ASSEMBLY, No. 1027

 

STATE OF NEW JERSEY

 

Introduced Pending Technical Review by Legislative Counsel

 

PRE-FILED FOR INTRODUCTION IN THE 1996 SESSION

 

 

By Assemblyman DiGAETANO

 

 

An Act concerning pollution prevention, and amending and supplementing P.L.1991, c.235 (C.13:1D-35 et seq.).

 

    Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

    1. Section 2 of P.L.1991, c.235 (C.13:1D-36) is amended to read as follows:

    2. The Legislature finds and declares that thousands of tons of a multitude of hazardous substances, the environmental and health effects of which are largely unknown, are discharged into the environment of the State each year; that most of these hazardous substances are legally discharged under the terms of air pollution, water pollution, and hazardous waste management permits that allow discharges of up to certain stipulated amounts; and that the discharge of these hazardous substances into air and water, onto the land, and into the workplaces and neighborhoods of the State constitutes an unnecessary risk to the environment and to occupational and public health.

    The Legislature further finds and declares that for the past two decades the State's major environmental regulatory efforts, to wit, the air pollution, water pollution, and hazardous waste management programs administered by the Department of Environmental Protection as directed and mandated under federal and State law, have focused on controlling or managing discharges of hazardous substances through permit systems and the installation of pollution control technologies; that the traditional system of separately regulating air pollution, water pollution, and hazardous waste management constitutes a fragmented approach to environmental protection and potentially allows pollution to be shifted from one environmental medium to another; and that while the traditional system has produced palpable improvements in the State's environmental quality, it does not adequately address the impact of the use of hazardous substances upon occupational health in pollution-generating industrial processes.

    The Legislature further finds and declares that the inherent limitations of the traditional system of pollution control should be addressed by a new emphasis on pollution prevention, including the prevention or reduction of [the use of hazardous substances in industrial and manufacturing processes] pollution at the source; that a rigorous accounting of the use of hazardous substances, the generation of hazardous substances as nonproduct [output], and the multimedia environmental release of hazardous substances at each step of an industrial process will identify the points at which, and the procedures by which, pollution can be prevented; that pollution prevention can be achieved through a more efficient and rational use of hazardous substances, or through the use of less hazardous substitute substances or processes less prone to produce pollution; and that a soundly planned pollution prevention program can be implemented without adversely affecting the State's economic health or the livelihood of those employed by industries that use and discharge hazardous substances.

    The Legislature further finds and declares that, consistent with the federal Environmental Protection Agency's formal embodiment of its pollution prevention strategy, recycling conducted in an environmentally sound manner shares many of the advantages of prevention, specifically those of energy and resource conservation, and reducing the need for end-of-pipe treatment or waste containment.

    The Legislature further finds and declares that this new policy emphasizing pollution prevention should be consistent with the national policy objectives set forth in the federal Pollution Prevention Act of 1990 (42 U.S.C.§13101 et seq.); that this State policy, like the federal policy, endorse a prioritized hierarchy of objectives, advocating that pollution should be prevented or reduced at the source whenever feasible, that pollution which cannot be prevented should be recycled in an environmentally safe manner whenever feasible, and that pollution which cannot be prevented or recycled should be treated in an environmentally safe manner whenever feasible.

    The Legislature further finds and declares that in structuring the program to implement this new policy, the State must recognize the significant, if not dominant, role batch processing plays in many New Jersey industrial and manufacturing facilities; and that the new program be designed to recognize and appraise that strategic reality.

    The Legislature therefore determines that it is in the interest of the environment and public and occupational health, and in the general public interest of all residents of the State, to transform the current system of pollution control to a system of pollution prevention; that it is in the public interest to propose as a State public policy goal a significant reduction over five years after the preparation of the pollution prevention plans required by this act, calculated on the basis of 1987 amounts, in the use of hazardous substances at industrial facilities, and a 50% reduction over five years after the preparation of the pollution prevention plans required by this act, calculated on the basis of 1987 amounts, be achieved in the generation of nonproduct and the release of hazardous substances [as nonproduct output] into the environment; that an Office of Pollution Prevention should be established in the Department of Environmental Protection, charged with implementing a comprehensive pollution prevention program and integrating the air pollution, water pollution, and hazardous waste management programs into the pollution prevention program; that the policy objectives of this new pollution prevention program reflect the prioritized hierarchy of policy objectives of prevention, recycling and safe treatment set forth in the federal Pollution Prevention Act of 1990 (42 U.S.C.§13101 et seq.); and that certain industries or facilities should be required to prepare and implement pollution prevention plans, pollution prevention plan summaries, and pollution prevention progress reports for the purpose of making pollution prevention a primary technique in the control of hazardous substances and their environmental and health effects.

(cf: P.L.1991, c.235, s.2.)

 

    2. Section 3 of P.L.1991, c.235 (C.13:1D-37) is amended to read as follows:

    3. As used in this act:

    "Base year" means the year 1987 for priority industrial facilities first required to prepare and submit a toxic chemical release form pursuant to 42 U.S.C.§11023 in that year; the year 1988 for priority industrial facilities first required to prepare and submit a toxic chemical release form pursuant to 42 U.S.C.§11023 in that year; the year 1989 for priority industrial facilities first required to prepare and submit a toxic chemical release form pursuant to 42 U.S.C.§11023 in that year; or the first calendar thereafter for which the industrial facility has appropriate toxic chemical release information and data, as the case may be; and, at the discretion of the owner or operator of an industrial facility, may be utilized in calculating the numerical and statistical comparisons and reductions for the supplemental pollution prevention plan program report that an owner or operator is permitted to submit pursuant to subsection g. of section 7 of P.L.1991, c.235 (C.13:1D-41).

    "Board" means the Pollution Prevention Advisory Board established pursuant to section 5 of this act.

    "Commissioner" means the Commissioner of the Department of Environmental Protection.

    "Consume" means to change or alter the molecular structure of a hazardous substance within a production process.

    "Department" means the Department of Environmental Protection.     "Facility" means all buildings, equipment, structures, and other property that are located on a single site or on contiguous or adjacent sites and that are owned or operated by the same person.

    "Facility-wide permit" means a single permit issued by the department to the owner or operator of a priority industrial facility incorporating the permits, certificates, registrations, or any other relevant department approvals previously issued to the owner or operator of the priority industrial facility pursuant to 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 appropriate provisions of the pollution prevention plan prepared by the owner or operator of the priority industrial facility pursuant to section 7 and section 8 of this act.

    "Hazardous substance" means any substance on the list established by the United States Environmental Protection Agency for reporting pursuant to 42 U.S.C.§11023, and any other substance which the department, pursuant to the provisions of subsection I. of section 8 of this act, defines as a hazardous substance for the purposes of this act.

    "Hazardous waste" means any solid waste defined as hazardous waste by the department pursuant to P.L.1970, c.39 (C.13:1E-1 et seq.).

    "Industrial facility" means any facility having a Standard Industrial Classification, as designated in the Standard Industrial Classification Manual prepared by the federal Office of Management and Budget, within the Major Group Numbers, Group Numbers, or Industry Numbers listed in subsection h. of section 3 of P.L.1983, c.315 (C.34:5A-3) and which is subject to the regulatory requirements of 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.).

    "Manufacture" means to produce, prepare, import, or compound a hazardous substance.

    "Multimedia release" means [the release of a hazardous substance to any environmental medium, or any combination of media, including the air, water or land] any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping, or disposing into the environment of any hazardous substance. "Multimedia release" also includes the abandonment or discarding of barrels, containers, and other closed receptacles containing any hazardous substance.

    ["Nonproduct output" means all hazardous substances or hazardous wastes that are generated prior to storage, recycling, treatment, control, or disposal and that are not intended for use as a product.] "Nonproduct" means a hazardous substance, other than a product, which results from manufacturing, extraction, servicing, processing, handling, or other activity, including emissions and process residues, which exits the process or processes prior to recycling, treatment, disposal or release.

    "Office" means the Office of Pollution Prevention established in the department pursuant to section 4 of this act.

    "Operator" means any person in control of, or exercising responsibility for, the daily operation of an industrial facility or a priority industrial facility.

    "Owner" means any person who owns an industrial facility or a priority industrial facility.

    "Person" means any individual, partnership, company, corporation, society, firm, consortium, joint venture, or any commercial or other legal entity.

    "Pilot facility" means a facility or designated area of a facility used for pilot-scale development of products or processes.

    "Pollution prevention" means, consistent with the federal Pollution Prevention Act of 1990 (42 U.S.C.§13101), a prioritized hierarchical environmental management strategy which provides that pollution should be prevented or reduced at the source whenever feasible, that pollution which cannot be prevented should be recycled in an environmentally safe manner whenever feasible, and that pollution which cannot be prevented or recycled should be treated in an environmentally safe manner whenever feasible.[: changes in production technologies, raw materials or products, that result in the reduction of the demand for hazardous substances per unit of product manufactured and the creation of hazardous products or nonproduct outputs; or changes in the use of raw materials, products, or production technologies that result in the reduction of the input use of hazardous substances and the creation of hazardous by-products or destructive results; or on-site facility changes in production processes, products, or the use of substitute raw materials that result in the reduction of the amount of hazardous waste generated and disposed of on the land or hazardous substances discharged into the air or water per unit of product manufactured prior to treatment, and that reduce or eliminate, without shifting, the risks that the use of hazardous substances at an industrial facility pose to employees, consumers, and the environment and human health. "Pollution prevention" shall include, but need not be limited to, raw material substitution, product reformulation, production process redesign or modification, in-process recycling, and improved operation and maintenance of production process equipment. "Pollution prevention" shall not include any action or change entailing a substitution of one hazardous substance, product or nonproduct output for another that results in the creation of substantial new risk, and shall not include treatment, increased pollution control, out-of-process recycling, or incineration, except as otherwise provided pursuant to subsection f. of section 7 of this act.]

    "Pollution prevention plan" means a plan required to be prepared by an industrial facility pursuant to the provisions of section 7 of this act.

    "Pollution prevention plan progress report" means a report required to be submitted annually to the department by the owner or operator of an industrial facility pursuant to the provisions of section 7 of this act.

    "Pollution prevention plan summary" means a summary of a pollution prevention plan required to be prepared by an industrial facility and submitted to the department pursuant to the provisions of section 7 of this act.

    "Priority industrial facility" means any industrial facility required to prepare and submit a toxic chemical release form pursuant to 42 U.S.C.§11023, or any other facility designated a priority industrial facility pursuant to rules and regulations adopted by the department pursuant to the provisions of subsection h. of section 8 of this act.

    "Priority production process" means a production process identified by an owner or operator pursuant to paragraph (6) of subsection b. of section 7 of P.L.1991, c.235 (C.13:1D-41).

    "Process" means the preparation of a hazardous substance, after its manufacture, for sale or use in the same form or physical state, or in a different form or physical state, as that in which it was received at the industrial facility where it is processed, or as part of an article or product containing the hazardous substance.

    "Product" means a desired result of a production process that is used as a commodity in trade in the channels of commerce by the general public in the same form as it is produced.

    "Production process" means a process, line, method, activity or technique, or a series or combination of processes, lines, methods or techniques used to produce a product or reach a planned result.

    "Recycling" means a process by which nonproducts are collected, separated, or processed and are returned to the economy as raw materials or products.

    "Research and development laboratory" means a facility or a specially designated area of a facility used primarily for research, development, and testing activity, and not primarily involved in the production of goods for commercial sale, in which hazardous substances are used by, or under, the direct supervision of a technically qualified person.

    "Source" means a point or location in a production process at which [a nonproduct output is generated or released, provided, however, that similar, related, or identical kinds of sources may be considered a single source for the purposes of this act] nonproduct exits the production process prior to recycling, treatment, control or disposal.

    "Source reduction" means any practice which (1) reduces the amount of any hazardous substance, pollutant, or contaminant entering into the environment, including fugitive emissions, prior to recycling, treatment, or disposal and (2) reduces the hazards to public health and the environment that are associated with the release of such substances, pollutants or contaminants. "Source reduction" includes: equipment or technology modifications; process or procedure modifications; reformulation or redesign or products; substitution of raw materials; and improvements in housekeeping, maintenance, training or inventory control. "Source reduction" shall not include any practice which alters the physical, chemical or biological characteristics or the volume of a hazardous substance, pollutant, or contaminant through a process or activity which itself is not integral to and necessary for the production of a product or the providing of a service.

    ["Targeted production process" means any production process which significantly contributes to the use or release of hazardous substances or the generation of hazardous waste or nonproduct output, as determined by the owner or operator of an industrial facility pursuant to criteria established by the department.]

    ["Targeted source" means any source which significantly contributes to the generation of nonproduct output, as determined by the owner or operator of an industrial facility pursuant to criteria established by the department.]

    "Use" means to process or otherwise use a hazardous substance.

    "Violation of this act" means a violation of any provision of this act, or any rule or regulation, administrative order, or facility-wide permit adopted or issued pursuant thereto.

(cf: P.L.1991, c.235, s.3)

 

    3. Section 6 of P.L.1991, c.235 (C.13:1D-40) is amended to read as follows:

    6. 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. Those rules and regulations, consistent with the national policy objectives set forth in the federal Pollution Prevention Act of 1990 (42 U.S.C.§13101 et seq.), shall endorse a prioritized hierarchy of objectives, advocating that pollution should be prevented or reduced at the source whenever feasible, that pollution which cannot be prevented should be recycled in an environmentally safe manner whenever feasible, and that pollution which cannot be prevented or recycled should be treated in an environmentally safe manner whenever feasible. Those rules and regulations also shall recognize the significant, if not dominant, role batch processing plays in many New Jersey industrial and manufacturing facilities, and shall include specific provisions to address the particular characteristics associated with, and integral to, batch processing.

    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] will result in a significant reduction in the use or release of hazardous substances or the generation of [hazardous waste or nonproduct output] nonproducts 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] certify, 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.

(cf: P.L.1991, c.235, s.6)

 

    4. Section 7 of P.L.1991, c.235 (C.13:1D-41) is amended to read as follows:

    7. a. The information required by the department in [a] an initial pollution prevention plan shall cover the previous calendar year and shall be [reported] prepared 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] nonproducts 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, 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] comply with the requirements 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] For the industrial facility, a copy of the environmental survey prepared and submitted pursuant to the provisions of P.L.1983, c.315 (C.34:5A:1 et seq.);

    (4) [The chemical identity and Chemical Abstract Service (CAS) number of each hazardous substance manufactured, stored or used at the industrial facility] The operator shall identify which of those production processes are priority production processes and which are not and shall indicate why each such process was categorized as such.;

    (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] A description of those priority production processes, including a general process flow diagram;

    (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] For each priority production process the following information should be provided for each hazardous substance:

    (i) An estimate of the annual input, accumulation, consumption, product and nonproduct quantities, and

    (ii) An estimate of the annual quantity of multimedia releases;

    (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] An identification of significant sources of nonproduct for each hazardous substance within each priority production process; and

    (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;] For each significant source within a priority production process, an estimate of the annual quantity of nonproduct.

    (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;](Deleted by amendment, P.L. , c. )

    (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;](Deleted by amendment, P.L. , c. )

    (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;](Deleted by amendment, P.L. , c. )

    (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 nonproduct 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;](Deleted by amendment, P.L. , c. )

    (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;](Deleted by amendment, P.L. , c. )

    (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;](Deleted by amendment, P.L. , c. )

    (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;](Deleted by amendment, P.L. ,c. )

    (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] (Deleted by amendment, P.L. , c. )

    (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 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.](Deleted by amendment, P.L. , c. )

    c. The information required by the department in Part II of a pollution prevention plan shall consist of information concerning [targeted] priority 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 nonproduct, and the multimedia release of [each] each hazardous substance;

    (2) For each [targeted] priority production process, the industrial facility's five-year numeric goals for reducing the use of each hazardous substance per unit of [product] production in the [targeted] priority production process, and for reducing the generation [as nonproduct output of each hazardous substance] of each nonproduct per unit of production in the priority production process, and the multimedia release of each hazardous substance per unit of [product] production in the [targeted] priority production process;

    (a) In this component, the operator shall identify those hazardous substances and nonproducts by their chemical identity and Chemical Abstract Service (CAS) number;

    (3) [A description of each targeted production process and targeted source;]An identification of those priority production processes for which pollution prevention strategies will be implemented, including the basis for selecting those particular strategies;

    (4) [An identification, for] For each [targeted] priority production process [and targeted source], an identification of [available reduction options, including] the procedures, technologies and equipment, that [may substantially reduce the use and generation of hazardous substances] will be installed or undertaken to achieve the reduction goals set forth in paragraph (2) of this subsection;

    (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;](Deleted by amendment, P.L. , c.)

    (6) A description, for each [targeted] priority 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;](Deleted by amendment, P.L. , c. )

    (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] (Deleted by amendment, P.L. , c. )

    (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.](Deleted by amendment, P.L. , c. )

    (10) A comprehensive estimate of the costs associated with the use, generation, release, or discharge of hazardous substances and nonproducts which occur as a result of current production processes at the industrial facility, including the costs of generation of nonproduct, the saving realized by investments in pollution prevention and the more efficient use of raw materials, the cost of the treatment and disposal of nonproduct, and the cost of liability insurance.

    (a) The cost estimate required in this component is intended to provide the operator with an understanding of the overall financial impact and benefits of the project and to encourage operators to explore additional pollution prevention options. Nothing in this paragraph shall be construed to require that an operator evaluate every available pollution prevention option when preparing this cost estimate.

    (11) A calculation of the reduction or increase in the use of each hazardous substance per comparable unit of production in each priority production process in comparison to the use of each hazardous substance per unit of production in each priority production process reported in the pollution prevention plan for the previous year, including an indication if the calculation is an estimate; and

    (12) A calculation of the reduction or increase in the amount of each hazardous substance generated as nonproduct from each priority production process per comparable unit of product, and in the amount of each nonproduct generated at each priority production process per unit of product, in comparison to the amounts reported in the pollution prevention plan for the previous year.

    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 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.](Deleted by amendment, P.L. , c. )

    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.](Deleted by amendment, P.L. , c. )

    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 , for the comparisons and summary assessments required under this subsection, utilize the immediate preceding calendar year; provided, however, that an owner or operator also may submit, in addition to the initial pollution prevention plan progress report required pursuant to this subsection, a supplemental pollution prevention plan progress report in which the comparisons and summary assessments are calculated upon the base year. The report, and any supplemental report determines to submit, 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] For the industrial facility as a whole, the reduction, stated as a percentage, in the use of hazardous substances per unit of production in comparison to the immediate preceding calendar year and to the goal contained in the pollution prevention plan summary;

    (2) [An indication of the method used to achieve each reduction listed pursuant to paragraph (1) of this subsection] For the industrial facility as a whole, the reduction, stated as a percentage, in the release of each hazardous substance per unit of production in comparison to the immediate preceding calendar year and to the goal contained in the pollution prevention plan summary;

    (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] For the industrial facility as a whole, the reduction, stated as a percentage, in the generation of each nonproduct per unit of production in comparison to the immediate preceding calendar year and to the goal contained in the pollution prevention plan summary;

    (4) For each priority production process, the reduction, stated as a percentage, in the use of each hazardous substance per unit of production in comparison to the immediate preceding calendar year and to the goal contained in the pollution prevention plan summary;

    (5) For each priority production process, the reduction, stated as a percentage, in the generation of nonproduct per unit of production in comparison to the immediate preceding calendar year and to the goal contained in the pollution prevention plan summary;

    (6) For each priority production process, the reduction, stated as a percentage, in the release of hazardous substances per unit of production in comparison to the immediate preceding calendar year and to the goal contained in the pollution prevention plan summary;

    (7) [An] A summary of the industrial facility's progress toward achieving its five year reduction goals and an explanation of why the industrial facility's annual progress may be less or greater than that anticipated in the pollution prevention plan [time schedule for implementation] summary; [and

    (5)](8) A description of pollution prevention techniques, methods, equipment, or other steps that the owner or operator of the industrial facility intends to undertake, implement or install during the forthcoming year [at a targeted production process level];

    (9) Any significant changes at the industrial facility that affect the pollution prevention plan and the impact of such changes on the industrial facility's pollution prevention reduction goals; and

    (10) A summary of the industrial facility's progress toward achieving its five year reduction goals and identified in the following prioritized hierarchy: (a) source reduction, (b) recycling, and © treatment.

    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 as a whole, the industrial facility's five-year numeric goal for reducing the use of each hazardous substance, for reducing the multimedia release of each hazardous substance, and for reducing the generation of [each nonproduct output] each nonproduct;

    (2) For each [targeted] priority production process, the industrial facility's five-year numeric goals for reducing the use of each hazardous substance per unit of production, for reducing the multimedia release of each hazardous substance per unit of production, and for reducing the generation of [nonproduct output] each nonproduct per unit of [product in the targeted] production [process];

    (3) A description of each [targeted] priority production process [and targeted source];

    (4) A description, for each [targeted] priority production process, of the [techniques the owner or operator of the industrial facility intends to undertake during the next five years] procedures technologies, and equipment that will be installed or implemented 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, 5000 pounds to 10,000 pounds, or greater than 10,000 pounds] (Deleted by amendment, P.L. , c. );

    (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;

    (8) The following information for priority and non-priority production processes: identification number, four-digit SIC code, and hazardous substances involved in the process;

    (9) A certification by the highest ranking corporate official with operating responsibility at the industrial facility that he has reviewed and is familiar with 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 to comply with the requirement of P.L. 1991, c.235 (C.13:1D-35 et seq.); and

    (10) 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 with operating responsibility for the industrial facility, and of a non-management employee representative at 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.

(cf: P.L.1991, c.235, s.7)

 

    5. Section 8 of P.L.1991, c.235 (C.13:1D-42) is amended to read as follows:

    8. a. The owner or operator of each priority industrial facility having a Standard Industrial Classification, as designated by the federal Office of Management and Budget, within Major Group Numbers 26, 28, 30, 33 and 34, shall prepare a pollution prevention plan and submit a pollution prevention plan summary to the department on or before July 1, 1994.

    b. The owner or operator of each priority industrial facility, other than those priority industrial facilities enumerated in subsection a. of this section, shall prepare a pollution prevention plan and submit a pollution prevention plan summary to the department on or before July 1, 1996.

    c. The owner or operator of a priority industrial facility shall maintain a copy of the pollution prevention plan for the facility at the facility, where it shall be available for inspection by the department.

    d. [The owner or operator of a priority industrial facility shall annually update the information required to be reported pursuant to paragraphs (13) through (17) of subsection b. of section 7 of this act. The owner or operator of a priority industrial facility shall update the information required to be reported in paragraphs (1) through (12) of subsection b. of section 7 of this act, and pursuant to subsection h. of section 7 of this act, if a significant change in the operation of the priority industrial facility occurs, including the cessation or major expansion of a production process, the installation or removal of primary components of a production process, or the use or release of a hazardous substance, or the generation of a hazardous waste, which was not used, released, or generated when the initial pollution prevention plan was completed.](Deleted by amendment, P.L. , c. )

    e. The owner or operator of a priority industrial facility shall prepare a complete revision of a pollution prevention plan by July 1 of the fifth year after the year of the initial completion of the pollution prevention plan, and by July 1 of each fifth year thereafter.

    f. The owner or operator of a priority industrial facility shall prepare and submit to the department a complete revision of a pollution prevention plan summary by July 1 of the fifth year after the year of the initial completion of the pollution prevention plan summary, and by July 1 of each fifth year thereafter.

    g. The owner or operator of a priority industrial facility shall prepare and submit to the department, on July 1 of each year after the year of the initial completion of a pollution prevention plan or the year of a complete revision of the pollution prevention plan, a pollution prevention plan progress report that indicates the progress made in the previous year in [complying with] comparison to the pollution prevention goals set forth in the initial pollution prevention plan summary, or revised pollution prevention plan summary, as appropriate.

    h. After January 1, 1995, the department, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), may adopt rules and regulations designating as priority industrial facilities industrial facilities other than those designated as priority industrial facilities pursuant to section 3 of this act, if such rules and regulations have been authorized by law. At least one year prior to the final adoption of any rules and regulations designating proposed priority industrial facilities pursuant to this subsection, the department shall submit to the Legislature a list of the proposed priority industrial facilities.

    i. The department may adopt, pursuant to the "Administrative Procedure Act," rules and regulations establishing criteria for the inclusion of hazardous substances in pollution prevention plans, pollution prevention plan summaries, and pollution prevention plan progress reports other than the hazardous substances on the list established pursuant to 42 U.S.C.§11023, which criteria shall include a consideration of the toxicity of a substance, evidence of the production of the substance in commercial quantities, and prior regulation as a hazardous substance pursuant to P.L.1976, c.141 (C.58:10-23.11 et seq.), section 4 of P.L.1985, c.403 (C.13:1K-22), or 42 U.S.C.§9601. The department shall not adopt any rules and regulations pursuant to this section unless authorized by law.

(cf: P.L.1991, c.235, s.8)

 

    6. Section 9 of P.L.1991, c.235 (C.13:1D-43) is amended to read as follows:

    9. a. The department shall have the authority to require the owner or operator of a priority industrial facility to prepare [and submit] a pollution prevention plan and to prepare and submit a pollution prevention plan summary and pollution prevention plan progress report to the department.

    b. The department shall have the authority to approve a pollution prevention plan, pollution prevention plan summary, or pollution prevention plan progress report prepared pursuant to this act and require the owner or operator of a priority industrial facility to make any revisions or modifications of a pollution prevention plan, pollution prevention plan summary, or pollution prevention plan progress report necessary for compliance with the provisions of this act, as determined by the department pursuant to rules and regulations adopted pursuant to section 6 of this act. In reviewing a pollution prevention plan, pollution prevention plan summary, or pollution prevention plan progress report, the department shall have the authority to require an owner or operator of a priority industrial facility to provide [such] information [as the department deems necessary] to support the owner or operator's identification of [a targeted production process or targeted source] a priority production process. If the department requires the owner or operator of a priority industrial facility to make revisions or modify a pollution prevention plan, pollution prevention plan summary, or pollution prevention plan progress report, the department shall consider the financial impact on the owner or operator of the priority industrial facility of the changes or modifications.

    c. At the time of an initial application for, or renewal of, any permit, certificate, registration, or any other relevant department approval issued to the owner or operator of a priority 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.), the department may require that the permit, certificate, registration or approval include the applicable pollution prevention strategies as set forth in the pollution prevention plan or pollution prevention plan summary prepared for the priority industrial facility pursuant to this act, or may require, as a condition of issuing a permit, certificate, registration, or any other relevant department approval to the owner or operator of a priority 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.), that the owner or operator of the priority industrial facility prepare a pollution prevention plan and submit a pollution prevention plan summary to the department.

    d. The department may revoke, issue, reissue, or modify any permit, certificate, registration, or any other relevant approval issued to the owner or operator of a priority industrial facility by the department 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.) for the purpose of issuing a facility-wide permit[, or requiring more stringent emission or effluent levels based on pollution prevention strategies contained in the pollution prevention plan prepared by the owner or operator of the priority industrial facility]. Any action taken by the department pursuant to this subsection to revoke, issue, reissue, or modify any permit, certificate, registration, or other departmental approval may be appealed pursuant to the provisions of 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.), as appropriate.

(cf: P.L.1991, c.235, s.9)

 

    7. Section 10 of P.L.1991, c.235 (C.13:1D-44) is amended to read as follows:

    10. a. The department, pursuant to the criteria established in rules and regulations adopted pursuant to subsection c. of section 6 of this act, may direct the owner or operator of an industrial facility which is not designated a priority industrial facility pursuant to section 3 or subsection h. of section 8 of this act, to prepare a pollution prevention plan for the industrial facility and to submit a pollution prevention plan summary and pollution prevention plan progress report to the department. An owner or operator of an industrial facility directed to prepare a pollution prevention plan, pollution prevention plan summary, and pollution prevention plan progress report pursuant to this subsection shall prepare the pollution prevention plan, submit the pollution prevention plan summary to the department within 18 months of receipt of the department's directive, and shall annually submit to the department a pollution prevention plan progress report.

    b. The department shall have the authority to approve a pollution prevention plan, pollution prevention plan summary, or pollution prevention plan progress report prepared pursuant to this section, and to require the owner or operator of an industrial facility to make any revisions or modifications in a pollution prevention plan or pollution prevention plan summary necessary for compliance with the provisions of this act, as determined by the department pursuant to rules and regulations adopted pursuant to section 6 of this act. In reviewing a pollution prevention plan, pollution prevention plan summary, or pollution prevention plan progress report, the department shall have the authority to require an owner or operator of an industrial facility to provide [such] information [as the department deems necessary] to support the owner or operator's identification of a [targeted production process or targeted source] priority production process. If the department requires the owner or operator of an industrial facility to make revisions or modify a pollution prevention plan, pollution prevention plan summary, or pollution prevention plan progress report, the department shall consider the financial impact on the owner or operator of the industrial facility of the changes or modifications.

    c. At the time of an initial application for, or an application for the renewal of, any permit, certificate, registration, or any other relevant approval issued by the department 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.) to the owner or operator of an industrial facility that has been directed by the department to prepare a pollution prevention plan and pollution prevention plan summary pursuant to subsection a. of this section, the department may require that the permit, certificate, registration, or approval include the applicable pollution prevention strategies as set forth in the pollution prevention plan or pollution prevention plan summary prepared for the industrial facility.

    d. The department may revoke, issue, reissue, or modify any permit, certificate, registration, or any other relevant approval issued by the department 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.) to the owner or operator of an industrial facility that has been directed by the department to prepare a pollution prevention plan and pollution prevention plan summary pursuant to subsection a. of this section for the purpose of including the applicable pollution prevention strategies as set forth in the pollution prevention plan or pollution prevention plan summary prepared for the industrial facility. Any action taken by the department pursuant to this subsection to revoke, issue, reissue, or modify any permit certificate, registration, or other department approval may be appealed pursuant to the provisions of 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.), as appropriate.

(cf: P.L.1991, c.235, s.10)

 

    8. Section 11 of P.L.1991, c.235 (C.13:1D-45) is amended to read as follows:

    11. The department shall conduct research on pollution prevention trends within each of the Standard Industrial Classification industry groups represented by priority industrial facilities. This research shall include an analysis of information contained in pollution prevention plan summaries prepared and submitted to the department by owners or operators of priority industrial facilities[, and may include an analysis of pollution prevention plans]. Within five years of the effective date of this act, the department shall prepare and submit to the Governor and the Legislature, and shall make available to the public, a [pollution prevention profile] report [for each of the Standard Industrial Classification industry groups represented by priority industrial facilities] that summarizes the department's research on each industry group, and, if warranted by the research, that recommends any administrative or legislative action necessary to [increase] improve the pollution prevention [activities at priority industrial facilities] program.

(cf: P.L.1991, c.235, s.11)

 

    9. Section 13 of P.L.1991, c.235 (C.13:1D-47) is amended to read as follows:

    13. a. Any owner or operator of an industrial facility required to prepare a pollution prevention plan and submit to the department a pollution prevention plan summary may omit from the pollution prevention plan or pollution prevention plan summary the specific chemical identity of a hazardous substance about which information is required, and include instead the generic class or category of the hazardous substance, or may omit any other information required to be disclosed, if the owner or operator files with the department a trade secret claim pursuant to this section.

    b. Any owner or operator of an industrial facility omitting information from a pollution prevention plan or pollution prevention plan summary pursuant to this section shall submit to the department, accompanied by the pollution prevention plan summary, a trade secret claim in which the owner or operator of the industrial facility provides the commissioner with [the information omitted, and] a statement demonstrating that the information omitted meets the criteria for a valid trade secret established pursuant to subsection c. of this section. [The trade secret claim shall include the information omitted from the pollution prevention plan or pollution prevention plan summary, and the commissioner shall maintain this information on a confidential basis. Any trade secret claim made pursuant to this section which the department determines is false or frivolous shall be considered a violation of this act.]

    c. No owner or operator of an industrial facility shall omit information from a pollution prevention plan or pollution prevention plan summary unless the owner or operator can demonstrate that:

    (1) The information has not been disclosed to any other person other than to a person bound by a confidentiality agreement;

    (2) The owner or operator has taken all reasonable measures necessary to protect the secrecy of the information;

    (3) The information is not required to be disclosed, or to be otherwise made available, to the public pursuant to any other federal or State law; and

    (4) Disclosure of the information would be likely to cause the owner or operator substantial economic disadvantage or harm[; and].

    (5) [The information is not readily discoverable through reverse engineering or other analytical techniques.](Deleted by amendment, P.L. , c. )

    d. The department [shall] may act to make a determination on the validity of a trade secret claim when a request is made by any person for the disclosure of the information for which the trade secret claim was made, or at any time that the department deems appropriate. Upon making a determination [on] to investigate the validity of a trade secret claim, the department shall inform the owner or operator of the affected industrial facility of the determination by certified mail, and shall request the information necessary to make a final determination of the validity of the claim. The owner or operator shall submit the information requested by the department to the department in an envelope marked "confidential," which the department shall keep in a locked file or room during the pendency of the trade secret claim. If the department determines that the owner or operator's trade secret claim is not valid, the owner or operator shall have 45 days from the receipt of the department's determination to file with the department a written request for an administrative hearing on the determination. If the owner or operator does not file such a request within 45 days, the department shall take action to provide that the information for which the trade secret claim was made be disclosed pursuant to the provisions of this act. If an owner or operator requests an administrative hearing pursuant to the provisions of this subsection, the department shall refer the matter to the Office of Administrative Law for a hearing thereon. At the hearing, the owner or operator shall have the burden to show that the trade secret claim is valid. Within 45 days of receipt of the administrative law judge's recommendation, the department shall affirm, reject, or modify the recommendation. The department's action shall be considered the final agency action for the purposes of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), and shall be subject only to judicial review as provided in the Rules of Court. The department shall inform the owner or operator of its decision on the administrative law judge's recommendation by certified mail. If the department determines that the trade secret claim is not valid, the owner or operator shall have 45 days to notify the department in writing that he has filed an appeal of the department's decision in the courts. If the owner or operator does not so notify the department, the department shall take action to provide that the information for which the trade secret claim was made be disclosed pursuant to the provisions of this act.

    e. The department shall provide any information for which a trade secret claim is pending or has been approved pursuant to this section to a physician or osteopath when such information is needed for medical diagnosis or treatment. The department shall require the physician or osteopath to sign an agreement protecting the confidentiality of information disclosed pursuant to this subsection.

    f. Any pollution prevention plan summary containing information for which a trade secret claim is pending or has been approved shall be made available to the public with that information omitted.

    g. The subject of any trade secret claim pending or approved shall be treated as confidential information. Confidential information shall be kept in a locked file within a locked room at the department, and shall not be duplicated by any person, including any employee of the department. The department shall maintain a record of all persons obtaining access to the confidential information, including the date and time of, and the reasons for, the access. Except as provided in subsection e. of this section, the department shall not disclose any confidential information to any person except an officer or employee of the State in connection with the official duties of the officer or employee under any law for the protection of public health, or to the contractors of the State and their employees if, in the opinion of the department, the disclosure is necessary for the completion of any work contracted for in connection with the implementation of this act. Any officer or employee of the State, contractor of the State, physician, or osteopath who has access to any confidential information, and who willingly and knowingly discloses the confidential information to any person not authorized to receive it, is guilty of a crime of the third degree.

    h. [The commissioner shall not approve any trade secret claim for any information which the Administrator of the United States Environmental Protection Agency has determined is not a trade secret pursuant to 42 U.S.C.§11042 or 42 U.S.C.§6921.](Deleted by amendment, P.L. , c. )

    i. An owner or operator of an industrial facility may not claim the following information as a trade secret:

    (1) The chemical name, identity, and amounts of any hazardous substance discharged into the air or the surface or ground waters of the State or into a wastewater treatment system, the chemical identity and amounts of hazardous waste generated, or the location of a discharge or generation; or

    (2) Hazards to health or the environment posed by any hazardous substance at an industrial facility, and potential routes of human exposure to a hazardous substance.

    j. The information for which a trade secret claim is made pursuant to this section may be used by the department in general compilations of information based on industry groups or classifications of hazardous substances, or for the conducting of research and preparation of the reports required pursuant to section 9 of this act if this use does not identify the specific industrial facility or priority industrial facility for which the information was reported.

(cf: P.L.1991, c.235, s.13)

 

    10. Section 16 of P.L.1991, c.235 (C.13:1D-50) is amended to read as follows:

    16. a. There is established in the department a nonlapsing fund to be known as the "Pollution Prevention Fund," hereinafter referred to as "the fund." The fund shall be credited with all fees imposed and collected by the Department of Labor pursuant to paragraph (2) of subsection b. of section 26 of P.L.1983, c.315 (C.34:5A-26), and with all penalties collected for violations of this act, and with any other monies that may be made available, or appropriated, to the department for the implementation of this act. [Monies] Except as otherwise provided is subsection b. of this section, the monies in the fund shall be used by, and are hereby appropriated to, the department solely for the purpose of implementing the provisions of this act.

    b. There shall be appropriated annually from the fund $400,000 to the department to be made available to the New Jersey Institute of Technology as an annual grant to implement and advance the purposes of the Technical Assistance Program.

(cf: P.L.1991, c.235, s.16.)

 

    11. (New section) The department shall submit a report to the Governor and the Legislature on the amendatory changes to P.L.1991, c.235 (C.13:1D-35 et seq.) effectuated by P.L. , c. (now pending before the Legislature as this bill). The report shall be prepared and delivered to the Governor and Legislature following the submission of the reports which owners and operators are required to file with the department by July 1, 1995.

 

    12. This act shall take effect immediately.

 

 

STATEMENT

 

    This bill amends and supplements the "Pollution Prevention Act," P.L.1991, c.235 (C.13:1D-35 et seq.) to:

    ∙Provide that the State's pollution prevention policy be consistent with the federal Pollution Prevention Act of 1990 (42 U.S.C.§13101) and direct that the State establish a prioritized hierarchy of policy objectives which mirror federal policy by providing that pollution should be prevented or reduced at the source whenever feasible, that pollution which cannot be prevented should be recycled in an environmentally safe manner whenever feasible, and pollution which cannot be prevented or recycled should be treated in an environmentally safe manner whenever feasible;

    ∙Recognize the significant, if not dominant, role batch processing plays in many New Jersey industrial and manufacturing facilities and instruct the Department of Environmental Protection (DEP) to promulgate rules and regulations which address the particular characteristics associated with, and integral to, batch processing;

    ∙Assert that while prevention or reduction of pollution at its source when feasible is preferable, recycling is a legitimate and acceptable pollution prevention strategy because, when conducted in an environmentally sound manner, it shares many of the advantages of prevention, specifically those of energy and resource conservation, and reducing the need for end-of-pipe treatment or waste containment;

    ∙Clarify that in Part 1 of a pollution prevention plan the owner or operator of an industrial facility must provide a copy of the environmental survey prepared and submitted by the employer pursuant to P.L.1983, c.315 (C.34:5A-1 et seq.). In addition, the operator must identify which production processes are priority production processes, which are not, and why each was categorized as such. For each priority production process, the operator is to estimate (1) the annual input, accumulation, consumption, product and nonproduct quantities and (2) the annual quantity of multimedia releases for each hazardous substance. The operator is also to identify the significant sources of nonproduct for each hazardous substance within each priority production process. For each significant source within a priority production process, the operator is to provide an estimate of the annual quantity of nonproduct;

    ∙Clarify that that Part II of the pollution prevention plan is to focus on priority production processes and is to include, for each such process, the facility's five year numeric goals for reducing the use of each hazardous substance per unit of production, for reducing the generation of nonproducts per unit of production, and for reducing the multimedia release of hazardous substances per unit of production. Part II of the plan also is to include an identification of the procedures, technologies and equipment that will be installed or undertaken to achieve the facility's reduction goals. To provide the operator with an understanding of the overall financial impact and benefits of pollution prevention, the substitute requires the operator prepare a comprehensive cost estimate. The substitute specifies, however, that this requirement is not to be construed to mandate that an operator evaluate every available pollution prevention option when preparing a cost estimate;

    ∙Clarify that owners and operators are to use the immediate preceding calendar year for calculating the comparisons and summary assessments required in their pollution prevention plan progress reports, but permits those owners and operators to submit, concurrent with their initial progress report, a supplemental pollution prevention plan progress report in which the owner or operator may utilize the earliest toxic chemical release information and data available for the facility to calculate the comparisons and summary assessment that appear in the supplemental progress report;

    ∙Establish content and information requirements for the various pollution prevention plans, pollution prevention plan progress reports and pollution prevention plan summaries owners and operators are required to prepare which are more closely parallel to one another; and

    Several new terms are added to the "Pollution Prevention Act" and the definitions of some of the existing terms are amended. "Nonproduct," for example, has replaced "nonproduct output." "Nonproduct" is defined as any hazardous substance, other than a product, which results from manufacturing, extraction, servicing, processing, handling, or other activity, including emissions and process residues, which exits the process or processes prior to recycling, treatment, disposal or release. "Recycling" is another new term that is added to the law under the bill. "Recycling" is defined as a process by which nonproducts are collected, separated, or processed and are returned to the economy as raw materials or products. Also added is the term "source reduction," which is any practice that (1) reduces the amount of any hazardous substance or pollutant entering the environment prior to recycling, treatment or disposal, and (2) reduces the hazards to public health and the environment that are associated with the release of hazardous substances or pollutants.

     The definition of "pollution prevention" is amended to incorporate language to make it mirror the prioritized hierarchical environmental management strategy set forth in the federal Pollution Prevention Act of 1990 (42 U.S.C.§13101).

    The definition of "source" also is amended. "Source" now means a point or location in a production process at which nonproduct exits the production process prior to recycling, treatment, control or disposal.

    Section 16 of "Pollution Prevention Act" (P.L.1990, c.238; C.13:1D-50) is amended to direct that an annual appropriation of $400,000 from the "Pollution Prevention Fund" be provided as an annual grant to the New Jersey Institute of Technology and is to be used to implement and advance the purposes of the Technical Assistance Program.

    Finally, the department is required to submit a report to the Governor and the Legislature on the changes the bill makes to the pollution prevention program.

 

 

 

Revises "Pollution Prevention Act."