N.J. Admin. Code § 7:31-6.2

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

Section 7:31-6.2 - Threshold quantity determination

(a) If an EHS is listed as a toxic substance in N.J.A.C. 7:31-6.3(a) Table I, Part A and Part B, the lower threshold quantity shall apply as the threshold quantity throughout this chapter.

(b) If an EHS is listed in N.J.A.C. 7:31-6.3(a) as a toxic substance in Table I, Part A or B and as a flammable substance in Part C, the lower threshold quantity shall apply as the threshold quantity throughout this chapter.

(c) If a toxic EHS listed in N.J.A.C. 7:31-6.3(a) Table I, Part A is present in a mixture at a concentration which is lower than the acute toxicity concentration (ATC), the amount of the EHS in the mixture shall not be considered in determining if the threshold quantity is present at a facility.

(d) For mixtures of EHS listed in N.J.A.C. 7:31-6.3(a) Table I, Parts A or D, Group I, for which no concentration is specified, the threshold quantity shall be calculated using the weight percent of EHS contained in the mixture. When the weight of the total mixture times the weight percent is equal to or greater than the threshold quantity for that EHS, the owner or operator must comply with this chapter.

1. For EHSs in Table I, Part A listed with a concentration in weight percent, the total weight of the solution shall be used to determine whether a threshold quantity is present at a facility.

2. For EHSs in Table I, Part A listed with a concentration in volume percent, the weight of only the pure EHS shall be used to determine whether a threshold quantity is present at a facility.

(e) For a toxic EHS listed in N.J.A.C. 7:31-6.3(a) Table I, Part B, threshold quantity shall be determined in accordance with 40 CFR 68.115(b) with changes specified at N.J.A.C. 7:31-6.1(c)3 and 4.

(f) For mixtures containing toxic EHSs listed in N.J.A.C. 7:31-6.3(a) Table I, Part B, the weight of the pure EHS shall be considered in determining whether a threshold quantity is present at a facility.

(g) For intentional mixtures involving one or more functional groups listed on N.J.A.C. 7:31-6.3(a) Table I, Part D, Group II, the threshold quantity shall be based on the heat of reaction ([DELTA]H[R]) as determined in accordance with N.J.A.C. 7:31-6.3(b)1 through 6 and shall be derived from Table II at N.J.A.C. 7:31-6.3(c).

(h) For the purpose of determining whether a threshold quantity of an RHS mixture is present at a facility, the maximum capacity of the process vessel containing the RHS mixture shall be used assuming that the vessel is filled to capacity with the reactive ingredients of the RHS mixture. The maximum capacity of each individual process vessel containing an RHS mixture shall be compared to the threshold quantity to determine applicability. Administrative controls that limit the maximum quantity in the process vessel shall not be taken into account; however, if the total quantity of reactant ingredients used in the RHS mixture present at the facility is less than the amount of the vessel capacity, that total quantity may be used for threshold quantity determination.

(i) An owner or operator may request EHS equipment containing an RHS mixture that would otherwise meet the threshold quantity at (h) above to not be considered in determining if the threshold quantity is present at the facility. In the request for exemption, the owner or operator shall demonstrate to the satisfaction of the Department that there is no possibility of a runaway reaction, overpressurization, and accidental EHS release during either normal or abnormal conditions based on an evaluation, using calorimetry testing or other scientific analyses, of the reaction chemistry of the RHS mixture, and in accordance with the following:

1. The results of calorimetry testing or other scientific analyses shall be independently verified by a New Jersey licensed professional engineer or an officer or other authorized individual of a laboratory certified pursuant to N.J.A.C. 7:18 and certified by that engineer or officer or other authorized individual of the laboratory as follows: "I certify under penalty of law that I have personally examined and am familiar with the information submitted in this application and all attachments and that, based on my inquiry of those individuals immediately responsible for obtaining the information, I believe that the information is true, accurate, and complete. I further certify that the operation described herein satisfies the criteria for exemption as set forth in N.J.A.C. 7:31-6.2(i). I am aware that there are significant civil and criminal penalties for submitting false, inaccurate, or incomplete information."

2. The owner or operator shall include a certification statement specified at N.J.A.C. 7:31-8.2(c) with the request for exemption. Submittal of false information may be grounds for termination of any exemption.

3. The Department shall review the request for exemption and provide the owner or operator written notification of approval or denial of the exemption request.

N.J. Admin. Code § 7:31-6.2

Amended by R.2003 d.335, effective 8/4/2003.
See: 35 N.J.R. 935(a), 35 N.J.R. 3618(b).
In (d), inserted "or D, Group I, for which no concentration is specified," following "Table I, Parts A" in the introductory paragraph and added 1 and 2; added (g) and (h).
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) and (f), substituted "facility" for "covered process"; in (d)1 and (d)2, substituted "at a facility" for "in a process"; in (g), inserted " N.J.A.C. 7:31-6.3(a), deleted "of the intended mixture" preceding "as determined", and substituted "1 through 6" for "2iv"; rewrote (h); and added (i).