N.J. Admin. Code § 7:31-1.1

Current through Register Vol. 56, No. 11, June 3, 2024

Section 7:31-1.1 - Incorporation by reference

(a) This subchapter incorporates by reference 40 CFR 68 Subpart A, including all future amendments and supplements except as provided 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."

2.40 CFR 68.3, Definitions:

i. At the definition of "covered process," delete "a regulated substance present in more than a threshold quantity as determined under § 68.115" and replace with "an EHS present as determined under 7:31-6.3. A petroleum refining process unit having an EHS present is considered a single covered process."

ii. At the end of the definition of "petroleum refining process unit," add "Each petroleum refining process unit having an EHS present is a single covered process."

iii. Replace the definition of "threshold quantity" with "Threshold quantity means the quantity specified for EHSs pursuant to N.J.A.C. 7:31-6."

iv. At the definition of "regulated substance," delete "any substance listed pursuant to section 112(r)(3) of the Clean Air Act as amended, in § 68.130.", and replace with, "an EHS listed in Table I, Parts A, B, C, or D of 7:31-6.3(a) and (c)."

v. Replace the definition of "owner or operator" with "Owner or operator means any person who owns, leases, operates, controls, or supervises a facility (stationary source)."

3.40 CFR 68.10, Applicability:

i. At 40 CFR 68.10(a), delete the introductory paragraph, and replace with, "An owner or operator of a facility (stationary source) that uses, manufactures, stores or has the capability of producing at least the threshold quantity of an EHS as determined under N.J.A.C. 7:31-6 shall comply with the requirements of this Chapter. Determination of whether a threshold quantity is present at the facility shall be made using the sum of the EHS inventory of all covered processes at the facility. The EHS inventory of a covered process shall be the greatest of the instantaneous static inventory of the EHS contained and stored, the hourly generation rate of the EHS, or the amount of the EHS that can be released in one hour from any EHS equipment within a covered process. The owner or operator shall comply no later than the latest of the following dates:". At 40 CFR 68.10(a)(3), delete the phrase, "above a threshold quantity in a process" and replace with "at or above a threshold quantity at the facility."

ii. At 40 CFR 68.10(a)1, delete June 21, 1999 and add the following, "the schedule set forth in 7:31-7.5."

iii. After 40 CFR 68.10(a)(1)-(3), add another item, "For new covered processes, in accordance with the requirements at 7:31-4.11."

iv. Replace 40 CFR 68.10(c) with, "A covered process is subject to Program 2 requirements if it does not meet Program 3 requirements. However, any covered process that is subject to Program 2 requirements shall, on or after March 16, 2010, be subject to only Program 3 requirements.

v. At 40 CFR 68.10(d), delete the phrase "if the process does not meet the requirements of paragraph (b) of this section", delete the phrase "and if either of the following conditions is met" and delete 40 CFR 68.10(d)(1) and (2).

4.40 CFR 68.12, General requirements:

i. At 40 CFR 68.12(a), delete the word "part" and replace with "chapter," and add "with changes specified at 7:31-7.1(c)1 and 2" after "68.150" and add "(b)" after " 40 CFR 68.185.".

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

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

(1) At 40 CFR 68.12(d), after "§ 68.10(d)" add "with changes specified at 7:31-1.1(c)3 v."

(2) At 40 CFR 68.12(d)(1), add "with changes specified at 7:31-1.1(c)5 " after "§ 68.15."

(3) At 40 CFR 68.12(d)2, delete the semicolon at the end of the sentence and add ", with changes specified at 7:31-2.1(c)1 and 2."

(4) At 40 CFR 68.12(d)(3), delete the semicolon and add "with changes specified at 7:31-4.1(c)1 -24 and 7:31-4.2 through 4.12."

(5) At 40 CFR 68.12(d)(4), insert "with changes specified at 7:31-5.1(c)1 -4 and 7:31-5.2 " after "of this part;".

5. At 40 CFR 68.15, Management, add the text as indicated in (c)5i and ii below and delete the text as indicated in (c)5iii and iv below:

i. The management system shall include a documentation plan which shall: (1) provide a list identifying all documentation required by this chapter including the document title, identification number, and storage location; and (2) describe how the owner or operator of a covered process will store, maintain and update all documentation required by this chapter.

ii. The management system shall provide a means of tracking and recording the EHS inventory at the facility against the Risk Management Plan registration quantity to ensure that the EHS registration quantity of each registered covered process is not exceeded.

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

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

N.J. Admin. Code § 7:31-1.1

Repeal and New Rule, R.1998 d.355, effective 7/20/1998.
See: 30 N.J.R. 908(a), 30 N.J.R. 2728(a).
Section was "Scope and applicability".
Amended by R.2003 d.335, effective 8/4/2003.
See: 35 N.J.R. 935(a), 35 N.J.R. 3618(b).
In (c), substituted "Table I, Parts A, B, C, or D of N.J.A.C. 7:31-6.3(a) and (c)" for "Table I, Parts A, B, and C of N.J.A.C. 7:31-6.3" in 2iv, rewrote 3ii, inserted "and N.J.A.C. 7:31-2.2" in 4ii(3), and amended the N.J.A.C. references in 4ii(4) and 4iii(4).
Amended by R.2009 d.85, effective 3/16/2009.
See: 40 N.J.R. 5109(a), 41 N.J.R. 1206(b).
In (b), inserted "and (e)" and "and (c)"; in (c)2i, substituted "present" for "inventory that meets or exceeds the threshold quantity", and inserted the last sentence; rewrote (c)2ii and (c)2iii; added (c)2v; rewrote (c)3i, (c)3ii, (c)3iii and (c)3iv; in (c)3v, substituted " ', delete the phrase 'and if either of the following conditions is met' and delete 40 CFR 68.10(d)(1) and (2)" for "and", operative March 16, 2010; rewrote (c)4ii, operative March 16, 2010; and rewrote (c)5.