N.J. Admin. Code § 7:1G-3.2

Current through Register Vol. 56, No. 24, December 18, 2024

Section 7:1G-3.2 - Reporting exemptions

(a) EHSs meeting any of the following criteria are exempt from chemical inventory reporting on the Community Right to Know Survey:

1. EHSs present at a facility in quantities that do not meet or exceed the thresholds for reporting found at N.J.A.C. 7:1G-3.1(b);

2. EHSs located within a research and development laboratory as defined in N.J.A.C. 7:1G-1.2 and used for R & D activities are exempt from reporting on the Community Right to Know Survey provided the employer has obtained a research and development laboratory exemption from the Department, which may be obtained in accordance with the following procedure:

i. The employer shall submit to the Department for evaluation and approval a completed research and development laboratory exemption application, on forms approved by the Department, containing the following information:

(1) The facility name, location and New Jersey Employer Identification Number;

(2) An 8 1/2 x 11 inch map of the facility indicating the designated research and development area(s) of the facility. The map should indicate if R & D activities are limited to specific locations within the facility or if the entire facility is dedicated to R & D activities;

(3) The percentage of total work hours devoted to R & D activities in the designated area;

(4) Written verification from the local fire department that an acceptable communications program has been established with them to assist in responding to emergencies at the research and development laboratory;

(5) A description of the technical qualifications of each supervisor of the R & D laboratory area(s) or a certification by the supervisor of the research and development laboratory operations at the facility that each research and development laboratory is under the direct supervision of a technically qualified person; and

(6) A signed certification that the information contained in the R & D laboratory exemption application is true, accurate and complete;

ii. An employer with an approved research and development laboratory exemption from the Department will not be required to reapply for the exemption under this chapter.

iii. An approved research and development laboratory exemption may be reviewed by the Department from time to time to ascertain continued eligibility for the exemption. The Department may require clarifying information pursuant to N.J.A.C. 7:1G-5.2 or inspect the R & D laboratory pursuant to N.J.A.C. 7:1G-1.5 for this purpose. The Department may rescind an approved R & D laboratory exemption if the employer is found not in compliance with the conditions stated on the R & D laboratory exemption approval letter issued by the Department.

3. EHSs which are an integral part of a facility structure or furnishings;

4. EHSs which are the personal property and are for the personal use of an employee are not required to be reported on the Community Right to Know Survey; or

5. Ammunition when on the person of security personnel.

6. EHS's except those listed as unusually hazardous substances, that are present as a solid in any manufactured item which has been formed to a specific shape or design during manufacture to the extent that exposure to the EHS does not occur under normal conditions of use.

(b) The exemption from reporting at (a) above does not apply to container labeling pursuant to N.J.A.C. 8:59.

(c) An employer exempt from chemical inventory reporting in accordance with (a) above shall complete and return the first page of the Community Right to Know Survey indicating that an exemption from reporting is being claimed.

(d) An employer exempt from chemical inventory reporting in accordance with (a)1 and 2 above is subject to the Right to Know fee assessment pursuant to N.J.S.A. 34:5A-26.

(e) An employer having no EHSs at any facility is exempt from the annual Right to Know fee assessment.

(f) An employer engaged only in administrative office activities is exempt from the annual Right to Know fee assessment and the requirement to annually transmit the Community Right to Know Survey after initial notification to the Department indicating such status is made.

(g) An employer having an unstaffed site is exempt from submitting the Community Right to Know Survey for that site, unless the unstaffed site is a facility subject to Section 312 of Emergency Planning and Community Right-to-Know Act (EPCRA), (42 U.S.C. § 11022) and after initial notification to the Department indicating such status is made.

(h) An employer is exempt from submitting the Community Right to Know Survey for any facility at which no EHSs are present or at which EHSs are present in quantities that do not meet or exceed the thresholds for reporting found at N.J.A.C. 7:1G-3.1(b), after initial notification to the Department indicating such status is made.

(i) An employer shall notify the Department when there is any change in the circumstances that gave rise to the exemption claimed under this section.

N.J. Admin. Code § 7:1G-3.2

Amended by R.1988 d.90, effective 2/16/1988.
See: 19 New Jersey Register 703(a), 20 New Jersey Register 388(a).
Added text "(or county clerk if there is no county health department)" and "Submission of the clarifying ...".
Administrative Correction: Clarifying information mandatory within 30 days of notification.
See: 21 New Jersey Register 3482(a).
Repeal and New Rule, R.1994 d.3, effective 1/3/1994.
See: 25 New Jersey Register 1631(a), 26 New Jersey Register 200(a).
Section was "Clarification of completed Environmental Survey".
Amended by R.1994 d.349, effective 7/18/1994.
See: 26 New Jersey Register 123(a), 26 New Jersey Register 2930(a).
Amended by R.2005 d.27, effective 1/18/2005.
See: 36 New Jersey Register 3376(a), 37 New Jersey Register 275(a).
Rewrote (e); added (g) through (i).