N.J. Admin. Code § 7:31-4.1

Current through Register Vol. 56, No. 21, November 4, 2024

Section 7:31-4.1 - Incorporation by reference

(a) This subchapter incorporates by reference 40 CFR 68 Subpart D, 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 D are incorporated by reference with the specified changes:

1.40 CFR 68.65(c)(1)(i), before "process flow diagram" delete "block flow diagram or simplified."

2.40 CFR 68.65(d)(1) i, at the beginning, add the words "Equipment specifications including" before the existing words "Materials of construction";

3.40 CFR 68.65(d)(1), at the end, add the following:

i. Electrical one-line diagrams relevant to the covered process and its potential releases;

ii. Site plan;

iii. Firewater system piping diagrams relevant to the covered process and its potential releases;

iv. Sewer system piping diagrams relevant to the covered process and its potential releases; and

v. External forces and events data.

4.40 CFR 68.65(d)(2), after "good engineering" add "and operating".

5.40 CFR 68.67, Process hazard analysis, in the heading, after "Process hazard analysis" add "with risk assessment for specific pieces of EHS equipment or operating procedures."

6.40 CFR 68.67(a), add the following:

i. In the first and second sentences, after the phrase "process hazard analysis" add the phrase "with risk assessment."

ii. In the third sentence, after the phrase "process hazard analyses" add the phrase "with risk assessments."

iii. In the third sentence, after the word "employees" add the phrase "and offsite public."

iv. In the fourth sentence, after the phrase "process hazard analysis" add the phrase "with risk assessment."

v. In the fifth sentence, after the citation " 29 CFR 1910.119(e) " add the phrase "prior to June 21, 1999."

vi. In the fifth sentence, after the phrase "initial process hazard analyses" add the phrase "with risk assessments."

7.40 CFR 68.67(f), add the following:

i. In the first sentence, after the first and the second occurrences of the phrase "process hazard analysis" add the phrase "(with risk assessment)."

ii. In the first sentence, after the third occurrence of the phrase "process hazard analysis" add the phrase "with risk assessment."

iii. In the second sentence after " 29 CFR 1910.119(e) " add the phrase, "and the additional requirements of 7:31-4.2 ".

8.40 CFR 68.69, Operating procedures, in the heading, add "Standard" before "operating procedures." Also, at 40 CFR 68.69(a), Operating Procedures, at the end of the sentence, replace "the following elements" with "the elements listed at 1-4 below." Add, after the first sentence, "Operating procedures shall be written in English in a manner that the EHS operators of the process can understand. If the EHS operators do not understand English, the operating procedures shall be written in the language that the operators can understand."

9.40 CFR 68.71, Training, in the heading, add "EHS operator" before "training."

10.40 CFR 73, Mechanical integrity, in the heading, add "/preventive maintenance" after "Mechanical integrity."

11.40 CFR 68.73(a)(6), at the end, add the following:

i. All EHS equipment;

ii. Standby emergency equipment such as power generators, fire pumps, and lighting; and

iii. Electrical grounding systems.

12.40 CFR 68.75(b)(2), at the end, add the words "and preventive maintenance procedures."

13.40 CFR 68.79(a), Compliance audits, delete "every three years" and replace with "every year." Add, at the end of the sentence, "Also, the owner or operator shall verify that the process technology and equipment, as built and operated, are in accordance with the process safety information prepared pursuant to 40 CFR 68.65(c) and (d) as incorporated with changes at 7:31-4.1(c)1 through 4."

14.40 CFR 68.79(c), add, "The compliance audit report shall also include the scope, audit techniques, methods used and the names of the audit participants."

15.40 CFR 68.81, Incident investigation, in the heading and in (b), (c), (d)(1), (d)(3), (d)(4), (e), (f) and (g), delete the word "incident" and replace it with the words "EHS accident or potential catastrophic event."

16.40 CFR 68.81(a), delete the phrase " incident which resulted in, or could reasonably have resulted in, a catastrophic release of a regulated substance" and replace it with "EHS accident or potential catastrophic event."

17.40 CFR 68.81(d)(1), after the word "date" add ", time, and location."

18.40 CFR 68.81(d)(3), after the word "incident," which is being replaced by the words "EHS accident and potential catastrophic event," (see (c)15 above) add, "in chronological order providing all the relevant facts. Include the identity, amount and duration of the EHS release if these facts can be reasonably determined based on the information obtained through the investigation. Also, identify the consequences, if any, of the EHS accident or potential catastrophic event including the number of evacuees, injured, and fatalities, and the impact on the community."

19.40 CFR 68.81(d)(4), after the word "incident," which is being replaced by the words "EHS accident or potential catastrophic event," (see (c)15 above) add, "that includes an identification of basic and contributory causes, either direct or indirect."

20.40 CFR 68.81(d)(5), after the word "investigation," add "to prevent a recurrence."

21.40 CFR 68.81(d)(5), at the end, add the following:

i. The names and position titles of the investigators.

22.40 CFR 68.83, Employee participation, at (b) and (c), after the phrase "process hazard analyses" add "with risk assessments."

23.40 CFR 68.79(d), Compliance Audits, at the end, add the sentence, "The owner or operator shall prepare and include in the report a written schedule for the implementation of corrective actions or state that such actions have been completed."

24.40 CFR 68.65(b)(4), after "Reactivity data," add "applicable to the process in which an EHS is being used, handled, stored or generated that includes the following:

i. Flash point up to 200 degrees Fahrenheit (and method used), flammable limits (lower explosive limit and upper explosive limit), extinguishing media, special fire fighting procedures, and unusual fire and explosion hazards;

ii. Thermodynamic and reaction kinetic data including: heat of reaction, temperature at which instability (uncontrolled reaction, decomposition, and/or polymerization) initiates, and rate of energy release data at that temperature;

iii. Data regarding any incidental formation of byproducts that are reactive and unstable; and

iv. For covered RHS mixtures, detailed reactivity data including the rate of pressure rise (dP/dt), the rate of temperature rise (dT/dt), and the onset temperature at which the rate of temperature change due to uncontrolled reaction, decomposition, change in molecular structure, or polymerization exceeds 0.01 degrees Celsius per minute, all of which are corrected to a thermal inertia of 1.0.

25.40 CFR 68.65(b)(6), after "Thermal and chemical stability data," add "applicable to the process in which an EHS is being used, handled, stored, or generated: stability (unstable or stable), conditions to avoid for instability, incompatibility (materials to avoid), hazardous decomposition (products or byproducts), hazardous polymerization (may occur or will not occur), and conditions to avoid for polymerization;"

26.40 CFR 68.65(b)(7), after "Hazardous effects of inadvertent mixing of different materials that could foreseeably occur," add "which includes the explosive/flammable effects and information showing the identity of toxic or flammable EHSs capable of being generated for individual RHSs listed at 7:31-6.3(a) Table I, Part D, Group I due to inadvertent mixing with incompatible substances, decomposition, and self-reaction."

27.40 CFR 68.73(b), at the end, add "The owner or operator shall establish and implement a written procedure to periodically review, document, and approve delays in conducting preventive maintenance of EHS equipment."

28.40 CFR 68.73(e), at the end, add "Timely shall mean as soon as feasibly possible but in no case shall exceed 3 months without providing a written justification including an explanation of the necessary measures taken to ensure safe operation."

29.40 CFR 68.87(c), before "Contract owner or operator responsibilities." add "Owner or operator's oversight of". After "Contract owner or operator responsibilities." add "The owner or operator shall require the contract owner or operator to complete the following prior to a contract owner or operator performing work at a covered process:".

N.J. Admin. Code § 7:31-4.1

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), rewrote 8 and 13 and added 23 through 26.
Amended by R.2009 d.85, effective 3/16/2009.
See: 40 N.J.R. 5109(a), 41 N.J.R. 1206(b).
In (c)1, inserted "block flow diagram or"; in (c)24ii, deleted "and" from the end; in (c)24iii, substituted "; and" for a period at the end; and added (c)24iv and (c)27 through (c)29.