purposes of reporting information

in a pollution prevention plan, pollution prevention plan summary, or pollution prevention

plan progress report. l. Nothing in this act shall be construed to authorize the department to request or

require the owner or operator of an industrial facility to provide information concerning

non-hazardous substances or product formulas for mixtures that include non-hazardous

substances, or to require that such information be included in a pollution prevention

plan, pollution prevention plan summary, or pollution prevention plan progress report. 1

N.J.S.A. § 13:1D-40.