reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 31 - TOXIC CATASTROPHE PREVENTION ACT PROGRAM › Subchapter 4 - MINIMUM REQUIREMENTS FOR A PROGRAM 3 TCPA RISK MANAGEMENT PROGRAM › Section 7:31-4.3 - Standard operating procedures

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The provisions of this section apply in addition to those in 40 CFR 68.69, Operating procedures, with changes specified at 7:31-4.1(c)8.
(b) The standard operating procedures shall include the following:
1. A process description defining the operation and showing flows, temperatures and pressures, or a reference to a document with this information;
2. Sampling procedures addressing apparatus and specific steps involved in the taking of samples;
3. Logsheets and checklists where appropriate to the operation;
4. A statement as to the number of EHS operators required to meet safety needs for each operation with requirements for shift coverage;
5. A requirement that an EHS operator be in attendance at the facility, be able to acknowledge alarms and take corrective action to prevent an accident at all times during EHS handling, use, manufacturing, storage, or generation except:
i. During chlorination of water using chlorine vapor out of a supply vessel, if the Department determines that chlorine monitoring equipment is provided with alarms reporting to a continuously attended station whose personnel are trained to take action to prevent an EHS accident and the online supply vessel total capacity is less than 2,100 pounds;
ii. During EHS storage requiring refrigeration, circulation, agitation or inert gas blanketing, if the Department determines that EHS monitoring equipment is provided with alarms reporting to a continuously attended station whose personnel are trained to take action for an appropriate response, and a risk assessment demonstrates that an EHS operator is not necessary onsite during the specified activity;
iii. During storage not requiring refrigeration, circulation, agitation or inert gas blanketing, if the Department determines that EHS monitoring equipment is provided with alarms reporting to a continuously attended station, or a risk assessment performed pursuant to N.J.AC. 7:31-4.2 demonstrates that an EHS operator is not necessary onsite during the specified activity; or
iv. Notwithstanding any other applicable State and/or Federal requirements, during mechanical refrigeration using anhydrous ammonia within a closed loop system, if the Department determines that anhydrous ammonia detection monitoring equipment is capable of automatically isolating and shutting down EHS equipment and is provided with alarms reporting to a continuously attended station whose personnel are trained to take action to prevent an EHS accident; and
6. A table of contents or a system to index each covered process's standard operating procedures covering the items of 40 CFR 68.69(a) and (b)1 through 5 above.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 31 - TOXIC CATASTROPHE PREVENTION ACT PROGRAM › Subchapter 4 - MINIMUM REQUIREMENTS FOR A PROGRAM 3 TCPA RISK MANAGEMENT PROGRAM › Section 7:31-4.4 - EHS operator training

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The provisions of this section apply in addition to those in 40 CFR 68.71 with changes specified at 7:31-4.1(c)9.
(b) The owner or operator of a covered process shall provide a written job description which includes the duties and responsibilities for each EHS operator position.
(c) The training program shall specify the qualifications required for the personnel responsible for training EHS operators.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 31 - TOXIC CATASTROPHE PREVENTION ACT PROGRAM › Subchapter 4 - MINIMUM REQUIREMENTS FOR A PROGRAM 3 TCPA RISK MANAGEMENT PROGRAM › Section 7:31-4.5 - Mechanical integrity/preventive maintenance program

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The provisions of this section apply in addition to those of 40 CFR 68.73 with changes specified at 7:31-4.1(c)10  and 11.
(b) The owner or operator shall implement a system for maintaining accurate records of all inspections, breakdowns, repairs and replacements of EHS equipment with the means of data retrieval and analysis to determine the frequency of inspections and tests and to evaluate equipment reliability.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 31 - TOXIC CATASTROPHE PREVENTION ACT PROGRAM › Subchapter 4 - MINIMUM REQUIREMENTS FOR A PROGRAM 3 TCPA RISK MANAGEMENT PROGRAM › Section 7:31-4.6 - Management of change

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The provisions of this section apply in addition to those in 40 CFR 68.75 with changes specified at N.J.A.C. 7:31-4.1(c)12.
(b) If any change in the covered process or procedures results in an increase in rate, duration or quantity, or release frequency, the associated release scenarios and changes in rate, duration and quantity shall be identified. The associated release scenarios shall be analyzed in accordance with the parameters and methods required at 7:31-4.2 to determine whether a criterion endpoint defined at 7:31-4.2(b)3  iv 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 7:31-4.2(d) and (e) shall be prepared or updated for that change prior to implementing the change.
(d) Temporary changes involving EHS procedures, equipment, or safety instrumentation shall not be considered a change requiring compliance with 40 CFR 68.75 with changes specified at 7:31-4.1(c)12  and 4.6(a), (b) and (c). The management of change procedures shall contain the following requirements for implementing temporary changes:
1. Preparation of a description of the temporary change that includes:
i. The temporary change to be made;
ii. Identification of the EHS equipment, piping and instrument diagram(s), and standard operating procedure(s) affected by the temporary change; and
iii. The reason for the temporary change;
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 31 - TOXIC CATASTROPHE PREVENTION ACT PROGRAM › Subchapter 4 - MINIMUM REQUIREMENTS FOR A PROGRAM 3 TCPA RISK MANAGEMENT PROGRAM › Section 7:31-4.7 - Safety reviews: design and pre-startup

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The provisions of this section apply in addition to those in 40 CFR 68.77.
(b) For each new covered process, the owner or operator shall conduct a safety review of design for new EHS equipment prior to construction and shall document that the design of the covered process follows design and operating standards as reflected in the process safety information compiled in accordance with 40 CFR 68.65 with changes specified at 7:31-4.1(c)1  through 4.
(c) A written report shall be prepared for each safety review performed pursuant to (b) above. The safety review of design report shall include the following:
1. The date of the report and an identification of the covered process, the process safety information, and standard operating procedures reviewed;
2. An identification of the codes and standards upon which the covered process design and operations were based;
3. The names of the persons who performed the safety review; and
4. The deviations from the design and operating codes and standards that were found with an appropriate description of the resolution of each deviation finding.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 31 - TOXIC CATASTROPHE PREVENTION ACT PROGRAM › Subchapter 4 - MINIMUM REQUIREMENTS FOR A PROGRAM 3 TCPA RISK MANAGEMENT PROGRAM › Section 7:31-4.8 - Emergency response

Current through Register Vol. 56, No. 14, July 15, 2024
Owners and operators of Program 3 covered processes are subject to the emergency response provisions of N.J.A.C. 7:31-5.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 31 - TOXIC CATASTROPHE PREVENTION ACT PROGRAM › Subchapter 4 - MINIMUM REQUIREMENTS FOR A PROGRAM 3 TCPA RISK MANAGEMENT PROGRAM › Section 7:31-4.9 - Annual reports

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each owner or operator shall submit an annual report to the Department reflecting the risk management activities for the 12 month period ending on the anniversary date within 90 days of the anniversary date. The anniversary date shall be the date of the signing of the initial consent agreement or the date of issuance of an administrative order by the Department designating the approval of the risk management program for the stationary source. The Department shall change the anniversary date upon receipt of a written request from the owner or operator provided the anniversary date has not been changed in the preceding 24 months.
(b) The annual report shall contain:
1. An update, if applicable, of the supplemental TCPA program information as specified in 7:31-7.2(a)2, if this supplemental information was not previously reported in a revised Risk Management Plan submittal. If there were no changes in the supplemental information since the last Risk Management Plan submittal, the owner or operator shall state this in the annual report;
2. A description of significant changes to the management system. If there were no changes in the management system since the last annual report, the owner or operator shall state this in the annual report;
3. A process hazard analysis with risk assessment report prepared pursuant to 7:31-4.2(e)  for each process hazard analysis with risk assessment completed during the previous year. For those risk assessment reports prepared pursuant to 7:31-4.6(c), a list of the reports may be substituted 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;
4. A summary of EHS accidents and potential catastrophic events that occurred during the previous years. If no EHS accidents or potential catastrophic events occurred since the last annual report, the owner or operator shall state this in the annual report. The summary shall include:
i. The EHS involved and amount released if these facts can be reasonably determined based on the information obtained through the investigation;
ii. The date and time of the EHS accident and potential catastrophic event and identification of the EHS equipment involved; and
iii. The basic and contributory causes;
5. The compliance audit report and documentation for the year ending on the anniversary date prepared pursuant to 40 CFR 68.79(c) and (d) incorporated with changes specified at 7:31-4.1(c)14  and 23; and
6. Each inherently safer technology review report completed pursuant to 7:31-4.12(b) and (f) during the previous year.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 31 - TOXIC CATASTROPHE PREVENTION ACT PROGRAM › Subchapter 4 - MINIMUM REQUIREMENTS FOR A PROGRAM 3 TCPA RISK MANAGEMENT PROGRAM › Section 7:31-4.10 - Obligations upon temporary discontinuance of EHS use, storage and handling

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The owner or operator of a covered process who temporarily discontinues use, storage, handling and generation of an EHS in the covered process, or temporarily stores it at less than the threshold quantity, shall continue activities required of the owner or operator by this chapter until the date a consent agreement, or consent agreement addendum, that is signed by the owner or operator, is signed by the Department which requires, at a minimum:
1. Performance of a pre-startup safety review of the discontinued EHS equipment and procedures in accordance with the requirements of 40 CFR 68.77(a), (b)(1) and (2) and 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 7:31-4.1(c)10  and 11 and 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 7:31-4.1(c)9  and 4.4, within 60 calendar days prior to bringing the EHS back to the covered process; and
4. Payment of the annual fee.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 31 - TOXIC CATASTROPHE PREVENTION ACT PROGRAM › Subchapter 4 - MINIMUM REQUIREMENTS FOR A PROGRAM 3 TCPA RISK MANAGEMENT PROGRAM › Section 7:31-4.11 - New covered processes-construction and new EHS service

Current through Register Vol. 56, No. 14, July 15, 2024
(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 7:31-4.7(b) and (c) and the documentation required at 7:31-7.2 and 40 CFR 68.150 with changes specified at 7:31-7.1(c)1  and 2 at least 90 days prior to construction of the covered process;
2. Proceed with construction of the new covered process only upon receiving written approval from the Department;
3. Submit to the Department at least 90 days prior to the date the equipment is scheduled to be placed into EHS service any updates of the documentation as required by 7:31-4.11(a)1;
4. Conduct a pre-startup safety review in accordance with 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.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 31 - TOXIC CATASTROPHE PREVENTION ACT PROGRAM › Subchapter 4 - MINIMUM REQUIREMENTS FOR A PROGRAM 3 TCPA RISK MANAGEMENT PROGRAM › Section 7:31-4.12 - Inherently safer technology review

Current through Register Vol. 56, No. 14, July 15, 2024
(a) By September 2, 2008, for each covered process at the stationary source, the owner or operator shall complete an initial inherently safer technology review pursuant to (c) through (e), below and shall prepare and submit to the Department an inherently safer technology review report pursuant to (f) below. An inherently safer technology review report completed pursuant to the Best Practices Standards at TCPA/DPCC Chemical Sector Facilities, November 21, 2005
http://www.nj.gov/dep/rpp/brp/
, prior to May 5, 2008 may be submitted to comply with this requirement.
(b) The owner or operator shall update the inherently safer technology review submitted pursuant to (a) above on the same schedule as the process hazard analysis with risk assessment revalidations and updates pursuant to 40 CFR 68.67(f) incorporated with changes at 7:31-4.1(c)7  and 4.6(c) are updated for each covered process at the stationary source, including each new covered process brought on line since the date of the previous inherently safer technology review. The owner or operator shall address the inherently safer technologies that have been developed since the last inherently safer technology review. Unless an update is required pursuant to 7:31-4.6(c), the first inherently safer technology review update shall not be required until two years after the date of the initial inherently safer technology review.
(c) Each inherently safer technology review required by this section shall be conducted by a team of qualified experts convened by the owner or operator, whose members shall have expertise in environmental health and safety, chemistry, design and engineering, process controls and instrumentation, maintenance, production and operations, and chemical process safety.
(d) Each inherently safer technology review required by this section shall identify available inherently safer technology alternatives or combinations of alternatives that minimize or eliminate the potential for an EHS release. Using any available inherently safer technology analysis method, this review shall include, at a minimum, an analysis of the following principles and techniques:
1. Reducing the amount of EHS material that potentially may be released;
2. Substituting less hazardous materials;
3. Using EHSs in the least hazardous process conditions or form; and
4. Designing equipment and processes to minimize the potential for equipment failure and human error.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 31 - TOXIC CATASTROPHE PREVENTION ACT PROGRAM › Subchapter 5 - EMERGENCY RESPONSE › Section 7:31-5.1 - Incorporation by reference

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This subchapter incorporates by reference 40 CFR 68 Subpart E, including all future amendments and supplements, except as provided in (b) and (c) below.
(b) (Reserved)
(c) The following provisions of 40 CFR 68 Subpart E are incorporated by reference with the specified changes:
1.
										40 CFR 68.90(b), delete the introductory paragraph and replace with, "The owner or operator of a facility whose employees will not respond to accidental EHS releases shall comply with the following:".
2.
										40 CFR 68.90(b)(1), delete, "For stationary sources with any regulated toxic substance held in a process above the threshold quantity, the stationary source" and replace with, "For facilities with any regulated toxic substance at or above the threshold quantity, the facility". 40 CFR 68.90(b)(2), delete, "For stationary sources with only regulated flammable substances held in a process about the threshold quantity" and replace with "For facilities with only regulated flammable substances at or above the threshold quantity". 40 CFR 68.90(b)(3), at the end, add "The owner or operator shall obtain documentation from the local fire department or other outside emergency responder agencies, as applicable, that they will be responsible for responding to accidental releases at the owner or operator's facility."
3.
										40 CFR 68.95(b), delete the words "complies with other Federal contingency plan regulations or"; and
4.
										40 CFR 68.95(b), after the words "is consistent with" add the words "and as stringent as."
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 31 - TOXIC CATASTROPHE PREVENTION ACT PROGRAM › Subchapter 6 - EXTRAORDINARILY HAZARDOUS SUBSTANCES › Section 7:31-6.1 - Incorporation by reference

Current through Register Vol. 56, No. 14, July 15, 2024
(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 in (b) and (c) below.
(b) The following provisions are not incorporated by reference: 40 CFR 68.120, Petition process; and 40 CFR 68.125, Exemptions.
(c) The following provisions are incorporated by reference with the specified changes:
1.
										40 CFR 68.100, delete "subpart" and replace with "subchapter", after "as amended," add "and the Toxic Catastrophe Prevention Act, as amended, and". Delete the phrase "and establishes the requirements for petitioning to add or delete substances from the list".
2.
										40 CFR 68.115(a), delete and replace with, "A threshold quantity of an EHS in 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."
3.
										40 CFR 68.115(b), (b)(1) through (b)(5), at all occurrences delete "more than" before "a threshold quantity," and delete "regulated toxic substance" and replace with "toxic EHS" and delete "regulated flammable substance" and replace with "flammable EHS". Also, at all occurrences, delete "stationary source" and replace with "facility".
4.
										40 CFR 68.115(b)(5)(ii), after "operations;" replace "and" with "however, only pilot plant scale operations handling the substances listed at 40 CFR 68.130 in a covered process shall be covered under this chapter; and".
5.
										40 CFR 68.130, all substances and their specified threshold quantities are incorporated by reference into two lists as follows:
i.
											40 CFR 68.130 Table 1 (and 2), List of Regulated Toxic Substances, including all future amendments and supplements, are incorporated as 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.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 31 - TOXIC CATASTROPHE PREVENTION ACT PROGRAM › Subchapter 6 - EXTRAORDINARILY HAZARDOUS SUBSTANCES › Section 7:31-6.2 - Threshold quantity determination

Current through Register Vol. 56, No. 14, July 15, 2024
(a) If an EHS is listed as a toxic substance in 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 7:31-6.3(a)  as a toxic substance in Table I, Part A or B and as a flammable substance in Part C, the lower threshold quantity shall apply as the threshold quantity throughout this chapter.
(c) If a toxic EHS listed in 7:31-6.3(a)  Table I, Part A is present in a mixture at a concentration which is lower than the acute toxicity concentration (ATC), the amount of the EHS in the mixture shall not be considered in determining if the threshold quantity is present at a facility.
(d) For mixtures of EHS listed in 7:31-6.3(a)  Table I, Parts A or D, Group I, for which no concentration is specified, the threshold quantity shall be calculated using the weight percent of EHS contained in the mixture. When the weight of the total mixture times the weight percent is equal to or greater than the threshold quantity for that EHS, the owner or operator must comply with this chapter.
1. For EHSs 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 EHSs in Table I, Part A listed with a concentration in volume percent, the weight of only the pure EHS shall be used to determine whether a threshold quantity is present at a facility.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 31 - TOXIC CATASTROPHE PREVENTION ACT PROGRAM › Subchapter 6 - EXTRAORDINARILY HAZARDOUS SUBSTANCES › Section 7:31-6.3 - Extraordinarily hazardous substance list

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The substances listed in Table I, Parts A, B, C, and D Group I and Group II (with its correlated thresholds listed in Table II at (c) below) constitute the Department's extraordinarily hazardous substance list.
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(b) The following conditions apply for determining whether RHSs or RHS mixtures listed in Part D of Table I are subject to the requirements of this chapter.
1. Individual RHSs listed in Table I, Part D, Group I that are received, stored, and handled in combination with one or more other chemical substances specifically formulated to inhibit the reactive hazard (such as water reactivity, pyrophoric, or self-reacting) of the RHS shall not be exempt from this chapter.
2. An RHS mixture is a combination of substances that is intentionally mixed in a process vessel and is capable of undergoing an exothermic chemical reaction which produces toxic or flammable EHSs or energy. RHS mixtures include a reactant, product, or byproduct that is a chemical substance or a mixture of substances having one or more of the chemical functional groups specified in Table I, Part D, Group II. An RHS mixture has a heat of reaction which, by convention, is expressed as a negative value for an exothermic reaction, that has an absolute value greater than or equal to 100 calories per gram of RHS mixture. Non-reacting substances such as solvents shall not be included in the determination of the heat of reaction value of the RHS mixture.
3. The heat of solution or dilution shall not be considered when determining whether a mixture of substances is an RHS mixture subject to this chapter.
4. RHS mixtures that are only processed in a scrubber that is operated as an air pollution control device in compliance with the conditions of a State permit pursuant to the Air Pollution Control Act, N.J.S.A. 26:2C-1 et seq. shall not be subject to this chapter.
5. The owner or operator shall determine and document the heat of reaction by using one of the following methods:
i. Testing the intended combination in a calorimetry test to the lower of 400 degrees Celsius or the maximum achievable temperature in the process vessel; or
ii. A generally accepted practice such as a literature review or engineering calculations applicable to the RHS mixture to the lower of 400 degrees Celsius or the maximum achievable temperature in the process vessel.
6. The heat of reaction of an RHS mixture in a semi-batch reaction shall be determined assuming that all reactants are added at the same time as in a batch reaction.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 31 - TOXIC CATASTROPHE PREVENTION ACT PROGRAM › Subchapter 7 - RISK MANAGEMENT PLAN AND TCPA PROGRAM SUBMISSION › Section 7:31-7.1 - Incorporation by reference

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This subchapter incorporates by reference the provisions of 40 CFR 68 Subpart G, Risk Management Plan, including all future amendments and supplements, except as provided in (b) and (c) below.
(b) The following provisions of 40 CFR 68 Subpart G are not incorporated by reference: 40 CFR 68.165(a)(1) and 40 CFR 68.185(a).
(c) The following provisions of 40 CFR 68 Subpart G are incorporated by reference with the specified changes:
1.
										40 CFR 68.150(a) Submission, add the following phrase to the end of the last sentence "for covered processes regulated under to 40 CFR 68."
2.
										40 CFR 68.150(a) Submission, after "June 21, 1999" add the following sentence, "Submittal of the RMP to the Department shall be in accordance with 7:31-7.2 below."
3.
										40 CFR 68.190(a) Updates, in the first sentence after "owner or operator", add "of a covered process regulated under 40 CFR 68 ".
4.
										40 CFR 68.190(a) Updates, after "June 21, 1999" add the following sentence, "For all covered processes submittal of updates to the Department shall be in accordance with 40 CFR 68.190(b) and N.J.A.C. 7:31-7.2."
5.
										40 CFR 68.190(b) Updates, after "§ 68.150" add "with changes specified at 7:31-7.1(c)1  and 2."
6.
										40 CFR 68.190(c), after EPA, add "and the Department."
7.
										40 CFR 68.150(b)(3), delete "above a threshold quantity in a process" and replace with "at or above a threshold quantity at the facility."
8.
										40 CFR 68.160(b)(7), in the phrase, "For each covered process, the name and CAS number of each regulated substance held above the threshold quantity in the process," replace "above the threshold quantity in the process" with "at or above the threshold quantity at the facility."
9.
										40 CFR 68.165(a)(2), delete all references to "Program 2."
10. Delete 40 CFR 68.170.
11.
										40 CFR 68.190(b)5, delete "or hazard review."
12.
										40 CFR 68.195(a), delete "68.170(j)."
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 31 - TOXIC CATASTROPHE PREVENTION ACT PROGRAM › Subchapter 7 - RISK MANAGEMENT PLAN AND TCPA PROGRAM SUBMISSION › Section 7:31-7.2 - TCPA risk management plan submission and updates

Current through Register Vol. 56, No. 14, July 15, 2024
(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 7:31-7.1(c)1  and 2;
2. The following supplemental TCPA program information:
i. Identification of the position titles, expertise and affiliation of the persons involved with the development of each element of the risk management program;
ii. A description and profile of the area in which the covered process is situated, including its proximity to population and water supplies;
iii. Identification of insurance carriers underwriting the stationary source's environmental liability and workers compensation insurance policies including the address of the carrier, the type of policy, the amount of insurance and limitations or exclusions to the policy; and
iv. Identification of the extraordinarily hazardous substances inventory at the covered process as end products, intermediate products, byproducts or waste products; and
3. The owner or operator shall identify and register each covered process having an individual RHS or an RHS mixture and provide the following information in the RMP registration section pursuant to 40 CFR 68.160(b)(7) incorporated at 7:31-7.1(a):
i. For each individual RHS listed at 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 7:31-6.3, the 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 reaction vessel shall not be taken into account. For a covered process that has multiple process vessels containing an RHS mixture at or above the threshold quantity, the owner or operator shall register the total combined capacity of the process vessels.
iii. For RHS mixtures, the heat of reaction range in calories/gram as listed at Table II of 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 7:31-6.3(c)  Table II.
iv. For RHS mixtures containing one or more EHS(s) listed in Parts A, B, or C of 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.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 31 - TOXIC CATASTROPHE PREVENTION ACT PROGRAM › Subchapter 7 - RISK MANAGEMENT PLAN AND TCPA PROGRAM SUBMISSION › Section 7:31-7.3 - Risk management program and RMP-initial evaluation

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All RMPs submitted in accordance with this subchapter shall be reviewed by the Department to determine if they comply with the requirements of 40 CFR 68.150-185 with changes specified at 7:31-7.1(c)1  and 2 and 7.2.
(b) The RMPs and risk management programs of owners or operators that have an existing approved risk management program at their stationary source shall be audited or inspected in accordance with N.J.A.C. 7:31-8 for the covered processes that are already part of the approved risk management program and also for the newly regulated covered processes.
(c) The RMPs of owners or operators that do not have an approved risk management program at their facility shall be reviewed by the Department to determine whether the facility has an established risk management program. Owners or operators that have at least one process hazard analysis (for Program 3 covered processes) shall be determined to have an established risk management program and shall be notified and audited or inspected in accordance with N.J.A.C. 7:31-8.
(d) Approval of the risk management program for owners or operators who are audited pursuant to (c) above shall be the signing of the consent agreement or implementation of corrective actions required by the administrative order issued pursuant to 7:31-8.1(c)9.
(e) Owners or operators that do not have an approved risk management program at their facility and that the Department determines do not have an established risk management program shall be notified that they are subject to workplan in accordance with N.J.A.C. 7:31-9.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 31 - TOXIC CATASTROPHE PREVENTION ACT PROGRAM › Subchapter 7 - RISK MANAGEMENT PLAN AND TCPA PROGRAM SUBMISSION › Section 7:31-7.4 - Transfer of risk management program

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In the event of the transfer of the covered process to a new owner or operator, change in ownership or the name of an owner or operator, the new owner or operator shall, before operating EHS equipment, adopt the existing, or obtain a new, approved TCPA Risk Management Program for the covered process.
(b) A new owner or operator shall adopt an existing approved TCPA Risk Management Program by submitting an updated registration in accordance with this subchapter and signing an addendum to the consent agreement that was previously signed by the Department and the former owner or operator.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 31 - TOXIC CATASTROPHE PREVENTION ACT PROGRAM › Subchapter 9 - WORK PLAN/EHSARA › Section 7:31-9.1 - Work plan preparation

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An owner or operator who does not have an established risk management program as determined by the Department pursuant to 7:31-7.3 shall assist the Department in developing a work plan to perform an Extraordinarily Hazardous Substance Accident Risk Assessment (EHSARA) and develop a risk reduction plan.
(b) The work plan shall consist of the facility data and the detailed scope of work necessary to perform an EHSARA. The EHSARA shall result in a recommended risk reduction plan that will include any deficiencies that when corrected will result in an approved risk management program.
(c) An owner or operator assisting the Department in the development of the required work plan shall compile and submit to the Department the list of risk management program documents within 30 days after receipt of notice of the determination that the owner or operator does not have an established risk management program. The list of documents shall be grouped by operating or utility unit area in EHS service at the stationary source giving their document number, name, the EHS involved, most recent revision number and date, file location at the stationary source, and code of sheet size according to ANSI Y14.1-1996 (A, B, C, D, or E) or Deutshes Institut Fuer Normung (DIN) 823-1965 (A4, A3, A2, A1, or A0).
(d) Upon review of the documents submitted, the Department shall schedule a meeting with the owner or operator for the purpose of:
1. Identifying any other documents the owner or operator must submit to the Department;
2. Discussing and adapting the work plan to be developed to the owner or operator's EHS equipment and procedures;
3. Explaining the consultant selection process as described in 7:31-9.3;
4. Determining any limits on the scope or details of the work plan;
5. Identifying the members of the owner or operator's staff who shall 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 shall be included in the owner or operator's request for proposal to independent consultants; and
7. Reviewing the instructions to bidders to be included in the owner or operator's request for proposal document to which the work plan will be attached.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 31 - TOXIC CATASTROPHE PREVENTION ACT PROGRAM › Subchapter 9 - WORK PLAN/EHSARA › Section 7:31-9.3 - Selection of consultants

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department shall authorize an independent consultant nominated by the owner or operator to perform the Extraordinarily Hazardous Substance Accident Risk Assessment. The independent consultant shall be chosen by the Department and hired and paid for by the owner or operator in accordance with the provisions of this subchapter.
(b) Within 60 days after receipt of the finished work plan, an owner or operator shall submit the names and proposals of three consultants who meet the requirements at 7:31-9.4(b)  and are willing and able to perform the EHSARA in accordance with the schedule set in the work plan.
(c) The owner or operator shall not submit the name and proposal of any consultant who:
1. Is owned or controlled by the owner or operator or by a firm which owns or controls both the owner or operator and the consultant or owns or controls the owner or operator;
2. Was the designer of any covered process at the stationary source;
3. Is debarred or suspended pursuant to N.J.A.C. 7:1D-2 or on the New Jersey Department of Treasury's list of firms debarred or suspended from engaging in work in the State;
4. Fails to state in its written proposal that it will not subcontract any of the work involved in the EHSARA unless provided in writing by the Department; or
5. Fails to state in its written proposal that it will not change the staff named to do any of the work involved in the EHSARA unless approved in writing by the Department.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 31 - TOXIC CATASTROPHE PREVENTION ACT PROGRAM › Subchapter 9 - WORK PLAN/EHSARA › Section 7:31-9.4 - Proposal requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(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 this subchapter and shall include:
1. The consultant's qualifications in:
i. Process engineering;
ii. Safety engineering;
iii. Preparation of operating procedures;
iv. Preparation or review of maintenance procedures;
v. Preparation or review of safety procedures;
vi. Preparation or review of operator training programs;
vii. Performance or review of accident investigations;
viii. Performance of hazard reviews and process hazard analyses;
ix. Performance of risk assessments;
x. Preparation or review of emergency response plans;
xi. Performance of audits of risk management programs;
xii. Knowledge of risk reduction methods; and
xiii. With respect to each of the above qualifications, the following:
(1) The name of consultant's client; if the client's name cannot be divulged, then a description of the client;
(2) The name of client's contact person, if available;
(3) The date and duration of work;
(4) The names of consultant's employees who performed the work;
(5) The schedule of the work; and
(6) A brief description of the work.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 31 - TOXIC CATASTROPHE PREVENTION ACT PROGRAM › Subchapter 9 - WORK PLAN/EHSARA › Section 7:31-9.5 - EHSARA report

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Upon completion of the EHSARA, the consultant or the Department shall prepare an EHSARA report which shall include recommendations to reduce risks.
(b) The original EHSARA report shall be submitted to the Department and a copy of the EHSARA report shall be submitted to the owner or operator at the same time.
(c) The EHSARA report shall contain, but not be limited to, the following for Program 3 covered processes:
1. The findings of the verification required by 7:31-9.2(a)2;
2. The findings of the review required by 7:31-9.2(a)3;
3. The findings of the safety review required by 7:31-9.2(a)4;
4. The reports of the process hazard analysis with risk assessment required by 7:31-9.2(a)5;
5. The findings of the reviews required by 7:31-9.2(a)6  through 10; and
6. The recommended risk reduction plan including the listing of all of the deficiencies identified in (c)1 through 5 above, the remedial actions and alternatives to correct the deficiencies and a proposed schedule for implementation.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 31 - TOXIC CATASTROPHE PREVENTION ACT PROGRAM › Subchapter 10 - CONFIDENTIALITY AND TRADE SECRETS › Section 7:31-10.1 - Scope and applicability

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This subchapter constitutes the rules for the assertion, substantiation, review, and appeal of confidentiality claims and petitions to withhold privileged trade secret or security information, and establishes the principles, guidelines and procedures governing the internal management and disclosure of confidential information provided to the Department pursuant to this chapter.
(b) All owners or operators asserting a confidentiality claim or a petition to withhold privileged trade secret or security information shall follow the procedures set forth in this subchapter.
(c) The Department, its employees and its agents shall strictly adhere to the procedures established by this subchapter for maintaining the confidentiality and security of confidential information and for the disclosure of confidential information.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 31 - TOXIC CATASTROPHE PREVENTION ACT PROGRAM › Subchapter 10 - CONFIDENTIALITY AND TRADE SECRETS › Section 7:31-10.3 - Exclusions from confidential information and privileged trade secret or security information

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Information required to be submitted or disclosed to the Department pursuant to the Act or this chapter which meets the following criteria shall not be considered as confidential information, regardless of any claim or petition either pending or approved:
1. The name of the owner or operator, his or her address, and the name and location of his or her EHS facilities;
2. The chemical or common name, Chemical Abstract Services number, United States Department of Transportation identification number, extraordinarily hazardous substance name or other identifying name for the substances listed in Table I in 7:31-6.3, or any regulation promulgated under the Act;
3. Information required to be publicly disclosed pursuant to any other Federal or state act or regulation;
4. Information supplied to the Department by an owner or operator contained within the RMP;
5. Information required to be publicly disclosed pursuant to a court order or ruling;
6. Information which is patented;
7. Information which is published or available through any public source;
8. Information which is known to persons outside the owner or operator's business, who are not bound by a confidentiality agreement or other duty to keep the information confidential;
9. Information which is determined not to be confidential information pursuant to this chapter;
10. (Reserved)
11. Information required to be included in the registrant's emergency response plan pursuant to 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.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 31 - TOXIC CATASTROPHE PREVENTION ACT PROGRAM › Subchapter 10 - CONFIDENTIALITY AND TRADE SECRETS › Section 7:31-10.5 - Determination of confidentiality claims

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Information for which a confidentiality claim has been asserted will be treated by the Department as entitled to confidential treatment, unless the Department determines that the information is not entitled to confidential treatment as provided in this section.
(b) The Department shall act upon a confidentiality claim and determine whether information is or is not entitled to confidential treatment whenever the Department:
1. Receives a request under 47:1A-1 et seq. to inspect or copy such information;
2. Decides to determine whether information in its possession is entitled to confidential treatment; or
3. Desires for any reason in the public interest to disclose the information to persons not authorized by this subchapter to have access to confidential information.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 31 - TOXIC CATASTROPHE PREVENTION ACT PROGRAM › Subchapter 10 - CONFIDENTIALITY AND TRADE SECRETS › Section 7:31-10.6 - Petitions to withhold privileged trade secret or security information

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An owner or operator required to submit or disclose trade secret or security information pursuant to the Act or this chapter which the owner or operator believes must be kept privileged so as not to competitively disadvantage the covered process, or compromise the security of the covered process or its operations, may petition the Department for the right to withhold the privileged trade secret or security information by following the procedures set forth in this section and by paying the fee set forth in N.J.A.C. 7:31-1.11(r). Any owner or operator submitting such a petition shall provide complete responses on all required submissions to the Department except for those items which would require the disclosure of privileged trade secret or security information which the petitioner seeks to withhold. For those items, the petitioner shall note that a petition to withhold privileged trade secret or security information has been submitted, along with the date thereof.
(b) Any owner or operator petitioning the Department for the right to withhold privileged trade secret or security information shall do so in writing on a form provided by the Department at the time of initial document submittal, or within 30 days after receipt of a Department request for the site data for owners or operators with no risk management program as provided by 7:31-9.1(c), or within 30 days of the creation of new privileged trade secret or security information. A petitioner shall also submit in writing substantiation on a form provided by the Department to support its assertion that the information sought to be withheld is privileged trade secret or security information and pay the fee set forth in N.J.A.C. 7:31-1.11(r)  for review of its petition and substantiation in accordance with the following:
1. A petitioner whose initial RMP submittal is accepted for further review in accordance with 7:31-7.3(c)  shall submit its substantiation and fee within 30 days of receipt of a written request by the Department.
2. A petitioner whose risk management program is determined to be unacceptable shall submit its substantiation and fee at the time it submits the site data as required by 7:31-9.1(c), that is, within 30 days after receipt of notice that its risk management program is unacceptable.
3.
(Reserved)
4. A petitioner who creates new privileged trade secret or security information shall submit its substantiation and fee within 30 days after receipt of a written request by the Department.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 31 - TOXIC CATASTROPHE PREVENTION ACT PROGRAM › Subchapter 10 - CONFIDENTIALITY AND TRADE SECRETS › Section 7:31-10.7 - Determinations of petitions to withhold privileged trade secret or security information

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Upon receipt of a petition to withhold privileged trade secret or security information, the Department shall first make a determination that the information petitioned to be withheld as privileged trade secret or security information has not been the subject of a prior determination by the Department of a petition to withhold the same information concerning the same covered process, or if it has, that the prior determination upheld the owner or operator's petition to withhold the information.
1. If such a prior determination held that the petition to withhold the trade secret or security information was invalid, the Department shall notify the petitioner that the information petitioned to be withheld from the Department is the subject of a prior determination concerning the withholding of the same information in which it was held that such petition was invalid, and the Department shall require the petitioner to submit or disclose the information to the Department.