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

- 1

- Rev. 9 

# 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, Re adoption;

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 , 20 12



### Explanation of the Consolidated Rule Document

The pur pose 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 CF R 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 thos e that are changed, respectively. This document show s the 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 gi ves 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 D epartment’s rules are compiled in Title 7 of the New Jersey Administrative Code.

- 2

- Rev. 9 5. Amendments to t he TCPA rule that were published in the M arch 1 6 , 200 9 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

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

- 3

- Rev. 9 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 Sta te definitions 1 2 §68.10 Applicability. 2 1 §68.12 General requirements. 2 2 §68.15 Management. 2 3

7:31

- 1.2 Construction 2 4

7:31

- 1.3 Purpose 2 4

7:31

- 1.4 Incorporation by reference of the Code of Federal Regulations 2 4

7:31

- 1.6 Severability 2 5

7:31

- 1. 7 Practice where these rules do not govern 2 5

7:31

- 1.8 Document availability 2 6

7:31

- 1.9 Prohibitions 2 6

7:31

- 1.10 Prevention of catastrophic accidents 2 7

7:31

- 1.11A Fees (Effective on June 21, 1999) 2 8

7:31

- 1.12 Release of information by insurance ca rriers 3 1

SUBCHAPTER 2. HAZARD ASSESSMENT

7:31

- 2.1 Incorporation by reference 3 4 §68.20 Applicability. 3 4 §68.22 Offsite consequence analysis parameters. 3 4 §68.25 Worst

- case release scenario analysis. 3 5 §68.28 Alternative release scenar io analysis. 3 7 §68.30 Defining offsite impacts

-- population. 3 8 §68.33 Defining offsite impacts

-- environment. 3 8 §68.36 Review and update. 39 §68.39 Documentation

. 39 §68.42 Five

- year accident history. 39 Appendix A to Part 68

– Table of Tox ic Endpoints 41

7:31

- 2.2 RHS Hazard Assessment 44

SUBCHAPTER 3. Reserved 45

SUBCHAPTER 4. MINIMUM REQUIREMENTS FOR A PROGRAM 3 TCPA RISK

MANAG EMENT PROGRAM

7:31

- 4.1 Incorporation by reference 47This is a courtesy copy of this rule. All of the D epartment’s rules are compiled in Title 7 of the New Jersey Administrative Code.

- 4

- Rev. 9 §68.65 Process safety information. 5 0 §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 ri sk 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 int egrity /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. 6 0

7:31

- 4.7 Safety reviews: design and pre

- startup 6 1 §68.79 Compliance audits

. 6 2 §68.81 Incident EHS accident or potential catastrophic event investigation. 6 2 §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 Inc orporation by reference 7 0 §68.90 Applicability. 7 0 §68.95 Emergency response program. 7 1

7:31

- 5.2 Emergency response program 7 1

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 79This is a courtesy copy of this rule. All of the D epartment’s rules are compiled in Title 7 of the New Jersey Administrative Code.

- 5

- Rev. 9 SUBCHAPTER 7. RISK MANAGEMENT PLAN AND TCPA PROGRAM SUBMISSION

7:31

- 7.1 Incorporation by reference 10 1 §68.150 Submission. 10 2 §68.151 Assertion of claims of confidential business information

. 10 2 §68.152 Substantiating claims of confidential business information

. 10 3 §68.155 Executive summary

. 10 3 §68.160 Reg istration. 10 3 §68.165 Offsite consequence analysis. 1 04 §68.168 Five

- year accident history

. 1 05 §68.175 Prevention program/Program 3. 1 06 §68.180 Emergency response program. 1 06 §68.185 Certification. 1 07 §68.190 Updates. 1 07 § 68.195 Required corre ctions. 1 08

7:31

- 7.2 TCPA Risk Management Plan submission and updates 1 08

7:31

- 7.3 Risk management program and RMP

- initial evaluation 1 09

7:31

- 7.4 Transfer of risk management program 11 0

7:31

- 7.5 Schedule for risk management program implementation 11 0

SUBCHAPTER 8. OTHER FEDERAL REQUIREMENTS

7:31

- 8.1 Incorporation by reference 11 2 §68.200 Recordkeeping. 11 3 §68.220 Audits. 11 4

7:31

- 8.2 Audits 1 16

SUBCHAPTER 9. WORK PLAN/EHSARA

7:31

- 9.1 Work plan preparation 1 18

7:31

- 9.2 Generic sco pe of work 1 18

7:31

- 9.3 Selection of consultants 12 0

7:31

- 9.4 Proposal requirements 12 1

7:31

- 9.5 EHSARA report 12 3

SUBCHAPTER 10. CONFIDENTIALITY AND TRADE SECRETS

7:31

- 10.1 Scope and applicability 1 26

7:31

- 10.2 General provisions 1 26

7:31

- 10. 3 Exclusions from confidential information and privileged trade

secret or security information 1 27

7:31

- 10.4 Confidentiality claims 1 28

7:31

- 10.5 Determination of confidentiality claims 13 0This is a courtesy copy of this rule. All of the D epartment’s rules are compiled in Title 7 of the New Jersey Administrative Code.

- 6

- Rev. 9 7:31

- 10.6 Petitions to withhold privileged trade secret or sec urity information 13 3

7:31

- 10.7 Determinations of petitions to withhold privileged trade secret or

security information 1 36

7:31

- 10.8 Maintaining the confidentiality and security of confidential

information 1 38

7:31

- 10.9 Disclosure of confidential inf ormation 1 39

7:31

- 10.10 Wrongful access or disclosure 14 1

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 1 4 2

SUBCHAPTER 11. CIVIL ADMINISTRATIVE PENALTIES AND REQUESTS FOR

ADJUDICATORY HEARINGS

7:31

- 11.1 Authority and purpose 14 3

7:31

- 11.2 Procedures for issuance of administrative orders and assessment

of civil administrative penalties and payme nt of such penalties 14 3

7:31

- 11.3 Procedures to request an adjudicatory hearing 14 4

7:31

- 11.4 Civil administrative penalty determination 1 46

7:31

- 11.5 Grace period applicability; procedures 2 37This is a courtesy copy of this rule. All of the D epartment’s rules are compiled in Title 7 of the New Jersey Administrative Code.

- 7

- Rev. 9 SUBCHAPTER 1. GENERAL PROVISIONS

7:31

- 1.1 Incorporati on 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

CF R 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. Dele te 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 promu l gated 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 dete r mined

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 un it 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 “O wner or operator means any person who owns, leases, operates, controls, or supervises a facility (stationary source).”

3. 40 CFR 68.10 , Applicability:This is a courtesy copy of this rule. All of the D epartment’s rules are compiled in Title 7 of the New Jersey Administrative Code.

- 8

- Rev. 9 

### 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 th reshold 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 requir e ments 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 P rogram 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 requirem ents 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 "cha pter," 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;".This is a courtesy copy of this rule. All of the D epartment’s rules are compiled in Title 7 of the New Jersey Administrative Code.

- 9

- Rev. 9 

### 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 w ill 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 th e 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 Sco

pe.

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 a ny 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.

AIC hE/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 d esign 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 underThis is a courtesy copy of this rule. All of the D epartment’s rules are compiled in Title 7 of the New Jersey Administrative Code.

- 10

- Rev. 9 normal conditions of processing and use.

AS ME 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 determin ed 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 conde nses 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 de termined 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 wi ldlife 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 accid ental 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 conc entrations; 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 hospitali zation. 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.

Mechani cal 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 treatme nt, other than first aid, administered by a physician or registered professional personnel under standing orders from a physician.This is a courtesy copy of this rule. All of the D epartment’s rules are compiled in Title 7 of the New Jersey Administrative Code.

- 11

- Rev. 9 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 equipme nt, 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 natu ral 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 busines s 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 us ed 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), heatin g 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 sol vent 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 activit y i nvo lving 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 ves sels 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, park s, 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 prog ram.This is a courtesy copy of this rule. All of the D epartment’s rules are compiled in Title 7 of the New Jersey Administrative Code.

- 12

- Rev. 9 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 a re 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 storag e 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 l iquid 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 railroa d 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 s ite 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 vesse l 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 me anings, 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

C onference of Governmental Industrial Hygienists, and equivalent to the lowest of the following three categories: one

- tenth of the median lethal concentration (LC 50 ); or one times the lowest lethal concentration (LC LO ) of test data for any mammalian specie s in test periods up to eight hours; or the Immediately Dangerous to Life and Health (IDLH) concentration. LC 50 , LC LO , 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 imp lementing the Act and this chapter.

"ANSI" means American National Standards Institute.

"Budget

- expenditure variance" means the difference, either positive or negative, between the grossThis is a courtesy copy of this rule. All of the D epartment’s rules are compiled in Title 7 of the New Jersey Administrative Code.

- 13

- Rev. 9 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 incl ude 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 chapte r.

"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 ch apter 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 ident ified.

"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 c overed 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 Ene rgy.

"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 enviro nment.

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

- 14

- Rev. 9 piping, compressors, pumps, instrumentation and electrical equipment. EHS equipment includes fire suppression, risk mit igation, 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" me ans 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

contain ed , 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 th e 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 c overed 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 facil ity 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

oper a tors 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 employe es 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 transporta tion vehicles such as aircraft, ships, trucks or automobiles.

"Extraordinarily hazardous accident risk" means a potential for an EHS release which could produce aThis is a courtesy copy of this rule. All of the D epartment’s rules are compiled in Title 7 of the New Jersey Administrative Code.

- 15

- Rev. 9 significant likelihood that persons exposed may suffer acute health effects resulting in dea th 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 h azardous 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 an d 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 si te 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, developme nt, 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 sc ale 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 component s 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 chemistr y, 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 F MEA 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 fo llows: 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 miti gate 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, s tandard operating procedures, maintenance procedures, operator job descriptions, process flowThis is a courtesy copy of this rule. All of the D epartment’s rules are compiled in Title 7 of the New Jersey Administrative Code.

- 16

- Rev. 9 diagrams, EHS inventory tabulations, electrical one

- line diagrams and other documents. The logic diagram will

contain the conceivable human or mechanical event s equences 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 t he 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

fai lures, 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 suggeste d 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

sys tem 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 che mical 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 G race 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 proced ures, 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,

m ore 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

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

- 17

- Rev. 9 "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 H R means the change in the amount of heat energy of the substances contained in

a process ve ssel 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 decompositi on, 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 EH S 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 great est

.

"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 Ris k 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 proces s 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.This is a courtesy copy of this rule. All of the D epartment’s rules are compiled in Title 7 of the New Jersey Administrative Code.

- 18

- Rev. 9 "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 disc losure 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 instru ment 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

I nstrument 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 ins trument 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;

instr uments 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 symetri cal 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" me ans 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 pr ocess 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 l aw 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 infor mation 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

- ref erencing documents which give details of material balance, flows, raw materials, products, intermediates, treatment chemicals, operating conditions of temperature, pressure, and streamThis is a courtesy copy of this rule. All of the D epartment’s rules are compiled in Title 7 of the New Jersey Administrative Code.

- 19

- Rev. 9 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 p ursuant 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.

"Qualifi ed 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 f acility and who shall possess sufficient corporate authority and t echnical 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 h azard 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 re actant, 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 a s 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 facilitat e 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 theirThis is a courtesy copy of this rule. All of the D epartment’s rules are compiled in Title 7 of the New Jersey Administrative Code.

- 20

- Rev. 9 compliance with TCPA: detailed review o f 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 to tal 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 inter nal 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.

"Se curity 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 analysi s 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, sanita ry 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, walkwa ys, 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 effe ct 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 a ctivity 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 th e 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.This is a courtesy copy of this rule. All of the D epartment’s rules are compiled in Title 7 of the New Jersey Administrative Code.

- 21

- Rev. 9 "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 Jul y 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, proc ess 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 independentl y 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 t hreshold quantit y 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 req uirements 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 t his 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 reg ulated 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:This is a courtesy copy of this rule. All of the D epartment’s rules are compiled in Title 7 of the New Jersey Administrative Code.

- 22

- Rev. 9 (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 me et 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) Th e 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 CF R 55.2.

§68.12 General requirements.

(a) General requirements. The owner or operator of a stationary source subject to this part chapter shall 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 Pro gram 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 h ave 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 follo wing 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 p ose 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. TheThis is a courtesy copy of this rule. All of the D epartment’s rules are compiled in Title 7 of the New Jersey Administrative Code.

- 23

- Rev. 9 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 ope rator 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 t he 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 pr ocess 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 assess ment 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 manageme nt 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 impleme nting 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 c hart 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 ofThis is a courtesy copy of this rule. All of the D epartment’s rules are compiled in Title 7 of the New Jersey Administrative Code.

- 24

- Rev. 9 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 t he 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 p urpose 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 a nd 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 Ca tastrophe 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 red uction 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 e mergency 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 RegulationsThis is a courtesy copy of this rule. All of the D epartment’s rules are compiled in Title 7 of the New Jersey Administrative Code.

- 25

- Rev. 9 (a) Unless specific ally 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 incorpo rated 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, addit ions 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 fede ral 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 uncon

stitutional 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.,

26:2 C

- 1 et seq. and all other legislatively conferred powers.This is a courtesy copy of this rule. All of the D epartment’s rules are compiled in Title 7 of the New Jersey Administrative Code.

- 26

- Rev. 9 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 o f 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 Bookst ore 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 ar e 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 operato r 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 managementThis is a courtesy copy of this rule. All of the D epartment’s rules are compiled in Title 7 of the New Jersey Administrative Code.

- 27

- Rev. 9 program.

(b) No owner or operator of a facility for which there is no previous ly 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 pro cess 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 managemen t 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) N o 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 tak e 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 sa fety 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 o r risksThis is a courtesy copy of this rule. All of the D epartment’s rules are compiled in Title 7 of the New Jersey Administrative Code.

- 28

- Rev. 9 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 or der 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 annu al 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 cov ered 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 th e 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' c ompensation, 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 t han 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 Unite d 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, Div ision 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 asThis is a courtesy copy of this rule. All of the D epartment’s rules are compiled in Title 7 of the New Jersey Administrative Code.

- 29

- Rev. 9 of O ctober 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 o f 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. Deter mine 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 b ased 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 t hat 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 wit h 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 theThis is a courtesy copy of this rule. All of the D epartment’s rules are compiled in Title 7 of the New Jersey Administrative Code.

- 30

- Rev. 9 De partment.

(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 calculat ing 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

- 4.1 0 (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 subm itted, for the review of the claimThis is a courtesy copy of this rule. All of the D epartment’s rules are compiled in Title 7 of the New Jersey Administrative Code.

- 31

- Rev. 9 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 pri vileged 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 sha ll 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 Consume r 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 Busin ess, 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

accorda nce 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 relat ive 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 insuranc e 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 t he Department.

(b) The determination will be based on a finding that the insurance information is necessary for theThis is a courtesy copy of this rule. All of the D epartment’s rules are compiled in Title 7 of the New Jersey Administrative Code.

- 32

- Rev. 9 Department to evaluate effectively the owner or operator's EHS management practices;

(c) The information to be supplied to the Departmen t 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 equipmen t;
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 remedia l 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 reques ted 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.This is a courtesy copy of this rule. All of the D epartment’s rules are compiled in Title 7 of the New Jersey Administrative Code.

- 33

- Rev. 9 (This page intentionally blank)This is a courtesy copy of this rule. All of the D epartment’s rules are compiled in Title 7 of the New Jersey Administrative Code.

- 34

- Rev. 9 

### SUBCHAPTER 2. HAZARD ASSESSMENT

7:31

- 2.1 Incorpora tion 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 C FR 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 Appe ndix A of this part." add, "Toxic endpoints for Table I,

Part A toxic su b stances 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. T

he 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 us ed: (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 P art 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/m 2 for 40 seconds. (iii) Lower flammability limit. A l ower 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 atmosp heric 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 b e used. ForThis is a courtesy copy of this rule. All of the D epartment’s rules are compiled in Title 7 of the New Jersey Administrative Code.

- 35

- Rev. 9 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 ope rator 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 R MP 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 ma y 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 m eans 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 previo us 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 sce nario 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 § 6 8.22; (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

- cas e 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 affect ed 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 vesse l, 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 q uantity.This is a courtesy copy of this rule. All of the D epartment’s rules are compiled in Title 7 of the New Jersey Administrative Code.

- 36

- Rev. 9 (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 in stantaneously 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 vo latilization 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 mo del 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 i s 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 det ermined 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 re leased substance is not contained by passive mitigation systems or if the contained poolThis is a courtesy copy of this rule. All of the D epartment’s rules are compiled in Title 7 of the New Jersey Administrative Code.

- 37

- Rev. 9 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 t otal 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 pi pe, 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 th is 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 dis tance 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 pip e, 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 § 6 8.22 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 accou nt 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 mo del 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 ope rator 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) b eyond 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 scenar io to represent all flammable substances held in covered processes.This is a courtesy copy of this rule. All of the D epartment’s rules are compiled in Title 7 of the New Jersey Administrative Code.

- 38

- Rev. 9 (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 wors t

- 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 t o 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 th e 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

mode ling 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), pa rks 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 p otentially 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.This is a courtesy copy of this rule. All of the D epartment’s rules are compiled in Title 7 of the New Jersey Administrative Code.

- 39

- Rev. 9 Geological Survey maps or on any data so urce 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 store d 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 pipelin e 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 t he 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 affec ted.

§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 o f 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;This is a courtesy copy of this rule. All of the D epartment’s rules are compiled in Title 7 of the New Jersey Administrative Code.

- 40

- Rev. 9 (10) Whe ther 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.This is a courtesy copy of this rule. All of the D epartment’s rules are compiled in Title 7 of the New Jersey Administrative Code.

- 41

- Rev. 9 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......................... Acr ylyl 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]...................... 0.00 32

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................................... 0.011This is a courtesy copy of this rule. All of the D epartment’s rules are compiled in Title 7 of the New Jersey Administrative Code.

- 42

- Rev. 9 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

- Propeneni trile, 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 8 0% 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...........................Perchloro methylmercaptan [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.........................Phosphor us 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)

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

- 43

- Rev. 9 584

- 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].. 0.26This is a courtesy copy of this rule. All of the D epartment’s rules are compiled in Title 7 of the New Jersey Administrative Code.

- 44

- Rev. 9 7:31

- 2.2 RHS Hazard Assessment

(a) The own er 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 id entify, 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 Analy sis 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 owne r 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 paramete rs:

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 h undred 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 reacti on 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.This is a courtesy copy of this rule. All of the D epartment’s rules are compiled in Title 7 of the New Jersey Administrative Code.

- 45

- Rev. 9 SUBCHAPTER 3. Reserved.This is a courtesy copy of this rule. All of the D epartment’s rules are compiled in Title 7 of the New Jersey Administrative Code.

- 46

- Rev. 9 (This page intentionally blank)This is a courtesy copy of this rule. All of the D epartment’s rules are compiled in Title 7 of the New Jersey Administrative Code.

- 47

- Rev. 9 

### SUBCHAPTER 4. MINIMUM REQUIREMENTS FOR A PROGRAM 3 TCPA RISK

MANAGEMENT PROGRAM

7:31

- 4.1 Incorporation by refer ence

(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

sp ecified 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 const ruction";

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 potent ial 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 analys is, 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 anal ysis" 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 th e fourth sentence, after the phrase "process hazard analysis" add the phrase "with risk

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

- 48

- Rev. 9 

### 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 "in itial 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 assessmen t)."

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 b elow." 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 langu age 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 maintenan ce 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 ope r ated, are in accordance with the process safety information prepared pursuant to 40 CFR 68.65(c) and (d) as incorp o rated 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, audi t techniques, methods used and the names of the audit participants."This is a courtesy copy of this rule. All of the D epartment’s rules are compiled in Title 7 of the New Jersey Administrative Code.

- 49

- Rev. 9 

### 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 cata s trophic release of a regulated substance" and replace it with "EHS accident or potential catastrophic even t."

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 pote n tial catastrophic event," (see (c)15 above) add, "in chronologica l order providing all

the relevant facts. Include the ide n tity, amount and duration of the EHS release if these facts can be reasonably determined based on the information o b tained through the investigation. Also, identify the consequences, if any, of th e 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 pote n tial 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 t he 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," ad d "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), extingu ishing 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 (unco n trolled 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/d t), the rate of temperature rise (dT/dt), and the onset temperature at which the rate of temperatureThis is a courtesy copy of this rule. All of the D epartment’s rules are compiled in Title 7 of the New Jersey Administrative Code.

- 50

- Rev. 9 

### 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 a void for instability, i n compatibility (materials to avoid), hazardous decomposition (products or byproducts), hazardous polymerization (may occur or will not occur), and condition s to avoid for polymerization;"

26. 40 CFR 68.65(b)(7) , after "Hazardous eff ects of inadvertent mixing of different materials

that could foresee a bly occur," add "which includes the explosive/flammable effects and information showing the identity of toxic or fla m mable 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 period ically 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 justi fication 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 responsibiliti es.” 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 safet

y 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 writte n 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 includ e 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 haza rds of the regulated substances in the process. This information shall consist of at least the following: (1) Toxicity information; (2) Permissible exposure limits;This is a courtesy copy of this rule. All of the D epartment’s rules are compiled in Title 7 of the New Jersey Administrative Code.

- 51

- Rev. 9 (3) Physical data; (4) Reactivity data applicable to the process in which an EHS is being u sed, 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 u nusual 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 t he 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 whic h 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 su bstances, 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 subparag raph.

(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) Ma ximum 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 infor mation 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;This is a courtesy copy of this rule. All of the D epartment’s rules are compiled in Title 7 of the New Jersey Administrative Code.

- 52

- Rev. 9 (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 o wner 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 long er 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 co mplexity 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 w hich 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 assessment shall be conducted a s 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.);This is a courtesy copy of this rule. All of the D epartment’s rules are compiled in Title 7 of the New Jersey Administrative Code.

- 53

- Rev. 9 (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 perf ormed 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 speci fic 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

d ocumented; 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 i n 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 updat ed 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 com ply 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 covere d 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 pi eces 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 d uration 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 EH S; however, consideration of toxicity shall be required only for those EHSs which appear in N.J.A.C.This is a courtesy copy of this rule. All of the D epartment’s rules are compiled in Title 7 of the New Jersey Administrative Code.

- 54

- Rev. 9 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 to xicity endpoint as designated at N.J.A.C. 7:31

- 2.1(c)2; five kW/m 2 for 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)3 iii 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
- 6 per 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 tha n 10
- 6 per 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 giv ing 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 d etermined 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:This is a courtesy copy of this rule. All of the D epartment’s rules are compiled in Title 7 of the New Jersey Administrative Code.

- 55

- Rev. 9 i. The identification of the conseq uence 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 subje ct 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 ident ified 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 f

or 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 mann er 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 execut ed 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; andThis is a courtesy copy of this rule. All of the D epartment’s rules are compiled in Title 7 of the New Jersey Administrative Code.

- 56

- Rev. 9 (ii) Steps required to correct or avoid devi ation. (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 eq uipment; (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 fun ctions. (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 impl ement 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 C FR 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 refere nce 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 r equired 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 dur ing EHS handling, use, manufacturing, storage, or generation except:This is a courtesy copy of this rule. All of the D epartment’s rules are compiled in Title 7 of the New Jersey Administrative Code.

- 57

- Rev. 9 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 contin uously 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

blanket ing, 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 oper ator 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 requiremen ts, 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 provide d 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) Train ing 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

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

- 58

- Rev. 9 7:31

- 4.4 EHS Operator training

(a) The provisions of this section apply in addition to those in 40 CFR 68.71 wi th 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 t he 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) P umps. 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

mainta in 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 ma intenance 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 engineeri ng 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 n umber 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 deficien cies in equipment that are outside acceptable limits (defined by the process safety information in § 68.65) before further use or in a safeThis is a courtesy copy of this rule. All of the D epartment’s rules are compiled in Title 7 of the New Jersey Administrative Code.

- 59

- Rev. 9 and timely manner when necessary means are taken to assure safe operation. Timely shall mean as soon as feasibly pos sible 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 desi gn 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 ma intaining 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 Manageme nt 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) Mod ifications 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.

Addition al New Jersey Requirements

-

7:31

- 4.6 Management of changeThis is a courtesy copy of this rule. All of the D epartment’s rules are compiled in Title 7 of the New Jersey Administrative Code.

- 60

- Rev. 9 (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 meth ods 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 instrume ntation 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 implem enting 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 req uirements 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 forThis is a courtesy copy of this rule. All of the D epartment’s rules are compiled in Title 7 of the New Jersey Administrative Code.

- 61

- Rev. 9 modified stationary sources when the modification is significant enough to require a change in the process safety inform ation. (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 proced ures 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 manage ment 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 thos e 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 w hich 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 resolutio n 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 p repared 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 requi rements of 40 CFR 68.77(b) have been completed prior to the startup of the new or modified covered process.This is a courtesy copy of this rule. All of the D epartment’s rules are compiled in Title 7 of the New Jersey Administrative Code.

- 62

- Rev. 9 §68.79 Compliance audits.

(a) The owner or operator shall certify that they have evaluated compliance with the provisions of this subpart at lea st 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

s tate 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 initiate d 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, i ncluding 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 investigat ion 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

pro viding 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 accid ent 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 o f 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 fiveThis is a courtesy copy of this rule. All of the D epartment’s rules are compiled in Title 7 of the New Jersey Administrative Code.

- 63

- Rev. 9 years.

§68.83 Em

ployee 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 p rocess. (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 obje ct 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 renovatio n, 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 pa rt. (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 operat or 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 o perator’s oversight of Contract owner or operator responsibilities. The owner or o perator 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

pr actices necessary to safely perform his/her job. (2) The contract owner or operator shall assure that each contract employee is instructed in the knownThis is a courtesy copy of this rule. All of the D epartment’s rules are compiled in Title 7 of the New Jersey Administrative Code.

- 64

- Rev. 9 potential fire, explosion, or toxic release hazards related to his/her job and the process, and the appl icable 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

con tains 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 stationar

y 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 re quest 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 thi s 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 a nalysis 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 ;This is a courtesy copy of this rule. All of the D epartment’s rules are compiled in Title 7 of the New Jersey Administrative Code.

- 65

- Rev. 9 4. A summary of EHS a ccidents 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 p otential catastrophic event and identification

of th e 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 operato r 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 ch apter 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 cover ed process;This is a courtesy copy of this rule. All of the D epartment’s rules are compiled in Title 7 of the New Jersey Administrative Code.

- 66

- Rev. 9 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 update s 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 pl an 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 t he 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 a n 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 PracticesThis is a courtesy copy of this rule. All of the D epartment’s rules are compiled in Title 7 of the New Jersey Administrative Code.

- 67

- Rev. 9 

### Standards at TCPA/DPCC Chemical Sector Facilit ies, 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) abov e 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 station ary 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 saf er 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 inhe rently 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 c ontrols 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 a lternatives 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 am ount 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

an d 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, feasi ble 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 d ocuments 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, res ponsibilities, qualifications and experience for each; the date of report completion; and the inherently safer technology analysis method used toThis is a courtesy copy of this rule. All of the D epartment’s rules are compiled in Title 7 of the New Jersey Administrative Code.

- 68

- Rev. 9 

### complete the review;

2. The questions asked and answered to address the inherently safer technology princ iples 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 inheren tly 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 ea ch 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 eco nomic 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.This is a courtesy copy of this rule. All of the D epartment’s rules are compiled in Title 7 of the New Jersey Administrative Code.

- 69

- Rev. 9 (This page intentionally blank)This is a courtesy copy of this rule. All of the D epartment’s rules are compiled in Title 7 of the New Jersey Administrative Code.

- 70

- Rev. 9 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 stationar y 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

thre shold 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 ou tside 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 orThis is a courtesy copy of this rule. All of the D epartment’s rules are compiled in Title 7 of the New Jersey Administrative Code.

- 71

- Rev. 9 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 e mergency 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 emergenc y 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 rele vant 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 f or 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 imple ment the emergency response plan;

2. Performance of at least one EHS ER exercise per calendar year in accordance with theThis is a courtesy copy of this rule. All of the D epartment’s rules are compiled in Title 7 of the New Jersey Administrative Code.

- 72

- Rev. 9 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 a nd 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 descrip tion 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 e mergency 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 update s, 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 sou rce, 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 measure s; 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 otherThis is a courtesy copy of this rule. All of the D epartment’s rules are compiled in Title 7 of the New Jersey Administrative Code.

- 73

- Rev. 9 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.This is a courtesy copy of this rule. All of the D epartment’s rules are compiled in Title 7 of the New Jersey Administrative Code.

- 74

- Rev. 9 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 provisi ons 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 Cata s trophe 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 re place 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 d e lete "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 su p plements, 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 pet itioning to add or delete substances from the list

.

§68.115 Threshold determination.This is a courtesy copy of this rule. All of the D epartment’s rules are compiled in Title 7 of the New Jersey Administrative Code.

- 75

- Rev. 9 (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 p rocess 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 th e 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 part ial 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 n eed 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 s ubstance 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
Hazard s 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, 1 996. 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 op erator 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.This is a courtesy copy of this rule. All of the D epartment’s rules are compiled in Title 7 of the New Jersey Administrative Code.

- 76

- Rev. 9 (iii) Naturally occurring hydrocarbon mixtures. Prior to entry into a natural gas processing plant or a petroleum refining process unit, regulated su bstances 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 followi ng: 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 fa cility

. 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 componen t 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 w hether 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 subst ances 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 t o 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 ava ilable 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 n ational 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 publicationThis is a courtesy copy of this rule. All of the D epartment’s rules are compiled in Title 7 of the New Jersey Administrative Code.

- 77

- Rev. 9 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 brie f 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 chemi cal 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 histo ry 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 res ults, 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 petiti on 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 faci lity.

§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 areThis is a courtesy copy of this rule. All of the D epartment’s rules are compiled in Title 7 of the New Jersey Administrative Code.

- 78

- Rev. 9 specified i n 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 appl y 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 mixt ure 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. F or 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 v olume 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 o n 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 ( H R ) 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 individualThis is a courtesy copy of this rule. All of the D epartment’s rules are compiled in Title 7 of the New Jersey Administrative Code.

- 79

- Rev. 9 process vessel containing an RHS mixture shall be compared to the threshold quantity to deter mine 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 amoun t of the vessel capacity, that total quantity may be used for threshold quantity determinatio n

. (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 considere d 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 calo rimetry 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 an d 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 o b taining 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. S ubmittal 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 subst ance list.This is a courtesy copy of this rule. All of the D epartment’s rules are compiled in Title 7 of the New Jersey Administrative Code.

- 80

- Rev. 9 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 mo re 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

- diisocyan ate 26471

- 62

- 5 10,000 (mixture with Toluene

2,6

- 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 (NH 3 ) 7664

- 41

- 7 5,200 *Ammonia (aqueous) 28 percent by weight or more NH 3 1336

- 21

- 6 19,000

*Arsine 7784

- 42

- 1 60This is a courtesy copy of this rule. All of the D epartment’s rules are compiled in Title 7 of the New Jersey Administrative Code.

- 81

- Rev. 9 *bis (Chloromethyl) ether 542

- 88

- 1 80

Boron tribromide 10294

- 33

- 4 10,000

*Boron trichloride 10294

- 34

- 5 1,700

*Boron trifluor ide 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

Chlo rine 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

- 3 0

- 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 *Dimethyla mine 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 mercap tan 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 3,300This is a courtesy copy of this rule. All of the D epartment’s rules are compiled in Title 7 of the New Jersey Administrative Code.

- 82

- Rev. 9 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 12 5 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 (HNO 3 ) 94 percent by weight or 7697

- 37

- 2 450

more HNO 3 Nitrogen Oxides Nitrogen d ioxide (NO 2 ) 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 77 83

- 54

- 2 10,000 Nitrogen trioxide 10 percent by volume 10544

- 73

- 7 175 *Oleum 65 percent by weight

or more free sulfur trioxide (SO 3 ) 8014

- 95

- 7 800

Osmium tetroxide 20816

- 12

- 0 4,500 Oxygen difluoride 7783

- 41

- 7 10

Ozon e 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 11,000This is a courtesy copy of this rule. All of the D epartment’s rules are compiled in Title 7 of the New Jersey Administrative Code.

- 83

- Rev. 9 Selenium hexafluoride 7783

- 79

- 1 700

Stibine 7803

- 52

- 3 250 *Sulfur dioxide (SO 2 ) 10 percent by volume

or more SO 2 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.This is a courtesy copy of this rule. All of the D epartment’s rules are compiled in Title 7 of the New Jersey Administrative Code.

- 84

- Rev. 9 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, trif luoro[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

- ]

Chlorometh yl 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 bThis is a courtesy copy of this rule. All of the D epartment’s rules are compiled in Title 7 of the New Jersey Administrative Code.

- 85

- Rev. 9 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

Formal dehyde (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, methyleste r] 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 thiocyanat e [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 8 0% or greater) 7697

- 37

- 2 15,000 bThis is a courtesy copy of this rule. All of the D epartment’s rules are compiled in Title 7 of the New Jersey Administrative Code.

- 86

- Rev. 9 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 [E thaneperoxoic 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

te tranitro

- ] 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

ch lorotrimethyl

- ] 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:This is a courtesy copy of this rule. All of the D epartment’s rules are compiled in Title 7 of the New Jersey Administrative Code.

- 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 accide nts.

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 Ba sis 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 [Hydrazin e, 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 d ichloride] 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

- ] 1This is a courtesy copy of this rule. All of the D epartment’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 Prop ionitrile [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 chloro formate 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 Tetranitromet hane [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 chlori de, 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

- Bu tenal] 20,000 bThis is a courtesy copy of this rule. All of the D epartment’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]

77 26

- 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 [Nit rogen 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

- diisocyanato methyl

- ] 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 D epartment’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 D epartment’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 SUBSTANCES 1 AND THRESHOLD QUANTITIES FOR ACCIDENTAL RELEASE PREVENTION [ALPHABETICAL ORDER

- 63 SUBSTANCES]

Chemical Name CAS No. Threshold Basis for quantity (lbs.) listing

Acetalde hyde 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 1 0,000 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

- Propen e, 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

- ]

E thane 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 gThis is a courtesy copy of this rule. All of the D epartment’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

- me thyl

- ] 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

- b utene 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

Vi nyl 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 D epartment’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 REG ULATED FLAMMABLE SUBSTANCES 1 AND THRESHOLD QUANTITIES FOR ACCIDENTAL RELEASE PREVENTION [CAS NUMBER ORDER

- 63 SUBSTANCES]

CAS No. Chemical Name. CAS No. Threshold Basis for quantity (lbs.) l isting

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 D epartment’s rules are compiled in Title 7 of the New Jersey Administrative Code.

- 94

- Rev. 9 75

- 35

- 4 Vinyli dene 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 Pr

opylene [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 D epartment’s rules are compiled in Title 7 of the New Jersey Administrative Code.

- 95

- Rev. 9 463

- 82

- 1 2,2

- Dimethylpropane 4 63

- 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

- ]

5 63

- 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 Flamma ble gas. g Volatile flammable liquid.This is a courtesy copy of this rule. All of the D epartment’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 2,5 00 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 62 8

- 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

- 5 1

- 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 din i trate 8 7

- 33

- 2 2,500 a 18. Magnesium diamide 7803

- 54

- 5 2,500 b

19. m

- Dinitrobenzene 99

- 6 5

- 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 (w et, 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 di thionite 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 49This is a courtesy copy of this rule. All of the D epartment’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, G roup 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. CN 2 Diazo compounds

5.

- C

- N=O

- N

- N=O Nitroso compounds

6.

- C

- NO 2 Ar

- NO 2 , Ar(NO 2 )

n C(NO 2 )

n O 2 NC

- CNO 2 HC[OCH 2 C(NO 2 ) 3 ] 3 , C[OCH 2 C (NO 2 ) 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

- NO 2 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

- NO 2 N

- nitro compounds

15. =N +

- N

- NO 2 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 D epartment’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

EOO
MOO
Metal peroxides, peroxoacid salts

26.

- O

- O

- E Peroxoacids, peroxyesters

27. H 3 N→Cr

- OO

- Amminechromium peroxocomplexes

28.

- N 3 Azides (acyl, halogen, nonmetal, organic)

29. Arenediazonium oxides

30.

- C

- N 2 + S
- Diazonium sulfides and derivatives, “Xanthates”

31. N +

- HZ N + EO

n - Hydrazinium salts Oxosalts of nitrogenous bases

32.

- N +

- OH Z
- Hydrox ylaminium salts

33.

- C

- N 2 + 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

XN 3 Halogen azides

N

- halogen compounds

N

- haloimides

37.

- N

- F 2

- C(NF)NF 2 Difluoroamino compounds
N,N,N

- trifluoroalkylamidines

38. N

- O

- N

- O compounds

39.

- O

- X

XO

n

- Cl

- O 3 ClO 2 -

R

- O

- Cl

- O 3 RN + H 3 ClO 4 - Hypohalites Halogen oxides Perchloryl compounds

Chlorite salts Alkyl perchlorates Aminium perchlorates

40. Polymerization, alkene (vinyl) polyme rs and monomers thereof

41. Polymerization, polyamide polymers and monomers thereofThis is a courtesy copy of this rule. All of the D epartment’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. S 2 O 4 - - Dithionites

44.

- C

- Metal Organome tallics 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, s tored, 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 Mixtu re 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 i s 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 r eaction, 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 solutio n 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 con ditions 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 applica ble 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 a s in a batch reaction.This is a courtesy copy of this rule. All of the D epartment’s rules are compiled in Title 7 of the New Jersey Administrative Code.

- 100

- Rev. 9 (c) Table II

- Reactive Hazard Substance Mixture Threshold Quantities

- Heat of Reaction (

- H R ) (calories/g ) Threshold Quantity (Pounds)

100

- H R < 200 13,100

200

- H R < 300 8,700

300

- H R < 400 6,500

400

- H R < 50 0 5,200

500

- H R < 600 4,400

600

- H R < 700 3,700

700

- H R < 800 3,300

800

- H R < 900 2,900

900

- H R < 1,000 2,600

- H R ≥ 1,000 2,400This is a courtesy copy of this rule. All of the D epartment’s rules are compiled in Title 7 of the New Jersey Administrative Code.

- 101

- Rev. 9 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 amen dments 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 re ference 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 sen tence, "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 submi t tal 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 chan ges 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. 4 0 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 quant ity 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 PlanThis is a courtesy copy of this rule. All of the D epartment’s rules are compiled in Title 7 of the New Jersey Administrative Code.

- 102

- Rev. 9 §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 R MP 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 RM P 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 require d 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. RMP s 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 clear ances. (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) Exc ept 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 prog ram 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:This is a courtesy copy of this rule. All of the D epartment’s rules are compiled in Title 7 of the New Jersey Administrative Code.

- 103

- Rev. 9 (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 busi ness 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 i nformation 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 porti ons 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 t hat 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) a nd 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 a ll 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 descrip tion 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;This is a courtesy copy of this rule. All of the D epartment’s rules are compiled in Title 7 of the New Jersey Administrative Code.

- 104

- Rev. 9 (4) The name, telephone number, and mailing address of the owner or operato r; (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 t elephone 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 l evel 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 35 5; (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 previo usly 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 in

formation, 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 RM P 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 info rmation 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.This is a courtesy copy of this rule. All of the D epartment’s rules are compiled in Title 7 of the New Jersey Administrative Code.

- 105

- Rev. 9 (b) The owner or operat or 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 relea se, 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 environ mental 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 in formation 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 proce ss. (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) Mitig ation 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 prog rams; (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 mostThis is a courtesy copy of this rule. All of the D epartment’s rules are compiled in Title 7 of the New Jersey Administrative Code.

- 106

- Rev. 9 recent equipment i nspection 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 P revention 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 operat or 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 co ntrols 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

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

- 107

- Rev. 9 (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 responsi ble 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 empl oyees. (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, th e 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 o f 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 wi th 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.This is a courtesy copy of this rule. All of the D epartment’s rules are compiled in Title 7 of the New Jersey Administrative Code.

- 108

- Rev. 9 (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 un der 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 on e 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 updat es

(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 inf ormation:

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. T he 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. 7:3 1

- 6.3, theThis is a courtesy copy of this rule. All of the D epartment’s rules are compiled in Title 7 of the New Jersey Administrative Code.

- 10 9

- Rev. 9 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 h as 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 liste d 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 mixt ures 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 D epartment 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 accorda nce 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 owner s 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 al so 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

manageme nt 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 t o 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 theyThis is a courtesy copy of this rule. All of the D epartment’s rules are compiled in Title 7 of the New Jersey Administrative Code.

- 110

- Rev. 9 are subject to workpl an 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 sh all, 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 re gistration 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 ope rators 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 th is 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 t his 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

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

- 111

- Rev. 9 (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 chap ter no later than March 16, 2010.This is a courtesy copy of this rule. All of the D epartment’s rules are compiled in Title 7 of the New Jersey Administrative Code.

- 112

- Rev. 9 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 ame ndments 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 auth ority 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 “T he Department s hall 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 neces sary 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 is sue 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 r e quirements of the approved risk management program as set forth in the consent agreement or consent agreement a d dendum. The
consent agreem ent or consent agreement addendum shall be signed by the owner or operator or his/herThis is a courtesy copy of this rule. All of the D epartment’s rules are compiled in Title 7 of the New Jersey Administrative Code.

- 113

- Rev. 9 

### 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 agr eement 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 determ ination 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 a d dendum or administrative order" at all occurrences.

11. 40 CFR 68.220(i) replace "final determinations" with "consent agreements or consent

agreeme nt 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

§6 8.200 Recordkeeping.

The owner or operator shall maintain records supporting the implementation of this C hapter 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 maint enance 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 publ ic.

(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 co ntrolled 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.This is a courtesy copy of this rule. All of the D epartment’s rules are compiled in Title 7 of the New Jersey Administrative Code.

- 114

- Rev. 9 (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 operat or 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 complia nce 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 o r 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

thi s 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 und er 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 sou rce 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

sour ces 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 T he 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 sta tionary 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;This is a courtesy copy of this rule. All of the D epartment’s rules are compiled in Title 7 of the New Jersey Administrative Code.

- 115

- Rev. 9 (5) The presence of specific regulated substances; (6) The hazards identified in the RMP; and (7) A plan providing for neutral, random oversight. (c) Exempti on 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 st ationary 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 prelimina ry 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 determinati on 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 i nclude 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 fo r 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 sectio n. 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 revis ions 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 rec eived 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 re ceived 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 writte n 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 revi sions 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 subst itute 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 ow ner 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 con sent 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 s upervisor. If the owner or operator has not signed aThis is a courtesy copy of this rule. All of the D epartment’s rules are compiled in Title 7 of the New Jersey Administrative Code.

- 116

- Rev. 9 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 pa ragraph (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 a greements 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 De partment 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 ente r 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 confiden tial 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

bel ow. 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 , up on request, assist the Department in the performance of all aspects of any inspection or audit.This is a courtesy copy of this rule. All of the D epartment’s rules are compiled in Title 7 of the New Jersey Administrative Code.

- 117

- Rev. 9 (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 th e 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 o f 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 Departm ent 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 disc losed 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 Depa rtment 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 o b taining the information, I believe tha t 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 certifi cation 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

pre liminary 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 requ ired pursuant to this chapter readily accessible for review by the Department during an audit or inspection.This is a courtesy copy of this rule. All of the D epartment’s rules are compiled in Title 7 of the New Jersey Administrative Code.

- 118

- Rev. 9 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 prog ram 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 pla n 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 manageme nt 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 r ecent 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 submi tted, 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 op erator'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 w ho 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. Reviewin g 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 t o 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 t he quantities and methods of handling all EHSs atThis is a courtesy copy of this rule. All of the D epartment’s rules are compiled in Title 7 of the New Jersey Administrative Code.

- 119

- Rev. 9 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 standard s 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 inst rument 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 d ate;

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, pipin g 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 s tandard 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 th e 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 measure s 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 specific ations 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;This is a courtesy copy of this rule. All of the D epartment’s rules are compiled in Title 7 of the New Jersey Administrative Code.

- 120

- Rev. 9 (3) Corrosion allowance; (4) Safety relief devices and interlock s; (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 b y 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 requir ements 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 inte rnal 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 operato r'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 t hose 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 an d 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 requiremen t 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 con sultantsThis is a courtesy copy of this rule. All of the D epartment’s rules are compiled in Title 7 of the New Jersey Administrative Code.

- 121

- Rev. 9 (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 a nd 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 o r 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 writi ng 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 emerg ency response plans;

xi. Performance of audits of risk management programs; and

xii. Knowledge of risk reduction methods; andThis is a courtesy copy of this rule. All of the D epartment’s rules are compiled in Title 7 of the New Jersey Administrative Code.

- 122

- Rev. 9 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 co mmitted 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; orThis is a courtesy copy of this rule. All of the D epartment’s rules are compiled in Title 7 of the New Jersey Administrative Code.

- 123

- Rev. 9 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 consu ltants 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 Depar tment 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 e xplained 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 Departm ent 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 findi ngs 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 rec ommended 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 Departme nt 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 re duction 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 necessaryThis is a courtesy copy of this rule. All of the D epartment’s rules are compiled in Title 7 of the New Jersey Administrative Code.

- 124

- Rev. 9 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 ) ab ove 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 ac cordance 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 r emove or compromise the protection required for the public interest.This is a courtesy copy of this rule. All of the D epartment’s rules are compiled in Title 7 of the New Jersey Administrative Code.

- 125

- Rev. 9 (This page intentionally blank)This is a courtesy copy of this rule. All of the D epartment’s rules are compiled in Title 7 of the New Jersey Administrative Code.

- 126

- Rev. 9 SUBCHAPTER 10. CONFIDENTIALITY AND TRADE SECRETS

7:31

- 10.1 Scope and applicability

(a) This subchapter constitutes the rules for t he 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 confidentia l 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.

e xcept 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 De partment. 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 d ays 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 suc h 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 ProtectionThis is a courtesy copy of this rule. All of the D epartment’s rules are compiled in Title 7 of the New Jersey Administrative Code.

- 127

- Rev. 9 PO Box 424
Trenton, Ne w 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

Bure au 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 Depart ment 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 co mpleted 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 o r 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 a uthorized 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 secu rity 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 identific ation 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 underThis is a courtesy copy of this rule. All of the D epartment’s rules are compiled in Title 7 of the New Jersey Administrative Code.

- 128

- Rev. 9 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. I nformation 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 d isclosed 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. Safet y 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 recor ds 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 a ny 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 theThis is a courtesy copy of this rule. All of the D epartment’s rules are compiled in Title 7 of the New Jersey Administrative Code.

- 129

- Rev. 9 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 inf

ormation 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 entitle d 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 c laim 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 und erscored 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. Infor mation 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 w hich 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 anot her 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 Inform ation 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 ProtectionThis is a courtesy copy of this rule. All of the D epartment’s rules are compiled in Title 7 of the New Jersey Administrative Code.

- 130

- Rev. 9 Bureau of Release Prevention

PO Box 424 Trenton, New Jersey 08625

- 04 24

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 w ill 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

confidenti ality 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 inspe ction 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 disc losure. 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 inspectio n. 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 cop y 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 Departme nt 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

aband oned 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 c onfidentiality 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 Department shall act upon a confidentiality claim and determine whether information is or is not entitled to confidential treatment whenever the Department:This is a courtesy copy of this rule. All of the D epartment’s rules are compiled in Title 7 of the New Jersey Administrative Code.

- 131

- Rev. 9 1. Receives a request under N.J.S.A. 47:lA

- 1 et seq. to inspect or copy such information;

2. Decides to det ermine 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, t he 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 certifie d 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 Departmen t, 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 permanentl y);

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. Do es 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; andThis is a courtesy copy of this rule. All of the D epartment’s rules are compiled in Title 7 of the New Jersey Administrative Code.

- 132

- Rev. 9 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 c onfidentiality 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 treat ed 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 cl aimant 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 wi thout 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 hear ing 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 not ice, 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 discl osed, 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 claim ant 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:This is a courtesy copy of this rule. All of the D epartment’s rules are compiled in Title 7 of the New Jersey Administrative Code.

- 133

- Rev. 9 1. The claimant has established a reasonable basis for trea ting 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 i n 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 c ourt 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 infor mation 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 securit y 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 th e 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 sha ll 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 petitione r 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 in formation 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 b y 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 acce pted for further review in accordanceThis is a courtesy copy of this rule. All of the D epartment’s rules are compiled in Title 7 of the New Jersey Administrative Code.

- 134

- Rev. 9 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

s ubmit 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 privi leged 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 kn owledge 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. Identificat ion 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 inform ation 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 natio nal 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 w hich 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;This is a courtesy copy of this rule. All of the D epartment’s rules are compiled in Title 7 of the New Jersey Administrative Code.

- 135

- Rev. 9 7. A description of the extent to which the trade secret information is dis coverable 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 paten t 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 privil eged 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 c laim 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 confi dential 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 pro perly 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.This is a courtesy copy of this rule. All of the D epartment’s rules are compiled in Title 7 of the New Jersey Administrative Code.

- 136

- Rev. 9 (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 D epartment 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 petitio ns 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 pr ivileged 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 owne r 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 b e 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 informa tion 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 discl ose 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 o r 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 f

ollowing 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; andThis is a courtesy copy of this rule. All of the D epartment’s rules are compiled in Title 7 of the New Jersey Administrative Code.

- 137

- Rev. 9 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 upo n 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 petit ioner 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 confidenti ality 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 aft er 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 petitione r 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

th e 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

deter mine 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 supp ort 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 infor mation 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 nati onal 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 petitione r to make a claimThis is a courtesy copy of this rule. All of the D epartment’s rules are compiled in Title 7 of the New Jersey Administrative Code.

- 138

- Rev. 9 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 su bmitted 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 clai m 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 pub lic 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 submis sions 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

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

- 139

- Rev. 9 (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 doc ument 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 r esponsible 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 de signated 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 Depar tment

- 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 th rough 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 u se 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 bei ng 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 informationThis is a courtesy copy of this rule. All of the D epartment’s rules are compiled in Title 7 of the New Jersey Administrative Code.

- 140

- Rev. 9 (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 Depar tment 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

informa tion;

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 confiden tial 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 su bmitted 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 sa tisfaction 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 develop ed 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 theThis is a courtesy copy of this rule. All of the D epartment’s rules are compiled in Title 7 of the New Jersey Administrative Code.

- 141

- Rev. 9 intentional or negligent release of co nfidential 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 informatio n 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 confide ntial 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 descripti on 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 ma y 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 pur suant 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 agains t its improper disclosure.This is a courtesy copy of this rule. All of the D epartment’s rules are compiled in Title 7 of the New Jersey Administrative Code.

- 142

- Rev. 9 (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 injun ction 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 s hall 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 o r 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 und er 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 proceed ings.

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 ha zardous substance accident risk assessment reports and risk management programs, and in the preparation of enforcement documents and during enforcement proceedings.This is a courtesy copy of this rule. All of the D epartment’s rules are compiled in Title 7 of the New Jersey Administrative Code.

- 143

- Rev. 9 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 or der, 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 o f 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 requ est, 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
request ed) 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, inform ation 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 requir ed 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 pursu ant 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 administrativeThis is a courtesy copy of this rule. All of the D epartment’s rules are compiled in Title 7 of the New Jersey Administrative Code.

- 144

- Rev. 9 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 admini strative 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 pen alty 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 d istinct 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, set tle 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. Th e 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

req uest 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 soThis is a courtesy copy of this rule. All of the D epartment’s rules are compiled in Title 7 of the New Jersey Administrative Code.

- 145

- Rev. 9 state and this sha ll 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 reques t, 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 pur suant 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 tele phone 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 p roposed 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 d isabled 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 th e 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 inform ation required by (a) or (b) above, the Department may deny the hearing request.This is a courtesy copy of this rule. All of the D epartment’s rules are compiled in Title 7 of the New Jersey Administrative Code.

- 146

- Rev. 9 (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 ad ministrative 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 agr eement 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 offe nse.

(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. Fail ure 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 NMThis is a courtesy copy of this rule. All of the D epartment’s rules are compiled in Title 7 of the New Jersey Administrative Code.

- 147

- Rev. 9 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 requirement s 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. Re served

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 t o 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. ReservedThis is a courtesy copy of this rule. All of the D epartment’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) 4,00 0 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 re sponse 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 additio n 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 p rogram 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 NMThis is a courtesy copy of this rule. All of the D epartment’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 lis t 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 t hat 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 30This is a courtesy copy of this rule. All of the D epartment’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. Fa ilure 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 analys es 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

consequenc es 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 NMThis is a courtesy copy of this rule. All of the D epartment’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. 7:3 1

- 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 Failu re 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 NMThis is a courtesy copy of this rule. All of the D epartment’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 pro cess 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 worst

case 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 an d report in the RMP for Program 2 and/or 3 processes one worst

case 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 acciden tal 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 NMThis is a courtesy copy of this rule. All of the D epartment’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 rep ort 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 a ffected by the worst

case 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

qu antity 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 a ssume 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 NMThis is a courtesy copy of this rule. All of the D epartment’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 t o 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 u se 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 N M

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 calcul ate
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 NMThis is a courtesy copy of this rule. All of the D epartment’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 an d 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 q uantity 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 tha t 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 NMThis is a courtesy copy of this rule. All of the D epartment’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 l ess 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 determine d 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 mitiga tion 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

th e 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 NMThis is a courtesy copy of this rule. All of the D epartment’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. Failu re 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

t hat 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. 4 0 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 Offsit e 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 impleme nting 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 NMThis is a courtesy copy of this rule. All of the D epartment’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 th at 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 68.2 5(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 dist ance 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) 2,0 00 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 c overed 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 alterna tive 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 NMThis is a courtesy copy of this rule. All of the D epartment’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

sce nario 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) incorporat ed 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

con ditions 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 publi cly 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 tha t 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 NMThis is a courtesy copy of this rule. All of the D epartment’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 r elease 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 estim ate.

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 6 8.33(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 NMThis is a courtesy copy of this rule. All of the D epartment’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

w ithin 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 worst

case 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

rational e 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 NMThis is a courtesy copy of this rule. All of the D epartment’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 an alyses 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 rele ases 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 repor t 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 30This is a courtesy copy of this rule. All of the D epartment’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 five

year 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 accide nt 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. Fai lure 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 NMThis is a courtesy copy of this rule. All of the D epartment’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 worst

case 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 sce narios for stationary sources that have multiple RHSs or RHS Mixtures in covered process(es) 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. 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 NMThis is a courtesy copy of this rule. All of the D epartment’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 TNT

equivalent 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. Failu re 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 del eted 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. ReservedThis is a courtesy copy of this rule. All of the D epartment’s rules are compiled in Title 7 of the New Jersey Administrative Code.

- 1 66

- 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. ReservedThis is a courtesy copy of this rule. All of the D epartment’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. ReservedThis is a courtesy copy of this rule. All of the D epartment’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. F ailure 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. Fai lure 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

pr ocess 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 u p 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 5 00 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 poly merization) 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

reacti ve and unstable. 40 CFR 68.65(b)(4),

N.J.A.C. 7:31

- 4.1(c)24iii 500 1,000 2,500 NMThis is a courtesy copy of this rule. All of the D epartment’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)

215 A Failure to provide in the process safety information reactivity data including f or 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

pro cess. 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), incompatibil ity (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 ca pable 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 NMThis is a courtesy copy of this rule. All of the D epartment’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 technolo gy 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

t echnology 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 in clude 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 sa fety 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 NMThis is a courtesy copy of this rule. All of the D epartment’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

an d 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 informati on 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 NMThis is a courtesy copy of this rule. All of the D epartment’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, insp ected, 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 Subpa rt 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

p riority 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 an alyzed. 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 NMThis is a courtesy copy of this rule. All of the D epartment’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 proces s 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 proce ss 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 k nowledgeable 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 NMThis is a courtesy copy of this rule. All of the D epartment’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 recommendation s.

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 a nalyses 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 NMThis is a courtesy copy of this rule. All of the D epartment’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) identificat ion 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, o r (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 plan ned 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 analy sis 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 NMThis is a courtesy copy of this rule. All of the D epartment’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 o f 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 be ing 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/m 2 for 40

seconds ; the lower flammability limit; or 2.3 psi overpressure. N.J.A.C. 7:31

- 4.2(b)3i ii 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 - 6 per 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 - 6 per year. N.J.A.C. 7:31

- 4.2(c) 1 2,000 4,000 10,000 NMThis is a courtesy copy of this rule. All of the D epartment’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 inter

mediate 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. Fail ure 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 potenti al 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 distanc e 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 NMThis is a courtesy copy of this rule. All of the D epartment’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 th e 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 an alysis 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 Co nsequence 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 t he 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 t he resolution of the risk

reduction m easures 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

ha zard 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 NMThis is a courtesy copy of this rule. All of the D epartment’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

hazar d 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 c onsistent 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 ca pable 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 writ ten 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 condit ions 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 s teps 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 NMThis is a courtesy copy of this rule. All of the D epartment’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 t he 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 o perating 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 2,00 0 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 N M

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 procedur es 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 NMThis is a courtesy copy of this rule. All of the D epartment’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 s tationary 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 th e 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 a nd 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 a nd 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 NMThis is a courtesy copy of this rule. All of the D epartment’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 genera tion 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

prev ent 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 a ccident 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 fail ure 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 NMThis is a courtesy copy of this rule. All of the D epartment’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 t o 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 30This is a courtesy copy of this rule. All of the D epartment’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 speci fied 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 incor porated 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 proced ures 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 NMThis is a courtesy copy of this rule. All of the D epartment’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 t he 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 requir ed 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 68.7 3(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 NMThis is a courtesy copy of this rule. All of the D epartment’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 para graphs 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 imp lement 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 NMThis is a courtesy copy of this rule. All of the D epartment’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 insp ections 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

th e 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 NMThis is a courtesy copy of this rule. All of the D epartment’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 man ner 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. 7:3 1

- 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 implem ent 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 th at affect a covered process. 40 CFR 68.75(a),

N.J.A.C. 7:31

- 4.1(a) 2,000 4,000 10,000 NMThis is a courtesy copy of this rule. All of the D epartment’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 th e 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 5,00 0 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 tr ain 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 NMThis is a courtesy copy of this rule. All of the D epartment’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

p arameters 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 t he 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

de scription 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 re quire 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 30This is a courtesy copy of this rule. All of the D epartment’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. Failur e 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 proc edure 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 te mporary 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 chang e 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 p rocess safety information. 40 CFR 68.77(a),

N.J.A.C. 7:31

- 4.1(a) 4,000 8,000 20,000 NMThis is a courtesy copy of this rule. All of the D epartment’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

accorda nce 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, an d 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

sta tionary 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 requireme nts 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 proces s, 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 c onstruction 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 NMThis is a courtesy copy of this rule. All of the D epartment’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 per formed 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 inc lude 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. Fail ure 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

e ach 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 3 0

364. Failure to conduct and document a pre

startup 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 30This is a courtesy copy of this rule. All of the D epartment’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) h ave 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 t he 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 i n 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 respons e 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 NMThis is a courtesy copy of this rule. All of the D epartment’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 exper ience 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. 7:3 1

- 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 30This is a courtesy copy of this rule. All of the D epartment’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

rel evant 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 Fail ure 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

inves tigators. 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 NMThis is a courtesy copy of this rule. All of the D epartment’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 in vestigation 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. Fa ilure 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 employe e 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 haza rds 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 condu cted 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 NMThis is a courtesy copy of this rule. All of the D epartment’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 begin ning 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 co vered 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) 2,0 00 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 i mplement 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 NMThis is a courtesy copy of this rule. All of the D epartment’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 68.8 7 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

t raining. 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 requi red 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

con tract 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 NMThis is a courtesy copy of this rule. All of the D epartment’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) 2,00 0 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 subm ittal.

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 t he last annual report. N.J.A.C. 7:31

- 4.9(b)2 500 1,000 2,500 M 30This is a courtesy copy of this rule. All of the D epartment’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 assessme nt 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 annua l 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 an y EHS accidents and potential catastrophic events that occurred during the previous year including t he 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 30This is a courtesy copy of this rule. All of the D epartment’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 e ach 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 speci fied 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. Fai lure 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 NMThis is a courtesy copy of this rule. All of the D epartment’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. Fail ure 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 d ays 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 p roceeding with construction of 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)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 progra m. 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 30This is a courtesy copy of this rule. All of the D epartment’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 4 0 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 fo r 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 equi pment 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 w ith 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 Progr am 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 ac cordance 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 NMThis is a courtesy copy of this rule. All of the D epartment’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 a greement 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 s ubmit 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 s ubmit 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 NMThis is a courtesy copy of this rule. All of the D epartment’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 inhere ntly 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

t echnology 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, t hat 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 eac h 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 NMThis is a courtesy copy of this rule. All of the D epartment’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 e liminate 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 techno logy 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 a nd 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 a n 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

exper ience 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 NMThis is a courtesy copy of this rule. All of the D epartment’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

a sked 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 justifyin g 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 technol ogical

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 NMThis is a courtesy copy of this rule. All of the D epartment’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 pl an 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

eme rgency 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

re levant 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 s ource 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 respo nse 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 NMThis is a courtesy copy of this rule. All of the D epartment’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 pl an 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 off

icials, 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) pr ogram 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

e mergency 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 a ssigned 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 streng th 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 NMThis is a courtesy copy of this rule. All of the D epartment’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 pla n , 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 emerge ncy 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 Departme nt'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 w hich 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 NMThis is a courtesy copy of this rule. All of the D epartment’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 notificatio n 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 offs ite 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 immedia te 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 emergenc y 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 an d address of the stationary source. N.J.A.C. 7:31

- 5.2(b)4ii(1) 1,000 2,000 5,000 NMThis is a courtesy copy of this rule. All of the D epartment’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

res ponse (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

r esponse (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 NMThis is a courtesy copy of this rule. All of the D epartment’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

ac cident 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

re sponse 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 t he 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 NMThis is a courtesy copy of this rule. All of the D epartment’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 bef ore 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 self

reported: 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 self

reported: 25,000 If found by

the Departme n

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 self

reported: 50,000 NM

481. The owner or operator of any stationary

source for which an RMP was submitted before June 21, 2004, shall revise th e 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

submi ssion 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 acc ordance

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 68.15 5

N.J.A.C. 7:31

- 7.1(a) 1,000 2,000 5,000 M 30This is a courtesy copy of this rule. All of the D epartment’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

summa ry 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 th e 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 th at 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 cod e, 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

stati onary 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 30This is a courtesy copy of this rule. All of the D epartment’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 registrati on 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 regis tration 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 stat ionary 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 30This is a courtesy copy of this rule. All of the D epartment’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 permi t. 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 inspecti ng 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 a s 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 a s 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

req uired 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 re

submission 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 30This is a courtesy copy of this rule. All of the D epartment’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 worst

case release scenario to represent all regulated f

lammable 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 li quid 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 subm it 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 30This is a courtesy copy of this rule. All of the D epartment’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. Fa ilure 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. R eserved

523. Reserved

524. Reserved

525. Reserved

526. Reserved

527. Reserved

528. Reserved

529. Reserved

530. Reserved

531. R eserved

532. Reserved

533. Reserved

534. Reserved

535. Reserved

536. Reserved

537. ReservedThis is a courtesy copy of this rule. All of the D epartment’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 req uired 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. F ailure 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 5,00 0 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 30This is a courtesy copy of this rule. All of the D epartment’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. Fail ure 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 j ob, 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. F ailure 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 30This is a courtesy copy of this rule. All of the D epartment’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. Fai lure 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

th e 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 re sponse 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 includ es 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 30This is a courtesy copy of this rule. All of the D epartment’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 telepho ne 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 req uirements 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 NMThis is a courtesy copy of this rule. All of the D epartment’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 ch anges specified at

N.J.A.C. 7:31

- 7.1(c)1 and 2 a t 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 wit h 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 4 0 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 r equires 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 NMThis is a courtesy copy of this rule. All of the D epartment’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 chan ge 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 submi t 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 5,0 00 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 t hat 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 30This is a courtesy copy of this rule. All of the D epartment’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 TC PA 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 su bmit 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 1,00 0 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 inc luding 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

pr ogram information identifying the extraordinarily hazardous substances inventory at the covered process as end products, intermediate products, by

products 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 regi ster 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 NMThis is a courtesy copy of this rule. All of the D epartment’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

max imum 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 quan tity 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 reg ister 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 NMThis is a courtesy copy of this rule. All of the D epartment’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 operato r 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 NMThis is a courtesy copy of this rule. All of the D epartment’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 h aving 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 a t 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

- 0 7

- 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

-

m ethylpropene (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 ha ving 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

- r eacting) 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 NMThis is a courtesy copy of this rule. All of the D epartment’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 o wner 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. Failur e 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 t he 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 includ e 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 revisi ons 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 NMThis is a courtesy copy of this rule. All of the D epartment’s rules are compiled in Title 7 of the New Jersey Administrative Code.

- 232

- Rev. 9 Categories of Offense Cite First

Offense Second

Offense Subsequent

Offenses Type of

Violation Grace

Period (days)

608. Failure to enter in to 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 manag ement 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 th e 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 equipme nt, 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 phot ograph 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 Fa ilure 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 NMThis is a courtesy copy of this rule. All of the D epartment’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

informatio n. 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

Institu te 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 NMThis is a courtesy copy of this rule. All of the D epartment’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

EHS ARA 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 t he 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 re commendations

to reduce risks. N.J.A.C. 7:31

- 9.5(a) 2,000 4,000 10,000 NMThis is a courtesy copy of this rule. All of the D epartment’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. F ailure 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 1 0. 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

altern atives 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 4,00 0 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 365This is a courtesy copy of this rule. All of the D epartment’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 specif ied 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. No t 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. 7:3 1

- 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 wit h 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 throu gh 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 violati on 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, t hen 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 penaltyThis is a courtesy copy of this rule. All of the D epartment’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

u pon 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 resu lt 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 pri or 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 non

minor 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, timin g 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 fo r 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 t he 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 criminallyThis is a courtesy copy of this rule. All of the D epartment’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 agen cy 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 r esponsible 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 statut ory 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 vi olation 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 ta ken 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 ma de 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 anti cipated 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 inThis is a courtesy copy of this rule. All of the D epartment’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 m aterially 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.