The New Jersey Pollution Prevention Act

New Jersey Technical Assistance Program for Industrial Pollution Prevention

New Jersey Technical Assistance Program
for Industrial Pollution Prevention

NJTAP Regulatory Pages
New Jersey Institute of Technology · A Research University

Home
Write Us
About NJTAP
Success Stories
P2 Information
Regulatory
Staff Bios
EnviroDaemon Search Engine
New Jersey EnviroDatabases
Links
WANTED!!
Reference


NJIT Home Page

The New Jersey Pollution Prevention Act

Introduction
The New Jersey Pollution Prevention Act was enacted in August of 1991. This act encourages the identification and implementation of techniques that minimize the need to use and generate hazardous substances in industrial activity. The rules developed to implement the Act, entitled the Pollution Prevention Program Requirements, took effect March 1, 1993. They are available from the Office of Pollution Prevention at the New Jersey Depatrment of Environmental Protection by calling (609)-777-0518.

The Act requires facilities to develop Pollution Prevention Plans to show that there are business opportunities in pollution prevention (P2), but it does not mandate that facilities implement any of them. These plans are to remain on site. In addition, Plan Summaries and Plan Progress Reports must be submitted. Plans and Plan Summaries (DEP-113's) must be completely revised by July 1 of the fifth year after initial preparation or submission and by July 1 of each fifth year thereafter. In addition, reports describing each facility's progress in achieving pollution prevention (P2) must be submitted annually by July 1 after the initial submission of the P2 Plan Summary. These reports are submitted on the DEQ-114 form.

What Facilities and Chemicals are Covered?
Facilities that are required to file at least one Form R under the federal Emergency Planning and Community Right-to-Know Act must complete a Pollution Prevention Plan in New Jersey. The chemicals that must be considered in P2 planning are those listed under SARA 313 for Toxic Release Inventory (TRI) reporting under EPCRA. Any TRI chemical used, processed, or manufactured in quantities greater than 10,000 pounds is subject to P2 planning and reporting even though, if it is manufactured by your firm in a quantity which is below EPCRA's 25,000 pound manufacturing threshold, it may not have to be reported on a Form R. To recapitulate, the TRI has two different thresholds: 10,000 lbs/yr for use and 25,000 lbs/yr for manufacture. If a facility must file a Form R for one or more chemicals, it is subject to the PPA rules. Once the PPA rules are applicable, the 10,000 pound per year threshold applies for both use and manufacture.

There are two groups of facilities, differentiated by Standard Industrial Classification (SIC) codes, which begin reporting on their P2 planning at different times.

Group one facilities are those which all under SIC codes 26, 28, 30, 33, and 34. They must have prepared a P2 plan and submitted a plan summary to NJDEP by July 1, 1994.
Group two facilities are those which fall under SIC codes 20, 21, 22, 23, 24, 25, 27, 29, 31, 32, 35, 36, 37, 38, and 39.

Required Documents and Forms
The P2 plan is to be a comprehensive document that remains at the facility. There is a guidance document available from the NJDEP's Office of Pollution Prevention, entitled Industrial Pollution Prevention Planning, which walks facilities through their requirements under the Pollution Prevention Act and provides recommendations and guidance.The NJDEP's Office of P2 can be reached at (609)-777-0518. A brief summary of key concepts addressed in this guidance document follows.

"DEFINITIONS"
Pollution Prevention: involves reducing or eliminating the need for hazardous substances per unit of product, or reducing or eliminating the generation of hazardous substances where they are generated within a process. This means minimizing the use and generation of hazardous substances within production processes so they never have the chance to be released into the work place or environment.

"FIVE CATEGORIES OF POLLUTION PREVENTION"

Input substitution: switch from a hazardous input to a nonhazardous one.
Product reformulation: alter the product, but not necessarily its function, so it requires less hazardous substance.
Efficiency improvement: change production processes so they use necessary hazardous substances more efficiently.
In-process recycling: send hazardous materials back into a process directly.
Housekeeping: find fugitive leaks, prevent spills, control losses from tanks, etc.

"TWELVE STEPS TO A SUCCESSFUL POLLUTION PREVENTION PROGRAM"

Understand Pollution Prevention
Establish a P2 policy
Choose a leader and establish a P2 team
Identify processes and sources
Group similar processes and sources
Inventory use and non-product output
Target production processes and sources for further analysis
Find and analyze P2 options
Develop numerical goals
Summarize your planned actions
Track and report your progress
Update your planning documents

P2 plans should consist of two parts. Section 4.3 through 4.5 of NJAC 7:1K-1 et seq. spells out the requirements for parts I and II of a pollution prevention plan. Information which should be considered includes the quantities of hazardous substances that enter a facility. These substances are spread among various processes as inputs. These inputs travel through process steps and leave processes as non-product output or as part of a product. Unless P2 measures are taken, the non-product output is either recycled out-of-process, treated, or allowed to escape as a fugitive emission. Eventually all hazardous substances leave the facility, completing the throughput cycle.

The elements of Part I of a Plan can be broken down into six categories:

Personnel information: an identification of those responsible for P2 planning at the facility and their certification of the Plan.
Facility-wide data: what hazardous substances the Plan covers and how those substances flow through the facility. This throughput data is also reported on the Release and Pollution Prevention Report (DEQ-114).
Process identification: what are the processes at the facility that involve hazardous substances, how much of what product do they make, and what is a unit associated with this amount.
Process-level inventory data: the use of each hazardous substance, the generation of non-product output, the amount recycled, and the amount released for each process.
Hazardous waste information: the wastes generated at each process and how they are handled.
A comprehensive financial analysis that explores the real costs of using and generating hazardous substances.

Part II of the plan is about finding and implementing pollution prevention measures. Additional information, not required in Part I, involves source level non-product output data and mass balances.

The second document that covered facilities must prepare is the Pollution Prevention Plan Summary, which is submitted on the forms (DEP 113's) provided by the NJDEP. The summary is a brief documentation of information contained in one full P2 plan that remains on-site at the facility. Both the summary and the full P2 plan are completed once every five years.

The third and final document, which must be submitted annually, is the NJ Release and Pollution Prevention Report, or the DEQ-114. This form is required by the NJDEP pursuant to the Worker and Community Rght-to-Know Act, the Pollution Prevention Act, and the regulations adopted pursuant to these state laws for any facility that is required to submit a Form R. For assistance with sections A and B of the DEQ-114, call the Bureau of Chemical Release Prevention at (609)-292-6714. For assistance with sections C and D, call the Office of Pollution Prevention at (609)-777-0518.

Back to Regulatory Compliance Self-Assessment

New Jersey Technical Assistance Program for Industrial Pollution Prevention ·
138 Warren Street · Newark, NJ 07102-1982 ·
Phone: 973-596-5864 · Fax: 973-596-6367 · Email: njtap@megahertz.njit.edu