This is a courtesy copy of this rule. All of the Department’s rules are compiled in Title 7 of the New Jersey Administrative Code.

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New Jersey Department of Environmental Protection

Title 7, Chapter 31

Toxic Catastrophe Prevention Act Program

Consolidated Rule Document

Authority: N.J.S.A. 13:1B-3, 13:1D-9, 13:1K-19 et seq., and 26:2C-1 et seq.

Effective Date: February 9, 2009, Readoption;

March 16, 2009, Amendments and Repeals. 

Operative Date: March 16, 2010 – repeal of N.J.A.C. 7:31-3.1, 3.2, 3.3, 3.5 and 3.6; new N.J.A.C. 

7:31- 7.1(c)9 through 12; amendments to N.J.A.C. 7:31-1.1(c)3v; deletion of and 

new N.J.A.C. 7:31-1.1(c)4ii; and deletion of N.J.A.C. 7:31-11.4(c) Table III 

penalties 10 - 14, 108 - 208, and 522 - 540.

Expiration Date: February 9, 2014

Revision date of the Consolidated Rule Document: March 29, 2012

Explanation of the Consolidated Rule Document

The purpose of this document is to facilitate understanding of the new Toxic Catastrophe Prevention Act (TCPA) 

regulatory requirements by combining the N.J.A.C. 7:31 rule text with the adopted text of the federal Accidental Release 

Prevention (ARP) rules at 40 CFR 68. In the official adopted TCPA rule, section 1, paragraph (a) of each subchapter of 

N.J.A.C. 7:31 incorporates by reference the corresponding subpart of 40 CFR 68, and paragraphs (b) and (c) detail the 

EPA provisions that are not incorporated and those that are changed, respectively. This document showsthe official text of 

paragraphs (b) and (c) in section 1 of each N.J.A.C. 7:31 subchapter, and it shows the full EPA text incorporated by 

section 1 of each particular subchapter as modified by the DEP's rule. 

For example, in the adopted rule published in the New Jersey Register, N.J.A.C. 7:31-3.1(c)1 through 8 describe 

changes that DEP has made to various requirements of the EPA's 40 CFR 68 Subpart C, which is incorporated by reference 

at N.J.A.C. 7:31-3.1(a). This consolidated rule document shows the text of EPA's 40 CFR 68.48 through 68.60 with the 

DEP changes. 

Also, for ease of reading, the text of additional New Jersey requirements has been inserted at the end of the EPA 

provision to which each is related. In many cases, these additional New Jersey requirements actually appear in a different 

location in the official New Jersey rule. However, the rule cites remain the same as they are in the official rule.

Explanation of fonts 

This document gives a combination of the text from two rules: the adopted N.J.A.C. 7:31, and the federal 40 CFR 

68. Various fonts are used to determine from which document the text originates:

1. The adopted N.J.A.C. 7:31 is shown in standard font thus.

2. Text of 40 CFR 68 is shown in italics thus. 

3. Deletions to 40 CFR 68 are shown in italics with strikeout thus. 

4. New Jersey additions to the federal text are shown in underlined standard font thus.
This is a courtesy copy of this rule. All of the Department’s rules are compiled in Title 7 of the New Jersey Administrative Code.

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5. Amendments to the TCPA rule that were published in the March 16, 2009 New Jersey Register are highlighted in yellow 

thus. (Which will appear in gray when printed on a black and white printer.)

6. Additions to EPA’s 40 CFR 68 published in the April 9, 2004 Federal Register are in bold italic thus; deletions are in 

bold italic with strikeout thus.

This document should be used as a guidance document only. The readopted rules and amendments of 

the Toxic Catastrophe Prevention Act (TCPA) Program are published in the March 16, 2009 New Jersey 

Register, and all of the Department’s rules are compiled in Title 7 of the New Jersey Administrative Code.

Should there be any discrepancies between this text and the official version of the rules, the official 

version will govern. The TCPA rule incorporates portions of 40 CFR 68 by reference. Please refer to the 

Code of Federal Regulations for the official text of 40 CFR 68. 
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Table of Contents

SUBCHAPTER 1. GENERAL PROVISIONS

Page

7:31-1.1 Incorporation by reference 7

§68.1 Scope. 9

§68.3 Definitions. 9

7:31-1.5 State definitions 12

§68.10 Applicability. 21

§68.12 General requirements. 22

§68.15 Management. 23

7:31-1.2 Construction 24

7:31-1.3 Purpose 24

7:31-1.4 Incorporation by reference of the Code of Federal Regulations 24

7:31-1.6 Severability 25

7:31-1.7 Practice where these rules do not govern 25

7:31-1.8 Document availability 26

7:31-1.9 Prohibitions 26

7:31-1.10 Prevention of catastrophic accidents 27

7:31-1.11A Fees (Effective on June 21, 1999) 28

7:31-1.12 Release of information by insurance carriers 31

SUBCHAPTER 2. HAZARD ASSESSMENT

7:31-2.1 Incorporation by reference 34

§68.20 Applicability. 34

§68.22 Offsite consequence analysis parameters. 34

§68.25 Worst-case release scenario analysis. 35

§68.28 Alternative release scenario analysis. 37

§68.30 Defining offsite impacts--population. 38

§68.33 Defining offsite impacts--environment. 38

§68.36 Review and update. 39

§68.39 Documentation. 39

§68.42 Five-year accident history. 39

Appendix A to Part 68 – Table of Toxic Endpoints 41

7:31-2.2 RHS Hazard Assessment 44

SUBCHAPTER 3. Reserved 45

SUBCHAPTER 4. MINIMUM REQUIREMENTS FOR A PROGRAM 3 TCPA RISK 

 MANAGEMENT PROGRAM

7:31-4.1 Incorporation by reference 47
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§68.65 Process safety information. 50

§68.67 Process hazard analysis with risk assessment for specific pieces of 

EHS equipment or operating procedures.

52

7:31-4.2 Process hazard analysis with risk assessment for specific pieces of 

EHS equipment or operating alternatives

53

§68.69 Standard Operating procedures. 55

7:31-4.3 Standard operating procedures 56

§68.71 EHS operator Training. 57

7:31-4.4 EHS Operator training 58

§68.73 Mechanical integrity/preventive maintenance 58

7:31-4.5 Mechanical integrity/preventive maintenance program 59

§68.75 Management of change. 59

7:31-4.6 Management of change 59

§68.77 Pre-startup review. 60

7:31-4.7 Safety reviews: design and pre-startup 61

§68.79 Compliance audits. 62

§68.81 Incident EHS accident or potential catastrophic event investigation. 62

§68.83 Employee participation. 63

§68.85 Hot work permit. 63

§68.87 Contractors. 63

7:31-4.8 Emergency response 64

7:31-4.9 Annual reports 64

7:31- 4.10 Obligations upon temporary discontinuance of EHS use, storage and 

handling

65

7:31-4.11 New covered processes - construction and new EHS service 65

7:31-4.12 Inherently safer technology review 66

SUBCHAPTER 5. EMERGENCY RESPONSE

7:31-5.1 Incorporation by reference 70

§68.90 Applicability. 70

§68.95 Emergency response program. 71

7:31-5.2 Emergency response program 71

SUBCHAPTER 6. EXTRAORDINARILY HAZARDOUS SUBSTANCES

7:31-6.1 Incorporation by reference 74

§68.100 Purpose. 74

§68.115 Threshold determination. 74

§68.126 Exclusion. 77

§68.130 List of substances. 77

7:31-6.2 Threshold quantity determination 78

7:31-6.3 Extraordinarily hazardous substance list 79
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SUBCHAPTER 7. RISK MANAGEMENT PLAN AND TCPA PROGRAM SUBMISSION

7:31-7.1 Incorporation by reference 101

§68.150 Submission. 102

§68.151 Assertion of claims of confidential business information. 102

§68.152 Substantiating claims of confidential business information. 103

§68.155 Executive summary. 103

§68.160 Registration. 103

§68.165 Offsite consequence analysis. 104

§68.168 Five-year accident history. 105

§68.175 Prevention program/Program 3. 106

§68.180 Emergency response program. 106

§68.185 Certification. 107

§68.190 Updates. 107

§68.195 Required corrections. 108

7:31-7.2 TCPA Risk Management Plan submission and updates 108

7:31-7.3 Risk management program and RMP - initial evaluation 109

7:31-7.4 Transfer of risk management program 110

7:31-7.5 Schedule for risk management program implementation 110

SUBCHAPTER 8. OTHER FEDERAL REQUIREMENTS

7:31-8.1 Incorporation by reference 112

§68.200 Recordkeeping. 113

§68.220 Audits. 114

7:31-8.2 Audits 116

SUBCHAPTER 9. WORK PLAN/EHSARA

7:31-9.1 Work plan preparation 118

7:31-9.2 Generic scope of work 118

7:31-9.3 Selection of consultants 120

7:31-9.4 Proposal requirements 121

7:31-9.5 EHSARA report 123

SUBCHAPTER 10. CONFIDENTIALITY AND TRADE SECRETS

7:31-10.1 Scope and applicability 126

7:31-10.2 General provisions 126

7:31-10.3 Exclusions from confidential information and privileged trade 

secret or security information

127

7:31-10.4 Confidentiality claims 128

7:31-10.5 Determination of confidentiality claims 130
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7:31-10.6 Petitions to withhold privileged trade secret or security information 133

7:31-10.7 Determinations of petitions to withhold privileged trade secret or 

security information

136

7:31-10.8 Maintaining the confidentiality and security of confidential 

information

138

7:31-10.9 Disclosure of confidential information 139

7:31-10.10 Wrongful access or disclosure 141

7:31-10.11 Use of confidential information in rulemaking, reviewing 

extraordinarily hazardous substance accident risk assessment reports 

and risk management programs, and enforcement proceedings

142

SUBCHAPTER 11. CIVIL ADMINISTRATIVE PENALTIES AND REQUESTS FOR 

ADJUDICATORY HEARINGS

7:31-11.1 Authority and purpose 143

7:31-11.2 Procedures for issuance of administrative orders and assessment 

of civil administrative penalties and payment of such penalties

143

7:31-11.3 Procedures to request an adjudicatory hearing 144

7:31-11.4 Civil administrative penalty determination 146

7:31-11.5 Grace period applicability; procedures 237
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SUBCHAPTER 1. GENERAL PROVISIONS

7:31-1.1 Incorporation by reference

(a) This subchapter incorporates by reference 40 CFR 68 Subpart A, including all future 

amendments and supplements except as provided below.

(b) The following provisions of 40 CFR Part 68 Subpart A are not incorporated by reference: 40 

CFR 68.2, Stayed provisions; 40 CFR 68.10(b) and 40 CFR 68.10(e) Applicability; and 40 CFR 

68.12(b) and (c), General requirements.

(c) The following provisions of 40 CFR 68 Subpart A are incorporated by reference with the 

specified changes:

1. 40 CFR 68.1, Scope:

i. In the first and second sentences, delete the word "part" and replace with "chapter."

ii. Delete the phrase, "the petition process for adding or deleting substances to the list of 

regulated substances" and replace with the word "and".

iii. Delete the phrase, "and the state accidental release prevention programs approved under 

section 112(r)."

iv. Delete the sentence, "The list of substances, threshold quantities and accident prevention 

regulations promulgated under this part do not limit in any way the general duty provisions under 

section 112(r)1."

2. 40 CFR 68.3, Definitions:

i. At the definition of "covered process," delete "a regulated substance present in more than a 

threshold quantity as determined under § 68.115" and replace with "an EHS present as determined 

under N.J.A.C. 7:31-6.3. A petroleum refining process unit having an EHS present is considered a 

single covered process."

ii. At the end of the definition of “petroleum refining process unit,” add “Each petroleum 

refining process unit having an EHS present is a single covered process.”

iii. Replace the definition of “threshold quantity” with “Threshold quantity means the quantity 

specified for EHSs pursuant to N.J.A.C. 7:31-6.”

iv. At the definition of "regulated substance," delete "any substance listed pursuant to section 

112(r)(3) of the Clean Air Act as amended, in § 68.130.", and replace with, "an EHS listed in Table I, 

Parts A, B, C, or D of N.J.A.C. 7:31-6.3(a) and (c)."

v. Replace the definition of “owner or operator” with “Owner or operator means any person 

who owns, leases, operates, controls, or supervises a facility (stationary source).”

3. 40 CFR 68.10, Applicability:
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i. At 40 CFR 68.10(a), delete the introductory paragraph, and replace with, “An owner or 

operator of a facility (stationary source) that uses, manufactures, stores or has the capability of 

producing at least the threshold quantity of an EHS as determined under N.J.A.C. 7:31-6 shall comply 

with the requirements of this Chapter. Determination of whether a threshold quantity is present at the 

facility shall be made using the sum of the EHS inventory of all covered processes at the facility. The 

EHS inventory of a covered process shall be the greatest of the instantaneous static inventory of the 

EHS contained and stored, the hourly generation rate of the EHS, or the amount of the EHS that can be 

released in one hour from any EHS equipment within a covered process. The owner or operator shall 

comply no later than the latest of the following dates:”. At 40 CFR 68.10(a)(3), delete the phrase, 

“above a threshold quantity in a process” and replace with “at or above a threshold quantity at the 

facility.”

ii. At 40 CFR 68.10(a)1, delete June 21, 1999 and add the following, "the schedule set forth in 

N.J.A.C. 7:31-7.5."

iii. After 40 CFR 68.10(a)(1)-(3), add another item, "For new covered processes, in accordance 

with the requirements at N.J.A.C. 7:31-4.11."

iv. Replace 40 CFR 68.10(c) with, “A covered process is subject to Program 2 requirements if it

does not meet Program 3 requirements. However, any covered process that is subject to Program 2 

requirements shall, on or after March 16, 2010 be subject to only Program 3 requirements.

v. At 40 CFR 68.10(d), delete the phrase “if the process does not meet the requirements of 

paragraph (b) of this section”, delete the phrase “and if either of the following conditions is met” and 

delete 40 CFR 68.10(d)(1) and (2).

4. 40 CFR 68.12, General requirements:

i. At 40 CFR 68.12(a), delete the word "part" and replace with "chapter," and add "with changes 

specified at N.J.A.C. 7:31-7.1(c)1 and 2" after "68.150" and add "(b)" after " 40 CFR 68.185.".

ii. Delete the entirety of 40 CFR 68.12(c)(1) through (5).

iii. At 40 CFR 68.12(d), change the following:

(1) At 40 CFR 68.12(d), after "§ 68.10(d)" add "with changes specified at N.J.A.C. 7:31-

1.1(c)3v."

(2) At 40 CFR 68.12(d)(1), add "with changes specified at N.J.A.C. 7:31-1.1(c)5" after "§ 

68.15."

(3) At 40 CFR 68.12(d)2, delete the semicolon at the end of the sentence and add ", with 

changes specified at N.J.A.C. 7:31-2.1(c)1 and 2."

(4) At 40 CFR 68.12(d)(3), delete the semicolon and add "with changes specified at 

N.J.A.C. 7:31-4.1(c)1-24 and N.J.A.C. 7:31-4.2 through 4.12."

(5) At 40 CFR 68.12(d)(4), insert "with changes specified at N.J.A.C. 7:31-5.1(c)1-4 and 

N.J.A.C. 7:31-5.2" after "of this part;".
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5. At 40 CFR 68.15, Management, add the text as indicated in (c)5i and ii below and delete the text 

as indicated in (c)5iii and iv below:

i. The management system shall include a documentation plan which shall: (1) provide a list

identifying all documentation required by this chapter including the document title, identification 

number, and storage location; and (2) describe how the owner or operator of a covered process will 

store, maintain and update all documentation required by this chapter.

ii. The management system shall provide a means of tracking and recording the EHS inventory 

at the facility against the Risk Management Plan registration quantity to ensure that the EHS 

registration quantity of each registered covered process is not exceeded.

iii. At 40 CFR 68.15(a), delete the phrase “of a stationary source.”

iv. At 40 CFR 68.15(a), delete “Program 2 and Program 3.”

40 CFR 68 Subpart A - General

§68.1 Scope.

This Part chapter sets forth the list of regulated substances and thresholds, the petition process for 

adding or deleting substances to the list of regulated substances, and the requirements for owners or operators 

of stationary sources concerning the prevention of accidental releases, and the State accidental release 

prevention programs approved under section 112(r). The list of substances, threshold quantities, and accident 

prevention regulations promulgated under this part chapter do not limit in any way the general duty provisions 

under s ection 112(r)(1).

§68.3 Definitions.

For the purposes of this Part:

Accidental release means an unanticipated emission of a regulated substance or other extremely 

hazardous substance into the ambient air from a stationary source.

Act means the Clean Air Act as amended (42 U.S.C. 7401 et seq.)

Administrative controls mean written procedural mechanisms used for hazard control.

Administrator means the administrator of the U.S. Environmental Protection Agency.

AIChE/CCPS means the American Institute of Chemical Engineers/Center for Chemical Process Safety.

API means the American Petroleum Institute.

 Article means a manufactured item, as defined under 29 CFR 1910.1200(b), that is formed to a specific 

shape or design during manufacture, that has end use functions dependent in whole or in part upon the shape or 

design during end use, and that does not release or otherwise result in exposure to a regulated substance under 
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normal conditions of processing and use.

ASME means the American Society of Mechanical Engineers.

CAS means the Chemical Abstracts Service.

Catastrophic release means a major uncontrolled emission, fire, or explosion, involving one or more 

regulated substances that presents imminent and substantial endangerment to public health and the 

environment.

 Classified information means ``classified information'' as defined in the Classified Information 

Procedures Act, 18 U.S.C. App. 3, section 1(a) as ``any information or material that has been determined by the 

United States Government pursuant to an executive order, statute, or regulation, to require protection against 

unauthorized disclosure for reasons of national security.''

Condensate means hydrocarbon liquid separated from natural gas that condenses due to changes in 

temperature, pressure, or both, and remains liquid at standard conditions. 

Covered process means a process that has a regulated substance present in more than a threshold 

quantity as determined under § 68.115 an EHS present as determined under N.J.A.C. 7:31-6.3. A petroleum

refining process unit having an EHS present is considered a single covered process

 Crude oil means any naturally occurring, unrefined petroleum liquid.

 Designated agency means the state, local, or Federal agency designated by the state under the 

provisions of § 68.215(d) .

DOT means the United States Department of Transportation.

 Environmental receptor means natural areas such as national or state parks, forests, or monuments; 

officially designated wildlife sanctuaries, preserves, refuges, or areas; and Federal wilderness areas, that could 

be exposed at any time to toxic concentrations, radiant heat, or overpressure greater than or equal to the 

endpoints provided in § 68.22(a) , as a result of an accidental release and that can be identified on local U. S. 

Geological Survey maps.

Field gas means gas extracted from a production well before the gas enters a natural gas processing 

plant. 

Hot work means work involving electric or gas welding, cutting, brazing, or similar flame or 

spark-producing operations.

 Implementing agency means the state or local agency that obtains delegation for an accidental release 

prevention program under subpart E, 40 CFR part 63. The implementing agency may, but is not required to, be 

the state or local air permitting agency. If no state or local agency is granted delegation, EPA will be the 

implementing agency for that state.

 Injury means any effect on a human that results either from direct exposure to toxic concentrations; 

radiant heat; or overpressures from accidental releases or from the direct consequences of a vapor cloud 

explosion (such as flying glass, debris, and other projectiles) from an accidental release and that requires 

medical treatment or hospitalization.

 Major change means introduction of a new process, process equipment, or regulated substance, an 

alteration of process chemistry that results in any change to safe operating limits, or other alteration that 

introduces a new hazard.

 Mechanical integrity means the process of ensuring that process equipment is fabricated from the proper 

materials of construction and is properly installed, maintained, and replaced to prevent failures and accidental 

releases.

 Medical treatment means treatment, other than first aid, administered by a physician or registered 

professional personnel under standing orders from a physician.
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 Mitigation or mitigation system means specific activities, technologies, or equipment designed or 

deployed to capture or control substances upon loss of containment to minimize exposure of the public or the 

environment. Passive mitigation means equipment, devices, or technologies that function without human, 

mechanical, or other energy input. Active mitigation means equipment, devices, or technologies that need 

human, mechanical, or other energy input to function.

NAICS means North American Industry Classification System.

 Natural gas processing plant (gas plant) means any processing site engaged in the extraction of natural 

gas liquids from field gas, fractionation of mixed natural gas liquids to natural gas products, or both, classified 

as North American Industrial Classification System (NAICS) code 211112 (previously Standard Industrial 

Classification (SIC) code 1321). 

NFPA means the National Fire Protection Association.

 Offsite means areas beyond the property boundary of the stationary source, and areas within the 

property boundary to which the public has routine and unrestricted access during or outside business hours.

 OSHA means the U.S. Occupational Safety and Health Administration. 

Owner or operator means any person who owns, leases, operates, controls, or supervises a facility

(stationary source).

Petroleum refining process unit means a process unit used in an establishment primarily engaged in 

petroleum refining as defined in NAICS code 32411 for petroleum refining (formerly SIC code 2911) and used 

for the following: Producing transportation fuels (such as gasoline, diesel fuels, and jet fuels), heating fuels 

(such as kerosene, fuel gas distillate, and fuel oils), or lubricants; Separating petroleum; or Separating, 

cracking, reacting, or reforming intermediate petroleum streams. Examples of such units include, but are not 

limited to, petroleum based solvent units, alkylation units, catalytic hydrotreating, catalytic hydrorefining, 

catalytic hydrocracking, catalytic reforming, catalytic cracking, crude distillation, lube oil processing, hydrogen 

production, isomerization, polymerization, thermal processes, and blending, sweetening, and treating processes. 

Petroleum refining process units include sulfur plants. Each petroleum refining process unit having an EHS 

present is a single covered process.

Population means the public.

Process means any activity involving a regulated substance including any use, storage,

manufacturing, handling, or on-site movement of such substances, or combination of these activities. For the 

purposes of this definition, any group of vessels that are interconnected, or separate vessels that are located 

such that a regulated substance could be involved in a potential release, shall be considered a single process.

Produced water means water extracted from the earth from an oil or natural gas production well, or that 

is separated from oil or natural gas after extraction. 

Public means any person except employees or contractors at the stationary source. 

Public receptor means offsite residences, institutions (e.g., schools, hospitals), industrial, commercial, 

and office buildings, parks, or recreational areas inhabited or occupied by the public at any time without 

restriction by the stationary source where members of the public could be exposed to toxic concentrations, 

radiant heat, or overpressure, as a result of an accidental release.

Regulated substance is any substance listed pursuant to section 112(r)(3) of the Clean Air

Act as amended, in 68.130. an EHS listed in Table I, Parts A, B, C, or D of N.J.A.C. 7:31-6.3(a) and (c).

Replacement in kind means a replacement that satisfies the design specifications.

Retail facility means a stationary source at which more than one- half of the income is obtained 

from direct sales to end users or at which more than one-half of the fuel sold, by volume, is sold through a 

cylinder exchange program. 
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RMP means the risk management plan required under subpart G of this part.

 Stationary source means any buildings, structures, equipment, installations, or substance emitting 

stationary activities which belong to the same industrial group, which are located on one or more contiguous 

properties, which are under the control of the same person (or persons under common control), and from which 

an accidental release may occur. The term stationary source does not apply to transportation, including storage 

incident to transportation, of any regulated substance or any other extremely hazardous substance under the 

provisions of this part. A stationary source includes transportation containers used for storage not incident to 

transportation and transportation containers connected to equipment at a stationary source for loading or 

unloading. Transportation includes, but is not limited to, transportation subject to oversight or regulation under 

49 CFR parts 192, 193, or 195, or a state natural gas or hazardous liquid program for which the state has in 

effect a certification to DOT under 49 U.S.C. section 60105. A stationary source does not include naturally 

occurring hydrocarbon reservoirs. Properties shall not be considered contiguous solely because of a railroad or 

pipeline right-of-way.

Threshold quantity means the quantity specified for regulated substances pursuant to section 112(r)(5) 

of the Clean Air Act as amended, listed in 68.130 and determined to be present at a stationary source as 

specified in 68.115 of this Part. quantity specified for EHSs pursuant to N.J.A.C. 7:31-6

 Typical meteorological conditions means the temperature, wind speed, cloud cover, and atmospheric 

stability class, prevailing at the site based on data gathered at or near the site or from a local meteorological 

station.

Vessel means any reactor, tank, drum, barrel, cylinder, vat, kettle, boiler, pipe, hose, or other container.

 Worst-case release means the release of the largest quantity of a regulated substance from a vessel or 

process line failure that results in the greatest distance to an endpoint defined in § 68.22(a).

Additional New Jersey Definitions 

7:31-1.5 State definitions

(a) The following words and terms, when used in this chapter, shall have the following meanings, unless 

the context clearly indicates otherwise:

"Acute toxicity concentration" or "ATC" means a minimum lethal concentration which is greater than 

the Threshold Limit Value (TLV) or the Short Term Exposure Limit (STEL) as defined by the American 

Conference of Governmental Industrial Hygienists, and equivalent to the lowest of the following three 

categories: one-tenth of the median lethal concentration (LC50); or one times the lowest lethal concentration 

(LCLO) of test data for any mammalian species in test periods up to eight hours; or the Immediately Dangerous to 

Life and Health (IDLH) concentration. LC50, LCLO, IDLH, TLV, and STEL have been defined by the U.S. 

Department of Health and Human Services in the "Registry of Toxic Effects of Chemical Substance" (RTECS) 

and the National Institute of Occupational Safety and Health (NIOSH) "Pocket Guide to Chemical Hazards".

"Agent of the Department" means a person, including a consultant or a contractor, authorized by the 

Department to act for it in implementing the Act and this chapter.

"ANSI" means American National Standards Institute.

"Budget-expenditure variance" means the difference, either positive or negative, between the gross 
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expenditures and the spending plan (budget) of the same fiscal year of the TCPA program. Where budget 

exceeds expenditures, this difference is positive.

"Change" means any modification in existing EHS equipment or procedures which are directly involved 

with an EHS, including additions or deletions. Change does not include routine maintenance, which means the 

repair or replacement in kind of existing EHS equipment to provide continuity of operation, or replacement with 

identical equipment.

"Claimant" means any person who submits a confidentiality claim under this chapter.

"Commissioner" means the Commissioner of the Department of Environmental Protection and Energy or 

the person delegated to act on his behalf.

"Confidential copy" means a copy of any information submitted to the Department pursuant to the Act or 

this chapter which contains all the required information including any information which the claimant requests 

to be treated as confidential. The confidential copy shall be labeled as such and all confidential information 

contained therein shall be clearly identified.

"Confidential information" means information required to be submitted or disclosed to the Department 

pursuant to this chapter, the public disclosure of which would competitively disadvantage the owner or operator 

or compromise the security of the covered process or its operations; consisting of non-privileged trade secret 

information, proprietary information and non-privileged security information.

"Confidentiality claim" or "claim" means a written request made by an owner or operator of a covered 

process pursuant to this chapter to withhold from public disclosure certain information required to be submitted 

to the Department.

"Consequence analysis" means the determination of the potential consequence of an EHS release on the 

surrounding population, using dispersion, thermal or overpressure analysis and, at a minimum, identifying 

potential populations exposed to the toxic, thermal or overpressure endpoint for each EHS.

"Department" means the New Jersey Department of Environmental Protection and Energy.

"Dispersion analysis" means the calculation, by means of EPA Offsite Consequence Analysis look-up 

tables or a model acceptable to the Department, of the ambient concentrations of an EHS after its release, taking 

into account the physical and chemical states and properties of the EHS, the release scenario and the 

geographical, topographical, geological and meteorological characteristics of the environment, which will 

influence the migration, movement, dispersion, or degradation of the EHS in the environment.

"EHS accident" means an unplanned, unforeseen or unintended incident, situation, condition, or set of 

circumstances which directly or indirectly results in an EHS release.

"EHS equipment" means that equipment within a covered process whose failure or improper operation 

could directly or indirectly result in or contribute to an EHS accident, including, but not limited to, vessels, 
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piping, compressors, pumps, instrumentation and electrical equipment. EHS equipment includes fire 

suppression, risk mitigation, EHS release detection equipment, and EHS shipping container handling equipment.

"EHS operator" means an employee who is directly involved with an EHS and qualified and trained in 

the operations of EHS equipment and procedures.

"EHS procedure" means a step of an operation involving an EHS, which if conducted improperly, could 

directly or indirectly result in or contribute to an EHS accident.

"EHS release" means a discharge or emission of an EHS from a piece of EHS equipment in which it is 

contained, excluding discharges or emissions occurring pursuant to and in compliance with the conditions of any 

State permit or regulation.

"EHS service" means the handling, use, manufacture, storage or generation of an EHS.

"Electrical classification" means the electrical area or bubble classification according to the National 

Electrical Code (NEC) which provides the NEC group number of the flammable or combustible substance(s) 

handled, stored or used. The NEC may be obtained from the National Fire Protection Association, 11 Tracy 

Drive, Avon, MA 02322.

"Electrical one-line diagram" means a diagram including legend of the electrical power distribution 

system that could contribute to an EHS release showing such items as power consumers, the chain of supply 

back through starters, distribution centers, substations to the main feeder, emergency power supply, and 

connections to various components. For complex systems, the one-line diagram may be a group of drawings.

"Emergency condition" means any situation at a covered process during which an EHS release is in 

progress or will occur because no preventive measures would be effective.

“Emergency response team” means those personnel identified in the emergency response plan that 

respond to an emergency at the facility which involves an EHS. Functions for which the emergency response 

team shall be responsible include activities such as alarm identification and response, response to an EHS 

release, use of emergency protective equipment, rescue procedures, evacuation procedures, medical assistance, 

action plans for dealing with specific scenarios, and specifically assigned emergency response duties. Owners or 

operators of a covered process may arrange with outside providers for any portion of these functions as needed.

"Employee" means any person allowed or permitted to work by an owner or operator of a covered 

process, except that independent contractors, subcontractors, consultants and employees of affiliated companies 

or corporations shall not be considered employees of the owner or operator of a covered process.

"External forces and events" means forces of nature or sabotage or such events as neighboring fires or 

explosions, neighboring EHS releases, electrical power failures, and intrusions of external transportation 

vehicles such as aircraft, ships, trucks or automobiles.

"Extraordinarily hazardous accident risk" means a potential for an EHS release which could produce a 
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significant likelihood that persons exposed may suffer acute health effects resulting in death or permanent 

disability.

"Extraordinarily hazardous substance accident risk assessment" or "EHSARA" means a review and 

safety evaluation of those operations at a covered process which involve the generation, storage, or handling of 

an extraordinarily hazardous substance.

"Extraordinarily Hazardous Substance" or "EHS" means any substance or chemical on the 

extraordinarily hazardous substance list in Table I in N.J.A.C. 7:31-6.3.

"Extraordinarily Hazardous Substance List" means the list of substances and chemical compounds set 

forth in Table I of N.J.A.C. 7:31-6.3.

"Extraordinarily Hazardous Substance Risk Reduction Work Plan" or "work plan" means the document 

developed by the Department for each covered process at which is generated, stored, or handled an 

extraordinarily hazardous substance, setting forth the scope and detail of the EHSARA to which the covered 

process will be submitted.

"Facility" means the combination of all structures, buildings, and processes that are located on a single 

property site or on contiguous or adjacent property sites and that are under common control of the same owner 

or operator. Facility shall not include a research and development laboratory, which means a specially designated 

area used primarily for research, development, and testing activity, and not primarily involved in the production 

of goods for commercial sale, in which extraordinarily hazardous substances are used by or under the 

supervision of a technically qualified person. Facility shall include pilot plant scale operations as specified at 40 

CFR 68.115(b)(5)(ii) with changes specified at N.J.A.C. 7:31-6.1(c)4.

"Failure mode and effects analysis" or "FMEA" means a specifically designed method to identify the 

conceivable ways that EHS equipment or its components can fail and the effect of the failure on the system with 

respect to an EHS release. The failure and effects are determined in a study of updated piping and instrument 

diagrams that describe the covered process taking into consideration process chemistry, standard operating 

procedures, maintenance procedures, operator job descriptions, process flow diagrams, EHS inventory 

tabulations, electrical one-line diagrams and other documents. The resulting qualitative analysis is translated 

into a quantitative FMEA when probabilities of the failure of components are assigned. The results of the 

FMEA are reported for a unit or system of a covered process on an FMEA table. The results entered on an 

FMEA table for each equipment item or component studied are as follows: the identification number of the 

item, the name of the item, entries of failure modes of the item and for each entry of failure mode, the other 

equipment potentially affected with the equipment identification number and the effect of the failure on that 

equipment, a classification of the criticality ranking of the failure based on quantity or rate of the potential EHS 

release, the probability of the failure and the suggested action in terms of equipment or procedure to prevent the 

failure or to mitigate the results of the failure.

"Fault tree analysis" or "FTA" means the analysis of the logic diagram constructed from a study of the 

updated piping and instrument diagrams that describe the covered process taking into consideration process 

chemistry, standard operating procedures, maintenance procedures, operator job descriptions, process flow 
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diagrams, EHS inventory tabulations, electrical one-line diagrams and other documents. The logic diagram will 

contain the conceivable human or mechanical event sequences that could result in an EHS accident. The logic 

diagram is called a fault tree and represents a qualitative analysis of the hazards. Results of the FTA are reported 

for a unit or system on a table. Entered on the table are the descriptions of the various combinations of 

equipment or procedural failures that can lead to an EHS release. The combinations are determined by solving 

the fault tree logic diagram for the minimal cut sets, that is, the smallest combination of equipment or procedural 

failures, which if all occur, will result in the "top event", that is the EHS release. The table is also entered with a 

criticality ranking based on the quantity or rate of the potential EHS release, a probability for the respective 

failures and the suggested action in terms of equipment or procedure to prevent the failure or to mitigate the 

results of the failure. The analysis of the logic diagram includes the identification of "minimal cut sets." When 

probabilities are assigned to each element of the event sequence, a quantitative fault tree is obtained which gives 

the probability or frequency of occurrence of the EHS release.

“Feasible” means capable of being successfully accomplished, taking into account environmental, 

public health and safety, legal, technological, and economic factors. 

"Fire water system piping diagram" means one or more diagrams relevant to the covered process and its 

potential releases showing that portion of the site plan that includes fire water pumps and piped distribution 

system showing the location of branches for fire monitors, fire hydrants, sprinklers and deluge systems and, 

where available, the sizes and designation numbers of header and sub-header piping and piping specifications.

“Functional Group” means a group of chemical compounds that have similar structural and/or molecular 

features which impart similar physical characteristics to the compounds in that group.

“Grace period” means the period of time afforded under N.J.S.A. 13:1D-125 et seq., commonly known 

as the Grace Period Law, for a person to correct a minor violation in order to avoid imposition of a penalty that 

would be otherwise applicable for such violation.

"Hazard analysis" means a systematic identification of the potential conditions that may result in an EHS 

accident.

"Hazard and operability study" or "HAZOP" means a systematic study of updated piping and instrument 

diagrams that describes the covered process taking into consideration process chemistry, standard operating 

procedures, maintenance procedures, EHS operator job descriptions, process flow diagrams, EHS inventory 

tabulations, electrical one-line diagrams and other documents. The study is performed by a multidisciplinary 

team to identify hazard or operability problems that would result in an EHS accident. Deviations from the 

design value of key parameters (flow, temperature, composition, time, quantity, etc.) of each segment of the 

covered process and its procedures are studied using guide words (such as, more of, less of, none of, part of, 

more than and other) to control the examination and evaluation. Results of the HAZOP study shall be reported 

by tabulation for a unit by key equipment, such as vessels or pipelines, and process parameter. The results are 

entered on the table as follows: guide word, causes of the deviation, consequences of the deviation in terms of a 

potential EHS release, the criticality based on the quantity or rate of potential release and the suggested action in 

terms of equipment or procedure to mitigate the deviation.
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"Hazard unit" means the measure of inventory of an EHS expressed as multiples of its threshold 

quantity, used in calculating TCPA fees.

“Heat of reaction” or HR means the change in the amount of heat energy of the substances contained in 

a process vessel that occurs during a chemical reaction expressed as calories per gram; or specifically, the energy 

content of the reaction products minus the energy content of the reactants. The heat of reaction includes heat 

energies such as the heat of decomposition, heat of explosion or heat of combustion depending on the chemical 

reaction(s) taking place.

“Inherently safer technology” means the principles or techniques that can be incorporated in a covered 

process to minimize or eliminate the potential for an EHS release.

"Inventory" means the instantaneous static quantity of the EHS contained and stored in a process, the 

hourly generation rate of the EHS in a process, or the amount of the EHS that can be released in one hour from 

the process, whichever is greatest.

"Management system" means the composite of organizational structure, planning activities, 

responsibilities, practices, procedures, processes and resources for developing, implementing, achieving, 

reviewing, evaluating and maintaining the required Risk Management Program.

“Material deficiency” means an inadequacy or omission of an owner’s or operator’s risk management 

program that reduces the effectiveness of the risk management program.

“Maximum achievable temperature” means the highest temperature that can be attained during 

abnormal conditions in a process vessel taking into consideration the vessel design, heating and cooling 

systems connected to the vessel, and the potential chemical reactions involving the vessel’s contents. 

Abnormal conditions include scenarios such as: 

1. A vessel having a steam heating system where maximum heating is applied to the vessel; 

2. A vessel having a cooling system where there is a total loss of cooling; 

3. An exothermic reaction generating heat that takes place inside the vessel; 

4. Contamination to the normal vessel contents causing an exothermic reaction; 

5. External fire; and 

6. Unintended ratio or amounts of reaction ingredients.

"Operating alternative" means an alternative procedure, schedule or process chemistry or a combination 

thereof.

"Overpressure analysis" means the computation of the distance that a criterion level of overpressure 

extends from the center of a explosion due to a release/ignition scenario of a flammable substance.

"Person" means corporations, companies, associations, societies, firms, partnerships and joint stock 

companies, as well as individuals, and shall also include all political subdivisions of this State or any agencies or 

instrumentalities thereof, and any legal successor, representative, agent or agency of the foregoing.
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"Petition to withhold privileged trade secret or security information" or "petition" means a written 

request made by an owner or operator of a covered process pursuant to this chapter to withhold from disclosure 

to the Department certain information which is privileged trade secret or security information.

"Petitioner" means any person who submits a petition to withhold privileged trade secret or security 

information under this chapter.

"Piping and instrument diagram" or "P&ID" means one or more detailed diagrams including legends and 

citations of referenced documents showing: every item of EHS equipment and its identification number 

(including installed spare equipment); every pipe including size,, flow direction, identification number and 

indication of ANSI piping specification and break between piping specifications; symbols and identification of 

every instrument including instrument function to show trips and interlocks represented in accordance with 

Instrument Society of America standards or a standard adequate for the conduct of a safety review or hazard 

analysis with an appropriate symbol legend shown; every valve; the failsafe position of control valves or 

non-hand operated valves in the case of instrument air or power failure; steam traps; representation of insulation 

or heat tracing of piping, EHS equipment and instruments; sizes of all important equipment nozzles with 

location shown schematically to reflect function and elevation, such as, drains, vents, flushing connections and 

steam connections; references to inter-facing with other diagrams describing process, service, treatment, 

disposal, or utility systems; data on type, size, and set pressures of every relief valve and relieving device; 

instruments to monitor early detection of abnormal conditions or an EHS release; where critical, the relative 

elevations between equipment and of key piping; notes or symbols on such items as slope of critical piping to 

avoid pockets, or, where critical symetrical piping; notes on each item of EHS equipment, such as, material of 

construction, design temperature, design pressure, design thermal duty of heat exchangers, design capacity and 

dynamic head of rotating equipment, etc.

"Potential catastrophic event" means an incident that could have reasonably resulted in a catastrophic 

release of an EHS.

"Privileged trade secret or security information" means trade secret or security information which the 

Department has determined the owner or operator of a covered process is entitled to withhold from and not 

disclose to the Department; consisting of trade secret or security information which is not otherwise required to 

be disclosed to either the public or to any governmental agency or entity by any Federal or state law or 

regulation, and which has never been released to any person other than the owner's or operator's employees 

involved in its use.

"Process chemistry" means the chemical reactions which are relevant to possible scenarios of EHS 

release, including information on raw materials, intermediates, products, and waste products.

"Process flow diagram" means one or more diagrams of a covered process including legends and 

citations of referenced documents showing the use, generation, storage or handling of an EHS, items of 

equipment (groups of duplicate equipment may be represented by one symbol, if desired), flow of material from 

item to item, simplified basic control loops or major control schemes, points of discharge to the environment, 

and showing or cross-referencing documents which give details of material balance, flows, raw materials, 

products, intermediates, treatment chemicals, operating conditions of temperature, pressure, and stream 
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characteristics, operating cycles and batch sizes where applicable. A process flow diagram includes, or 

references, a block flow diagram that depicts the receipt, handling and storage steps at the stationary source of 

shipping containers of the EHS.

"Public copy" means a copy of any information submitted to the Department pursuant to the Act or this 

chapter which is identical to the confidential copy except that any confidential information shall be deleted. The 

public copy can be a photocopy of the confidential copy, with the confidential information blacked out.

"Qualified person or position" means the member of management who has the overall responsibility for 

the development, implementation and integration of the risk management program elements for the facility and 

who shall possess sufficient corporate authority and technical background to adjudicate issues relating to the 

execution of the risk management program based on information provided by manufacturing, engineering, 

maintenance, safety and environmental representatives.

“Rate of energy release” means the amount of heat energy released in a specified unit of time during a 

chemical reaction involving an EHS.

“Reactive hazard substance” or “RHS” means an EHS that is a substance, or combination of substances, 

which is capable of producing toxic or flammable EHSs or undergoing unintentional chemical transformations 

producing energy and causing an extraordinarily hazardous accident risk. RHSs are identified at N.J.A.C. 7:31-

6.3(a), Table I, Part D, Group I (List of Individual Reactive Hazard Substances).

“Reactive hazard substance (RHS) mixture” means an EHS that is a combination of substances 

intentionally mixed in a process vessel and is capable of undergoing an exothermic chemical reaction which 

produces toxic or flammable EHSs or energy. RHS mixtures include a reactant, product, or byproduct that is a 

chemical substance or a mixture of substances having one or more chemical functional groups specified in 

N.J.A.C. 7:31-6.3 (a), Table I, Part D, Group II. RHS mixture does not include non-reacting substances such as 

solvents. An RHS mixture has a heat of reaction which, by convention, is expressed as a negative value for an 

exothermic reaction, that has an absolute value greater than or equal to 100 calories per gram of RHS mixture.

"Registered EHS" means an EHS listed in the Risk Management Plan for a covered process.

"Reliability study" means the determination of the probability of a piece of EHS equipment performing 

its required function in the desired manner under all relevant conditions and on the occasion or during the time 

intervals when it is required to so perform. It includes the analysis of the failure of EHS equipment to perform 

its normal required function.

"Risk assessment" means the evaluation of the results of quantitative analyses to facilitate development 

of an effective risk reduction plan. The quantitative analyses shall consist of an estimate of the quantity, rate and 

duration of EHS released, a dispersion analysis, a consequence analysis, and an estimate of the probability or 

frequency of the undesired event.

"Risk assessment section" means all Department personnel engaged in the following activities 

concerning the review of risk management programs developed by owners and operators to ensure their 
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compliance with TCPA: detailed review of the risk management programs; creation and implementation of work 

plans; review of submittals to construct and operate new EHS covered processes; and periodic inspections and 

audits of risk management programs.

"Risk management program" means the sum total of programs for the purpose of minimizing 

extraordinarily hazardous accident risks, including, but not limited to, requirements for safety review of design 

for new and existing equipment, requirements for standard operating procedures, requirements for preventive 

maintenance programs, requirements for operator training and accident investigation procedures, requirements 

for risk assessment for specific pieces of equipment or operating alternatives, requirements for emergency 

response planning, and internal or external audit procedures to ensure programs are being executed as planned. 

Risk management program includes all activities performed and documents prepared pursuant to 40 CFR 

68.12(c) and (d) as incorporated by reference at N.J.A.C. 7:31-1.1(c).

"Risk reduction plan" means the plan developed as a result of a hazard analysis, risk assessment or 

EHSARA which identifies the risk reduction measures, recommends corrective actions, and provides for 

scheduling and implementation of remedial actions.

"Security information" means information the release of which could either compromise the physical 

security of the covered process or its operations, or adversely affect national security. Examples include, but are 

not limited to, offsite consequence analysis data and quantities and locations of EHSs at facilities.

"Sewer system piping diagram" means one or more diagrams relevant to the covered process and its 

potential releases showing those portions of the site plan that include the chemical sewers, sanitary sewers and 

storm water sewers drainage systems in the covered process or the adjoining areas.

"Site plan" means a diagram of the stationary source showing exact locations to scale of all units or 

areas, warehouses, buildings, roads, access ways, walkways, parking areas, fences, gates and property lines plus 

the covered process.

"Standard operating procedures" or "SOP" means the documents setting forth the operating procedures 

covering all details of operation involving an EHS that are currently in effect at the covered process.

"Substantiation" means the written submittal on a Department provided form which supports either a 

confidentiality claim or a petition to withhold privileged trade secret or security information.

"Tabletop exercise" means an activity in which the participants are gathered informally to describe 

actions to be taken to respond to a pre-planned simulated EHS release scenario based upon the emergency 

response plan as if it were an actual release, to include documents relevant to the EHS release scenario such as 

site plans, equipment arrangement plans and local street maps referenced by the participants during the exercise.

"TCPA" means the Toxic Catastrophe Prevention Act, N.J.S.A. 13:lK-19 et seq.

"TCPA program operating expense" means the cost for normal TCPA program operating items such as 

postage, telephone, travel supplies and data management systems.
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"Thermal analysis" means the computation of the distance from the center of a fireball that a criterion 

thermal radiation dose extends subsequent to specific release/ignition scenarios of a flammable substance.

"Total spending plan of the TCPA program" means the total annual estimated cost of operating the TCPA 

program approved by the Department for the fiscal year beginning July 1.

"Trade secret" means information concerning a formula, process, device or compilation which an owner 

or operator of a covered process uses to gain a business advantage over competitors who do not know or use it.

"What if Checklist" means a method of hazard analysis based on a systematic study of updated piping 

and instrument diagrams that describe the covered process taking into consideration process chemistry, standard 

operating procedures, maintenance procedures, EHS operator job descriptions, process flow diagrams, EHS 

inventory tabulations, electrical one-line diagrams and other documents. The study is composed of a 

comprehensive list of questions prepared in advance from study of the documents by team members either in 

conference or independently usually corresponding to their individual background. Results of the study shall be 

reported for a unit on a table. The results are entered on the table as follows: the "what if" question and its 

corresponding consequence/hazard, the criticality based on the quantity or rate of the potential release and the 

recommended action in terms of equipment or procedure to mitigate the consequence/hazard.

§68.10 Applicability.

(a) An owner or operator of a facility (stationary source) that has more than a threshold quantity of a 

regulated substance in a process, as determined under § 68.115 that uses, manufactures, stores or has the 

capability of producing at least the threshold quantity of an EHS as determined under N.J.A.C. 7:31-6 shall 

comply with the requirements of this Chapter. Determination of whether a threshold quantity is present at 

the facility shall be made using the sum of the EHS inventory of all covered processes at the facility. The 

EHS inventory of a covered process shall be the greatest of the instantaneous static inventory of the EHS 

contained and stored, the hourly generation rate of the EHS, or the amount of the EHS that can be released 

in one hour from any EHS equipment within a covered process. The owner or operator shall comply with 

the requirements of this part no later than the latest of the following dates:

(1) June 21, 1999 the schedule set forth in N.J.A.C. 7:31-7.5;

(2) Three years after the date on which a regulated substance is first listed under § 68.130; or

(3) The date on which a regulated substance is first present above a threshold quantity at or above a 

threshold quantity at the facility. in a process.

(4)For new covered processes, in accordance with the requirements at N.J.A.C. 7:31-4.11.

(b) Program 1 eligibility requirements. A covered process is eligible for Program 1 requirements as 

provided in § 68.12(b) if it meets all of the following requirements:

(1) For the five years prior to the submission of an RMP, the process has not had an accidental release 

of a regulated substance where exposure to the substance, its reaction products, overpressure generated by an 

explosion involving the substance, or radiant heat generated by a fire involving the substance led to any of the 

following offsite:
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(i) Death;

(ii) Injury; or

(iii) Response or restoration activities for an exposure of an environmental receptor;

(2) The distance to a toxic or flammable endpoint for a worst-case release assessment conducted under 

Subpart B and § 68.25 is less than the distance to any public receptor, as defined in § 68.30; and

(3) Emergency response procedures have been coordinated between the stationary source and local 

emergency planning and response organizations.

(c) A covered process is subject to Program 2 requirements if it does not meet Program 3 

requirements. However, any covered process that is subject to Program 2 requirements shall, on or after 

March 16, 2010, be subject to only Program 3 requirements.

(d) Program 3 eligibility requirements. A covered process is subject to Program 3. if the process does not 

meet the requirements of paragraph (b) of this section, and if either of the following conditions is met:

(1) The process is in NAICS code 32211, 32411, 32511, 325181, 325188, 325192, 325199, 325211, 

325311, or 32532; or

(2) The process is subject to the OSHA process safety management standard, 29 CFR 1910.119.(Note: 

this deletion will take effect on March 16, 2010.)

(e) If at any time a covered process no longer meets the eligibility criteria of its Program level, the 

owner or operator shall comply with the requirements of the new Program level that applies to the process and 

update the RMP as provided in § 68.190.

(f) The provisions of this part shall not apply to an Outer Continental Shelf (``OCS'') source, as defined 

in 40 CFR 55.2.

 

§68.12 General requirements.

(a) General requirements. The owner or operator of a stationary source subject to this part chaptershall 

submit a single RMP, as provided in §68.150 with changes specified at N.J.A.C. 7:31-7.1(c)1 and 2 to 

68.185(b). The RMP shall include a registration that reflects all covered processes.

(b) Program 1 requirements. In addition to meeting the requirements of paragraph (a) of this section, the 

owner or operator of a stationary source with a process eligible for Program 1, as provided in § 68.10(b), shall:

(1) Analyze the worst-case release scenario for the process(es), as provided in § 68.25; document that 

the nearest public receptor is beyond the distance to a toxic or flammable endpoint defined in § 68.22(a); and

submit in the RMP the worst-case release scenario as provided in § 68.165;

(2) Complete the five-year accident history for the process as provided in § 68.42 of this part and submit 

it in the RMP as provided in § 68.168;

(3) Ensure that response actions have been coordinated with local emergency planning and response 

agencies; and

(4) Certify in the RMP the following: ``Based on the criteria in 40 CFR 68.10, the distance to the 

specified endpoint for the worst-case accidental release scenario for the following process(es) is less than the 

distance to the nearest public receptor: [list process(es)]. Within the past five years, the process(es) has (have) 

had no accidental release that caused offsite impacts provided in the risk management program rule (40 CFR

68.10(b)(1)). No additional measures are necessary to prevent offsite impacts from accidental releases. In the 

event of fire, explosion, or a release of a regulated substance from the process(es), entry within the distance to 

the specified endpoints may pose a danger to public emergency responders. Therefore, public emergency 

responders should not enter this area except as arranged with the emergency contact indicated in the RMP. The 
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undersigned certifies that, to the best of my knowledge, information, and belief, formed after reasonable inquiry, 

the information submitted is true, accurate, and complete. [Signature, title, date signed].''

(c) Program 2 requirements. In addition to meeting the requirements of paragraph (a) of this section, 

the owner or operator of a stationary source with a process subject to Program 2, as provided in § 68.10(c), 

shall:

(1) Develop and implement a management system as provided in § 68.15;

(2) Conduct a hazard assessment as provided in § 68.20 through 68.42 ,

(3) Implement the Program 2 prevention steps provided in § 68.48 through 68.60 or implement the 

Program 3 prevention steps provided in Secs. 68.65 through 68.87;

(4) Develop and implement an emergency response program as provided in § 68.90 to 68.95;

(5) Submit as part of the RMP the data on prevention program elements for Program 2 processes as 

provided in § 68.170.

(d) Program 3 requirements. In addition to meeting the requirements of paragraph (a) of this section, the 

owner or operator of a stationary source with a process subject to Program 3, as provided in § 68.10(d) with 

changes specified at N.J.A.C. 7:31-1.1(c)3v. shall:

(1) Develop and implement a management system as provided in § 68.15 with changes specified at 

N.J.A.C. 7:31-1.1(c)5;

(2) Conduct a hazard assessment as provided in § 68.20 through 68.42;, with changes specified at 

N.J.A.C. 7:31-2.1(c)1 and 2.

(3) Implement the prevention requirements of § 68.65 through 68.87; with changes specified at N.J.A.C. 

7:31-4.1(c)1-22 24 and N.J.A.C. 7:31-4.2 through 4.11 12.

(4) Develop and implement an emergency response program as provided in § 68.90 to 68.95 of this part 

with changes specified at N.J.A.C. 7:31-5.1(c)1-4 and N.J.A.C. 7:31-5.2; and

(5) Submit as part of the RMP the data on prevention program elements for Program 3 processes as 

provided in § 68.175.

 

§68.15 Management.

(a) The owner or operator of a stationary source with processes subject to Program 2 or Program 3

shall develop a management system to oversee the implementation of the risk management program elements.

(b) The owner or operator shall assign a qualified person or position that has the overall responsibility 

for the development, implementation, and integration of the risk management program elements.

(c) When responsibility for implementing individual requirements of this part is assigned to persons 

other than the person identified under paragraph (b) of this section, the names or positions of these people shall 

be documented and the lines of authority defined through an organization chart or similar document.

i. The management system shall include a documentation plan which shall: (1) provide a list identifying 

all documentation required by this chapter including the document title, identification number, and storage 

location; and (2) describe how the owner or operator of a covered process will store, maintain and update all 

documentation required by this chapter.

ii. The management system shall provide a means of tracking and recording the EHS inventory at the 

facility against the Risk Management Plan registration quantity to ensure that the EHS registration quantity of 
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each registered covered process is not exceeded.

Additional New Jersey Requirements

7:31-1.2 Construction

(a) These rules shall be liberally construed to permit the Department to discharge its statutory 

functions.

(b) The Commissioner may amend or repeal this chapter in conformance with the Administrative 

Procedure Act, N.J.S.A. 52:14B-1 et seq., and N.J.A.C. 1:30-1 et seq.

7:31-1.3 Purpose

(a) The general purpose of this chapter is to protect the public from catastrophic accidents from 

chemical releases of extraordinarily hazardous substances to the environment by anticipating the circumstances 

that could result in such releases and requiring precautionary and preemptive actions to prevent such releases.

(b) In order to achieve this general purpose, this chapter establishes:

1. The extraordinarily hazardous substance list which, among other things, is used to 

determine the facilities subject to the Toxic Catastrophe Prevention Act program;

2. The procedures to be followed by owners or operators subject to the program;

3. The minimum requirements for an acceptable risk management program;

4. The requirements for an extraordinarily hazardous substance risk reduction work plan 

and accident risk assessment;

5. The criteria for selecting an independent consultant to perform an extraordinarily 

hazardous substance accident risk assessment;

6. Fees for the administration of the TCPA Program;

7. The requirements for emergency response plans:

8. The reporting requirements for owners and operators subject to the Toxic Catastrophe 

Prevention Act Program;

9. Administrative penalties for those facilities which violate the Act, this chapter or any 

order or consent agreement issued pursuant thereto; and

10. The incorporation by reference of specified provisions of the Federal Chemical Accident 

Prevention Provisions at 40 CFR Part 68.

7:31-1.4 Incorporation by reference of the Code of Federal Regulations
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(a) Unless specifically excluded by these rules, when a provision of the Code of Federal Regulations 

(CFR) is incorporated by reference, all notes, comments, appendices, diagrams, tables, forms, figures, 

publications and all future amendments and supplements are also incorporated by reference.

(b) When a provision of 40 CFR Part 68 is incorporated by reference all internal references 

contained therein are also incorporated by reference for the purposes of that provision, unless otherwise noted. 

Each internal reference to 40 CFR Part 68 shall be interpreted to include, in addition to the Federal citation, any 

changes or deletions to that citation by the corresponding state subchapter. For example, all references within the 

CFR to 40 CFR Part 68 shall include the changes, additions and deletions which N.J.A.C. 7:31 makes to 40 CFR 

Part 68.

(c) Provisions of the CFR which are excluded from incorporation by reference in these rules are 

excluded in their entirety, unless otherwise specified. If there is a cross reference to a federal citation which was 

specifically entirely excluded from incorporation, the cross referenced citation is not incorporated by virtue of 

the cross reference. 

(d) Federal statutes and regulations that are cited in 40 CFR Part 68 that are not specifically adopted 

by reference shall be used to assist in interpreting the Federal regulations in 40 CFR Part 68.

(e) In the event that there are inconsistencies or duplications in requirements in the provisions 

incorporated by reference from 40 CFR Part 68 and the rules set forth in this chapter, the provisions 

incorporated by reference from 40 CFR Part 68 shall prevail, except where the rules set forth in this chapter are 

more stringent.

(f) Nothing in these provisions incorporated by reference from the CFR shall affect the 

Department's authority to enforce statutes, rules, permits or orders administered or issued by the Commissioner.

(g) Any future additional Subparts of 40 CFR Part 68 are incorporated by reference.

Note: 7:31-1.5 can be found on page 10.

7:31-1.6 Severability

(a) If any section, subsection, provision, clause, or portion of this chapter is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this chapter shall not be affected 

thereby and shall remain in full force and effect.

7:31-1.7 Practice where these rules do not govern

The Department may rescind, amend or expand theses rules from time to time, and such rules shall be 

filed with the Office of Administrative Law as provided by the Administrative Procedure Act, N.J.S.A. 52:14B-1 

et seq. In any matter concerning chemical accident prevention that arises not governed by these rules, the 

Department shall exercise its discretion within the authority of N.J.S.A. 13:1B-3, 13:1D-9, 13:1K-19 et seq., 

26:2C-1 et seq. and all other legislatively conferred powers.
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7:31-1.8 Document availability

(a) Copies of the CFR (40 CFR Part 68) as adopted and incorporated by reference are available for 

review. Publications incorporated by reference within the Code of Federal regulations are also available for 

review. These may be reviewed by contacting the Department at:

New Jersey Department of Environmental Protection

Bureau of Release Prevention

PO Box 424

Trenton NJ 08625-0424

Telephone (609)633-0619

(b) Copies of the CFR (40 CFR Part 68) as adopted and incorporated by reference may be purchased 

from the following sources:

U.S. Government Printing Office

Superintendent of Documents

Mail Stop: SCOP

Washington, DC 20402-9328

U.S. Government Printing Office Bookstore

Room 110, 26 Federal Plaza

New York, NY 10278-0081

U.S. Government Printing Office Bookstore

Robert Morris Building

100 North 17th Street

Philadelphia. PA 19103

(c) Copies of the CFR (40 CFR Part 68) as adopted and incorporated by reference herein are also 

available for review at the following public libraries:

New Jersey State Library

PO Box 520, 185 West State Street

Trenton, NJ 08625-0520

Newark Public Library

5 Washington Street

Newark, NJ 07101

7:31-1.9 Prohibitions

(a) No owner or operator of a covered process shall handle, use, manufacture, generate or store an 

EHS, except in a manner which complies with the TCPA, this chapter, and the approved risk management 
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program.

(b) No owner or operator of a facility for which there is no previously approved risk management 

program shall construct a new covered process or utilize an existing process for a new EHS service unless the 

owner or operator has complied with N.J.A.C. 7:31-3.4 (Program 2) or N.J.A.C. 7:31-4.11 (Program 3).

1. As of March 16, 2010, no owner or operator of a facility for which there is no previously 

approved risk management program shall construct a new covered process or utilize an existing process for a 

new EHS service unless the owner or operator has complied with N.J.A.C. 7:31-4.11.

(c) No owner or operator of a newly constructed covered process or an existing process being 

utilized for a new EHS service at a facility for which there is no previously approved risk management program 

shall begin operating that covered process until the Department and the owner or operator have executed a 

consent agreement containing an approved risk management program.

(d) No owner or operator of a facility with an approved risk management program shall operate a 

new process or utilize an existing covered process for a new EHS service before submitting to the Department 

the documentation required by N.J.A.C. 7:31-3.4(c) or (d) (Program 2) or N.J.A.C. 7:31-4.11(c) or (d) (Program 

3), and the fee required by N.J.A.C. 7:31-1.11. The owner or operator shall not operate the new covered process 

before executing a consent agreement to update the approved risk management program for the new covered 

process.

1. As of March 16, 2010, no owner or operator of a facility with an approved risk management 

program shall operate a new process or utilize an existing covered process for a new EHS service before 

submitting to the Department the documentation required by N.J.A.C. 7:31-4.11(c) or (d) (Program 3) and the 

fee required by N.J.A.C. 7:31-1.11.

(e) No owner or operator of a covered process shall fail to provide the Department with any 

information required to be submitted to the Department pursuant to the TCPA or this chapter.

7:31-1.10 Prevention of catastrophic accidents

(a) The Department may take such actions as it deems necessary in order to protect human health 

from an EHS release. Such actions may include, but shall not be limited to, issuing such orders as may be 

necessary to protect the health of persons who may subject to such a release.

(b) The Department may include in the orders, at its discretion, the following:

1. A requirement that the owner or operator immediately submit a risk management 

program to the Department for review;

2. A requirement that the owner or operator perform a safety review, hazard analysis or risk 

assessment;

3. A requirement that the owner or operator immediately take risk reduction actions or 

implement a risk reduction plan;

4. A requirement that the owner or operator cease operating until the identified risk or risks 
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have been abated; or

5. Any other requirement the Department determines is necessary to carry out the purposes 

of the TCPA or this chapter.

(c) When the Department issues an order or takes other appropriate action pursuant to this section, 

such order or action shall not be deemed to affect the availability of, or preclude the use of, any other 

enforcement provision.

7:31-1.11A Fees 

(a) After June 21, 1999, each owner or operator of a stationary source subject to this chapter shall 

pay an annual fee to the Department. The annual fee shall be computed in accordance with (b), (c) and (i) 

through (m) below, and billed and remitted in accordance with (f) through (h) below.

(b) The Department shall assess annual fees that include a base fee, a covered process derived fee, 

and an inventory derived fee. The base fee unit rate, covered process derived fee unit rate, and inventory 

derived fee unit rate shall be calculated using the data from the TCPA database as of October 1 of the current 

year.

(c) The Department shall annually determine during the month of October the base fee and the 

covered process and inventory derived fee unit rates, taking the following steps:

1. Establish the spending plan by projecting the amount of money required to fund the 

TCPA program during the fiscal year in which owners or operators shall be charged fees based on the following 

data:

i. The cost of Department staff in all positions of the TCPA program for which fees 

are charged for the current fiscal year;

ii. The cost of fringe benefits for those staff members identified at (c)1i above, 

calculated as a percentage of their salaries, which percentage is set by the New Jersey Department of the 

Treasury based upon costs associated with pensions, health benefits, workers' compensation, disability benefits, 

unused sick leave, and the employer's share of FICA;

iii. Indirect costs attributable to those staff members identified at (c)1i above. 

"Indirect costs" means costs incurred for a common or joint purpose, benefiting more than one cost objective, 

and not readily assignable to the cost objective specifically benefited without effort disproportionate to the 

results achieved. Indirect costs shall be calculated at the rate negotiated annually between the Department and 

the United States Environmental Protection Agency, multiplied by the total of salaries and fringe benefits;

iv. The estimated TCPA program operating expenses; and

v. The budgeted annual cost of legal services rendered by the Department of Law 

and Public Safety, Division of Law, in connection with the TCPA program;

2. Subtract a positive difference or add a negative difference of the "budget-expenditure 

variance" of the spending plan for the TCPA program of the prior fiscal year, determined by the Department as 
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of October 1 of the current fiscal year, from the amount of money required to fund the TCPA program 

determined in (c)1 above to determine the net money required.

3. Project the total amount to be contributed by the inventory derived fee to the aggregate 

fee of each owner or operator. This projection shall be based on the following data and steps:

i. Determine the sum of hazard units at all covered processes registered as of 

October 1 of the fiscal year during which the determination is made; and

ii. Determine the contribution of the aggregate inventory fees to be collected as 

forty percent of the net money required as determined at (c)2 above; and

iii. Determine the value of the unit inventory derived fee in dollars per hazard unit 

by dividing (c)3ii by (c)3i.

4. Determine the total amount to be contributed by the covered process derived fee to the 

aggregate fee of each owner or operator of a covered process. The determination shall be based on the following 

data and steps:

i. Determine the number of covered processes as of October 1 of the fiscal year 

during which the determination is made;

ii. Determine the contribution of the aggregate covered process fees to be collected 

as forty percent of the net money required as determined at (c)2 above; and

iii. Determine the value of the unit covered process derived fee in dollars per 

covered process by dividing (c)4ii by (c)4i.

5. Determine the total amount to be contributed by the base fee to the aggregate fee of each 

owner or operator. The determination shall be based on the following data and steps:

i. Determine the total number of facilities as of October 1 of the fiscal year during 

which the determination is made;

ii. Determine the contribution of the aggregate base fee to be collected as twenty 

percent of the net money required as determined at (c)2 above; and

iii. Determine the value of the base fee in dollars per owner or operator by dividing 

(c)5ii by (c)5i.

6. Each year, the Department shall prepare an Annual TCPA Fee Schedule Report. During 

the month of December, the Department shall publish a summary including the fee schedule in the New Jersey 

Register setting forth the adjusted base fee, covered process derived, and inventory derived unit rates and the 

operative date thereof. The notice shall state that the report is available, and shall direct interested persons to 

contact the Department for a copy of the report. The Department shall provide a copy of the report to each 

person requesting a copy.

(d) An owner or operator of a new covered process with no EHSs registered who registers an 

extraordinarily hazardous substance with the Department shall submit the annual fee for that calendar year 

computed in accordance with (b), (c) and (i) through (m) below in accordance with the bill received from the 
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Department.

(e) An owner or operator having previously registered EHSs who is registering a new covered 

process or increasing the EHS inventory shall submit the inventory derived fee for the incremental EHS 

inventory, computed in accordance with (i) below, in accordance with the bill received from the Department. 

(f) The annual fees are assessed on the basis of the fiscal year and shall not be prorated or refunded.

(g) Except for the fees submitted pursuant to (d) and (e) above, the Department, during the month of 

January, will send each owner or operator a bill for each stationary source stating the fee for that calendar year.

1. This bill shall include the base fee and fees calculated using inventory and covered 

process data from the owner or operator's Risk Management Plan on file with the Department as of the previous 

October 1.

(h) The owner or operator shall pay his/her fee by check or money order, payable to "Treasurer, 

State of New Jersey" prior to February 28 of the year in which it is billed. Any owner or operator who has not 

paid the annual fee by the due date will be assessed a 25 percent late fee. The check or money order shall be 

submitted in accordance with the remittance information contained on the bill.

(i) For the purpose of calculating fees, "inventory" as used in this section means the maximum 

quantity for each EHS reported by the owner or operator of a covered process on the Risk Management Plan 

submitted to the Department in accordance with N.J.A.C. 7:31-7.

(j)-(l) (Reserved)

(m) The annual fee for the owner or operator of a stationary source shall be the sum of the base fee 

and the sum of the covered process derived fee for each covered process and the sum of each EHS inventory 

derived fee except as provided at (o) and (p) below.

(n) (Reserved)

(o) The annual fee for an owner or operator who has temporarily discontinued use, handling, storage 

or generation of all EHSs at the facility and has signed a consent agreement or consent agreement addendum 

pursuant to N.J.A.C. 7:31-4.10 (for the Program 3 covered processes) shall be 25 percent of the base fee. 

(p) The annual fee for an owner or operator who has obtained a temporary discontinuance in 

accordance with N.J.A.C. 7:31-4.10 for one or more EHSs, but has retained other EHSs at the facility that are 

registered in the most current Risk Management Plan in amounts that meet or exceed threshold quantities shall 

be the full base fee and the covered process and inventory fees for the registered EHSs. 

(q) Each owner or operator submitting a confidentiality claim substantiation form in accordance 

with N.J.A.C. 7:31-10.5(d) shall submit a fee of $350.00 in 1988 dollars, adjusted pursuant to (u) below by the 

Consumer Price Index from July 1988 to the month in which the claim is submitted, for the review of the claim
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at the time of submitting the claim substantiation form. The fee shall be submitted in accordance with the 

remittance information contained on the bill.

(r) Each owner or operator submitting a petition to withhold privileged trade secret or security 

information in accordance with N.J.A.C. 7:31-10.6 shall submit a fee of $350.00 in 1988 dollars, adjusted 

pursuant to (u) below by the Consumer Price Index from July 1988 to the month in which the petition is 

submitted, for the review of his or her petition at the time of submitting the petition substantiation form. The fee 

shall be submitted in accordance with the remittance information contained on the bill.

(s) Any fee under this chapter that is subject to N.J.A.C. 7:1L shall be payable in installments in 

accordance with N.J.A.C. 7:1L.

(t) Each owner or operator submitting an exemption request in accordance with N.J.A.C. 

7:31-6.3(e) shall submit a fee of $275.50 in 1988 dollars, adjusted pursuant to (u) below by the Consumer 

Price Index from July 1988 to the month in which the exemption request is made, for the review of the 

request. The fee shall be submitted in accordance with the remittance information contained on the bill 

provided by the Department.

(u) The Consumer Price Index used to adjust the fee submitted with a request pursuant to (q), (r) or 

(t) above shall be calculated using the CPI-U data published monthly by the U.S. Department of Labor. The 

CPI-U data is re-published monthly in the Survey of Current Business, Bureau of Economic Analysis, U.S. 

Department of Commerce. The percentage increase in the CPI for the month in which a request pursuant to 

(q), (r) or (t) is made (the submittal month), relative to the CPI for July 1988, shall be determined in 

accordance with the following procedure:

1. The CPI for July 1988 is 117.2;

2. The CPI used in calculating the fee for the submittal month shall be the most recent CPI-U 

available at the time the request is submitted; 

3. The percentage change in the CPI relative to the July 1988 CPI shall be calculated in 

accordance with the following formula:

i. Percentage Change = 100 x ((submittal month CPI – 117.2)/117.2)

ii. Where:

(1) Submittal month CPI is the CPI determined pursuant to (u)2 above; and

(2) 117.2 is the CPI for July 1988, pursuant to (u)1 above; 

4. If the percentage change is a negative number, the submittal fee shall not be decreased; and

5. The submittal fee shall be rounded up to the nearest half dollar.

7:31- 1.12 Release of information by insurance carriers

(a) After a review of documents and a stationary source inspection, the Department may determine 

that an owner or operator shall authorize its environmental liability or worker's compensation insurance carrier 

to supply certain information to the Department.

(b) The determination will be based on a finding that the insurance information is necessary for the 
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Department to evaluate effectively the owner or operator's EHS management practices;

 

(c) The information to be supplied to the Department by the insurance carrier shall include, but not 

be limited to:

1. Reports of inspections for compliance with mandated codes or standards;

2. Reports of safety and environmental inspections or audits;

3. Reports of inspections of fire protection equipment;

4. Reports of any additional studies conducted which evaluated the adequacy of the owner 

or operator's management of EHSs; and

5. The reports requested in (c)1 through 4 above shall include a summary of any 

deficiencies found and any recommended remedial actions.

(d) Upon written request from the Department, the owner or operator shall, within 30 days, 

authorize the insurance carrier to release the information requested to the Department. The insurance company 

shall forward to the Department the requested information within 30 days of the receipt of the authorization to 

do so from the owner or operator.

(e) The Department is authorized to disclose information obtained from an insurance carrier or its 

representative pursuant to this section only to its own employees or agents to assist in enforcing the provisions 

of the TCPA, or for use in a civil or criminal proceeding, if so ordered by a court.
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SUBCHAPTER 2. HAZARD ASSESSMENT

7:31-2.1 Incorporation by reference

(a) This subchapter incorporates by reference 40 CFR Part 68 Subpart B, including all future 

amendments and supplements, except as provided below.

(b) The following provision of 40 CFR 68 Subpart B is not incorporated by reference: 40 CFR 

68.25(a)(1).

(c) The following provisions of 40 CFR 68 Subpart B are incorporated by reference with the 

specified changes:

1. 40 CFR 68.20, in the first sentence, delete the word "part" and replace with "chapter."

2. 40 CFR 68.22(a)(1), after "in Appendix A of this part." add, "Toxic endpoints for Table I, 

Part A toxic substances not listed in Appendix A shall be determined in accordance with the criteria 

used by EPA in developing 40 CFR Part 68 Appendix A."

40 CFR 68 Subpart B--Hazard Assessment

§68.20 Applicability.

The owner or operator of a stationary source subject to this part shall prepare a worst-case release 

scenario analysis as provided in § 68.25 of this part chapter and complete the five-year accident history as 

provided in § 68.42. The owner or operator of a Program 2 and 3 process must comply with all sections in this 

subpart for these processes.

§68.22 Offsite consequence analysis parameters.

(a) Endpoints. For analyses of offsite consequences, the following endpoints shall be used:

(1) Toxics. The toxic endpoints provided in Appendix A of this part. Toxic endpoints for Table I, Part A 

toxic substances not listed in Appendix A shall be determined by the Department in accordance with the criteria 

used by EPA in developing 40 CFR Part 68 Appendix A.

(2) Flammables. The endpoints for flammables vary according to the scenarios studied:

(i) Explosion. An overpressure of 1 psi.

(ii) Radiant heat/exposure time. A radiant heat of 5 kw/m2for 40 seconds.

(iii) Lower flammability limit. A lower flammability limit as provided in NFPA documents or other 

generally recognized sources.

(b) Wind speed/atmospheric stability class. For the worst-case release analysis, the owner or operator 

shall use a wind speed of 1.5 meters per second and F atmospheric stability class. If the owner or operator can 

demonstrate that local meteorological data applicable to the stationary source show a higher minimum wind 

speed or less stable atmosphere at all times during the previous three years, these minimums may be used. For 
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analysis of alternative scenarios, the owner or operator may use the typical meteorological conditions for the 

stationary source.

(c) Ambient temperature/humidity. For worst-case release analysis of a regulated toxic substance, the 

owner or operator shall use the highest daily maximum temperature in the previous three years and average 

humidity for the site, based on temperature/humidity data gathered at the stationary source or at a local 

meteorological station; an owner or operator using the RMP Offsite Consequence Analysis Guidance may use 

25 deg.C and 50 percent humidity as values for these variables. For analysis of alternative scenarios, the owner 

or operator may use typical temperature/humidity data gathered at the stationary source or at a local 

meteorological station.

(d) Height of release. The worst-case release of a regulated toxic substance shall be analyzed assuming 

a ground level (0 feet) release. For an alternative scenario analysis of a regulated toxic substance, release 

height may be determined by the release scenario.

(e) Surface roughness. The owner or operator shall use either urban or rural topography, as 

appropriate. Urban means that there are many obstacles in the immediate area; obstacles include buildings or 

trees. Rural means there are no buildings in the immediate area and the terrain is generally flat and 

unobstructed.

(f) Dense or neutrally buoyant gases. The owner or operator shall ensure that tables or models used for 

dispersion analysis of regulated toxic substances appropriately account for gas density.

(g) Temperature of released substance. For worst case, liquids other than gases liquified by refrigeration 

only shall be considered to be released at the highest daily maximum temperature, based on data for the 

previous three years appropriate for the stationary source, or at process temperature, whichever is higher. For 

alternative scenarios, substances may be considered to be released at a process or ambient temperature that is 

appropriate for the scenario.

§68.25 Worst-case release scenario analysis.

(a) The owner or operator shall analyze and report in the RMP:

(1) For Program 1 processes, one worst-case release scenario for each Program 1 process;

(2) For Program 2 and 3 processes:

(i) One worst-case release scenario that is estimated to create the greatest distance in any direction to 

an endpoint provided in Appendix A of this part resulting from an accidental release of regulated toxic 

substances from covered processes under worst-case conditions defined in § 68.22;

(ii) One worst-case release scenario that is estimated to create the greatest distance in any direction to 

an endpoint defined in § 68.22(a) resulting from an accidental release of regulated flammable substances from 

covered processes under worst-case conditions defined in § 68.22; and

(iii) Additional worst-case release scenarios for a hazard class if a worst-case release from another 

covered process at the stationary source potentially affects public receptors different from those potentially 

affected by the worst-case release scenario developed under paragraphs (a)(2)(i) or (a)(2)(ii) of this section.

(b) Determination of worst-case release quantity. The worst-case release quantity shall be the greater of 

the following:

(1) For substances in a vessel, the greatest amount held in a single vessel, taking into account 

administrative controls that limit the maximum quantity; or

(2) For substances in pipes, the greatest amount in a pipe, taking into account administrative controls 

that limit the maximum quantity.
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(c) Worst-case release scenario--toxic gases.

(1) For regulated toxic substances that are normally gases at ambient temperature and handled as a gas 

or as a liquid under pressure, the owner or operator shall assume that the quantity in the vessel or pipe, as 

determined under paragraph (b) of this section, is released as a gas over 10 minutes. The release rate shall be 

assumed to be the total quantity divided by 10 unless passive mitigation systems are in place.

(2) For gases handled as refrigerated liquids at ambient pressure:

(i) If the released substance is not contained by passive mitigation systems or if the contained pool 

would have a depth of 1 cm or less, the owner or operator shall assume that the substance is released as a gas 

in 10 minutes;

(ii) If the released substance is contained by passive mitigation systems in a pool with a depth greater 

than 1 cm, the owner or operator may assume that the quantity in the vessel or pipe, as determined under 

paragraph (b) of this section, is spilled instantaneously to form a liquid pool. The volatilization rate (release 

rate) shall be calculated at the boiling point of the substance and at the conditions specified in paragraph (d) of 

this section.

(d) Worst-case release scenario--toxic liquids.

(1) For regulated toxic substances that are normally liquids at ambient temperature, the owner or 

operator shall assume that the quantity in the vessel or pipe, as determined under paragraph (b) of this section, 

is spilled instantaneously to form a liquid pool.

(i) The surface area of the pool shall be determined by assuming that the liquid spreads to 1 centimeter 

deep unless passive mitigation systems are in place that serve to contain the spill and limit the surface area. 

Where passive mitigation is in place, the surface area of the contained liquid shall be used to calculate the 

volatilization rate.

(ii) If the release would occur onto a surface that is not paved or smooth, the owner or operator may 

take into account the actual surface characteristics.

(2) The volatilization rate shall account for the highest daily maximum temperature occurring in the 

past three years, the temperature of the substance in the vessel, and the concentration of the substance if the 

liquid spilled is a mixture or solution.

(3) The rate of release to air shall be determined from the volatilization rate of the liquid pool. The 

owner or operator may use the methodology in the RMP Offsite Consequence Analysis Guidance or any other 

publicly available techniques that account for the modeling conditions and are recognized by industry as 

applicable as part of current practices. Proprietary models that account for the modeling conditions may be 

used provided the owner or operator allows the implementing agency access to the model and describes model 

features and differences from publicly available models to local emergency planners upon request.

(e) Worst-case release scenario--flammable gases. The owner or operator shall assume that the quantity 

of the substance, as determined under paragraph (b) of this section and the provisions below, vaporizes 

resulting in a vapor cloud explosion. A yield factor of 10 percent of the available energy released in the 

explosion shall be used to determine the distance to the explosion endpoint if the model used is based on TNT 

equivalent methods.

(1) For regulated flammable substances that are normally gases at ambient temperature and handled as 

a gas or as a liquid under pressure, the owner or operator shall assume that the quantity in the vessel or pipe, 

as determined under paragraph (b) of this section, is released as a gas over 10 minutes. The total quantity shall 

be assumed to be involved in the vapor cloud explosion.

(2) For flammable gases handled as refrigerated liquids at ambient pressure:

(i) If the released substance is not contained by passive mitigation systems or if the contained pool 
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would have a depth of one centimeter or less, the owner or operator shall assume that the total quantity of the 

substance is released as a gas in 10 minutes, and the total quantity will be involved in the vapor cloud 

explosion.

(ii) If the released substance is contained by passive mitigation systems in a pool with a depth greater 

than 1 centimeter, the owner or operator may assume that the quantity in the vessel or pipe, as determined 

under paragraph (b) of this section, is spilled instantaneously to form a liquid pool. The volatilization rate 

(release rate) shall be calculated at the boiling point of the substance and at the conditions specified in 

paragraph (d) of this section. The owner or operator shall assume that the quantity which becomes vapor in the 

first 10 minutes is involved in the vapor cloud explosion.

(f) Worst-case release scenario--flammable liquids. The owner or operator shall assume that the 

quantity of the substance, as determined under paragraph (b) of this section and the provisions below, vaporizes 

resulting in a vapor cloud explosion. A yield factor of 10 percent of the available energy released in the 

explosion shall be used to determine the distance to the explosion endpoint if the model used is based on TNT 

equivalent methods.

(1) For regulated flammable substances that are normally liquids at ambient temperature, the owner or 

operator shall assume that the entire quantity in the vessel or pipe, as determined under paragraph (b) of this 

section, is spilled instantaneously to form a liquid pool. For liquids at temperatures below their atmospheric 

boiling point, the volatilization rate shall be calculated at the conditions specified in paragraph (d) of this 

section.

(2) The owner or operator shall assume that the quantity which becomes vapor in the first 10 minutes is 

involved in the vapor cloud explosion.

(g) Parameters to be applied. The owner or operator shall use the parameters defined in § 68.22 to 

determine distance to the endpoints. The owner or operator may use the methodology provided in the RMP 

Offsite Consequence Analysis Guidance or any commercially or publicly available air dispersion modeling 

techniques, provided the techniques account for the modeling conditions and are recognized by industry as 

applicable as part of current practices. Proprietary models that account for the modeling conditions may be 

used provided the owner or operator allows the implementing agency access to the model and describes model 

features and differences from publicly available models to local emergency planners upon request.

(h) Consideration of passive mitigation. Passive mitigation systems may be considered for the analysis 

of worst case provided that the mitigation system is capable of withstanding the release event triggering the 

scenario and would still function as intended.

(i) Factors in selecting a worst-case scenario. Notwithstanding the provisions of paragraph (b) of this 

section, the owner or operator shall select as the worst case for flammable regulated substances or the worst 

case for regulated toxic substances, a scenario based on the following factors if such a scenario would result in 

a greater distance to an endpoint defined in § 68.22(a) beyond the stationary source boundary than the scenario 

provided under paragraph (b) of this section:

(1) Smaller quantities handled at higher process temperature or pressure; and

(2) Proximity to the boundary of the stationary source.

§68.28 Alternative release scenario analysis.

(a) The number of scenarios. The owner or operator shall identify and analyze at least one alternative 

release scenario for each regulated toxic substance held in a covered process(es) and at least one alternative 

release scenario to represent all flammable substances held in covered processes.
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(b) Scenarios to consider. (1) For each scenario required under paragraph (a) of this section, the owner 

or operator shall select a scenario:

(i) That is more likely to occur than the worst-case release scenario under § 68.25; and 

(ii) That will reach an endpoint offsite, unless no such scenario exists.

(2) Release scenarios considered should include, but are not limited to, the following, where applicable:

(i) Transfer hose releases due to splits or sudden hose uncoupling;

(ii) Process piping releases from failures at flanges, joints, welds, valves and valve seals, and drains or 

bleeds;

(iii) Process vessel or pump releases due to cracks, seal failure, or drain, bleed, or plug failure;

(iv) Vessel overfilling and spill, or overpressurization and venting through relief valves or rupture disks; 

and

(v) Shipping container mishandling and breakage or puncturing leading to a spill.

(c) Parameters to be applied. The owner or operator shall use the appropriate parameters defined in § 

68.22 to determine distance to the endpoints. The owner or operator may use either the methodology provided 

in the RMP Offsite Consequence Analysis Guidance or any commercially or publicly available air dispersion 

modeling techniques, provided the techniques account for the specified modeling conditions and are recognized 

by industry as applicable as part of current practices. Proprietary models that account for the modeling 

conditions may be used provided the owner or operator allows the implementing agency access to the model 

and describes model features and differences from publicly available models to local emergency planners upon 

request.

(d) Consideration of mitigation. Active and passive mitigation systems may be considered provided they 

are capable of withstanding the event that triggered the release and would still be functional.

(e) Factors in selecting scenarios. The owner or operator shall consider the following in selecting 

alternative release scenarios:

(1) The five-year accident history provided in § 68.42; and

(2) Failure scenarios identified under Secs. 68.50 or 68.67.

§68.30 Defining offsite impacts--population.

(a) The owner or operator shall estimate in the RMP the population within a circle with its center at the 

point of the release and a radius determined by the distance to the endpoint defined in § 68.22(a).

(b) Population to be defined. Population shall include residential population. The presence of 

institutions (schools, hospitals, prisons), parks and recreational areas, and major commercial, office, and 

industrial buildings shall be noted in the RMP.

(c) Data sources acceptable. The owner or operator may use the most recent Census data, or other 

updated information, to estimate the population potentially affected.

(d) Level of accuracy. Population shall be estimated to two significant digits.

§68.33 Defining offsite impacts--environment.

(a) The owner or operator shall list in the RMP environmental receptors within a circle with its center at

the point of the release and a radius determined by the distance to the endpoint defined in § 68.22(a) of this 

part.

(b) Data sources acceptable. The owner or operator may rely on information provided on local U.S. 
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Geological Survey maps or on any data source containing U.S.G.S. data to identify environmental receptors.

§68.36 Review and update.

(a) The owner or operator shall review and update the offsite consequence analyses at least once every 

five years.

(b) If changes in processes, quantities stored or handled, or any other aspect of the stationary source 

might reasonably be expected to increase or decrease the distance to the endpoint by a factor of two or more, the 

owner or operator shall complete a revised analysis within six months of the change and submit a revised risk 

management plan as provided in § 68.190.

§68.39 Documentation

The owner or operator shall maintain the following records on the offsite consequence analyses:

(a) For worst-case scenarios, a description of the vessel or pipeline and substance selected as worst 

case, assumptions and parameters used, and the rationale for selection; assumptions shall include use of any 

administrative controls and any passive mitigation that were assumed to limit the quantity that could be 

released. Documentation shall include the anticipated effect of the controls and mitigation on the release 

quantity and rate.

(b) For alternative release scenarios, a description of the scenarios identified, assumptions and 

parameters used, and the rationale for the selection of specific scenarios; assumptions shall include use of any 

administrative controls and any mitigation that were assumed to limit the quantity that could be released. 

Documentation shall include the effect of the controls and mitigation on the release quantity and rate.

(c) Documentation of estimated quantity released, release rate, and duration of release.

(d) Methodology used to determine distance to endpoints.

(e) Data used to estimate population and environmental receptors potentially affected.

§68.42 Five-year accident history.

(a) The owner or operator shall include in the five-year accident history all accidental releases from 

covered processes that resulted in deaths, injuries, or significant property damage on site, or known offsite

deaths, injuries, evacuations, sheltering in place, property damage, or environmental damage.

(b) Data required. For each accidental release included, the owner or operator shall report the 

following information:

(1) Date, time, and approximate duration of the release;

(2) Chemical(s) released;

(3) Estimated quantity released in pounds and, for mixtures containing regulated toxic substances, 

percentage concentration by weight of the released regulated toxic substance in the liquid mixture;

(4) Five- or six-digit NAICS code that most closely corresponds to the process;

(5) The type of release event and its source;

(6) Weather conditions, if known;

(7) On-site impacts;

(8) Known offsite impacts;

(9) Initiating event and contributing factors if known;
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(10) Whether offsite responders were notified if known; and

(11) Operational or process changes that resulted from investigation of the release and that have 

been made by the time this information is submitted in accordance with Sec. 68.168.

(c) Level of accuracy. Numerical estimates may be provided to two significant digits.
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 Appendix A to Part 68--Table of Toxic Endpoints 

 [As defined in Sec. 68.22 of this part] 

 Toxic 

CAS No. Chemical name endpoint 

(mg/L) 

107-02-8......................... Acrolein [2-Propenal].............................. 0.0011 

107-13-1......................... Acrylonitrile [2-Propenenitrile]................... 0.076 

814-68-6......................... Acrylyl chloride [2-Propenoyl chloride]............ 0.00090

107-18-6......................... Allyl alcohol [2-Propen-1-ol]...................... 0.036 

107-11-9......................... Allylamine [2-Propen-1-amine]...................... 0.0032 

7664-41-7....................... Ammonia (anhydrous)................................ 0.14 

7664-41-7....................... Ammonia (conc 20% or greater)..................... 0.14 

7784-34-1....................... Arsenous trichloride............................... 0.010 

7784-42-1....................... Arsine............................................. 0.0019 

10294-34-5..................... Boron trichloride [Borane, trichloro-]............. 0.010 

7637-07-2....................... Boron trifluoride [Borane, trifluoro-]............. 0.028 

353-42-4.......................... Boron trifluoride compound with methyl......... 0.023 

 ether (1:1)[Boron, trifluoro[oxybis[methane]]-, T-4. 

7726-95-6........................ Bromine............................................ 0.0065 

75-15-0........................... Carbon disulfide................................... 0.16 

7782-50-5....................... Chlorine........................................... 0.0087 

10049-04-4...................... Chlorine dioxide [Chlorine oxide (ClO2)]...... 0.0028 

67-66-3............................ Chloroform [Methane, trichloro-]................... 0.49 

542-88-1.......................... Chloromethyl ether [Methane, oxybis[chloro-]....... 0.00025

107-30-2.......................... Chloromethyl methyl ether [Methane, chloromethoxy-] 0.0018 

4170-30-3........................ Crotonaldehyde [2-Butenal]......................... 0.029 

123-73-9.......................... Crotonaldehyde, (E)-, [2-Butenal, (E)-]............ 0.029 

506-77-4.......................... Cyanogen chloride.................................. 0.030 

108-91-8.......................... Cyclohexylamine [Cyclohexanamine]............ 0.16 

19287-45-7....................... Diborane........................................... 0.0011 

75-78-5............................ Dimethyldichlorosilane [Silane, dichlorodimethyl-]. 0.026 

57-14-7............................ 1,1-Dimethylhydrazine [Hydrazine, 1,1-dimethyl-]... 0.012 

106-89-8...........................Epichlorohydrin [Oxirane, (chloromethyl)-]......... 0.076 

107-15-3...........................Ethylenediamine [1,2-Ethanediamine]................ 0.49 

151-56-4...........................Ethyleneimine [Aziridine].......................... 0.018 

75-21-8.............................Ethylene oxide [Oxirane]........................... 0.090 

7782-41-4.........................Fluorine........................................... 0.0039 

50-00-0.............................Formaldehyde (solution)............................ 0.012 

110-00-9...........................Furan.............................................. 0.0012 

302-01-2...........................Hydrazine.......................................... 0.011 

7647-01-0.........................Hydrochloric acid (conc 37% or greater)............ 0.030 

74-90-8.............................Hydrocyanic acid................................... 0.011 
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7647-01-0.........................Hydrogen chloride (anhydrous) [Hydrochloric acid].. 0.030 

7664-39-3.........................Hydrogen fluoride/Hydrofluoric acid (conc 50% or 0.016 

 greater) [Hydrofluoric acid]. 

7783-07-5.........................Hydrogen selenide.................................. 0.00066

7783-06-4.........................Hydrogen sulfide................................... 0.042 

13463-40-6.......................Iron, pentacarbonyl- [Iron carbonyl (Fe(CO)5), (TB- 0.00044

 5-11)-]. 

78-82-0.............................Isobutyronitrile [Propanenitrile, 2-methyl-]....... 0.14 

108-23-6...........................Isopropyl chloroformate [Carbonochloride acid, 1- 0.10 

 methylethyl ester]. 

126-98-7...........................Methacrylonitrile [2-Propenenitrile, 2-methyl-].... 0.0027 

74-87-3.............................Methyl chloride [Methane, chloro-]................. 0.82 

79-22-1.............................Methyl chloroformate [Carbonochloridic acid, 0.0019 

 methylester]. 

60-34-4.............................Methyl hydrazine [Hydrazine, methyl-].............. 0.0094 

624-83-9...........................Methyl isocyanate [Methane, isocyanato-]........... 0.0012 

74-93-1.............................Methyl mercaptan [Methanethiol].................... 0.049 

556-64-9...........................Methyl thiocyanate [Thiocyanic acid, methyl ester]. 0.085 

75-79-6.............................Methyltrichlorosilane [Silane, trichloromethyl-]... 0.018 

13463-39-3.......................Nickel carbonyl.................................... 0.00067

7697-37-2.........................Nitric acid (conc 80% or greater).................. 0.026 

10102-43-9.......................Nitric oxide [Nitrogen oxide (NO)]................. 0.031 

8014-95-7.........................Oleum (Fuming Sulfuric acid) [Sulfuric acid, 0.010 

 mixture with sulfur trioxide]. 

79-21-0.............................Peracetic acid [Ethaneperoxoic acid]............... 0.0045 

594-42-3...........................Perchloromethylmercaptan [Methanesulfenyl chloride, 0.0076 

 trichloro-]. 

75-44-5.............................Phosgene [Carbonic dichloride]..................... 0.00081

7803-51-2.........................Phosphine.......................................... 0.0035 

10025-87-3.......................Phosphorus oxychloride [Phosphoryl chloride]....... 0.0030 

7719-12-2.........................Phosphorus trichloride [Phosphorous trichloride]... 0.028 

110-89-4...........................Piperidine......................................... 0.022 

107-12-0...........................Propionitrile [Propanenitrile]..................... 0.0037 

109-61-5...........................Propyl chloroformate [Carbonochloridic acid, 0.010 

 propylester]. 

75-55-8.............................Propyleneimine [Aziridine, 2-methyl-].............. 0.12 

75-56-9.............................Propylene oxide [Oxirane, methyl-]................. 0.59 

7446-09-5.........................Sulfur dioxide (anhydrous)......................... 0.0078 

7783-60-0.........................Sulfur tetrafluoride [Sulfur fluoride (SF4), (T-4)-]. 0.0092 

7446-11-9.........................Sulfur trioxide.................................... 0.010 

75-74-1.............................Tetramethyllead [Plumbane, tetramethyl-]........... 0.0040 

509-14-8...........................Tetranitromethane [Methane, tetranitro-]........... 0.0040 

7750-45-0.........................Titanium tetrachloride [Titanium chloride (TiCl4) 0.020 

 (T-4)-]. 
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584-84-9...........................Toluene 2,4-diisocyanate [Benzene, 2,4-diisocyanato- 0.0070 

 1-methyl-]. 

91-08-7.............................Toluene 2,6-diisocyanate [Benzene, 1,3-diisocyanato- 0.0070 

 2-methyl-]. 

26471-62-5.......................Toluene diisocyanate (unspecified isomer) [Benzene, 0.0070 

 1,3-diisocyanatomethyl-]. 

75-77-4.............................Trimethylchlorosilane [Silane, chlorotrimethyl-]... 0.050 

108-05-4...........................Vinyl acetate monomer [Acetic acid ethenyl ester].. 0.26 
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7:31-2.2 RHS Hazard Assessment

(a) The owner or operator of a covered process in which an RHS or RHS mixture is used, handled, 

stored or generated shall perform and document a hazard assessment for the RHS in accordance with 40 CFR 68 

Subpart B as incorporated by reference with changes at N.J.A.C. 7:31-2.1(c)1 and 2 and N.J.A.C. 7:31-2.2. As 

part of this hazard assessment: 

1. The owner or operator shall consider the explosive/flammability hazard of the RHS.

2. For stationary sources that have multiple RHSs or RHS mixtures in covered process(es), the 

owner or operator shall report in the RMP the one worst-case release scenario that is estimated to create the 

greatest distance in any direction to the endpoint. The owner or operator shall report in the RMP additional 

worst-case release scenarios if a worst-case release from another covered process at the stationary source 

potentially affects public receptors different from those potentially affected by the worst-case scenario with the 

greatest endpoint distance.

3. The owner or operator shall identify, analyze, and report at least one alternative release 

scenario to represent all RHSs or RHS mixtures held in covered processes.

4. The owner or operator shall report in the RMP the RHS hazard assessment results in the RMP 

Offsite Consequence Analysis sections for flammable substances.

(b) The owner or operator shall use the following parameters and methods for the RHS hazard 

assessment:

1. Endpoint parameters: the endpoints for flammables listed at 40 CFR 68.22(a)(2); and.

2. Worst case release quantity: the maximum capacity of the largest process vessel containing an 

RHS or RHS mixture, not taking into account administrative controls that limit the maximum quantity.

3. A TNT-equivalent explosion method or any commercially or publicly available explosion 

modeling techniques, provided the techniques account for the modeling conditions and are recognized by 

industry as applicable as part of current practices. Proprietary models that account for the modeling conditions 

may be used provided the owner or operator allows the implementing agency access to the model and describes 

model features and differences from publicly available models upon request. When using a TNT-equivalent 

explosion method, the owner or operator shall use the following parameters:

i. The heat of reaction of the RHS or RHS mixture;

ii. One hundred percent yield factor of the potential heat release (heat of reaction) 

assumed to contribute to the explosion for an RHS mixture in a process vessel;

iii. One hundred percent of the potential heat release (heat of reaction) assumed to 

contribute to the explosion for a N.J.A.C. 7:31-6.3 Table I, Part D Group I RHS in a 

storage vessel but 28 percent of the heat of combustion may be used as an 

approximation if the detailed heat of reaction data is not available; and

4. All other parameters and calculation methods specified at 40 CFR 68 Subpart B as incorporated with 

changes at N.J.A.C. 7:31-2.1(c) 1 and 2.

(c) An owner or operator having an RHS mixture containing one or more toxic or flammable EHS(s) 

listed in N.J.A.C. 7:31-6.3(a) Table I, Parts A, B, or C in a process above the threshold quantity who registered 

only the toxic or flammable EHS pursuant to N.J.A.C. 7:31-7.2(a) 3iv shall be exempt from the requirement of 

this section to perform an additional hazard assessment for the RHS Mixture.
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SUBCHAPTER 3. Reserved.
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SUBCHAPTER 4. MINIMUM REQUIREMENTS FOR A PROGRAM 3 TCPA RISK 

MANAGEMENT PROGRAM

7:31-4.1 Incorporation by reference

(a) This subchapter incorporates by reference 40 CFR 68 Subpart D, including all future 

amendments and supplements, except as provided below.

(b) Reserved.

(c) The following provisions of 40 CFR 68 Subpart D are incorporated by reference with the 

specified changes:

1. 40 CFR 68.65(c)(1)(i), before "process flow diagram" delete "block flow diagram or

simplified."

2. 40 CFR 68.65(d)(1)i, at the beginning, add the words "Equipment specifications including" 

before the existing words "Materials of construction";

3. 40 CFR 68.65(d)(1), at the end, add the following:

i. Electrical one-line diagrams relevant to the covered process and its potential releases;

ii. Site plan;

iii. Firewater system piping diagrams relevant to the covered process and its potential 

releases;

iv. Sewer system piping diagrams relevant to the covered process and its potential 

releases; and

v. External forces and events data.

4. 40 CFR 68.65(d)(2), after "good engineering" add "and operating".

5. 40 CFR 68.67, Process hazard analysis, in the heading, after "Process hazard analysis" add 

"with risk assessment for specific pieces of EHS equipment or operating procedures."

6. 40 CFR 68.67(a), add the following:

i. In the first and second sentences, after the phrase "process hazard analysis" add the 

phrase "with risk assessment."

ii. In the third sentence, after the phrase "process hazard analyses" add the phrase "with 

risk assessments."

iii. In the third sentence, after the word "employees" add the phrase "and offsite public."

iv. In the fourth sentence, after the phrase "process hazard analysis" add the phrase "with risk 

assessment."
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v. In the fifth sentence, after the citation " 29 CFR 1910.119(e)" add the phrase "prior to June 

21, 1999."

vi. In the fifth sentence, after the phrase "initial process hazard analyses" add the phrase "with 

risk assessments."

7. 40 CFR 68.67(f), add the following:

i. In the first sentence, after the first and the second occurrences of the phrase "process 

hazard analysis" add the phrase "(with risk assessment)."

ii. In the first sentence, after the third occurrence of the phrase "process hazard analysis" add

the phrase "with risk assessment."

iii. In the second sentence after " 29 CFR 1910.119(e)" add the phrase, "and the additional 

requirements of N.J.A.C. 7:31-4.2".

8. 40 CFR 68.69, Operating procedures, in the heading, add "Standard" before "operating 

procedures." Also, at 40 CFR 68.69(a), Operating Procedures, at the end of the sentence, replace "the 

following elements" with "the elements listed at 1-4 below." Add, after the first sentence, "Operating 

procedures shall be written in English in a manner that the EHS operators of the process can 

understand. If the EHS operators do not understand English, the operating procedures shall be written 

in the language that the operators can understand."

9. 40 CFR 68.71, Training, in the heading, add "EHS operator" before "training."

10. 40 CFR 73, Mechanical integrity, in the heading, add "/preventive maintenance" after 

"Mechanical integrity."

11. 40 CFR 68.73(a)(6), at the end, add the following:

i. All EHS equipment;

ii. Standby emergency equipment such as power generators, fire pumps, and lighting; 

and

iii. Electrical grounding systems.

12. 40 CFR 68.75(b)(2), at the end, add the words "and preventive maintenance procedures."

13. 40 CFR 68.79(a), Compliance audits, delete "every three years" and replace with "every 

year." Add, at the end of the sentence, "Also, the owner or operator shall verify that the process 

technology and equipment, as built and operated, are in accordance with the process safety information 

prepared pursuant to 40 CFR 68.65(c) and (d) as incorporated with changes at N.J.A.C. 7:31-4.1(c)1 

through 4."

14. 40 CFR 68.79(c), add, "The compliance audit report shall also include the scope, audit 

techniques, methods used and the names of the audit participants."
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15. 40 CFR 68.81, Incident investigation, in the heading and in (b), (c), (d)(1), (d)(3), (d)(4), 

(e), (f) and (g), delete the word "incident" and replace it with the words "EHS accident or potential 

catastrophic event."

16. 40 CFR 68.81(a), delete the phrase " incident which resulted in, or could reasonably have 

resulted in, a catastrophic release of a regulated substance" and replace it with "EHS accident or 

potential catastrophic event."

17. 40 CFR 68.81(d)(1), after the word "date" add ", time, and location."

18. 40 CFR 68.81(d)(3), after the word "incident," which is being replaced by the words "EHS 

accident and potential catastrophic event," (see (c)15 above) add, "in chronological order providing all 

the relevant facts. Include the identity, amount and duration of the EHS release if these facts can be 

reasonably determined based on the information obtained through the investigation. Also, identify the 

consequences, if any, of the EHS accident or potential catastrophic event including the number of 

evacuees, injured, and fatalities, and the impact on the community."

19. 40 CFR 68.81(d)(4), after the word "incident," which is being replaced by the words "EHS 

accident or potential catastrophic event," (see (c)15 above) add, "that includes an identification of basic 

and contributory causes, either direct or indirect."

20. 40 CFR 68.81(d)(5), after the word "investigation," add "to prevent a recurrence."

21. 40 CFR 68.81(d)(5), at the end, add the following:

i. The names and position titles of the investigators.

22. 40 CFR 68.83, Employee participation, at (b) and (c), after the phrase "process hazard 

analyses" add "with risk assessments."

23. 40 CFR 68.79(d), Compliance Audits, at the end, add the sentence, "The owner or operator 

shall prepare and include in the report a written schedule for the implementation of corrective actions 

or state that such actions have been completed."

24. 40 CFR 68.65(b)(4), after "Reactivity data," add "applicable to the process in which an 

EHS is being used, handled, stored or generated that includes the following:

i. Flash point up to 200 degrees Fahrenheit (and method used), flammable limits (lower 

explosive limit and upper explosive limit), extinguishing media, special fire fighting procedures, and 

unusual fire and explosion hazards;

ii. Thermodynamic and reaction kinetic data including: heat of reaction, temperature at 

which instability (uncontrolled reaction, decomposition, and/or polymerization) initiates, and rate of 

energy release data at that temperature; 

iii. Data regarding any incidental formation of byproducts that are reactive and unstable; and

iv. For covered RHS mixtures, detailed reactivity data including the rate of pressure rise 

(dP/dt), the rate of temperature rise (dT/dt), and the onset temperature at which the rate of temperature 
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change due to uncontrolled reaction, decomposition, change in molecular structure, or polymerization 

exceeds 0.01 degrees Celsius per minute, all of which are corrected to a thermal inertia ( )of 1.0.

25. 40 CFR 68.65(b)(6), after "Thermal and chemical stability data," add "applicable to the 

process in which an EHS is being used, handled, stored, or generated: stability (unstable or stable), 

conditions to avoid for instability, incompatibility (materials to avoid), hazardous decomposition 

(products or byproducts), hazardous polymerization (may occur or will not occur), and conditions to 

avoid for polymerization;"

26. 40 CFR 68.65(b)(7), after "Hazardous effects of inadvertent mixing of different materials 

that could foreseeably occur," add "which includes the explosive/flammable effects and information 

showing the identity of toxic or flammable EHSs capable of being generated for individual RHSs listed 

at N.J.A.C. 7:31-6.3(a) Table I, Part D, Group I due to inadvertent mixing with incompatible 

substances, decomposition, and self-reaction."

27. 40 CFR 68.73(b), at the end, add “The owner or operator shall establish and implement a 

written procedure to periodically review, document, and approve delays in conducting preventive 

maintenance of EHS equipment.”

28. 40 CFR 68.73(e), at the end, add “Timely shall mean as soon as feasibly possible but in no 

case shall exceed 3 months without providing a written justification including an explanation of the 

necessary measures taken to ensure safe operation.”

29. 40 CFR 68.87(c), before “Contract owner or operator responsibilities.” add “Owner or 

operator’s oversight of”. After “Contract owner or operator responsibilities.” add “The owner or 

operator shall require the contract owner or operator to complete the following prior to a contract 

owner or operator performing work at a covered process:”.

40 CFR 68 Subpart D--Program 3 Prevention Program

§68.65 Process safety information.

(a) In accordance with the schedule set forth in § 68.67, the owner or operator shall complete a 

compilation of written process safety information before conducting any process hazard analysis required by the 

rule. The compilation of written process safety information is to enable the owner or operator and the employees 

involved in operating the process to identify and understand the hazards posed by those processes involving 

regulated substances. This process safety information shall include information pertaining to the hazards of the 

regulated substances used or produced by the process, information pertaining to the technology of the process, 

and information pertaining to the equipment in the process.

(b) Information pertaining to the hazards of the regulated substances in the process. This information 

shall consist of at least the following:

(1) Toxicity information;

(2) Permissible exposure limits;
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(3) Physical data;

(4) Reactivity data applicable to the process in which an EHS is being used, handled, stored or generated 

that includes the following:

i. Flash point up to 200 degrees Fahrenheit (and method used), flammable limits (lower explosive 

limit and upper explosive limit), extinguishing media, special fire fighting procedures, and unusual fire and 

explosion hazards;

ii. Thermodynamic and reaction kinetic data including: heat of reaction, temperature at which 

instability (uncontrolled reaction, decomposition, and/or polymerization) initiates, and rate of energy release data 

at that temperature; and

iii. Data regarding any incidental formation of byproducts that are reactive and unstable; and

iv. For covered RHS mixtures, detailed reactivity data including the rate of pressure rise (dP/dt), the rate 

of temperature rise (dT/dt), and the onset temperature at which the rate of temperature change due to 

uncontrolled reaction, decomposition, change in molecular structure, or polymerization exceeds 0.01 degrees 

Celsius per minute, all of which are corrected to a thermal inertia ( ) of 1.0.

(5) Corrosivity data;

(6) Thermal and chemical stability data applicable to the process in which an EHS is being used, 

handled, stored or generated: stability (unstable or stable), conditions to avoid for instability, incompatibility 

(materials to avoid), hazardous decomposition (products or byproducts), hazardous polymerization (may occur 

or will not occur), and conditions to avoid for polymerization; and

(7) Hazardous effects of inadvertent mixing of different materials that could foreseeably occur which 

includes the explosive/flammable effects and information showing the identity of toxic or flammable EHSs 

capable of being generated for individual RHSs listed at N.J.A.C. 7:31-6.3(a) Table I, Part D, Group I due to 

inadvertent mixing with incompatible substances, decomposition, and self-reaction.

Note to paragraph (b): Material Safety Data Sheets meeting the requirements of 29 CFR 1910.1200(g) 

may be used to comply with this requirement to the extent they contain the information required by this 

subparagraph.

(c) Information pertaining to the technology of the process.

(1) Information concerning the technology of the process shall include at least the following:

(i) A block flow diagram or simplified process flow diagram;

(ii) Process chemistry;

(iii) Maximum intended inventory;

(iv) Safe upper and lower limits for such items as temperatures, pressures, flows or compositions; and

(v) An evaluation of the consequences of deviations.

(2) Where the original technical information no longer exists, such information may be developed in 

conjunction with the process hazard analysis in sufficient detail to support the analysis.

(d) Information pertaining to the equipment in the process.

(1) Information pertaining to the equipment in the process shall include:

(i) Equipment specifications including Materials of construction;

(ii) Piping and instrument diagrams (P&ID's);

(iii) Electrical classification;

(iv) Relief system design and design basis;

(v) Ventilation system design;
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(vi) Design codes and standards employed;

(vii) Material and energy balances for processes built after June 21, 1999; and

(viii) Safety systems (e.g. interlocks, detection or suppression systems).

i. Electrical one-line diagrams relevant to the covered process and its potential releases;

ii. Site plan;

iii. Firewater system piping diagrams relevant to the covered process and its potential releases;

iv. Sewer system piping diagrams relevant to the covered process and its potential releases; and

v. External forces and events data.

(2) The owner or operator shall document that equipment complies with recognized and generally 

accepted good engineering and operating practices.

(3) For existing equipment designed and constructed in accordance with codes, standards, or practices 

that are no longer in general use, the owner or operator shall determine and document that the equipment is 

designed, maintained, inspected, tested, and operating in a safe manner.

§68.67 Process hazard analysis with risk assessment for specific pieces of EHS equipment or operating 

procedures.

(a) The owner or operator shall perform an initial process hazard analysis with risk assessment(hazard 

evaluation) on processes covered by this part. The process hazard analysis with risk assessment shall be 

appropriate to the complexity of the process and shall identify, evaluate, and control the hazards involved in the 

process. The owner or operator shall determine and document the priority order for conducting process hazard 

analyses with risk assessments based on a rationale which includes such considerations as extent of the process 

hazards, number of potentially affected employees and offsite public, age of the process, and operating history 

of the process. The process hazard analysis with risk assessmentshall be conducted as soon as possible, but not 

later than June 21, 1999. Process hazards analyses completed to comply with 29 CFR 1910.119(e) prior to June 

21, 1999 are acceptable as initial process hazards analyses with risk assessments. These process hazard 

analyses with risk assessments shall be updated and revalidated, based on their completion date.

(b) The owner or operator shall use one or more of the following methodologies that are appropriate to 

determine and evaluate the hazards of the process being analyzed.

(1) What-If;

(2) Checklist;

(3) What-If/Checklist;

(4) Hazard and Operability Study (HAZOP);

(5) Failure Mode and Effects Analysis (FMEA);

(6) Fault Tree Analysis; or

(7) An appropriate equivalent methodology.

(c) The process hazard analysis shall address:

(1) The hazards of the process;

(2) The identification of any previous incident which had a likely potential for catastrophic 

consequences.

(3) Engineering and administrative controls applicable to the hazards and their interrelationships such 

as appropriate application of detection methodologies to provide early warning of releases. (Acceptable 

detection methods might include process monitoring and control instrumentation with alarms, and detection 

hardware such as hydrocarbon sensors.);
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(4) Consequences of failure of engineering and administrative controls;

(5) Stationary source siting;

(6) Human factors; and

(7) A qualitative evaluation of a range of the possible safety and health effects of failure of controls.

(d) The process hazard analysis shall be performed by a team with expertise in engineering and process 

operations, and the team shall include at least one employee who has experience and knowledge specific to the 

process being evaluated. Also, one member of the team must be knowledgeable in the specific process hazard 

analysis methodology being used.

(e) The owner or operator shall establish a system to promptly address the team's findings and 

recommendations; assure that the recommendations are resolved in a timely manner and that the resolution is 

documented; document what actions are to be taken; complete actions as soon as possible; develop a written 

schedule of when these actions are to be completed; communicate the actions to operating, maintenance and 

other employees whose work assignments are in the process and who may be affected by the recommendations 

or actions.

(f) At least every five (5) years after the completion of the initial process hazard analysis (with risk 

assessment), the process hazard analysis (with risk assessment) shall be updated and revalidated by a team 

meeting the requirements in paragraph (d) of this section, to assure that the process hazard analysis with risk 

assessment is consistent with the current process. Updated and revalidated process hazard analyses completed 

to comply with 29 CFR 1910.119(e) and the additional requirements of N.J.A.C. 7:31-4.2 are acceptable to meet 

the requirements of this paragraph.

(g) The owner or operator shall retain process hazards analyses and updates or revalidations for each 

process covered by this section, as well as the documented resolution of recommendations described in 

paragraph (e) of this section for the life of the process.

Additional New Jersey Requirements -

7:31-4.2 Process hazard analysis with risk assessment for specific pieces of EHS equipment or operating 

alternatives

(a) The provisions of this section apply in addition to those in 40 CFR 68.67 with changes specified 

at N.J.A.C. 7:31-4.1(c)5-7.

(b) The owner or operator of a covered process shall perform a process hazard analysis with risk 

assessment which shall include the following:

1. Identification of EHS equipment subject to the assessment, the points of possible EHS 

release, the corresponding approximate quantity of an instantaneous EHS release or the rate(s) and duration of a 

continuing EHS release, either steady or non-steady state, and the corresponding cause of the EHS release. 

Estimates of the quantity or rate and duration of a release shall be based on actual release mechanisms and shall 

reflect the operating procedures, safeguards, and mitigation equipment and procedures, planned for new or 

modified covered processes, or in place for existing covered processes.

2. Consideration of toxicity, flammability, explosion, and reactivity hazards applicable to 

the EHS; however, consideration of toxicity shall be required only for those EHSs which appear in N.J.A.C. 
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7:31-6.3(a), Table I, Parts A and/or B as a toxic substance. The owner or operator shall consider both the 

explosive/flammability hazard and the capability to generate a toxic EHS, as applicable to the RHS or RHS 

mixture and process in which it is handled.

3. Identification of all scenarios of toxic, flammable, and reactive hazards that have a 

potential offsite impact for the endpoint criteria defined at (b)3iii below using a consequence analysis, consisting 

of dispersion analysis, thermal analysis and overpressure analysis, as applicable to the EHS and scenario. The 

following parameters shall be used for the consequence analysis:

i. 1.5 meters per second wind speed measured at 10 meters height and F 

atmospheric stability class;

ii. All parameters listed for alternative scenarios at 40 CFR 68.22(c) through (g);

and

iii. As applicable to the scenario being analyzed, the endpoint criteria of five times 

the toxicity endpoint as designated at N.J.A.C. 7:31-2.1(c)2; five kW/m2for 40 seconds; the lower flammability 

limit; or 2.3 psi overpressure. As an alternative to using the five times toxicity endpoint as designated at 

N.J.A.C. 7:31-2.1(c)2, the value of the ATC may be used for toxic release scenarios.

(c) The owner or operator shall identify all release scenarios that have an offsite impact of the 

endpoint criteria specified at (b)3iii above. 

1. For each release scenario that has an offsite impact of the endpoint criteria specified at (b)3iii above, the 

owner or operator shall determine the likelihood of release occurrence. If the likelihood of release occurrence is 

greater than or equal to 10-6per year, the owner or operator shall perform an evaluation of risk reduction 

measures which would reduce the likelihood or consequences of an EHS release. If the frequency of release 

occurrence is less than 10-6per year, no further assessment is required.

2. The owner or operator shall develop and implement a risk reduction plan for feasible risk reduction 

measures determined pursuant to (c)1 above. 

(d) The following documentation from the process hazard analysis with risk assessment shall be 

maintained:

1. Table(s) of the process hazard analysis results giving the release point and corresponding 

release scenario of the potential basic (initiating) and intermediate event sequences, the corresponding estimated 

quantity or rate and duration of releases, and the recommended resolution action based upon 40 CFR 68.67(e);

2. Table(s) summarizing each potential offsite release scenario identified that includes:

i. Scenario identification number and brief description;

ii. The rate and duration, or quantity, of potential release;

iii. The distance to the endpoint determined in (b)3iii above and the respective 

distance to the nearest property line; and

iv. The release likelihood determined pursuant to (c)1 above.

3. Information from the consequence analysis modeling that includes:
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i. The identification of the consequence analysis model used;

ii. Printouts of the consequence analysis model inputs and outputs, if a 

consequence analysis model other than the lookup tables provided in the EPA's RMP Offsite Consequence 

Analysis Guidance current as of the time of modeling was used; 

4. Documentation to justify the determination of why risk reduction measures are not 

feasible; and

5. A statement of completion for each risk reduction measure in the risk reduction plan or 

an explanation of any changes made for each measure in the risk reduction plan. 

(e) The owner or operator of a covered process shall prepare a report of the process hazard analysis 

with risk assessment. The report shall include the following:

1. An identification of the covered process that is the subject of the process hazard analysis 

with risk assessment; the name, position and affiliation of persons who performed the process hazard analysis 

with risk assessment; the date of completion; and the methodology used;

2. A description of each scenario identified in (b)3iii above;

3. The risk reduction plan developed pursuant to (c)2 and (d)1 above.

§68.69 Standard Operating procedures.

(a) The owner or operator shall develop and implement written operating procedures that provide clear 

instructions for safely conducting activities involved in each covered process consistent with the process safety 

information and shall address at least the following elements. the elements listed at 1-4 below. Operating 

procedures shall be written in English in a manner that the EHS operators of the process can understand. If the 

EHS operators do not understand English, the operating procedures shall be written in the language that the 

operators can understand.

(1) Steps for each operating phase:

(i) Initial startup;

(ii) Normal operations;

(iii) Temporary operations;

(iv) Emergency shutdown including the conditions under which emergency shutdown is required, and the 

assignment of shutdown responsibility to qualified operators to ensure that emergency shutdown is executed in a 

safe and timely manner.

(v) Emergency operations;

(vi) Normal shutdown; and,

(vii) Startup following a turnaround, or after an emergency shutdown.

(2) Operating limits:

(i) Consequences of deviation; and
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(ii) Steps required to correct or avoid deviation.

(3) Safety and health considerations:

(i) Properties of, and hazards presented by, the chemicals used in the process;

(ii) Precautions necessary to prevent exposure, including engineering controls, administrative controls, 

and personal protective equipment;

(iii) Control measures to be taken if physical contact or airborne exposure occurs;

(iv) Quality control for raw materials and control of hazardous chemical inventory levels; and,

(v) Any special or unique hazards.

(4) Safety systems and their functions.

(b) Operating procedures shall be readily accessible to employees who work in or maintain a process.

(c) The operating procedures shall be reviewed as often as necessary to assure that they reflect current 

operating practice, including changes that result from changes in process chemicals, technology, and 

equipment, and changes to stationary sources. The owner or operator shall certify annually that these operating 

procedures are current and accurate.

(d) The owner or operator shall develop and implement safe work practices to provide for the control of 

hazards during operations such as lockout/tagout; confined space entry; opening process equipment or piping; 

and control over entrance into a stationary source by maintenance, contractor, laboratory, or other support 

personnel. These safe work practices shall apply to employees and contractor employees.

Additional New Jersey Requirements -

7:31-4.3 Standard operating procedures

(a) The provisions of this section apply in addition to those in 40 CFR 68.69, Operating procedures, 

with changes specified at N.J.A.C. 7:31-4.1(c)8.

(b) The standard operating procedures shall include the following:

1. A process description defining the operation and showing flows, temperatures and 

pressures, or a reference to a document with this information;

2. Sampling procedures addressing apparatus and specific steps involved in the taking of 

samples;

3. Logsheets and checklists where appropriate to the operation;

4. A statement as to the number of EHS operators required to meet safety needs for each 

operation with requirements for shift coverage; 

5. A requirement that an EHS operator be in attendance at the facility, be able to 

acknowledge alarms and take corrective action to prevent an accident at all times during EHS handling, use, 

manufacturing, storage, or generation except:
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i. During chlorination of water using chlorine vapor out of a supply vessel, if the 

Department determines that chlorine monitoring equipment is provided with alarms reporting to a continuously 

attended station whose personnel are trained to take action to prevent an EHS accident and the online supply 

vessel total capacity is less than 2,100 pounds;

ii. During EHS storage requiring refrigeration, circulation, agitation or inert gas 

blanketing, if the Department determines that EHS monitoring equipment is provided with alarms reporting to a 

continuously attended station whose personnel are trained to take action for an appropriate response, and a risk 

assessment demonstrates that an EHS operator is not necessary onsite during the specified activity; 

iii. During storage not requiring refrigeration, circulation, agitation or inert gas 

blanketing, if the Department determines that EHS monitoring equipment is provided with alarms reporting to a 

continuously attended station, or a risk assessment performed pursuant to N.J.A.C. 7:31-4.2 demonstrates that an 

EHS operator is not necessary onsite during the specified activity; or

iv. Notwithstanding any other applicable State and/or Federal requirements, during 

mechanical refrigeration using anhydrous ammonia within a closed loop system, if the Department determines 

that anhydrous ammonia detection monitoring equipment is capable of automatically isolating and shutting 

down EHS equipment and is provided with alarms reporting to a continuously attended station whose personnel 

are trained to take action to prevent an EHS accident; and

6. A table of contents or a system to index each covered process's standard operating 

procedures covering the items of 40 CFR 68.69(a) and (b)1 through 5 above. 

§68.71 EHS operator Training.

(a) Initial training. (1) Each employee presently involved in operating a process, and each employee 

before being involved in operating a newly assigned process, shall be trained in an overview of the process and 

in the operating procedures as specified in § 68.69. The training shall include emphasis on the specific safety 

and health hazards, emergency operations including shutdown, and safe work practices applicable to the 

employee's job tasks.

(2) In lieu of initial training for those employees already involved in operating a process on June 21, 

1999 an owner or operator may certify in writing that the employee has the required knowledge, skills, and 

abilities to safely carry out the duties and responsibilities as specified in the operating procedures.

(b) Refresher training. Refresher training shall be provided at least every three years, and more often if 

necessary, to each employee involved in operating a process to assure that the employee understands and 

adheres to the current operating procedures of the process. The owner or operator, in consultation with the 

employees involved in operating the process, shall determine the appropriate frequency of refresher training.

(c) Training documentation. The owner or operator shall ascertain that each employee involved in 

operating a process has received and understood the training required by this paragraph. The owner or 

operator shall prepare a record which contains the identity of the employee, the date of training, and the means 

used to verify that the employee understood the training.

Additional New Jersey Requirements -
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7:31-4.4 EHS Operator training

(a) The provisions of this section apply in addition to those in 40 CFR 68.71 with changes specified 

at N.J.A.C. 7:31-4.1(c)9.

(b) The owner or operator of a covered process shall provide a written job description which 

includes the duties and responsibilities for each EHS operator position. 

(c) The training program shall specify the qualifications required for the personnel responsible for 

training EHS operators. 

§68.73 Mechanical integrity/preventive maintenance.

(a) Application. Paragraphs (b) through (f) of this section apply to the following process equipment:

(1) Pressure vessels and storage tanks;

(2) Piping systems (including piping components such as valves);

(3) Relief and vent systems and devices;

(4) Emergency shutdown systems;

(5) Controls (including monitoring devices and sensors, alarms, and interlocks) and,

(6) Pumps.

i. All EHS equipment;

ii. Standby emergency equipment such as power generators, fire pumps, and lighting; and

iii. Electrical grounding systems.

(b) Written procedures. The owner or operator shall establish and implement written procedures to 

maintain the on-going integrity of process equipment. The owner or operator shall establish and implement a 

written procedure to periodically review, document, and approve delays in conducting preventive maintenance 

of EHS equipment.

(c) Training for process maintenance activities. The owner or operator shall train each employee 

involved in maintaining the on-going integrity of process equipment in an overview of that process and its 

hazards and in the procedures applicable to the employee's job tasks to assure that the employee can perform 

the job tasks in a safe manner.

(d) Inspection and testing. (1) Inspections and tests shall be performed on process equipment.

(2) Inspection and testing procedures shall follow recognized and generally accepted good engineering 

practices.

(3) The frequency of inspections and tests of process equipment shall be consistent with applicable 

manufacturers' recommendations and good engineering practices, and more frequently if determined to be 

necessary by prior operating experience.

(4) The owner or operator shall document each inspection and test that has been performed on process 

equipment. The documentation shall identify the date of the inspection or test, the name of the person who 

performed the inspection or test, the serial number or other identifier of the equipment on which the inspection 

or test was performed, a description of the inspection or test performed, and the results of the inspection or test.

(e) Equipment deficiencies. The owner or operator shall correct deficiencies in equipment that are 

outside acceptable limits (defined by the process safety information in § 68.65) before further use or in a safe 
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and timely manner when necessary means are taken to assure safe operation. Timely shall mean as soon as 

feasibly possible but in no case shall exceed 3 months without providing a written justification including an 

explanation of the necessary measures taken to ensure safe operation.

(f) Quality assurance. (1) In the construction of new plants and equipment, the owner or operator shall 

assure that equipment as it is fabricated is suitable for the process application for which they will be used.

(2) Appropriate checks and inspections shall be performed to assure that equipment is installed properly 

and consistent with design specifications and the manufacturer's instructions.

(3) The owner or operator shall assure that maintenance materials, spare parts and equipment are 

suitable for the process application for which they will be used.

Additional New Jersey Requirements -

7:31-4.5 Mechanical integrity/preventive maintenance program

(a) The provisions of this section apply in addition to those of 40 CFR 68.73 with changes specified 

at N.J.A.C. 7:31-4.1(c)10 and 11.

(b) The owner or operator shall implement a system for maintaining accurate records of all 

inspections, breakdowns, repairs and replacements of EHS equipment with the means of data retrieval and 

analysis to determine the frequency of inspections and tests and to evaluate equipment reliability.

§68.75 Management of change.

(a) The owner or operator shall establish and implement written procedures to manage changes (except 

for ``replacements in kind'') to process chemicals, technology, equipment, and procedures; and, changes to 

stationary sources that affect a covered process.

(b) The procedures shall assure that the following considerations are addressed prior to any change:

(1) The technical basis for the proposed change;

(2) Impact of change on safety and health and preventive maintenance procedures;

(3) Modifications to operating procedures;

(4) Necessary time period for the change; and,

(5) Authorization requirements for the proposed change.

(c) Employees involved in operating a process and maintenance and contract employees whose job tasks 

will be affected by a change in the process shall be informed of, and trained in, the change prior to start-up of 

the process or affected part of the process.

(d) If a change covered by this paragraph results in a change in the process safety information required 

by § 68.65 of this part, such information shall be updated accordingly.

(e) If a change covered by this paragraph results in a change in the operating procedures or practices 

required by § 68.69, such procedures or practices shall be updated accordingly.

Additional New Jersey Requirements -

7:31-4.6 Management of change
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(a) The provisions of this section apply in addition to those in 40 CFR 68.75 with changes specified 

at N.J.A.C. 7:31-4.1(c)12.

(b) If any change in the covered process or procedures results in an increase in rate, duration or 

quantity, or release frequency, the associated release scenarios and changes in rate, duration and quantity shall be 

identified. The associated release scenarios shall be analyzed in accordance with the parameters and methods 

required at N.J.A.C. 7:31-4.2 to determine whether a criterion endpoint defined at N.J.A.C. 7:31-4.2(b)3iv 

extends beyond the stationary source boundary.

(c) If a release scenario due to the change results in a criterion endpoint extending beyond the 

stationary source boundary, the documentation and report required by N.J.A.C. 7:31-4.2(d) and (e) shall be 

prepared or updated for that change prior to implementing the change. 

(d) Temporary changes involving EHS procedures, equipment, or safety instrumentation shall not be 

considered a change requiring compliance with 40 CFR 68.75 with changes specified at N.J.A.C. 7:31-4.1(c)12 

and N.J.A.C. 7:31-4.6(a), (b) and (c). The management of change procedures shall contain the following 

requirements for implementing temporary changes:

1. Preparation of a description of the temporary change that includes:

i. The temporary change to be made;

ii. Identification of the EHS equipment, piping and instrument diagram(s), and 

standard operating procedure(s) affected by the temporary change; and

iii. The reason for the temporary change.

2. Authorization of the temporary change by the appropriate person specified in the 

management system developed pursuant to 40 CFR 68.15(c);

3. Notification of all affected personnel of the temporary change;

4. A requirement to implement appropriate safety precautions while the temporary change 

is in EHS service;

5. The time limit for the temporary change. If this time limit is exceeded, the owner or 

operator shall comply with all requirements of 40 CFR 68.75 with changes specified at N.J.A.C. 7:31-4.1(c)12 

and 7:31-4.6(a), (b), and (c);

6. A requirement to ensure that the equipment and procedures are returned to their original 

or designed conditions at the end of the temporary change.

§68.77 Pre-startup review.

(a) The owner or operator shall perform a pre-startup safety review for new stationary sources and for 
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modified stationary sources when the modification is significant enough to require a change in the process safety 

information.

(b) The pre-startup safety review shall confirm that prior to the introduction of regulated substances to a 

process:

(1) Construction and equipment is in accordance with design specifications;

(2) Safety, operating, maintenance, and emergency procedures are in place and are adequate;

(3) For new stationary sources, a process hazard analysis has been performed and recommendations 

have been resolved or implemented before startup; and modified stationary sources meet the requirements 

contained in management of change, §68.75.

(4) Training of each employee involved in operating a process has been completed.

Additional New Jersey Requirements -

7:31-4.7 Safety reviews: design and pre-startup 

(a) The provisions of this section apply in addition to those in 40 CFR 68.77.

(b) For each new covered process, the owner or operator shall conduct a safety review of design for 

new EHS equipment prior to construction and shall document that the design of the covered process follows 

design and operating standards as reflected in the process safety information compiled in accordance with 40 

CFR 68.65 with changes specified at N.J.A.C. 7:31-4.1(c)1 through 4.

(c) A written report shall be prepared for each safety review performed pursuant to (b) above. The 

safety review of design report shall include the following:

1. The date of the report and an identification of the covered process, the process safety 

information, and standard operating procedures reviewed;

2. An identification of the codes and standards upon which the covered process design and 

operations were based;

3. The names of the persons who performed the safety review; and

4. The deviations from the design and operating codes and standards that were found with 

an appropriate description of the resolution of each deviation finding.

(d) For each new covered process or modified covered process, the owner or operator shall conduct 

and document a pre-startup safety review prior to placing the covered process into EHS service.

(e) A written report shall be prepared for each pre-startup safety review performed pursuant to (d) 

above. The pre-startup safety review report shall include the following:

1. The date of the report and an identification of the covered process; and 

2. Documentation that all the requirements of 40 CFR 68.77(b) have been completed prior 

to the startup of the new or modified covered process.
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§68.79 Compliance audits.

(a) The owner or operator shall certify that they have evaluated compliance with the provisions of this 

subpart at least every three years every year to verify that the procedures and practices developed under this 

subpart are adequate and are being followed. Also, the owner or operator shall verify that the process 

technology and equipment, as built and operated, are in accordance with the process safety information prepared 

pursuant to 40 CFR 68.65(c) and (d) as incorporated with changes at N.J.A.C. 7:31-4.1(c)1 through 4.

(b) The compliance audit shall be conducted by at least one person knowledgeable in the process.

(c) A report of the findings of the audit shall be developed. The compliance audit report shall also 

include the scope, audit techniques, methods used and the names of the audit participants.

(d) The owner or operator shall promptly determine and document an appropriate response to each of 

the findings of the compliance audit, and document that deficiencies have been corrected. The owner or 

operator shall prepare and include in the report a written schedule for the implementation of corrective actions or 

state that such actions have been completed.

(e) The owner or operator shall retain the two (2) most recent compliance audit reports.

§68.81 Incident EHS accident or potential catastrophic event investigation.

(a) The owner or operator shall investigate each incident which resulted in, or could reasonably have 

resulted in a catastrophic release of a regulated substance EHS accident or potential catastrophic event.

(b) An incident EHS accident or potential catastrophic event investigation shall be initiated as promptly 

as possible, but not later than 48 hours following the incident.

(c) An incident EHS accident or potential catastrophic event investigation team shall be established and 

consist of at least one person knowledgeable in the process involved, including a contract employee if the 

incident involved work of the contractor, and other persons with appropriate knowledge and experience to 

thoroughly investigate and analyze the incident.

(d) A report shall be prepared at the conclusion of the investigation which includes at a minimum:

(1) Date ,time, and location of incident EHS accident or potential catastrophic event;

(2) Date investigation began;

(3) A description of the incident EHS accident or potential catastrophic event in chronological order 

providing all the relevant facts. Include the identity, amount and duration of the EHS release if these facts can 

be reasonably determined based on the information obtained through the investigation. Also, identify the 

consequences, if any, of the EHS accident or potential catastrophic event including the number of evacuees, 

injured, and fatalities, and the impact on the community.;

(4) The factors that contributed to the incident EHS accident or potential catastrophic event that includes 

an identification of basic and contributory causes, either direct or indirect; and,

(5) Any recommendations resulting from the investigation to prevent a recurrence.

i. The names and position titles of the investigators.

(e) The owner or operator shall establish a system to promptly address and resolve the incident EHS 

accident or potential catastrophic event report findings and recommendations. Resolutions and corrective 

actions shall be documented.

(f) The report shall be reviewed with all affected personnel whose job tasks are relevant to the incident

EHS accident or potential catastrophic event findings including contract employees where applicable.

(g) Incident EHS accident or potential catastrophic event investigation reports shall be retained for five 
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years.

§68.83 Employee participation.

(a) The owner or operator shall develop a written plan of action regarding the implementation of the 

employee participation required by this section.

(b) The owner or operator shall consult with employees and their representatives on the conduct and 

development of process hazards analyses with risk assessments and on the development of the other elements of 

process safety management in this rule.

(c) The owner or operator shall provide to employees and their representatives access to process hazard 

analyses with risk assessments and to all other information required to be developed under this rule.

§68.85 Hot work permit.

(a) The owner or operator shall issue a hot work permit for hot work operations conducted on or near a 

covered process.

(b) The permit shall document that the fire prevention and protection requirements in 29 CFR 

1910.252(a) have been implemented prior to beginning the hot work operations; it shall indicate the date(s) 

authorized for hot work; and identify the object on which hot work is to be performed. The permit shall be kept 

on file until completion of the hot work operations.

§68.87 Contractors.

(a) Application. This section applies to contractors performing maintenance or repair, turnaround, 

major renovation, or specialty work on or adjacent to a covered process. It does not apply to contractors 

providing incidental services which do not influence process safety, such as janitorial work, food and drink 

services, laundry, delivery or other supply services.

(b) Owner or operator responsibilities. (1) The owner or operator, when selecting a contractor, shall 

obtain and evaluate information regarding the contract owner or operator's safety performance and programs.

(2) The owner or operator shall inform contract owner or operator of the known potential fire, 

explosion, or toxic release hazards related to the contractor's work and the process.

(3) The owner or operator shall explain to the contract owner or operator the applicable provisions of 

subpart E of this part.

(4) The owner or operator shall develop and implement safe work practices consistent with § 68.69(d), 

to control the entrance, presence, and exit of the contract owner or operator and contract employees in covered 

process areas.

(5) The owner or operator shall periodically evaluate the performance of the contract owner or 

operator in fulfilling their obligations as specified in paragraph (c) of this section.

(c) Owner or operator’s oversight of Contract owner or operator responsibilities. The owner or operator 

shall require the contract owner or operator to complete the following prior to a contract owner or operator 

performing work at a covered process:

(1) The contract owner or operator shall assure that each contract employee is trained in the work 

practices necessary to safely perform his/her job.

(2) The contract owner or operator shall assure that each contract employee is instructed in the known 
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potential fire, explosion, or toxic release hazards related to his/her job and the process, and the applicable 

provisions of the emergency action plan.

(3) The contract owner or operator shall document that each contract employee has received and 

understood the training required by this section. The contract owner or operator shall prepare a record which 

contains the identity of the contract employee, the date of training, and the means used to verify that the 

employee understood the training.

(4) The contract owner or operator shall assure that each contract employee follows the safety rules of 

the stationary source including the safe work practices required by § 68.69(d).

(5) The contract owner or operator shall advise the owner or operator of any unique hazards presented 

by the contract owner or operator's work, or of any hazards found by the contract owner or operator's work.

Additional New Jersey Requirements

7:31-4.8 Emergency response

(a) Owners and operators of Program 3 covered processes are subject to the emergency response 

provisions of N.J.A.C. 7:31-5.

7:31-4.9 Annual reports

(a) Each owner or operator shall submit an annual report to the Department reflecting the risk 

management activities for the 12 month period ending on the anniversary date within 90 days of the anniversary 

date. The anniversary date shall be the date of the signing of the initial consent agreement or the date of issuance 

of an administrative order by the Department designating the approval of the Risk Management Program for the 

stationary source. The Department shall change the anniversary date upon receipt of a written request from the 

owner or operator provided the anniversary date has not been changed in the preceding 24 months.

(b) The annual report shall contain:

1. An update, if applicable, of the supplemental TCPA program information as specified in 

N.J.A.C. 7:31-7.2(a)2, if this supplemental information was not previously reported in a revised Risk 

Management Plan submittal. If there were no changes in the supplemental information since the last Risk 

Management Plan submittal, the owner or operator shall state this in the annual report;

2. A description of significant changes to the management system. If there were no changes 

in the management system since the last annual report, the owner or operator shall state this in the annual report.;

3. A process hazard analysis with risk assessment report prepared pursuant to N.J.A.C. 

7:31-4.2(e) for each process hazard analysis with risk assessment completed during the previous year, if 

applicable. For those risk assessment reports prepared pursuant to N.J.A.C. 7:31-4.6(c), a list of the reports may 

be submitted instead of the reports. If no process hazard analysis with risk assessment reports were completed 

since the last annual report, the owner or operator shall state this in the annual report;
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4. A summary of EHS accidents and potential catastrophic events that occurred during the 

previous year. If no EHS accidents or potential catastrophic events occurred since the last annual report, the 

owner or operator shall state this in the annual report. The summary shall include: 

i. The EHS involved and amount released if these facts can be reasonably determined 

based on the information obtained through the investigation;

ii. The date and time of the EHS accident and potential catastrophic event and identification 

of the EHS equipment involved; and

iii. The basic and contributory causes;

5. The compliance audit report and documentation for the year ending on the anniversary 

date prepared pursuant to 40 CFR 68.79(c) and (d) with changes specified at N.J.A.C. 7:31-4.1(c)14 and 23; and

6. Each inherently safer technology review report completed pursuant to N.J.A.C. 7:31-

4.12(b) and (f) during the previous year.

7:31- 4.10 Obligations upon temporary discontinuance of EHS use, storage and handling

(a) The owner or operator of a covered process who temporarily discontinues use, storage, handling 

and generation of an EHS in the covered process, or temporarily stores it at less than the threshold quantity, shall 

continue activities required of the owner or operator by this chapter until the date a consent agreement, or 

consent agreement addendum, that is signed by the owner or operator, is signed by the Department which 

requires, at a minimum:

1. Performance of a pre-startup safety review of the discontinued EHS equipment and

procedures in accordance with the requirements of 40 CFR 68.77(a), (b)(1) and (2) and N.J.A.C. 7:31-4.7(e), 

within 60 calendar days prior to bringing the EHS back to the covered process;

2. Performance of inspections, tests and checks for proper operation of the discontinued 

EHS equipment, conforming to requirements of 40 CFR 68.73 with changes specified at N.J.A.C. 7:31-4.1(c)10-

11 and N.J.A.C. 7:31-4.5, within 60 calendar days prior to bringing the EHS back to the covered process; and

3. Performance of EHS operator training activities, conforming to 40 CFR 68.71 with 

changes specified at N.J.A.C. 7:31-4.1(c)9 and N.J.A.C. 7:31-4.4, within 60 calendar days prior to bringing the 

EHS back to the covered process; and

4. Payment of the annual fee.

7:31-4.11 New covered processes - construction and new EHS service

(a) Owners or operators who plan to construct a new Program 3 covered process at a facility for 

which there is no previously approved risk management program shall:

1. Submit to the Department a report of safety review of design in accordance with 

N.J.A.C. 7:31-4.7(b) and (c) and the documentation required at N.J.A.C. 7:31-7.2 and 40 CFR 68.150 with 

changes specified at N.J.A.C. 7:31-7.1(c) 1.2 at least 90 days prior to construction of the covered process;
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2. Proceed with construction of the new covered process only upon receiving written 

approval from the Department;

3. Submit to the Department at least 90 days prior to the date the equipment is scheduled to 

be placed into EHS service any updates of the documentation as required by N.J.A.C. 7:31-4.11(a)1; 

4. Conduct a pre-startup safety review in accordance with N.J.A.C. 7:31-4.7(d) and (e); and 

5. Submit to the Department the fees required by N.J.A.C. 7:31-1.11.

(b) Owners or operators who plan to utilize existing equipment for a new Program 3 covered 

process at a facility for which there is no previously approved risk management program shall:

1. Submit a report of safety review of design in accordance with N.J.A.C. 7:31-4.7(b) and 

(c) and the documentation required at N.J.A.C. 7:31-7.2 and 40 CFR 68.150 with changes specified at N.J.A.C. 

7:31-7.1(c)1-2 at least 90 days prior to placing the equipment into EHS service;

2. Conduct a pre-startup safety review in accordance with N.J.A.C. 7:31-4.7(d) and (e); and 

3. Submit to the Department the fees required by N.J.A.C. 7:31-1.11.

(c) Owners or operators who plan to construct a new Program 3 covered process or utilize existing 

equipment for a new Program 3 covered process at a facility that has a previously approved risk management 

program shall:

1. Submit a report of safety review of design in accordance with N.J.A.C. 7:31-4.7(b) and 

(c) and update documentation in accordance with N.J.A.C. 7:31-7.2 and 40 CFR 68.150 with changes specified 

at N.J.A.C. 7:31-7.1(c)1-2 at least 90 days prior to the scheduled placing of the equipment into EHS service; 

2. Conduct a pre-startup safety review in accordance with N.J.A.C. 7:31-4.7(d) and (e); and

3. Submit to the Department the fees required by N.J.A.C. 7:31-1.11.

(d) Prior to placing equipment into EHS service the owner or operator of a covered process shall 

enter into a consent agreement, or consent agreement addendum, for that equipment with the Department, 

subsequent to a facility audit or inspection by the Department, and complete any deficiencies in the consent 

agreement, or consent agreement addendum, for that equipment in accordance with the schedule in the consent 

agreement or consent agreement addendum.

(e) The owner or operator shall complete an inherently safer technology review and report 

pursuant to N.J.A.C. 7:31-4.12(c) through (f) for each new covered process. The owner or operator 

shall submit the inherently safer technology review report with the submittal required at (a)1, (b)1, or 

(c)1 above, as applicable.

7:31-4.12 Inherently safer technology review

(a) By September 2, 2008 for each covered process at the stationary source, the owner or 

operator shall complete an initial inherently safer technology review pursuant to (c) through (e), below 

and shall prepare and submit to the Department an inherently safer technology review report pursuant 

to (f) below. An inherently safer technology review report completed pursuant to the Best Practices 
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Standards at TCPA/DPCC Chemical Sector Facilities, November 21, 2005 

(http://www.nj.gov/dep/rpp/brp), prior to the effective date of this rule may be submitted to comply 

with this requirement.

(b) The owner or operator shall update the inherently safer technology review submitted 

pursuant to (a) above on the same schedule as the process hazard analysis with risk assessment 

revalidations and updates pursuant to 40 CFR 68.67(f) incorporated with changes at N.J.A.C. 7:31-

4.1(c)7 and N.J.A.C. 7:31-4.6(c) are updated for each covered process at the stationary source, 

including each new covered process brought on line since the date of the previous inherently safer 

technology review. The owner or operator shall address the inherently safer technologies that have 

been developed since the last inherently safer technology review. Unless an update is required 

pursuant to N.J.A.C. 7:31-4.6(c), the first inherently safer technology review update shall not be 

required until two years after the date of the initial inherently safer technology review.

(c) Each inherently safer technology review required by this section shall be conducted by a 

team of qualified experts convened by the owner or operator, whose members shall have expertise in 

environmental health and safety, chemistry, design and engineering, process controls and 

instrumentation, maintenance, production and operations, and chemical process safety. 

(d) Each inherently safer technology review required by this section shall identify available 

inherently safer technology alternatives or combinations of alternatives that minimize or eliminate the 

potential for an EHS release. Using any available inherently safer technology analysis method, this 

review shall include, at a minimum, an analysis of the following principles and techniques: 

1. Reducing the amount of EHS material that potentially may be released; 

2. Substituting less hazardous materials; 

3. Using EHSs in the least hazardous process conditions or form; and 

4. Designing equipment and processes to minimize the potential for equipment failure 

and human error.

(e) Each inherently safer technology review required by this section shall include a 

determination of whether each of the inherently safer technologies identified pursuant to (d) above is 

feasible. For purposes of this determination, feasible means capable of being accomplished in a 

successful manner, taking into account environmental, public health and safety, legal, technological, 

and economic factors. 

(f) The owner or operator shall prepare and submit to the Department a report that documents 

each inherently safer technology review required by this section. The report shall include:

1. An identification of the covered process that is the subject of the review; a list of the 

review team members with name, position, affiliation, responsibilities, qualifications and experience 

for each; the date of report completion; and the inherently safer technology analysis method used to 
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complete the review;

2. The questions asked and answered to address the inherently safer technology 

principles and techniques pursuant to (d) above; 

3. A list of inherently safer technologies determined to be already present in the covered 

process;

4. A list of additional inherently safer technologies identified;

5. A list of the additional inherently safer technologies selected to be implemented and a 

schedule for their implementation; and

6. A list of the inherently safer technologies determined to be infeasible; and

7. A written explanation justifying the infeasibility determination for each inherently 

safer technology determined to be infeasible. The owner or operator shall substantiate the infeasibility 

determination using a qualitative and quantitative evaluation of environmental, public health and 

safety, legal, technological, and economic factors.

(g) An owner or operator may file a claim with the Department pursuant to N.J.A.C. 7:31-10 to 

withhold from public disclosure confidential information included in an inherently safer technology 

review report required to be submitted to the Department pursuant to this section.
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SUBCHAPTER 5. EMERGENCY RESPONSE

7:31-5.1 Incorporation by reference 

(a) This subchapter incorporates by reference 40 CFR 68 Subpart E, including all future amendments

and supplements, except as provided below. 

(c) The following provisions of 40 CFR 68 Subpart E are incorporated by reference with the 

specified changes:

1. 40 CFR 68.90(b), delete the introductory paragraph and replace with, “The owner or operator 

of a facility whose employees will not respond to accidental EHS releases shall comply with the 

following:”.

2. 40 CFR 68.90(b)(1), delete, “For stationary sources with any regulated toxic substance held 

in a process above the threshold quantity, the stationary source” and replace with, “For facilities with 

any regulated toxic substance at or above the threshold quantity, the facility”. 40 CFR 68.90(b)(2), 

delete, “For stationary sources with only regulated flammable substances held in a process about the 

threshold quantity” and replace with “For facilities with only regulated flammable substances at or 

above the threshold quantity”. 40 CFR 68.90(b)(3), at the end, add “The owner or operator shall obtain 

documentation from the local fire department or other outside emergency responder agencies, as 

applicable, that they will be responsible for responding to accidental releases at the owner or operator’s 

facility.”

3. 40 CFR 68.95(b), delete the words "complies with other Federal contingency plan 

regulations or"; and

4. 40 CFR 68.95(b), after the words "is consistent with" add the words "and as stringent as."

40 CFR 68 Subpart E--Emergency Response

§68.90 Applicability.

 (a) Except as provided in paragraph (b) of this section, the owner or operator of a stationary source with 

Program 2 and Program 3 processes shall comply with the requirements of § 68.95.

 (b) The owner or operator of stationary source whose employees will not respond to accidental releases of 

regulated substances need not comply with § 68.95 of this part provided that they meet the following:

The owner or operator of a facility whose employees will not respond to accidental EHS releases shall comply 

with the following:

 (1) For stationary sources with any regulated toxic substance held in a process above the threshold quantity, 

the stationary source For facilities with any regulated toxic substance at or above the threshold quantity, the 

facility is included in the community emergency response plan developed under 42 U.S.C. 11003;

 (2) For stationary sources with only regulated flammable substances held in a process above the threshold 

quantity For facilities with only regulated flammable substances at or above the threshold quantity, the owner or 
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operator has coordinated response actions with the local fire department; and

 (3) Appropriate mechanisms are in place to notify emergency responders when there is a need for a response. 

The owner or operator shall obtain documentation from the local fire department or other outside emergency 

responder agencies, as applicable, that they will be responsible for responding to accidental releases at the owner 

or operator's facility.

§68.95 Emergency response program.

 (a) The owner or operator shall develop and implement an emergency response program for the purpose of 

protecting public health and the environment. Such program shall include the following elements:

 (1) An emergency response plan, which shall be maintained at the stationary source and contain at least the 

following elements:

 (i) Procedures for informing the public and local emergency response agencies about accidental releases;

 (ii) Documentation of proper first-aid and emergency medical treatment necessary to treat accidental human 

exposures; and

 (iii) Procedures and measures for emergency response after an accidental release of a regulated substance;

 (2) Procedures for the use of emergency response equipment and for its inspection, testing, and maintenance;

 (3) Training for all employees in relevant procedures; and

 (4) Procedures to review and update, as appropriate, the emergency response plan to reflect changes at the 

stationary source and ensure that employees are informed of changes.

 (b) A written plan that complies with other Federal contingency plan regulations or is consistent with and as 

stringent as the approach in the National Response Team's Integrated Contingency Plan Guidance (``One 

Plan'') and that, among other matters, includes the elements provided in paragraph (a) of this section, shall 

satisfy the requirements of this section if the owner or operator also complies with paragraph (c) of this section.

 (c) The emergency response plan developed under paragraph (a)(1) of this section shall be coordinated with 

the community emergency response plan developed under 42 U.S.C. 11003. Upon request of the local emergency 

planning committee or emergency response officials, the owner or operator shall promptly provide to the local 

emergency response officials information necessary for developing and implementing the community emergency 

response plan.

 

Additional New Jersey Requirements -

7:31-5.2 Emergency response program

(a) The provisions of this section apply in addition to those of 40 CFR 68.95 with changes specified 

at N.J.A.C. 7:31-5.1(c)3 and 4.

(b) Each owner or operator shall develop and implement a written emergency response (ER) 

program which shall include:

1. Initial and annual refresher emergency response training for all employees in relevant 

procedures to implement the emergency response plan;

2. Performance of at least one EHS ER exercise per calendar year in accordance with the 
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following requirements:

i. The owner or operator of a facility whose employees will not respond to an EHS 

accident in accordance with 40 CFR 68.90(b) with changes specified at N.J.A.C. 7:31-5.1(c)1 and 2 shall invite 

at least one outside responder agency designated in the ER plan to participate in the ER exercise. Employees of 

the facility shall perform their assigned responsibilities for all ER exercises; and

ii. All other owners or operators shall perform at least one full scale ER exercise in 

which the ER team and ER containment, mitigation, and monitoring equipment are deployed at a strength 

appropriate to demonstrate the adequacy and implementation of the plan.

3. A written assessment of the ER plan, of the adequacy of notification to outside agencies 

and the public, and of the adequacy or need for ER equipment after each ER plan implementation or each ER 

exercise; 

4. A description of the emergency notification system at the facility which shall include the 

following requirements for reporting EHS accidents:

i. Immediate notification to the Department's emergency communications center at 

1-877 WARN DEP (1-877-927-6337) by the emergency coordinator or designee of an EHS accident or 

imminent EHS accident at the stationary source. The notification shall include the following information:

(1) Company name and address of the EHS accident;

(2) The name, position, and telephone number of caller;

(3) The time of, or anticipated time, of the EHS accident and the projected 

duration;

(4) The chemical name of the EHS released;

(5) The actual EHS quantity or, if not known, the estimated EHS quantity 

and whether it will have an offsite impact; and

(6) Weather conditions, including wind direction and speed and expected 

offsite effects, if any;

ii. The emergency coordinator or designee for the stationary source shall be 

prepared to provide the Department's emergency communications center updates, if requested, which shall 

include the following information:

(1) The name and address of stationary source of the EHS accident;

(2) The name, position and telephone number of caller;

(3) The location of the point of EHS release, a description of the source, 

cause and type of EHS accident, quantity and concentration of the EHS released, and whether the EHS release is 

of a continuing nature;

(4) The measures taken to terminate the EHS release or to mitigate its effect, 

and the effectiveness of such measures; and

(5) An update on weather conditions;

iii. The following EHS accidental releases shall be exempt from the notification 

provisions of N.J.A.C. 7:31-5.2(b)4 above provided the EHS accident is recorded in accordance with the 

procedures established for EHS accident investigation for the facility. This exemption does not affect any other 
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State or Federal reporting requirements.

(1) An EHS release that has no potential offsite impact;

(2) An EHS release that results in no actual or potential injuries or fatalities 

at the stationary source; and 

(3) An EHS release that does not activate the emergency response plan. This 

exemption does not affect any other State or Federal reporting requirements.
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SUBCHAPTER 6. EXTRAORDINARILY HAZARDOUS SUBSTANCES

7:31-6.1 Incorporation by reference

(a) This subchapter incorporates by reference 40 CFR 68 Subpart F, Regulated Substances for 

Accidental Release Prevention, including all future amendments and supplements, except as provided below.

(b) The following provisions are not incorporated by reference: 40 CFR 68.120, Petition process; 

and 40 CFR 68.125, Exemptions.

(c) The following provisions are incorporated by reference with the specified changes:

1. 40 CFR 68.100, delete "subpart" and replace with "subchapter", after "as amended," add 

"and the Toxic Catastrophe Prevention Act, as amended, and". Delete the phrase "and establishes the 

requirements for petitioning to add or delete substances from the list".

2. 40 CFR 68.115(a), delete "regulated substance" and replace with "EHS" at both occurrences. 

After "listed in" delete "§ 68.130" and replace with " N.J.A.C. 7:31-6.3(a), Table 1," and add "meets 

or" before "exceeds".

3. 40 CFR 68.115(b), (b)(1) through (b)(5) at all occurrences delete "more than" before "a 

threshold quantity," and delete "regulated toxic substance" and replace with "toxic EHS" and delete 

"regulated flammable substance" and replace with "flammable EHS". Also, at all occurrences, delete 

“stationary source” and replace with “facility”.

4. 40 CFR 68.115(b)(5)(ii), after "operations;" replace "and" with "however, only pilot plant 

scale operations handling the substances listed at 40 CFR 68.130 in a covered process shall be 

covered under this chapter; and".

5. 40 CFR 68.130, all substances and their specified threshold quantities are incorporated by 

reference into two lists as follows:

i. 40 CFR 68.130 Table 1 (and 2), List of Regulated Toxic Substances, including all 

future amendments and supplements, are incorporated as N.J.A.C. 7:31-6.3(a), Table I, Part B;

ii. 40 CFR 68.130 Table 3 (and 4), List of Regulated Flammable Substances, including all 

future amendments and supplements.

40 CFR 68 Subpart F - Regulated Substances for Accidental Release Prevention

§68.100 Purpose.

This subpart subchapter designates substances to be listed under section 112(r)(3), (4), and (5) of the 

Clean Air Act, as amended, and the Toxic Catastrophe Prevention Act, as amended, and identifies their threshold 

quantities, and establishes the requirements for petitioning to add or delete substances from the list.

§68.115 Threshold determination.
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(a) A threshold quantity of a regulated substance listed in §68.130 is present at a stationary source if 

the total quantity of the regulated substance contained in a process exceeds the threshold. A threshold quantity 

of an EHS in N.J.A.C. 7:31-6.3(a), Table 1, is present at a facility if the total quantity of the EHS at the facility 

meets or exceeds the threshold.

(b) For the purposes of determining whether more than a threshold quantity of a regulated substance is 

present at the stationary source, facility the following exemptions apply:

(1) Concentrations of a regulated toxic substance toxic EHS in a mixture. If a regulated substance is 

present in a mixture and the concentration of the substance is below one percent by weight of the mixture, the 

amount of the substance in the mixture need not be considered when determining whether more than a threshold 

quantity is present at the stationary source. Except for oleum, toluene 2,4-diisocyanate, toluene 

2,6-diisocyanate, and toluene diisocyanate (unspecified isomer), if the concentration of the regulated substance 

in the mixture is one percent or greater by weight, but the owner or operator can demonstrate that the partial 

pressure of the regulated substance in the mixture (solution) under handling or storage conditions in any portion 

of the process is less than 10 millimeters of mercury (mm Hg), the amount of the substance in the mixture in that 

portion of the process need not be considered when determining whether more than a threshold quantity is 

present at the stationary source facility. The owner or operator shall document this partial pressure 

measurement or estimate.

(2) Concentrations of a regulated flammable substance flammable EHS in a mixture.

(i) General provision. If a regulated substance is present in a mixture and the concentration of the 

substance is below one percent by weight of the mixture, the mixture need not be considered when determining 

whether more than a threshold quantity of the regulated substance is present at the stationary source facility. 

Except as provided in paragraph (b)(2) (ii) and (iii) of this section, if the concentration of the substance is one 

percent or greater by weight of the mixture, then, for purposes of determining whether a threshold quantity is 

present at the stationary source facility, the entire weight of the mixture shall be treated as the regulated 

substance unless the owner or operator can demonstrate that the mixture itself does not have a National Fire 

Protection Association flammability hazard rating of 4. The demonstration shall be in accordance with the 

definition of flammability hazard rating 4 in the NFPA 704, Standard System for the Identification of the 

Hazards of Materials for Emergency Response, National Fire Protection Association, Quincy, MA, 1996. 

Available from the National Fire Protection Association, 1 Batterymarch Park, Quincy, MA 02269-9101. This 

incorporation by reference was approved by the Director of the Federal Register in accordance with 5 U.S.C. 

552(a) and 1 CFR part 51. Copies may be inspected at the Environmental Protection Agency Air Docket (6102), 

Attn: Docket No. A-96-O8, Waterside Mall, 401 M. St. SW., Washington D.C.; or at the Office of Federal 

Register at 800 North Capitol St., NW, Suite 700, Washington, D.C. Boiling point and flash point shall be 

defined and determined in accordance with NFPA 30, Flammable and Combustible Liquids Code, National Fire 

Protection Association, Quincy, MA, 1996. Available from the National Fire Protection Association, 1 

Batterymarch Park, Quincy, MA 02269-9101. This incorporation by reference was approved by the Director of 

the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies may be inspected at the 

Environmental Protection Agency Air Docket (6102), Attn: Docket No. A-96-O8, Waterside Mall, 401 M. St. SW., 

Washington D.C.; or at the Office of Federal Register at 800 North Capitol St., NW, Suite 700, Washington, D.C. 

The owner or operator shall document the National Fire Protection Association flammability hazard rating.

 (ii) Gasoline. Regulated substances in gasoline, when in distribution or related storage for use as fuel 

for internal combustion engines, need not be considered when determining whether more than a threshold 

quantity is present at a facility. stationary source.
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 (iii) Naturally occurring hydrocarbon mixtures. Prior to entry into a natural gas processing plant or a 

petroleum refining process unit, regulated substances in naturally occurring hydrocarbon mixtures need not be 

considered when determining whether more than a threshold quantity is present at a facility.stationary source.

Naturally occurring hydrocarbon mixtures include any combination of the following: condensate, crude oil, 

field gas, and produced water, each as defined in § 68.3 of this part.

(3) Articles. Regulated substances contained in articles need not be considered when determining 

whether more than a threshold quantity is present at the facility. stationary source.

(4) Uses. Regulated substances, when in use for the following purposes, need not be included in 

determining whether more than a threshold quantity is present at the facility: stationary source:

(i) Use as a structural component of the facility; stationary source;

(ii) Use of products for routine janitorial maintenance;

(iii) Use by employees of foods, drugs, cosmetics, or other personal items containing the regulated 

substance; and

(iv) Use of regulated substances present in process water or non-contact cooling water as drawn from 

the environment or municipal sources, or use of regulated substances present in air used either as compressed 

air or as part of combustion.

(5) Activities in Laboratories. If a regulated substance is manufactured, processed, or used in a 

laboratory at a facility stationary source under the supervision of a technically qualified individual as defined in 

720.3(ee) of this chapter, the quantity of the substance need not be considered in determining whether a 

threshold quantity is present. This exemption does not apply to:

(i) Specialty chemical production;

(ii) Manufacture, processing, or use of substances in pilot plant scale operations; and however, only

pilot scale operations handling the substances listed at 40 CFR 68.130 in a covered process shall be covered 

under this chapter; and

(iii) Activities conducted outside the laboratory.

§68.120 Petition process.

(a) Any person may petition the Administrator to modify, by addition or deletion, the list of regulated 

substances identified in 68.130. Based on the information presented by the petitioner, the Administrator may 

grant or deny a petition.

(b) A substance may be added to the list if, in the case of an accidental release, it is known to cause or 

may be reasonably anticipated to cause death, injury, or serious adverse effects to human health or the 

environment. 

(c) A substance may be deleted from the list if adequate data on the health and environmental effects of 

the substance are available to determine that the substance, in the case of an accidental release, is not known to 

cause and may not be reasonably anticipated to cause death, injury, or serious adverse effects to human health 

or the environment.

(d) No substance for which a national primary ambient air quality standard has been established shall 

be added to the list. No substance regulated under Title VI of the Clean Air Act, as amended, shall be added to 

the list.

(e) The burden of proof is on the petitioner to demonstrate that the criteria for addition and deletion are 

met. A petition will be denied if this demonstration is not made.

(f) The Administrator will not accept additional petitions on the same substance following publication 
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of a final notice of the decision to grant or deny a petition, unless new data becomes available that could 

significantly affect the basis for the decision.

(g) Petitions to modify the list of regulated substances must contain the following:

(1) Name and address of the petitioner and a brief description of the organization(s) that the petitioner 

represents, if applicable;

(2) Name, address, and telephone number of a contact person for the petition;

(3) Common chemical name(s), common synonym(s), Chemical Abstracts Service number, and chemical 

formula and structure;

(4) Action requested (add or delete a substance);

(5) Rationale supporting the petitioner's position; that is, how the substance meets the criteria for 

addition and deletion. A short summary of the rationale must be submitted along with a more detailed 

narrative; and

(6) Supporting data; that is, the petition must include sufficient information to scientifically support the 

request to modify the list. Such information shall include:

(i) A list of all support documents;

(ii) Documentation of literature searches conducted, including, but not limited to, identification of the 

database(s) searched, the search strategy, dates covered, and printed results;

(iii) Effects data (animal, human, and environmental test data) indicating the potential for death, injury, 

or serious adverse human and environmental impacts from acute exposure following an accidental release; 

printed copies of the data sources, in English, should be provided; and

(iv) Exposure data or previous accident history data, indicating the potential for serious adverse human 

health or environmental effects from an accidental release. These data may include, but are not limited to, 

physical and chemical properties of the substance, such as vapor pressure; modeling results, including data and 

assumptions used and model documentation; and historical accident data, citing

data sources.

(h) Within 18 months of receipt of a petition, the Administrator shall publish in the

Federal Register a notice either denying the petition or granting the petition and proposing a

listing.

§68.125 Exemptions.

Agricultural nutrients. Ammonia used as an agricultural nutrient, when held by farmers, is

exempt from all provisions of this part.

§68.126 Exclusion.

Flammable Substances Used as Fuel or Held for Sale as Fuel at Retail Facilities. A flammable substance 

listed in Tables 3 and 4 of Sec. 68.130 is nevertheless excluded from all provisions of this part when the 

substance is used as a fuel or held for sale as a fuel at a retail facility.

§68.130 List of substances.

(a) Regulated toxic and flammable substances under section 112(r) of the Clean Air Act are the 

substances listed in Tables 1, 2, 3, and 4. Threshold quantities for listed toxic and flammable substances are 
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specified in the tables.

(b) The basis for placing toxic and flammable substances on the list of regulated substances are 

explained in the notes to the list.

(TCPA Program Note: Tables 1, 2, 3, and 4 are provided at N.J.A.C. 7:31-6.3. Tables 1 and 2 are listed as Table 

I, Part B, and Tables 3 and 4 are listed as Table I, Part C.)

Additional New Jersey Requirements

7:31-6.2 Threshold quantity determination 

(a) If an EHS is listed as a toxic substance in N.J.A.C. 7:31-6.3(a) Table I, Part A and Part B, the 

lower threshold quantity shall apply as the threshold quantity throughout this chapter.

(b) If an EHS is listed in N.J.A.C. 7:31-6.3(a) as a toxic substance in Table I, Part A or B and as a 

flammable substance in Part C, the lower threshold quantity shall apply as the threshold quantity throughout this 

chapter.

(c) If a toxic EHS listed in N.J.A.C. 7:31-6.3(a) Table I, Part A is present in a mixture at a 

concentration which is lower than the acute toxicity concentration (ATC), the amount of the EHS in the mixture 

shall not be considered in determining if the threshold quantity is present at a facility.

(d) For mixtures of EHS listed in N.J.A.C. 7:31-6.3(a) Table I, Parts A or D, Group I, for which no 

concentration is specified, the threshold quantity shall be calculated using the weight percent of EHS contained 

in the mixture. When the weight of the total mixture times the weight percent is equal to or greater than the 

threshold quantity for that EHS, the owner or operator must comply with this chapter.

1. For EHS’s in Table I, Part A listed with a concentration in weight percent, the total 

weight of the solution shall be used to determine whether a threshold quantity is present at a facility.

2. For EHS’s in Table I, Part A listed with a concentration in volume percent, the weight of 

only the pure EHS shall be used to determine whether a threshold quantity is present at a facility.

(e) For a toxic EHS listed in N.J.A.C. 7:31-6.3(a) Table I, Part B, threshold quantity shall be 

determined in accordance with 40 CFR 68.115(b) with changes specified at N.J.A.C. 7:31-6.1(c)3 and 4. 

(f) For mixtures containing toxic EHSs listed in N.J.A.C. 7:31-6.3(a) Table I, Part B, the weight of 

the pure EHS shall be considered in determining whether a threshold quantity is present at a facility.

(g) For intentional mixtures involving one or more functional groups listed on N.J.A.C. 7:31-6.3(a)

Table I, Part D, Group II, the threshold quantity shall be based on the heat of reaction ( HR ) as determined in 

accordance with N.J.A.C. 7:31-6.3(b)1 through 6 and shall be derived from Table II at N.J.A.C. 7:31-6.3(c).

(h) For the purpose of determining whether a threshold quantity of an RHS mixture is present at a facility, 

the maximum capacity of the process vessel containing the RHS mixture shall be used assuming that the vessel 

is filled to capacity with the reactive ingredients of the RHS mixture. The maximum capacity of each individual 
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process vessel containing an RHS mixture shall be compared to the threshold quantity to determine applicability. 

Administrative controls that limit the maximum quantity in the process vessel shall not be taken into account; 

however, if the total quantity of reactant ingredients used in the RHS mixture present at the facility is less than 

the amount of the vessel capacity, that total quantity may be used for threshold quantity determination.

(i) An owner or operator may request EHS equipment containing an RHS mixture that would otherwise 

meet the threshold quantity at (h) above to not be considered in determining if the threshold quantity is 

present at the facility. In the request for exemption, the owner or operator shall demonstrate to the 

satisfaction of the Department that there is no possibility of a runaway reaction, overpressurization, and 

accidental EHS release during either normal or abnormal conditions based on an evaluation, using 

calorimetry testing or other scientific analysis, of the reaction chemistry of the RHS mixture, and in 

accordance with the following: 

1. The results of calorimetry testing or other scientific analysis shall be independently verified by a 

New Jersey licensed professional engineer or an officer or other authorized individual of a laboratory 

certified pursuant to N.J.A.C. 7:18 and certified by that engineer or officer or other authorized individual of 

a laboratory as follows: “I certify under penalty of law that I have personally examined and am familiar with 

the information submitted in this application and all attachments and that, based on my inquiry of those

individuals immediately responsible for obtaining the information, I believe that the information is true, 

accurate, and complete. I further certify that the operation described herein satisfies the criteria for 

exemption as set forth in N.J.A.C. 7:31-6.2(i). I am aware that there are significant civil and criminal 

penalties for submitting false, inaccurate, or incomplete information.”

2. The owner or operator shall include a certification statement specified at N.J.A.C. 7:31-8.2(c) 

with the request for exemption. Submittal of false information may be grounds for termination of any 

exemption.

3. The Department shall review the request for exemption and provide the owner or operator written 

notification of approval or denial of the exemption request.

7:31-6.3 Extraordinarily hazardous substance list

(a) The substances listed in Table I, Parts A, B, C, and D Group I and Group II (with its correlated 

thresholds listed in Table II at (c) below) constitute the Department's extraordinarily hazardous substance list.
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Table I

Part A - EHS List

Name of CAS # Threshold

Extraordinarily Hazardous Quantity in Pounds

Substance (EHS) 

Group I

*Hydrogen chloride (HCl) 7647-01-0 2,000

*Hydrochloric acid 36 percent

 by weight or more HCl 7647-01-0 5,600

Allyl chloride 107-05-1 2,000

*Hydrogen cyanide 74-90-8 500

(hydrocyanic acid)

*Hydrogen fluoride 7664-39-3 500

 (HF)

*Hydrofluoric acid

70 percent by weight or more 7664-39-3 700

HF

*Chlorine 7782-50-5 1,000

*Phosphorus trichloride 7719-12-2 500

*Hydrogen sulfide 7783-06-4 1,000

*Phosgene 75-44-5 100

*Bromine 7726-95-6 1,000

*Methyl isocyanate 624-83-9 100

*Toluene-2,4-diisocyanate 584-84-9 10,000

*Toluene-2,4-diisocyanate 26471-62-5 10,000

(mixture with Toluene2,6-diisocyanate,

unspecified isomer)

Group II

*Acetaldehyde 75-07-0 4,900 

*Acrolein 107-02-8 200

*Acrylonitrile 107-13-1 2,300

*Allylamine 107-11-9 1,200 

*Ammonia (NH3) 7664-41-7 5,200 

*Ammonia (aqueous) 28 percent 

by weight or more NH3 1336-21-6 19,000

*Arsine 7784-42-1 60 
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*bis (Chloromethyl) ether 542-88-1 80

Boron tribromide 10294-33-4 10,000

*Boron trichloride 10294-34-5 1,700 

*Boron trifluoride 7637-07-2 200 

Bromine chloride 13863-41-7 800

Bromine pentafluoride 7789-30-2 1,300

Carbon monoxide

 (10 percent by volume 630-08-0 12,000

 or more)

Carbonyl fluoride 353-50-4 1,700

*Chlorine dioxide 10049-04-4 500 

Chlorine pentafluoride 13637-63-3 500

Chlorine trifluoride 7790-91-2 600

*Chloromethyl methyl ether 107-30-2 300

Chloropicrin 76-06-2 900

Chloroprene 126-99-8 12,000

*Crotonaldehyde (cis-, 123-73-9 450

trans-isomers) 4170-30-3

*Cyanogen 460-19-5 1,300 

*Cyanogen chloride 506-77-4 200 

Diazomethane 334-88-3 300

*Diborane 19287-45-7 60 

Dichloroacetylene 7572-29-4 125

*Dichlorosilane 4109-96-0 2,000 

Diethylamine 109-89-7 9,600

*Dimethylamine 124-40-3 6,600 

*1,1 Dimethylhydrazine 57-14-7 800 

*Epoxypropane (Propylene

oxide) 75-56-9 7,700 

*Ethylamine 75-04-7 7,500 

*Ethylene oxide (Oxirane) 75-21-8 2,700 

*Ethylenimine (Aziridine) 151-56-4 800 

*Ethyl mercaptan 75-08-1 13,000

*Fluorine 7782-41-4 450 

*Formaldehyde (gas) 50-00-0 175

*Furan 110-00-9 200 

Hexafluoroacetone 684-16-2 3,300

Hydrogen bromide

 (HBr) 10035-10-6 2,900

Hydrobromic acid

 62 percent by weight or

 more HBr 10035-10-6 4,800

*Hydrogen selenide 7783-07-5 125

*Isopropylamine 75-31-0 3,300 
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Ketene 463-51-4 50

Methacrylaldehyde 78-85-3 1,300

*Methyl acrylonitrile 126-98-7 175 

*Methylamine 74-89-5 2,300 

Methyl bromide 74-83-9 1,800

*Methyl chloride 74-87-3 12,000 

*Methyl chloroformate 79-22-1 350 

Methyl dichlorosilane 75-54-7 27,000

Methyl fluoroacetate 453-18-9 90

Methyl fluorosulfate 421-20-5 50

*Methylhydrazine 60-34-4 125 

Methyl iodide 74-88-4 2,900

*Methyl mercaptan 74-93-1 2,400 

Methyl vinyl ketone 78-94-4 10

*Nickel carbonyl 13463-39-3 125 

*Nitric acid (HNO3)

94 percent by weight or 7697-37-2 450 

more HNO3

Nitrogen Oxides

 Nitrogen dioxide (NO2)

 10 percent by volume 10102-44-0 200

 or more

 *Nitric oxide

 10 percent by volume 10102-43-9 125 

 or more

 Nitrogen tetroxide

 10 percent by volume 10544-72-6 200

 or more

 Nitrogen trifluoride 7783-54-2 10,000

 Nitrogen trioxide

 10 percent by volume 10544-73-7 175

*Oleum 65 percent by weight

 or more

 free sulfur trioxide (SO3) 8014-95-7 800

Osmium tetroxide 20816-12-0 4,500

Oxygen difluoride 7783-41-7 10

Ozone 10028-15-6 15

Pentaborane 19624-22-7 15

*Perchloromethyl mercaptan 594-42-3 125 

Perchloryl fluoride 7616-94-6 2,900

*Phosphine 7803-51-2 30 

Phosphorus trifluoride 7783-55-3 34,000

*Phosphoryl chloride 10025-87-3 800

Propylamine 107-10-8 11,000
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Selenium hexafluoride 7783-79-1 700

Stibine 7803-52-3 250

*Sulfur dioxide (SO2)

 10 percent by volume

 or more SO2 7446-09-5 4,600

Sulfur monochloride 10025-67-9 2,800

Sulfur pentafluoride 5714-22-7 175

*Sulfur tetrafluoride 7783-60-0 150 

*Sulfur trioxide 7446-11-9 500 

Sulfuryl fluoride 2699-79-8 22,000

Tellurium hexafluoride 7783-80-4 175

Tetrafluorohydrazine 10036-47-2 3,800

*Tetramethyl lead 75-74-1 800

*Tetranitromethane 509-14-8 900 

Thionyl chloride 7719-09-7 250

*Titanium tetrachloride 7550-45-0 600 

*Trichlorosilane 10025-78-2 2,700 

*Trifluorochloroethylene 79-38-9 7,300 

Trimethoxysilane 2487-90-3 1,100

*Trimethylamine 75-50-3 11,000 

*Trimethylchlorosilane 75-77-4 1,400 

Vinyl trichlorosilane 75-94-5 7,700

*EHS also listed in Part B or Part C as of the date of adoption. Some may appear with different Federal 

thresholds or concentrations.
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Part B

40 CFR 68.130 Table 1 (and 2) incorporated by reference

Table I, Part B

TABLE 1 TO 68.130 - LIST OF REGULATED TOXIC SUBSTANCES AND THRESHOLD

QUANTITIES FOR ACCIDENTAL RELEASE PREVENTION

[ALPHABETICAL ORDER - 77 SUBSTANCES]

 

Chemical Name CAS No. Threshold Basis for

 quantity (lbs.) listing

Acrolein [2-Propenal] 107-02-8 5,000 b

Acrylonitrile [2-Propenenitrile] 107-13-1 20,000 b

Acrylyl chloride [2-Propenoyl 814-68-6 5,000 b

chloride]

Allyl alcohol [2-Propen-1-ol] 107-18-6 15,000 b

Allylamine [2-Propen-1-amine] 107-11-9 10,000 b

Ammonia (anhydrous) 7664-41-7 10,000 a, b

Ammonia (conc 20% or greater) 7664-41-7 20,000 a, b

Arsenous trichloride 7784-34-1 15,000 b

Arsine 7784-42-1 1,000 b

Boron trichloride [Borane, trichloro-] 10294-34-5 5,000 b

Boron trifluoride [Borane, trifluoro-] 7637-07-2 5,000 b

Boron trifluoride compound with methyl 353-42-4 15,000 b

ether (1:1) [Boron,

trifluoro[oxybis[metane]]-, T-4-

Bromine 7726-95-6 10,000 a, b

Carbon disulfide 75-15-0 20,000 b

Chlorine 7782-50-5 2,500 a, b

Chlorine dioxide [Chlorine oxide 10049-04-4 1,000 c

(ClO2)]

Chloroform [Methane, trichloro-] 67-66-3 20,000 b

Chloromethyl ether [Methane, 542-88-1 1,000 b

oxybis[chloro-]

Chloromethyl methyl ether [Methane, 107-30-2 5,000 b

chloromethoxy-]

Crotonaldehyde [2-Butenal] 4170-30-3 20,000 b

Crotonaldehyde, (E)- [2-Butenal, (E)-] 123-73-9 20,000 b

Cyanogen chloride 506-77-4 10,000 c

Cyclohexylamine [Cyclohexanamine] 108-91-8 15,000 b

Diborane 19287-45-7 2,500 b
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Dimethyldichlorosilane [Silane, 75-78-5 5,000 b

dichlorodimethyl-]

1,1-Dimethylhydrazine [Hydrazine, 57-14-7 15,000 b

1,1-dimethyl-]

Epichlorohydrin [Oxirane, 106-89-8 20,000 b

(chloromethyl)-]

Ethylenediamine [1,2-Ethanediamine] 107-15-3 20,000 b

Ethyleneimine [Aziridine] 151-56-4 10,000 b

Ethylene oxide [Oxirane] 75-21-8 10,000 a, b

Fluorine 7782-41-4 1,000 b

Formaldehyde (solution) 50-00-0 15,000 b

Furan 110-00-9 5,000 b

Hydrazine 302-01-2 15,000 b

Hydrochloric acid (conc 37% or greater) 7647-01-0 15,000 d

Hydrocyanic acid 74-90-8 2,500 a, b

Hydrogen chloride (anhydrous) 7647-01-0 5,000 a

[Hydrochloric acid]

Hydrogen fluoride/Hydrofluoric acid 7664-39-3 1,000 a, b

(conc 50% or greater) [Hydrofluoric

acid]

Hydrogen selenide 7783-07-5 500 b

Hydrogen sulfide 7783-06-4 10,000 a, b

Iron, pentacarbonyl- [Iron carbonyl 13463-40-6 2,500 b

(Fe(CO)5), (TB-5-11)-]

Isobutyronitrile [Propanenitrile, 78-82-0 20,000 b

2-methyl-]

Isopropyl chloroformate 108-23-6 15,000 b

[Carbonochloridic acid, 1-methylethyl

ester]

Methacrylonitrile [2-Propenenitrile, 126-98-7 10,000 b

2-methyl-]

Methyl chloride [Methane, chloro-] 74-87-3 10,000 a

Methyl chloroformate [Carbonochloridic 79-22-1 5,000 b

acid, methylester]

Methyl hydrazine [Hydrazine, methyl-] 60-34-4 15,000 b

Methyl isocyanate [Methane, 624-83-9 10,000 a, b

isocyanato-]

Methyl mercaptan [Methanethiol] 74-93-1 10,000 b

Methyl thiocyanate [Thiocyanic acid, 556-64-9 20,000 b

methyl ester]

Methyltrichlorosilane [Silane, 75-79-6 5,000 b

trichloromethyl-]

Nickel carbonyl 13463-39-3 1,000 b

Nitric acid (conc 80% or greater) 7697-37-2 15,000 b
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Nitric oxide [Nitrogen oxide (NO)] 10102-43-9 10,000 b

Oleum (Fuming Sulfuric acid) [Sulfuric 8014-95-7 10,000 e

acid, mixture with sulfur trioxide]1

Peracetic acid [Ethaneperoxoic acid] 79-21-0 10,000 b

Perchloromethylmercaptan 594-42-3 10,000 b

[Methanesulfenyl chloride, trichloro-]

Phosgene [Carbonic dichloride] 75-44-5 500 a, b

Phosphine 7803-51-2 5,000 b

Phosphorus oxychloride [Phosphoryl 10025-87-3 5,000 b

chloride]

Phosphorus trichloride [Phosphorous 7719-12-2 15,000 b

trichloride]

Piperidine 110-89-4 15,000 b

Propionitrile [Propanenitrile] 107-12-0 10,000 b

Propyl chloroformate [Carbonochloridic 109-61-5 15,000 b

acid, propylester]

Propyleneimine [Aziridine, 2-methyl-] 75-55-8 10,000 b

Propylene oxide [Oxirane, methyl-] 75-56-9 10,000 b

Sulfur dioxide (anhydrous) 7446-09-5 5,000 a, b

Sulfur tetrafluoride [Sulfur fluoride 7783-60-0 2,500 b

(SF4), (T-4)-]

Sulfur trioxide 7446-11-9 10,000 a, b

Tetramethyllead [Plumbane, 75-74-1 10,000 b

tetramethyl-]

Tetranitromethane [Methane, 509-14-8 10,000 b

tetranitro-]

Titanium tetrachloride [Titanium 7550-45-0 2,500 b

chloride (TiCl4) (T-4)-]

Toluene 2,4-diisocyanate [Benzene, 584-84-9 10,000 a

2,4-diisocyanato-1-methyl-]

1

Toluene 2,6-diisocyanate [Benzene, 91-08-7 10,000 a

1,3-diisocyanato-2-methyl-]

1

Toluene diisocyanate (unspecified 26471-62-5 10,000 a

isomer) [Benzene,

1,3-diisocyanatomethyl-]

1

Trimethylchlorosilane [Silane, 75-77-4 10,000 b

chlorotrimethyl-]

Vinyl acetate monomer [Acetic acid 108-05-4 15,000 b

ethenyl ester]

1

The mixture exemption in 68.115(b)(1) does not apply to the

substance.

Note: Basis for Listing:
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 - 87 - Rev. 9

a Mandated for listing by Congress.

b On EHS list, vapor pressure 10 mmHg or greater.

c Toxic gas.

d Toxicity of hydrogen chloride, potential to release hydrogen chloride, and history of accidents.

e Toxicity of sulfur trioxide and sulfuric acid, potential to release sulfur trioxide, and history of accidents.

TABLE 2 TO 68.130 - LIST OF REGULATED TOXIC SUBSTANCES AND THRESHOLD

QUANTITIES FOR ACCIDENTAL RELEASE PREVENTION

[CAS NUMBER ORDER - 77 SUBSTANCES]

 

 CAS No. Chemical Name. Threshold Basis for

quantity (lbs.) listing

 50-00-0 Formaldehyde (solution) 15,000 b

 57-14-7 1,1-Dimethylhydrazine [Hydrazine, 15,000 b

 1,1-dimethyl-]

 60-34-4 Methyl hydrazine [Hydrazine, methyl-] 15,000 b

 67-66-3 Chloroform [Methane, trichloro-] 20,000 b

 74-87-3 Methyl chloride [Methane, chloro-] 10,000 a

 74-90-8 Hydrocyanic acid 2,500 a, b

 74-93-1 Methyl mercaptan [Methanethiol] 10,000 b

 75-15-0 Carbon disulfide 20,000 b

 75-21-8 Ethylene oxide [Oxirane] 10,000 a, b

 75-44-5 Phosgene [Carbonic dichloride] 500 a, b

 75-55-8 Propyleneimine [Aziridine, 2-methyl-] 10,000 b

 75-56-9 Propylene oxide [Oxirane, methyl-] 10,000 b

 75-74-1 Tetramethyllead [Plumbane, 10,000 b

 tetramethyl-]

 75-77-4 Trimethylchlorosilane [Silane, 10,000 b

 chlorotrimethyl-]

 75-78-5 Dimethyldichlorosilane [Silane, 5,000 b

 dichlorodimethyl-]

 75-79-6 Methyltrichlorosilane [Silane, 5,000 b

 trichloromethyl-]

 78-82-0 Isobutyronitrile [Propanenitrile, 20,000 b

 2-methyl-]

 79-21-0 Peracetic acid [Ethaneperoxoic acid] 10,000 b

 79-22-1 Methyl chloroformate [Carbonochloridic 5,000 b

 acid, methylester]

 91-08-7 Toluene 2,6-diisocyanate [Benzene, 10,000 a

 1,3-diisocyanato-2-methyl-]

1
This is a courtesy copy of this rule. All of the Department’s rules are compiled in Title 7 of the New Jersey Administrative Code.

 - 88 - Rev. 9

 106-89-8 Epichlorohydrin [Oxirane, 20,000 b

 (chloromethyl)-]

 107-02-8 Acrolein [2-Propenal] 5,000 b

 107-11-9 Allylamine [2-Propen-1-amine] 10,000 b

 107-12-0 Propionitrile [Propanenitrile] 10,000 b

 107-13-1 Acrylonitrile [2-Propenenitrile] 20,000 b

 107-15-3 Ethylenediamine [1,2-Ethanediamine] 20,000 b

 107-18-6 Allyl alcohol [2-Propen-1-ol] 15,000 b

 107-30-2 Chloromethyl methyl ether [Methane, 5,000 b

 chloromethoxy-]

 108-05-4 Vinyl acetate monomer [Acetic acid 15,000 b

 ethenyl ester]

 108-23-6 Isopropyl chloroformate 15,000 b

 [Carbonochloridic acid, 1-methylethyl

 ester]

 108-91-8 Cyclohexylamine [Cyclohexanamine] 15,000 b

 109-61-5 Propyl chloroformate [Carbonochloridic 15,000 b

 acid, propylester]

 110-00-9 Furan 5,000 b

 110-89-4 Piperidine 15,000 b

 123-73-9 Crotonaldehyde, (E)- [2-Butenal, (E)-] 20,000 b

 126-98-7 Methacrylonitrile [2-Propenenitrile, 10,000 b

 2-methyl-]

 151-56-4 Ethyleneimine [Aziridine] 10,000 b

 302-01-2 Hydrazine 15,000 b

 353-42-4 Boron trifluoride compound with methyl 15,000 b

 ther (1:1) [Boron,

 trifluoro[oxybis[metane]]-, T-4-

 506-77-4 Cyanogen chloride 10,000 c

 509-14-8 Tetranitromethane [Methane, 10,000 b

 tetranitro-]

 542-88-1 Chloromethyl ether [Methane, 1,000 b

 oxybis[chloro-]

 556-64-9 Methyl thiocyanate [Thiocyanic acid, 20,000 b

 methyl ester]

 584-84-9 Toluene 2,4-diisocyanate [Benzene, 10,000 a

 2,4-diisocyanato-1-methyl-]

1

 594-42-3 Perchloromethylmercaptan 10,000 b

 [Methanesulfenyl chloride, trichloro-]

 624-83-9 Methyl isocyanate [Methane, 10,000 a, b

 isocyanato-]

 814-68-6 Acrylyl chloride [2-Propenoyl 5,000 b

 chloride]

 4170-30-3 Crotonaldehyde [2-Butenal] 20,000 b
This is a courtesy copy of this rule. All of the Department’s rules are compiled in Title 7 of the New Jersey Administrative Code.

 - 89 - Rev. 9

 7446-09-5 Sulfur dioxide (anhydrous) 5,000 a, b

 7446-11-9 Sulfur trioxide 10,000 a, b

 7550-45-0 Titanium tetrachloride [Titanium 2,500 b

 chloride (TiCl4) (T-4)-]

 7637-07-2 Boron trifluoride [Borane, trifluoro-] 5,000 b

 7647-01-0 Hydrochloric acid (conc 37% or greater) 15,000 d

 7647-01-0 Hydrogen chloride (anhydrous) 5,000 a

 [Hydrochloric acid]

 7664-39-3 Hydrogen fluoride/Hydrofluoric acid 1,000 a, b

 (conc 50% or greater) [Hydrofluoric Acid]

 7664-41-7 Ammonia (anhydrous) 10,000 a, b

 7664-41-7 Ammonia (conc 20% or greater) 20,000 a, b

 7697-37-2 Nitric acid (conc 80% or greater) 15,000 b

 7719-12-2 Phosphorus trichloride [Phosphorous 15,000 b

 trichloride]

 7726-95-6 Bromine 10,000 a, b

 7782-41-4 Fluorine 1,000 b

 7782-50-5 Chlorine 2,500 a, b

 7783-06-4 Hydrogen sulfide 10,000 a, b

 7783-07-5 Hydrogen selenide 500 b

 7783-60-0 Sulfur tetrafluoride [Sulfur fluoride 2,500 b

 (SF4), (T-4)-]

 7784-34-1 Arsenous trichloride 15,000 b

 7784-42-1 Arsine 1,000 b

 7803-51-2 Phosphine 5,000 b

 8014-95-7 Oleum (Fuming Sulfuric acid) [Sulfuric 10,000 e

 acid, mixture with sulfur trioxide]1

 10025-87-3 Phosphorus oxychloride [Phosphoryl 5,000 b

 chloride]

 10049-04-4 Chlorine dioxide [Chlorine oxide(ClO2)] 1,000 c

 10102-43-9 Nitric oxide [Nitrogen oxide (NO)] 10,000 b

 10294-34-5 Boron trichloride [Borane, trichloro-] 5,000 b

 13463-39-3 Nickel carbonyl 1,000 b

 13463-40-6 Iron, pentacarbonyl- [Iron carbonyl 2,500 b

 (Fe(CO)5), (TB-5-11)-]

 19287-45-7 Diborane 2,500 b

 26471-62-5 Toluene diisocyanate (unspecified 10,000 a

 isomer) [Benzene,

 1,3-diisocyanatomethyl-]

1

1

The mixture exemption in 68.115(b)(1) does not apply to the

substance.

Note: Basis for Listing:
This is a courtesy copy of this rule. All of the Department’s rules are compiled in Title 7 of the New Jersey Administrative Code.

 - 90 - Rev. 9

a Mandated for listing by Congress.

b On EHS list, vapor pressure 10 mmHg or greater.

c Toxic gas.

d Toxicity of hydrogen chloride, potential to release hydrogen chloride,

and history of accidents.

e Toxicity of sulfur trioxide and sulfuric acid, potential to release

sulfur trioxide, and history of accidents.
This is a courtesy copy of this rule. All of the Department’s rules are compiled in Title 7 of the New Jersey Administrative Code.

 - 91 - Rev. 9

Part C

40 CFR 68.130 Table 3 (and 4) incorporated by reference

Table I, Part C

TABLE 3 TO 68.130 - LIST OF REGULATED FLAMMABLE SUBSTANCES1 AND

THRESHOLD QUANTITIES FOR ACCIDENTAL RELEASE PREVENTION

[ALPHABETICAL ORDER - 63 SUBSTANCES]

Chemical Name CAS No. Threshold Basis for

 quantity (lbs.) listing

Acetaldehyde 75-07-0 10,000 g

Acetylene [Ethyne] 74-86-2 10,000 f

Bromotrifluorethylene [Ethene, 598-73-2 10,000 f

bromotrifluoro-]

1,3-Butadiene 106-99-0 10,000 f

Butane 106-97-8 10,000 f

1-Butene 106-98-9 10,000 f

2-Butene 107-01-7 10,000 f

Butene 25167-67-3 10,000 f

2-Butene-cis 590-18-1 10,000 f

2-Butene-trans [2-Butene, (E)] 624-64-6 10,000 f

Carbon oxysulfide [Carbon oxide 463-58-1 10,000 f

sulfide (COS)]

Chlorine monoxide [Chlorine oxide] 7791-21-1 10,000 f

2-Chloropropylene [1-Propene, 557-98-2 10,000 g

2-chloro-]

1-Chloropropylene [1-Propene, 590-21-6 10,000 g

1-chloro-]

Cyanogen [Ethanedinitrile] 460-19-5 10,000 f

Cyclopropane 75-19-4 10,000 f

Dichlorosilane [Silane, dichloro-] 4109-96-0 10,000 f

Difluoroethane [Ethane, 1,1-difluoro-] 75-37-6 10,000 f

Dimethylamine [Methanamine, N-methyl-] 124-40-3 10,000 f

2,2-Dimethylpropane [Propane, 463-82-1 10,000 f

2,2-dimethyl-]

Ethane 74-84-0 10,000 f

Ethyl acetylene [1-Butyne] 107-00-6 10,000 f

Ethylamine [Ethanamine] 75-04-7 10,000 f

Ethyl chloride [Ethane, chloro-] 75-00-3 10,000 f

Ethylene [Ethene] 74-85-1 10,000 f

Ethyl ether [Ethane, 1,1'-oxybis-] 60-29-7 10,000 g

Ethyl mercaptan [Ethanethiol] 75-08-1 10,000 g
This is a courtesy copy of this rule. All of the Department’s rules are compiled in Title 7 of the New Jersey Administrative Code.

 - 92 - Rev. 9

Ethyl nitrite [Nitrous acid, ethyl 109-95-5 10,000 f

ester]

Hydrogen 1333-74-0 10,000 f

Isobutane [Propane, 2-methyl] 75-28-5 10,000 f

Isopentane [Butane, 2-methyl-] 78-78-4 10,000 g

Isoprene [1,3-Butadiene, 2-methyl-] 78-79-5 10,000 g

Isopropylamine [2-Propanamine] 75-31-0 10,000 g

Isopropyl chloride [Propane, 75-29-6 10,000 g

2-chloro-]

Methane 74-82-8 10,000 f

Methylamine [Methanamine] 74-89-5 10,000 f

3-Methyl-1-butene 563-45-1 10,000 f

2-Methyl-1-butene 563-46-2 10,000 g

Methyl ether [Methane, oxybis-] 115-10-6 10,000 f

Methyl formate [Formic acid, methyl 107-31-3 10,000 g

ester]

2-Methylpropene [1-Propene, 2-methyl-] 115-11-7 10,000 f

1,3-Pentadiene 504-60-9 10,000 f

Pentane 109-66-0 10,000 g

1-Pentene 109-67-1 10,000 g

2-Pentene, (E)- 646-04-8 10,000 g

2-Pentene, (Z)- 627-20-3 10,000 g

Propadiene [1,2-Propadiene] 463-49-0 10,000 f

Propane 74-98-6 10,000 f

Propylene [1-Propene] 115-07-1 10,000 f

Propyne [1-Propyne] 74-99-7 10,000 f

Silane 7803-62-5 10,000 f

Tetrafluoroethylene [Ethene, 116-14-3 10,000 f

tetrafluoro-]

Tetramethylsilane [Silane, 75-76-3 10,000 g

tetramethyl-]

Trichlorosilane [Silane, trichloro-] 10025-78-2 10,000 g

Trifluorochloroethylene [Ethene, 79-38-9 10,000 f

chlorotrifluoro-]

Trimethylamine [Methanamine, 75-50-3 10,000 f

N,N-dimethyl-]

Vinyl acetylene [1-Buten-3-yne] 689-97-4 10,000 f

Vinyl chloride [Ethene, chloro-] 75-01-4 10,000 a, f

Vinyl ethyl ether [Ethene, ethoxy-] 109-92-2 10,000 g

Vinyl fluoride [Ethene, fluoro-] 75-02-5 10,000 f

Vinylidene chloride [Ethene, 75-35-4 10,000 g

1,1-dichloro-]

Vinylidene fluoride [Ethene, 75-38-7 10,000 f

1,1-difluoro-]
This is a courtesy copy of this rule. All of the Department’s rules are compiled in Title 7 of the New Jersey Administrative Code.

 - 93 - Rev. 9

Vinyl methyl ether [Ethene, methoxy-] 107-25-5 10,000 f

1 A flammable substance when used as a fuel or held for sale as a fuel at a retail facility is excluded 

from all provisions of this part (see §68.126).

Note:Basis for Listing:

a Mandated for listing by Congress.

f Flammable gas.

g Volatile flammable liquid.

TABLE 4 TO 68.130 - LIST OF REGULATED FLAMMABLE SUBSTANCES1 AND

THRESHOLD QUANTITIES FOR ACCIDENTAL RELEASE PREVENTION

[CAS NUMBER ORDER - 63 SUBSTANCES]

 

 CAS No. Chemical Name. CAS No. Threshold Basis for

quantity (lbs.) listing

 60-29-7 Ethyl ether [Ethane, 60-29-7 10,000 g

 1,1'-oxybis-]

 74-82-8 Methane 74-82-8 10,000 f

 74-84-0 Ethane 74-84-0 10,000 f

 74-85-1 Ethylene [Ethene] 74-85-1 10,000 f

 74-86-2 Acetylene [Ethyne] 74-86-2 10,000 f

 74-89-5 Methylamine [Methanamine] 74-89-5 10,000 f

 74-98-6 Propane 74-98-6 10,000 f

 74-99-7 Propyne [1-Propyne] 74-99-7 10,000 f

 75-00-3 Ethyl chloride [Ethane, 75-00-3 10,000 f

 chloro-]

 75-01-4 Vinyl chloride [Ethene, 75-01-4 10,000 a, f

 chloro-]

 75-02-5 Vinyl fluoride [Ethene, 75-02-5 10,000 f

 fluoro-]

 75-04-7 Ethylamine [Ethanamine] 75-04-7 10,000 f

 75-07-0 Acetaldehyde 75-07-0 10,000 g

 75-08-1 Ethyl mercaptan 75-08-1 10,000 g

 [Ethanethiol]

 75-19-4 Cyclopropane 75-19-4 10,000 f

 75-28-5 Isobutane [Propane, 75-28-5 10,000 f

 2-methyl]

 75-29-6 Isopropyl chloride 75-29-6 10,000 g

 [Propane, 2-chloro-]

 75-31-0 Isopropylamine 75-31-0 10,000 g

 [2-Propanamine]
This is a courtesy copy of this rule. All of the Department’s rules are compiled in Title 7 of the New Jersey Administrative Code.

 - 94 - Rev. 9

 75-35-4 Vinylidene chloride 75-35-4 10,000 g

 [Ethene, 1,1-dichloro-]

 75-37-6 Difluoroethane [Ethane, 75-37-6 10,000 f

 1,1-difluoro-]

 75-38-7 Vinylidene fluoride 75-38-7 10,000 f

 [Ethene, 1,1-difluoro-]

 75-50-3 Trimethylamine 75-50-3 10,000 f

 [Methanamine, N,N-dimethyl-]

 75-76-3 Tetramethylsilane [Silane, 75-76-3 10,000 g

 tetramethyl-]

 78-78-4 Isopentane [Butane, 78-78-4 10,000 g

 2-methyl-]

 78-79-5 Isoprene [1,3-Butadiene, 78-79-5 10,000 g

 2-methyl-]

 79-38-9 Trifluorochloroethylene 79-38-9 10,000 f

 [Ethene, chlorotrifluoro-]

 106-97-8 Butane 106-97-8 10,000 f

 106-98-9 1-Butene 106-98-9 10,000 f

 106-99-0 1,3-Butadiene 106-99-0 10,000 f

 107-00-6 Ethyl acetylene [1-Butyne] 107-00-6 10,000 f

 107-01-7 2-Butene 107-01-7 10,000 f

 107-25-5 Vinyl methyl ether [Ethene, 107-25-5 10,000 f

 methoxy-]

 107-31-3 Methyl formate [Formic 107-31-3 10,000 g

 acid, methyl ester]

 109-66-0 Pentane 109-66-0 10,000 g

 109-67-1 1-Pentene 109-67-1 10,000 g

 109-92-2 Vinyl ethyl ether [Ethene, 109-92-2 10,000 g

 ethoxy-]

 109-95-5 Ethyl nitrite [Nitrous 109-95-5 10,000 f

 acid, ethyl ester]

 115-07-1 Propylene [1-Propene] 115-07-1 10,000 f

 115-10-6 Methyl ether [Methane, 115-10-6 10,000 f

 oxybis-]

 115-11-7 2-Methylpropene , 115-11-7 10,000 f

 [1-Propene 2-methyl-]

 116-14-3 Tetrafluoroethylene 116-14-3 10,000 f

 [Ethene, tetrafluoro-]

 124-40-3 Dimethylamine , 124-40-3 10,000 f

 [Methanamine N-methyl-]

 460-19-5 Cyanogen [Ethanedinitrile] 460-19-5 10,000 f

 463-49-0 Propadiene [1,2-Propadiene] 463-49-0 10,000 f

 463-58-1 Carbon oxysulfide [Carbon 463-58-1 10,000 f

 oxide sulfide (COS)]
This is a courtesy copy of this rule. All of the Department’s rules are compiled in Title 7 of the New Jersey Administrative Code.

 - 95 - Rev. 9

 463-82-1 2,2-Dimethylpropane 463-82-1 10,000 f

 [Propane, 2,2-dimethyl-]

 504-60-9 1,3-Pentadiene 504-60-9 10,000 f

 557-98-2 2-Chloropropylene 557-98-2 10,000 g

 [1-Propene, 2-chloro-]

 563-45-1 3-Methyl-1-butene 563-45-1 10,000 f

 563-46-2 2-Methyl-1-butene 563-46-2 10,000 g

 590-18-1 2-Butene-cis 590-18-1 10,000 f

 590-21-6 1-Chloropropylene 590-21-6 10,000 g

 [1-Propene, 1-chloro-]

 598-73-2 Bromotrifluorethylene 598-73-2 10,000 f

 [Ethene, bromotrifluoro-]

 624-64-6 2-Butene-trans [2-Butene, 624-64-6 10,000 f

 (E)]

 627-20-3 2-Pentene, (Z)- 627-20-3 10,000 g

 646-04-8 2-Pentene, (E)- 646-04-8 10,000 g

 689-97-4 Vinyl acetylene 689-97-4 10,000 f

 [1-Buten-3-yne]

 1333-74-0 Hydrogen 1333-74-0 10,000 f

 4109-96-0 Dichlorosilane [Silane, 4109-96-0 10,000 f

 dichloro-]

 7791-21-1 Chlorine monoxide [Chlorine 7791-21-1 10,000 f

 oxide]

 7803-62-5 Silane 7803-62-5 10,000 f

10025-78-2 Trichlorosilane [Silane, 10025-78-2 10,000 g

 trichloro-]

25167-67-3 Butene 25167-67-3 10,000 f

1 A flammable substance when used as a fuel or held for sale as a fuel at a retail facility is excluded from all 

provisions of this part (see §68.126).

Note:Basis for listing:

a Mandated for listing by Congress.

f Flammable gas.

g Volatile flammable liquid.
This is a courtesy copy of this rule. All of the Department’s rules are compiled in Title 7 of the New Jersey Administrative Code.

 - 96 - Rev. 9

Table I, Part D, Group I

List of Individual Reactive Hazard Substances

Substance CAS # Threshold 

Quantity

(pounds)

Basis for 

Listing

1. Acetyl Peroxide 110-22-5 2,500 e

2. Butyl Hydroperoxide tertiary 75-91-2 2,500 e

3. Butyl hypochlorite tertiary 507-40-4 2,500 b

4. Calcium dithionite or Calcium hydrosulfite 15512-36-4 5,000 b

5. Chlorodinitrobenzenes 97-00-7 2,500 d, e

6. Cumene Hydroperoxide 80-15-9 2,500 e

7. Dibenzoyl peroxide 94-36-0 2,500 f

8. Diethyl Peroxide 628-37-5 2,500 e

9. Diisopropyl Peroxydicarbonate 105-64-6 2,500 e

10. Dinitro phenol, dry or wet,less than 15% water as 2,4 51-28-5 2,500 a

11. Dinitro resourcinol (wetted with not less than 15% water) 35860-51-6 2,500 a

12. Dipicryl sulfide 2217-06-3 2,500 a

13. Di-tert-butyl Peroxide 110-05-4 2,500 e

14. Divinyl Acetylene 821-08-9 2,500 e

15. Ethyl Nitrate 625-58-1 2,500 e

16. Ethyl Nitrite (solutions) 109-95-5 2,500 d, e

17. Isosorbide dinitrate 87-33-2 2,500 a

18. Magnesium diamide 7803-54-5 2,500 b

19. m-Dinitrobenzene 99-65-0 2,500 d

20. Nitroglycerine (alcohol solution) 55-63-0 2,500 e

21. Nitromethane 75-52-5 2,500 d, e

22. o-Dinitrobenzene 528-29-0 2,500 e

23. p-Dinitrobenzene 100-25-4 2,500 d

24. Peracetic acid (greater than 56% peracetic acid) 79-21-0 2,500 d, e

25. Picric acid (wet, with not less than 10% water) 88-89-1 2,500 d

26. Potassium dithionite or Potassium hydrosulfite 14293-73-3 5,000 b

27. Propargyl bromide (3-Bromopropyne) 106-96-7 2,500 d, e

28. Silver picrate wetted with not less than 30% water 146-84-9 2,500 a

29. Sodium dithionite or Sodium hydrosulfite 7775-14-6 5,000 b

30. Trinitro benzene as 1,3,5 (wetted not less than 30 % water) 99-35-4 2,500 a

Basis for listing: 

a = DOT 4.1

b = DOT 4.2

c = DOT 4.3

d = NFPA 49
This is a courtesy copy of this rule. All of the Department’s rules are compiled in Title 7 of the New Jersey Administrative Code.

 - 97 - Rev. 9

e = NFPA 325

f = NFPA 432

Table I, Part D, Group II

Reactive Hazard Substance Mixtures Functional Groups

(For Threshold Quantity Determination See N.J.A.C. 7:31-6.3(b) and N.J.A.C. 7:31-6.3(c))

Functional Group(s) Reactive Substance Class

1. -C C- Acetylenic compounds

2. -C C-M Metal acetylides

3. -C C-X Haloacetylene derivatives

Diazirines

4. CN2 Diazo compounds

5. -C-N=O

-N-N=O

Nitroso compounds

6. -C-NO2

Ar-NO2, Ar(NO2)n

C(NO2)n

O2NC-CNO2

HC[OCH2C(NO2)3]3,

C[OCH2C(NO2)3]4

Nitroalkanes, C-nitro and

Nitroaryl and Polynitroaryl compounds

Polynitroalkyl compounds

Trinitroethyl orthoesters

7. -C-O-N=O Acyl or alkyl nitrites

8. -C-O-NO2 Acyl or alkyl nitrates

9. 1,2-Epoxides

10. MC≡N→O

C=N-O-M

Metal fulminates or

aci-nitro salts, oximates

11. Fluorodinitromethyl compounds

12. -N-M N-metal derivatives 

13. -N=Hg+=N- Poly(dimercuryimmonium salts)

14. -N-NO2 N-nitro compounds

15. =N+-N-NO2 N-Azolium nitroimidates

16. -C-N=N-C- Azo compounds

17. Ar-N=N-O-R Arenediazoates

18. ArN=N-S-Ar Arenediazo aryl sulfides

19. Ar-N=N-O-N=N-Ar Bis(arenediazo) oxides

20. Ar-N=N-S-N=N-Ar Bis(arenediazo) sulfides

21.

(R=H, CN, OH, NO)

Trizenes (TCPA note: typographical error, correct spelling is “Triazines”
This is a courtesy copy of this rule. All of the Department’s rules are compiled in Title 7 of the New Jersey Administrative Code.

 - 98 - Rev. 9

Functional Group(s) Reactive Substance Class

22. -N=N-N=N- High-nitrogen compounds

Tetrazoles

23. -C-O-O-H Alkylhydroperoxides

Peroxyacids

24. -C-O-O-C- Peroxides (cyclic, diacyl, dialkyl,), peroxyesters

25. -O-O-M

EOOMOOMetal peroxides, peroxoacid salts

26. -O-O-E Peroxoacids, peroxyesters

27. H3N→Cr-OO- Amminechromium peroxocomplexes

28. -N3 Azides (acyl, halogen, nonmetal, organic) 

29. Arenediazonium oxides

30. -C-N2

+

S

- Diazonium sulfides and derivatives, “Xanthates”

31. N

+

-HZN

+EOn-

Hydrazinium salts

Oxosalts of nitrogenous bases

32. -N

+

-OH Z- Hydroxylaminium salts

33. -C-N2

+Z- Diazonium carboxylates or salts

34. [N→Metal]+ Z

- Amminemetal oxosalts

35. Ar-Metal-X

X-Ar-Metal

Halo-arylmetals

Haloarenemetal π-complexes

36. -N-X

XN3

Halogen azides

N-halogen compounds

N-haloimides

37. -N-F2

-C(NF)NF2

Difluoroamino compounds

N,N,N-trifluoroalkylamidines

38. N-O- N-O compounds

39. -O-X

XOn

-Cl-O3

ClO2

-

R-O-Cl-O3

RN+H3ClO4

-

Hypohalites

Halogen oxides

Perchloryl compounds

Chlorite salts

Alkyl perchlorates

Aminium perchlorates

40. Polymerization, alkene (vinyl) polymers and monomers thereof

41. Polymerization, polyamide polymers and monomers thereof
This is a courtesy copy of this rule. All of the Department’s rules are compiled in Title 7 of the New Jersey Administrative Code.

 - 99 - Rev. 9

Functional Group(s) Reactive Substance Class

42. Polymerization, polyester polymers and monomers thereof

43. S2O4

- - Dithionites

44. -C-Metal Organometallics

Abbreviations: Ar = aromatic (benzene); M = metal; R = organic chain; X = halogen; E = nonmetal; Z = 

anion; n = integer variable; all other abbreviations are for the element symbols from the periodic table of 

elements

Note: Not all chemical bond symbols are shown.

(b) The following conditions apply for determining whether RHSs or RHS Mixtures listed in 

Part D of Table I are subject to the requirements of this chapter.

1. Individual RHSs listed in Table I, Part D, Group I that are received, stored, and handled 

in combination with one or more other chemical substances specifically formulated to inhibit the reactive hazard 

(such as water reactivity, pyrophoric, or self-reacting) of the RHS shall not be exempt from this chapter.

2. An RHS Mixture is a combination of substances that is intentionally mixed in a process 

vessel and is capable of undergoing an exothermic chemical reaction, which produces toxic or flammable EHSs 

or energy. RHS mixtures include a reactant, product, or byproduct that is a chemical substance or a mixture of 

substances having one or more of the chemical functional groups specified in Table I, Part D, Group II. An RHS 

mixture has a heat of reaction which, by convention, is expressed as a negative value for an exothermic reaction, 

that has an absolute value greater than or equal to 100 calories per gram of RHS mixture. Non-reacting 

substances such as solvents shall not be included in the determination of the heat of reaction value of the RHS 

mixture.

3 The heat of solution or dilution shall not be considered when determining whether a 

mixture of substances is an RHS subject to this chapter.

4. RHS mixtures that are only processed in a scrubber that is operated as an air 

pollution control device in compliance with the conditions of a State permit pursuant to the Air Pollution 

Control Act, N.J.S.A. 26:2C-1 et seq. shall not be subject to this chapter.

5. The owner or operator shall determine and document the heat of reaction by using 

one of the following methods:

i. Testing the intended combination in a calorimetry test to the lower of 400 

degrees Celsius or the maximum achievable temperature in the process vessel; or

ii. A generally accepted practice such as a literature review or engineering 

calculations applicable to the RHS mixture to the lower of 400 degrees or the maximum achievable temperature 

in the process vessel.

6. The heat of reaction of an RHS mixture in a semi-batch reaction shall be determined 

assuming that all reactants are added at the same time as in a batch reaction.
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(c) Table II - Reactive Hazard Substance Mixture Threshold Quantities

- Heat of Reaction (- HR)

(calories/g )

Threshold Quantity

(Pounds)

100 - HR < 200 13,100

200 - HR < 300 8,700

300 - HR < 400 6,500

400 - HR < 500 5,200

500 - HR < 600 4,400

600 - HR < 700 3,700

700 - HR < 800 3,300

800 - HR < 900 2,900

900 - HR < 1,000 2,600

- HR ≥ 1,000 2,400
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SUBCHAPTER 7. RISK MANAGEMENT PLAN AND TCPA PROGRAM SUBMISSION

7:31-7.1 Incorporation by reference

(a) This subchapter incorporates by reference the provisions of 40 CFR 68 Subpart G, Risk 

Management Plan, including all future amendments and supplements, except as provided below. 

(b) The following provisions of 40 CFR 68 Subpart G are not incorporated by reference: 40 

CFR 68.165(a)(1) and 40 CFR 68.185(a).

(c) The following provisions of 40 CFR 68 Subpart G are incorporated by reference with the 

specified changes:

1. 40 CFR 68.150(a) Submission, add the following phrase to the end of the last sentence "for 

covered processes regulated under to 40 CFR 68."

2. 40 CFR 68.150(a) Submission, after "June 21, 1999" add the following sentence, "Submittal 

of the RMP to the Department shall be in accordance with N.J.A.C. 7:31-7.2 below."

3. 40 CFR 68.190(a) Updates, in the first sentence after "owner or operator", add "of a covered 

process regulated under 40 CFR 68".

4. 40 CFR 68.190(a) Updates, after "June 21, 1999" add the following sentence, "For all 

covered processes submittal of updates to the Department shall be in accordance with 40 CFR 

68.190(b) and N.J.A.C. 7:31-7.2."

5. 40 CFR 68.190(b) Updates, after "§ 68.150" add "with changes specified at N.J.A.C. 7:31-

7.1(c)1 and 2."

6. 40 CFR 68.190(c), after EPA, add "and the Department."

7. 40 CFR 68.150(b)(3), delete “above a threshold quantity in a process” and replace with “at 

or above a threshold quantity at the facility.”

8. 40 CFR 68.160(b)(7), in the phrase, “For each covered process, the name and CAS number 

of each regulated substance held above the threshold quantity in the process,” replace “above the 

threshold quantity in the process” with “at or above the threshold quantity at the facility”.

9. 40 CFR 68.165(a)(2), delete all references to “Program 2”. (Note: Operative March 16, 

2010)

10. Delete 40 CFR 68.170. (Note: Operative March 16, 2010)

11. 40 CFR 68.190(b)5, delete “or hazard review”. (Note: Operative March 16, 2010)

12. 40 CFR 68.195(a), delete “68.170(j)”. (Note: Operative March 16, 2010)

40 CFR 68 Subpart G--Risk Management Plan
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§68.150 Submission.

(a) The owner or operator shall submit a single RMP that includes the information required by Secs. 

68.155 through 68.185 for all covered processes. The RMP shall be submitted in a method and format to a 

central point as specified by EPA prior to June 21, 1999 as of the date of submission for covered processes 

regulated under 40 CFR 68. Submittal of the RMP to the Department shall be in accordance with N.J.A.C. 7:31-

7.2 below.

(b) The owner or operator shall submit the first RMP no later than the latest of the following dates:

(1) June 21, 1999;

(2) Three years after the date on which a regulated substance is first listed under § 68.130; or

(3) The date on which a regulated substance is first present at or above a threshold quantity at the 

facility. above a threshold quantity in a process.

(c) The owner or operator of any stationary source for which an RMP was submitted before June 

21, 2004, shall revise the RMP to include the information required by Sec. 68.160(b)(6) and (14) by June 

21, 2004 in the manner specified by EPA prior to that date. Any such submission shall also include the 

information required by Sec. 68.160(b)(20) (indicating that the submission is a correction to include the 

information required by Sec. 68.160(b)(6) and (14) or an update under Sec. 68.190).

(c)(d) Subsequent submissions of RMPs shall be in accordance with § 68.190. RMPs submitted 

under this section shall be updated and corrected in accordance with Sec. Sec. 68.190 and 68.195.

(d)(e) Notwithstanding the provisions of Secs. 68.155 to 68.190, the RMP shall exclude classified 

information. Subject to appropriate procedures to protect such information from public disclosure, classified 

data or information excluded from the RMP may be made available in a classified annex to the RMP for review 

by Federal and state representatives who have received the appropriate security clearances.

(e)(f) Procedures for asserting that information submitted in the RMP is entitled to protection as 

confidential business information are set forth in §§ 68.151 and 68.152.

§68.151 Assertion of claims of confidential business information.

(a) Except as provided in paragraph (b) of this section, an owner or operator of a stationary source 

required to report or otherwise provide information under this part may make a claim of confidential business 

information for any such information that meets the criteria set forth in 40 CFR 2.301.

(b) Notwithstanding the provisions of 40 CFR part 2, an owner or operator of a stationary source 

subject to this part may not claim as confidential business information the following information:

(1) Registration data required by § 68.160(b)(1) through (b)(6) and (b)(8), (b)(10) through (b)(13) and 

NAICS code and Program level of the process set forth in § 68.160(b)(7);

(2) Offsite consequence analysis data required by § 68.165(b)(4), (b)(9), (b)(10), (b)(11), and (b)(12);

(3) Accidental history data required by § 68.168;

(4) Prevention program data required by § 68.170(b), (d), (e)(1), (f) through (k);

(5) Prevention program data required by § 68.175(b), (d), (e)(1), (f) through (p); and

(6) Emergency response program data required by § 68.180.

(c) Notwithstanding the procedures specified in 40 CFR part 2, an owner or operator asserting a claim 

of CBI with respect to information contained in its RMP, shall submit to EPA at the time it submits the RMP the 

following:
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(1) The information claimed confidential, provided in a format to be specified by EPA;

(2) A sanitized (redacted) copy of the RMP, with the notation "CBI" substituted for the information 

claimed confidential, except that a generic category or class name shall be substituted for any chemical name or 

identity claimed confidential; and 

(3) The document or documents substantiating each claim of confidential business information, as 

described in § 68.152.

§68.152 Substantiating claims of confidential business information.

(a) An owner or operator claiming that information is confidential business information must 

substantiate that claim by providing documentation that demonstrates that the claim meets the substantive 

criteria set forth in 40 CFR 2.301.

(b) Information that is submitted as part of the substantiation may be claimed confidential by marking it 

as confidential business information. Information not so marked will be treated as public and may be disclosed 

without notice to the submitter. If information that is submitted as part of the substantiation is claimed 

confidential, the owner or operator must provide a sanitized and unsanitized version of the substantiation.

(c) The owner, operator, or senior official with management responsibility of the stationary source shall 

sign a certification that the signer has personally examined the information submitted and that based on inquiry 

of the persons who compiled the information, the information is true, accurate, and complete, and that those 

portions of the substantiation claimed as confidential business information would, if disclosed, reveal trade 

secrets or other confidential business information.

§68.155 Executive summary.

The owner or operator shall provide in the RMP an executive summary that includes a brief description 

of the following elements:

(a) The accidental release prevention and emergency response policies at the stationary source;

(b) The stationary source and regulated substances handled;

(c) The worst-case release scenario(s) and the alternative release scenario(s), including administrative 

controls and mitigation measures to limit the distances for each reported scenario;

(d)(c) The general accidental release prevention program and chemical specific prevention steps;

(e)(d) The five-year accident history;

(f)(e) The emergency response program; and

(g)(f) Planned changes to improve safety.

§68.160 Registration.

(a) The owner or operator shall complete a single registration form and include it in the RMP. The form 

shall cover all regulated substances handled in covered processes.

(b) The registration shall include the following data:

(1) Stationary source name, street, city, county, state, zip code, latitude and longitude, method for 

obtaining latitude and longitude, and description of location that latitude and longitude represent;

(2) The stationary source Dun and Bradstreet number;

(3) Name and Dun and Bradstreet number of the corporate parent company;
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(4) The name, telephone number, and mailing address of the owner or operator;

 (5) The name and title of the person or position with overall responsibility for RMP elements and 

implementation, and (optional) the e-mail address for that person or position;

 (6) The name, title, telephone number, and 24-hour telephone number, and, as of June 21, 2004, 

the e-mail address (if an e-mail address exists) of the emergency contact;

(7) For each covered process, the name and CAS number of each regulated substance held at or above 

the threshold quantity at the facility above the threshold quantity in the process, the maximum quantity of each 

regulated substance or mixture in the process (in pounds) to two significant digits, the five- or six-digit NAICS 

code that most closely corresponds to the process, and the Program level of the process;

(8) The stationary source EPA identifier;

(9) The number of full-time employees at the stationary source;

(10) Whether the stationary source is subject to 29 CFR 1910.119;

(11) Whether the stationary source is subject to 40 CFR part 355;

(12) If the stationary source has a CAA Title V operating permit, the permit number; and

(13) The date of the last safety inspection of the stationary source by a Federal, state, or local 

government agency and the identity of the inspecting entity.

(14) As of June 21, 2004, the name, the mailing address, and the telephone number of the 

contractor who prepared the RMP (if any);

(14)(15) Source or Parent Company E-mail Address (Optional);

(15)(16) Source Homepage address (Optional)

(16)(17) Phone number at the source for public inquiries (Optional);

(17)(18) Local Emergency Planning Committee (Optional);

(18)(19) OSHA Voluntary Protection Program status (Optional);

(20) As of June 21, 2004, the type of and reason for any changes being made to a previously 

submitted RMP; the types of changes to RMP are categorized as follows:

(i) Updates and re-submissions required under Sec. 68.190(b);

(ii) Corrections under Sec. 68.195 or for purposes of correcting minor clerical errors, updating 

administrative information, providing missing data elements or reflecting facility ownership changes, 

and which do not require an update and re-submission as specified in Sec. 68.190(b);

(iii) De-registrations required under Sec. 68.190(c); and

(iv) Withdrawals of an RMP for any facility that was erroneously considered subject to this part 

68.

§68.165 Offsite consequence analysis.

(a) The owner or operator shall submit in the RMP information:

(1) One worst-case release scenario for each Program 1 process; and

(2) For Program 2 and 3 processes, one worst-case release scenario to represent all regulated toxic 

substances held above the threshold quantity and one worst-case release scenario to represent all regulated 

flammable substances held above the threshold quantity. If additional worst-case scenarios for toxics or 

flammables are required by § 68.25(a)(2)(iii), the owner or operator shall submit the same information on the 

additional scenario(s). The owner or operator of Program 2 and 3 processes shall also submit information on 

one alternative release scenario for each regulated toxic substance held above the threshold quantity and one 

alternative release scenario to represent all regulated flammable substances held above the threshold quantity.
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(b) The owner or operator shall submit the following data:

(1) Chemical name;

(2) Percentage weight of the chemical in a liquid mixture (toxics only);

(3) Physical state (toxics only);

(4) Basis of results (give model name if used);

(5) Scenario (explosion, fire, toxic gas release, or liquid spill and vaporization);

(6) Quantity released in pounds;

(7) Release rate;

(8) Release duration;

(9) Wind speed and atmospheric stability class (toxics only);

(10) Topography (toxics only);

(11) Distance to endpoint;

(12) Public and environmental receptors within the distance;

(13) Passive mitigation considered; and

(14) Active mitigation considered (alternative releases only);

§68.168 Five-year accident history.

The owner or operator shall submit in the RMP the information provided in § 68.42(b) on each accident 

covered by § 68.42(a).

§68.170 Prevention program/Program 2.

(a) For each Program 2 process, the owner or operator shall provide in the RMP the information 

indicated in paragraphs (b) through (k) of this section. If the same information applies to more than one covered 

process, the owner or operator may provide the information only once, but shall indicate to which processes the 

information applies.

(b) The five- or six-digit NAICS code that most closely corresponds to the process.

(c) The name(s) of the chemical(s) covered.

(d) The date of the most recent review or revision of the safety information and a list of Federal or state 

regulations or industry specific design codes and standards used to demonstrate compliance with the safety 

information requirement.

(e) The date of completion of the most recent hazard review or update.

(1) The expected date of completion of any changes resulting from the hazard review;

(2) Major hazards identified;

(3) Process controls in use;

(4) Mitigation systems in use;

(5) Monitoring and detection systems in use; and

(6) Changes since the last hazard review.

(f) The date of the most recent review or revision of operating procedures.

(g) The date of the most recent review or revision of training programs;

(1) The type of training provided--classroom, classroom plus on the job, on the job; and

(2) The type of competency testing used.

(h) The date of the most recent review or revision of maintenance procedures and the date of the most 
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recent equipment inspection or test and the equipment inspected or tested.

(i) The date of the most recent compliance audit and the expected date of completion of any changes 

resulting from the compliance audit.

(j) The date of the most recent incident investigation and the expected date of completion of any changes 

resulting from the investigation.

(k) The date of the most recent change that triggered a review or revision of safety information, the 

hazard review, operating or maintenance procedures, or training.

§68.175 Prevention program/Program 3.

(a) For each Program 3 process, the owner or operator shall provide the information indicated in 

paragraphs (b) through (p) of this section. If the same information applies to more than one covered process, the 

owner or operator may provide the information only once, but shall indicate to which processes the information 

applies.

(b) The five- or six-digit NAICS code that most closely corresponds to the process.

(c) The name(s) of the substance(s) covered.

(d) The date on which the safety information was last reviewed or revised.

(e) The date of completion of the most recent PHA or update and the technique used.

(1) The expected date of completion of any changes resulting from the PHA;

(2) Major hazards identified;

(3) Process controls in use;

(4) Mitigation systems in use;

(5) Monitoring and detection systems in use; and

(6) Changes since the last PHA.

(f) The date of the most recent review or revision of operating procedures.

(g) The date of the most recent review or revision of training programs;

(1) The type of training provided--classroom, classroom plus on the job, on the job; and

(2) The type of competency testing used.

(h) The date of the most recent review or revision of maintenance procedures and the date of the most 

recent equipment inspection or test and the equipment inspected or tested.

(i) The date of the most recent change that triggered management of change procedures and the date of 

the most recent review or revision of management of change procedures.

(j) The date of the most recent pre-startup review.

(k) The date of the most recent compliance audit and the expected date of completion of any changes 

resulting from the compliance audit;

(l) The date of the most recent incident investigation and the expected date of completion of any changes 

resulting from the investigation;

(m) The date of the most recent review or revision of employee participation plans;

(n) The date of the most recent review or revision of hot work permit procedures;

(o) The date of the most recent review or revision of contractor safety procedures; and

(p) The date of the most recent evaluation of contractor safety performance.

§68.180 Emergency response program.
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(a) The owner or operator shall provide in the RMP the following information:

(1) Do you have a written emergency response plan?

(2) Does the plan include specific actions to be taken in response to an accidental releases of a 

regulated substance?

(3) Does the plan include procedures for informing the public and local agencies responsible for 

responding to accidental releases?

(4) Does the plan include information on emergency health care?

(5) The date of the most recent review or update of the emergency response plan;

(6) The date of the most recent emergency response training for employees.

(b) The owner or operator shall provide the name and telephone number of the local agency with which 

emergency response activities and the emergency response plan is coordinated.

(c) The owner or operator shall list other Federal or state emergency plan requirements to which the 

stationary source is subject.

§68.185 Certification.

(a) For Program 1 processes, the owner or operator shall submit in the RMP the certification statement 

provided in § 68.12(b)(4).

(b) For all other covered processes, the owner or operator shall submit in the RMP a single certification 

that, to the best of the signer's knowledge, information, and belief formed after reasonable inquiry, the 

information submitted is true, accurate, and complete.

§68.190 Updates.

(a) The owner or operator of a covered process regulated under 40 CFR 68 shall review and update the 

RMP as specified in paragraph (b) of this section and submit it in a method and format to a central point 

specified by EPA prior to June 21, 1999 as of the date of submission. For all covered processes submittal of 

updates to the Department shall be in accordance with 40 CFR 68.190(b) and N.J.A.C. 7:31-7.2.

(b) The owner or operator of a stationary source shall revise and update the RMP submitted under 

§68.150 with changes specified at N.J.A.C. 7:31-7.1(c)1 and 2 as follows:

(1) Within five years of its initial submission or most recent update required by paragraphs (b)(2) 

through (b)(7) of this section, whichever is later. At least once every five years from the date of its initial 

submission or most recent update required by paragraphs (b)(2) through (b)(7) of this section, whichever 

is later. For purposes of determining the date of initial submissions, RMPs submitted before June 21, 

1999 are considered to have been submitted on that date.

(2) No later than three years after a newly regulated substance is first listed by EPA;

(3) No later than the date on which a new regulated substance is first present in an already covered 

process above a threshold quantity;

(4) No later than the date on which a regulated substance is first present above a threshold quantity in a 

new process;

(5) Within six months of a change that requires a revised PHA or hazard review;

(6) Within six months of a change that requires a revised offsite consequence analysis as provided in § 

68.36; and

(7) Within six months of a change that alters the Program level that applied to any covered process.
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(c) If a stationary source is no longer subject to this part, the owner or operator shall submit a revised 

registration deregistration to EPA and the Department within six months indicating that the stationary source is 

no longer covered.

§68.195 Required corrections.

The owner or operator of a stationary source for which a RMP was submitted shall correct the 

RMP as follows:

(a) New accident history information--For any accidental release meeting the five-year accident 

history reporting criteria of Sec. 68.42 and occurring after April 9, 2004, the owner or operator shall 

submit the data required under Sec. Sec. 68.168, 68.170(j), and 68.175(l) with respect to that accident 

within six months of the release or by the time the RMP is updated under Sec. 68.190, whichever is 

earlier.

(b) Emergency contact information--Beginning June 21, 2004, within one month of any change in 

the emergency contact information required under Sec. 68.160(b)(6), the owner or operator shall submit a 

correction of that information.

Additional New Jersey Requirements

7:31-7.2 TCPA Risk Management Plan submission and updates

(a) All owners or operators shall submit the following to the Department in a format to be specified:

1. All documents required by 40 CFR 68.150 with changes specified at N.J.A.C. 7:31-

7.1(c)1-2.; and

2. The following supplemental TCPA program information: 

i. Identification of the position titles, expertise and affiliation of the persons 

involved with the development of each element of the risk management program; 

ii. A description and profile of the area in which the covered process is situated, 

including its proximity to population and water supplies;

iii. Identification of insurance carriers underwriting the stationary source's 

environmental liability and workers compensation insurance policies including the address of the carrier, the 

type of policy, the amount of insurance and limitations or exclusions to the policy; and

iv. Identification of the extraordinarily hazardous substances inventory at the

covered process as end products, intermediate products, by-products or waste products.

3. The owner or operator shall identify and register each covered process having an 

individual RHS or an RHS mixture and provide the following information in the RMP registration section 

pursuant to 40 CFR 68.160(b)(7) incorporated at N.J.A.C. 7:31-7.1(a):

i. For each individual RHS listed at N.J.A.C. 7:31-6.3(a), Table I, Part D, Group I, 

the owner or operator shall register the total amount of the individual RHS in the covered process.

ii. For each regulated RHS mixture identified pursuant to N.J.A.C. 7:31-6.3, the 
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owner or operator shall register the maximum capacity of the process vessel containing the RHS mixture. 

Administrative controls that limit the maximum quantity in the process vessel shall not be taken into account. 

For a covered process that has multiple process vessels containing an RHS mixture at or above the threshold 

quantity, the owner or operator shall register the total combined capacity of the process vessels.

iii. For RHS mixtures, the heat of reaction range in calories/gram as listed at Table 

II of N.J.A.C. 7:31-6.3(c). If more than one RHS mixture is present in the process vessel at different times, the 

owner or operator shall register the RHS mixture having the highest heat of reaction range as shown on Table II.

iv. For RHS mixtures containing one or more EHS(s) listed in Parts A, B, or C of 

N.J.A.C. 7:31-6.3(a) Table I, at or above the threshold quantity at the facility, an owner or operator shall register 

the EHS listed on Part A, B, or C as a toxic or flammable substance, as applicable, and the RHS mixture. 

(b) In addition to the updates required by N.J.A.C. 7:31-7.1(c)3 through 5, all owners or 

operators shall submit a correction to the Department within 60 days of an increase in maximum inventory 

of a covered process.

(c) The owner or operator shall submit to the Department a Risk Management Plan correction 

within one month of a change in the qualified person or position.

7:31-7.3 Risk management program and RMP - initial evaluation

(a) All RMPs submitted in accordance with this subchapter shall be reviewed by the Department to 

determine if they comply with the requirements of 40 CFR 68.150-185 with changes specified at N.J.A.C. 7:31-

7.1(c)1-2 and N.J.A.C. 7:31-7.2.

(b) The RMPs and risk management programs of owners or operators that have an existing approved 

risk management program at their stationary source shall be audited or inspected in accordance with N.J.A.C. 

7:31-8 for the covered processes that are already part of the approved risk management program and also for the 

newly regulated covered processes.

(c) The RMPs of owners or operators that do not have an approved risk management program at 

their facility shall be reviewed by the Department to determine whether the facility has an established risk 

management program. Owners or operators that have at least one process hazard analysis (for Program 3 

covered processes) shall be determined to have an established risk management program and shall be notified 

and audited or inspected in accordance with N.J.A.C. 7:31-8.

(d) Approval of the risk management program for owners or operators who are audited pursuant to 

(c) above shall be the signing of the consent agreement or implementation of corrective actions required by the 

administrative order issued pursuant to N.J.A.C. 7:31-8.1(c)9.

(e) Owners or operators that do not have an approved risk management program at their facility and 

that the Department determines do not have an established risk management program shall be notified that they 
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are subject to workplan in accordance with N.J.A.C. 7:31-9.

7:31-7.4 Transfer of risk management program

(a) In the event of the transfer of the covered process to a new owner or operator, change in 

ownership or the name of an owner or operator, the new owner or operator shall, before operating EHS 

equipment, adopt the existing, or obtain a new, approved TCPA Risk Management Program for the covered 

process.

(b) A new owner or operator shall adopt an existing approved TCPA Risk Management Program by 

submitting an updated registration in accordance with this subchapter and signing an addendum to the consent 

agreement that was previously signed by the Department and the former owner or operator.

7:31-7.5 Schedule for risk management program implementation

(a) Owners or operators having an approved risk management program shall comply with their 

approved risk management program for EHSs listed in N.J.A.C. 7;31-6.3, Table I, Parts A, B, C, or D until the 

risk management program is revised to reflect the new requirements of this chapter, which shall be no later than 

March 16, 2010.

(b) All owners or operators of facilities having listed EHSs on N.JA.C. 7:31-6.3(a), Table I, Part 

D, at or above threshold quantities, shall be in compliance with this chapter by September 30, 2004 except that 

all owners or operators having as of March 16, 2009 reactive hazard substance mixtures subject to this chapter 

with functional group number 44 on N.J.A.C. 7:31-6.3(a), Table 1, Part D, Group II, and all owners or operators 

having, as of March 16, 2009, reactive hazardous substance mixtures subject to this chapter based on the 

calculation of the heat of reaction of the RHS mixture excluding solvents under N.J.A.C. 7:31-6.3(b)2, at or 

above threshold quantities shall be in compliance with this chapter no later than March 16, 2010.. 

(c) Owners or operators planning to put into EHS service a new covered process for an EHS listed 

in N.J.A.C. 7:31-6.3, Table I, Parts A, B, and/or C shall comply with N.J.A.C. 7:31-4.11 for Program 3 covered 

processes.

(d) Owners or operators planning to put into EHS service a new covered process for an EHS 

listed in N.J.A.C. 7:31-6.3, Table I, Part D on or after September 30, 2004, shall comply with N.J.A.C. 

7:31-4.11 for Program 3 covered processes.

(e) Owners or operators of facilities having propane (CAS No. 74-98-6), propylene (CAS No. 115-

07-1), butanes (normal butane (CAS No. 106-97-8) or isobutane (CAS No. 75-28-5), or butylenes (1-butene 

(CAS No. 106-98-9), 2-butene (CAS No. 107-01-7), butene (CAS No. 25167-67-3), 2-butene-cis (CAS No. 

590-18-1), 2-butene-trans (CAS No. 624-64-6), and 2-methylpropene (CAS No. 115-11-7)) listed at 

N.J.A.C. 7:31-6.3(a), at Table I, Part C , at or above threshold quantities shall be in compliance with this 

chapter no later than March 16, 2010. 

 
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(f) Owners or operators of facilities having individual RHSs listed in Table 1, Part D, Group I, that are 

received, stored and handled in combination with one or more other chemical substances specifically formulated 

to inhibit the reactive hazard (such as water reactivity, pyrophoric, or self-reacting) where the RHS is at or above 

the threshold quantity shall be in compliance with this chapter no later than March 16, 2010.

(g) As of March 16, 2009, owners or operators having an approved risk management program for EHSs 

listed in N.J.A.C. 7:31-6.3, Table I, Parts A, B, C, or D shall comply with the process hazard analysis with risk 

assessment requirements of 40 CFR 68.67 with changes specified at N.J.A.C. 7:31-4.1(c) and 4.2. 

 

(h) All owners or operators that, as of March 16, 2009, are subject to this chapter based on the threshold 

quantity at the facility as provided at 40 CFR 68.10 with changes specified at N.J.A.C. 7:31-1.1(c)3 shall be in 

compliance with this chapter no later than March 16, 2010.
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SUBCHAPTER 8. OTHER FEDERAL REQUIREMENTS 

7:31-8.1 Incorporation by reference

(a) This subchapter incorporates by reference 40 CFR Part 68 Subpart H, Other requirements, 

including all future amendments and supplements, except as provided below.

(b) The following provisions of 40 CFR Part 68 Subpart H are not incorporated by reference: 40 

CFR 68.210 Availability of information to the public, and 40 CFR 68.215 Permit content and air 

permitting authority or designated agency requirements.

(c) The following provisions are incorporated by reference with the specified changes:

1. 40 CFR 68.200 Recordkeeping replace “part” with “Chapter” and replace “Subpart D of this 

part” with “N.J.A.C. 7:31- 4 and as follows: mechanical integrity/preventive maintenance records for 

the lifetime of EHS equipment, design safety review reports for the lifetime of a covered process, and 

hot work permits until they are reviewed in the next Department audit or inspection."

2. 40 CFR 69.220 Audits, replace "implementing agency" with "the Department" and replace 

"Subpart G of this part" with "N.J.A.C. 7:31-7" in all occurrences of this section.

3. 40 CFR 68.220(a) delete the Federal requirement and replace with “The Department shall 

periodically audit or inspect risk management programs and RMPs to review their adequacy and 

require revisions when necessary to ensure compliance with N.J.A.C. 7:31 and the Act.

4. (Reserved.)

5. 40 CFR 68.220(d) at the end of the sentence, add the phrase "in accordance with N.J.A.C. 

7:31-8.2."

6. 40 CFR 68.220(e) replace the first sentence with "Based on the audit, the Department shall 

issue the owner or operator of a facility a written preliminary determination of material deficiencies 

and necessary revisions to the owner or operator's RMP and risk management program for the facility

to ensure that the RMP and the risk management program meet the criteria of N.J.A.C. 7:31.

7. 40 CFR 68.220(f) change the introductory clause from "Written response to a preliminary 

determination" to "In response to a preliminary determination:".

8. 40 CFR 68.220(f)(2) replace this provision with "The written response under paragraph 

(f)(1) of this section shall be received by the Department within 60 days of the issue of the preliminary 

determination."

9. 40 CFR 68.220(g) replace this provision with "If the Department and owner or operator 

reach agreement on the RMP and risk management program, the owner or operator shall enter into a 

consent agreement (or consent agreement addendum for previously approved risk management 

programs) with the Department and shall comply with the requirements of the approved risk 

management program as set forth in the consent agreement or consent agreement addendum. The 

consent agreement or consent agreement addendum shall be signed by the owner or operator or his/her 
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representative and by the Chief of the Bureau of Chemical Release Information and Prevention or 

his/her supervisor. If the owner or operator has not signed a consent agreement or consent agreement 

addendum within 120 days of receipt of the preliminary determination, the Department shall prepare 

and send an administrative order. The administrative order may adopt or modify the revisions 

contained in the preliminary determination under 40 CFR 68.220(e) with changes specified at N.J.A.C. 

7:31-8.1(c)6 or may modify the substitute revisions provided in the response under 40 CFR 68.220(f)

with changes specified at N.J.A.C. 7:31-8.1(c)7-8. An administrative order that adopts a revision 

rejected by the owner or operator shall include an explanation of the basis for the revision. An 

administrative order that fails to adopt a substitute revision provided under 40 CFR 68.220(f) with 

changes specified at N.J.A.C. 7:31-8.1(c) 7-8 shall include an explanation of the basis for finding such 

substitute revision unreasonable. In the administrative order, the Department shall advise the owner or 

operator of his/her right to an adjudicatory hearing pursuant to N.J.A.C. 7:31-11.3(b)."

10. 40 CFR 68.220(h) delete "final determination" and replace with "consent agreement or 

consent agreement addendum or administrative order" at all occurrences.

11. 40 CFR 68.220(i) replace "final determinations" with "consent agreements or consent 

agreement addenda or administrative orders" and "§ 68.210 of this part" with " N.J.S.A. 47:1A-1 et 

seq."

12. 40 CFR 68.220(j) replace "EPA or the state" with "the Department" and "part under the 

Act" with "chapter."

40 CFR 68 Subpart H--Other Requirements

§68.200 Recordkeeping.

The owner or operator shall maintain records supporting the implementation of this Chapter part for 

five years unless otherwise provided in Subpart D of this part N.J.A.C. 7:31-4 and as follows: mechanical 

integrity/preventive maintenance records for the lifetime of EHS equipment, design safety review reports for the 

lifetime of a covered process, and hot work permits until they are reviewed in the next Department audit or 

inspection.

§68.210 Availability of information to the public.

(a) The RMP required under subpart G of this part shall be available to the public under 42 U.S.C. 

7414(c).

(b) The disclosure of classified information by the Department of Defense or other Federal agencies or 

contractors of such agencies shall be controlled by applicable laws, regulations, or executive orders concerning 

the release of classified information.

§68.215 Permit content and air permitting authority or designated agency requirements.
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(a) These requirements apply to any stationary source subject to this part 68 and parts 70 or 71 of this 

Chapter. The 40 CFR part 70 or part 71 permit for the stationary source shall contain:

(1) A statement listing this part as an applicable requirement;

(2) Conditions that require the source owner or operator to submit:

(i) A compliance schedule for meeting the requirements of this part by the date provided in § 68.10(a) 

or;

(ii) As part of the compliance certification submitted under 40 CFR 70.6(c)(5), a certification statement 

that the source is in compliance with all requirements of this part, including the registration and submission of 

the RMP.

(b) The owner or operator shall submit any additional relevant information requested by the air 

permitting authority or designated agency.

(c) For 40 CFR part 70 or part 71 permits issued prior to the deadline for registering and submitting the 

RMP and which do not contain permit conditions described in paragraph (a) of this section, the owner or 

operator or air permitting authority shall initiate permit revision or reopening according to the procedures of 40 

CFR 70.7 or 71.7 to incorporate the terms and conditions consistent with paragraph (a) of this section.

(d) The state may delegate the authority to implement and enforce the requirements of paragraph (e) of 

this section to a state or local agency or agencies other than the air permitting authority. An up-todate copy of 

any delegation instrument shall be maintained by the air permitting authority. The state may enter a written 

agreement with the Administrator under which EPA will implement and enforce the requirements of paragraph 

(e) of this section.

(e) The air permitting authority or the agency designated by delegation or agreement under paragraph 

(d) of this section shall, at a minimum:

(1) Verify that the source owner or operator has registered and submitted an RMP or a revised plan 

when required by this part;

(2) Verify that the source owner or operator has submitted a source certification or in its absence has 

submitted a compliance schedule consistent with paragraph (a)(2) of this section;

(3) For some or all of the sources subject to this section, use one or more mechanisms such as, but not 

limited to, a completeness check, source audits, record reviews, or facility inspections to ensure that permitted 

sources are in compliance with the requirements of this part; and

(4) Initiate enforcement action based on paragraphs (e)(1) and (e)(2) of this section as appropriate.

§68.220 Audits.

(a) In addition to inspections for the purpose of regulatory development and enforcement of the Act, the 

implementing agency shall periodically audit RMPs submitted under subpart G of this part to review the 

adequacy of such RMPs and require revisions of RMPs when necessary to ensure compliance with subpart G of 

this part The Department shall periodically audit or inspect risk management programs and RMPs to review 

their adequacy and require revisions when necessary to ensure compliance with N.J.A.C. 7:31 and the Act.

(b) The implementing agency the Department shall select stationary sources for audits based on any of 

the following criteria:

(1) Accident history of the stationary source;

(2) Accident history of other stationary sources in the same industry;

(3) Quantity of regulated substances present at the stationary source;

(4) Location of the stationary source and its proximity to the public and environmental receptors;
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(5) The presence of specific regulated substances;

(6) The hazards identified in the RMP; and

(7) A plan providing for neutral, random oversight.

(c) Exemption from audits. A stationary source with a Star or Merit ranking under OSHA's voluntary 

protection program shall be exempt from audits under paragraph (b)(2) and (b)(7) of this section.

(d) The implementing agency the Department shall have access to the stationary source, supporting 

documentation, and any area where an accidental release could occur in accordance with N.J.A.C. 7:31-8.2.

(e) Based on the audit, the implementing agency may issue the owner or operator of a stationary source 

a written preliminary determination of necessary revisions to the stationary source's RMP to ensure that the 

RMP meets the criteria of subpart G of this part. Based on the audit, the Department shall issue the owner or 

operator of a facility a written preliminary determination of material deficiencies and necessary revisions to the 

owner or operator's RMP and risk management program for the facility to ensure that the RMP and the risk 

management program meet the criteria of N.J.A.C. 7:31. The preliminary determination shall include an 

explanation for the basis for the revisions, reflecting industry standards and guidelines (such as AIChE/CCPS 

guidelines and ASME and API standards) to the extent that such standards and guidelines are applicable, and 

shall include a timetable for their implementation.

(f) Written response to a preliminary determination. In response to a preliminary determination:

(1) The owner or operator shall respond in writing to a preliminary determination made in accordance 

with paragraph (e) of this section. The response shall state the owner or operator will implement the revisions 

contained in the preliminary determination in accordance with the timetable included in the preliminary 

determination or shall state that the owner or operator rejects the revisions in whole or in part. For each 

rejected revision, the owner or operator shall explain the basis for rejecting such revision. Such explanation may 

include substitute revisions.

(2) The written response under paragraph (f)(1) of this section shall be received by the implementing 

agency within 90 days of the issue of the preliminary determination or a shorter period of time as the 

implementing agency specifies in the preliminary determination as necessary to protect public health and the 

environment. Prior to the written response being due and upon written request from the owner or operator, the 

implementing agency may provide in writing additional time for the response to be received. The written 

response under paragraph (f)(1) of this section shall be received by the Department within 60 days of the issue 

of the preliminary determination.

(g) After providing the owner or operator an opportunity to respond under paragraph (f) of this section, 

the implementing agency may issue the owner or operator a written final determination of necessary revisions to 

the stationary source's RMP. The final determination may adopt or modify the revisions contained in the 

preliminary determination under paragraph (e) of this section or may adopt or modify the substitute revisions 

provided in the response under paragraph (f) of this section. A final determination that adopts a revision 

rejected by the owner or operator shall include an explanation of the basis for the revision. A final 

determination that fails to adopt a substitute revision provided under paragraph (f) of this section shall include 

an explanation of the basis for finding such substitute revision unreasonable. If the Department and owner or 

operator reach agreement on the RMP and risk management program, the owner or operator shall enter into a 

consent agreement (or consent agreement addendum for previously approved risk management programs) with 

the Department and shall comply with the requirements of the approved risk management program as set forth in 

the consent agreement or consent agreement addendum. The consent agreement or consent agreement 

addendum shall be signed by the owner or operator or his/her representative and by the Chief of the Bureau of 

Chemical Release Information and Prevention or his/her supervisor. If the owner or operator has not signed a 
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consent agreement or consent agreement addendum within 120 days of receipt of the preliminary determination, 

the Department shall prepare and send an administrative order. The administrative order may adopt or modify 

the revisions contained in the preliminary determination under 40 CFR 68.220(e) with changes specified at 

N.J.A.C. 7:31-8.1(c)6 or may modify the substitute revisions provided in the response under 40 CFR 68.220(f) 

with changes specified at N.J.A.C. 7:31-8.1(c)7-8. An administrative order that adopts a revision rejected by the 

owner or operator shall include an explanation of the basis for the revision. An administrative order that fails to 

adopt a substitute revision provided under 40 CFR 68.220(f) with changes specified at N.J.A.C. 7:31-8.1(c)7-8 

shall include an explanation of the basis for finding such substitute revision unreasonable. In the administrative 

order, the Department shall advise the owner or operator of his/her right to an adjudicatory hearing pursuant to 

N.J.A.C. 7:31-11.3(b).

(h) Thirty days after completion of the actions detailed in the implementation schedule set in the final 

determination consent agreement or consent agreement addendum or administrative order under paragraph (g) 

of this section, the owner or operator shall be in violation of subpart G of this part N.J.A.C. 7:31-7 and this 

section unless the owner or operator revises the RMP prepared under subpart G of this part N.J.A.C. 7:31-7 as 

required by the final determination consent agreement or consent agreement addendum or administrative order, 

and submits the revised RMP as required under § 68.150.

(i) The public shall have access to the preliminary determinations, responses, and final determinations

consent agreements or consent agreement addenda or administrative orders under this section in a manner 

consistent with § 68.210 N.J.S.A. 47:1A.

(j) Nothing in this section shall preclude, limit, or interfere in any way with the authority of EPA or the 

state the Department to exercise its enforcement, investigatory, and information gathering authorities 

concerning this part under the Act chapter.

 

Additional New Jersey Requirements

7:31-8.2 Audits and inspections

(a) The Department shall have the right to enter and inspect and/or audit any facility, building or 

equipment, or any portion thereof, at any time, in order to determine compliance with the TCPA, this chapter, or 

any order or consent order or agreement. Such right shall include, but not be limited to, the right to test or 

sample any materials at the facility, to sketch or photograph any portion of the facility, building or equipment, to 

copy or photograph any document or records necessary to determine such compliance or non-compliance, and to 

interview any employees or representatives of the owner or operator. Such right shall be absolute except for 

those parts or portions of any materials, equipment, documents and records which contain either privileged trade 

secret or security information or confidential information for which the owner or operator has submitted a 

petition in accordance with N.J.A.C. 7:31-10.6, or claim in accordance with N.J.A.C. 7:31-10.4, and which 

petition or claim has not been denied by the Department. Those parts or portions of any materials, equipment, 

documents and records containing privileged trade secret or security information shall be treated as provided in 

(b)1 below, and those parts or portions containing confidential information shall be treated as provided in (b)2 

below. Such right of inspection and audit shall not be conditioned upon any action by the Department, except 

the presentation of appropriate credentials as requested. Owners, operators, employees, and representatives shall 

not hinder or delay, and shall, upon request, assist the Department in the performance of all aspects of any 

inspection or audit.
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(b) At the beginning of an inspection and/or audit by the Department, an owner or operator may 

identify those materials, equipment, documents and records at the stationary source which contain either 

privileged trade secret or security information or confidential information for which an appropriate petition or 

claim has been asserted and which has not been denied by the Department.

1. Those parts or portions of any materials, equipment, documents and records at the 

stationary source which contain privileged trade secret or security information need not be disclosed to or 

submitted to the Department. Any such materials, areas, documents or records disclosed to or submitted to the 

Department during an inspection shall not be entitled to be treated as privileged trade secret or security 

information thereafter. The fact that such trade secret or security information has been disclosed, or submitted, 

to the Department shall not prohibit the owner or operator from asserting a confidentiality claim concerning such 

information.

2. Those parts or portions of any materials, equipment, documents and records at the site 

which contain confidential information shall be disclosed to or submitted to the Department during an 

inspection, including all negatives and prints of photographs, and shall be labeled "confidential". In order to 

assert a confidentiality claim, a properly completed claim form must be submitted to the Department at the same 

time any such confidential information is submitted or disclosed to the Department. These materials, equipment, 

documents and records shall not be disclosed by the Department to other persons except in accordance with the 

provisions of this chapter.

(c) The Department may require submittal of any risk management program document for 

review.

1. The owner or operator shall include the following certification with any risk management 

program document required to be submitted:

“I certify under penalty of law that I have personally examined and am familiar with the information 

submitted in this document and all attachments and that, based on my inquiry of those individuals 

immediately responsible for obtaining the information, I believe that the information is true, accurate, and 

complete. I am aware that there are significant civil and criminal penalties, including the possibility of fines 

or imprisonment or both, for submitting false, inaccurate or incomplete information."

2. The certification shall be signed by the qualified person or position specified in the owner or 

operator’s RMP, or person of higher authority for the owner or operator.

(d) Within a reasonable time after an audit, the owner or operator shall be furnished with a 

preliminary determination of material deficiencies and necessary revisions to the risk management program 

and RMP in accordance with 40 CFR 68.220(e) with changes specified at N.J.A.C. 7:31-8.1(c).

(e) The owner or operator shall make all documentation required pursuant to this chapter readily 

accessible for review by the Department during an audit or inspection.
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SUBCHAPTER 9. WORK PLAN/EHSARA

7:31-9.1 Work plan preparation

(a) An owner or operator who does not have an established risk management program as determined by 

the Department pursuant to N.J.A.C. 7:31-7.3 shall assist the Department in developing a work plan to perform 

an Extraordinarily Hazardous Substance Accident Risk Assessment (EHSARA) and develop a risk reduction 

plan.

(b) The work plan shall consist of the facility data and the detailed scope of work necessary to 

perform an EHSARA. The EHSARA will result in a recommended risk reduction plan that will include any 

deficiencies that when corrected will result in an approved risk management program.

(c) An owner or operator assisting the Department in the development of the required work plan 

shall compile and submit to the Department the list of risk management program documents within 30 days after 

receipt of notice of the determination that the owner or operator does not have an established risk management 

program. The list of documents shall be grouped by operating or utility unit area in EHS service at the 

stationary source giving their document number, name, the EHS involved, most recent revision number and date, 

file location at the stationary source, and code of sheet size according to ANSI Y14.1-1996 (A, B, C, D, or E) or 

Deutshes Institut Fuer Normung (DIN) 823-1965 (A4, A3, A2, A1, or A0).

(d) Upon review of the documents submitted, the Department will schedule a meeting with the 

owner or operator for the purpose of:

1. Identifying any other documents the owner or operator must submit to the Department;

2. Discussing and adapting the work plan to be developed to the owner or operator's EHS 

equipment and procedures;

3. Explaining the consultant selection process as described in N.J.A.C. 7:31-9.3 below;

4. Determining any limits on the scope or details of the work plan;

5. Identifying the members of the owner or operator's staff who will assist in the work of 

the EHSARA under the direction of the independent consultant or the Department;

6. Setting an end-date of the EHSARA that will be included in the owner or operator's 

request for proposal to independent consultants;

7. Reviewing the instructions to bidders to be included in the owner or operator's request 

for proposal document to which the work plan will be attached.

7:31-9.2 Generic scope of work 

(a) The scope of work for the work plan for each owner or operator required to have an EHSARA 

performed by a consultant or the Department for a Program 3 covered process shall include the following:

1. A general description of how the owner or operator uses EHSs at the stationary source;

2. A requirement for the verification of the quantities and methods of handling all EHSs at 
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the stationary source against the registration submitted by the owner or operator;

3. A requirement for the following reviews and, where necessary, the completion or 

creation of the documents necessary to perform the reviews:

i. A review of process description and process chemistry to define all the possible 

chemical reactions at the stationary source that may cause or contribute to an EHS accident; 

ii. A review or creation of the design codes and standards and operating consensus 

standards employed; and

iii. A review of the EHS process flow diagrams; piping and instrument diagrams 

including those of process, utility or service units at the stationary source that are interactive with the EHS 

piping and instrument diagrams; electrical one-line diagrams; and site plans for:

(1) Completeness as defined in N.J.A.C. 7:31-1.5 for each document 

referred to in (a)3iii above;

(2) Legibility;

(3) Uniformity of symbols;

(4) Drawing title; and

(5) Revision number and date;

4. A requirement for a safety review of existing equipment which shall meet the 

requirements of N.J.A.C. 7:31-4.7(b). In addition the safety review shall include at a minimum the following:

i. Annotation or preparation of process flow diagrams, piping and instrument 

diagrams, electrical one-line diagrams, electrical classification drawings, site plan, sewer system piping 

diagrams, and fire water system piping diagrams incorporating drawing title, revision number, date, signature, 

etc., as necessary to reflect actual conditions. The annotation of the piping and instrument diagrams shall be 

limited to EHS equipment, run and size of piping, location and function of instruments and location, function 

and size of valves;

ii. Completion or creation of the standard operating procedures necessary to comply 

with the requirements of 40 CFR 68.69 with changes specified at N.J.A.C. 7:31-4.1(c)8 and N.J.A.C. 7:31-4.3;

iii. A site plan review to determine at a minimum the following:

(1) Conformance of location of the EHS equipment with the criteria for 

design and operation relative to parameters of flammability, reactivity and toxicity;

(2) Accessibility for operations, maintenance and emergency response 

including corridors, roadways and walkways; and

(3) The measures and precautions designed for the purpose of protecting the 

covered process from external forces and events and for the purpose of controlling EHS releases within the 

stationary source;

iv. An electrical classification review to determine conformance with the most 

current edition of the National Electrical Code, ANSI/NFPA 70;

v. A review of fire water and sewer system drawings to determine if these systems 

as built conform with current design practices;

vi. A mechanical design review comparing the specifications of installed EHS 

equipment and instrumentation with criteria for design and operation including but not limited to:

(1) Pressure and temperature ratings;

(2) Materials of construction;
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(3) Corrosion allowance;

(4) Safety relief devices and interlocks;

(5) Leak tightness and pressure testing; and

(6) Potential points of EHS releases due to failure of EHS equipment, such 

as, seal systems, packings, sight glasses, expansion joints and rotameters;

vii. A review and detailed analysis of any EHS accidents that occurred in the past six 

years for the purpose of identifying problem areas;

viii. A determination of the nature and age of EHS equipment and an examination of 

their physical integrity by visual inspection for evidence of deterioration or distortion by processes such as 

corrosion, erosion, vibration and fluid leaks; and

ix. An examination of the EHS equipment for evidence of inadequate equipment 

and piping supports;

5. A requirement for a process hazard analysis with risk assessment meeting the 

requirements of N.J.A.C. 7:31-4.2 on EHS equipment or operating alternatives using the method of analysis 

specified in the work plan by the Department.

6. A requirement for a review of the owner or operator's preventive maintenance program 

by inspection of internal documents, correspondence and standard forms and by interviews with the owner or 

operator's staff, and identification of those activities necessary to achieve compliance with N.J.A.C. 7:31-4.5;

 7. A requirement for review of the owner or operator's operator training program by 

inspection of internal documents, correspondence and standard forms and by interviews with the owner or 

operator of a covered process's staff, and identification of those activities necessary to achieve compliance with 

N.J.A.C. 7:31-4.4;

8. A requirement for review of the owner or operator's EHS accident investigation 

procedures by inspection of internal documents, correspondence and standard forms and by interviews with the 

owner or operator's staff and identification of those activities necessary to achieve compliance with 40 CFR 

68.81 with changes specified at N.J.A.C. 7:31-4.1(c)15-21;

9. A requirement for review of the owner or operator's emergency response program by 

inspection of internal documents, correspondence and standard forms and by interviews with the owner or 

operator's staff and identification of those activities necessary to achieve compliance with N.J.A.C. 7:31-5;

10. A requirement for review of the owner or operator's audit program; and

11. A requirement for preparation and submittal of progress reports to the Department 

detailing the status of implementation of the scope of work at intervals to be established by the Department and 

included in the work plan.

(b) Reserved.

7:31-9.3 Selection of consultants
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(a) The Department shall authorize an independent consultant nominated by the owner or operator 

to perform the Extraordinarily Hazardous Substance Accident Risk Assessment. The independent consultant 

shall be chosen by the Department and hired and paid for by the owner or operator in accordance with the 

provisions of this subchapter.

(b) Within 60 days after receipt of the finished work plan, an owner or operator shall submit the 

names and proposals of three consultants who meet the requirements at N.J.A.C. 7:31-9.4(b) and are willing and 

able to perform the EHSARA in accordance with the schedule set in the work plan.

(c) The owner or operator shall not submit the name and proposal of any consultant who:

1. Is owned or controlled by the owner or operator or by a firm which owns or controls 

both the owner or operator and the consultant or owns or controls the owner or operator;

2. Was the designer of any covered process at the stationary source;

3. Is debarred or suspended pursuant to N.J.A.C. 7:1-5 or on the New Jersey Department of 

Treasury's list of firms debarred or suspended from engaging in work in the State;

4. Fails to state in its written proposal that it will not subcontract any of the work involved 

in the EHSARA unless provided in writing by the Department; or

5. Fails to state in its written proposal that it will not change the staff named to do any of 

the work involved in the EHSARA unless approved in writing by the Department.

7:31-9.4 Proposal requirements

(a) Each proposal shall explain in a clear and concise manner how the consultant is going to address 

each task in the owner or operator's work plan.

(b) Each proposal shall demonstrate the consultant's ability to perform the EHSARA set forth in 

N.J.A.C. 7:31-9 and shall include:

1. The consultant's qualifications in:

i. Process engineering;

 ii. Safety engineering;

 iii. Preparation of operating procedures;

 iv. Preparation or review of maintenance procedures;

v. Preparation or review of safety procedures;

 vi. Preparation or review of operator training programs;

 vii. Performance or review of accident investigations;

 viii. Performance of hazard reviews and process hazard analyses;

 ix. Performance of risk assessments;

x. Preparation or review of emergency response plans;

 xi. Performance of audits of risk management programs; and

 xii. Knowledge of risk reduction methods; and
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 xiii. With respect to each of the above qualifications, the following:

(1) Name of consultant's client; if the client's name cannot be divulged then a 

description of the client;

(2) Name of client's contact person, if available;

(3) Date and duration of work;

(4) Names of consultant's employees who performed the work;

(5) Schedule of the work; and

(6) Brief description of the work.

2. The qualifications and experience of additional staff who may be assigned on an as 

needed basis; and

3. The level of effort to be dedicated and schedule for performing each workplan task item 

including:

i. Names of staff assigned;

 ii. Expected starting and completion dates;

 iii. Estimated personhours; and

 iv. Scope and extent of usage of collateral items such as computer use, outside 

consultants, etc.

(c) The resumes of the consultant or the consultant's staff who are to be committed to the work plan 

agreed to by the owner or operator of a covered process and the Department shall be included in the proposal 

submitted to the Department and shall demonstrate that the consultant or the consultant's staff implementing the 

workplan has the following qualifications, at a minimum:

1. At least one previous project in each of the 12 areas of experience listed in (b)1 above;

2. Key staff members each having at least five years of professional experience and one key 

staff member who is a licensed professional engineer;

3. A task force leader with at least 36 months of accumulated experience as a project 

manager of multidisciplinary technical teams;

4. A technical leader of the hazard analysis and risk assessment portions of the work who

has at least 12 months aggregate experience at such work; and

5. Any assisting staff shall have at least three years of professional work experience and at 

least six months accumulated experience on the type of work involved in the portion of the EHSARA to which 

they will contribute.

(d) The Department, within 15 days after receipt of the names and proposals from the owner or 

operator, shall:

1. Select one of the consultants to perform the EHSARA; or
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2. Within 60 days after determining that none of the consultants' proposals submitted by the 

owner or operator meet the requirements in N.J.A.C. 7:31-9.4, direct the owner or operator to submit the names 

and proposals of an additional three consultants to the Department for its selection of one of the consultants to 

perform the EHSARA.

(e) The owner or operator of a covered process shall execute a contract with the consultant chosen 

by the Department within 45 days after receipt of the name of the consultant from the Department.

(f) The consultant or Department shall perform the EHSARA and develop a recommended risk 

reduction plan which will include the identification of those activities necessary to create a risk management 

program. These shall be performed in conformity with the work plan developed and explained at the meeting 

held pursuant to N.J.A.C. 7:31-9.1(d) above. Members of the owner or operator's staff may participate in the 

work preparatory to the EHSARA.

7:31-9.5 EHSARA report

(a) Upon completion of the EHSARA, the consultant or the Department shall prepare an EHSARA 

report which shall include recommendations to reduce risks.

(b) The original EHSARA report shall be submitted to the Department and a copy of the EHSARA 

report shall be submitted to the owner or operator at the same time.

(c) The EHSARA report shall contain, but not be limited to, the following for Program 3 covered 

processes:

1. The findings of the verification required by N.J.A.C. 7:31-9.2(a)2; 

2. The findings of the review required by N.J.A.C. 7:31-9.2(a)3;

3. The findings of the safety review required by N.J.A.C. 7:31-9.2(a)4;

4. The reports of the process hazard analysis with risk assessment required by N.J.A.C. 

7:31-9.2(a)5;

5. The findings of the reviews required by N.J.A.C. 7:31-9.2(a)6 through 10; and

6. The recommended risk reduction plan including the listing of all of the deficiencies 

identified in (c)1 through 5 above, the remedial actions and alternatives to correct the deficiencies and a 

proposed schedule for implementation.

(d) Reserved.

(e) The Department shall review the EHSARA report and prepare a risk reduction plan which will 

be incorporated into an administrative order which will be issued to the owner or operator. The administrative 

order shall direct the owner or operator to implement the risk reduction plan which shall include:

1. A list of risks that must be reduced;

2. The actions the owner or operator is to take to reduce the risks including those necessary 
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to complete a risk management program meeting the requirements of N.J.A.C. 7:31-4 and the schedule within 

which the owner or operator shall complete the actions; and

3. A statement that the owner or operator has an established risk management program.

(f) Any owner or operator aggrieved by the administrative order issued pursuant to (e) above may 

request an adjudicatory hearing by following the procedures set forth at N.J.A.C. 7:31- 11.3.

(g) Upon implementation of the risk reduction plan as required by the administrative order, the 

established risk management program will be audited in accordance with 40 CFR 68.220 with changes specified 

at N.J.A.C. 7:31-8.1(c)2-12 and N.J.A.C. 7:31-8.2.

(h) The Department may by regulation or on a case-by-case basis limit the scope or detail of the 

work plan where it determines that the action does not remove or compromise the protection required for the 

public interest.
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SUBCHAPTER 10. CONFIDENTIALITY AND TRADE SECRETS

7:31-10.1 Scope and applicability

(a) This subchapter constitutes the rules for the assertion, substantiation, review, and appeal of 

confidentiality claims and petitions to withhold privileged trade secret or security information, and establishes 

the principles, guidelines and procedures governing the internal management and disclosure of confidential 

information provided to the Department pursuant to this chapter.

(b) All owners or operators asserting a confidentiality claim or a petition to withhold privileged 

trade secret or security information shall follow the procedures set forth in this subchapter.

(c) The Department, its employees and its agents shall strictly adhere to the procedures established 

by this subchapter for maintaining the confidentiality and security of confidential information and for the 

disclosure of confidential information.

7:31-10.2 General provisions

(a) All information collected by or originated by the Department in connection with the Act, this 

chapter or the TCPA program shall be made available to the public in accordance with N.J.S.A. 47:lA-1 et seq. 

except as otherwise provided in this subchapter.

(b) The Department shall protect from disclosure to the public any security information and any

confidential information obtained pursuant to the Act or this chapter.

(c) Confidential information, supplied to the Department, will be disclosed only to the employees or 

agents of the Department and only on a need-to-know basis for the purposes of carrying out or enforcing the 

provisions of the Act or this chapter, or for use in civil or criminal proceedings, if so ordered by a court.

(d) An owner or operator may file a claim with the Department to withhold from public disclosure 

confidential information required to be submitted to the Department at any time such information is required to 

be submitted to the Department. An owner or operator may file a petition to withhold from the Department 

privileged trade secret or security information only at the time of filing the initial document submittals with the 

Department pursuant to N.J.A.C. 7:31-7.2, or within 30 days after receipt of a Department request for the facility

data for owners or operators with no risk management program as provided by N.J.A.C. 7:31-9.1(c), or within 

30 days of the creation of new privileged trade secret or security information. All such claims or petitions and 

any required substantiation shall be submitted in writing on forms provided by the Department in accordance 

with N.J.A.C. 7:31-10.4 and 10.6, respectively. If the space provided for responses on Department forms is not 

sufficient, additional pages, properly referenced, may be attached to the required forms to provide complete 

responses. All forms can be obtained from:

Chief, Bureau of Release Prevention

New Jersey Department of Environmental Protection
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PO Box 424

Trenton, New Jersey 08625-0424

Note: The Bureau of Chemical Release Information and Prevention has been succeeded by the Bureau of 

Release Prevention. The correct data for the Bureau of Release Prevention are:

New Jersey Department of Environmental Protection

Bureau of Release Prevention

PO Box 424

Trenton, New Jersey 08625-0424

 Telephone (609)633-7289

(e) The owner or operator shall initially submit or disclose only the confidential copy of documents 

containing confidential information to the Department. The public copy which shall have deleted all 

confidential information and be available for public disclosure shall be submitted to the Department only upon 

the Department's receipt of a request for the public disclosure of the information or if the Department otherwise 

decides to determine whether the information is entitled to confidential treatment. The confidential copy shall 

be for the Department's records and shall include all necessary information.

(f) Any confidential information supplied to the Department shall be sent by certified mail, return 

receipt requested, by personal delivery, or by other means that provides verification of delivery, the date of 

delivery, and the name of the person who receives the document in the Department.

(g) A properly completed and submitted petition to withhold privileged trade secret or security 

information or any subsequent interim decisions by the Department concerning such petition shall not exempt 

the owner operator from compliance with the requirements of the Act or this chapter, except that the owner or 

operator will not be required to provide the Department with the trade secret or security information claimed as 

privileged, unless the petition is finally denied.

(h) No employees or agents of the Department are authorized to sign a confidentiality agreement or 

other non-disclosure agreement, and any such agreement so executed will be of no force or effect as to the 

Department.

7:31-10.3 Exclusions from confidential information and privileged trade secret or security information

(a) Information required to be submitted or disclosed to the Department pursuant to the Act or this 

chapter which meets the following criteria shall not be considered as confidential information, regardless of any 

claim or petition either pending or approved:

1. The name of the owner or operator, his or her address, and the name and location of his 

or her EHS facilities;

2. The chemical or common name, Chemical Abstract Services number, United States 

Department of Transportation identification number, extraordinarily hazardous substance name or other 

identifying name for the substances listed in Table I in N.J.A.C. 7:31-6.3, or any regulation Promulgated under 
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the Act;

3. Information required to be publicly disclosed pursuant to any other Federal or state act or 

regulations;

4. Information supplied to the Department by an owner or operator contained within the 

RMP; 

5. Information required to be publicly disclosed pursuant to a court order or ruling;

6. Information which is patented;

7. Information which is published or available through any public source;

8. Information which is known to persons outside the owner or operator's business, who are 

not bound by a confidentiality agreement or other duty to keep the information confidential;

9. Information which is determined not to be confidential information pursuant to this 

chapter;

10. (Reserved) 

11. Information required to be included in the registrant's emergency response plan pursuant 

to N.J.A.C. 7:31-5.1 through 5.2; and

12. Information submitted or disclosed to the Department by an owner or operator which is 

not marked or which does not display in bold type or stamp the word "Confidential" on the top of each page.

(b) At a minimum the following information required to be submitted or disclosed to the 

Department pursuant to the Act or this chapter shall not be considered privileged trade secret or security 

information regardless of any petition either pending or approved:

1. Process hazard analysis with risk assessment records;

2. Safety review records;

3. EHS Accident records;

4. Process flow and piping and instrumentation diagrams;

5. Standard operating procedures;

6. Preventive maintenance procedures;

7. Inspection reports;

8. Safety and emergency procedures;

 9. Training records and procedures; 

10. Design criteria and standards and operating consensus standards; and

11. Inherently safer technology review reports.

7:31-10.4 Confidentiality claims

(a) Any owner or operator required to submit or disclose to the Department any information 

pursuant to the Act or this chapter which is the owner or operator's opinion constitutes confidential information, 

may assert a confidentiality claim by following the procedures set forth in this section.

(b) Any owner or operator asserting a confidentiality claim shall do so in writing on a form provided 

by the Department at the time the owner or operator provides or discloses confidential information to the 
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Department.

(c) Any owner or operator submitting any information to the Department and asserting a 

confidentiality claim covering any information contained therein shall submit a confidential copy of the 

document to the Department along with a properly executed confidentiality claim form. The confidential copy 

shall contain all the information required by the Act or this chapter including any information which the claimant 

requests to be treated as confidential. A second copy, the public copy, which shall be identical to the confidential 

copy except that it shall contain no information which the claimant requests to be treated as confidential, shall be 

submitted to the Department only if the Department receives a request for public disclosure of the information or 

if the Department decides to determine whether the information is entitled to confidential treatment. The public 

copy can be a photocopy of the confidential copy, with the allegedly confidential information blacked out. 

When a public copy is required, the Department shall notify the claimant by certified mail, return receipt 

requested, that it must submit the public copy and the required fee, along with the confidentiality claim 

substantiation form as required by N.J.A.C. 7:31-10.5(d), to the Department within 30 days. If the public copy, 

required fee or the confidentiality claim substantiation form is not received by the Department within the 30 day 

time limit, the Department shall send a letter by certified mail, return receipt requested, notifying the claimant 

that its claim will be considered abandoned and the confidential copy shall be treated as public information, 

unless the public copy, required fee or substantiation form is received by the Department within 10 days of 

receipt of the Department's notice.

(d) The top of each page of the confidential copy containing any information which the claimant 

desires to be treated as confidential shall display the heading "CONFIDENTIAL" in bold type, or stamp.

(e) All parts of the text of the confidential copy which the claimant requests to be treated as 

confidential shall be underscored or highlighted in a clearly identifiable manner. This manner of marking 

confidential information shall be such that both the information claimed as confidential and the underscoring or 

highlighting is reproducible on photocopying machines. Information not so marked will be treated as public and 

may be disclosed without notice to the claimant.

(f) The confidential copy, containing the information which the claimant alleges to be entitled to 

confidential treatment, shall be sealed in an envelope which shall display the work "CONFIDENTIAL" in bold 

type or stamp on both sides. This envelope, together with the confidentiality claim form (which may or may not 

be enclosed in a separate envelope, at the option of the claimant), shall be enclosed in another envelope for 

transmittal to the Department, at the following address:

Chief, Bureau of Release and Prevention

New Jersey Department of Environmental Protection

PO Box 424

Trenton, New Jersey 08625-0424

Note: The Bureau of Chemical Release Information and Prevention has been succeeded by the Bureau of 

Release Prevention. The correct data for the Bureau of Release Prevention are:

New Jersey Department of Environmental Protection
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Bureau of Release Prevention

PO Box 424

Trenton, New Jersey 08625-0424

The outer envelope shall bear no marking indicating the confidential nature of its contents.

(g) To ensure proper delivery, the complete package should be sent by certified mail, return receipt 

requested, by personal delivery or by other means which will provide verification of delivery, the date of 

delivery and the name of the person who receives the document at the Department. Ordinary mail may be used, 

but the Department will assume no responsibility for packages until they are actually received at the address 

provided in (f) above.

(h) The certification on the bottom of the confidentiality claim form shall contain the signature and 

certification specified in 40 CFR 68.185. Any substantiation form which the claimant submits to support a 

confidentiality claim shall also contain the signature and certification as specified in 40 CFR 68.185.

(i) For information which in the owner or operator's opinion constitutes confidential information 

and which is merely disclosed to the Department during an inspection at the covered process, only one copy, the 

confidential copy, need be revealed to the Department at that time. A properly executed confidentiality claim 

form for the information disclosed shall be submitted to the Department at the time of such disclosure. The 

second copy, the public copy, will be submitted to the Department only if it becomes necessary for the 

Department to make a confidentiality determination concerning the information claimed as confidential which is 

disclosed during an inspection. Any information disclosed to the Department during an inspection which is not 

properly marked and identified as confidential information will not be considered confidential or be treated as 

such by the Department.

(j) If upon receipt of the public copy the Department becomes aware of an apparent error or 

omission on the part of a claimant in failing to delete information from the public copy which it identified as 

being confidential by underscoring or highlighting on the confidential copy, the Department shall send a letter by 

certified mail, return receipt requested, notifying the claimant of the apparent error or omission. The letter shall 

advise the claimant that the claim as to all information not deleted on the Public copy will be considered 

abandoned and the public copy will be treated as public information, unless the Department receives a corrected 

Public copy within 10 days of receipt of the Department's notice.

7:31-10.5 Determination of confidentiality claims

(a) Information for which a confidentiality claim has been asserted will be treated by the 

Department as entitled to confidential treatment, unless the Department determines that the information is not 

entitled to confidential treatment as provided in this section.

(b) The Departmentshall act upon a confidentiality claim and determine whether information is or is 

not entitled to confidential treatment whenever the Department:
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1. Receives a request under N.J.S.A. 47:lA-1 et seq. to inspect or copy such information;

2. Decides to determine whether information in its possession is entitled to confidential 

treatment; or

3. Desires for any reason in the public interest to disclose the information to persons not 

authorized by this subchapter to have access to confidential information.

(c) Whenever the Department is required to or decides to make a determination whether information 

is entitled to confidential treatment, the Department shall first make a determination that the information claimed 

as confidential has not been the subject of a prior confidentiality determination by the Department concerning 

the same covered process, or if it has, that the prior determination upheld the owner or operator's claim. If such 

a prior determination held that the confidentiality claim was invalid, the Department shall notify the claimant by 

registered mail, return receipt requested, that the information claimed as confidential is the subject of a prior 

determination concerning the confidentiality of the same information in which it was held that such claim was 

invalid and the Department will treat the information as public information.

(d) If the Department determines that the information is not the subject of a prior confidentiality 

determination, the Department shall notify the claimant by certified mail, return receipt requested, of the 

claimant's right to submit substantiation in support of its claim that the information is entitled to be treated as 

confidential. The substantiation shall be submitted in writing on a form provided by the Department, shall be 

accompanied by the public copy of the information and the fee set forth in N.J.A.C. 7:31-1.11(q) for review of 

the substantiation, and shall be received by the Department within 30 days of receipt of the Department's notice. 

The substantiation shall include, but need not be limited to, the following:

1. The reasons why the information needs to be treated as confidential;

2. The extent to which disclosure of the information would result in damage to the 

claimant, including a description of the damage, and an explanation of the relationship between disclosure and 

the damage;

3. The period of time for which confidential treatment is desired by the claimant (for 

example, until a certain date, until the occurrence of a specified event, or permanently);

4. The measures taken by the claimant to guard against undesired disclosure of the 

information to others, and claimant's intention to continue such measures and any new measures the claimant 

intends to implement in the future to protect the information;

5. The extent to which the information has been published or otherwise disclosed to others, 

including employees, and the precautions taken in connection therewith;

6. Prior confidentiality determinations concerning the information made by the Department,

another agency or a court, and a copy of such determination;

7. Whether the information is patented, and, if so, identification of the patent and an 

explanation why the patent:

i. Does not connect the claimant with the confidential information; and

ii. Does not protect the claimant from competitive harm.

8. The ease or difficulty with which the information could be discovered through reverse 

engineering and an estimate for the cost;

9. Whether any Federal or state statute or regulation requires the public disclosure of the 

information, and a copy thereof; and
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10. For security information, a description of the adverse impact disclosure would have on 

either the facility's security or its operations.

(e) Failure of a claimant to furnish the public copy, the confidentiality claim substantiation form or 

to pay the required fee within 10 days of receipt of the Department's second notice provided in accordance with 

N.J.A.C. 7:31-10.4(c), waives the claimant's confidentiality claim and the information will be treated as public 

information.

(f) The owner or operator may assert a confidentiality claim for any confidential information 

contained in its substantiation form submitted to the Department pursuant to (d) above. To claim this material as 

confidential, the claimant shall clearly designate those portions of the substantiation form claimed as 

confidential in accordance with the procedures provided in N.J.A.C. 7:31-10.4(d) and (e). Information not 

properly marked will be treated as public and may be disclosed without notice to the claimant.

1. The claimant shall initially submit to the Department only the confidential copy of any 

substantiation form which contains confidential information prepared in accordance with the provisions 

specified in N.J.A.C. 7:31-10.4(c). The certification on the substantiation form shall be executed as provided in 

N.J.A.C. 7:31-10.4(h).

(g) The substantiation form shall be enclosed in envelopes as specified in N.J.A.C. 7:31 10.4(f) and 

be forwarded to the address provided therein. To ensure proper delivery, the methods specified in N.J.A.C. 

7:31-10.4(g) shall be followed.

(h) The Department may extend the time limit for submitting substantiation pursuant to (d) above to 

not more than 60 days upon receipt of a request in writing for good cause shown.

(i) After receiving the substantiation, the Department shall make a final confidentiality 

determination in accordance with the criteria set forth in (j) below.

1. If, after review, the Department determines that the information is not entitled to 

confidential treatment, the Department shall so notify the claimant by certified mail, return receipt requested. 

The notice shall state the basis for the determination, and shall advise the claimant of its right to request an 

adjudicatory hearing in accordance with the procedures specified in N.J.A.C. 7:31-11.3(b). The notice shall also 

advise the claimant that the Department shall make the information available to the public on the 30th day 

following receipt by the claimant of the written notice, unless the Department has received a timely written 

request for an adjudicatory hearing to contest such decision.

2. If, after review, the determination is made that information is entitled to 

confidential treatment, the information shall not be disclosed, except as otherwise provided by this subchapter. 

The claimant shall be notified of the Department's determination by regular mail. The notice shall state the basis 

for the determination and that it constitutes final agency action.

(j) If the claimant satisfies each of the following substantive criteria, the Department shall determine 

that the information for which a confidentiality claim has been asserted shall be treated as confidential:
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1. The claimant has established a reasonable basis for treating the information as 

confidential;

2. Except for security information, the claimant has shown that disclosure of the 

information would be likely to cause damage to its competitive position;

3. The claimant has asserted a confidentiality claim which has not expired by its terms, 

been waived or withdrawn;

4. The claimant has shown that reasonable measures have been taken to protect the 

confidentiality of the information and that the claimant intends to continue to take such measures;

5. The information is not, and has not been, available or otherwise disclosed to persons 

other than employees, except under a confidentiality or non-disclosure agreement, without the claimant's consent 

(other than by subpoena or by discovery based on a showing of special need in a judicial or quasi-judicial 

proceeding, as long as the information has not become available to a person not involved in the proceeding);

6. Any prior confidentiality determinations concerning the information made by the 

Department, another agency or a court approved or upheld the registrant's confidentiality claim;

7. The information is not the subject of a patent, or if patented, the patent does not connect 

the claimant with the confidential information and does not protect the claimant from competitive harm;

8. The confidential information is not readily discoverable through reverse engineering;

9. No statute or regulation requires public disclosure of the information; and

10. For security information, the claimant has shown that disclosure of the information 

would likely have an adverse effect on the security of the facility or its operations.

7:31-10.6 Petitions to withhold privileged trade secret or security information

(a) An owner or operator required to submit or disclose trade secret or security information pursuant 

to the Act or this chapter which the owner or operator believes must be kept privileged so as not to competitively 

disadvantage the covered process, or compromise the security of the covered process or its operations, may 

petition the Department for the right to withhold the privileged trade secret or security information by following 

the procedures set forth in this section and by paying the fee set forth in N.J.A.C. 7:31-1.11(r). Any owner or 

operator submitting such a petition shall provide complete responses on all required submissions to the 

Department except for those items which would require the disclosure of privileged trade secret or security 

information which the petitioner seeks to withhold. For those items, the petitioner shall note that a petition to 

withhold privileged trade secret or security information has been submitted, along with the date thereof.

(b) Any owner or operator petitioning the Department for the right to withhold privileged trade 

secret or security information shall do so in writing on a form provided by the Department at the time of initial 

document submittal, or within 30 days after receipt of a Department request for the site data for owners or 

operators with no risk management program as provided by N.J.A.C. 7:31-9.1(c), or within 30 days of the 

creation of new privileged trade secret or security information. A petitioner shall also submit in writing 

substantiation on a form provided by the Department to support its assertion that the information sought to be 

withheld is privileged trade secret or security information and pay the fee set forth in N.J.A.C. 7:31-1.11(r) for 

review of its petition and substantiation in accordance with the following:

1. A petitioner whose initial RMP submittal is accepted for further review in accordance 
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with N.J.A.C. 7:31-7.3(c) shall submit its substantiation and fee within 30 days of receipt of a written request by 

the Department.

2. A petitioner whose risk management program is determined to be unacceptable shall 

submit its substantiation and fee at the time it submits the site data as required by N.J.A.C. 7:31-9.1(c), that is, 

within 30 days after receipt of notice that its risk management program is unacceptable.

3. (Reserved)

4. A petitioner who creates new privileged trade secret or security information shall submit 

its substantiation and fee within 30 days after receipt of a written request by the Department.

(c) The substantiation shall include, but need not be limited to, the following:

1. Identification of the specific use of the trade secret and an explanation why it is of 

interest to competitors and should be treated as a Privileged trade secret. Such identification shall include, but 

not be limited to, the following:

i. A description of the specific use of the trade secret, identifying the product, 

process, or activity in which it is used;

ii. If the petitioner's company or facility has been linked to the trade secret in 

publications or other information available to the public, an explanation why this knowledge does not eliminate 

the justification for trade secrecy;

iii. If the trade secret is unknown outside of the petitioner's company, an explanation 

how competitors could deduce this information from any disclosure required under the Act or this chapter; and

iv. An explanation why the trade secret information sought to be withheld would be 

valuable to competitors;

2. A description of the specific measures taken to safeguard the confidentiality of the trade 

secret or security information;

3. Identification of any and all persons, including employees of the covered process, to 

whom the trade secret or security information has been disclosed, including a copy of any signed confidentiality 

agreement requiring the person to refrain from disclosing the information sought to be withheld, or a description 

of any other methods used to ensure the confidentiality of the trade secret or security information. Officers or 

employees of the United States government to whom the information was disclosed for use in national defense 

purposes are not to be identified;

4. An indication of the number of and location of all documents which contain the 

allegedly privileged trade secret or security information;

5. A list of all local, state and Federal government entities to which the trade secret or 

security information has been disclosed. For each entity, whether a confidentiality claim for the information was 

asserted and whether the government entity granted or denied that claim shall be indicated;

6. A description of the harm to the petitioner's competitive position that would likely result 

from disclosure of the trade secret, including an estimate of the potential loss in sales or profitability;
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7. A description of the extent to which the trade secret information is discoverable through 

the process of reverse engineering, including a description of the factors which influence the cost of discovering 

the trade secret by reverse engineering and a rough estimate of the cost of such discovery;

8. Identification of any patent to which the trade secret or petitioner's use of the trade secret 

is subject and an explanation why the patent:

i. Does not connect the petitioner with the trade secret; and

ii. Does not protect the petitioner from competitive harm;

9. A description of how disclosure of the trade secret or security information would likely 

affect the security of the facility or national defense; and

10. Any other relevant information to assist the Department in determining the validity of the 

petition to withhold privileged trade secret or security information.

(d) The petition and substantiation form shall contain the certification specified at N.J.A.C. 7:31-

8.2(c).

(e) The owner or operator petitioning to withhold privileged trade secret or security information 

may claim as confidential any confidential information contained in the substantiation form by following the 

procedures set forth in N.J.A.C. 7:31-10.4(d) and (e). Information not properly marked will be treated as public 

and may be disclosed without notice to the petitioner.

(f) The petitioner shall initially submit to the Department only the confidential copy of any 

substantiation form which contains confidential information prepared in accordance with the provisions 

specified in N.J.A.C. 7:31-10.4(c).

(g) The Department may request supplemental information from the petitioner in support of its 

petition and substantiation to withhold trade secret or security information. The Department may specify the 

kind of information to be submitted, and the petitioner may submit any additional detailed information which 

further supports the information previously supplied to the Department in the petitioner's initial substantiation 

within 30 days of receipt of the Department's request. The petitioner may claim as confidential any confidential 

information included in the supplemental information, and shall clearly designate those portions of the 

supplemental information claimed as confidential in the manner described in N.J.A.C. 7:31-10.4(d) and (e). 

Information not properly marked will be treated as public information and may be disclosed without notice to 

the petitioner. A petitioner submitting supplemental information shall include a certification specified at 

N.J.A.C. 7:31-8.2(c). . If supplemental information is submitted by the petitioner and the petitioner claims 

portions of it as confidential information, then the petitioner shall initially submit to the Department only the 

confidential copy of the supplemental information as prescribed in N.J.A.C. 7:31-10.4(c).

(h) The confidential copy of any petition to withhold privileged trade secret or security information, 

and the substantiation form or supplemental information which contains confidential information shall be 

enclosed in envelopes in accordance with the procedures set forth in N.J.A.C. 7:31 10.4(f) and be forwarded to 

the address Provided therein.
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(i) To ensure proper delivery, the methods specified in N.J.A.C. 7:31-10.4(g) shall be followed.

(j) A petitioner shall update information submitted to the Department regarding a pending or 

approved petition within 30 days of the petitioner's knowledge or receipt of new information which could affect 

the petition to withhold privileged trade secret or security information.

7:31-10.7 Determinations of petitions to withhold privileged trade secret or security information

(a) Upon receipt of a petition to withhold privileged trade secret or security information, the 

Department shall first make a determination that the information petitioned to be withheld as privileged trade 

secret or security information has not been the subject of a prior determination by the Department of a petition to 

withhold the same information concerning the same covered process, or if it has, that the prior determination 

upheld the owner or operator's petition to withhold the information.

1. If such a prior determination held that the petition to withhold the trade secret or security 

information was invalid, the Department shall notify the petitioner that the information petitioned to be withheld 

from the Department is the subject of a prior determination concerning the withholding of the same information 

in which it was held that such petition was invalid, and the Department shall require the petitioner to submit or 

disclose the information to the Department.

(b) Failure of petitioner to furnish timely substantiation or to pay the required fee waives its petition 

to withhold privileged trade secret or security information and the Department will require the petitioner to 

submit or disclose the information to the Department. Failure to furnish substantiation or to pay the required fee 

does not affect the owner or operator's right to assert a confidentiality claim concerning the same information.

(c) If the Department determines that the petition to withhold privileged trade secret or security 

information is not the subject of a prior determination, the Department shall determine whether the petitioner has 

presented sufficient support for its petition to withhold privileged trade secret or security information in its 

substantiation. A petition to withhold such information as privileged will be considered sufficient if, assuming 

all the information contained in the substantiation is true, this supporting information meets the criteria set forth 

in (d) below.

(d) A substantiation submitted under N.J.A.C. 7:31-10.6 will be determined to be sufficient to 

support a petition to withhold privileged trade secret or security information if the substantiation asserts specific 

facts to support the following conclusions:

1. The petitioner has established that the information sought to be withheld as privileged 

trade secret or security information is entitled to protection as confidential information in accordance with the 

criteria in N.J.A.C. 7:31-10.6(c)1 through 10;

2. The petitioner has not disclosed the information sought to be withheld to any other 

person other than to the petitioner's employees involved in its use, or, if the information relates to national 

security, to officers or employees of the United States government; and
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3. The petitioner is not required by any state or Federal law or regulation to disclose the 

information to any governmental entity or agency, regardless of any right of the petitioner to make a claim of 

confidentiality upon disclosing the information to such governmental entity or agency.

(e) If the petition does not meet the criteria for sufficiency set forth in (d) above, the Department 

shall notify the petitioner in writing of this fact by certified mail (return receipt requested). The notification 

shall include the reasons for the Department's initial decision that the petition is insufficient, and shall inform the 

petitioner of its right to submit in writing supplemental information to the Department within 30 days of receipt 

of the notice in accordance with N.J.A.C. 7:31-10.6(g) to support the facts asserted in its substantiation. The 

notification may specifically request supplemental information in particular areas relating to the petition and 

shall inform the petitioner of its right to claim as confidential, any confidential information contained in any 

supplemental information it submits, and will include a reference to N.J.A.C. 7:31-10.4(d) and (e) as the source 

for the proper procedures for making such confidentiality claim.

(f) Upon receipt of supplemental information or after the 30 day period to submit supplemental 

information has expired, the Department shall determine whether the petition meets the standard of sufficiency 

set forth in (d) above.

1. If after receipt of supplemental information, the Department determines that the petition 

is sufficient, the Department will make a final determination concerning the petition to withhold trade secret or 

security information in accordance with (g) below.

2. If after the expiration of the 30 day period specified in (e) above, no supplemental 

information has been received by the Department, and the Department makes a final determination that the 

petition is still insufficient, the Department will notify the petitioner by certified mail (return receipt requested) 

that its petition is considered abandoned. The notice shall state the basis for the determination and will require 

the owner or operator to submit or disclose the information to the Department within 30 days of the registrant's 

receipt of the Department's determination. A determination that a petition to withhold privileged trade secret or 

security information is insufficient does not affect a registrant's right to assert a confidentiality claim concerning 

the same information, unless the determination of insufficiency concluded that the information sought to be 

withheld is not confidential information.

(g) Once a petition has been determined to be sufficient under (d) or (f)1 above, the Department will 

determine whether the petition to withhold trade secret or security information will be granted or denied.

1. The petitioner will be notified by regular mail that its petition has been granted if the 

Department determines that the information submitted in support of the petition is true and that the information 

sought to be withheld is a trade secret or security information which meets the following criteria:

i. The information is trade secret or security information entitled to be treated as 

confidential information in accordance with the criteria established in N.J.A.C. 7:31-10.6(c)1 through 10;

ii. The information has never been released to any person other than to the 

petitioner's employees who are involved in its use, or, if the information relates to national security, to officers or 

employees of the United States government;

iii. The information is not otherwise required to be disclosed by any Federal or state 

law or regulation to any governmental entity or agency, regardless of any right by the petitioner to make a claim 
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of confidentiality upon disclosing the information to any such governmental entity or agency; and

iv. The information is not included on the list provided at N.J.A.C. 7:31-10.3(b).

2. If the Department determines that the information submitted in support of the petition is 

not true or that the information sought to be withheld is not a trade secret or security information which is 

entitled to be treated as privileged in accordance with the criteria set forth in (g)1 above, the petitioner shall be 

notified by certified mail (return receipt requested) that its petition has been denied. The notification shall state 

the basis for the determination, and shall advise the petitioner of its right to request an adjudicatory hearing in 

accordance with the procedures specified at N.J.A.C. 7:31-11.3(b). Unless a request for an adjudicatory hearing 

is received within the registrant to submit or disclose the information to the Department within 30 days of the 

registrant's receipt of the Department's denial of its petition. A denial of a petition to withhold privileged trade 

secret or security information does not affect an owner or operator's right to assert a confidentiality claim 

concerning the same information, unless the denial concluded that the information sought to be withheld is not 

confidential information.

7:31-10.8 Maintaining the confidentiality and security of confidential information

(a) Until such time as a final confidentiality determination has been made, access to any information 

for which a confidentiality claim has been made will be limited to only those Department employees and agents 

whose activities necessitate such access and as provided at N.J.A.C. 7:31-10.9.

(b) No disclosure of information for which a confidentiality claim has been asserted shall be made to 

any other persons except as provided in this subchapter.

(c) Nothing in this section shall be construed as prohibiting the incorporation of confidential 

information into cumulations of data subject to disclosure as public records, provided that such disclosure is not 

in a form that would foreseeably allow persons, not otherwise having knowledge of such confidential 

information, to deduce from it the confidential information or the identity of the registrant who supplied it to the 

Department.

(d) Only those Department employees who are designated as records custodians in accordance with 

(1) below, shall open any envelope which is marked "CONFIDENTIAL" and is addressed as provided at 

N.J.A.C. 7:31-10.4(f).

(e) All submissions entitled to confidential treatment as determined at N.J.A.C. 7:31-10.5 shall be 

stored by the Department or its agents only in locked cabinets.

(f) Any record made or maintained by Department employees or agents which contains confidential 

information shall be treated as confidential in accordance with the provisions of this section.

(g) Confidential information shall not be publicly disclosed by the Department and shall not be 

communicated over telecommunications networks, including but not limited to telephones, computers connected 

by modems, or electronic mail systems.
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(h) Any document, which contains confidential information and is transmitted by the Department to 

the registrant or to any authorized person, shall be sent by certified mail or by other means that requires a 

verification of receipt, the date of receipt, and the name of the person who receives the document.

(i) The Department's contact regarding confidential information shall be the owner or operator's 

qualified person.

(j) Any document prepared by the Department for the registrant which contains confidential 

information shall display the word "CONFIDENTIAL" in bold type or stamp on the top of each page. The 

envelope containing this document shall be addressed to the registrant's responsible manager and shall display 

the word "CONFIDENTIAL" in bold type or stamp on both sides. This envelope shall be enclosed in a plain 

envelope addressed for mailing.

(k) No persons other than the Commissioner and his or her designated employees or designated 

agents or an administrative law judge conducting a hearing on the confidentiality of information pursuant to 

N.J.S.A. 52:14F-1 et seq. shall have access to confidential information and such access shall be on a 

need-to-know basis only. Said designated representatives of the Commissioner shall be employees or agents of 

the Department and such designation shall be made in writing.

(1) The Commissioner shall designate employees to act as records custodians of all confidential 

information gathered pursuant to the Act or this chapter. These designated employees shall be responsible for 

acknowledging and recording the receipt of confidential information from an owner or operator, for tracking and 

recording all confidential information given to Department-designated employees or agents or an administrative 

law judge, for maintaining and upkeeping the confidential information file and storage area and for establishing 

any other methods deemed appropriate to protect the confidentiality of information through internal procedures 

or guidelines.

(m) Any confidential information added to a computerized data base shall only be added to 

computers which are:

1. Capable of being locked during periods of non-use by means of a lock and key 

mechanism, or by the use of passwords or levels of security clearances, or by other means that restrict access 

only to authorized Department personnel;

2. Are not tied to another computer system by means of communications network; and

3. Are kept within an office capable of being locked when not being used by an authorized 

person.

(n) Any confidentia1 information submitted to the Department which becomes obsolete or is no 

longer needed by the Department for the implementation of the Act or this chapter shall be returned to the owner 

or operator.

7:31-10.9 Disclosure of confidential information
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(a) The Department may disclose confidential information to a person other than a Department 

employee, agent or administrative law judge only as provided in this section.

(b) The Department may disclose confidential information to any other governmental agency if:

1. The Department receives a written request for disclosure of the information from a duly 

authorized officer or employee of the other agency;

2. The request sets forth the official purpose for which the information is needed;

3. The Department notifies the other agency of the Department's determination that the 

information is entitled to confidential treatment, or of any unresolved confidentiality claim covering the 

information;

4. The other governmental agency has first furnished to the Department a written formal 

legal opinion from the agency's chief legal officer or counsel stating that under applicable law the agency has the 

authority to compel the person who submitted the information to the Department to disclose such information to 

the other agency;

5. The other agency agrees not to disclose the information further unless;

i. The other agency has statutory authority both to compel production of the 

information and to make the proposed disclosure; or

ii. The other agency has obtained the consent of the affected registrant to the 

proposed disclosure;

6. The other agency has adopted regulations or operates under statutory authority that will 

allow it to preserve confidential information from unauthorized disclosure.

(c) The Department may disclose confidential information to an agent of the Department and to an 

agent's employees when the agent is assisting in implementing the Act, its activities necessitate such access, and 

the requirements of (c)1 below have been satisfied. Any such disclosure of confidential information shall be 

restricted to a person approved in writing by the Department.

1. An agent shall not receive any confidential information unless:

i. It has submitted a plan to the Department which describes measures for 

adequately protecting confidential information form unauthorized disclosure, and such plan has been approved 

by the Department;

ii. It has provided written documentation demonstrating, to the satisfaction of the 

Department, that it maintains professional liability insurance and comprehensive general liability insurance in 

amounts to be set by the Department; and

iii. In addition to the requirement of (c)2 below, it has signed an agreement 

developed by the Department, protecting confidential information from unauthorized disclosure. The agreement 

shall include a provision whereby the agent assumes liability for any damages to the registrant resulting from the 
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intentional or negligent release of confidential information by the agent and its employees.

2. Any person granted access to confidential information pursuant to this section shall sign 

an agreement developed by the Department protecting the confidentiality of the information prior to receipt of 

the information.

3. Any person who receives confidential information pursuant to this section shall take 

appropriate measures to protect the information from unauthorized disclosure which shall include, but not be 

limited to:

i. Keeping the information confidential from unauthorized persons;

ii. Keeping any records containing confidential information in a locked file cabinet 

or safe, when not in use;

iii. Using the information only for the use approved by the Department;

iv. Not reproducing the confidential information; and

v. Returning all material on which the confidential information has been recorded 

to the Department within 30 days after finishing using the information.

(d) Except as otherwise provided in (e) below, the Department shall notify in writing the owner or 

operator who supplied the confidential information of:

1. Its disclosure to another agency or agent of the Department;

2. The date on which disclosure was made;

3. The name of the agency or agent to which disclosed; and

4. A description of the information disclosed.

(e) The Department may disclose any confidential information to any other person if it has obtained 

the written consent of the owner or operator's qualified person to such disclosure.

1. The giving of consent by an owner or operator to disclose shall not be deemed to waive a 

confidentiality claim with regard to further disclosures unless the authorized disclosure is of such nature as to 

make the disclosed information accessible to the general public.

(f) The Department may use confidential information in a civil or criminal proceeding, if permitted 

by a court.

7:31-10.10 Wrongful access or disclosure

(a) A person shall not disclose, seek access to, obtain or have possession of any confidential 

information obtained pursuant to the Act or this chapter, except as authorized by this subchapter.

(b) Every Department employee or agent who has custody or possession of confidential information 

shall take appropriate measures to safeguard such information and to protect against its improper disclosure.
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(c) A Department employee or agent shall not disclose, or use for his or her private gain or 

advantage, any information which came into his or her possession, or to which he or she gained access, by virtue 

of his or her official position of employment or contractual relationship with the Department.

(d) If the Department finds that any person has violated the provisions of this subchapter, it may:

1. Commence a civil action in Superior Court for a restraining order and an injunction 

barring that person from further disclosing confidential information; and

2. Pursue any other remedy available by law.

(e) In addition to any other penalty that may be sought by the Department, violation of this 

subchapter by a Department employee shall constitute grounds for dismissal, suspension, fine or other adverse 

Personnel action.

(f) Disclosure by an agent in violation of this subchapter or the contractual provisions described in 

N.J.A.C. 7:31-10.9(c) shall constitute grounds for debarment or suspension as provided in "Debarment, 

Suspension and Disqualification from Department Contracting", N.J.A.C. 7:1-5, in addition to whatever other 

remedies may be available to the Department at equity or law.

(g) Use of any of the remedies specified under this section shall not preclude the use of any other 

remedy.

7:31-10.11 Use of confidential information in rulemaking, reviewing extraordinarily hazardous substance 

accident risk assessment reports and risk management programs, and enforcement proceedings.

Notwithstanding any other provisions of this subchapter, the Department may use confidential 

information in the development of the TCPA program rules, in the review and preparation of documents 

approving or withholding approval of extraordinarily hazardous substance accident risk assessment reports and 

risk management programs, and in the preparation of enforcement documents and during enforcement 

proceedings.
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SUBCHAPTER 11. CIVIL ADMINISTRATIVE PENALTIES AND REQUESTS FOR 

ADJUDICATORY HEARINGS

7:31-11.1 Authority and purpose

(a) This subchapter shall govern the Department's assessment of civil administrative penalties for 

violations of the Toxic Catastrophe Prevention Act, N.J.S.A. 13:lK-19 et seq., including violations of any rule, 

consent agreement or administrative order issued pursuant to the Toxic Catastrophe Prevention Act. This 

subchapter shall also govern the procedures for requesting an adjudicatory hearing on a notice of civil 

administrative penalty assessment, an administrative order, a written notice from the Department withholding 

approval of a new covered process, or a certified letter denying a confidentiality claim or denying a petition to 

withhold privileged trade secret or security information..

(b) Neither the assessment of a civil administrative penalty nor the payment of any such civil 

administrative penalty shall be deemed to affect the availability of any other enforcement provision provided for 

by N.J.S.A. 13:lK-30 or any other statute, in connection with the violation for which the assessment is levied.

7:31-11.2 Procedures for issuance of administrative orders and assessment of civil administrative penalties 

and payment of such penalties

(a) For violation of the Act or any rule, consent agreement, information request, access request, or 

order promulgated or issued pursuant to the Act, the Department shall, by issuance of an administrative order 

and/or notice of civil administrative penalty assessment, notify the violator using certified mail (return receipt 

requested) or personal service. The Department may, in its discretion, require cessation of violation and/or 

assess a civil administrative penalty for more than one offense in a single administrative order and/or notice of 

civil administrative penalty assessment or in multiple administrative orders and/or notices of civil administrative 

penalty assessment. This administrative order and/or notice of civil administrative penalty assessment shall:

1. Identify the section of the Act, rule, consent agreement, information request, or access 

request, or order violated;

2. Concisely state the facts which constitute the violation;

3. For any violation still continuing, order such violation to cease;

4. Specify the amount of the civil administrative penalty to be imposed, if any; and

5. Advise the violator of the right to request an adjudicatory hearing pursuant to the 

procedures in N.J.A.C. 7:31-11.3.

(b) Payment of the civil administrative penalty is due and compliance with the terms of an 

administrative order is required upon receipt by the violator of the Department's final order in a contested case 

or when an administrative order and/or a notice of civil administrative penalty assessment otherwise becomes a 

final order, as follows:

1. If no hearing is requested pursuant to N.J.A.C. 7:31-11.3 or the Department does not 

receive a hearing request within 20 calendar days, the administrative order and/or notice of civil administrative 
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penalty assessment becomes a final order and is deemed received on the 21st calendar day following receipt by 

the violator of the administrative order and/or notice of civil administrative penalty assessment;

2. If the Department denies the hearing request pursuant to N.J.A.C. 7:31-11.3(e), an 

administrative order and/or notice of civil administrative penalty assessment becomes a final order upon the 

violator's receipt, by certified mail or personal service, of notice of such denial; or

3. If an adjudicatory hearing is conducted, an administrative order and/or notice of civil 

administrative penalty assessment becomes a final order upon receipt by the violator of a final order in a 

contested case.

(c) Any person who violates any provision of N.J.S.A. 13:1K-22 through 13:1K-26 or any rule, 

regulation, or order promulgated or a court order issued pursuant thereto, or who fails to pay a civil 

administrative penalty in full is subject, upon order of the court, to a civil penalty not to exceed $10,000.00 per 

day of the violation, and each day's continuance of the violation constitutes a separate and distinct violation. 

Any penalty imposed under this subsection may be recovered with cost in a summary proceeding before the 

Superior Court and pursuant to the Penalty Enforcement Law, N.J.S.A. 2A:58-1 et seq.

(d) The Department may, in its discretion, settle any civil administrative penalty assessed pursuant to 

N.J.A.C. 7:31-11.4 according to the following factors provided that these factors were not already considered 

during the assessment of the penalty:

1. Mitigating or extenuating circumstances;

2. The timely implementation by the violator of measures leading to compliance;

3. The full payment by the violator of a specified part of the civil administrative penalty 

assessed if made within a time period established by the Department in an administrative order and/or notice of 

civil administrative penalty assessment and provided that the violator waives the right to request an adjudicatory 

hearing on the civil administrative penalty; or

4. Any other terms or conditions acceptable to the Department.

7:31-11.3 Procedures to request an adjudicatory hearing

(a) Within 20 calendar days from receipt of an administrative order and/or a notice of civil 

administrative penalty assessment issued pursuant to the Toxic Catastrophe Prevention Act, the violator may 

request an adjudicatory hearing to contest such administrative order and/or penalty assessment by submitting a 

written request to the Department which shall include the following information:

1. The name, address, and telephone number of the violator and his or her authorized 

representative, if any;

2. The Department's identification number for the covered process as specified in the owner 

or operator's registration form (if applicable);

3. The violator's defenses to each of the Department's findings of fact stated in short and 

plain terms;

4. An admission or denial of each of the Department's findings of fact. If the violator is 

without knowledge or information sufficient to form a belief as to the truth of a finding, the violator shall so 
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state and this shall have the effect of a denial. A denial shall fairly meet the substance of the findings denied. 

When the violator intends in good faith to deny only a part or a qualification of a finding, the violator shall 

specify so much of it as is true and material and deny only the remainder. The violator may not generally deny 

all of the findings but shall make all denials as specific denials of designated findings. For each finding the 

violator denies, the violator shall allege the fact or facts as the violator believes it or them to be;

5. Information supporting the request and specific reference to or copies of other written 

documents relied upon to support the request;

6. An estimate of the time required for the hearing (in days and/or hours); and

7. A request, if necessary, for a barrier-free hearing location for disabled persons.

(b) Within 20 calendar days from receipt of an administrative order issued by the Department 

pursuant to 40 CFR 68.220(g) with changes specified at N.J.A.C. 7:31-8.1(c)9-10. or N.J.A.C. 7:31-9.5(e), or of 

a written notice from the Department withholding approval of a new covered process, or a certified letter 

denying a confidentiality claim or denying a petition to withhold privileged trade secret or security information, 

issued pursuant to the Toxic Catastrophe Prevention Act, the owner or operator may request an adjudicatory 

hearing to contest such action by submitting a written request to the Department which shall include the 

following information:

1. The name, address, and telephone number of the owner or operator and his or her 

authorized representative if any;

2. The Department's identification number for the covered process as specified in the owner 

or operator's registration form;

3. The owner or operator's factual position on each question alleged to be at issue, its 

relevance to the Department's decision, specific reference to contested conditions as well as suggested revised or 

alternative conditions;

4. Information supporting the owner or operator's factual position and proposed conditions 

and copies of other written documents relied upon to support the request for a hearing;

5. An estimate of the time required for the hearing (in days and/or hours); and

6. A request, if necessary, for a barrier-free hearing location for disabled persons.

(c) A written hearing request not received within 20 calendar days after receipt by the owner or 

operator or violator of the notice of a civil administrative penalty assessment and/or an administrative order 

and/or a written notification from the Department withholding approval of a new covered process and/or a 

certified letter denying a confidentiality claim or denying a petition to withhold privileged trade secret or 

security information shall be denied by the Department.

(d) During the pendency of the review and hearing on an administrative order issued pursuant to 

N.J.A.C. 7:31-9.5(e), the timetable for compliance with those conditions being appealed in the order shall be 

suspended.

(e) If the violator fails to include all the information required by (a) or (b) above, the Department 

may deny the hearing request.
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(f) If it grants the request for a hearing, the Department shall file the request for a hearing with the 

Office of Administrative Law. The hearing shall be held before an administrative law judge and in accordance 

with the Administrative Procedure Act, N.J.S.A. 52:14B-1 et seq., and the Uniform Administrative Procedure 

Rules, N.J.A.C. 1:1.

(g) Requests for adjudicatory hearings shall be sent to:

Office of Legal Affairs

New Jersey Department of Environmental Protection

PO Box 402

Trenton, New Jersey 08625-0402

Attention: Hearing Request

7:31-11.4 Civil administrative penalty determination

(a) Each violation of the Toxic Catastrophe Prevention Act or any rule, consent agreement or 

administrative order issued pursuant thereto, shall constitute an additional, separate and distinct offense.

(b) If the violation is of a continuing nature, each day during which it continues constitutes an 

additional, separate and distinct offense.

(c) The Department shall determine the amount of the civil administrative penalty for the 

offenses described in Table III below on the basis of the category of offense, the frequency of the violation, 

the type of violation as minor (M) or non-minor (NM), and the applicable grace period if the violation is 

minor, as follows:

TABLE III

Penalty in U.S. Dollars

By Offense Category

Categories of Offense Cite First

Offense

Second

Offense

Subsequent

Offenses 

Type of

Violation

Grace

Period

(days)

1. Failure to comply with the requirements of 

40 CFR 68 as incorporated at N.J.A.C. 7:31 

by the schedule set forth in N.J.A.C. 7:31-

7.5.

40 CFR 68.10(a)(1), 

N.J.A.C. 7:31-1.1(c)3i 

and ii

2,000 4,000 10,000 NM
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Categories of Offense Cite First

Offense

Second

Offense

Subsequent

Offenses 

Type of

Violation

Grace

Period

(days)

2. Failure to comply with the requirements of 

40 CFR 68 as incorporated at N.J.A.C. 7:31 

within three years after the date on which a 

regulated substance is first listed at 40 CFR 

68.130.

40 CFR 68.10(a)(2), 

N.J.A.C. 7:31-1.1(c)3i

2,000 4,000 10,000 NM

3. Failure to comply with the requirements of 

40 CFR 68 as incorporated at N.J.A.C. 7:31 

no later than the date on which a regulated 

substance is first present at a threshold 

quantity in a process.

40 CFR 68.10(a)(3), 

N.J.A.C. 7:31-1.1(c)3i 

2,000 4,000 10,000 NM

4. Failure to comply with the requirements of 

40 CFR 68 as incorporated at N.J.A.C. 7:31 

for new covered processes in accordance 

with the requirements at N.J.A.C. 7:31-4.11.

40 CFR 68.10(a), 

N.J.A.C. 7:31-1.1(c)3iii

1,000 2,000 5,000 NM

5. Reserved

6. Reserved

7. Reserved

8. Reserved

9. Failure to submit a single RMP, as provided 

in 40 CFR 68.150 to 40 CFR 68.185(b) 

with changes specified at N.J.A.C. 7:31-

7.1(c).

or

Failure to include in the RMP a registration 

that reflects all covered processes.

Note: Penalties 10-14 to be deleted March 

16, 2010.

40 CFR 68.12(a), 

N.J.A.C. 7:31-1.1(c)4i

5,000 10,000 25,000 NM

10. Reserved

11. Reserved

12. Reserved

13. Reserved

14. Reserved
This is a courtesy copy of this rule. All of the Department’s rules are compiled in Title 7 of the New Jersey Administrative Code.

 - 148 - Rev. 9

Categories of Offense Cite First

Offense

Second

Offense

Subsequent

Offenses 

Type of

Violation

Grace

Period

(days)

15. Failure to develop and implement a 

management system for a Program 3

covered process as provided in 40 CFR 

68.15 with changes specified at N.J.A.C. 

7:31-1.1(c)5 in addition to meeting the 

requirements of 40 CFR 68.12(a) as 

incorporated at N.J.A.C. 7:31-1.1(c)4.

40 CFR 68.12(d)(1), 

N.J.A.C. 7:31-

1.1(c)4iii(1) and (2)

4,000 8,000 20,000 NM

16. Failure to conduct a hazard assessment as 

provided in 40 CFR 68.20 through 68.42 

with changes specified at N.J.A.C. 7:31-

2.1(c)1 and 2 and N.J.A.C. 7:31-2.2 in 

addition to meeting the requirements of 40 

CFR 68.12(a) as incorporated at N.J.A.C. 

7:31-1.1(c)4.

40 CFR 68.12(d)(2), 

N.J.A.C. 7:31-

1.1(c)4iii(1) and (3)

6,000 12,000 30,000 NM

17. Failure to implement the prevention 

requirements of 40 CFR 68.65 through 

68.87 with changes specified at N.J.A.C. 

7:31-4.1(c)1 through 24 and N.J.A.C. 7:31-

4.2 through 4.11 in addition to meeting the 

requirements of 40 CFR 68.12(a) as 

incorporated at N.J.A.C. 7:31-1.1(c)4.

40 CFR 68.12(d)(3), 

N.J.A.C. 7:31-

1.1(c)4iii(1) and (4)

1,000 2,000 5,000 NM

18. Failure to develop and implement an 

emergency response program as provided in 

40 CFR 68.90 to 68.95 incorporated with 

changes specified at N.J.A.C. 7:31-5.1(c)1 

through 4 and N.J.A.C. 7:31-5.2 in addition 

to meeting the requirements of 40 CFR 

68.12(a) as incorporated at N.J.A.C. 7:31-

1.1(c)4. 

40 CFR 68.12(d)(4), 

N.J.A.C. 7:31-

1.1(c)4iii(1) and (5)

4,000 8,000 20,000 NM

19. Failure to submit as part of the RMP the 

data on prevention program elements for 

Program 3 processes as provided in 40 CFR 

68.175 as incorporated at N.J.A.C. 7:31-

7.1(a) in addition to meeting the 

requirements of 40 CFR 68.12(a) as 

incorporated at N.J.A.C. 7:31-1.1(c)4.

40 CFR 68.12(d)(5), 

N.J.A.C. 7:31-

1.1(c)4iii(1)

500 1,000 2,500 NM

20. Failure to develop a management system to 

oversee the implementation of the risk 

management program elements for covered 

processes.

40 CFR 68.15(a), 

N.J.A.C. 7:31-1.1(c)5iv

4,000 8,000 20,000 NM
This is a courtesy copy of this rule. All of the Department’s rules are compiled in Title 7 of the New Jersey Administrative Code.

 - 149 - Rev. 9

Categories of Offense Cite First

Offense

Second

Offense

Subsequent

Offenses 

Type of

Violation

Grace

Period

(days)

21. Failure to assign a qualified person or 

position that has the overall responsibility 

for the development, implementation, and 

integration of the risk management program 

elements.

40 CFR 68.15(b), 

N.J.A.C. 7:31-1.1(a)

1,000 2,000 5,000 NM

22. Failure to document the names or positions 

of the people who have been assigned 

responsibility for implementing individual 

requirements of 40 CFR 68 incorporated at 

N.J.A.C 7:31 and define the lines of 

authority through an organization chart or 

similar document.

40 CFR 68.15(c), 

N.J.A.C. 7:31-1.1(a)

1,000 2,000 5,000 M 30

23. Failure to include in the management 

system a documentation plan which: (1) 

provides a list identifying all documentation 

required by this chapter including the 

document title, identification number, and 

storage location; and (2) describes how the 

owner or operator of a covered process will 

store, maintain and update all 

documentation required by this chapter. 

40 CFR 68.15, 

N.J.A.C. 7:31-1.1(c)5i

2,000 4,000 10,000 M 30

24. Failure to provide in the management 

system a of tracking and recording the EHS 

inventory at the facility against the Risk 

Management Plan registration quantity to 

ensure that the EHS registration quantity of 

each registered covered process is not 

exceeded.

40 CFR 68.15, 

N.J.A.C. 7:31-1.1(c)5ii

2,000 4,000 10,000 NM

25. Failure to handle, use, manufacture,

generate, or store an EHS in a manner 

which complies with the TCPA, N.J.A.C. 

7:31 and/or the approved risk management 

program.

N.J.A.C. 7:31-1.9(a) 2,000 4,000 10,000 NM

26. Failure to pay an annual fee to the 

Department computed in accordance with 

N.J.A.C. 7:31-1.11A(b), (c) and (i) through 

(m), and billed and remitted in accordance 

with N.J.A.C. 7:31-1.11(f) through (h).

N.J.A.C. 7:31-1.11A(a) one-third 

of fee

one-third 

of fee + 

1,000

one-third 

of fee + 

2,000

M 30
This is a courtesy copy of this rule. All of the Department’s rules are compiled in Title 7 of the New Jersey Administrative Code.

 - 150 - Rev. 9

Categories of Offense Cite First

Offense

Second

Offense

Subsequent

Offenses 

Type of

Violation

Grace

Period

(days)

27. Failure to authorize the insurance carrier to 

release information within 30 days from the 

written request of the Department.

or

Failure to require the insurance company to 

forward to the Department the requested 

information within 30 days of the receipt of 

the authorization to do so from the owner or 

operator.

N.J.A.C. 7:31-1.12(d) 2,000 4,000 10,000 NM

28. Failure to prepare a worst-case release 

scenario analysis as provided in 40 CFR 

68.25 incorporated at N.J.A.C. 7:31-2.1(a) 

and to complete the five-year accident 

history as provided in 40 CFR 68.42 

incorporated at N.J.A.C. 7:31-2.1(a).

40 CFR 68.20, 

N.J.A.C. 7:31-2.1(c)1

2,000 4,000 10,000 NM

29. Failure to use the toxic endpoints provided 

in Appendix A of 40 CFR 68 for analyses of 

offsite consequences for toxic substances. 

or

Failure to use the toxic endpoints 

determined by the Department in 

accordance with the criteria used by 

USEPA in developing 40 CFR 68 Appendix 

A for Table 1 Part A toxic substances not 

listed in Appendix A.

40 CFR 68.22(a)(1), 

N.J.A.C. 7:31-2.1(c)2

500 1,000 2,500 NM

30. Failure to use the endpoint of 1 psi for 

explosion for analyses of offsite 

consequences for flammable substances.

40 CFR 68.22(a)(2)(i), 

N.J.A.C. 7:31-2.1(a)

500 1,000 2,500 NM

31. Failure to use the endpoint of a radiant heat 

of 5 kw/m for 40 seconds for radiant 

heat/exposure time for analyses of offsite 

consequences for flammable substances.

40 CFR 68.22(a)(2)(ii), 

N.J.A.C. 7:31-2.1(a)

500 1,000 2,500 NM

32. Failure to use the endpoint of a lower 

flammability limit as provided in NFPA 

documents or other generally recognized 

sources for lower flammability limit for 

analyses of offsite consequences for 

flammable substances.

 

40 CFR 68.22(a)(2)(iii), 

N.J.A.C. 7:31-2.1(a)

500 1,000 5,000 NM
This is a courtesy copy of this rule. All of the Department’s rules are compiled in Title 7 of the New Jersey Administrative Code.

 - 151 - Rev. 9

Categories of Offense Cite First

Offense

Second

Offense

Subsequent

Offenses 

Type of

Violation

Grace

Period

(days)

33. Failure to use a wind speed of 1.5 meters 

per second and F atmospheric stability class 

for the worst-case release analysis. Failure 

to demonstrate that local meteorological 

data applicable to the stationary source 

show a higher minimum wind speed or less 

stable atmosphere at all times during the 

previous three years when using these 

minimums. 

 

40 CFR 68.22(b), 

N.J.A.C. 7:31-2.1(a)

500 1,000 2,500 NM

34. Failure to use the highest daily maximum 

temperature in the previous three years and 

average humidity for the site, based on 

temperature/humidity data gathered at the 

stationary source or at a local 

meteorological station for worst-case 

release analysis of a regulated toxic 

substance.

 

40 CFR 68.22(c), 

N.J.A.C. 7:31-2.1(a)

500 1,000 2,500 NM

35. Failure to analyze the worst-case release of 

a regulated toxic substance assuming a 

ground level (0 feet) release. 

or

Failure to use the correct release height as 

determined by the release scenario for an 

alternative scenario analysis of a regulated 

toxic substance. 

40 CFR 68.22(d), 

N.J.A.C. 7:31-2.1(a)

500 1,000 2,500 NM

36. Failure to use either urban or rural 

topography, as appropriate. 

40 CFR 68.22(e), 

N.J.A.C. 7:31-2.1(a)

500 1,000 2,500 NM

37. Failure to ensure that tables or models used 

for dispersion analysis of regulated toxic 

substances appropriately account for gas 

density. 

40 CFR 68.22(f), 

N.J.A.C. 7:31-2.1(a)

500 1,000 2,500 NM
This is a courtesy copy of this rule. All of the Department’s rules are compiled in Title 7 of the New Jersey Administrative Code.

 - 152 - Rev. 9

Categories of Offense Cite First

Offense

Second

Offense

Subsequent

Offenses 

Type of

Violation

Grace

Period

(days)

38. Failure to consider liquids other than gases, 

liquefied only by refrigeration, to be 

released at the highest daily maximum 

temperature, based on data for the previous 

three years appropriate for the stationary 

source, or at process temperature, 

whichever is higher, for worst case. 

or

Failure to consider substances to be 

released at a process or ambient temperature

that is appropriate for the scenario for 

alternative scenarios. 

40 CFR 68.22(g), 

N.J.A.C. 7:31-2.1(a) 

500 1,000 2,500 NM

39. Failure to analyze and report in the RMP for

Program 2 and/or 3 processes one worstcase release scenario that is estimated to 

create the greatest distance in any direction 

to an endpoint provided in Appendix A of 

40 CFR 68 resulting from an accidental 

release of regulated toxic substances from 

covered processes under worst-case 

conditions defined in 40 CFR 68.22 

incorporated at N.J.A.C. 7:31-2.1(c).

40 CFR 68.25(a)(2)(i), 

N.J.A.C. 7:31-2.1(a)

4,000 8,000 20,000 NM

40. Failure to analyze and report in the RMP for

Program 2 and/or 3 processes one worstcase release scenario that is estimated to 

create the greatest distance in any direction 

to an endpoint defined in 40 CFR 68.22(a) 

incorporated at N.J.A.C. 7:31-2.1(c) 

resulting from an accidental release of 

regulated flammable substances from 

covered processes under worst-case 

conditions defined in 40 CFR 68.22 

incorporated at N.J.A.C. 7:31-2.1(c).

40 CFR 68.25(a)(2)(ii), 

N.J.A.C. 7:31-2.1(a)

4,000 8,000 20,000 NM
This is a courtesy copy of this rule. All of the Department’s rules are compiled in Title 7 of the New Jersey Administrative Code.

 - 153 - Rev. 9

Categories of Offense Cite First

Offense

Second

Offense

Subsequent

Offenses 

Type of

Violation

Grace

Period

(days)

41. Failure to analyze and report in the RMP for

Program 2 and/or 3 processes additional 

worst-case release scenarios for a hazard 

class if a worst-case release from another 

covered process at the stationary source 

potentially affects public receptors different 

from those potentially affected by the worstcase release scenario developed under 

paragraphs 40 CFR 68.25(a)(2)(i) or 

(a)(2)(ii) incorporated at N.J.A.C. 7:31-

2.1(a).

40 CFR 68.25(a)(2)(iii), 

N.J.A.C. 7:31-2.1(a)

4,000 8,000 20,000 NM

42. Failure to use the worst-case release 

quantity which was the greater of the 

following:

(1) For substances in a vessel, the greatest 

amount held in a single vessel, taking into 

account administrative controls that limit 

the maximum quantity; or

(2) For substances in pipes, the greatest 

amount in a pipe, taking into account 

administrative controls that limit the 

maximum quantity. 

40 CFR 68.25(b)(1) or 

(2), N.J.A.C. 7:31-2.1(a)

4,000 8,000 20,000 NM

43. Failure to assume that the quantity in the 

vessel or pipe, as determined under 40 CFR 

68.25(b), incorporated at N.J.A.C. 7:31-

2.1(a) is released as a gas over 10 minutes 

in the worst case release scenario for 

regulated toxic substances that are normally 

gases at ambient temperature and handled 

as a gas or as a liquid under pressure.

or

Failure to assume the release rate to be the 

total quantity divided by 10 unless passive 

mitigation systems are in place. 

40 CFR 68.25(c)(1), 

N.J.A.C. 7:31-2.1(a)

4,000 8,000 20,000 NM

44. Failure to assume that the substance is 

released as a gas in 10 minutes for a 

released substance that is not contained by 

passive mitigation systems or that is in a 

contained pool that has a depth of 1 cm or 

less in the worst case release scenario for 

gases handled as refrigerated liquids at 

ambient pressure. 

40 CFR 68.25(c)(2)(i), 

N.J.A.C. 7:31-2.1(a)

4,000 8,000 20,000 NM
This is a courtesy copy of this rule. All of the Department’s rules are compiled in Title 7 of the New Jersey Administrative Code.

 - 154 - Rev. 9

Categories of Offense Cite First

Offense

Second

Offense

Subsequent

Offenses 

Type of

Violation

Grace

Period

(days)

45. Failure to calculate the volatilization rate 

(release rate) at the boiling point of the 

substance and at the conditions specified in 

40 CFR 68.25(d) incorporated at N.J.A.C. 

7:31-2.1(a).

40 CFR 68.25(c)(2)(ii), 

N.J.A.C. 7:31-2.1(a)

2,000 4,000 10,000 NM

46. Failure to assume that the quantity in the 

vessel or pipe, as determined under 40 CFR 

68.25(b), incorporated at N.J.A.C. 7:31-

2.1(a), is spilled instantaneously to form a 

liquid pool in the worst case release 

scenario for regulated toxic substances that 

are normally liquids at ambient temperature. 

40 CFR 68.25(d)(1), 

N.J.A.C. 7:31-2.1(a)

2,000 4,000 10,000 NM

47. Failure to determine the surface area of the 

pool by assuming that the liquid spreads to 

one centimeter deep unless passive 

mitigation systems are in place that serve to 

contain the spill and limit the surface area in 

the worst case release scenario for regulated 

toxic substances that are normally liquids at 

ambient temperature. Failure to use the 

surface area of the contained liquid to 

calculate the volatilization rate where 

passive mitigation is in place. 

40 CFR 68.25(d)(1)(i), 

N.J.A.C. 7:31-2.1(a)

2,000 4,000 10,000 NM

48. Failure to take into account the actual 

surface characteristics where a release 

would occur onto a surface that is not paved 

or smooth in the worst case release scenario 

for regulated toxic substances that are 

normally liquids at ambient temperature. 

40 CFR 68.25(d)(1)(ii), 

N.J.A.C. 7:31-2.1(a)

2,000 4,000 10,000 NM

49. Failure to account for: (1) the highest daily 

maximum temperature occurring in the past 

three years, (2) the temperature of the 

substance in the vessel, or (3) the 

concentration of the substance for a liquid 

spilled as a mixture or solution, to calculate 

the volatilization rate in the worst case 

release scenario for regulated toxic 

substances that are normally liquids at 

ambient temperature. 

 

40 CFR 68.25(d)(2), 

N.J.A.C. 7:31-2.1(a)

2,000 4,000 10,000 NM
This is a courtesy copy of this rule. All of the Department’s rules are compiled in Title 7 of the New Jersey Administrative Code.

 - 155 - Rev. 9

Categories of Offense Cite First

Offense

Second

Offense

Subsequent

Offenses 

Type of

Violation

Grace

Period

(days)

50. Failure to determine the rate of release to air

from the volatilization rate of the liquid 

pool in the worst case release scenario for 

regulated toxic substances that are normally 

liquids at ambient temperature. 

or

Failure to use the methodology in the RMP 

Offsite Consequence Analysis Guidance or 

any other publicly available techniques that 

account for the modeling conditions and are 

recognized by industry as applicable as part 

of current practices.

or

Failure to allow the implementing agency 

access to the model and to describe model 

features and differences from publicly 

available models to local emergency 

planners upon request when using a 

proprietary model that accounts for the 

modeling conditions.

40 CFR 68.25(d)(3), 

N.J.A.C. 7:31-2.1(a)

2,000 4,000 10,000 NM

51. Failure to assume that the quantity of the 

substance, as determined under 40 CFR 

68.25(b) through (i), incorporated at 

N.J.A.C. 7:31-2.1(a) vaporizes resulting in 

a vapor cloud explosion in the worst-case 

release scenario for flammable gases. 

or

Failure to use a yield factor of 10 percent of 

the available energy released in the 

explosion to determine the distance to the 

explosion endpoint when the model used is 

based on TNT equivalent methods. 

40 CFR 68.25(e), 

N.J.A.C. 7:31-2.1(a)

2,000 4,000 10,000 NM

52. Failure to assume that the total quantity in 

the vessel or pipe, as determined under 40 

CFR 68.25(b), incorporated at N.J.A.C. 

7:31-2.1(a), is released as a gas over 10 

minutes in the worst-case release scenario 

for flammable gases, for regulated 

flammable substances that are normally 

gases at ambient temperature and handled 

as a gas, or as a liquid under pressure, and 

is involved in the vapor cloud explosion. 

 

40 CFR 68.25(e)(1), 

N.J.A.C. 7:31-2.1(a)

2,000 4,000 10,000 NM
This is a courtesy copy of this rule. All of the Department’s rules are compiled in Title 7 of the New Jersey Administrative Code.

 - 156 - Rev. 9

Categories of Offense Cite First

Offense

Second

Offense

Subsequent

Offenses 

Type of

Violation

Grace

Period

(days)

53. Failure to assume that the total quantity of 

the substance is released as a gas in 10 

minutes, and the total quantity will be 

involved in the vapor cloud explosion for a 

released substance that is not contained by 

passive mitigation systems or for a 

contained pool that has a depth of one 

centimeter or less in the worst-case release 

scenario for flammable gases handled as 

refrigerated liquids at ambient pressure. 

 

40 CFR 68.25(e)(2)(i), 

N.J.A.C. 7:31-2.1(a)

2,000 4,000 10,000 NM

54. Failure to assume that the quantity in the 

vessel or pipe, as determined under 40 CFR 

68.25(b), incorporated at N.J.A.C. 7:31-

2.1(a), is spilled instantaneously to form a 

liquid pool in the worst-case release 

scenario, for a flammable gas handled as a 

refrigerated liquid at ambient pressure that 

is contained by passive mitigation systems 

in a pool with a depth greater than 1 

centimeter. 

or

Failure to calculate the volatilization rate 

(release rate) at the boiling point of the 

substance and at the conditions specified in 

40 CFR 68.25(d) incorporated at N.J.A.C. 

7:31-2.1(a). 

or

Failure to assume that the quantity which 

becomes vapor in the first 10 minutes is 

involved in the vapor cloud explosion. 

 

40 CFR 68.25(e)(2)(ii), 

N.J.A.C. 7:31-2.1(a)

2,000 4,000 10,000 NM

55. Failure to assume that the quantity of the 

substance, as determined under 40 CFR 

68.25(b) and (g) through (i), incorporated at 

N.J.A.C. 7:31-2.1(a), vaporizes resulting in 

a vapor cloud explosion, for the worst-case 

release scenario for flammable liquids. 

or

Failure to use a yield factor of 10 percent of 

the available energy released in the 

explosion to determine the worst case 

release scenario distance to the explosion 

endpoint for a model used that is based on 

TNT equivalent methods. 

40 CFR 68.25(f), 

N.J.A.C. 7:31-2.1(a)

2,000 4,000 10,000 NM
This is a courtesy copy of this rule. All of the Department’s rules are compiled in Title 7 of the New Jersey Administrative Code.

 - 157 - Rev. 9

Categories of Offense Cite First

Offense

Second

Offense

Subsequent

Offenses 

Type of

Violation

Grace

Period

(days)

56. Failure to assume that the entire quantity in 

the vessel or pipe, as determined under 40 

CFR 68.25(b), incorporated at N.J.A.C. 

7:31-2.1(a), is spilled instantaneously to 

form a liquid pool in the worst-case release 

scenario for regulated flammable substances 

that are normally liquids at ambient 

temperature. 

or

Failure to calculate the volatilization rate at 

the conditions specified in 40 CFR 68.25(d) 

incorporated at N.J.A.C. 7:31-2.1(a) for 

liquids at temperatures below their 

atmospheric boiling point. 

40 CFR 68.25(f)(1), 

N.J.A.C. 7:31-2.1(a)

2,000 4,000 10,000 NM

57. Failure to assume that the quantity which 

becomes vapor in the first 10 minutes is 

involved in the vapor cloud explosion in the 

worst-case release scenario for flammable 

liquids. 

40 CFR 68.25(f)(2), 

N.J.A.C. 7:31-2.1(a)

2,000 4,000 10,000 NM

58. Failure to use the parameters defined in 40 

CFR 68.22 incorporated at N.J.A.C. at 

7:31-2.1(c), to determine distance to the 

endpoints. 

or

Failure to use the methodology provided in 

the RMP Offsite Consequence Analysis 

Guidance or any commercially or publicly 

available air dispersion modeling 

techniques that account for the modeling 

conditions and are recognized by industry 

as applicable as part of current practices.

or

Failure to allow the implementing agency 

access to the model and to describe model 

features and differences from publicly 

available models to local emergency 

planners upon request, when using a 

proprietary model that accounts for the 

modeling conditions.

 

40 CFR 68.25(g), 

N.J.A.C. 7:31-2.1(a)

2,000 4,000 10,000 NM
This is a courtesy copy of this rule. All of the Department’s rules are compiled in Title 7 of the New Jersey Administrative Code.

 - 158 - Rev. 9

Categories of Offense Cite First

Offense

Second

Offense

Subsequent

Offenses 

Type of

Violation

Grace

Period

(days)

59. Failure to perform an accurate worst case 

scenario analysis by considering a passive 

mitigation system that is not capable of 

withstanding the release event triggering the 

scenario and which would function as 

intended.

 

40 CFR 68.25(h), 

N.J.A.C. 7:31-2.1(a)

2,000 4,000 10,000 NM

60. Failure to select a worst case scenario for 

flammable regulated substances or regulated

toxic substances based on smaller quantities 

handled at a higher process temperature or 

pressure that would result in a greater 

distance to an endpoint defined in 40 CFR 

68.22(a) incorporated at N.J.A.C. 7:31-

2.1(c), beyond the stationary source 

boundary than the scenario provided under 

40 CFR 68.25(b) incorporated at N.J.A.C. 

7:31-2.1(a).

40 CFR 68.25(i)(1), 

N.J.A.C. 7:31-2.1(a)

2,000 4,000 10,000 NM

61. Failure to select a worst case scenario for 

flammable regulated substances or regulated

toxic substances based on proximity to the 

boundary of the stationary source that 

would result in a greater distance to an 

endpoint defined in 40 CFR 68.22(a) 

incorporated at N.J.A.C. 7:31-2.1(c), 

beyond the stationary source boundary than 

the scenario provided under 40 CFR 

68.25(b) incorporated at N.J.A.C. 7:31-

2.1(a).

40 CFR 68.25(i)(2), 

N.J.A.C. 7:31-2.1(a)

2,000 4,000 10,000 NM

62. Failure to identify and analyze at least one 

alternative release scenario for each 

regulated toxic substance held in a covered 

process(es) and at least one alternative 

release scenario to represent all flammable 

substances held in a covered process(es). 

40 CFR 68.28(a), 

N.J.A.C. 7:31-2.1(a)

4,000 8,000 20,000 NM

63. Failure to select a scenario that is more 

likely to occur than the worst-case release 

scenario under 40 CFR 68.25 incorporated 

at N.J.A.C. 7:31.2.1(a), for each alternative 

release scenario required under 40 CFR 

68.28(a) incorporated at N.J.A.C. 7:31-

2.1(a).

40 CFR 68.28(b)(1)(i), 

N.J.A.C. 7:31-2.1(a)

4,000 8,000 20,000 NM
This is a courtesy copy of this rule. All of the Department’s rules are compiled in Title 7 of the New Jersey Administrative Code.

 - 159 - Rev. 9

Categories of Offense Cite First

Offense

Second

Offense

Subsequent

Offenses 

Type of

Violation

Grace

Period

(days)

64. Failure to select a scenario that will reach 

an endpoint offsite for an alternative release 

scenario required under 40 CFR 68.28(a) 

incorporated at N.J.A.C. 7:31-2.1(a).

 

40 CFR 68.28(b)(1)(ii), 

N.J.A.C. 7:31-2.1(a)

4,000 8,000 20,000 NM

65. Failure to consider alternative release 

scenarios such as those listed at 40 CFR 

68.28(b)(2)(i-v) incorporated at N.J.A.C. 

7:31-2.1.

40 CFR 68.28(b)(2)(i) 

through (v), N.J.A.C. 

7:31-2.1(a)

4,000 8,000 20,000 NM

66. Failure to use the appropriate parameters 

defined in 40 CFR 68.22 incorporated at 

N.J.A.C. 7:31-2.1(c) to determine distance 

to the endpoints in the analysis of 

alternative release scenarios. 

or

Failure to use the methodology provided in 

the RMP Offsite Consequence Analysis 

Guidance or a commercially or publicly 

available air dispersion modeling technique 

that accounts for the specified modeling 

conditions and is recognized by industry as 

applicable as part of current practices. 

or

Failure to allow the implementing agency 

access to a proprietary model that accounts 

for the modeling conditions and to describe 

model features and differences from 

publicly available models to local 

emergency planners upon request. 

 

40 CFR 68.28(c), 

N.J.A.C. 7:31-2.1(a)

2,000 4,000 10,000 NM

67. Failure to perform an accurate alternative 

release scenario analysis by considering 

active and passive mitigation systems that 

are not capable of withstanding the event 

that triggered the release or that are not 

functional. 

40 CFR 68.28(d), 

N.J.A.C. 7:31-2.1(a)

2,000 4,000 10,000 NM

68. Failure to consider the five-year accident 

history provided in 40 CFR 68.42 

incorporated at N.J.A.C. 7:31-2.1(a) in 

selecting alternative release scenarios. 

40 CFR 68.28(e)(1), 

N.J.A.C. 7:31-2.1(a)

4,000 8,000 20,000 NM
This is a courtesy copy of this rule. All of the Department’s rules are compiled in Title 7 of the New Jersey Administrative Code.

 - 160 - Rev. 9

Categories of Offense Cite First

Offense

Second

Offense

Subsequent

Offenses 

Type of

Violation

Grace

Period

(days)

69. Failure to consider the failure scenarios 

identified under 40 CFR 68.50 incorporated 

at N.J.A.C. 7:31-3.1(c) or 40 CFR 68.67 

incorporated at N.J.A.C 7:31-4.1(c) in 

selecting alternative release scenarios. 

40 CFR 68.28(e)(2), 

N.J.A.C. 7:31-2.1(a)

4,000 8,000 20,000 NM

70. Failure to estimate in the RMP the 

population within a circle with its center at 

the point of the release and a radius 

determined by the distance to the endpoint 

defined in 40 CFR 68.22(a) incorporated at 

N.J.A.C. 7:31-2.1(c).

40 CFR 68.30(a), 

N.J.A.C. 7:31-2.1(a)

500 1,000 2,500 NM

71. Failure to include residential population in 

the population estimate. 

or 

Failure to note the presence of institutions 

(schools, hospitals, prisons), parks and 

recreational areas, and major commercial, 

office, and industrial buildings in the RMP. 

40 CFR 68.30(b), 

N.J.A.C. 7:31-2.1(a)

500 1,000 2,500 NM

72. Failure to use the most recent Census data 

or other updated information to estimate the 

population potentially affected. 

40 CFR 68.30(c), 

N.J.A.C. 7:31-2.1(a)

500 1,000 2,500 NM

73. Failure to estimate population to two 

significant digits. 

40 CFR 68.30(d),

N.J.A.C. 7:31-2.1(a)

500 1,000 2,500 NM

74. Failure to list in the RMP environmental 

receptors within a circle with its center at 

the point of the release and a radius 

determined by the distance to the endpoint 

defined in 40 CFR 68.22(a) incorporated at 

N.J.A.C. 7:31-2.1(c).

40 CFR 68.33(a), 

N.J.A.C. 7:31-2.1(a)

500 1,000 2,500 NM

75. Failure to rely on information provided on 

local U.S. Geological Survey maps or on 

any data source containing U.S.G.S. data to 

identify environmental receptors. 

40 CFR 68.33(b), 

N.J.A.C. 7:31-2.1(a)

500 1,000 2,500 M 30

76. Failure to review and update the offsite 

consequence analyses at least once every 

five years. 

40 CFR 68.36(a), 

N.J.A.C. 7:31-2.1(a)

2,000 4,000 10,000 NM
This is a courtesy copy of this rule. All of the Department’s rules are compiled in Title 7 of the New Jersey Administrative Code.

 - 161 - Rev. 9

Categories of Offense Cite First

Offense

Second

Offense

Subsequent

Offenses 

Type of

Violation

Grace

Period

(days)

77. Failure to complete a revised analysis 

within six months of a change in processes, 

quantities stored or handled, or any other 

aspect of the stationary source that might 

reasonably be expected to increase or 

decrease the distance to the endpoint by a 

factor of two or more and to submit a 

revised risk management plan as provided 

in 40 CFR 68.190 as incorporated at 

N.J.A.C. 7:31-7.1(c). 

40 CFR 68.36(b), 

N.J.A.C. 7:31-2.1(a)

2,000 4,000 10,000 NM

78. Failure to maintain records for the worstcase scenarios of the offsite consequence 

analyses that include a description of the 

vessel or pipeline and substance selected as 

worst case, assumptions and parameters 

used, and the rationale for selection. 

or

Failure to describe for the worst case 

scenarios the use of administrative controls 

and passive mitigation that were assumed to 

limit the quantity that could be released. 

or

Failure to include in the documentation of 

the worst case scenarios the anticipated 

effect of the controls and mitigation on the 

release quantity and rate. 

 

40 CFR 68.39(a), 

N.J.A.C. 7:31-2.1(a)

2,000 4,000 10,000 NM

79. Failure to maintain the records for 

alternative release scenarios of the offsite 

consequence analyses that include a 

description of the scenarios identified, 

assumptions and parameters used, and the 

rationale for the selection of specific 

scenarios. 

or

Failure to include for the alternate release 

scenarios correct assumptions on the use of 

administrative controls and mitigations that 

were assumed to limit the quantity that 

could be released. 

or

Failure to include in the documentation of 

scenario the effect of the controls and 

mitigation on the release quantity and rate. 

40 CFR 68.39(b), 

N.J.A.C. 7:31-2.1(a)

2,000 4,000 10,000 NM
This is a courtesy copy of this rule. All of the Department’s rules are compiled in Title 7 of the New Jersey Administrative Code.

 - 162 - Rev. 9

Categories of Offense Cite First

Offense

Second

Offense

Subsequent

Offenses 

Type of

Violation

Grace

Period

(days)

80. Failure to maintain records on the offsite 

consequence analyses that include the 

documentation of estimated quantity 

released, release rate, and duration of 

release for offsite consequence analyses. 

40 CFR 68.39(c), 

N.J.A.C. 7:31-2.1(a)

2,000 4,000 10,000 NM

81. Failure to maintain records on the offsite 

consequence analyses that include the 

methodology used to determine distance to 

endpoints for offsite consequence analyses. 

 

40 CFR 68.39(d), 

N.J.A.C. 7:31-2.1(a)

2,000 4,000 10,000 NM

82. Failure to maintain records on the offsite 

consequence analyses that include data used 

to estimate population and environmental 

receptors potentially affected for offsite 

consequence analyses. 

40 CFR 68.39(e), 

N.J.A.C. 7:31-2.1(a)

2,000 4,000 10,000 NM

83. Failure to include in the five-year accident 

history all accidental releases from covered 

processes that resulted in deaths, injuries, or 

significant property damage on site, or 

known offsite deaths, injuries, evacuations, 

sheltering in place, property damage, or 

environmental damage. 

40 CFR 68.42(a), 

N.J.A.C. 7:31-2.1(a)

1,000 2,000 5,000 NM

84. Failure to report the date, time, and 

approximate duration of the release for each 

accidental release included in the five-year 

accident history. 

40 CFR 68.42(b)(1), 

N.J.A.C. 7:31-2.1(a)

500 1,000 2,500 M 30

85. Failure to report the chemical(s) released 

for each accidental release included in the 

five-year accident history. 

40 CFR 68.42(b)(2), 

N.J.A.C. 7:31-2.1(a)

500 1,000 2,500 M 30

86. Failure to report the estimated quantity 

released in pounds for each accidental 

release included in the five-year accident 

history. 

40 CFR 68.42(b)(3), 

N.J.A.C. 7:31-2.1(a)

1,000 2,000 5,000 M 30

87. Failure to report the five- or six-digit 

NAICS code that most closely corresponds 

to the process for each accidental release 

included in the five-year accident history. 

 

40 CFR 68.42(b)(4), 

N.J.A.C. 7:31-2.1(a)

500 1,000 2,500 M 30
This is a courtesy copy of this rule. All of the Department’s rules are compiled in Title 7 of the New Jersey Administrative Code.

 - 163 - Rev. 9

Categories of Offense Cite First

Offense

Second

Offense

Subsequent

Offenses 

Type of

Violation

Grace

Period

(days)

88. Failure to report the type of release event 

and its source for each accidental release 

included in the five-year accident history. 

40 CFR 68.42(b)(5), 

N.J.A.C. 7:31-2.1(a)

1,000 2,000 5,000 M 30

89. Failure to report known weather conditions 

for each accidental release included in the 

five-year accident history. 

40 CFR 68.42(b)(6), 

N.J.A.C. 7:31-2.1(a)

500 1,000 2,500 M 30

90. Failure to report the on-site impacts for 

each accidental release included in the fiveyear accident history. 

40 CFR 68.42(b)(7), 

N.J.A.C. 7:31-2.1(a)

1,000 2,000 5,000 M 30

91. Failure to report the known offsite impacts 

for each accidental release included in the 

five-year accident history. 

 

40 CFR 68.42(b)(8), 

N.J.A.C. 7:31-2.1(a)

1,000 2,000 5,000 M 30

92. Failure to report the known initiating event 

and contributing factors for each accidental 

release included in the five-year accident 

history. 

 

40 CFR 68.42(b)(9), 

N.J.A.C. 7:31-2.1(a)

1,000 2,000 5,000 M 30

93. Failure to report whether offsite responders 

were notified when known for each 

accidental release included in the five-year 

accident history. 

 

40 CFR 68.42(b)(10), 

N.J.A.C. 7:31-2.1(a)

500 1,000 2,500 M 30

94. Failure to report the operational or process 

changes that resulted from investigation of 

the release for each accidental release 

included in the five-year accident history 

and that have been made by the time this 

information is submitted in accordance with 

40 CFR 68.168. 

40 CFR 68.42(b)(11), 

N.J.A.C. 7:31-2.1(a)

500 1,000 2,500 M 30

95. Failure to provide numerical estimates of at 

least two significant digits of the quantity of 

regulated substance released in the five-year 

accident history.

40 CFR 68.42(c), 

N.J.A.C. 7:31-2.1(a)

1,000 2,000 5,000 M 30

96. Failure to document a hazard assessment for 

a covered process in which an RHS or RHS 

Mixture is used, handled, or stored in 

accordance with 40 CFR 68 Subpart B as 

incorporated with changes at N.J.A.C. 7:31-

2.1(c)1 and 2 and N.J.A.C. 7:31-2.2.

N.J.A.C. 7:31-2.2(a) 1,000 2,000 5,000 NM
This is a courtesy copy of this rule. All of the Department’s rules are compiled in Title 7 of the New Jersey Administrative Code.

 - 164 - Rev. 9

Categories of Offense Cite First

Offense

Second

Offense

Subsequent

Offenses 

Type of

Violation

Grace

Period

(days)

97. Failure to consider the explosive 

flammability hazard of an RHS in the 

hazard assessment.

N.J.A.C. 7:31-2.2(a)1 500 1,000 2,500 NM

98. Failure to report in the RMP the one worstcase scenario that is estimated to create the 

greatest distance in any direction to the 

endpoint for stationary sources that have 

multiple RHSs or RHS Mixtures in covered 

process(es). 

or

Failure to report in the RMP additional 

worst-case release scenarios for stationary 

sources that have multiple RHSs or RHS 

Mixtures in covered process(es) if a worstcase release from another covered process 

at the stationary source potentially affects 

public receptors different from those 

potentially affected by the worst-case 

scenario with the greatest endpoint distance.

N.J.A.C. 7:31-2.2(a)2 4,000 8,000 20,000 NM

99. Failure to identify, analyze, and report in the 

hazard assessment at least one alternative 

release scenario to represent all RHSs or 

RHS Mixtures held in covered processes.

N.J.A.C. 7:31-2.2(a)3 4,000 8,000 20,000 NM

100. Failure to report in the RMP the RHS 

hazard assessment results in the RMP 

Offsite Consequence Analysis sections for 

flammable substances.

N.J.A.C. 7:31-2.2(a)4 2,000 4,000 10,000 NM

101. Failure to use the endpoints for flammables 

listed at 40 CFR 68.22(a)(2) as the endpoint 

parameter for the RHS hazard assessment.

N.J.A.C. 7:31-2.2(b)1 500 1,000 2,500 NM

102. Failure to use the maximum capacity of the 

largest process vessel containing an RHS or 

RHS mixture, not taking into account 

administrative controls that limit the 

maximum quantity, as the worst case release 

quantity for the RHS hazard assessment.

N.J.A.C. 7:31-2.2(b)2 4,000 8,000 20,000 NM
This is a courtesy copy of this rule. All of the Department’s rules are compiled in Title 7 of the New Jersey Administrative Code.

 - 165 - Rev. 9

Categories of Offense Cite First

Offense

Second

Offense

Subsequent

Offenses 

Type of

Violation

Grace

Period

(days)

103. Failure to use a TNT-equivalent explosion

method or any commercially or publicly 

available explosion modeling techniques, 

provided the techniques account for the 

modeling conditions and are recognized by 

industry as applicable as part of current 

practices, for the RHS hazard assessment. 

N.J.A.C. 7:31-2.2(b)3 4,000 8,000 20,000 NM

104. Failure to use the heat of reaction of the 

RHS or RHS Mixture when using a TNTequivalent explosion method for the RHS 

hazard assessment.

N.J.A.C. 7:31-2.2(b)3i 4,000 8,000 20,000 NM

105. Failure to use 100 percent of the potential 

heat release (heat of reaction) assumed to 

contribute to the explosion for an RHS 

Mixture in a process vessel when using a 

TNT-equivalent explosion method for the 

RHS hazard assessment.

N.J.A.C. 7:31-2.2(b)3ii 4,000 8,000 20,000 NM

106. Failure to use 100 percent of the potential 

heat release (heat of reaction) assumed to 

contribute to the explosion for an RHS 

Mixture in a process vessel when using a 

TNT-equivalent explosion method for the 

RHS hazard assessment.

N.J.A.C. 7:31-2.2(b)3iii 4,000 8,000 20,000 NM

107. Failure to use all other parameters and 

calculation methods specified at 40 CFR 68 

Subpart B as incorporated with changes at 

N.J.A.C. 7:31-2.1(c)1 and 2 as the 

parameters for the RHS hazard assessment.

Note: Penalties 108-208 to be deleted 

March 16, 2010.

N.J.A.C. 7:31-2.2(b)4 2,000 4,000 10,000 NM

108. Reserved 

109. Reserved

110. Reserved

111. Reserved

112. Reserved

113. Reserved

114. Reserved

115. Reserved

116. Reserved

117. Reserved

118. Reserved
This is a courtesy copy of this rule. All of the Department’s rules are compiled in Title 7 of the New Jersey Administrative Code.

 - 166 - Rev. 9

Categories of Offense Cite First

Offense

Second

Offense

Subsequent

Offenses 

Type of

Violation

Grace

Period

(days)

119. Reserved

120. Reserved

121. Reserved

122. Reserved

123. Reserved

124. Reserved

125. Reserved

126. Reserved

127. Reserved

128. Reserved

129. Reserved

130. Reserved

131. Reserved

132. Reserved

133. Reserved

134. Reserved

135. Reserved

136. Reserved

137. Reserved

138. Reserved

139. Reserved

140. Reserved

141. Reserved

142. Reserved

143. Reserved

144. Reserved

145. Reserved

146. Reserved

147. Reserved

148. Reserved

149. Reserved

150. Reserved

151. Reserved

152. Reserved

153. Reserved

154. Reserved

155. Reserved

156. Reserved

157. Reserved

158. Reserved

159. Reserved

160. Reserved

161. Reserved

162. Reserved

163. Reserved

164. Reserved

165. Reserved
This is a courtesy copy of this rule. All of the Department’s rules are compiled in Title 7 of the New Jersey Administrative Code.

 - 167 - Rev. 9

Categories of Offense Cite First

Offense

Second

Offense

Subsequent

Offenses 

Type of

Violation

Grace

Period

(days)

166. Reserved

167. Reserved

168. Reserved

169. Reserved

170. Reserved

171. Reserved

172. Reserved

173. Reserved

174. Reserved

175. Reserved

176. Reserved

177. Reserved

178. Reserved

179. Reserved

180. Reserved

181. Reserved

182. Reserved

183. Reserved

184. Reserved

185. Reserved

186. Reserved

187. Reserved

188. Reserved

189. Reserved

190. Reserved

191. Reserved

192. Reserved

193. Reserved

194. Reserved

195. Reserved

196. Reserved

197. Reserved

198. Reserved

199. Reserved

200. Reserved

201. Reserved

202. Reserved

203. Reserved

204. Reserved

205. Reserved

206. Reserved

207. Reserved

208. Reserved
This is a courtesy copy of this rule. All of the Department’s rules are compiled in Title 7 of the New Jersey Administrative Code.

 - 168 - Rev. 9

Categories of Offense Cite First

Offense

Second

Offense

Subsequent

Offenses 

Type of

Violation

Grace

Period

(days)

209. Failure to complete a compilation of written 

process safety information before 

conducting any required process hazard 

analysis in accordance with the schedule set 

forth in 40 CFR 68.67 as incorporated at 

N.J.A.C. 7:31-4.1(c)6.

 

40 CFR 68.65(a), 

N.J.A.C. 7:31-4.1(a)

2,000 4,000 10,000 NM

210. Failure to include toxicity information in the 

process safety information pertaining to the 

hazards of the regulated substances in a 

process. 

 

40 CFR 68.65(b)(1), 

N.J.A.C. 7:31-4.1(a)

500 1,000 2,500 NM

211. Failure to include permissible exposure 

limits in the process safety information 

pertaining to the hazards of the regulated 

substances in a process. 

 

40 CFR 68.65(b)(2), 

N.J.A.C. 7:31-4.1(a)

500 1,000 2,500 NM

212. Failure to include physical data in the 

process safety information pertaining to the 

hazards of the regulated substances in a 

process.

 

40 CFR 68.65(b)(3), 

N.J.A.C. 7:31-4.1(a)

500 1,000 2,500 NM

213. Failure to provide in the process safety 

information reactivity data including the

flash point up to 200 degrees Fahrenheit 

(and method used), flammable limits (lower 

explosive limit and upper explosive limit), 

extinguishing media, special fire fighting 

procedures, or unusual fire and explosion 

hazards.

40 CFR 68.65(b)(4), 

N.J.A.C. 7:31-4.1(c)24i

500 1,000 2,500 NM

214. Failure to provide in the process safety 

information reactivity data including the

following thermodynamic and reaction 

kinetic data: heat of reaction, temperature at 

which instability (uncontrolled reaction, 

decomposition, and/or polymerization) 

initiates, and energy release rate data. 

40 CFR 68.65(b)(4), 

N.J.A.C. 7:31-4.1(c)24ii

500 1,000 2,500 NM

215. Failure to provide in the process safety 

information reactivity data including the 

incidental formation of byproducts that are 

reactive and unstable.

40 CFR 68.65(b)(4), 

N.J.A.C. 7:31-4.1(c)24iii

500 1,000 2,500 NM
This is a courtesy copy of this rule. All of the Department’s rules are compiled in Title 7 of the New Jersey Administrative Code.

 - 169 - Rev. 9

Categories of Offense Cite First

Offense

Second

Offense

Subsequent

Offenses 

Type of

Violation

Grace

Period

(days)

215A Failure to provide in the process safety 

information reactivity data including for 

covered RHS mixtures, detailed reactivity 

data including the rate of pressure rise

(dP/dt), the rate of temperature rise (dT/dt), 

and the onset temperature at which the rate 

of temperature change due to uncontrolled 

reaction, decomposition, change in 

molecular structure, or polymerization 

exceeds 0.01 degrees Celsius per minute, all 

of which are corrected to a thermal inertia 

( ) of 1.0.

40 CFR 68.65(b)(4), 

N.J.A.C. 7:31-4.1(c)24iv

500 1,000 2,500 NM

216. Failure to include corrosivity data in the 

process safety information pertaining to the 

hazards of the regulated substances in the 

process. 

40 CFR 68.65(b)(5), 

N.J.A.C. 7:31-4.1(a)

500 1,000 2,500 NM

217. Failure to provide in the process safety 

information thermal and chemical stability 

data including stability (unstable or stable), 

conditions to avoid (for instability), 

incompatibility (materials to avoid), 

hazardous decomposition (products or 

byproducts), hazardous polymerization 

(may occur or will not occur), and 

conditions to avoid (for polymerization).

 

40 CFR 68.65(b)(6), 

N.J.A.C. 7:31-4.1(c)25

500 1,000 2,500 NM

218. Failure to provide in the process safety 

information hazardous effects of inadvertent 

mixing of different materials that could 

foreseeably occur including the 

explosive/flammable effects and 

information showing the identity of 

potential toxic or flammable EHSs capable 

of being generated for individual RHSs 

listed at N.J.A.C. 7:31-6.3(a) Table I, Part 

D, Group I due to inadvertent mixing with 

incompatible substances, decomposition, 

and self-reaction.

40 CFR 68.65(b)(7), 

N.J.A.C. 7:31-4.1(c)26

500 1,000 2,500 NM

219. Failure to include a block flow diagram or 

process flow diagram in the process safety 

information pertaining to the technology of 

the process. 

40 CFR 68.65(c)(1)(i), 

N.J.A.C. 7:31-4.1(c)(1)

500 1,000 2,500 NM
This is a courtesy copy of this rule. All of the Department’s rules are compiled in Title 7 of the New Jersey Administrative Code.

 - 170 - Rev. 9

Categories of Offense Cite First

Offense

Second

Offense

Subsequent

Offenses 

Type of

Violation

Grace

Period

(days)

220. Failure to include process chemistry in the 

process safety information pertaining to the 

technology of the process. 

 

40 CFR 68.65(c)(1)(ii), 

N.J.A.C. 7:31-4.1(a)

500 1,000 2,500 NM

221. Failure to include maximum intended 

inventory in the process safety information 

pertaining to the technology of the process. 

40 CFR 68.65(c)(1)(iii), 

N.J.A.C. 7:31-4.1(a)

500 1,000 2,500 NM

222. Failure to include safe upper and lower 

limits for such items as temperatures, 

pressures, flows or compositions in the 

process safety information pertaining to the 

technology of the process. 

40 CFR 68.65(c)(1)(iv), 

N.J.A.C. 7:31-4.1(a)

500 1,000 2,500 NM

223. Failure to include an evaluation of the 

consequences of deviations in the process 

safety information pertaining to the 

technology of the process. 

40 CFR 68.65(c)(1)(v), 

N.J.A.C. 7:31-4.1(a)

500 1,000 2,500 NM

224. Failure to develop technical information in 

conjunction with the process hazard 

analysis in sufficient detail to support the 

analysis when the original technical 

information no longer exists. 

40 CFR 68.65(c)(2), 

N.J.A.C. 7:31-4.1(a)

500 1,000 2,500 NM

225. Failure to include equipment specifications 

including materials of construction in the 

process safety information pertaining to the 

equipment in the process. 

40 CFR 68.65(d)(1)(i), 

N.J.A.C. 7:31-4.1(c) 2

500 1,000 2,500 NM

226. Failure to include piping and instrument 

diagrams (P&ID's) in the process safety 

information pertaining to the equipment in 

the process. 

40 CFR 68.65(d)(1)(ii), 

N.J.A.C. 7:31-4.1(a)

500 1,000 2,500 NM

227. Failure to include electrical classification in 

the process safety information pertaining to 

the equipment in the process. 

40 CFR 68.65(d)(1)(iii), 

N.J.A.C. 7:31-4.1(a)

500 1,000 2,500 NM

228. Failure to include relief system design and 

design basis in the process safety 

information pertaining to the equipment in 

the process. 

 

40 CFR 68.65(d)(1)(iv), 

N.J.A.C. 7:31-4.1(a)

500 1,000 2,500 NM
This is a courtesy copy of this rule. All of the Department’s rules are compiled in Title 7 of the New Jersey Administrative Code.

 - 171 - Rev. 9

Categories of Offense Cite First

Offense

Second

Offense

Subsequent

Offenses 

Type of

Violation

Grace

Period

(days)

229. Failure to include ventilation system design 

in the process safety information pertaining 

to the equipment in the process. 

40 CFR 68.65(d)(1)(v), 

N.J.A.C. 7:31-4.1(a)

500 1,000 2,500 NM

230. Failure to include design codes and 

standards employed in the process safety 

information pertaining to the equipment in 

the process. 

 

40 CFR 68.65(d)(1)(vi), 

N.J.A.C. 7:31-4.1(a)

500 1,000 2,500 NM

231. Failure to include material and energy 

balances for processes built after June 21, 

1999 in the process safety information 

pertaining to the equipment in the process. 

40 CFR 68.65(d)(1)(vii), 

N.J.A.C. 7:31-4.1(a)

500 1,000 2,500 NM

232. Failure to include safety systems (for 

example, interlocks, detection or 

suppression systems) in the process safety 

information pertaining to the equipment in 

the process. 

40 CFR 68.65(d)(1)(viii), 

N.J.A.C. 7:31-4.1(a)

500 1,000 2,500 NM

233. Failure to include electrical one-line 

diagrams relevant to the covered process 

and its potential releases in the process 

safety information pertaining to the 

equipment in the process. 

 

40 CFR 68.65(d)(1), 

N.J.A.C. 7:31-4.1(c)3i

500 1,000 2,500 NM

234. Failure to include a site plan in the process 

safety information pertaining to the 

equipment in the process. 

40 CFR 68.65(d)(1), 

N.J.A.C. 7:31-4.1(c)3ii

500 1,000 2,500 NM

235. Failure to include firewater system piping 

diagrams relevant to the covered process 

and its potential releases in the process 

safety information pertaining to the 

equipment in the process. 

40 CFR 68.65(d)(1), 

N.J.A.C. 7:31-4.1(c)3iii

500 1,000 2,500 NM

236. Failure to include sewer system piping 

diagrams relevant to the covered process 

and its potential releases in the process 

safety information pertaining to the 

equipment in the process. 

40 CFR 68.65(d)(1), 

N.J.A.C. 7:31-4.1(c)3iv

500 1,000 2,500 NM

237. Failure to include external forces and events 

data in the process safety information 

pertaining to the equipment in the process. 

40 CFR 68.65(d)(1), 

N.J.A.C. 7:31-4.1(c)3v

500 1,000 2,500 NM
This is a courtesy copy of this rule. All of the Department’s rules are compiled in Title 7 of the New Jersey Administrative Code.

 - 172 - Rev. 9

Categories of Offense Cite First

Offense

Second

Offense

Subsequent

Offenses 

Type of

Violation

Grace

Period

(days)

238. Failure to document that the equipment 

complies with recognized and generally 

accepted good engineering and operating 

practices.

 

40 CFR 68.65(d)(2), 

N.J.A.C. 7:31-4.1(c)4

500 1,000 2,500 NM

239. Failure to determine and document that 

existing equipment designed and 

constructed in accordance with codes, 

standards, or practices that are no longer in 

general use, is designed, maintained, 

inspected, tested, and operating in a safe 

manner. 

40 CFR 68.65(d)(3), 

N.J.A.C. 7:31-4.1(a)

500 1,000 2,500 NM

240. Failure to perform an initial process hazard 

analysis (PHA) with risk assessment (hazard 

evaluation) on processes covered by 40 

CFR 68 Subpart D as incorporated at 

N.J.A.C. 7:31-4.1.

or

Failure to perform a PHA with risk 

assessment appropriate to the complexity of 

the process and to identify, evaluate, and 

control the hazards involved in the process. 

or

Failure to determine and document the 

priority order for conducting PHA's with 

risk assessments based on a rationale which 

includes such considerations as extent of the 

process hazards, number of potentially 

affected employees and offsite public, age 

of the process, and operating history of the

process. 

40 CFR 68.67(a), 

N.J.A.C. 7:31-4.1(c)6

5,000 10,000 25,000 NM

241. Failure to use one or more of the 

methodologies listed at 40 CFR 68.67b(1)-

(7) incorporated at N.J.A.C. 7:31-4.1(a) to 

determine and evaluate the hazards of the 

process being analyzed. 

40 CFR 68.67(b)(1) 

through (7), N.J.A.C. 

7:31-4.1(a)

2,000 4,000 10,000 NM

242. Failure to address the hazards of the process 

in the process hazard analysis. 

40 CFR 68.67(c)(1), 

N.J.A.C. 7:31-4.1(a)

2,000 4,000 10,000 NM

243. Failure to address the identification of any 

previous incident which had a likely 

potential for catastrophic consequences in 

the process hazard analysis. 

40 CFR 68.67(c)(2), 

N.J.A.C. 7:31-4.1(a)

1,000 2,000 5,000 NM
This is a courtesy copy of this rule. All of the Department’s rules are compiled in Title 7 of the New Jersey Administrative Code.

 - 173 - Rev. 9

Categories of Offense Cite First

Offense

Second

Offense

Subsequent

Offenses 

Type of

Violation

Grace

Period

(days)

244. Failure to address in the process hazard 

analysis the engineering and administrative 

controls applicable to the hazards and their 

interrelationships such as appropriate 

application of detection methodologies to 

provide early warning of releases. 

40 CFR 68.67(c)(3), 

N.J.A.C. 7:31-4.1(a)

1,000 2,000 5,000 NM

245. Failure to address consequences of failure 

of engineering and administrative controls 

in the process hazard analysis. 

40 CFR 68.67(c)(4), 

N.J.A.C. 7:31-4.1(a)

1,000 2,000 5,000 NM

246. Failure to address stationary source siting in 

the process hazard analysis. 

40 CFR 68.67(c)(5), 

N.J.A.C. 7:31-4.1(a)

1,000 2,000 5,000 NM

247. Failure to address human factors in the 

process hazard analysis. 

40 CFR 68.67(c)(6), 

N.J.A.C. 7:31-4.1(a)

1,000 2,000 5,000 NM

248. Failure to address in the process hazard 

analysis a qualitative evaluation of a range 

of the possible safety and health effects of 

failure of controls. 

40 CFR 68.67(c)(7), 

N.J.A.C. 7:31-4.1(a)

1,000 2,000 5,000 NM

249. Failure to perform the process hazard 

analysis using a team with expertise in 

engineering and process operations which 

includes at least one employee who has 

experience and knowledge specific to the 

process being evaluated. 

or

Failure to perform the process hazard 

analysis using a team with at least one 

member who is knowledgeable in the 

specific process hazard analysis 

methodology being used. 

40 CFR 68.67(d), 

N.J.A.C. 7:31-4.1(a)

1,000 2,000 5,000 NM
This is a courtesy copy of this rule. All of the Department’s rules are compiled in Title 7 of the New Jersey Administrative Code.

 - 174 - Rev. 9

Categories of Offense Cite First

Offense

Second

Offense

Subsequent

Offenses 

Type of

Violation

Grace

Period

(days)

250. Failure to establish a system to promptly 

address the process hazard analysis team's 

findings and recommendations.

or

Failure to assure that the process hazard 

analysis team’s recommendations are 

resolved in a timely manner or that the 

resolution is documented.

or

Failure to document what actions are to be 

taken to resolve the process hazard analysis 

recommendations.

or

Failure to complete actions required by the 

process hazard analysis recommendations as

soon as possible.

or

Failure to develop a written schedule of 

when actions recommended in the process 

hazard analysis are to be completed.

or

Failure to communicate the actions 

recommended in the process hazard analysis 

to operating, maintenance and other 

employees whose work assignments are in 

the process and who may be affected by the 

recommendations or actions.

40 CFR 68.67(e), 

N.J.A.C. 7:31-4.1(a)

2,000 4,000 10,000 NM

251. Failure to update and revalidate the process 

hazard analysis (with risk assessment) at 

least every five years after the completion 

of the initial process hazard analysis (with 

risk assessment) using a team meeting the 

requirements in 40 CFR 68.67(d) as 

incorporated at N.J.A.C. 7:31-4.1(c)7 to 

assure that the process hazard analysis with 

risk assessment is consistent with the 

current process. 

40 CFR 68.67(f), 

N.J.A.C. 7:31-4.1(c)7

4,000 8,000 20,000 NM

252. Failure to retain process hazards analyses 

and updates or revalidations for each 

covered process, as well as the documented 

resolution of recommendations described in 

40 CFR 68.67(e) as incorporated at 

N.J.A.C. 7:31-4.1(a) for the life of the 

process.

40 CFR 68.67(g), 

N.J.A.C. 7:31-4.1(a)

2,000 4,000 10,000 NM
This is a courtesy copy of this rule. All of the Department’s rules are compiled in Title 7 of the New Jersey Administrative Code.

 - 175 - Rev. 9

Categories of Offense Cite First

Offense

Second

Offense

Subsequent

Offenses 

Type of

Violation

Grace

Period

(days)

253. Failure to perform a process hazard analysis 

with risk assessment.

N.J.A.C. 7:31-4.2(b) 5,000 10,000 25,000 NM

254. Failure to perform a process hazard analysis 

with risk assessment which includes the 

following: (1) identification of EHS 

equipment subject to the assessment, (2) the 

points of possible EHS release, (3) the 

corresponding approximate quantity of an 

instantaneous EHS release or the rate(s) and 

duration of a continuing EHS release, either 

steady or non-steady state, or (4) the 

corresponding cause of the EHS release. 

or 

Failure to base estimates of the quantity or 

rate and duration of a release on actual 

release mechanisms that reflect the 

operating procedures, safeguards, and 

mitigation equipment and procedures 

planned for new or modified covered 

processes or in place for existing covered 

processes.

N.J.A.C. 7:31-4.2(b)1 5,000 10,000 25,000 NM

255. Failure to include in the process hazard 

analysis with risk assessment consideration 

of toxicity, flammability, explosion and 

reactivity hazards applicable to the EHS; 

however, consideration of toxicity shall be 

required only for those EHSs which appear 

in N.J.A.C. 7:31-6.3(a), Table I, Parts A 

and/or B as a toxic substance.

or

Failure to consider in the process hazard 

analysis with risk assessment both the 

explosive/flammability hazard and the 

capability to generate a toxic EHS, as 

applicable to the RHS or RHS Mixture and 

process in which it is handled.

N.J.A.C. 7:31-4.2(b)2 5,000 10,000 25,000 NM
This is a courtesy copy of this rule. All of the Department’s rules are compiled in Title 7 of the New Jersey Administrative Code.

 - 176 - Rev. 9

Categories of Offense Cite First

Offense

Second

Offense

Subsequent

Offenses 

Type of

Violation

Grace

Period

(days)

256. Failure to identify all scenarios of toxic, 

flammable, and reactive hazards that have a 

potential offsite impact for the endpoint 

criteria defined at N.J.A.C. 7:31-4.2(b)3iii 

and iv using a consequence analysis 

consisting of dispersion analysis, thermal 

analysis and overpressure analysis as 

applicable to the EHS and scenario.

N.J.A.C. 7:31-4.2(b)3 2,000 4,000 10,000 NM

257. Failure to use the parameters of 1.5 meters 

per second wind speed measured at 10 

meters height and F atmospheric stability 

class for the consequence analysis of a 

process in the process hazard analysis with 

risk assessment.

N.J.A.C. 7:31-4.2(b)3i 2,000 4,000 10,000 NM

258. Failure to use all parameters listed for 

alternative scenarios at 40 CFR 68.22(c) 

through (g) for the consequence analysis of 

a process in the process hazard analysis 

with risk assessment.

N.J.A.C. 7:31-4.2(b)3ii 2,000 4,000 10,000 NM

259. Reserved

260. Failure to use the appropriate parameters 

for the consequence analysis of the process 

hazard analysis with risk assessment for the 

scenario being analyzed: the endpoint 

criteria of five times the toxicity endpoint as 

designated at N.J.A.C. 7:31-2.1(c)2 or the 

value of the ATC; five kW/m2 for 40 

seconds; the lower flammability limit; or 

2.3 psi overpressure.

N.J.A.C. 7:31-4.2(b)3iii 2,000 4,000 10,000 NM

261. Reserved

262. Failure to determine whether the likelihood 

of release occurrence is greater than or 

equal to 10-6per year. 

or

Failure to perform an evaluation of risk 

reduction measures which would reduce the 

likelihood or consequences of an EHS 

release if the likelihood of offsite impact is 

greater than or equal to 10-6per year.

N.J.A.C. 7:31-4.2(c)1 2,000 4,000 10,000 NM
This is a courtesy copy of this rule. All of the Department’s rules are compiled in Title 7 of the New Jersey Administrative Code.

 - 177 - Rev. 9

Categories of Offense Cite First

Offense

Second

Offense

Subsequent

Offenses 

Type of

Violation

Grace

Period

(days)

263. Failure to develop and implement a risk 

reduction plan for feasible risk reduction 

measures.

N.J.A.C. 7:31-4.2(c)3 2,000 4,000 10,000 NM

264. Failure to maintain documentation from the 

process hazard analysis with risk assessment 

including a table(s) setting forth the process 

hazard analysis results giving the release 

point and corresponding release scenario of 

the potential basic (initiating) and intermediate event sequences, the corresponding 

estimated quantity or rate and duration of 

releases, and the recommended resolution 

action based upon 40 CFR 68.67(e). 

N.J.A.C. 7:31-4.2(d)1 2,000 4,000 10,000 NM

265. Failure to maintain documentation from the 

process hazard analysis with risk assessment 

including table(s) summarizing each 

potential offsite release scenario identified 

including the scenario identification number 

and brief description. 

N.J.A.C. 7:31-4.2(d)2i 2,000 4,000 10,000 NM

266. Failure to maintain documentation from the 

process hazard analysis with risk assessment 

including table(s) summarizing each 

potential offsite release scenario identified 

including the rate and duration, or quantity, 

of potential release. 

N.J.A.C. 7:31-4.2(d)2ii 2,000 4,000 10,000 NM

267. Failure to maintain documentation from the 

process hazard analysis with risk assessment 

including table(s) summarizing each 

potential offsite release scenario identified 

including the distance to the endpoint 

determined in N.J.A.C. 7:31-4.2(b)3iii and 

the respective distance to the nearest 

property line. 

 

N.J.A.C. 7:31-4.2(d)2iii 2,000 4,000 10,000 NM

268. Failure to maintain documentation from the 

process hazard analysis with risk assessment

including table(s) summarizing each 

potential offsite release scenario identified 

including the release likelihood determined 

pursuant to N.J.A.C. 7:31-4.2(c)1. 

N.J.A.C. 7:31-4.2(d)2iv 2,000 4,000 10,000 NM
This is a courtesy copy of this rule. All of the Department’s rules are compiled in Title 7 of the New Jersey Administrative Code.

 - 178 - Rev. 9

Categories of Offense Cite First

Offense

Second

Offense

Subsequent

Offenses 

Type of

Violation

Grace

Period

(days)

269. Failure to maintain documentation from the 

process hazard analysis with risk assessment 

containing consequence analysis

information that identifies the consequence 

analysis model used. 

 

N.J.A.C. 7:31-4.2(d)3i 2,000 4,000 10,000 NM

270. Failure to maintain documentation from the 

process hazard analysis with risk assessment 

containing consequence analysis modeling 

information that includes printouts of the 

consequence analysis model inputs and 

outputs for a consequence analysis model 

other than the lookup tables provided in the 

EPA's RMP Offsite Consequence Analysis 

Guidance current as of the time the 

modeling was performed. 

 

N.J.A.C. 7:31-4.2(d)3ii 2,000 4,000 10,000 NM

271. Failure to maintain documentation from the 

process hazard analysis with risk assessment 

including documentation to justify the 

determination of why risk reduction 

measures are not feasible. . 

N.J.A.C. 7:31-4.2(d)4 2,000 4,000 10,000 NM

272. Failure to maintain documentation from the 

process hazard analysis with risk assessment 

including the resolution of the risk 

reduction measures in the risk reduction 

plan.

N.J.A.C. 7:31-4.2(d)5 2,000 4,000 10,000 NM

273. Failure to prepare a report of the process 

hazard analysis with risk assessment that 

includes an identification of the covered 

process that is the subject of the process 

hazard analysis with risk assessment; the 

name, position and affiliation of persons 

who performed the process hazard analysis 

with risk assessment; the date of 

completion; or the methodology used. 

N.J.A.C. 7:31-4.2(e)1 2,000 4,000 10,000 NM

274. Failure to prepare a report of the process 

hazard analysis with risk assessment that 

includes a description of each scenario 

identified in N.J.A.C. 7:31-4.2(b)3iii. 

 

N.J.A.C. 7:31-4.2(e)2 2,000 4,000 10,000 NM
This is a courtesy copy of this rule. All of the Department’s rules are compiled in Title 7 of the New Jersey Administrative Code.

 - 179 - Rev. 9

Categories of Offense Cite First

Offense

Second

Offense

Subsequent

Offenses 

Type of

Violation

Grace

Period

(days)

275. Failure to prepare a report of the process 

hazard analysis with risk assessment that 

includes the risk reduction plan developed 

pursuant to N.J.A.C. 7:31-4.2(c)2 and (d)1. 

N.J.A.C. 7:31-4.2(e)3 2,000 4,000 10,000 NM

276. Reserved.

277. Failure to develop and implement written 

operating procedures consistent with the 

process safety information that provide 

clear instructions for safely conducting 

activities involved in the covered process.

or

Failure to write the operating procedures in 

a manner and language that the EHS 

operators of a process are capable of 

understanding.

40 CFR 68.69(a),

N.J.A.C. 7:31-4.1(c)8

4,000 8,000 20,000 NM

278. Failure to address in the written operating 

procedures steps for each operating phase 

including initial startup. 

 

40 CFR 68.69(a)(1)i

N.J.A.C. 7:31-4.1(a)

1,000 2,000 5,000 NM

279. Failure to address in the written operating 

procedures steps for each operating phase 

including normal operations. 

40 CFR 68.69(a)(1)(ii),

N.J.A.C. 7:31-4.1(a)

1,000 2,000 5,000 NM

280. Failure to address in the operating written 

procedures steps for each operating phase 

including temporary operations. 

40 CFR 68.69(a)(1)(iii),

N.J.A.C. 7:31-4.1(a)

1,000 2,000 5,000 NM

281. Failure to address in the written operating 

procedures steps for emergency shutdown 

including the conditions under which 

emergency shutdown is required, and the 

assignment of shutdown responsibility to 

qualified operators to ensure that emergency 

shutdown is executed in a safe and timely 

manner. 

40 CFR 68.69(a)(1)(iv),

N.J.A.C. 7:31-4.1(a)

1,000 2,000 5,000 NM

282. Failure to address in the written operating 

procedures steps for each operating phase 

including emergency operations. 

 

40 CFR 68.69(a)(1)(v); 

N.J.A.C. 7:31-4.1(a)

1,000 2,000 5,000 NM

283. Failure to address in the written operating 

procedures steps for each operating phase 

including normal shutdown. 

 

40 CFR 68.69(a)(1)(vi), 

N.J.A.C. 7:31-4.1(a)

1,000 2,000 5,000 NM
This is a courtesy copy of this rule. All of the Department’s rules are compiled in Title 7 of the New Jersey Administrative Code.

 - 180 - Rev. 9

Categories of Offense Cite First

Offense

Second

Offense

Subsequent

Offenses 

Type of

Violation

Grace

Period

(days)

284. Failure to address in the written operating 

procedures steps for each operating phase 

including startup following a turnaround, or 

after an emergency shutdown. 

40 CFR 68.69(a)(1)(vii), 

N.J.A.C. 7:31-4.1(a)

1,000 2,000 5,000 NM

285. Failure to address in the written operating 

procedures operating limits including 

consequences of deviation. 

40 CFR 68.69(a)(2)(i), 

N.J.A.C. 7:31-4.1(a)

1,000 2,000 5,000 NM

286. Failure to address in the written operating 

procedures operating limits including steps 

required to correct or avoid deviation. 

40 CFR 68.69(a)(2)(ii), 

N.J.A.C. 7:31-4.1(a)

1,000 2,000 5,000 NM

287. Failure to address in the written operating 

procedures safety and health considerations 

including properties of, and hazards 

presented by, the chemicals used in the 

process. 

40 CFR 68.69(a)(3)(i), 

N.J.A.C. 7:31-4.1(a)

1,000 2,000 5,000 NM

288. Failure to address in the written operating 

procedures safety and health considerations 

containing precautions necessary to prevent 

exposure, including engineering controls, 

administrative controls, and personal 

protective equipment. 

40 CFR 68.69(a)(3)(ii), 

N.J.A.C. 7:31-4.1(a)

1,000 2,000 5,000 NM

289. Failure to address in the written operating 

procedures safety and health considerations 

including control measures to be taken if 

physical contact or airborne exposure 

occurs. 

40 CFR 68.69(a)(3)(iii), 

N.J.A.C. 7:31-4.1(a)

1,000 2,000 5,000 NM

290. Failure to address in the operating written 

procedures safety and health considerations 

including quality control for raw materials 

and control of hazardous chemical 

inventory levels. 

40 CFR 68.69(a)(3)(iv), 

N.J.A.C. 7:31-4.1(a)

1,000 2,000 5,000 NM

291. Failure to address in the written operating 

procedures safety and health considerations 

including any special or unique hazards. 

40 CFR 68.69(a)(3)(v), 

N.J.A.C. 7:31-4.1(a)

1,000 2,000 5,000 NM

292. Failure to address in the written operating 

procedures safety systems and their 

functions. 

40 CFR 68.69(a)(4), 

N.J.A.C. 7:31-4.1(a)

1,000 2,000 5,000 NM
This is a courtesy copy of this rule. All of the Department’s rules are compiled in Title 7 of the New Jersey Administrative Code.

 - 181 - Rev. 9

Categories of Offense Cite First

Offense

Second

Offense

Subsequent

Offenses 

Type of

Violation

Grace

Period

(days)

293. Failure to make operating procedures 

readily accessible to employees who work 

in or maintain the process. 

40 CFR 68.69(b), 

N.J.A.C. 7:31-4.1(a)

1,000 2,000 5,000 NM

294. Failure to review the operating procedures 

as often as necessary to assure that they 

reflect current operating practice, including 

changes that result from changes in process 

chemicals, technology, and equipment, and 

changes to the stationary source. 

40 CFR 68.69(c), 

N.J.A.C. 7:31-4.1(a)

1,000 2,000 5,000 NM

295. Failure to certify annually that the operating 

procedures are current and accurate.

 

40 CFR 68.69(c),

N.J.A.C. 7:31-4.1(a)

2,000 4,000 10,000 NM

296. Failure to develop and implement safe work 

practices that apply to employees and 

contractor employees that provide for the 

control of hazards during operations such as 

lockout/tagout; confined space entry; 

opening process equipment or piping; or 

control over entrance into the stationary 

source by maintenance, contractor, 

laboratory, or other support personnel.

40 CFR 68.69(d), 

N.J.A.C. 7:31-4.1(a)

2,000 4,000 10,000 NM

297. Failure to include in the standard operating 

procedures a process description defining 

the operation and showing flows, 

temperatures and pressures, or a reference 

to a document with this information. 

 

N.J.A.C. 7:31-4.3(b)1 500 1,000 2,500 NM

298. Failure to include in the standard operating 

procedures sampling procedures addressing 

apparatus and specific steps involved in the 

taking of samples. 

N.J.A.C. 7:31-4.3(b)2 500 1,000 2,500 NM

299. Failure to include in the standard operating 

procedures logsheets and checklists where 

appropriate to the operation. 

N.J.A.C. 7:31-4.3(b)3 500 1,000 2,500 NM

300. Failure to include in the standard operating 

procedures a statement as to the number of 

EHS operators required to meet safety 

needs for each operation that has shift 

coverage requirements. 

N.J.A.C. 7:31-4.3(b)4 500 1,000 2,500 NM
This is a courtesy copy of this rule. All of the Department’s rules are compiled in Title 7 of the New Jersey Administrative Code.

 - 182 - Rev. 9

Categories of Offense Cite First

Offense

Second

Offense

Subsequent

Offenses 

Type of

Violation

Grace

Period

(days)

301. Failure to include in the standard operating 

procedures a requirement that an EHS 

operator be in attendance at the facility to 

acknowledge alarms and take corrective 

action to prevent an accident at all times 

during EHS handling, use, manufacturing, 

storage or generation unless the conditions 

of N.J.A.C. 7:31-4.3(b)5i, are met.

or

Failure to provide EHS monitoring 

equipment with alarms reporting to a 

continuously attended station whose 

personnel are trained to take action to 

prevent an EHS accident.

N.J.A.C. 7:31-4.3(b)5i 500 1,000 2,500 NM

302. Failure to include in the standard operating 

procedures a requirement that an EHS 

operator be in attendance at the facility to 

acknowledge alarms and take corrective 

action to prevent an accident at all times 

during EHS handling, use, manufacturing, 

storage or generation unless the conditions 

of N.J.A.C. 7:31-4.3(b)5ii are met.

or

Failure to provide EHS monitoring 

equipment with alarms reporting to a 

continuously attended station whose 

personnel are trained to take action to 

prevent an EHS accident.

N.J.A.C. 7:31-4.3(b)5ii 500 1,000 2,500 NM

303. Failure to include in the standard operating 

procedures a requirement that an EHS 

operator be in attendance at the facility to 

acknowledge alarms and take corrective 

action to prevent an accident at all times 

during EHS handling, use, manufacturing, 

storage or generation unless the conditions 

of N.J.A.C. 7:31-4.3(b)5iii are met.

or

Failure to provide EHS monitoring 

equipment with alarms reporting to a 

continuously attended station, and failure to 

demonstrate that an EHS operator is not 

necessary during the specified activity by 

performing a risk assessment pursuant to 

N.J.A.C. 7:31-4.2. 

N.J.A.C. 7:31-4.3(b)5iii 500 1,000 2,500 NM
This is a courtesy copy of this rule. All of the Department’s rules are compiled in Title 7 of the New Jersey Administrative Code.

 - 183 - Rev. 9

Categories of Offense Cite First

Offense

Second

Offense

Subsequent

Offenses 

Type of

Violation

Grace

Period

(days)

304. Failure to include in the standard operating 

procedures a requirement that an EHS 

operator be in attendance at the facility to 

acknowledge alarms and take corrective 

action to prevent an accident at all times 

during EHS handling, use, manufacturing, 

storage or generation unless the conditions 

of N.J.A.C. 7:31-4.3(b)5iv are met.

or

Failure to implement anhydrous ammonia 

detection monitoring equipment capable of 

automatically isolating and shutting down 

EHS equipment and provided with alarms 

reporting to a continuously attended station 

whose personnel are trained to take action 

to prevent an EHS accident.

N.J.A.C. 7:31-4.3(b)5iv 500 1,000 2,500 NM

305. Failure to include in the standard operating 

procedures a table of contents or a system to 

index the standard operating procedures 

covering the items of 40 CFR 68.69(a) and 

N.J.A.C. 7:31-4.3(b)1 through 5 for each 

covered process. 

N.J.A.C. 7:31-4.3(b)6 500 1,000 2,500 M 30
This is a courtesy copy of this rule. All of the Department’s rules are compiled in Title 7 of the New Jersey Administrative Code.

 - 184 - Rev. 9

Categories of Offense Cite First

Offense

Second

Offense

Subsequent

Offenses 

Type of

Violation

Grace

Period

(days)

306. Failure to train each employee presently 

involved in operating a process in an 

overview of the process and in the operating 

procedures as specified in 40 CFR 68.69 as 

incorporated at N.J.A.C. 7:31-4.1(c)8. 

or

Failure to include in the training for 

employees presently involved in operating a 

process emphasis on the specific safety and 

health hazards, emergency operations 

including shutdown, and safe work practices 

applicable to the employee's job tasks. 

or

Failure to train each employee before being 

involved in operating a newly assigned 

process in an overview of the process and in 

the operating procedures as specified in 40 

CFR 68.69 as incorporated at N.J.A.C. 

7:31-4.1(c)8.

or

Failure to include in the training of a newly 

assigned employee emphasis on the specific 

safety and health hazards, emergency 

operations including shutdown, and safe 

work practices applicable to the employee's 

job tasks.

40 CFR 68.71(a)(1), 

N.J.A.C. 7:31-4.1(c) 

2,000 4,000 10,000 NM

307. Failure to certify in writing that an 

employee has the required knowledge, 

skills, and abilities to safely carry out the 

duties and responsibilities as specified in 

the operating procedures in lieu of initial 

training for those employees already 

involved in operating a process on June 21, 

1999. 

40 CFR 68.71(a)(2), 

N.J.A.C. 7:31-4.1(a)

2,000 4,000 10,000 NM
This is a courtesy copy of this rule. All of the Department’s rules are compiled in Title 7 of the New Jersey Administrative Code.

 - 185 - Rev. 9

Categories of Offense Cite First

Offense

Second

Offense

Subsequent

Offenses 

Type of

Violation

Grace

Period

(days)

308. Failure to provide refresher training at least 

every three years and more often as 

necessary to each employee involved in 

operating a process to assure that the 

employee understands and adheres to the 

current operating procedures of the process. 

or

Failure to determine, in consultation with 

the employees involved in operating the 

process, the appropriate frequency of 

refresher training.

 

40 CFR 68.71(b), 

N.J.A.C. 7:31-4.1(a)

2,000 4,000 10,000 NM

309. Failure to ascertain that each employee 

involved in operating a process has received 

and understood the required training. 

40 CFR 68.71(c), 

N.J.A.C. 7:31-4.1(a) 

500 1,000 2,500 NM

310. Failure to prepare a record which contains 

the identity of the employee, the date of 

training, and the means used to verify that 

the employee understood the training. 

40 CFR 68.71(c), 

N.J.A.C. 7:31-4.1(a)

1,000 2,000 5,000 NM

311. Failure to provide a written job description 

which includes the duties and 

responsibilities for each EHS operator 

position. 

N.J.A.C. 7:31-4.4(b) 500 1,000 2,500 NM

312. Failure to specify the qualifications required 

for the personnel responsible for training 

EHS operators. 

N.J.A.C. 7:31-4.4(c) 500 1,000 2,500 NM

313. Failure to apply paragraphs 40 CFR 

68.73(b) through (f) as incorporated at 

N.J.A.C. 7:31-4.1(a) to pressure vessels and 

storage tanks.

40 CFR 68.73(a)(1), 

N.J.A.C. 7:31-4.1(a)

1,000 2,000 5,000 NM

314. Failure to apply paragraphs 40 CFR 

68.73(b) through (f) as incorporated at 

N.J.A.C. 7:31-4.1(a) to piping systems 

(including piping components such as 

valves). 

40 CFR 68.73(a)(2), 

N.J.A.C. 7:31-4.1(a)

1,000 2,000 5,000 NM

315. Failure to apply paragraphs 40 CFR 

68.73(b) through (f) as incorporated at 

N.J.A.C. 7:31-4.1(a) to relief and vent 

systems and devices. 

40 CFR 68.73(a)(3), 

N.J.A.C. 7:31-4.1(a)

1,000 2,000 5,000 NM
This is a courtesy copy of this rule. All of the Department’s rules are compiled in Title 7 of the New Jersey Administrative Code.

 - 186 - Rev. 9

Categories of Offense Cite First

Offense

Second

Offense

Subsequent

Offenses 

Type of

Violation

Grace

Period

(days)

316. Failure to apply paragraphs 40 CFR 

68.73(b) through (f) as incorporated at 

N.J.A.C. 7:31-4.1(a) to emergency 

shutdown systems.

 

40 CFR 68.73(a)(4), 

N.J.A.C. 7:31-4.1(a)

1,000 2,000 5,000 NM

317. Failure to apply paragraphs 40 CFR 

68.73(b) through (f) as incorporated at 

N.J.A.C. 7:31-4.1(a) to controls (including 

monitoring devices and sensors, alarms, and 

interlocks). 

40 CFR 68.73(a)(5), 

N.J.A.C. 7:31-4.1(a)

1,000 2,000 5,000 NM

318. Failure to apply paragraphs 40 CFR 

68.73(b) through (f) as incorporated at 

N.J.A.C. 7:31-4.1(a) to pumps. 

40 CFR 68.73(a)(6), 

N.J.A.C. 7:31-4.1(a)

1,000 2,000 5,000 NM

319. Failure to apply paragraphs 40 CFR 

68.73(b) through (f) as incorporated at 

N.J.A.C. 7:31-4.1(c)11 to all EHS 

equipment. 

40 CFR 68.73(a)(6), 

N.J.A.C. 7:31-4.1(c)11i

1,000 2,000 5,000 NM

320. Failure to apply paragraphs 40 CFR 

68.73(b) through (f) as incorporated at 

N.J.A.C. 7:31-4.1(c)11 to standby 

emergency equipment such as power 

generators, fire pumps, and lighting. 

40 CFR 68.73(a)(6), 

N.J.A.C. 7:31-4.1(c)11ii

1,000 2,000 5,000 NM

321. Failure to apply paragraphs 40 CFR 

68.73(b) through (f) as incorporated at 

N.J.A.C. 7:31-4.1(c)11 to electrical 

grounding systems. 

40 CFR 68.73(a)(6), 

N.J.A.C. 7:31-4.1(c)11iii

1,000 2,000 5,000 NM

322. Failure to establish and implement written 

procedures to maintain the on-going 

integrity of process equipment. 

or

Failure to establish and implement a written 

procedure to periodically review, document, 

and approve delays in conducting 

preventive maintenance of EHS equipment.

40 CFR 68.73(b), 

N.J.A.C. 7:31-4.1(a)

2,000 4,000 10,000 NM
This is a courtesy copy of this rule. All of the Department’s rules are compiled in Title 7 of the New Jersey Administrative Code.

 - 187 - Rev. 9

Categories of Offense Cite First

Offense

Second

Offense

Subsequent

Offenses 

Type of

Violation

Grace

Period

(days)

323. Failure to train each employee involved in 

maintaining the on-going integrity of 

process equipment in an overview of that 

process and its hazards and in the 

procedures applicable to the employee's job 

tasks to assure that the employee can 

perform the job tasks in a safe manner. 

40 CFR 68.73(c), 

N.J.A.C. 7:31-4.1(a)

2,000 4,000 10,000 NM

324. Failure to perform inspections and tests on 

process equipment. 

40 CFR 68.73(d)(1), 

N.J.A.C. 7:31-4.1(a)

2,000 4,000 10,000 NM

325. Failure to follow recognized and generally 

accepted good engineering practices for 

inspection and testing procedures. 

40 CFR 68.73(d)(2), 

N.J.A.C. 7:31-4.1(a)

1,000 2,000 5,000 NM

326. Failure to make the frequency of inspections 

and tests of process equipment consistent 

with applicable manufacturers' 

recommendations and good engineering 

practices, and to increase frequency when 

determined to be necessary by prior 

operating experience. 

40 CFR 68.73(d)(3), 

N.J.A.C. 7:31-4.1(a)

1,000 2,000 5,000 NM

327. Failure to document each inspection and 

test that has been performed on process 

equipment. 

or

Failure to identify in the maintenance 

documentation the date of an inspection or 

test, the name of the person who performed 

the inspection or test, the serial number or 

other identifier of the equipment on which 

the inspection or test was performed, a 

description of the inspection or test 

performed, or the results of the inspection 

or test. 

40 CFR 68.73(d)(4), 

N.J.A.C. 7:31-4.1(a)

500 1,000 2,500 NM
This is a courtesy copy of this rule. All of the Department’s rules are compiled in Title 7 of the New Jersey Administrative Code.

 - 188 - Rev. 9

Categories of Offense Cite First

Offense

Second

Offense

Subsequent

Offenses 

Type of

Violation

Grace

Period

(days)

328. Failure to correct deficiencies in equipment 

that are outside acceptable limits (defined 

by the process safety information in 40 CFR 

68.65 as incorporated at N.J.A.C. 7:31-

4.1(a)) before further use or in a safe and 

timely manner when necessary means are 

taken to assure safe operation. 

or

Failure to correct a deficiency within three 

months without providing a written 

justification including an explanation of the 

necessary means taken to ensure safe 

operation.

40 CFR 68.73(e), 

N.J.A.C. 7:31-4.1(a)

2,000 4,000 10,000 NM

329. Failure, in the construction of new plants 

and equipment, to assure that equipment as 

it is fabricated is suitable for the process 

application for which it will be used. 

40 CFR 68.73(f)(1), 

N.J.A.C. 7:31-4.1(a)

1,000 2,000 5,000 NM

330. Failure to perform appropriate checks and 

inspections to assure that equipment is 

installed properly and consistent with 

design specifications and the manufacturer's 

instructions. 

40 CFR 68.73(f)(2), 

N.J.A.C. 7:31-4.1(a)

1,000 2,000 5,000 NM

331. Failure to assure that maintenance materials, 

spare parts and equipment are suitable for 

the process application for which they will 

be used.

 

40 CFR 68.73(f)(3), 

N.J.A.C. 7:31-4.1(a)

1,000 2,000 5,000 NM

332. Failure to implement a system for 

maintaining accurate records of all 

inspections, breakdowns, repairs and 

replacements of EHS equipment with the 

means of data retrieval and analysis to 

determine the frequency of inspections and 

tests and to evaluate equipment reliability. 

N.J.A.C. 7:31-4.5(b) 2,000 4,000 10,000 NM

333. Failure to establish and implement written 

procedures to manage changes (except for 

“replacements in kind”) to process 

chemicals, technology, equipment, 

procedure, or other changes to stationary 

sources that affect a covered process. 

40 CFR 68.75(a), 

N.J.A.C. 7:31-4.1(a)

2,000 4,000 10,000 NM
This is a courtesy copy of this rule. All of the Department’s rules are compiled in Title 7 of the New Jersey Administrative Code.

 - 189 - Rev. 9

Categories of Offense Cite First

Offense

Second

Offense

Subsequent

Offenses 

Type of

Violation

Grace

Period

(days)

334. Failure to assure in the management of 

change procedures that the technical basis 

for the proposed change is addressed prior 

to implementing the change. 

40 CFR 68.75(b)(1), 

N.J.A.C. 7:31-4.1(a)

1,000 2,000 5,000 NM

335. Failure to assure in the management of 

change procedures that the impact of the 

proposed change on safety and health and 

preventive maintenance procedures is 

addressed prior to implementing the change. 

 

40 CFR 68.75(b)(2), 

N.J.A.C. 7:31-4.1(c)12

1,000 2,000 5,000 NM

336. Failure to assure in the management of 

change procedures that modifications to 

operating procedures are addressed prior to 

implementing the change. 

40 CFR 68.75(b)(3), 

N.J.A.C. 7:31-4.1(a)

1,000 2,000 5,000 NM

337. Failure to assure in the management of 

change procedures that the necessary time 

period for the change is addressed prior to 

implementing the change. 

40 CFR 68.75(b)(4), 

N.J.A.C. 7:31-4.1(a)

1,000 2,000 5,000 NM

338. Failure to assure in the management of 

change procedures that the authorization 

requirements for the proposed change are 

addressed prior to implementing the change. 

 

40 CFR 68.75(b)(5), 

N.J.A.C. 7:31-4.1(a)

1,000 2,000 5,000 NM

339. Failure to train and inform employees 

involved in operating a process and 

maintenance and contract employees whose 

job tasks will be affected by a change in the 

process on a change prior to start-up of the 

changed process or the affected part of the 

process. 

40 CFR 68.75(c), 

N.J.A.C. 7:31-4.1(a)

1,000 2,000 5,000 NM

340. Failure to update the process safety 

information required by 40 CFR 68.65 as 

incorporated at N.J.A.C. 7:31-4.1 to reflect 

changes in such information. 

 

40 CFR 68.75(d), 

N.J.A.C. 7:31-4.1(a)

1,000 2,000 5,000 NM

341. Failure to update the operating procedures 

or practices for a change covered by 40 

CFR 68.75 as incorporated at N.J.A.C. 

7:31-4.1 that resulted in a change in the 

operating procedures or practices. 

40 CFR 68.75(e), 

N.J.A.C. 7:31-4.1(a)

1,000 2,000 5,000 NM
This is a courtesy copy of this rule. All of the Department’s rules are compiled in Title 7 of the New Jersey Administrative Code.

 - 190 - Rev. 9

Categories of Offense Cite First

Offense

Second

Offense

Subsequent

Offenses 

Type of

Violation

Grace

Period

(days)

342. Failure to identify the associated release 

scenarios and changes in rate, duration or 

quantity for a change in the covered process 

or procedures that resulted in an increase in 

rate, duration or quantity, or release 

frequency.

 

N.J.A.C. 7:31-4.6(b) 1,000 2,000 5,000 NM

343. Failure to analyze the associated release 

scenarios for a change in the covered 

process or procedures that resulted in an 

increase in rate, duration and quantity, or 

release frequency in accordance with the 

parameters and methods required at 

N.J.A.C. 7:31-4.2 to determine whether a 

criterion endpoint defined at N.J.A.C. 7:31-

4.2(b)3iv extends beyond the stationary 

source boundary. 

N.J.A.C. 7:31-4.6(b) 2,000 4,000 10,000 NM

344. Failure to prepare or update the 

documentation and report required by 

N.J.A.C. 7:31-4.2(d) and (e) prior to 

implementing a change for a release 

scenario that results in a criterion endpoint 

extending beyond the stationary source 

boundary. 

N.J.A.C. 7:31-4.6(c) 4,000 8,000 20,000 NM

345. Failure to require in the management of 

change temporary change procedure a 

description of the temporary change to be 

made. 

N.J.A.C. 7:31-4.6(d)1i 2,000 4,000 10,000 NM

346. Failure to require in the management of 

change temporary change procedure a 

description of the temporary change that 

includes identification of the EHS 

equipment, piping and instrument 

diagram(s), and standard operating 

procedure(s) affected by the temporary 

change. 

N.J.A.C. 7:31-4.6(d)1ii 2,000 4,000 10,000 NM

347. Failure to require in the management of 

change temporary change procedure a 

description of the temporary change 

including the reason for the temporary 

change.

N.J.A.C. 7:31-4.6(d)1iii 2,000 4,000 10,000 M 30
This is a courtesy copy of this rule. All of the Department’s rules are compiled in Title 7 of the New Jersey Administrative Code.

 - 191 - Rev. 9

Categories of Offense Cite First

Offense

Second

Offense

Subsequent

Offenses 

Type of

Violation

Grace

Period

(days)

348. Failure to require in the management of 

change temporary change procedure the 

authorization of the temporary change by 

the appropriate person specified in the 

management system developed pursuant to 

40 CFR 68.15(c) as incorporated at 

N.J.A.C. 7:31-1.1(c).

 

N.J.A.C. 7:31-4.6(d)2 2,000 4,000 10,000 NM

349. Failure to require in the management of 

change temporary change procedure the 

notification of all personnel affected by the 

temporary change. 

N.J.A.C. 7:31-4.6(d)3 2,000 4,000 10,000 NM

350. Failure to require in the management of 

change temporary change procedure the 

implementation of appropriate safety 

precautions while the temporary change is 

in EHS service. 

N.J.A.C. 7:31-4.6(d)4 2,000 4,000 10,000 NM

351. Failure to require in the management of 

change temporary change procedure the 

time limit for the temporary change. 

or

Failure to comply with all requirements of 

40 CFR 68.75 with changes specified at 

N.J.A.C. 7:31-4.1(c)12 and N.J.A.C. 7:31-

4.6(a), (b), and (c) for a temporary change 

that exceeded the time limit specified in the 

management of change procedures. 

N.J.A.C. 7:31-4.6(d)5 2,000 4,000 10,000 NM

352. Failure to include in the management of 

change temporary change procedure a 

requirement to ensure that the equipment 

and procedures are returned to their original 

or designed conditions at the end of the 

temporary change. 

N.J.A.C. 7:31-4.6(d)6 2,000 4,000 10,000 NM

353. Failure to perform a pre-startup safety 

review for new stationary sources or 

modified stationary sources for a 

modification significant enough to require a 

change in the process safety information. 

40 CFR 68.77(a), 

N.J.A.C. 7:31-4.1(a) 

4,000 8,000 20,000 NM
This is a courtesy copy of this rule. All of the Department’s rules are compiled in Title 7 of the New Jersey Administrative Code.

 - 192 - Rev. 9

Categories of Offense Cite First

Offense

Second

Offense

Subsequent

Offenses 

Type of

Violation

Grace

Period

(days)

354. Failure to confirm in a pre-startup safety 

review that prior to the introduction of 

regulated substances to a process, 

construction and equipment are in 

accordance with design specifications. 

40 CFR 68.77(b)(1), 

N.J.A.C. 7:31-4.1(a)

2,000 4,000 10,000 NM

355. Failure to confirm in a pre-startup safety 

review that prior to the introduction of 

regulated substances to a process, safety, 

operating, maintenance, and emergency 

procedures are in place and are adequate. 

40 CFR 68.77(b)(2), 

N.J.A.C. 7:31-4.1(a)

2,000 4,000 10,000 NM

356. Failure to confirm in a pre-startup safety 

review that prior to the introduction of 

regulated substances to a process for a new 

stationary source, a process hazard analysis 

has been performed and recommendations 

have been resolved or implemented before 

startup.

or

Failure to confirm in a pre-startup safety 

review that modified stationary sources 

meet the management of change 

requirements contained in at 40 CFR 68.75 

incorporated at N.J.A.C. 7:31-4.1(a).

40 CFR 68.77(b)(3), 

N.J.A.C. 7:31-4.1(a)

2,000 4,000 10,000 NM

357. Failure to confirm in a pre-startup safety 

review that prior to the introduction of 

regulated substances to a process, training 

of each employee involved in operating the 

process has been completed. 

40 CFR 68.77(b)(4), 

N.J.A.C. 7:31-4.1(a)

2,000 4,000 10,000 NM

358. Failure to conduct a safety review of design 

for new EHS equipment in a new covered 

process prior to construction and to 

document that the design of the covered 

process follows design and operating 

standards as reflected in the process safety 

information compiled in accordance with 40 

CFR 68.65 with changes specified at 

N.J.A.C. 7:31-4.1(c)1 through 4. 

N.J.A.C. 7:31-4.7(b) 2,000 4,000 10,000 NM

359. Failure to prepare a written report for the 

safety review of design for a new covered 

process.

N.J.A.C. 7:31-4.7(c) 2,000 4,000 10,000 NM
This is a courtesy copy of this rule. All of the Department’s rules are compiled in Title 7 of the New Jersey Administrative Code.

 - 193 - Rev. 9

Categories of Offense Cite First

Offense

Second

Offense

Subsequent

Offenses 

Type of

Violation

Grace

Period

(days)

360. Failure to include in the written report for 

each safety review performed pursuant to 

N.J.A.C. 7:31-4.7(b) the date of the report 

or an identification of the covered process, 

the process safety information, or the 

standard operating procedures reviewed. 

N.J.A.C. 7:31-4.7(c)1 500 1,000 2,500 M 30

361. Failure to include in the written report for 

each safety review performed pursuant to 

N.J.A.C. 7:31-4.7(b) an identification of the 

codes and standards upon which the 

covered process design and operations were 

based. 

N.J.A.C. 7:31-4.7(c)2 500 1,000 2,500 M 30

362. Failure to include in the written report for 

each safety review performed pursuant to 

N.J.A.C. 7:31-4.7(b) the names of the 

person(s) who performed the safety review. 

N.J.A.C. 7:31-4.7(c)3 500 1,000 2,500 M 30

363. Failure to include in the written report for 

each safety review performed pursuant to 

N.J.A.C. 7:31-4.7(b) the deviations from the

design and operating codes and standards 

that were found with an appropriate 

description of the resolution of each 

deviation. 

N.J.A.C. 7:31-4.7(c)4 500 1,000 2,500 M 30

364. Failure to conduct and document a prestartup safety review prior to placing a new 

or modified covered process into EHS 

service. 

N.J.A.C. 7:31-4.7(d) 4,000 8,000 20,000 NM

365. Failure to prepare a written report for each 

pre-startup safety review.

N.J.A.C. 7:31-4.7(e) 2,000 4,000 10,000 NM

366. Failure to prepare a written report for each 

pre-startup safety review performed 

pursuant to N.J.A.C. 7:31-4.7(d) that 

includes the date of the report and an 

identification of the covered process. 

N.J.A.C. 7:31-4.7(e)1 1,000 2,000 5,000 M 30
This is a courtesy copy of this rule. All of the Department’s rules are compiled in Title 7 of the New Jersey Administrative Code.

 - 194 - Rev. 9

Categories of Offense Cite First

Offense

Second

Offense

Subsequent

Offenses 

Type of

Violation

Grace

Period

(days)

367. Failure to include in the written report for 

each pre-startup safety review performed 

pursuant to N.J.A.C. 7:31-4.7(d) 

documentation that all the requirements of 

40 CFR 68.77(b) as incorporated at 

N.J.A.C. 7:31-4.1(a) have been completed 

prior to the startup of the new or modified 

covered process.

 

N.J.A.C. 7:31-4.7(e)2 500 1,000 2,500 M 30

368. Failure to conduct a compliance audit and 

certify that compliance with the provisions 

of 40 CFR Subpart D incorporated at 

N.J.A.C. 7:31-4 has been evaluated at least 

every year to verify that the procedures and 

practices developed are adequate and are 

being followed. 

or

Failure to verify that the process technology 

and equipment, as built and operated, are in 

accordance with the process safety 

information prepared pursuant to 40 CFR 

68.65(c) and (d) as incorporated with 

changes at N.J.A.C. 7:31-4.1(c)1 through 4.

40 CFR 68.79(a), 

N.J.A.C. 7:31-4.1(c)13

4,000 8,000 20,000 NM

369. Failure to conduct the compliance audit 

with at least one person knowledgeable in 

the process.

40 CFR 68.79(b), 

N.J.A.C. 7:31-4.1(a)

1,000 2,000 5,000 NM

370. Failure to develop a report of the findings of

the audit. 

40 CFR 68.79(c), 

N.J.A.C. 7:31-4.1(c)14

1,000 2,000 5,000 NM

371. Failure to include in the report of the 

findings of the audit the scope, audit 

techniques, methods used, or the names of 

the audit participants.

40 CFR 68.79(c),

N.J.A.C. 7:31-4.1(c)14

1,000 2,000 5,000 M 30

372. Failure to promptly determine and 

document an appropriate response to each 

of the findings of the compliance audit. 

or

Failure to document that deficiencies 

identified during the compliance audit have 

been corrected. 

40 CFR 68.79(d), 

N.J.A.C. 7:31-4.1(a)

1,000 2,000 5,000 NM

373. Failure to retain the two (2) most recent 

compliance audit reports. 

40 CFR 68.79(e), 

N.J.A.C. 7:31-4.1(a)

1,000 2,000 5,000 NM
This is a courtesy copy of this rule. All of the Department’s rules are compiled in Title 7 of the New Jersey Administrative Code.

 - 195 - Rev. 9

Categories of Offense Cite First

Offense

Second

Offense

Subsequent

Offenses 

Type of

Violation

Grace

Period

(days)

374. Failure to investigate each EHS accident or 

potential catastrophic event. 

40 CFR 68.81(a), 

N.J.A.C. 7:31-4.1(c)16

2,000 4,000 10,000 NM

375. Failure to initiate an EHS accident or 

potential catastrophic event investigation as 

promptly as possible, but not later than 48 

hours following the incident. 

40 CFR 68.81(b), 

N.J.A.C. 7:31-4.1(c)15

1,000 2,000 5,000 NM

376. Failure to establish an EHS accident or

potential catastrophic event investigation 

team that consists of at least one person 

knowledgeable in the process involved, 

including a contract employee if the 

incident involved work of a contractor, and 

other persons with appropriate knowledge 

and experience to thoroughly investigate 

and analyze the incident. 

40 CFR 68.81(c), 

N.J.A.C. 7:31-4.1(c)15

1,000 2,000 5,000 NM

377. Failure to prepare a report at the conclusion 

of the EHS accident or potential catastrophe 

event investigation.

40 CFR 68.81(d)

N.J.A.C. 7:31-4.1 (c) 15 

and 17

1,000 2,000 5,000 NM

378. Failure to prepare a report at the conclusion 

of the investigation which includes the date, 

time, or location of the EHS accident or 

potential catastrophic event. 

40 CFR 68.81(d)(1), 

N.J.A.C. 7:31-4.1(c)15 

and 17

1,000 2,000 5,000 M 30

379. Failure to prepare a report at the conclusion 

of the EHS accident or potential 

catastrophic event investigation which 

includes the date the investigation began. 

40 CFR 68.81(d)(2), 

N.J.A.C. 7:31-4.1(a)

1,000 2,000 5,000 M 30
This is a courtesy copy of this rule. All of the Department’s rules are compiled in Title 7 of the New Jersey Administrative Code.

 - 196 - Rev. 9

Categories of Offense Cite First

Offense

Second

Offense

Subsequent

Offenses 

Type of

Violation

Grace

Period

(days)

380. Failure to prepare a report at the conclusion 

of the EHS accident or potential 

catastrophic event investigation which 

includes a description of the EHS accident 

or potential catastrophic event in 

chronological order providing all the 

relevant facts. 

or 

Failure to include the identity, amount and 

duration of the EHS release when these 

facts could reasonably be determined based 

on the information obtained through the 

EHS accident or potential catastrophic 

event investigation. 

or

Failure to identify consequences of the EHS 

accident or potential catastrophic event 

including the number of evacuees, injured, 

fatalities, or the impact on the community.

40 CFR 68.81(d)(3), 

N.J.A.C. 7:31-4.1(c)15 

and 18

1,000 2,000 5,000 NM

381. Failure to prepare a report at the conclusion 

of the investigation which includes the 

factors that contributed to the EHS accident 

or potential catastrophic event and an 

identification of basic and contributory 

causes, either direct or indirect. 

40 CFR 68.81(d)(4),

N.J.A.C. 7:31-4.1(c)15 

and 19

1,000 2,000 5,000 NM

382. Failure to prepare a report prepared at the 

conclusion of the EHS accident or potential 

catastrophic event investigation which 

includes any recommendations resulting 

from the investigation to prevent a 

recurrence. 

40 CFR 68.81(d)(5), 

N.J.A.C. 7:31-4.1(c)20

1,000 2,000 5,000 NM

383. Failure to prepare a report at the conclusion 

of the EHS accident or potential 

catastrophic event investigation which 

includes the names and position titles of the 

investigators. 

40 CFR 68.81(d)(5), 

N.J.A.C. 7:31-4.1(c)21i

1,000 2,000 5,000 M 30

384. Failure to establish a system to promptly 

address and resolve the EHS accident or 

potential catastrophic event report findings 

and recommendations. 

40 CFR 68.81(e), 

N.J.A.C. 7:31-4.1(c)15

2,000 4,000 10,000 NM
This is a courtesy copy of this rule. All of the Department’s rules are compiled in Title 7 of the New Jersey Administrative Code.

 - 197 - Rev. 9

Categories of Offense Cite First

Offense

Second

Offense

Subsequent

Offenses 

Type of

Violation

Grace

Period

(days)

385. Failure to document EHS accident or 

potential catastrophic event investigation 

resolutions and corrective actions. 

40 CFR 68.81(e), 

N.J.A.C. 7:31-4.1(c)15

1,000 2,000 5,000 NM

386. Failure to review the investigation report 

with all affected personnel whose job tasks 

are relevant to the EHS accident or potential 

catastrophic event findings including 

contract employees, where applicable. 

40 CFR 68.81(f), 

N.J.A.C. 7:31-4.1(c)15

1,000 2,000 5,000 NM

387. Failure to retain EHS accident or potential 

catastrophic event investigation reports for 

five years. 

40 CFR 68.81(g), 

N.J.A.C. 7:31-4.1(c)15

2,000 4,000 10,000 NM

388. Failure to develop a written plan of action 

regarding the implementation of the 

employee participation required by 40 CFR 

68.83 as incorporated at N.J.A.C. 7:31-

4.1(a). 

40 CFR 68.83(a), 

N.J.A.C. 7:31-4.1(a)

2,000 4,000 10,000 NM

389. Failure to consult with employees and their 

representatives on the conduct and 

development of process hazards analyses 

with risk assessments and on the 

development of the other elements of 

process safety management in this rule. 

40 CFR 68.83(b), 

N.J.A.C. 7:31-4.1(c)22

1,000 2,000 5,000 NM

390. Failure to provide to employees and their 

representatives access to process hazard 

analyses with risk assessments and to all 

other information required to be developed 

under this rule. 

40 CFR 68.83(c), 

N.J.A.C. 7:31-4.1(c)22

2,000 4,000 10,000 M 30

391. Failure to issue a hot work permit for hot 

work operations conducted on or near a 

covered process.

 

40 CFR 68.85(a), 

N.J.A.C. 7:31-4.1(a)

1,000 2,000 5,000 NM
This is a courtesy copy of this rule. All of the Department’s rules are compiled in Title 7 of the New Jersey Administrative Code.

 - 198 - Rev. 9

Categories of Offense Cite First

Offense

Second

Offense

Subsequent

Offenses 

Type of

Violation

Grace

Period

(days)

392. Failure to document in the hot work permit 

that the fire prevention and protection 

requirements in 29 CFR 1910.252(a) have 

been implemented prior to beginning the 

hot work operations, to indicate the date(s) 

authorized for hot work, and to identify the 

object on which hot work is to be 

performed. 

or

Failure to keep the hot work permit on file 

until completion of the hot work operations. 

 

40 CFR 68.85(b), 

N.J.A.C. 7:31-4.1(a)

500 1,000 2,500 NM

393. Failure to apply the requirements of 40 CFR 

68.87 as incorporated at N.J.A.C. 7:31-

4.1(a) for contractors performing 

maintenance or repair, turnaround, major 

renovation, or specialty work on or adjacent 

to a covered process. 

40 CFR 68.87(a), 

N.J.A.C. 7:31-4.1(a)

2,000 4,000 10,000 NM

394. Failure to obtain and evaluate information 

regarding the contract owner or operator's 

safety performance and programs when 

selecting a contractor. 

40 CFR 68.87(b)(1), 

N.J.A.C. 7:31-4.1(a)

2,000 4,000 10,000 NM

395. Failure to inform a contract owner or 

operator of the known potential fire, 

explosion, or toxic release hazards related 

to the contractor's work and the process. 

40 CFR 68.87(b)(2), 

N.J.A.C. 7:31-4.1(a)

2,000 4,000 10,000 NM

396. Failure to explain to the contract owner or 

operator the applicable provisions of 40 

CFR 68 subpart E as incorporated at 

N.J.A.C. 7:31-5.1(a).

40 CFR 68.87(b)(3), 

N.J.A.C. 7:31-4.1(a)

1,000 2,000 5,000 NM

397. Failure to develop and implement safe work 

practices consistent with 40 CFR 68.69(d), 

as incorporated at N.J.A.C. 7:31-4.1(a) to 

control the entrance, presence, and exit of 

the contract owner or operator and contract 

employees in covered process areas. 

 

40 CFR 68.87(b)(4), 

N.J.A.C. 7:31-4.1(a)

1,000 2,000 5,000 NM
This is a courtesy copy of this rule. All of the Department’s rules are compiled in Title 7 of the New Jersey Administrative Code.

 - 199 - Rev. 9

Categories of Offense Cite First

Offense

Second

Offense

Subsequent

Offenses 

Type of

Violation

Grace

Period

(days)

398. Failure to periodically evaluate the 

performance of the contract owner or 

operator in fulfilling their obligations as 

specified in 40 CFR 68.87(c) as 

incorporated at N.J.A.C. 7:31-4.1(a).

40 CFR 68.87(b)(5), 

N.J.A.C. 7:31-4.1(a)

2,000 4,000 10,000 NM

399. Failure to require the contract owner or 

operator to assure that each contract 

employee is trained in the work practices 

necessary to safely perform his/her job. 

40 CFR 68.87(c)(1), 

N.J.A.C. 7:31-4.1(a)

2,000 4,000 10,000 NM

400. Failure to require the contract owner or 

operator to assure that each contract 

employee is instructed in the known 

potential fire, explosion, or toxic release 

hazards related to his/her job and the 

process, and the applicable provisions of the 

emergency action plan. 

40 CFR 68.87(c)(2), 

N.J.A.C. 7:31-4.1(a)

2,000 4,000 10,000 NM

401. Failure to require the contract owner or 

operator to document that each contract 

employee has received and understood the 

training required by 40 CFR 68.87 as 

incorporated at N.J.A.C. 7:31-4.1(a).

or

Failure to require the contract owner or 

operator to prepare a record which contains 

the identity of the contract employee, the 

date of training, and the means used to 

verify that each employee understood the 

training. 

40 CFR 68.87(c)(3), 

N.J.A.C. 7:31-4.1(a)

1,000 2,000 5,000 NM

402. Failure to require the contract owner or 

operator to assure that each contract 

employee follows the safety rules of the 

stationary source including the safe work 

practices required by 40 CFR 68.69(d) as 

incorporated as N.J.A.C. 7:31-4.1(a).

40 CFR 68.87(c)(4), 

N.J.A.C. 7:31-4.1(a)

2,000 4,000 10,000 NM

403. Failure to require the contract owner or 

operator to advise the owner or operator of 

any unique hazards presented by the 

contract owner or operator's work, or of any 

hazards found by the contract owner or 

operator's work. 

40 CFR 68.87(c)(5), 

N.J.A.C. 7:31-4.1(a)

2,000 4,000 10,000 NM
This is a courtesy copy of this rule. All of the Department’s rules are compiled in Title 7 of the New Jersey Administrative Code.

 - 200 - Rev. 9

Categories of Offense Cite First

Offense

Second

Offense

Subsequent

Offenses 

Type of

Violation

Grace

Period

(days)

404. Failure to comply with the emergency 

response provisions of N.J.A.C. 7:31-5.

N.J.A.C. 7:31-4.8(a) 4,000 8,000 20,000 NM

405. Failure to submit to the Department within 

90 days of the anniversary date an annual 

report reflecting the risk management 

activities for the 12-month period ending on 

the anniversary date. 

N.J.A.C. 7:31-4.9(a) 2,000 4,000 10,000 M 30

406. Failure to include in the annual report an 

update of the supplemental TCPA program 

information as specified in N.J.A.C. 7:31-

7.2(a)2 if this supplemental information 

was not previously reported in a revised 

Risk Management Plan submittal. 

or

Failure to state that there were no changes 

to the supplemental TCPA program 

information in the annual report if there 

were no changes in this information since 

the last Risk Management Plan submittal.

N.J.A.C. 7:31-4.9(b)1 500 1,000 2,500 M 30

407. Failure to include in the annual report a 

description of significant changes to the 

management system. 

or

Failure to state that there were no changes 

to the management system in the annual 

report if there were no changes in this 

information since the last annual report.

N.J.A.C. 7:31-4.9(b)2 500 1,000 2,500 M 30
This is a courtesy copy of this rule. All of the Department’s rules are compiled in Title 7 of the New Jersey Administrative Code.

 - 201 - Rev. 9

Categories of Offense Cite First

Offense

Second

Offense

Subsequent

Offenses 

Type of

Violation

Grace

Period

(days)

408. Failure to include in the annual report a 

process hazard analysis with risk assessment 

report prepared pursuant to N.J.A.C. 7:31-

4.2(e) for each process hazard analysis with 

risk assessment completed during the 

previous year, when applicable. 

or

Failure to include in the annual report a list 

of the risk assessment reports prepared 

pursuant to N.J.A.C. 7:31-4.6(c) or the 

actual risk assessment reports. 

or

Failure to state in the annual report that 

there were no process hazard analysis with 

risk assessment reports completed if no such 

reports were completed since the last annual 

report.

N.J.A.C. 7:31-4.9(b)3 500 1,000 2,500 M 30

409. Failure to include in the annual report a 

summary of any EHS accidents and 

potential catastrophic events that occurred 

during the previous year including the EHS 

involved and amount released if these facts 

could have been reasonably determined 

based on the information obtained through 

the investigation. 

 

N.J.A.C. 7:31-4.9(b)4i 500 1,000 2,500 M 30

410. Failure to include in the annual report a 

summary of any EHS accidents and 

potential catastrophic events that occurred 

during the previous year including the date 

and time of the EHS accident and 

identification of EHS equipment involved.

N.J.A.C. 7:31-4.9(b)4ii 500 1,000 2,500 M 30

411. Failure to include in the annual report a 

summary of any EHS accidents and 

potential catastrophic events that occurred 

during the previous year including the basic 

and contributory causes.

N.J.A.C. 7:31-4.9(b)4iii 500 1,000 2,500 M 30
This is a courtesy copy of this rule. All of the Department’s rules are compiled in Title 7 of the New Jersey Administrative Code.

 - 202 - Rev. 9

Categories of Offense Cite First

Offense

Second

Offense

Subsequent

Offenses 

Type of

Violation

Grace

Period

(days)

412. Failure to include in the annual report a 

summary of any EHS accidents and 

potential catastrophic events

that occurred during the previous year 

including a statement that there were no 

EHS accidents if no EHS accidents 

occurred since the last annual report.

N.J.A.C. 7:31-4.9(b)4iv 500 1,000 2,500 M 30

413. Failure to include in the annual report the 

compliance audit report and documentation 

for the year ending on the anniversary date 

prepared pursuant to 40 CFR 68.79(c) and 

(d) with changes specified at N.J.A.C. 7:31-

4.1(c)14 and 23. 

N.J.A.C. 7:31-4.9(b)5 500 1,000 2,500 M 30

414. Failure to include in the annual report each 

inherently safer technology review update 

report completed pursuant to N.J.A.C. 7:31-

4.12(b) and (f).

N.J.A.C. 7:31-4.9(b)6 500 1,000 2,500 M 30

415. Failure to perform a pre-startup safety 

review of temporarily discontinued EHS 

equipment and procedures in accordance 

with the requirements of 40 CFR 68.77(a), 

(b)(1) and (2) and N.J.A.C. 7:31-4.7(e), 

within 60 calendar days prior to bringing 

the EHS back to the covered process. 

 

N.J.A.C. 7:31-4.10(a)1 2,000 4,000 10,000 NM

416. Failure to perform inspections, tests and 

checks conforming to requirements of 40 

CFR 68.73 with changes specified at 

N.J.A.C. 7:31-4.1(c)10-11 and N.J.A.C. 

7:31-4.5, for proper operation of 

temporarily discontinued EHS equipment, 

within 60 calendar days prior to bringing 

the EHS back to the covered process. 

N.J.A.C. 7:31-4.10(a)2 2,000 4,000 10,000 NM

417. Failure to perform EHS operator training 

activities conforming to 40 CFR 68.71 with 

changes specified at N.J.A.C. 7:31-4.1(c)9 

and N.J.A.C. 7:31-4.4, for activities 

involving temporarily discontinued EHS 

equipment, within 60 calendar days prior to 

bringing the EHS back to the covered 

process. 

N.J.A.C. 7:31-4.10(a)3 2,000 4,000 10,000 NM
This is a courtesy copy of this rule. All of the Department’s rules are compiled in Title 7 of the New Jersey Administrative Code.

 - 203 - Rev. 9

Categories of Offense Cite First

Offense

Second

Offense

Subsequent

Offenses 

Type of

Violation

Grace

Period

(days)

418. Failure to pay the annual fee for a 

temporary discontinuance in accordance 

with N.J.A.C. 7:31-1.11A(o) and (p).

N.J.A.C. 7:31-4.10(a)4 2,000 4,000 10,000 M 30

419. Failure to submit to the Department a report 

of safety review of design, in accordance 

with N.J.A.C. 7:31-4.7(b) and (c), and the 

documentation required at N.J.A.C. 7:31-

7.2 and 40 CFR 68.150 with changes 

specified at N.J.A.C. 7:31-7.1(c)1 and 2, at 

least 90 days prior to construction of a new 

Program 3 covered process at facility for 

which there is no previously approved risk 

management program. 

N.J.A.C. 7:31-4.11(a)1 2,000 4,000 10,000 M 30

420. Failure to receive written approval from the 

Department before proceeding with 

construction of a new Program 3 covered 

process at a facilityfor which there is no 

previously approved risk management 

program. 

 

N.J.A.C. 7:31-4.11(a)2 6,000 12,000 30,000 NM

421. Failure to submit to the Department, at least 

90 days prior to the date the equipment was 

scheduled to be placed into EHS service, 

any updates of the documentation as 

required by N.J.A.C. 7:31-4.11(a)1 for a 

new Program 3 covered process at a facility

for which there is no previously approved 

risk management program. 

N.J.A.C. 7:31-4.11(a)3 2,000 4,000 10,000 M 30

422. Failure to conduct a pre-startup safety 

review in accordance with N.J.A.C. 7:31-

4.7(d) and (e) for a new Program 3 covered 

process at a facility for which there is no 

previously approved risk management

program. 

N.J.A.C. 7:31-4.11(a)4 4,000 8,000 20,000 NM

423. Failure to submit to the Department the fees 

required by N.J.A.C. 7:31-1.11A for a new 

Program 3 covered process at a facility for 

which there is no previously approved risk 

management program. 

N.J.A.C. 7:31-4.11(a)5 one-third 

of fee

one-third 

of fee +

1,000

one-third 

of fee + 

2000

M 30
This is a courtesy copy of this rule. All of the Department’s rules are compiled in Title 7 of the New Jersey Administrative Code.

 - 204 - Rev. 9

Categories of Offense Cite First

Offense

Second

Offense

Subsequent

Offenses 

Type of

Violation

Grace

Period

(days)

424. Failure to submit a report of safety review 

of design in accordance with N.J.A.C. 7:31-

4.7(b) and (c) and the documentation 

required at N.J.A.C. 7:31-7.2 and 40 CFR 

68.150 with changes specified at N.J.A.C. 

7:31-7.1(c)1 and 2 at least 90 days prior to 

placing the equipment into EHS service for 

a new Program 3 covered process that 

utilizes existing equipment at a facility for 

which there is no previously approved risk 

management program. 

N.J.A.C. 7:31-4.11(b)1 2,000 4,000 10,000 M 30

425. Failure to conduct a pre-startup safety 

review in accordance with N.J.A.C. 7:31-

4.7(d) and (e) on a new Program 3 covered 

process that utilizes existing equipment at a 

facility for which there is no previously 

approved risk management program. 

N.J.A.C. 7:31-4.11(b)2 2,000 4,000 10,000 NM

426. Failure to submit to the Department the fees 

required by N.J.A.C. 7:31-1.11A for a new 

Program 3 covered process that utilizes 

existing equipment at a facility for which 

there is no previously approved risk 

management program. 

N.J.A.C. 7:31-4.11(b)3 one-third 

of fee

one-third 

of fee + 

1,000

one-third 

of fee + 

2,000

M 30

427. Failure to submit a report of safety review 

of design in accordance with N.J.A.C. 7:31-

4.7(b) and (c) and update documentation in 

accordance with N.J.A.C. 7:31-7.2 and 40 

CFR 68.150 with changes specified at 

N.J.A.C. 7:31-7.1(c)1 and 2 at least 90 days 

prior to the scheduled placing of equipment 

into EHS service for a Program 3 covered 

process that is newly constructed or that 

utilizes existing equipment at a facility that 

has a previously approved risk management 

program. 

N.J.A.C. 7:31-4.11(c)1 2,000 4,000 10,000 M 30

428. Failure to conduct a pre-startup safety 

review in accordance with N.J.A.C. 7:31-

4.7(d) and (e) for a new Program 3 covered 

process that is newly constructed or utilizes 

existing equipment at a facility that has a 

previously approved risk management 

program.

N.J.A.C. 7:31-4.11(c)2 2,000 4,000 10,000 NM
This is a courtesy copy of this rule. All of the Department’s rules are compiled in Title 7 of the New Jersey Administrative Code.

 - 205 - Rev. 9

Categories of Offense Cite First

Offense

Second

Offense

Subsequent

Offenses 

Type of

Violation

Grace

Period

(days)

429. Failure to submit to the Department the fees 

required by N.J.A.C. 7:31-1.11A for a 

newly constructed Program 3 covered 

process or one that utilizes existing 

equipment at a facility that has a previously 

approved risk management program.

N.J.A.C. 7:31-4.11(c)3 one-third 

of fee

one-third 

of fee + 

1,000

one-third 

of fee + 

2,000

M 30

430. Failure to enter into a consent agreement or 

consent agreement addendum with the 

Department prior to placing equipment into 

EHS service for a new covered process and 

subsequent to a facility audit or inspection 

by the Department. 

or

Failure to complete corrective action of 

deficiencies in the consent agreement or 

consent agreement addendum for equipment 

in a new covered process in accordance 

with the schedule in the consent agreement 

or consent agreement addendum. 

 

N.J.A.C. 7:31-4.11(d) 6,000 12,000 30,000 NM

431. Failure to complete an inherently safer 

technology review and report pursuant to 

N.J.A.C. 7:31-4.12(c) through (f) for each 

new covered process;

and/or

Failure to submit the inherently safer 

technology review report with the submittal 

required at N.J.A.C. 7:31-4.11(a)1, (b)1, or 

(c)1, as applicable.

N.J.A.C. 7:31-4.11(e) 2,000 4,000 10,000 NM

432. Failure to complete an initial inherently 

safer technology review and submit to the 

Department an inherently safer technology 

review report for each covered process at 

the stationary source by 120 days from the 

effective date of this rule.

N.J.A.C. 7:31-4.12(a) 2,000 4,000 10,000 NM
This is a courtesy copy of this rule. All of the Department’s rules are compiled in Title 7 of the New Jersey Administrative Code.

 - 206 - Rev. 9

Categories of Offense Cite First

Offense

Second

Offense

Subsequent

Offenses 

Type of

Violation

Grace

Period

(days)

433. Failure to update the inherently safer 

technology review on the same schedule as 

the process hazard analysis with risk 

assessment revalidations and updates for 

each covered process at the stationary 

source, including each new covered process 

brought on line since the date of the 

previous inherently safer technology review.

and/or

Failure to address the inherently safer 

technologies that have been developed since 

the last inherently safer technology review.

N.J.A.C. 7:31-4.12(b) 2,000 4,000 10,000 NM

434. Failure to conduct each inherently safer 

technology review with a team of qualified 

experts whose members have expertise in 

environmental requirements, chemistry, 

design and engineering, process controls 

and instrumentation, maintenance, 

production and operations, and chemical 

process safety.

N.J.A.C. 7:31-4.12(c) 1,000 2,000 5,000 NM

435. Failure to include an analysis of the 

following principle and technique in each 

inherently safer technology review to 

identify available inherently safer 

technology alternatives, or combinations of 

alternatives, that minimize or eliminate the 

potential for an EHS release: reducing the 

amount of EHS material that potentially 

may be released.

N.J.A.C. 7:31-4.12(d)1 1,000 2,000 5,000 NM

436. Failure to include an analysis of the 

following principle and technique in each 

inherently safer technology review to 

identify available inherently safer 

technology alternatives, or combinations of 

alternatives, that minimize or eliminate the 

potential for an EHS release: substituting 

less hazardous materials.

N.J.A.C. 7:31-4.12(d)2 1,000 2,000 5,000 NM
This is a courtesy copy of this rule. All of the Department’s rules are compiled in Title 7 of the New Jersey Administrative Code.

 - 207 - Rev. 9

Categories of Offense Cite First

Offense

Second

Offense

Subsequent

Offenses 

Type of

Violation

Grace

Period

(days)

437. Failure to include an analysis of the 

following principle and technique in each 

inherently safer technology review to 

identify available inherently safer 

technology alternatives, or combinations of 

alternatives, that minimize or eliminate the 

potential for an EHS release: using EHSs in 

the least hazardous process conditions or 

form.

N.J.A.C. 7:31-4.12(d)3 1,000 2,000 5,000 NM

438. Failure to include an analysis of the 

following principle and technique in each 

inherently safer technology review to 

identify available inherently safer 

technology alternatives, or combinations of 

alternatives, that minimize or eliminate the 

potential for an EHS release: designing 

equipment and processes to minimize the 

potential for equipment failure and human 

error.

N.J.A.C. 7:31-4.12(d)4 1,000 2,000 5,000 NM

439. Failure to determine whether the inherently 

safer technologies are feasible, which means 

capable of being accomplished in a 

successful manner, taking into account 

environmental, public health and safety, 

legal, technological, and economic factors.

N.J.A.C. 7:31-4.12(e) 1,000 2,000 5,000 NM

440. Failure to prepare and submit to the 

Department a report to document each 

inherently safer technology review.

N.J.A.C. 7:31-4.12(f) 1,000 2,000 5,000 NM

441. Failure to include in an inherently safer 

technology review report an identification 

of the covered process that is the subject of 

the review; a list of the review team 

members with name, position, affiliation, 

responsibilities, qualifications and 

experience for each; the date of report 

completion; and the inherently safer 

technology analysis method used to 

complete the review.

N.J.A.C. 7:31-4.12(f)1 500 1,000 2,500 NM
This is a courtesy copy of this rule. All of the Department’s rules are compiled in Title 7 of the New Jersey Administrative Code.

 - 208 - Rev. 9

Categories of Offense Cite First

Offense

Second

Offense

Subsequent

Offenses 

Type of

Violation

Grace

Period

(days)

442. Failure to include in an inherently safer 

technology review report the questions 

asked and answered to address the 

inherently safer technology principles and 

techniques pursuant to N.J.A.C. 7:31-

4.12(d).

N.J.A.C. 7:31-4.12(f)2 500 1,000 2,500 NM

443. Failure to include in an inherently safer 

technology review report a list of inherently 

safer technologies determined to be already 

present in the covered process.

N.J.A.C. 7:31-4.12(f)3 500 1,000 2,500 NM

444. Failure to include in an inherently safer 

technology review report a list of additional 

inherently safer technologies identified.

N.J.A.C. 7:31-4.12(f)4 500 1,000 2,500 NM

445. Failure to include in an inherently safer 

technology review report a list of the 

additional inherently safer technologies 

selected to be implemented with a schedule 

for their completion.

N.J.A.C. 7:31-4.12(f)5 500 1,000 2,500 NM

446. Failure to include in an inherently safer 

technology review report a list of the 

inherently safer technologies determined to 

be infeasible.

N.J.A.C. 7:31-4.12(f)6 500 1,000 2,500 NM

447. Failure to include a written explanation 

justifying the infeasibility determination for 

each inherently safer technology determined 

to be infeasible;

and/or

Failure to substantiate the infeasibility 

determination using a qualitative and 

quantitative evaluation of economic, 

environmental, legal and technological 

factors.

N.J.A.C. 7:31-4.12(f)7 500 1,000 2,500 NM

448. Failure of an owner/operator whose 

employees will not respond to accidental

EHS releases comply with the requirements 

of 40 CFR 68.90(b)1, 2, and 3 incorporated 

at N.J.A.C. 7:31-5.1(c)1 and 2.

40 CFR 68.90

N.J.A.C. 7:31-5.1(a)

1,000 2,000 5,000 NM
This is a courtesy copy of this rule. All of the Department’s rules are compiled in Title 7 of the New Jersey Administrative Code.

 - 209 - Rev. 9

Categories of Offense Cite First

Offense

Second

Offense

Subsequent

Offenses 

Type of

Violation

Grace

Period

(days)

449. Failure to develop and implement an 

emergency response program that includes 

an emergency response plan which is 

maintained at the stationary source.

40 CFR 68.95(a)

N.J.A.C. 7:31-5.1(a)

4,000 8,000 20,000 NM

450. Failure to include in the emergency 

response plan procedures for informing the 

public and local emergency response 

agencies about accidental releases.

40 CFR 68.95(a)(1)(i)

N.J.A.C. 7:31-5.1(a)

500 1,000 2,500 NM

451. Failure to include in the emergency 

response plan documentation of proper 

first-aid and emergency medical treatment 

necessary to treat accidental human 

exposures.

40 CFR 68.95(a)(1)(ii), 

N.J.A.C. 7:31-5.1(a)

500 1,000 2,500 NM

452. Failure to include in the emergency 

response plan procedures and measures for 

emergency response after an accidental 

release of a regulated substance. 

40 CFR 68.95(a)(1)(iii), 

N.J.A.C. 7:31-5.1(a)

500 1,000 2,500 NM

453. Failure to include in the emergency 

response program procedures for the use of 

emergency response equipment and for its 

inspection, testing, and maintenance. 

40 CFR 68.95(a)(2), 

N.J.A.C. 7:31-5.1(a)

1,000 2,000 5,000 NM

454. Failure to include in the emergency 

response program emergency response 

program training for all employees in 

relevant procedures. 

40 CFR 68.95(a)(3), 

N.J.A.C. 7:31-5.1(a) 

1,000 2,000 5,000 NM

455. Failure to include in the emergency 

response program procedures to review and 

update, as appropriate, the emergency 

response plan to reflect changes at the 

stationary source and to ensure that 

employees are informed of changes.

40 CFR 68.95(a)(4), 

N.J.A.C. 7:31-5.1(a)

1,000 2,000 5,000 NM

456. Failure to include elements of 40 CFR 

68.95(a) and 40 CFR 68.95(c) as 

incorporated at N.J.A.C. 7:31-5.1(a) in the 

emergency response plan that are consistent 

with and as stringent as the National 

Response Team's Integrated Contingency 

Plan Guidance (“One Plan”). 

40 CFR 68.95(b), 

N.J.A.C. 7:31-5.1(a)3 and 

4

1,000 2,000 5,000 NM
This is a courtesy copy of this rule. All of the Department’s rules are compiled in Title 7 of the New Jersey Administrative Code.

 - 210 - Rev. 9

Categories of Offense Cite First

Offense

Second

Offense

Subsequent

Offenses 

Type of

Violation

Grace

Period

(days)

457. Failure to coordinate the emergency 

response plan developed under 40 CFR 

68.95(a)(1) as incorporated at N.J.A.C. 

7:31-5.1(a) with the community emergency 

response plan developed under 42 U.S.C. 

§11003. 

or

Failure to promptly provide to the local 

emergency planning committee or 

emergency response officials, upon their 

request, information necessary for 

developing and implementing the 

community emergency response plan.

 

40 CFR 68.95(c), 

N.J.A.C. 7:31-5.1(a)

1,000 2,000 5,000 NM

458. Failure to develop and implement a written 

emergency response (ER) program which 

includes initial and annual refresher 

emergency response training for all 

employees in relevant procedures to 

implement the emergency response plan. 

N.J.A.C. 7:31-5.2(b)1 2,000 4,000 10,000 NM

459. Failure to develop and implement a written 

emergency response (ER) program which 

includes performance of at least one EHS 

ER exercise per calendar year.

N.J.A.C. 7:31-5.2(b)2 2,000 4,000 10,000 NM

460. Failure to invite at least one outside 

responder agency who is designated in the 

ER plan to participate in the ER exercise at 

a facility whose employees will not respond 

to an EHS accident in accordance with 40 

CFR 68.90(b) with changes specified at 

N.J.A.C. 7:31-5.1(c)1 and 2.

or 

Failure to require employees of the facility

to perform their assigned responsibilities for 

all ER exercises.

 

N.J.A.C. 7:31-5.2(b)2i 2,000 4,000 10,000 NM

461. Failure to perform at least one full scale ER 

exercise in which the ER team and ER 

containment, mitigation, and monitoring 

equipment are deployed at a strength 

appropriate to demonstrate the adequacy 

and implementation of the plan for a 

stationary source at which the employees 

will respond to an EHS accident. 

N.J.A.C. 7:31-5.2(b)2ii 2,000 4,000 10,000 NM
This is a courtesy copy of this rule. All of the Department’s rules are compiled in Title 7 of the New Jersey Administrative Code.

 - 211 - Rev. 9

Categories of Offense Cite First

Offense

Second

Offense

Subsequent

Offenses 

Type of

Violation

Grace

Period

(days)

462. Failure to make a written assessment of the 

ER plan, of the adequacy of notification to 

outside agencies and the public, and of the 

adequacy or need for ER equipment after 

each ER plan implementation or each ER 

exercise. 

N.J.A.C. 7:31-5.2(b)3 1,000 2,000 5,000 NM

463. Failure to provide in the emergency 

response (ER) program a description of the 

emergency notification system which 

requires immediate notification of an EHS 

accident or imminent EHS accident at the 

stationary source, including company name 

and address of the EHS accident, to the 

Department's emergency communications 

center at 877-WARNDEP by the emergency 

coordinator or designee.

N.J.A.C. 7:31-5.2(b)4i(1) 2,000 4,000 10,000 NM

464. Failure to provide in the emergency 

response (ER) program a description of the 

emergency notification system which 

requires immediate notification of an EHS 

accident or imminent EHS accident at the 

stationary source, including the name, 

position and telephone number of the caller, 

to the Department's emergency 

communications center at 877-WARNDEP 

by the emergency coordinator or designee. 

N.J.A.C. 7:31-5.2(b)4i(2) 1,000 2,000 5,000 NM

465. Failure to provide in the emergency 

response (ER) program a description of the 

emergency notification system which 

requires immediate notification of an EHS 

accident or imminent EHS accident at the 

stationary source, including time of, or 

anticipated time of the EHS accident and 

the projected duration to the Department's 

emergency communications center at 877-

WARNDEP by the emergency coordinator 

or designee. 

N.J.A.C. 7:31-5.2(b)4i(3) 1,000 2,000 5,000 NM
This is a courtesy copy of this rule. All of the Department’s rules are compiled in Title 7 of the New Jersey Administrative Code.

 - 212 - Rev. 9

Categories of Offense Cite First

Offense

Second

Offense

Subsequent

Offenses 

Type of

Violation

Grace

Period

(days)

466. Failure to provide in the emergency 

response (ER) program’s emergency 

notification system a requirement for 

immediate notification of an EHS accident 

or imminent EHS accident, including the 

chemical name of the EHS released, to the 

Department's emergency communications 

center at 877-WARNDEP by the emergency 

coordinator or designee. 

N.J.A.C. 7:31-5.2(b)4i(4) 1,000 2,000 5,000 NM

467. Failure to provide in the emergency 

notification system a requirement for 

immediate notification to the Department's 

emergency communications center at 877-

WARNDEP of an EHS accident or 

imminent EHS accident by the emergency 

coordinator or designee stating the actual 

EHS quantity (or estimated quantity if not 

known), and whether it will have an offsite 

impact. 

N.J.A.C. 7:31-5.2(b)4i(5) 1,000 2,000 5,000 NM

468. Failure to require in the emergency 

response (ER) program’s emergency 

notification system the weather conditions, 

including wind direction and speed and 

expected offsite effects in the immediate 

notification to the Department's emergency 

communications center at 877-WARNDEP 

by the emergency coordinator or designee 

for an EHS accident or imminent EHS 

accident. 

N.J.A.C. 7:31-5.2(b)4i(6) 1,000 2,000 5,000 NM

469. Failure to provide in the emergency 

response (ER) program an EHS accident 

reporting requirement that the emergency 

coordinator or designee for the stationary 

source be prepared to provide the 

Department's emergency communications 

center with updates, if requested, which 

include the name and address of the 

stationary source. 

N.J.A.C. 7:31-5.2(b)4ii(1) 1,000 2,000 5,000 NM
This is a courtesy copy of this rule. All of the Department’s rules are compiled in Title 7 of the New Jersey Administrative Code.

 - 213 - Rev. 9

Categories of Offense Cite First

Offense

Second

Offense

Subsequent

Offenses 

Type of

Violation

Grace

Period

(days)

470. Failure to provide in the emergency 

response (ER) program an EHS accident 

reporting requirement that the emergency 

coordinator or designee for the stationary 

source be prepared to provide the 

Department's emergency communications 

center updates, if requested, which include 

the name, position and telephone number of 

the caller. 

N.J.A.C. 7:31-5.2(b)4ii(2) 1,000 2,000 5,000 NM

471. Failure to require in the emergency 

response (ER) program an EHS accident 

reporting requirement that the emergency 

coordinator or designee be prepared to 

provide the Department's emergency 

communications center with updates, if 

requested, which include the location of the 

point of EHS release, a description of the 

source, cause and type of EHS accident, 

quantity and concentration of the EHS 

released, and whether the EHS release is of 

a continuing nature. 

N.J.A.C. 7:31-5.2(b)4ii(3) 1,000 2,000 5,000 NM

472. Failure to provide in the emergency 

response (ER) program an EHS accident 

reporting requirement that the emergency 

coordinator or designee for the stationary 

source be prepared to provide the 

Department's emergency communications 

center updates, if requested, which include 

the measures taken to terminate the EHS 

release or to mitigate its effect, and the 

effectiveness of such measures. 

N.J.A.C. 7:31-5.2(b)4ii(4) 1,000 2,000 5,000 NM

473. Failure to provide in the emergency 

response (ER) program an EHS accident 

reporting requirement that the emergency 

coordinator or designee for the stationary 

source be prepared to provide the 

Department's emergency communications 

center updates, if requested, which include 

an update on weather conditions.

 

N.J.A.C. 7:31-5.2(b)4ii(5) 1,000 2,000 5,000 NM

474. Failure to report to the Department's 

emergency communications center an EHS 

accident that had potential offsite impact. 

N.J.A.C. 7:31-

5.2(b)4iii(1)

4,000 8,000 20,000 NM
This is a courtesy copy of this rule. All of the Department’s rules are compiled in Title 7 of the New Jersey Administrative Code.

 - 214 - Rev. 9

Categories of Offense Cite First

Offense

Second

Offense

Subsequent

Offenses 

Type of

Violation

Grace

Period

(days)

475. Failure to report to the Department's 

emergency communications center an EHS 

accident that resulted in actual or potential 

injuries or fatalities at the facility. 

N.J.A.C. 7:31-

5.2(b)4iii(2)

4,000 8,000 20,000 NM

476. Failure to report to the Department's 

emergency communications center an EHS 

accident that activates the emergency 

response plan. 

N.J.A.C. 7:31-

5.2(b)4iii(3)

4,000 8,000 20,000 NM

477. Failure to submit a single RMP that 

includes the information required by 40 

CFR 68.155 through 40 CFR 68.185 as 

incorporated at N.J.A.C. 7:31-7.1 for all 

covered processes.

or

Failure to submit the RMP for covered 

processes regulated under 40 CFR 68 as 

incorporated at N.J.A.C. 7:31-7.1 in a 

method and format to a central point as 

specified by USEPA as of the date of 

submission.

or

Failure to submit the RMP for all covered 

processes to the Department in accordance 

with N.J.A.C. 7:31-7.2. 

40 CFR 68.150(a), 

N.J.A.C. 7:31-7.1(c)1&2

5,000 10,000 25,000 NM

478. Failure to submit the first RMP on or before 

June 21, 1999. 

40 CFR 68.150(b)(1), 

N.J.A.C. 7:31-7.1(a)

5,000 10,000 25,000 NM

479. Failure to submit the first RMP on or before 

three years after the date on which a 

regulated substance is first listed under 40 

CFR 68.130.

 

40 CFR 68.150(b)(2), 

N.J.A.C. 7:31-7.1(a)

5,000 10,000 25,000 NM
This is a courtesy copy of this rule. All of the Department’s rules are compiled in Title 7 of the New Jersey Administrative Code.

 - 215 - Rev. 9

Categories of Offense Cite First

Offense

Second

Offense

Subsequent

Offenses 

Type of

Violation

Grace

Period

(days)

480. Failure to submit the first RMP on or before 

the date on which a regulated substance is 

first present at or above a threshold quantity 

at the facility.

 

40 CFR 68.150(b)(3), 

N.J.A.C. 7:31-7.1(a)

If found 

by the 

Departm

ent: 

10,000 

per year 

out of 

complian

ce plus 

amount 

of past

fees due 

as 

calculate

d per 

N.J.A.C. 

7:31-

1.11A.

If selfreported: 

10,000

If found 

by the 

Departm

ent: 

25,000 

per year 

out of 

complian

ce plus 

amount 

of past 

fees due 

as 

calculate

d per 

N.J.A.C. 

7:31-

1.11A.

If selfreported: 

25,000

If found by 

the 

Departmen

t: 

50,000 per 

year out of 

compliance 

plus 

amount of 

past fees 

due as 

calculated 

per 

N.J.A.C. 

7:31-

1.11A.

If selfreported: 

50,000

NM

481. The owner or operator of any stationary 

source for which an RMP was submitted 

before June 21, 2004, shall revise the RMP 

to include the information required by 40 

CFR 68.160(b)(6) and (14) by June 21, 

2004 in the manner specified by EPA prior 

to that date. Any such submission shall also 

include the information required by 40 CFR 

68.160(b)(20) (indicating that the 

submission is a correction to include the 

information required by 40 CFR 

68.160(b)(6) and (14) or an update under 

40 CFR 68.190).

40 CFR 68.150(c), 

N.J.A.C. 7:31-7.1(a)

1,000 2,000 5,000 NM

482. Failure to update and correct RMPs 

submitted under 40 CFR 68 in accordance 

with 40 CFR 68.190 as incorporated at 

N.J.A.C. 7:31-7.1(c)3, 4, and 5 and 68.195 

incorporated at N.J.A.C. 7:31-7.1(a).

40 CFR 68.150(d),

N.J.A.C. 7:31-7.1(a)

1,000 2,000 5,000 NM

483. Failure to provide an executive summary in 

the RMP.

40 CFR 68.155 

N.J.A.C. 7:31-7.1(a)

1,000 2,000 5,000 M 30
This is a courtesy copy of this rule. All of the Department’s rules are compiled in Title 7 of the New Jersey Administrative Code.

 - 216 - Rev. 9

Categories of Offense Cite First

Offense

Second

Offense

Subsequent

Offenses 

Type of

Violation

Grace

Period

(days)

484. Failure to provide in the RMP executive 

summary a brief description of the 

accidental release prevention and 

emergency response policies at the 

stationary source.

40 CFR 68.155(a),

N.J.A.C. 7:31-7.1(a)

500 1,000 2,500 M 30

485. Failure to provide in the RMP executive 

summary a brief description of the 

stationary source and regulated substances 

handled.

40 CFR 68.155(b), 

N.J.A.C. 7:31-7.1(a)

500 1,000 2,500 M 30

486. Failure to provide in the RMP executive 

summary a brief description of the general 

accidental release prevention program and 

chemical specific prevention steps.

 

40 CFR 68.155(c),

N.J.A.C. 7:31-7.1(a)

500 1,000 2,500 M 30

487. Failure to provide in the RMP executive 

summary a brief description of the five-year 

accident history.

40 CFR 68.155(d),

N.J.A.C. 7:31-7.1(a)

500 1,000 2,500 M 30

488. Failure to provide in the RMP executive 

summary a brief description of the 

emergency response program.

40 CFR 68.155(e),

N.J.A.C. 7:31-7.1(a)

500 1,000 2,500 M 30

489. Failure to provide in the RMP executive 

summary a brief description of the planned 

changes to improve safety.

40 CFR 68.155(f),

N.J.A.C. 7:31-7.1(a)

500 1,000 2,500 M 30

490. Failure to complete a single registration 

form that is included in the RMP that covers 

all regulated substances handled in covered 

processes. 

40 CFR 68.160(a), 

N.J.A.C. 7:31-7.1(a)

2,000 4,000 10,000 NM

491. Failure to include in the registration any of 

the following: stationary source name, 

street, city, county, state, zip code, latitude 

and longitude, method for obtaining latitude 

and longitude, or description of location 

that latitude and longitude represent. 

40 CFR 68.160(b)(1), 

N.J.A.C. 7:31-7.1(a)

500 1,000 2,500 M 30

492. Failure to include in the registration the 

stationary source’s Dun and Bradstreet 

number. 

 

40 CFR 68.160(b)(2), 

N.J.A.C. 7:31-7.1(a)

500 1,000 2,500 M 30
This is a courtesy copy of this rule. All of the Department’s rules are compiled in Title 7 of the New Jersey Administrative Code.

 - 217 - Rev. 9

Categories of Offense Cite First

Offense

Second

Offense

Subsequent

Offenses 

Type of

Violation

Grace

Period

(days)

493. Failure to include in the registration the 

name and Dun and Bradstreet number of the 

corporate parent company. 

40 CFR 68.160(b)(3), 

N.J.A.C. 7:31-7.1(a)

500 1,000 2,500 M 30

494. Failure to include in the registration the 

name, telephone number, and mailing 

address of the owner or operator. 

40 CFR 68.160(b)(4), 

N.J.A.C. 7:31-7.1(a)

500 1,000 2,500 M 30

495. Failure to include in the registration the 

name and title of the person or position with 

overall responsibility for RMP elements and 

implementation, and (optional) the e-mail 

address for that person or position. 

40 CFR 68.160(b)(5), 

N.J.A.C. 7:31-7.1(a)

500 1,000 2,500 M 30

496. Failure to include in the registration the 

emergency contact person’s name, title, 

telephone number, 24-hour telephone 

number, and, as of June 21, 2004, the e-mail 

address (if an e-mail address exists).

 

40 CFR 68.160(b)(6), 

N.J.A.C. 7:31-7.1(a)

500 1,000 2,500 M 30

497. Failure to include in the registration for 

each covered process the name and CAS 

number of each regulated substance held at 

or above the threshold quantity at the 

facility, the maximum quantity of each 

regulated substance or mixture in the 

process (in pounds) to two significant digits, 

the five- or six-digit NAICS code that most 

closely corresponds to the process, and the 

Program level of the process. 

40 CFR 68.160(b)(7), 

N.J.A.C. 7:31-7.1(a)

500 1,000 2,500 NM

498. Failure to include in the registration the 

stationary source USEPA identifier. 

40 CFR 68.160(b)(8), 

N.J.A.C. 7:31-7.1(a)

500 1,000 2,500 M 30

499. Failure to include in the registration the 

number of full-time employees at the 

stationary source.

 

40 CFR 68.160(b)(9), 

N.J.A.C. 7:31-7.1(a)

500 1,000 2,500 M 30

500. Failure to include in the registration whether

the stationary source is subject to 29 CFR 

1910.119. 

40 CFR 68.160(b)(10), 

N.J.A.C. 7:31-7.1(a)

500 1,000 2,500 M 30

501. Failure to include in the registration whether

the stationary source is subject to 40 CFR 

part 355.

 

40 CFR 68.160(b)(11), 

N.J.A.C. 7:31-7.1(a)

500 1,000 2,500 M 30
This is a courtesy copy of this rule. All of the Department’s rules are compiled in Title 7 of the New Jersey Administrative Code.

 - 218 - Rev. 9

Categories of Offense Cite First

Offense

Second

Offense

Subsequent

Offenses 

Type of

Violation

Grace

Period

(days)

502. Failure to include in the registration the 

CAA Title V operating permit number for a 

stationary source that has a CAA Title V 

operating permit. 

40 CFR 68.160(b)(12), 

N.J.A.C. 7:31-7.1(a)

500 1,000 2,500 M 30

503. Failure to include in the registration the date 

of the last safety inspection of the stationary 

source by a Federal, state, or local 

government agency and the identity of the 

inspecting entity.

 

40 CFR 68.160(b)(13), 

N.J.A.C. 7:31-7.1(a)

500 1,000 2,500 M 30

504. Failure to include in the registration as of 

June 21, 2004, the name, the mailing 

address, and the telephone number of the 

contractor who prepared the RMP (if any).

40 CFR 68.160(b)(14), 

N.J.A.C. 7:31-7.1(a)

500 1,000 2,500 M 30

505. Failure to include in the registration as of 

June 21, 2004, the type of and reason for 

any changes being made to a previously 

submitted RMP categorized as follows:

(i) Updates and re-submissions 

required under 40 CFR 68.190(b);

(ii) Corrections under Sec. 68.195 

or for purposes of correcting minor clerical 

errors, updating administrative information, 

providing missing data elements or 

reflecting facility ownership changes, and 

which do not require an update and resubmission as specified in 40 CFR 

68.190(b);

(iii) De-registrations required 

under 40 CFR 68.190(c); and

(iv) Withdrawals of an RMP for 

any facility that was erroneously considered 

subject to 40 CFR Part 68.

40 CFR 68.160(b)(20), 

N.J.A.C. 7:31-7.1(a)

500 1,000 2,500 M 30
This is a courtesy copy of this rule. All of the Department’s rules are compiled in Title 7 of the New Jersey Administrative Code.

 - 219 - Rev. 9

Categories of Offense Cite First

Offense

Second

Offense

Subsequent

Offenses 

Type of

Violation

Grace

Period

(days)

506. Failure to submit in the RMP information 

on one worst-case release scenario to 

represent all regulated toxic substances held 

above the threshold quantity and one worstcase release scenario to represent all 

regulated flammable substances held above 

the threshold quantity.

or

Failure to submit information for additional 

worst-case scenarios for toxics or 

flammables required by 40 CFR 

68.25(a)(2)(iii) incorporated at N.J.A.C. 

7:31-2.1(a).

or

Failure to submit information on one 

alternative release scenario for each 

regulated toxic substance held above the 

threshold quantity and one alternative 

release scenario to represent all regulated 

flammable substances held above the 

threshold quantity.

40 CFR 68.165(a)(2), 

N.J.A.C. 7:31-7.1(a)

2,000 4,000 10,000 NM

507. Failure to submit the chemical name in the 

off-site consequence analysis (OCA).

 

40 CFR 68.165(b)(1), 

N.J.A.C. 7:31-7.1(a)

1,000 2,000 5,000 NM

508. Failure to submit the percentage weight of 

the chemical in a liquid mixture (toxics 

only) in the OCA.

 

40 CFR 68.165(b)(2), 

N.J.A.C. 7:31-7.1(a)

1,000 2,000 5,000 M 30

509. Failure to submit the physical state (toxics 

only) in the OCA.

40 CFR 68.165(b)(3), 

N.J.A.C. 7:31-7.1(a)

1,000 2,000 5,000 M 30

510. Failure to submit the basis for the results of 

the off-site consequence analysis data in the 

RMP (including model name if used). 

40 CFR 68.165(b)(4), 

N.J.A.C. 7:31-7.1(a)

1,000 2,000 5,000 M 30

511. Failure to submit the scenario (explosion, 

fire, toxic gas release, or liquid spill and 

vaporization) in the OCA.

40 CFR 68.165(b)(5), 

N.J.A.C. 7:31-7.1(a)

1,000 2,000 5,000 M 30

512. Failure to submit the quantity released in 

pounds in the OCA.

40 CFR 68.165(b)(6), 

N.J.A.C. 7:31-7.1(a)

1,000 2,000 5,000 M 30

513. Failure to submit release rate in the OCA. 40 CFR 68.165(b)(7), 

N.J.A.C. 7:31-7.1(a)

1,000 2,000 5,000 M 30
This is a courtesy copy of this rule. All of the Department’s rules are compiled in Title 7 of the New Jersey Administrative Code.

 - 220 - Rev. 9

Categories of Offense Cite First

Offense

Second

Offense

Subsequent

Offenses 

Type of

Violation

Grace

Period

(days)

514. Failure to submit the release duration in the 

OCA.

40 CFR 68.165(b)(8), 

N.J.A.C. 7:31-7.1(a)

1,000 2,000 5,000 M 30

515. Failure to submit the wind speed and

atmospheric stability class (toxics only) in 

the OCA.

40 CFR 68.165(b)(9), 

N.J.A.C. 7:31-7.1(a)

1,000 2,000 5,000 M 30

516. Failure to submit the topography (toxics 

only) in the OCA.

 

40 CFR 68.165(b)(10), 

N.J.A.C. 7:31-7.1(a)

1,000 2,000 5,000 M 30

517. Failure to submit the distance to endpoint in 

the OCA.

40 CFR 68.165(b)(11), 

N.J.A.C. 7:31-7.1(a)

1,000 2,000 5,000 NM

518. Failure to submit the public and 

environmental receptors within the distance 

to endpoint in the OCA. 

40 CFR 68.165(b)(12), 

N.J.A.C. 7:31-7.1(a)

1,000 2,000 5,000 NM

519. Failure to submit the passive mitigation 

considered in the OCA. 

40 CFR 68.165(b)(13), 

N.J.A.C. 7:31-7.1(a)

1,000 2,000 5,000 M 30

520. Failure to submit the active mitigation 

considered (alternative releases only) in the

OCA.

 

40 CFR 68.165(b)(14), 

N.J.A.C. 7:31-7.1(a)

1,000 2,000 5,000 M 30

521. Failure to submit in the RMP the five year 

accident history information required at 40 

CFR 68.42(b) incorporated at N.J.A.C. 

7:31-2.1(a) on each accident covered by 40 

CFR 68.42(a) incorporated at N.J.A.C. 

7:31-2.1(a).

40 CFR 68.168, 

N.J.A.C. 7:31-7.1(a)

1,000 2,000 5,000 NM

522. Reserved

523. Reserved

524. Reserved

525. Reserved

526. Reserved

527. Reserved

528. Reserved

529. Reserved

530. Reserved

531. Reserved

532. Reserved

533. Reserved

534. Reserved

535. Reserved

536. Reserved

537. Reserved
This is a courtesy copy of this rule. All of the Department’s rules are compiled in Title 7 of the New Jersey Administrative Code.

 - 221 - Rev. 9

Categories of Offense Cite First

Offense

Second

Offense

Subsequent

Offenses 

Type of

Violation

Grace

Period

(days)

538. Reserved

539. Reserved

540. Reserved

541. Failure to indicate to which Program 3 

processes the prevention program 

information required by 40 CFR 68.175(b) 

through (p) incorporated at N.J.A.C. 7:31-

7.1(a) applies, for prevention program 

information provided only once which 

applies to more than one covered process. 

40 CFR 68.175(a), 

N.J.A.C. 7:31-7.1(a)

1,000 2,000 5,000 M 30

542. Failure to provide in the RMP the five- or 

six-digit NAICS code that most closely 

corresponds to each Program 3 process. 

40 CFR 68.175(b), 

N.J.A.C. 7:31-7.1(a)

500 1,000 2,500 M 30

543. Failure to provide in the RMP the name(s) 

of the substance(s) covered for each 

Program 3 process. 

40 CFR 68.175(c), 

N.J.A.C. 7:31-7.1(a)

1,000 2,000 5,000 M 30

544. Failure to provide in the RMP the date on 

which the safety information was last 

reviewed or revised for each Program 3 

process. 

40 CFR 68.175(d), 

N.J.A.C. 7:31-7.1(a)

1,000 2,000 5,000 M 30

545. Failure to provide in the RMP the date of 

completion of the most recent process 

hazard analysis or update and the technique 

used for each Program 3 process. 

40 CFR 68.175(e), 

N.J.A.C. 7:31-7.1(a)

1,000 2,000 5,000 M 30

546. Failure to provide in the RMP the expected 

date of completion of any changes resulting 

from the PHA for each Program 3 process. 

40 CFR 68.175(e)(1), 

N.J.A.C. 7:31-7.1(a)

1,000 2,000 5,000 M 30

547. Failure to provide in the RMP the major 

hazards identified for each Program 3 

process. 

 

40 CFR 68.175(e)(2), 

N.J.A.C. 7:31-7.1(a)

1,000 2,000 5,000 M 30

548. Failure to provide in the RMP the process 

controls in use for each Program 3 process. 

 

40 CFR 68.175(e)(3), 

N.J.A.C. 7:31-7.1(a)

1,000 2,000 5,000 M 30

549. Failure to provide in the RMP the 

mitigation systems in use for each Program 

3 process. 

 

40 CFR 68.175(e)(4), 

N.J.A.C. 7:31-7.1(a)

1,000 2,000 5,000 M 30
This is a courtesy copy of this rule. All of the Department’s rules are compiled in Title 7 of the New Jersey Administrative Code.

 - 222 - Rev. 9

Categories of Offense Cite First

Offense

Second

Offense

Subsequent

Offenses 

Type of

Violation

Grace

Period

(days)

550. Failure to provide in the RMP the 

monitoring and detection systems in use for 

each Program 3 process. 

40 CFR 68.175(e)(5), 

N.J.A.C. 7:31-7.1(a)

1,000 2,000 5,000 M 30

551. Failure to provide in the RMP the changes 

since the last PHA for each Program 3 

process. 

40 CFR 68.175(e)(6), 

N.J.A.C. 7:31-7.1(a)

1,000 2,000 5,000 M 30

552. Failure to provide in the RMP the date of 

the most recent review or revision of the 

operating procedures for each Program 3 

process.

 

40 CFR 68.175(f), 

N.J.A.C. 7:31-7.1(a)

1,000 2,000 5,000 M 30

553. Failure to provide in the RMP the date of 

the most recent review or revision of 

training programs for each Program 3 

process. 

40 CFR 68.175(g), 

N.J.A.C. 7:31-7.1(a)

1,000 2,000 5,000 M 30

554. Failure to provide in the RMP for each 

Program 3 process the type of training given 

(classroom, classroom plus on the job, on 

the job). 

40 CFR 68.175(g)(1), 

N.J.A.C. 7:31-7.1(a)

1,000 2,000 5,000 M 30

555. Failure to provide in the RMP the type of 

competency testing used for each Program 3 

process. 

40 CFR 68.175(g)(2), 

N.J.A.C. 7:31-7.1(a)

1,000 2,000 5,000 M 30

556. Failure to provide in the RMP the date of 

the most recent review or revision of 

maintenance procedures and the date of the 

most recent equipment inspection or test 

and the equipment inspected or tested for 

each Program 3 process.

 

40 CFR 68.175(h), 

N.J.A.C. 7:31-7.1(a)

1,000 2,000 5,000 M 30

557. Failure to provide in the RMP the date of 

the most recent change that triggered 

management of change procedures or the 

date of the most recent review or revision of 

management of change procedures for each 

Program 3 process.

 

40 CFR 68.175(i), 

N.J.A.C. 7:31-7.1(a)

1,000 2,000 5,000 M 30

558. Failure to provide in the RMP the date of 

the most recent pre-startup review for each 

Program 3 process. 

40 CFR 68.175(j), 

N.J.A.C. 7:31-7.1(a)

1,000 2,000 5,000 M 30
This is a courtesy copy of this rule. All of the Department’s rules are compiled in Title 7 of the New Jersey Administrative Code.

 - 223 - Rev. 9

Categories of Offense Cite First

Offense

Second

Offense

Subsequent

Offenses 

Type of

Violation

Grace

Period

(days)

559. Failure to provide in the RMP the date of 

the most recent compliance audit and the 

expected date of completion of any changes 

resulting from the compliance audit for each 

Program 3 process. 

40 CFR 68.175(k), 

N.J.A.C. 7:31-7.1(a)

1,000 2,000 5,000 M 30

560. Failure to provide in the RMP the date of 

the most recent incident investigation and 

the expected date of completion of any 

changes resulting from the investigation for 

each Program 3 process. 

40 CFR 68.175(l), 

N.J.A.C. 7:31-7.1(a)

1,000 2,000 5,000 M 30

561. Failure to provide in the RMP the date of 

the most recent review or revision of 

employee participation plans for each 

Program 3 process. 

 

40 CFR 68.175(m), 

N.J.A.C. 7:31-7.1(a)

1,000 2,000 5,000 M 30

562. Failure to provide in the RMP the date of 

the most recent review or revision of hot 

work permit procedures for each Program 3 

process. 

40 CFR 68.175(n), 

N.J.A.C. 7:31-7.1(a)

500 1,000 2,500 M 30

563. Failure to provide in the RMP the date of 

the most recent review or revision of 

contractor safety procedures for each 

Program 3 process.

 

40 CFR 68.175(o), 

N.J.A.C. 7:31-7.1(a)]

500 1,000 2,500 M 30

564. Failure to provide in the RMP the date of 

the most recent evaluation of contractor 

safety performance for each Program 3 

process. 

40 CFR 68.175(p), 

N.J.A.C. 7:31-7.1(a)

500 1,000 2,500 M 30

565. Failure to provide in the RMP whether there 

is a written emergency response plan. 

40 CFR 68.180(a)(1), 

N.J.A.C. 7:31-7.1(a)

1,000 2,000 5,000 M 30

566. Failure to provide in the RMP whether the 

emergency response plan includes specific 

actions to be taken in response to an 

accidental release of a regulated substance. 

40 CFR 68.180(a)(2), 

N.J.A.C. 7:31-7.1(a)

1,000 2,000 5,000 M 30

567. Failure to provide in the RMP whether the 

emergency response plan includes 

procedures for informing the public and 

local agencies responsible for responding to 

accidental releases. 

40 CFR 68.180(a)(3), 

N.J.A.C. 7:31-7.1(a)

1,000 2,000 5,000 M 30
This is a courtesy copy of this rule. All of the Department’s rules are compiled in Title 7 of the New Jersey Administrative Code.

 - 224 - Rev. 9

Categories of Offense Cite First

Offense

Second

Offense

Subsequent

Offenses 

Type of

Violation

Grace

Period

(days)

568. Failure to provide in the RMP whether the 

emergency response plan includes 

information on emergency health care. 

40 CFR 68.180(a)(4), 

N.J.A.C. 7:31-7.1(a)

1,000 2,000 5,000 M 30

569. Failure to provide in the RMP the date of 

the most recent review or update of the 

emergency response plan. 

40 CFR 68.180(a)(5), 

N.J.A.C. 7:31-7.1(a)

1,000 2,000 5,000 M 30

570. Failure to provide in the RMP the date of 

the most recent emergency response training

for employees. 

40 CFR 68.180(a)(6), 

N.J.A.C. 7:31-7.1(a)

1,000 2,000 5,000 M 30

571. Failure to provide in the RMP the name and 

telephone number of the local agency with 

which emergency response activities and the 

emergency response plan is coordinated. 

40 CFR 68.180(b), 

N.J.A.C. 7:31-7.1(a)

1,000 2,000 5,000 M 30

572. Failure to list in the RMP other Federal or 

state emergency plan requirements to which 

the stationary source is subject. 

40 CFR 68.180(c), 

N.J.A.C. 7:31-7.1(a)

1,000 2,000 5,000 M 30

573. Failure to submit in the RMP a single 

certification that, to the best of the signer's 

knowledge, information, and belief formed 

after reasonable inquiry, the information 

submitted is true, accurate, and complete. 

40 CFR 68.185(b), 

N.J.A.C. 7:31-7.1(a)

2,000 4,000 10,000 M 30

574. Failure to review and update the RMP as 

specified in 40 CFR 68.190(b) incorporated 

at N.J.A.C. 7:31-7.1(c) and submit it in a 

method and format to a central point 

specified by EPA as of the date of 

submission.

40 CFR 68.190(a), 

N.J.A.C. 7:31-7.1(c)3-4

1,000 2,000 5,000 NM

575. Failure to submit RMP updates to the 

Department in accordance with 40 CFR 

190(b) incorporated N.J.A.C. 7:31-7.1(c) 

and N.J.A.C. 7:31-7.2 for all covered 

processes.

40 CFR 68.190(b)

N.J.A.C. 7:31-7.1(c)5

N.J.A.C. 7:31-7.2

1,000 2,000 5,000 NM
This is a courtesy copy of this rule. All of the Department’s rules are compiled in Title 7 of the New Jersey Administrative Code.

 - 225 - Rev. 9

Categories of Offense Cite First

Offense

Second

Offense

Subsequent

Offenses 

Type of

Violation

Grace

Period

(days)

576. Failure to revise and update the RMP 

submitted under 40 CFR 68.150 

incorporated with changes specified at 

N.J.A.C. 7:31-7.1(c)1 and 2 at least once 

every five years from the date of its initial 

submission or most recent update required 

by 40 CFR 68.190(b)(2) through (b)(7), 

whichever is later. For purposes of 

determining the date of initial submissions, 

RMPs submitted before June 21, 1999 are 

considered to have been submitted on that 

date. 

40 CFR 68.190(b)(1), 

N.J.A.C. 7:31-7.1(c)5

1,000 2,000 5,000 NM

577. Failure to revise and update the RMP 

submitted under 40 CFR 68.150 

incorporated with changes specified at 

N.J.A.C. 7:31-7.1(c)1 and 2 prior to three 

years after a newly regulated substance is 

first listed by EPA. 

40 CFR 68.190(b)(2), 

N.J.A.C. 7:31-7.1(c)5

1,000 2,000 5,000 NM

578. Failure to revise and update the RMP 

submitted under 40 CFR 68.150 

incorporated with changes specified at 

N.J.A.C. 7:31-7.1(c)1 and 2 prior to the 

date on which a new regulated substance is 

first present above a threshold quantity in an 

already covered process. 

40 CFR 68.190(b)(3), 

N.J.A.C. 7:31-7.1(c)5

1,000 2,000 5,000 NM

579. Failure to revise and update the RMP 

submitted under 40 CFR 68.150 

incorporated with changes specified at 

N.J.A.C. 7:31-7.1(c)1 and 2 prior to the 

date on which a regulated substance was 

first present above a threshold quantity in a

new process. 

40 CFR 68.190(b)(4), 

N.J.A.C. 7:31-7.1(c)5

1,000 2,000 5,000 NM

580. Failure to revise and update the RMP 

submitted under 40 CFR 68.150 

incorporated with changes specified at 

N.J.A.C. 7:31-7.1(c)1 and 2 within six 

months of a change that requires a revised 

PHA. 

40 CFR 68.190(b)(5), 

N.J.A.C. 7:31-7.1(c)5

1,000 2,000 5,000 NM
This is a courtesy copy of this rule. All of the Department’s rules are compiled in Title 7 of the New Jersey Administrative Code.

 - 226 - Rev. 9

Categories of Offense Cite First

Offense

Second

Offense

Subsequent

Offenses 

Type of

Violation

Grace

Period

(days)

581. Failure to revise and update the RMP 

submitted under 40 CFR 68.150 

incorporated with changes specified at 

N.J.A.C. 7:31-7.1(c)1 and 2 within six 

months of a change that requires a revised 

offsite consequence analysis as provided in 

40 CFR 68.3 incorporated at N.J.A.C. 7:31-

2.1(c). 

40 CFR 68.190(b)(6), 

N.J.A.C. 7:31-7.1(c)5

1,000 2,000 5,000 NM

582. Failure to revise and update the RMP 

submitted under 40 CFR 68.150 

incorporated with changes specified at 

N.J.A.C. 7:31-7.1(c)1 and 2 within six 

months of a change that alters the Program 

level that applied to any covered process. 

40 CFR 68.190(b)(7), 

N.J.A.C. 7:31-7.1(c)5

1,000 2,000 5,000 NM

583. Failure to submit a de-registration to EPA 

and the Department within six months of 

being no longer subject to 40 CFR 68 as 

incorporated at N.J.A.C. 7:31 indicating 

that the stationary source is no longer 

covered. 

40 CFR 68.190(c), 

N.J.A.C. 7:31-7.1(a)

1,000 2,000 5,000 M 30

584. Failure to correct the RMP for any 

accidental release meeting the five-year 

accident history reporting criteria of 40 

CFR 68.42 and occurring after April 9, 

2004 by submitting the data required under 

40 CFR 68.168 and 68.175(l) with respect 

to that accident within six months of the 

release or by the time the RMP is updated 

under 40 CFR 68.190, whichever is earlier.

40 CFR 68.195(a),

N.J.A.C. 7:31-7.1(a)

1,000 2,000 5,000 NM

585. Failure to correct the RMP beginning June 

21, 2004, within one month of any change 

in the emergency contact information 

required under 40 CFR 68.160(b)(6), the 

owner or operator shall submit a correction 

of that information.

40 CFR 68.195(b),

N.J.A.C. 7:31-7.1(a)

1,000 2,000 5,000 NM

586. Failure to submit to the Department in a 

specified format all documents required by 

40 CFR 68.150 incorporated with changes 

specified at N.J.A.C. 7:31-7.1(c)1 and 2. 

 

N.J.A.C. 7:31-7.2(a)1 1,000 2,000 5,000 M 30
This is a courtesy copy of this rule. All of the Department’s rules are compiled in Title 7 of the New Jersey Administrative Code.

 - 227 - Rev. 9

Categories of Offense Cite First

Offense

Second

Offense

Subsequent

Offenses 

Type of

Violation

Grace

Period

(days)

587. Failure to submit to the Department in a 

specified format, supplemental TCPA 

program information including 

identification of the position titles, expertise 

and affiliation of the persons involved with 

the development of each element of the risk 

management program. 

N.J.A.C. 7:31-7.2(a)2i 1,000 2,000 5,000 M 30

588. Failure to submit to the Department in a 

specified format supplemental TCPA 

program information including a description 

and profile of the area in which the covered 

process is situated and its proximity to 

population and water supplies. 

N.J.A.C. 7:31-7.2(a)2ii 1,000 2,000 5,000 M 30

589. Failure to submit to the Department in a 

specified format supplemental TCPA 

program information identifying insurance 

carriers underwriting the stationary source's 

environmental liability and workers 

compensation insurance policies including 

the address of the carrier, the type of policy, 

the amount of insurance and limitations or 

exclusions to the policy. 

N.J.A.C. 7:31-7.2(a)2iii 1,000 2,000 5,000 M 30

590. Failure to submit to the Department in a 

specified format supplemental TCPA 

program information identifying the 

extraordinarily hazardous substances 

inventory at the covered process as end 

products, intermediate products, byproducts or waste products. 

N.J.A.C. 7:31-7.2(a)2iv 1,000 2,000 5,000 M 30

591. Failure to identify and register each 

regulated individual RHS and RHS Mixture 

and provide in the RMP registration section 

pursuant to 40 CFR 68.160(b)(7) 

incorporated at N.J.A.C. 7:31-7.1(a) the 

total amount of the individual RHS in the 

covered process for each individual RHS 

listed at N.J.A.C. 7:31-6.3(a), Table I, Part 

D, Group I.

N.J.A.C. 7:31-7.2(a)3i 1,000 2,000 5,000 NM
This is a courtesy copy of this rule. All of the Department’s rules are compiled in Title 7 of the New Jersey Administrative Code.

 - 228 - Rev. 9

Categories of Offense Cite First

Offense

Second

Offense

Subsequent

Offenses 

Type of

Violation

Grace

Period

(days)

592. Failure to identify and register a RHS 

Mixture in the RMP registration section 

pursuant to 40 CFR 68.160(b)(7) 

incorporated at N.J.A.C. 7:31-7.1(a) the 

maximum capacity of the process vessel 

containing the RHS Mixture, for each 

regulated RHS Mixture identified pursuant 

to N.J.A.C. 7:31-6.3. 

or

Failure to register the total combined 

capacity of multiple vessels with a capacity 

at or above the threshold quantity of an 

RHS Mixture.

N.J.A.C. 7:31-7.2(a)3ii 1,000 2,000 5,000 NM

593. Failure to identify and register each 

regulated individual RHS and RHS mixture 

and provide in the RMP registration section 

pursuant to 40 CFR 68.160(b)(7) 

incorporated at N.J.A.C. 7:31-7.1(a) the 

heat of reaction range for RHS mixtures in 

calories/gram of RHS mixture as listed at 

Table II of N.J.A.C. 7:31-6.3(c). 

or

Failure to identify and register the RHS 

mixture having the highest heat of reaction 

range as shown on Table II in the RMP 

registration section pursuant to 40 CFR 

68.160(b)(7) incorporated at N.J.A.C. 7:31-

7.1(a) when more than one RHS mixture is 

present in the process vessel at different 

times.

N.J.A.C. 7:31-7.2(a)3iii 1,000 2,000 5,000 NM

594. Failure to identify and register the EHS 

listed on Part A, B, or C as a toxic or 

flammable substance, as applicable, and the 

RHS mixture in the RMP registration 

section pursuant to 40 CFR 68.160(b)(7) 

incorporated at N.J.A.C. 7:31-7.1(a), for 

RHS Mixtures containing one or more 

EHS(s) listed in Parts A, B, or C of Table I 

at the facility at or above their threshold.

N.J.A.C. 7:31-7.2(a)3iv 1,000 2,000 5,000 NM
This is a courtesy copy of this rule. All of the Department’s rules are compiled in Title 7 of the New Jersey Administrative Code.

 - 229 - Rev. 9

Categories of Offense Cite First

Offense

Second

Offense

Subsequent

Offenses 

Type of

Violation

Grace

Period

(days)

595. Failure to submit a correction to the 

Department within 60 days of an increase in 

maximum inventory of a covered process in 

addition to the updates required by N.J.A.C. 

7:31-7.1(c)3 through 5.

N.J.A.C. 7:31-7.2(b) 2,000 4,000 10,000 NM

596. Failure to submit to the Department a Risk 

Management Plan correction within one 

month of a change in the qualified person or 

position.

N.J.A.C. 7:31-7.2(c) 500 1,000 2,500 M 30

597. Failure to adopt the existing, or obtain a 

new, approved TCPA risk management 

program for the covered process before 

operating EHS equipment following the 

transfer of the covered process to a new 

owner or operator or change in ownership 

or the name of an owner or operator. 

N.J.A.C. 7:31-7.4(a) 2,000 4,000 10,000 NM

598. Failure to adopt an existing approved TCPA 

risk management program by submitting an 

updated registration in accordance with 

N.J.A.C. 7:31-7 and signing an addendum 

to the consent agreement that was 

previously signed by the Department and 

the former owner or operator. 

N.J.A.C. 7:31-7.4(b) 2,000 4,000 10,000 NM

599. Failure to comply with the approved risk 

management program for EHSs listed in 

N.J.A.C. 7:31-6.3, Table I, Parts A, B, C, or 

D until the risk management program is 

revised to reflect the new requirements of 

N.J.A.C. 7:31.

or

Failure to revise the risk management 

program to reflect the new requirements of 

this chapter no later than March 16, 2010. 

N.J.A.C. 7:31-7.5(a) 2,000 4,000 10,000 NM
This is a courtesy copy of this rule. All of the Department’s rules are compiled in Title 7 of the New Jersey Administrative Code.

 - 230 - Rev. 9

Categories of Offense Cite First

Offense

Second

Offense

Subsequent

Offenses 

Type of

Violation

Grace

Period

(days)

600. Failure of an owner or operator having 

reactive hazard substance mixtures subject 

to this chapter with newly listed functional 

group number 44 on N.J.A.C. 7:31-6.3(a), 

Table 1, Part D, Group II, or that is newly 

subject to this chapter as a result of the 

change to applicability based on the heat of 

reaction to “calories per gram of the 

substance with the specified functional 

group” (instead of “calories per gram of the 

RHS mixture”) as specified at N.J.A.C. 

7:31-6.3(b)2, at or above threshold 

quantities to be in compliance with this 

chapter by March 16, 2010. 

N.J.A.C. 7:31-7.5(b) 2,000 4,000 10,000 NM

601. Failure of an owner or operator having 

propane (CAS No. 74-98-6), propylene 

(CAS No. 115-07-1), butanes (normal 

butane (CAS No. 106-97-8) or isobutane 

(CAS No. 75-28-5), or butylenes (1-butene 

(CAS No. 106-98-9), 2-butene (CAS No. 

107-01-7), butene (CAS No. 25167-67-3), 

2-butene-cis (CAS No. 590-18-1), 2-butenetrans (CAS No. 624-64-6), and 2-

methylpropene (CAS No. 115-11-7)) listed 

at N.J.A.C. 7:31-6.3(a), at Table I, Part C, 

at or above threshold quantities to be in 

compliance with this chapter by March 16, 

2010.

N.J.A.C. 7:31-7.5(e) 2,000 4,000 10,000 NM

602. Failure of an owner or operator having 

individual RHSs listed in Table 1, Part D, 

Group I, that are received, stored and 

handled in combination with one or more 

other chemical substances specifically 

formulated to inhibit the reactive hazard 

(such as water reactivity, pyrophoric, or 

self-reacting) where the RHS is at or above 

the threshold quantity to be in compliance 

with this chapter by March 16, 2010.

N.J.A.C. 7:31-7.5(f) 2,000 4,000 10,000 NM
This is a courtesy copy of this rule. All of the Department’s rules are compiled in Title 7 of the New Jersey Administrative Code.

 - 231 - Rev. 9

Categories of Offense Cite First

Offense

Second

Offense

Subsequent

Offenses 

Type of

Violation

Grace

Period

(days)

603. Failure of an owner or operator having an 

approved risk management program for 

EHSs listed in N.J.A.C. 7:31-6.3, Table I, 

Parts A, B, C, or D to comply with the 

process hazard analysis with risk assessment 

requirements of 40 CFR 68.67 with changes 

specified at N.J.A.C. 7:31-4.1(c) and 4.2. 

 

N.J.A.C. 7:31-7.5(g) 2,000 4,000 10,000 NM

604. Failure to maintain records supporting the 

implementation of 40 CFR 68 as 

incorporated at N.J.A.C. 7:31 for five years 

unless otherwise provided in N.J.A.C. 7:31-

3 and 4 and as follows: mechanical 

integrity/preventive maintenance records for 

the lifetime of EHS equipment, design 

safety review reports for the lifetime of a 

covered process, and hot work permits until 

they are reviewed in the next Department 

audit or inspection..

 

40 CFR 68.200, 

N.J.A.C. 7:31-8.1(c)1

2,000 4,000 10,000 NM

605. Failure to provide the Department access to 

the stationary source, supporting 

documentation, or any area where an 

accidental release could occur in 

accordance with N.J.A.C. 7:31-8.2. 

40 CFR 68.220(d), 

N.J.A.C. 7:31-8.1(c)2 and 

5

2,000 4,000 10,000 NM

606. Failure to include in the written response to 

a preliminary determination a statement that 

the revisions contained in the preliminary 

determination will be implemented in 

accordance with the timetable included in 

the preliminary determination or a statement 

that the revisions in whole or in part are 

rejected. 

or

Failure to explain the basis for rejecting in 

whole or in part a revision contained in a 

preliminary determination. 

40 CFR 68.220(f)(1), 

N.J.A.C. 7:31-8.1(c)7

2,000 4,000 10,000 NM

607. Failure to submit the written response under 

40 CFR 68.220(f)(1) as incorporated at 

N.J.A.C. 7:31-8.1(c)7 to the Department 

within 60 days of the issue of the 

preliminary determination. 

40 CFR 68.220(f)(2), 

N.J.A.C. 7:31-8.1(c)8

4,000 8,000 20,000 NM
This is a courtesy copy of this rule. All of the Department’s rules are compiled in Title 7 of the New Jersey Administrative Code.

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Categories of Offense Cite First

Offense

Second

Offense

Subsequent

Offenses 

Type of

Violation

Grace

Period

(days)

608. Failure to enter into a consent agreement (or 

consent agreement addendum for previously 

approved risk management programs) with 

the Department within 120 days of receipt 

of a preliminary determination. 

or

Failure to comply with the requirements of 

the approved risk management program as 

set forth in the consent agreement or 

consent agreement addendum. 

40 CFR 68.220(g), 

N.J.A.C. 7:31-8.1(c)9

2,000 4,000 10,000 NM

609. Failure to revise and submit the RMP 

prepared under 40 CFR 68.150 as 

incorporated at N.J.A.C. 7:31-7.1(c) as 

required by a consent agreement, consent 

agreement addendum or administrative 

order under 40 CFR 68.220(g) as 

incorporated at N.J.A.C. 7:31-8.1(c)9 

within 30 days after completion of the 

actions detailed in the implementation 

schedule set forth in the consent agreement, 

consent agreement addendum or 

administrative order. 

40 CFR 68.220(h), 

N.J.A.C. 7:31-8.1(c)10

2,000 4,000 10,000 NM

610. Failure to provide the Department the right 

to enter and inspect and/or audit any 

facility, building or equipment, or any 

portion thereof, at any time, in order to 

determine compliance with the TCPA, 

N.J.A.C. 7:31, any order, consent order or 

agreement.

or

Failure to provide the Department the right 

to test or sample any materials at the 

facility, to sketch or photograph any portion 

of the stationary source, building or 

equipment, to copy or photograph any 

document or records necessary to determine 

such compliance or non-compliance, and to 

interview any employees or representatives 

of the owner or operator. 

or

Failure to assist the Department by 

hindering or delaying during the 

performance of any aspects of an inspection 

or audit. 

N.J.A.C. 7:31-8.2(a) 2,000 4,000 10,000 NM
This is a courtesy copy of this rule. All of the Department’s rules are compiled in Title 7 of the New Jersey Administrative Code.

 - 233 - Rev. 9

Categories of Offense Cite First

Offense

Second

Offense

Subsequent

Offenses 

Type of

Violation

Grace

Period

(days)

611. Failure to submit to the Department a risk 

management program document for review. 

N.J.A.C. 7:31-8.2(c) 1,000 2,000 5,000 NM

612. Failure to include the certification with any 

risk management program document 

required to be submitted.

N.J.A.C. 7:31-8.2(c)1 2,000 4,000 10,000 M 30

613. Failure to submit true, accurate or complete 

information.

N.J.A.C. 7:31-8.2(c)1 2,000 4,000 10,000 NM

614. Failure to sign the certification by the 

qualified person or position specified in the 

owner or operator’s risk management plan, 

or person of higher authority for the owner 

or operator.

N.J.A.C. 7:31-8.2(c)2 2,000 4,000 10,000 M 30

615. Failure to make documentation required 

pursuant to this chapter readily accessible 

for review by the Department during an 

audit or inspection.

N.J.A.C. 7:31-8.2(e) 2,000 4,000 10,000 NM

616. Failure to assist the Department in 

developing a work plan to perform an 

Extraordinarily Hazardous Substance 

Accident Risk Assessment (EHSARA) and 

develop a risk reduction plan. 

N.J.A.C. 7:31-9.1(a) 2,000 4,000 10,000 NM

617. Failure to compile and submit to the 

Department the list of risk management 

program documents within 30 days after 

receipt of notice of the determination that 

the owner or operator does not have an 

established risk management program. 

or

Failure to group the list of documents by 

operating or utility unit area in EHS service 

at the stationary source giving their 

document number, name, the EHS involved, 

most recent revision number and date, file 

location at the stationary source, and code 

of sheet size according to ANSI Y14.1-

1996 (A, B, C, D, or E) or Deutshes 

Institute Fuer Normung (DIN) 823-1965 

(A4, A3, A2, A1, or A0). 

N.J.A.C. 7:31-9.1(c) 2,000 4,000 10,000 NM
This is a courtesy copy of this rule. All of the Department’s rules are compiled in Title 7 of the New Jersey Administrative Code.

 - 234 - Rev. 9

Categories of Offense Cite First

Offense

Second

Offense

Subsequent

Offenses 

Type of

Violation

Grace

Period

(days)

618. Failure to attend a meeting with the 

Department for the purpose of discussing 

any workplan items listed at N.J.A.C. 7:31-

9.1(d)1 through 7. 

N.J.A.C. 7:31-9.1(d)1 

through 7

2,000 4,000 10,000 NM

619. Failure to submit within 60 days of receipt 

of the finished workplan the names and 

proposals of three consultants who meet the 

requirements at N.J.A.C. 7:31-9.4(b) and 

are willing and able to perform the 

EHSARA in accordance with the schedule 

set in the work plan. 

N.J.A.C. 7:31-9.3(b) 2,000 4,000 10,000 NM

620. Failure to obtain approval in writing from 

the Department to subcontract work 

involved in the EHSARA. 

N.J.A.C. 7:31-9.3(c)4 750 1,500 3,750 NM

621. Failure to submit the names and proposals 

of an additional three consultants to the 

Department for its selection of one of the 

consultants to perform the EHSARA within 

60 days after the Department's 

determination that none of the original 

proposals meet the requirements in N.J.A.C. 

7:31-9.4. 

N.J.A.C. 7:31-9.4(d)2 2,000 4,000 10,000 NM

622. Failure to execute a contract with the 

consultant chosen by the Department within 

45 days after receipt of the name of the 

consultant from the Department. 

N.J.A.C. 7:31-9.4(e) 2,000 4,000 10,000 NM

623. Failure to require the consultant to perform 

the EHSARA and develop a recommended 

risk reduction plan which includes the 

identification of those activities necessary to 

create a risk management program in 

conformity with the work plan developed 

and explained at the meeting held pursuant 

to N.J.A.C. 7:31-9.1(d).

 

N.J.A.C. 7:31-9.4(f) 2,000 4,000 10,000 NM

624. Failure to require the consultant to prepare 

an EHSARA report upon completion of the 

EHSARA which includes recommendations 

to reduce risks. 

N.J.A.C. 7:31-9.5(a) 2,000 4,000 10,000 NM
This is a courtesy copy of this rule. All of the Department’s rules are compiled in Title 7 of the New Jersey Administrative Code.

 - 235 - Rev. 9

Categories of Offense Cite First

Offense

Second

Offense

Subsequent

Offenses 

Type of

Violation

Grace

Period

(days)

625. Failure to submit the original EHSARA 

report to the Department in accordance with 

the schedule set forth in the work plan. 

N.J.A.C. 7:31-9.5(b) 2,000 4,000 10,000 M 30

626. Failure to include in the EHSARA report 

the findings of the verification required by 

N.J.A.C. 7:31-9.2(a)2. 

N.J.A.C. 7:31-9.5(c)1 1,000 2,000 5,000 NM

627. Failure to include in the EHSARA report 

the findings of the review required by 

N.J.A.C. 7:31-9.2(a)3. 

N.J.A.C. 7:31-9.5(c)2 1,000 2,000 5,000 NM

628. Failure to include in the EHSARA report 

the findings of the safety review required by 

N.J.A.C. 7:31-9.2(a)4. 

N.J.A.C. 7:31-9.5(c)3 1,000 2,000 5,000 NM

629. Failure to include in the EHSARA report 

the reports of the process hazard analysis 

with risk assessment required by N.J.A.C. 

7:31-9.2(a)5. 

N.J.A.C. 7:31-9.5(c)4 1,000 2,000 5,000 NM

630. Failure to include in the EHSARA report 

the findings of the reviews required by 

N.J.A.C. 7:31-9.2(a)6 through 10. 

N.J.A.C. 7:31-9.5(c)5 1,000 2,000 5,000 NM

631. Failure to include in the EHSARA report 

the recommended risk reduction plan 

including the listing of all of the 

deficiencies identified in N.J.A.C. 7:31-

9.5(d)1 through 4, the remedial actions and 

alternatives to correct the deficiencies or a 

proposed schedule for implementation. 

N.J.A.C. 7:31-9.5(d)5 1,000 2,000 5,000 NM

632. Failure to implement the risk reduction plan 

which includes a list of risks that must be 

reduced. 

N.J.A.C. 7:31-9.5(e)1 4,000 8,000 20,000 NM

633. Failure to implement the risk reduction plan 

which includes the scheduled actions that 

were required to be taken to reduce the risks 

including those necessary to complete a risk 

management program meeting the 

requirements of N.J.A.C. 7:31-4.

N.J.A.C. 7:31-9.5(e)2 4,000 8,000 20,000 NM

Note that Subchapter 3 is being deleted by this revision. The requirements of this subchapter remain valid for 365 
This is a courtesy copy of this rule. All of the Department’s rules are compiled in Title 7 of the New Jersey Administrative Code.

 - 236 - Rev. 9

days after adoption of this revision for facilities presently registered as being in Program 2. Subsequent to that date, 

March 16, 2010, all facilities registered with TCPA will be Program 3 and the requirements of Subchapter 3 will be 

void. Penalties 10 thru 14, 108 thru 208, and 522 thru 540 will be deleted at that time.

(d) The Department may assess a civil administrative penalty for a violation of the Toxic 

Catastrophe Prevention Act and for violations of any rule, consent agreement or administrative order adopted or 

issued pursuant thereto, for which no penalty amount is specified under N.J.A.C. 7:31-11.4(c), according to the 

following:

1. The Department shall assess a penalty in an amount not to exceed the following:

i. Not more than $10,000 for the first offense;

ii. Not more than $20,000 for the second offense; and

iii. Not more than $50,000 for the third and each subsequent offense.

2. The Department shall determine whether the violation is a minor violation and subject 

to a grace period or whether the violation is non-minor and not subject to a grace period and shall 

assess a penalty as follows:

i. If, pursuant to (e) below, the violation is comparable to a violation listed in (c) 

above, and the comparable violation in (c) above is minor, then the violation under this section is also 

minor, provided the criteria at N.J.A.C. 7:31-11.5(c)1 through 4 are also met. The minor violation 

shall be subject to the grace period set forth in (c) above for the comparable violation, and the penalty 

shall be assessed in the amount of the penalty for the comparable violation, in accordance with the 

procedures set forth at N.J.A.C. 7:31-11.5; 

ii. If the violation is not comparable to a violation listed in (c) above andthe 

violation meets all of the criteria at (d)2ii(1) through (3) below as well as the criteria at N.J.A.C. 7:31-

11.5(c)1 through 4, then the violation under this section is minor. The minor violation shall be subject 

to a grace period of 30 days, and may be subject to a penalty to be assessed under (d)1 above, in 

accordance with the procedures set forth at N.J.A.C. 7:31-11.5. 

(1) The violation poses minimal risk to the public health, safety and natural 

resources;

(2) The violation does not materially and substantially undermine or impair 

the goals of the regulatory program; and

(3) The activity or condition constituting the violation is capable of being 

corrected and compliance achieved within the time prescribed by the 

Department;

iii. If, pursuant to (e) below, the violation is comparable to a violation listed in (c) 

above, and the comparable violation in (c) above is non-minor, then the violation under this section is also 

non-minor and the penalty shall be assessed in the amount of the penalty for the comparable non-minor 

violation. 

iv. If the violation is not comparable to a violation listed in (c) above and the 

violation does not meet the requirements of (d)2ii above, the violation is non-minor and the penalty 
This is a courtesy copy of this rule. All of the Department’s rules are compiled in Title 7 of the New Jersey Administrative Code.

 - 237 - Rev. 9

shall be assessed pursuant to (d)1 above, and (g) below as appropriate.

(e) Comparability of a violation under (d) above with a violation listed in (c) above is based 

upon the nature of the violation (for example, a violation of recordkeeping, completeness, reporting 

completeness or performance of risk management program requirements) and the nature and extent of the 

extraordinarily hazardous accident risk likely to result from the type of violation.

(f) If the owner or operator has not committed the same offense within the three year period 

preceding the pending offense, the penalty for the pending offense will be assessed at the frequency of 

violation level of the prior offense. The Department may, in its discretion, treat an offense as a first offense 

solely for civil administrative penalty determination purposes if the violator has not committed the same 

offense in the five years immediately preceding the date of the pending offense. 

(g) The Department may, in its discretion, adjust the amount of any penalty assessed for a nonminor violation pursuant to this section to assess a civil administrative penalty amount no greater than 

$10,000 for the first offense, $20,000 for the second offense and $50,000 for the third and each subsequent 

offense, based upon any or all of the following factors:

1. The nature of the violation;

2. The nature and extent of the extraordinarily hazardous accident risk;

3. The nature, timing and effectiveness of prevention measures to minimize 

extraordinarily hazardous accident risks in addition to those minimally required by applicable statute or rule;

4. The compliance history of the violator;

5. The number of times and the frequency with which the violation occurred;

6. The severity of the violation;

7. Any other mitigating, extenuating or aggravating circumstances; and/or

8. The nature, timing and effectiveness of any measures taken by the violator to 

mitigate the effects of the violation for which the penalty is being assessed.

7:31-11.5 Grace period applicability; procedures

(a) Each violation identified in the penalty table at N.J.A.C. 7:31-11.4(c) Table III by an 

“M” in the Type of Violation column and for each violation determined under N.J.A.C. 7:31-11.4(d) as 

minor, for which conditions at (c) below are satisfied, is a minor violation and is subject to a grace 

period, the length of which (in days) is indicated in the column with the heading “Grace Period.”

(b) Each violation identified in the penalty table at N.J.A.C. 7:31-11.4(c) Table III by an 

“NM” in the Type of Violation column is a non-minor violation and is not subject to a grace period.

(c) The Department shall provide a grace period for any violation identified as minor under 

this section, provided that the following conditions are met:

1. The violation is not the result of the purposeful, knowing, reckless or criminally 
This is a courtesy copy of this rule. All of the Department’s rules are compiled in Title 7 of the New Jersey Administrative Code.

 - 238 - Rev. 9

negligent conduct of the person responsible for the violation;

2. The activity or condition constituting the violation has existed for less than 12 months 

prior to the date of discovery by the Department or local government agency;

3. The person responsible for the violation has not been identified in a previous 

enforcement action by the Department or a local government agency as responsible for the same or a 

substantially similar violation at the same stationary source within the preceding 12-month period; and

4. The person responsible for the violation has not been identified by the Department or a 

local government agency as responsible for the same or substantially similar violations at any time that 

reasonably indicate a pattern of illegal conduct and not isolated incidents on the part of the person 

responsible.

(d) For a violation determined to be minor under (c) above, the following provisions apply:

1. The Department or local government agency shall issue a notice of violation to the 

person responsible for the minor violation that: 

i. Identifies the condition or activity that constitutes the violation and the 

specific statutory and regulatory provision or other requirement violated; and

ii. Specifies that a penalty may be imposed unless the minor violation is 

corrected and compliance is achieved within the specified grace period.

2. If the person responsible for the minor violation corrects that violation and 

demonstrates, in accordance with (d)3 below, that compliance has been achieved within the specified 

grace period, the Department or local government agency shall not impose a penalty for the violation, 

and the violation will not be considered an offense for purposes of determining whether the violation 

constitutes a second or subsequent offense.

3. The person responsible for the minor violation shall submit to the Department or 

local government agency, before the end of the specified grace period, written information, certified in 

accordance with 40 C.F.R. 68.185, incorporated by reference at N.J.A.C. 7:31-7.1, and signed by a 

qualified person or position as defined in N.J.A.C. 7:31-1.5, detailing the corrective action taken or 

compliance achieved. 

4. If the person responsible for the minor violation seeks additional time beyond the 

specified grace period to achieve compliance, the person shall request an extension of the specified grace 

period. The request shall be made in writing no later than one week before the end of the specified grace 

period and include the anticipated time needed to achieve compliance, the specific cause or causes of the 

delay, and any measures taken or to be taken to minimize the time needed to achieve compliance and shall 

be certified in accordance with 40 C.F.R. 68.185, incorporated by reference at N.J.A.C. 7:31-7.1. The 

Department may, at its discretion, approve in writing an extension, which shall not exceed 90 days, to 

accommodate the anticipated delay in achieving compliance. In exercising its discretion to approve a 

request for an extension, the Department may consider the following: 

i. Whether the violator has taken reasonable measures to achieve compliance in 
This is a courtesy copy of this rule. All of the Department’s rules are compiled in Title 7 of the New Jersey Administrative Code.

 - 239 - Rev. 9

a timely manner; 

ii. Whether the delay has been caused by circumstances beyond the control 

of the violator;

iii. Whether the delay will pose a risk to the public health, safety and natural 

resources; and 

iv. Whether the delay will materially or substantially undermine or impair 

the goals of the regulatory program.

5. If the person responsible for the minor violation fails to demonstrate to the 

Department or local government agency that the violation has been corrected and compliance achieved 

within the specified grace period, or within the approved extension, if any, the Department or local 

government agency may, in accordance with the provisions of this chapter, impose a penalty that is 

retroactive to the date on which the notice of violation under (d)1 above was issued.

6. The person responsible for a minor violation shall not request more than one 

extension of a grace period specified in a notice of violation.