Trends Under New Jersey’s Pollution Prevention Act Alan Bookman Office of Pollution Prevention & Right to Know NJDEP September 29, Northeast Environmental Summit Providence, Rhode Island

New Jersey Pollution Prevention Act §Signed into law August 1991 §Adopted the concept of Nonproduct Output (NPO) as all hazardous substances or wastes generated prior to storage, recycling, treatment, control or disposal that are not intended for use as a product

New Jersey Pollution Prevention Act §Goal was to reduce hazardous substance NPO generation by 50% & achieve a significant reduction in use over the next five years, calculated on the basis of 1987 amounts §Covered all facilities required to submit TRI Forms §SICs 26,28,30,33 and 34 required to prepare P2 plans by 7/1/94 26-Paper and Allied Products; 28-Chemicals and Allied Products; 30-Rubber and Miscellaneous Plastic Products; 33- Primary Metal Products; 34 Fabricated Metal Products

Planning process is key § Identification of processes and sources at the facility is the first step in a detailed process audit and materials accounting of current practices described in the P2 Plan.

New Jersey Worker and Community Right to Know Act §Signed into law August 1983 §Required facilities to report detailed materials balance information ( quantity produced, brought on site, consumed, shipped off site as or in product, environmental releases) §All TRI reporters must also submit the NJ Release and Pollution Prevention Report

Pollution Prevention = §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 Output (NPO)

Definition of NPO (NJ P2 rule) NPO = Recycled out of process and reused on site + Destroyed through treatment on site + Destroyed through energy recovery on site + Stack air emissions + Fugitive air emissions + POTW discharges + Surface water discharges + Groundwater discharges + On-site land disposal + Off-site transfers + Ending inventory (as NPO) - Beginning inventory (as NPO)

Industrial Pollution Prevention Trends in New Jersey December 1996 Michael Aucott, Debra Wachpress, Jeanne Herb

Findings §Extrapolating back to 1987 indicated that it is very likely that the Statewide Goal of 50% reduction for NPO was achieved §Compliance with NJ P2 rules was about 85%

Trends Report §Bill Lowry §Steve Anderson §Ken Ratzman §Fu Grand Lin §Andy Opperman

Trends Report §Used Production Index from Form R to adjust for production §PI = Quantity of Products from Current Year/ Quantity of Products from Previous Year §Weighted average (by Use) of all production indices §Used “Core” original chemicals and facilities

On-Site Releases - Stack and Fugitive Air, Surface Water, Groundwater, On-site Land Disposal On-Site Management - Recycled and Reused On Site, Destroyed On Site, Energy Recovery On Site Off-Site Transfers - Total Waste Transferred Off Site, includes POTW Discharges

NPO for Five SICs

Trends (Unadjusted for Production)

Use = Consumed + Shipped as or in product + NPO

USE §Use by petroleum refineries represents % of the total Use §If the top ten facilities were excluded from the analysis, the total Use decreased by about 10% §Industries such as refineries and metal fabrication account for over 90% of toxics in products

Findings from 2004 report §Overall, NJ facilities achieved substantial reductions statewide for NPO §Adjusted for production, NPO fell 33% §Adjusted levels of Use of the hazardous chemicals only decreased by 2% §Trends in Use were driven by a few large facilities

Cabinet Confidential Tom Natan, National Environmental Trust 2004 §For every pound of neurotoxins, carcinogens or reproductive or developmental toxins that facilities reported as released to air, water or land, another 42 pounds of these chemicals were found in the same type of products used in the home §A substantial portion of the chemicals found in products were not intended to be part of those products

2005 Activities §NJDEP is conducting research to identify successful P2 techniques §The NJ Center for Manufacturing Excellence at Rutgers has a non-regulatory audit program offering suggestions to industry and is developing case studies §New P2 Rule requires 5% closure on materials balance; mandatory electronic submission of P2 Plan Summaries

Trends Report § §OPPRTK