New Jersey § 13:1d-40

§ 13:1d-40.

a. 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 necessary for the implementation of this act. b. Within 18 months of the effective date of this act the department shall adopt,

pursuant to the “Administrative Procedure Act,” rules and regulations that outline

the substantive requirements of pollution prevention plans, pollution prevention plan

summaries, and pollution prevention plan progress reports, and shall make a document

setting forth these requirements available to owners and operators of priority industrial

facilities. The rules and regulations adopted pursuant to this subsection shall, to the maximum

extent practicable and feasible, require that information required for the preparation

of a pollution prevention plan, pollution prevention plan summary, and a pollution

prevention plan progress report be based on information developed by the owner or

operator of an industrial facility for the purposes of compliance with 42 U.S.C. § 11023 and P.L.1983, c. 315 ( C.34:5A-1 et al.). These rules and regulations shall specify which information required in a pollution

prevention plan summary and pollution prevention plan progress report may be reported

to the department in an environmental survey submitted pursuant to P.L.1983, c. 315

instead of in a pollution prevention plan summary or a pollution prevention plan progress

report. These regulations may require owners or operators of industrial facilities to submit

pollution prevention plan summaries or pollution prevention plan progress reports

in a form that is compatible with the department's electronic information storage

and retrieval system. c. Within 18 months of the effective date of this act the department shall adopt,

pursuant to the “Administrative Procedure Act,” rules and regulations establishing

criteria pursuant to which the department shall be authorized to issue a directive

requiring an industrial facility which is not a priority industrial facility to prepare

a pollution prevention plan, pollution prevention plan summary, and a pollution prevention

plan progress report. These criteria shall include the toxicity and volume of the hazardous substances

or hazardous waste used, generated or released at the industrial facility, and the

history of unpermitted releases at the industrial facility. These criteria shall also include a requirement that the department, prior to issuing

a directive pursuant to this subsection, make a written finding that, based on the

past performance of the industrial facility and the compliance of the industrial facility

with the terms of any permit, certificate, registration, or any other relevant department

approval issued to the owner or operator of the industrial facility pursuant to P.L.1970,

c. 33 ( C.13:1D-1 et seq. ), P.L.1970, c. 39 ( C.13:1E-1 et seq. ), P.L.1977, c. 74 ( C.58:10A-1 et seq. ), or P.L.1954, c. 212 ( C.26:2C-1 et seq. ), and the extent to which the industrial facility contributes to the total amount

of hazardous substances used, generated, or released in the State or a region of the

State, the preparation of a pollution prevention plan, pollution prevention plan summary,

and pollution prevention plan progress report for the industrial facility could result

in a reduction in the use or release of hazardous substances or the generation of

hazardous waste or nonproduct output at the industrial facility and a reduction in

the threat posed to the environment or public health by the use or release of hazardous

substances or the generation of hazardous waste or nonproduct output at the industrial

facility. d. The department, pursuant to rules and regulations adopted pursuant to the “Administrative

Procedure Act,” may establish for any hazardous substance used or manufactured at

an industrial facility a facility-wide threshold quantity of up to 10,000 pounds below

which the hazardous substance need not be included in the pollution prevention plan,

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

a 10-employee threshold below which an industrial facility would not be required to

prepare a pollution prevention plan or submit a pollution prevention plan summary

and a pollution prevention plan progress report. e. An owner or operator of an industrial facility may include in a pollution prevention

plan, pollution prevention plan summary, and pollution prevention plan progress report

an input-use exemption list of any hazardous substances used in a specific production

process at the industrial facility, the input-use of which he has determined through

pollution prevention planning cannot be reduced below the current level. For each hazardous substance included on the input-use exemption list, the owner

or operator shall be required to demonstrate, in writing, that there is no reasonably

available and economically viable alternative to the current level of input-use of

the hazardous substances in the specified production process. An owner or operator shall not be required to include in a pollution prevention

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

a reduction in use for any hazardous substance included on an input-use exemption

list, but shall be required to provide all other information concerning such a hazardous

substance required in a pollution prevention plan, pollution prevention plan summary,

and pollution prevention plan progress report. Notwithstanding the inclusion of a hazardous substance on an input-use exemption

list, the owner or operator of an industrial facility shall be required to consider

pollution prevention techniques other than use reduction with regard to each hazardous

substance on the input-use exemption list. f. An owner or operator of an industrial facility shall not be required to include

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

plan progress report information pertaining to improvements in pollution prevention

for a production process established after January 1, 1992 until the first five-year

revision of the pollution prevention plan and pollution prevention plan summary prepared

for the industrial facility at which the production process is carried out after the

establishment of the production process, or until five years after the establishment

of the production process, whichever occurs later. Within 18 months of the effective date of this act, the department shall adopt,

pursuant to the “Administrative Procedure Act,” rules and regulations establishing

criteria for the identification of production processes subject to the provisions

of this subsection.