reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 30 - PESTICIDE CONTROL CODE › Subchapter 12 - AGRICULTURAL WORKER PROTECTION › Section 7:30-12.13 - Restrictions during applications

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The handler employer and the handler shall ensure that no pesticide is applied so as to contact, either directly or through drift, any worker or other person, other than an appropriately trained and equipped handler involved in the application.
(b) The handler employer shall assure that any handler who is performing any handling activity with a product that has the skull and crossbones symbol on the front panel of the label is monitored visually or by voice communication at least every two hours.
(c) The handler employer shall ensure:
1. That any handler in an area of enclosed space production during a fumigant application maintains continuous visual or voice contact with another handler stationed immediately outside of the area of enclosed space production; and
2. That the handler stationed outside the area of enclosed space production has immediate access to and uses the PPE required by the fumigant labeling for applicators in the event that entry becomes necessary for rescue.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 30 - PESTICIDE CONTROL CODE › Subchapter 12 - AGRICULTURAL WORKER PROTECTION › Section 7:30-12.14 - Providing specific information about applications

Current through Register Vol. 56, No. 14, July 15, 2024
(a) When handlers, except those employed by a commercial pesticide handling establishment and, within the last 30 days, a pesticide covered by this subchapter has been applied on the establishment or a restricted-entry interval has been in effect, the handler employer shall display, in accordance with this section, specific information about the pesticide.
(b) The information shall be displayed in the same location specified for the pesticide safety information in N.J.A.C. 7:30-12.19(b)  and shall be accessible and legible, as specified in N.J.A.C. 7:30-12.19(c) and (d).
(c) If warning signs are posted for the treated area before an application, the specific application information for that application shall be posted at the same time or earlier.
1. The information shall be posted before the application takes place, if handlers, except those employed by a commercial handling establishment, will be on the establishment during application. Otherwise, the information shall be posted at the beginning of any such handler's first work period.
2. The information shall continue to be displayed for at least 30 days after the end of the restricted-entry interval; or, if there is no restricted-entry interval, for at least 30 days following the end of the application; or at least until the handlers are no longer on the establishment; whichever is earlier.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 30 - PESTICIDE CONTROL CODE › Subchapter 12 - AGRICULTURAL WORKER PROTECTION › Section 7:30-12.15 - Notice of applications to agricultural employers

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Before the application of any pesticide on or in an agricultural establishment, any handler employer, commercial pesticide applicator, and/or pesticide applicator business performing any application of a pesticide having a reentry time subject to the provisions of 40 CFR Part 156, shall notify the agricultural employer, owner, or lessee responsible for the field being treated of the following:
1. The specific location and description of the areas to be treated;
2. The start and estimated end time and date of application;
3. The product name, EPA registration number, and active ingredient(s);
4. The labeling-specified restricted-entry interval;
5. Whether posting and oral notification, or both, are required; and
6. Any restrictions or use directions on the product labeling that shall be followed for protection of workers, handlers, or other persons during or after application.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 30 - PESTICIDE CONTROL CODE › Subchapter 12 - AGRICULTURAL WORKER PROTECTION › Section 7:30-12.16 - Pesticide safety training for handlers

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Before any handler performs any handling task, the handler employer shall ensure that the handler has been trained in accordance with this subsection within the last 12 months.
1. No handler employer shall require any person under 18 years of age to perform any handling task.
2. Before any handler performs any handler activity on an agricultural establishment where within the last 30 days a pesticide product has been used, or a restricted-entry interval for such pesticide has been in effect, the handler employer shall ensure that each handler has received, in a manner the handler can understand, an employee orientation covering all of the following establishment-specific information:
i. The location of pesticide safety information required pursuant to N.J.A.C. 7:30-12.19;
ii. The location of pesticide application and hazard information required pursuant to N.J.A.C. 7:30-12.14; and
iii. The location of decontamination supplies required pursuant to N.J.A.C. 7:30-12.21.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 30 - PESTICIDE CONTROL CODE › Subchapter 12 - AGRICULTURAL WORKER PROTECTION › Section 7:30-12.17 - Knowledge of labeling and other site-specific information

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The handler employer shall ensure that before the handler performs any handling activity involving a pesticide product, the handler either has read the pesticide labeling or has been informed in a manner the handler can understand of all labeling requirements and use directions related to safe use of the pesticide.
1. The handler employer shall ensure that the handler has access to the applicable pesticide labeling at all times during handling activities.
2. The handler employer shall ensure that the handler is aware of requirements for any entry restrictions, application exclusion zones, and restricted-entry intervals that may apply based on the handler's activity.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 30 - PESTICIDE CONTROL CODE › Subchapter 12 - AGRICULTURAL WORKER PROTECTION › Section 7:30-12.18 - Safe operation of equipment

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The handler employer shall assure that before the handler uses any equipment for mixing, loading, transferring, or applying pesticides, the handler is instructed in the safe operation of such equipment, including, when relevant, chemigation safety requirements and drift avoidance.
(b) The handler employer shall assure that, before each day of use, equipment used for mixing, loading, transferring, or applying pesticides is inspected for leaks, clogging, and worn or damaged parts, and any damaged equipment is repaired or replaced.
(c) Before allowing any person to repair, clean, or adjust equipment used to mix, load, transfer, or apply pesticides, the handler employer shall ensure that pesticide residues have been removed from the equipment, unless the person doing the cleaning, repairing, or adjusting is a handler employed by the agricultural or commercial pesticide handling establishment. Before allowing any person not directly employed by the handler employer to clean, repair, or adjust equipment that has been used to mix, load, transfer, or apply pesticides, the handler employer shall provide all of the following information to such person:
1. That pesticide application equipment may be contaminated with pesticides;
2. The potentially harmful effects of exposure to pesticides;
3. Procedures for handling pesticide application equipment and for limiting exposure to pesticide residues; and
4. Personal hygiene practices and decontamination procedures for preventing pesticide exposure and removing pesticide residues.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 30 - PESTICIDE CONTROL CODE › Subchapter 12 - AGRICULTURAL WORKER PROTECTION › Section 7:30-12.19 - Posted pesticide safety information

Current through Register Vol. 56, No. 14, July 15, 2024
(a) When handlers, except those employed by a commercial handling establishment, are on an agricultural establishment and, within the last 30 days, a pesticide has been applied on the establishment or a restricted-entry interval has been in effect, the agricultural employer shall display, in accordance with this section, pesticide safety information. The safety information shall convey, in a manner the handler can understand, all of the following pesticide safety concepts:
1. Help keep pesticides from entering your body. At a minimum, the following points shall be conveyed:
i. Avoid getting on your skin or into your body any pesticides that may be on, or in, plants, soil, irrigation water, tractors and other equipment, or used personal protective equipment, or pesticides drifting from nearby applications.
ii. Wash before eating, drinking, using chewing gum or tobacco, or using the toilet.
iii. Wear work clothing (long-sleeved shirts, long pants, shoes and socks, and a hat or scarf) that protects the body from pesticide residues.
iv. Wash/shower with soap and water, shampoo hair, and put on clean clothes after work.
v. Wash work clothes separately from other clothes before wearing them again.
vi. If pesticides are spilled or sprayed on the body, use decontamination supplies to wash immediately, or rinse off in the nearest clean water, including a spring, stream, lake, or other sources of water if more readily available than decontamination supplies, and as soon as possible, wash or shower with soap and water, shampoo hair, and change into clean clothes.
vii. Follow directions about keeping out of treated areas and application exclusion zones.
viii. Seek medical attention as soon as possible if you believe that you have been poisoned, injured, or made ill by pesticides.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 30 - PESTICIDE CONTROL CODE › Subchapter 12 - AGRICULTURAL WORKER PROTECTION › Section 7:30-12.20 - Handler personal protective equipment

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any person who performs tasks as a pesticide handler shall use the clothing and PPE specified on the labeling for the use of the product.
(b) Personal protective equipment (PPE) means devices and apparel that are worn to protect the body from contact with pesticides or pesticide residues, including, but not limited to, coveralls, chemical-resistant suits, chemical-resistant gloves, chemical-resistant footwear, respiratory protection devices, chemical-resistant aprons, chemical-resistant headgear, and protective eyewear.
1. Long-sleeved shirts, short-sleeved shirts, long pants, short pants, shoes, socks, and other items of work clothing are not considered PPE for the purposes of this subchapter and are not subject to the requirements of this section, although pesticide labeling may require that such clothing be worn during some activities.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 30 - PESTICIDE CONTROL CODE › Subchapter 12 - AGRICULTURAL WORKER PROTECTION › Section 7:30-12.21 - Handler decontamination

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The handler employer shall provide decontamination and eyeflushing supplies in accordance with this section for any handler that is performing any handler activity or removing personal protective equipment at the place for changing required pursuant to N.J.A.C. 7:30-12.20(f)8.
(b) The handler employer shall provide handlers with at least three gallons of water per handler at the beginning of each handler's work period for routine washing and potential emergency decontamination. At all times when the water is required to be available to handlers, the handler employer shall ensure that it is of a quality and temperature that will not cause illness or injury when it contacts the skin or eyes or if it is swallowed.
1. If a water source is to be used for mixing pesticides, it shall not be used for decontamination or eyeflushing, unless equipped with properly functioning valves or other mechanisms that prevent contamination of the water with pesticides, such as anti-backflow siphons, one-way or check valves, or an air gap sufficient to prevent contamination.
2. The handler employer shall provide soap and single-use towels for drying at each decontamination site in quantities sufficient to meet handlers' needs. Hand-sanitizing gels and liquids, or wet towelettes do not meet the requirements for soap. Wet towelettes do not meet the requirement for single use towels.
3. The handler employer shall provide one clean change of clothing, such as coveralls, at each decontamination site for use in an emergency.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 30 - PESTICIDE CONTROL CODE › Subchapter 12 - AGRICULTURAL WORKER PROTECTION › Section 7:30-12.22 - Emergency assistance by commercial pesticide handling establishments

Current through Register Vol. 56, No. 14, July 15, 2024
(a) If there is reason to believe that a handler employed by the commercial pesticide handling establishment has experienced a potential pesticide exposure during employment by the commercial pesticide handling establishment or shows symptoms similar to those associated with acute exposure to pesticides during or within 72 hours after employment by the commercial pesticide handling establishment, and needs emergency medical treatment, the commercial pesticide handler employer shall do all of the following promptly after learning of the possible poisoning or injury:
1. Make available to that person transportation from the commercial pesticide handling establishment, or any agricultural establishment on which that handler may be working on behalf of the commercial pesticide handling establishment, to an operating medical care facility capable of providing emergency medical treatment to a person exposed to pesticides; and
2. Provide all of the following information to that person and to treating medical personnel:
i. A copy of the applicable safety data sheet and the product name, EPA registration number, and active ingredients of any pesticide to which that person may have been exposed;
ii. The circumstances of application or use of the pesticide; and
iii. The circumstances that could have resulted in exposure of that person to the pesticide.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 30 - PESTICIDE CONTROL CODE › Subchapter 13 - INTEGRATED PEST MANAGEMENT IN SCHOOLS › Section 7:30-13.1 - Scope and purpose; Integrated Pest Management Policy

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Integrated Pest Management (IPM) is a way to manage pest control through practical and preventive methods that eliminate or reduce damage caused by pests with a goal of reducing the reliance on pesticide use. This subchapter establishes the requirements for IPM in schools in accordance with the School Integrated Pest Management Act, 13:1F-19 et seq. A school shall outline its obligations to perform IPM by adopting an IPM Policy as described in (b) below.
(b) The superintendent of a school district for each school in the district, the board of trustees of a charter school, and the principal or lead administrator of a private school shall adopt an IPM Policy that covers the following elements:
1. A description of IPM procedures to be followed at the school;
2. The local school board, board of trustees, principal or lead administrator, as appropriate, that is responsible for designating an IPM coordinator for the school;
3. Education of the school community about IPM fundamentals;
4. The establishment of recordkeeping requirements for pesticide and pest information;
5. The establishment of notification and posting requirements;
6. The establishment of re-entry requirements after a pesticide application;
7. The establishment of pesticide applicator oversight requirements;
8. Requirements for the development and implementation of an IPM Plan; and
9. The requirement for an annual evaluation of the IPM Plan.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 30 - PESTICIDE CONTROL CODE › Subchapter 13 - INTEGRATED PEST MANAGEMENT IN SCHOOLS › Section 7:30-13.2 - Integrated Pest Management Plan

Current through Register Vol. 56, No. 14, July 15, 2024
(a) As a requirement of its IPM Policy, each school shall develop and implement a site-specific IPM Plan that describes how the school will manage pests through IPM methods and comply with all aspects of the IPM Policy. The site specific IPM Plan shall be maintained at the school for which it was developed. The Department shall provide a model IPM Plan for schools and make this available as part of training and compliance assistance materials.
1. For public schools, the local school board, in collaboration with the school building administrator (principal), is responsible for the development of the IPM Plan for the school.
2. For charter schools and non-public schools, the board of trustees or principal or the lead administrator is responsible for the development of the IPM Plan.
3. The IPM Plan shall contain at minimum, the following:
i. The school's goals regarding the management of pests and the use of pesticides;
ii. The school's site-specific needs regarding the management of pests;
iii. A description of how each component of the school's IPM Policy will be implemented at the school; and
iv. The name of the IPM coordinator designated by the appropriate school authority identified in accordance with 7:30-13.1(b)2.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 30 - PESTICIDE CONTROL CODE › Subchapter 13 - INTEGRATED PEST MANAGEMENT IN SCHOOLS › Section 7:30-13.3 - Integrated pest management coordinator

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each local school board of a school district, each board of trustees of a charter school, and each principal or lead administrator of a private school, as appropriate, shall designate an IPM coordinator to implement the IPM Plan.
1. The IPM coordinator shall be responsible for:
i. Implementing the IPM Policy and Plan;
ii. Maintaining information about the school or school district's school IPM Policy and Plan, and about pesticide applications on the school property of the school or the schools within the school district;
iii. Acting as a contact for inquiries about the school IPM Policy and Plan;
iv. Maintaining material safety data sheets, when available, and labels for all pesticides that are used on the school property of the school or of the schools in the school district; and
v. Ensuring that commercial pesticide applicators operating on school property are in compliance with the following:
(1) Licensing requirements at N.J.A.C. 7:30-6 and 7.1;
(2) Applicable notification and posting requirements at N.J.A.C. 7:30-9;
(3) Label precautions from the Federal registered label of each pesticide used on school property; and
(4) All applicable provisions of the school IPM Policy and Plan.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 30 - PESTICIDE CONTROL CODE › Subchapter 13 - INTEGRATED PEST MANAGEMENT IN SCHOOLS › Section 7:30-13.4 - Records

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The local school board of a school district, the board of trustees of a charter school, or the principal or lead administrator of a private school, as appropriate, shall request from the commercial pesticide applicator and shall maintain records of pesticide applications used on school property in accordance with the following:
1. Records for all pesticide applications at a school shall be maintained at that school;
2. Records shall be maintained for three years after the application, and maintained for five years after the application of a pesticide designed to control termites;
3. Records shall be available upon request to the public for review;
4. Records shall be immediately provided to the Department upon request;
5. Records shall be provided immediately to medical personnel in emergency situations; and
6. Records shall include, at a minimum, the application records required at 7:30-6.8 and 7.3.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 30 - PESTICIDE CONTROL CODE › Subchapter 13 - INTEGRATED PEST MANAGEMENT IN SCHOOLS › Section 7:30-13.5 - Annual notification

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Annually, at the beginning of each school year, each local school board, each board of trustees of a charter school, or each principal or lead administrator of a private school, as appropriate, shall include a notice of the school IPM Policy of the school or school district in school calendars or other forms of universal notification.
1. The notice shall include:
i. The IPM Policy of the school or school district;
ii. A list of any pesticide that is in use or that has been used in the last 12 months on school property;
iii. The name, address, and telephone number of the IPM coordinator of the school or school district;
iv. A statement that:
(1) The IPM coordinator maintains the product label and material safety data sheet, when available, of each pesticide that may be used on school property;
(2) The label and data sheet is available for review by a parent, guardian, staff member, or student attending the school; and
(3) The IPM coordinator is available to parents, guardians, staff members, and students to provide information for, and receive comments about, IPM activities and pesticide use;
v. The time and place of any meetings that will be held to adopt the school integrated pest management policy; and
vi. The statement: "As part of a school pest management plan, (insert school name) may use pesticides to control pests. The United States Environmental Protection Agency (EPA) and the New Jersey Department of Environmental Protection (DEP) register pesticides to determine that the use of a pesticide in accordance with instructions printed on the label does not pose an unreasonable risk to human health and the environment. Nevertheless, the EPA and DEP cannot guarantee that registered pesticides do not pose any risk to human health, thus unnecessary exposure to pesticides should be avoided. The EPA has issued the statement that where possible, persons who are potentially sensitive, such as pregnant women, infants and children, should avoid unnecessary pesticide exposure."
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 30 - PESTICIDE CONTROL CODE › Subchapter 13 - INTEGRATED PEST MANAGEMENT IN SCHOOLS › Section 7:30-13.6 - Notification: other than low impact pesticide use

Current through Register Vol. 56, No. 14, July 15, 2024
(a) If a local school board, board of trustees of a charter school or principal or lead administrator of a private school, as appropriate, determines that a pesticide, other than a low impact pesticide, must be used on school property, such pesticide shall be used only in accordance with this section.
1. The provisions of this section shall apply to a school during the school year, and during holidays and the summer months, only if the school is in use by children during those periods. During those periods, notices shall be provided to all staff members and the parents or guardians of the students that are using the school in an authorized manner; and
2. The provisions of this section shall apply if any person applies a pesticide, other than a low impact pesticide, on school property, including a custodian, staff member, or commercial applicator.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 30 - PESTICIDE CONTROL CODE › Subchapter 13 - INTEGRATED PEST MANAGEMENT IN SCHOOLS › Section 7:30-13.7 - Notification: emergency application of a pesticide other than a low impact pesticide

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A pesticide, other than a low impact pesticide, may be applied on school property in response to an emergency, without complying with the requirements of 7:30-13.6, provided the requirements of (b) below are met.
(b) Within 24 hours after the application of a pesticide pursuant to this section, or on the morning of the next school day, whichever is earlier, the local school board, the board of trustees of a charter school, or the principal or lead administrator of a private school, as appropriate, shall provide to each parent or guardian of a student enrolled at the school, and staff member of the school, notice of the application of the pesticide for emergency pest control that includes:
1. The information required for a notice under 7:30-13.6;
2. A description of the problem and the factors that qualified the problem as an emergency that threatened the health or safety of a student or staff member; and
3. If necessary, a description of the steps that will be taken in the future to avoid emergency application of a pesticide pursuant to this section.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 30 - PESTICIDE CONTROL CODE › Subchapter 13 - INTEGRATED PEST MANAGEMENT IN SCHOOLS › Section 7:30-13.8 - Other than low impact pesticide applications: prohibitions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A pesticide, other than a low impact pesticide, shall not be applied on school property where students are expected to be present for academic instruction or for organized extra-curricular activities prior to the time prescribed for re-entry to the application site by the United State Environmental Protection Agency on the pesticide label, except that if no specific numerical re-entry time is prescribed on a pesticide label, such a pesticide, other than a low impact pesticide, shall not be applied on school property where students are expected to be present for academic instruction or for organized extra-curricular activities within seven hours of the application.
(b) A pesticide, other than a low impact pesticide, shall not be applied in a school building when students are present, unless in accordance with (a) above, and (b)1 and 2 below:
1. Students may not be present in an untreated portion of a school building unless the area being treated with a pesticide, other than a low impact pesticide, is served by a separate ventilation system and is separated from the untreated area by smoke or fire doors; and
2. Residential areas for students not used by school children during normal school hours may be treated during normal school hours, provided that the notification requirements of 7:30-9.12(b)  have been carried out.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 30 - PESTICIDE CONTROL CODE › Subchapter 13 - INTEGRATED PEST MANAGEMENT IN SCHOOLS › Section 7:30-13.9 - Enforcement action

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department may issue an administrative order against a local school board, the board of trustees of a charter school, or a principal or chief administrator of a private school that fails to comply with the provisions of this subchapter or the provisions of the IPM Act, 13:1F-19 et seq.
(b) Upon identification of a violation, the Department will notify the violator by certified mail (return receipt requested) or by personal service. The notice shall:
1. Identify each section or requirement of this subchapter violated;
2. Concisely state the facts alleged to constitute the violation;
3. Specify action necessary to cure the violation; and
4. Advise the violator of the right to request an adjudicatory hearing.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 31 - TOXIC CATASTROPHE PREVENTION ACT PROGRAM › Subchapter 1 - GENERAL PROVISIONS › Section 7:31-1.1 - Incorporation by reference

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This subchapter incorporates by reference 40 CFR 68 Subpart A, including all future amendments and supplements except as provided in (b) and (c) below.
(b) The following provisions of 40 CFR Part 68 Subpart A are not incorporated by reference: 40 CFR 68.2, Stayed provisions; 40 CFR 68.10(b) and (e), Applicability; and 40 CFR 68.12(b) and (c), General requirements.
(c) The following provisions of 40 CFR 68 Subpart A are incorporated by reference with the specified changes:
1.
										40 CFR 68.1, Scope:
i. In the first and second sentences, delete the word "part" and replace with "chapter."
ii. Delete the phrase, "the petition process for adding or deleting substances to the list of regulated substances" and replace with the word "and".
iii. Delete the phrase, "and the state accidental release prevention programs approved under section 112(r)."
iv. Delete the sentence, "The list of substances, threshold quantities and accident prevention regulations promulgated under this part do not limit in any way the general duty provisions under section 112(r)1."
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 31 - TOXIC CATASTROPHE PREVENTION ACT PROGRAM › Subchapter 1 - GENERAL PROVISIONS › Section 7:31-1.2 - Construction

Current through Register Vol. 56, No. 14, July 15, 2024
(a) These rules shall be liberally construed to permit the Department to discharge its statutory functions.
(b) The Commissioner may amend or repeal this chapter in conformance with the Administrative Procedure Act, 52:14B-1 et seq., and N.J.A.C. 1:30-1 et seq.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 31 - TOXIC CATASTROPHE PREVENTION ACT PROGRAM › Subchapter 1 - GENERAL PROVISIONS › Section 7:31-1.3 - Purpose

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The general purpose of this chapter is to protect the public from catastrophic accidents from chemical releases of extraordinarily hazardous substances to the environment by anticipating the circumstances that could result in such releases and requiring precautionary and preemptive actions to prevent such releases.
(b) In order to achieve this general purpose, this chapter establishes:
1. The extraordinarily hazardous substance list which, among other things, is used to determine the facilities subject to the Toxic Catastrophe Prevention Act program;
2. The procedures to be followed by owners or operators subject to the program;
3. The minimum requirements for an acceptable risk management program;
4. The requirements for an extraordinarily hazardous substance risk reduction work plan and accident risk assessment;
5. The criteria for selecting an independent consultant to perform an extraordinarily hazardous substance accident risk assessment;
6. Fees for the administration of the TCPA Program;
7. The requirements for emergency response plans;
8. The reporting requirements for owners and operators subject to the Toxic Catastrophe Prevention Act Program;
9. Administrative penalties for those facilities which violate the Act, this chapter or any order or consent agreement issued pursuant thereto; and
10. The incorporation by reference of specified provisions of the Federal Chemical Accident Prevention Provisions at 40 CFR Part 68.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 31 - TOXIC CATASTROPHE PREVENTION ACT PROGRAM › Subchapter 1 - GENERAL PROVISIONS › Section 7:31-1.4 - Incorporation by reference of the Code of Federal Regulations

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Unless specifically excluded by these rules, when a provision of the Code of Federal Regulations (CFR) is incorporated by reference, all notes, comments, appendices, diagrams, tables, forms, figures, publications and all future amendments and supplements are also incorporated by reference.
(b) When a provision of 40 CFR Part 68 is incorporated by reference, all internal references contained therein are also incorporated by reference for the purposes of that provision, unless otherwise noted. Each internal reference to 40 CFR Part 68 shall be interpreted to include, in addition to the Federal citation, any changes or deletions to that citation by the corresponding State subchapter. For example, all references within the CFR to 40 CFR Part 68 shall include the changes, additions and deletions which N.J.A.C. 7:31 makes to 40 CFR Part 68.
(c) Provisions of the CFR which are excluded from incorporation by reference in these rules are excluded in their entirety, unless otherwise specified. If there is a cross reference to a Federal citation which was specifically entirely excluded from incorporation, the cross referenced citation is not incorporated by virtue of the cross reference.
(d) Federal statutes and regulations that are cited in 40 CFR Part 68 that are not specifically adopted by reference shall be used to assist in interpreting the Federal regulations in 40 CFR Part 68.
(e) In the event that there are inconsistencies or duplications in requirements in the provisions incorporated by reference from 40 CFR Part 68 and the rules set forth in this chapter, the provisions incorporated by reference from 40 CFR Part 68 shall prevail, except where the rules set forth in this chapter are more stringent.
(f) Nothing in these provisions incorporated by reference from the CFR shall affect the Department's authority to enforce statutes, rules, permits or orders administered or issued by the Commissioner.
(g) Any future additional Subparts of 40 CFR Part 68 are incorporated by reference.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 31 - TOXIC CATASTROPHE PREVENTION ACT PROGRAM › Subchapter 1 - GENERAL PROVISIONS › Section 7:31-1.6 - Severability

Current through Register Vol. 56, No. 14, July 15, 2024
If any section, subsection, provision, clause, or portion of this chapter is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this chapter shall not be affected thereby and shall remain in full force and effect.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 31 - TOXIC CATASTROPHE PREVENTION ACT PROGRAM › Subchapter 1 - GENERAL PROVISIONS › Section 7:31-1.7 - Practice where these rules do not govern

Current through Register Vol. 56, No. 14, July 15, 2024
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, 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 13:1B-3, 13:1D-9, 13:1K-19 et seq., 26:2C-1 et seq. and all other legislatively conferred powers.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 31 - TOXIC CATASTROPHE PREVENTION ACT PROGRAM › Subchapter 1 - GENERAL PROVISIONS › Section 7:31-1.8 - Document availability

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Copies of the CFR ( 40 CFR Part 68 ) as adopted and incorporated by reference are available for review. Publications incorporated by reference within the Code of Federal Regulations are also available for review. These may be reviewed by contacting the Department at:
New Jersey Department of Environmental Protection
Bureau of Release Prevention
PO Box 420, Mail Code 22-03D
Trenton, NJ 08625-0420
Telephone: (609) 633-0610
(b) Copies of the CFR ( 40 CFR Part 68 ) as adopted and incorporated by reference may be purchased from the following sources:
U.S. Government Printing Office
Superintendent of Documents
Mail Stop: SCOP
Washington, DC 20402-9328
U.S. Government Printing Office Bookstore
Room 110, 26 Federal Plaza
New York, NY 10278-0081
U.S. Government Printing Office Bookstore
Robert Morris Building
100 North 17th Street
Philadelphia, PA 19103
(c) Copies of the CFR ( 40 CFR Part 68 ) as adopted and incorporated by reference herein are also available for review at the following public libraries:
New Jersey State Library
PO Box 520, 185 West State Street
Trenton, NJ 08625-0520
Newark Public Library
5 Washington Street
Newark, NJ 07101
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 31 - TOXIC CATASTROPHE PREVENTION ACT PROGRAM › Subchapter 1 - GENERAL PROVISIONS › Section 7:31-1.9 - Prohibitions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) No owner or operator of a covered process shall handle, use, manufacture, generate or store an EHS, except in a manner which complies with the TCPA, this chapter, and the approved risk management program.
(b) No owner or operator of a facility for which there is no previously approved risk management program shall construct a new covered process or utilize an existing process for a new EHS service unless the owner or operator has complied with N.J.A.C. 7:31-3.4 (Program 2) or 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 7:31-4.11.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 31 - TOXIC CATASTROPHE PREVENTION ACT PROGRAM › Subchapter 1 - GENERAL PROVISIONS › Section 7:31-1.10 - Prevention of catastrophic accidents

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department may take such actions as it deems necessary in order to protect human health from an EHS release. Such actions may include, but shall not be limited to, issuing such orders as may be necessary to protect the health of persons who may be subject to such a release.
(b) The Department may include in the orders, at its discretion, the following:
1. A requirement that the owner or operator immediately submit a risk management program to the Department for review;
2. A requirement that the owner or operator perform a safety review, hazard analysis or risk assessment;
3. A requirement that the owner or operator immediately take risk reduction actions or implement a risk reduction plan;
4. A requirement that the owner or operator cease operating until the identified risk or risks have been abated; or
5. Any other requirement the Department determines is necessary to carry out the purposes of the TCPA or this chapter.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 31 - TOXIC CATASTROPHE PREVENTION ACT PROGRAM › Subchapter 1 - GENERAL PROVISIONS › Section 7:31-1.11A - Fees

Current through Register Vol. 56, No. 14, July 15, 2024
(a) After June 21, 1999, each owner or operator of a stationary source subject to this chapter shall pay an annual fee to the Department. The annual fee shall be computed in accordance with (b), (c) and (i) through (m) below, and billed and remitted in accordance with (f) through (h) below.
(b) The Department shall assess annual fees that include a base fee, a covered process derived fee, and an inventory derived fee. The base fee unit rate, covered process derived fee unit rate, and inventory derived fee unit rate shall be calculated using the data from the TCPA database as of October 1 of the current year.
(c) The Department shall annually determine during the month of October the base fee and the covered process fee and the inventory derived fee unit rates, taking the following steps:
1. Establish the spending plan by projecting the amount of money required to fund the TCPA program during the fiscal year in which owners or operators shall be charged fees based on the following data:
i. The cost of Department staff in all positions of the TCPA program for which fees are charged for the current fiscal year;
ii. The cost of fringe benefits for those staff members identified at (c)1i above, calculated as a percentage of their salaries, which percentage is set by the New Jersey Department of the Treasury based upon costs associated with pensions, health benefits, workers' compensation, disability benefits, unused sick leave, and the employer's share of FICA;
iii. Indirect costs attributable to those staff members identified at (c)1i above. "Indirect costs" means costs incurred for a common or joint purpose, benefiting more than one cost objective, and not readily assignable to the cost objective specifically benefited without effort disproportionate to the results achieved. Indirect costs shall be calculated at the rate negotiated annually between the Department and the United States Environmental Protection Agency, multiplied by the total of salaries and fringe benefits;
iv. The estimated TCPA program operating expenses; and
v. The budgeted annual cost of legal services rendered by the Department of Law and Public Safety, Division of Law, in connection with the TCPA program;
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 31 - TOXIC CATASTROPHE PREVENTION ACT PROGRAM › Subchapter 1 - GENERAL PROVISIONS › Section 7:31-1.12 - Release of information by insurance carriers

Current through Register Vol. 56, No. 14, July 15, 2024
(a) After a review of documents and a stationary source inspection, the Department may determine that an owner or operator shall authorize its environmental liability or worker's compensation insurance carrier to supply certain information to the Department.
(b) The determination will be based on a finding that the insurance information is necessary for the Department to evaluate effectively the owner or operator's EHS management practices.
(c) The information to be supplied to the Department by the insurance carrier shall include, but not be limited to:
1. Reports of inspections for compliance with mandated codes or standards;
2. Reports of safety and environmental inspections or audits;
3. Reports of inspections of fire protection equipment;
4. Reports of any additional studies conducted which evaluated the adequacy of the owner or operator's management of EHSs; and
5. The reports requested in (c)1 through 4 above shall include a summary of any deficiencies found and any recommended remedial actions.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 31 - TOXIC CATASTROPHE PREVENTION ACT PROGRAM › Subchapter 2 - HAZARD ASSESSMENT › Section 7:31-2.1 - Incorporation by reference

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This subchapter incorporates by reference 40 CFR Part 68 Subpart B, including all future amendments and supplements, except as provided in (b) below.
(b) The following provision of 40 CFR 68 Subpart B is not incorporated by reference: 40 CFR 68.25(a)(1).
(c) The following provisions of 40 CFR 68 Subpart B are incorporated by reference with the specified changes:
1.
										40 CFR 68.20, in the first sentence, delete the word "part" and replace with "chapter."
2.
										40 CFR 68.22(a)(1), after "in Appendix A of this part." add, "Toxic endpoints for Table I, Part A toxic substances not listed in Appendix A shall be determined in accordance with the criteria used by EPA in developing 40 CFR Part 68 Appendix A."
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 31 - TOXIC CATASTROPHE PREVENTION ACT PROGRAM › Subchapter 2 - HAZARD ASSESSMENT › Section 7:31-2.2 - Reactive hazard substance (RHS) hazard assessment

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The owner or operator of a covered process in which an RHS or RHS mixture is used, handled, stored or generated shall perform and document a hazard assessment for the RHS in accordance with 40 CFR 68 Subpart B as incorporated by reference with changes at 7:31-2.1(c)1  and 2 and this section. As part of this hazard assessment:
1. The owner or operator shall consider the explosive/flammability hazard of the RHS.
2. For stationary sources that have multiple RHSs or RHS mixtures in covered process(es), the owner or operator shall report in the RMP the one worst-case release scenario that is estimated to create the greatest distance in any direction to the endpoint. The owner or operator shall report in the RMP additional worst-case release scenarios if a worst-case release from another covered process at the stationary source potentially affects public receptors different from those potentially affected by the worst-case scenario with the greatest endpoint distance.
3. The owner or operator shall identify, analyze, and report at least one alternative release scenario to represent all RHSs or RHS mixtures held in covered processes.
4. The owner or operator shall report in the RMP the RHS hazard assessment results in the RMP Offsite Consequence Analysis sections for flammable substances.
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 7:31-4.2 - Process hazard analysis with risk assessment for specific pieces of EHS equipment or operating alternatives

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The provisions of this section apply in addition to those in 40 CFR 68.67 with changes specified at 7:31-4.1(c)5  through 7.
(b) The owner or operator of a covered process shall perform a process hazard analysis with risk assessment which shall include the following:
1. Identification of EHS equipment subject to the assessment, the points of possible EHS release, the corresponding approximate quantity of an instantaneous EHS release or the rate(s) and duration of a continuing EHS release, either steady or non-steady state, and the corresponding cause of the EHS release. Estimates of the quantity or rate and duration of a release shall be based on actual release mechanisms and shall reflect the operating procedures, safeguards, and mitigation equipment and procedures, planned for new or modified covered processes, or in place for existing covered processes.
2. Consideration of toxicity, flammability, explosion and reactivity hazards applicable to the EHS; however, consideration of toxicity shall be required only for those EHSs which appear in 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; and
3. Identification of all scenarios of toxic, flammable, and reactive hazards that have a potential offsite impact for the endpoint criteria at (b)3iii below using a consequence analysis, consisting of dispersion analysis, thermal analysis and overpressure analysis, as applicable to the EHS and scenario. The following parameters shall be used for the consequence analysis:
i. 1.5 meters per second wind speed measured at 10 meters height and F atmospheric stability class;
ii. All parameters listed for alternative scenarios at 40 CFR 68.22(c) through (g); and
iii. As applicable to the scenario being analyzed, the endpoint criteria of five times the toxicity endpoint as designated at 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 7:31-2.1(c)2, the value of the ATC may be used for toxic release scenarios.