N.J. Admin. Code § 7:31-5.1

Current through Register Vol. 56, No. 12, June 17, 2024

Section 7:31-5.1 - Incorporation by reference

(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."

N.J. Admin. Code § 7:31-5.1

Amended by R.2009 d.85, effective 3/16/2009.
See: 40 N.J.R. 5109(a), 41 N.J.R. 1206(b).
Rewrote c(1) and (c)2.