N.J. Admin. Code § 8:59-9.3

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

Section 8:59-9.3 - Modification of the Right to Know Hazardous Substance List

(a) The Department shall periodically review the Right to Know Hazardous Substance List and shall make any necessary revisions in accordance with the procedures set forth in (b) through (f) below. The Department shall revise the Right to Know Hazardous Substance List, if necessary, every three years unless the Department determines that special circumstances warrant an earlier revision.

(b) The Department shall revise the Right to Know Hazardous Substance List to reflect revisions to the following sources, which are hereby incorporated by reference, as from time to time supplemented or amended:

1. (Source #1) United States Code of Federal Regulations, Title 29 -- Labor, Subtitle B -- Regulations Relating to Labor, Chapter XVII -- Occupational Safety and Health Administration, United States Department of Labor, Part 1910-Occupational Safety and Health Standards, Subpart Z -- Toxic and Hazardous Substances;

2. (Source #2) " 2018 TLVs(R) and BEIs(R) Based on the Documentation of the Threshold Limit Values for Chemical Substances and Physical Agents and Biological Exposure Indices," American Conference of Governmental Industrial Hygienists (ACGIH), 1330 Kemper Meadow Drive, Cincinnati, OH 45240, telephone: (513) 742-2020;

3. (Source #3) United States Code of Federal Regulations, Title 49 -- Transportation, Subtitle B -- Other Regulations Relating to Transportation, Chapter I -- Pipeline and Hazardous Materials Safety Administration, Department of Transportation, Subchapter C -- Hazardous Materials Regulations, Part 172 -- Special Provisions, Hazardous Materials Communications, Emergency Response Information, Training Requirements, and Security Plans, Subpart B -- Hazardous Materials Table and Special Provisions;

4. (Source #4) "NIOSH Pocket Guide to Chemical Hazards," National Institute for Occupational Safety and Health (NIOSH), Centers for Disease Control and Prevention, United States Department of Health and Human Services, Publication No. 2005-149, September 2007, available in print, online, PDF, and mobile web application formats, at http://www.cdc.gov/niosh/npg, and from NIOSH Publications, 4676 Columbia Parkway, Cincinnati, OH 45226-1998, telephone: (800) 356-4674, telefacsimile: (513) 533-8573;

5. (Source #5) " Report on Carcinogens 2016, Fourteenth Edition," National Toxicology Program, National Institute of Environmental Health Sciences, Public Health Service, United States Department of Health and Human Services, available in print, online, and in PDF formats, at http://ntp.niehs.nih.gov/pubhealth/roc/index.html [File Link Not Available], and from Office of the Report on Carcinogens, National Toxicology Program, National Institute of Environmental Health Sciences, PO Box 12233, MD K2-14, Research Triangle Park, NC 27709, telephone: (984) 287-3155;

6. (Source #6) New Jersey Administrative Code, Title 7. Environmental Protection, Chapter 1G. Worker and Community Right to Know Regulations, Subchapter 2, Environmental Hazardous Substance List;

7. (Source #7) "Agents Classified by the IARC Monographs on the Evaluation of Carcinogenic Risks to Humans, Volumes 1-120," Groups 1, 2A, 2B, and 3 (last updated January 26, 2018), International Agency for Research on Cancer, World Health Organization, available online and in PDF format at http://monographs.iarc.fr/ENG/Classification/index.php;

8. (Source #8) Integrated Risk Information System (IRIS) Assessments, Integrated Risk Information System Division, National Center for Environmental Assessment, Office of Research and Development, United States Environmental Protection Agency, available online at http://www.epa.gov/iris;

9. (Source #14):

i. New Jersey Administrative Code, Title 7. Environmental Protection, Chapter 30. Pesticide Control Code, Subchapter 2. Pesticide Product Registration, General Requirements, Prohibited and Restricted Use Pesticides, at 7:30-2.9, Prohibited pesticides, and 2.10, Restricted use pesticides;

ii. United States Code of Federal Regulations, Title 40 -- Protection of Environment, Chapter I -- Environmental Protection Agency, Subchapter E -- Pesticide Programs, Part 152 -- Pesticide Registration and Classification Procedures, Subpart I -- Classification of Pesticides, § 152.175 Pesticides classified for restricted use;

10. (Source #15) "Fire Protection Guide to Hazardous Materials," NFPA 49 (Hazardous Chemicals Data), NFPA 325 (Guide to Fire Hazard Properties of Flammable Liquids, Gases, and Volatile Solids), and NFPA 704 (Standard System for the Identification of the Hazards of Materials for Emergency Response), National Fire Protection Association (NFPA), 2001;

11. (Source #17) "Emergency Response Guidebook: A guidebook intended for use by first responders during the initial phase of a transportation incident involving dangerous goods/hazardous materials," (2016) Pipeline and Hazardous Materials Safety Administration, United States Department of Transportation, available in print, PDF, and mobile web application formats, and online at http://www.phmsa.dot.gov/hazmat/erg/emergency-response-guidebook-erg, and from the United States Government Publishing Office, PO Box 979050, St. Louis, MO 63197-9000, telephone (866) 512-1800, http://bookstore.gpo.gov;

12. (Source #18) United States Code of Federal Regulations, Title 40, Subchapter J -- Superfund, Emergency Planning, and Community Right-To-Know Programs, Part 372 -- Toxic Chemical Release Reporting: Community Right-to-Know, Subpart D -- Specific Toxic Chemical Listings, § 372.65, Chemicals and chemical categories to which this part applies;

13. (Source #19) United States Code of Federal Regulations, Title 40, Subchapter J -- Superfund, Emergency Planning, and Community Right-To-Know Programs, Part 355 -- Emergency Planning and Notification, and Appendix A to Part 355 -- The List of Extremely Hazardous Substances and Their Threshold Planning Quantities;

14. (Source #20) United States Code of Federal Regulations, Title 40, Subchapter J -- Superfund, Emergency Planning, and Community Right-To-Know Programs, Part 302 -- Designation, Reportable Quantities, and Notification, § 302.4 Designation of hazardous substances, and Table 302.4 List of Hazardous Substances and Reportable Quantities;

15. (Source #21) United States Code of Federal Regulations, Title 40, Subchapter I -- Solid Wastes, Part 261 --Identification and Listing of Hazardous Waste, Subpart D -- Lists of Hazardous Wastes, § 261.33 Discarded commercial chemical products, off-specification species, container residues, and spill residues thereof; and

16. (Source #22) United States Code of Federal Regulations, Title 40, Subchapter C -- Air Programs, Part 68 --Chemical Accident Prevention Provisions, Subpart F -- Regulated Substances for Accidental Release Prevention, § 68.130 List of substances, and Table 1 to § 68.130 -- List of Regulated Toxic Substances and Threshold Quantities for Accidental Release Prevention, and Table 3 to § 68.130 -- List of Regulated Flammable Substances and Threshold Quantities for Accidental Release Prevention.

(c) The Department shall add to the Right to Know Hazardous Substance List any substance that it determines to pose a threat to the health or safety of any employee or emergency responder, based on documented scientific evidence.

(d) The Right to Know Advisory Council shall advise the Department of its recommendations for proposed revisions to the Right to Know Hazardous Substance List. Revisions other than those made pursuant to 8:59-9.3(b) above to the Right to Know Hazardous Substance List proposed by the Department shall be submitted to the Advisory Council for review and shall be published in the New Jersey Register as a notice of pre-proposal for a rule, pursuant to the requirements of 1:30-3.2.

(e) The Department shall consider relevant scientific information in evaluating a revision to the Right to Know Hazardous Substance List. For substances that cause health effects, this information may include, but is not limited to, short-term in vitro tests, animal toxicity tests, human epidemiological studies, clinical studies, and scientifically documented reports of symptoms or adverse health effects among employees. The Department may investigate the situation surrounding any studies or reports in order to obtain additional information regarding a revision.

1. All evidence from scientific studies shall be based on properly designed studies for endpoints indicating health effects in humans, for example, carcinogenicity, mutagenicity, neurotoxicity, organ damage and/or effects, physiologic changes.

2. For purposes of this subchapter, animal data is admissible and generally indicative of potential effects in humans. The absence of a particular category of studies shall not be used to prove the absence of risk.

3. Negative results generally indicate the absence of statistically positive results in appropriate studies. As all tests for toxicological effects have inherent insensitivities, negative results must be reevaluated in light of the limits of sensitivity of each study, its test design, and the protocol followed.

4. In evaluating different results among proper tests, as a general rule, positive results shall be given more weight than negative results for purposes of including a substance on the list. In each case, the relative sensitivity of each test shall be a factor in resolving such conflicts.

(f) The Department shall publish notices of proposed revisions to the Right to Know Hazardous Substance List that are not included in (b) above as necessary in the New Jersey Register as proposed amendments to these rules in accordance with the Administrative Procedure Act, 52:14B-1 et seq. At least 30 days shall be allowed for public comment. A public hearing shall be held, if, in the Department's determination, there is significant public interest in the proposal. Notices of revisions made pursuant to (b) above shall be published in the New Jersey Register as public notices and incorporated into the Hazardous Substance List.

(g) Employers will be notified of any revisions to the Right to Know Hazardous Substance List through the annual Right to Know survey transmittal.

N.J. Admin. Code § 8:59-9.3

Amended by 50 N.J.R. 1036(a), effective 3/19/2018