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Mark V, Inc. |
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This is the Draft of the proposed changes by the NJ DEP with my recommendations incorporated.
New Jersey Department of Environmental Protection Bureau of Chemical Release Information and Prevention
Proposed Rule Changes N.J.A.C. 7:31 Consolidated Rule Document
October 31, 2002
Explanation of fonts
This document gives a combination of the text from two rules: the adopted N.J.A.C. 7:31, and the federal 40 CFR 68. Various fonts are used to determine from which document the text originates: 1. The adopted N.J.A.C. 7:31 is shown in standard font thus. 2. Text of 40 CFR 68 is shown in italics thus.
3. Deletions to 40 CFR 68 from the June 1998 TCPA rule are shown in italics
with strikeout 4. New Jersey June 1998 additions to the federal text are shown in underlined standard font thus. 5. 2003 proposed additions are highlighted and underlined thus.
6. 2003 proposed deletions are highlighted with strikeout
[c:\2003 rule readoption\conrule_changes_draft_rev5] Table of Contents
SUBCHAPTER 1. GENERAL PROVISIONS Page
7:31-1.5 State definitions .......................................................................................... 4 7:31‑1.11A Fees (Effective on June 21, 1999) ............................................................... 6
SUBCHAPTER 2. HAZARD ASSESSMENT
7:31-2.2 RHS Hazard Assessment ........................................................................…. 9
SUBCHAPTER 3. MINIMUM REQUIREMENTS FOR A PROGRAM 2 TCPA RISK MANAGEMENT PROGRAM
§68.48 Safety Information. ................................................................................... 10 §68.50 Hazard review. .......................................................................................... 10 §68.52 Standard Operating procedures. ................................................................. 11 §68.58 Compliance audits. .................................................................................... 12 7:31‑3.3 Triennial reports ........................................................................................ 12 7:31‑3.5 Hazard review report…………………………………………………….... 13
SUBCHAPTER 4. MINIMUM REQUIREMENTS FOR A PROGRAM 3 TCPA RISK MANAGEMENT PROGRAM
§68.65 Process safety Information. ....................................................................... 14 7:31-4.2 Process hazard analysis with risk assessment for specific pieces ............... 15 of EHS equipment or operating alternatives 7:31-4.3 Standard operating procedures ................................................................... 18 7:31‑4.5 Mechanical integrity/preventive maintenance program ............................. 19 7:31‑4.6 Management of change .............................................................................. 19 §68.79 Compliance audits. .................................................................................... 20 7:31‑4.9 Annual reports ........................................................................................... 20
SUBCHAPTER 5. EMERGENCY RESPONSE
7:31-5.2 Emergency response program ..................................................................... 22
SUBCHAPTER 6. EXTRAORDINARILY HAZARDOUS SUBSTANCES
7:31-6.2 Threshold quantity determination ............................................................... 24 7:31-6.3 Extraordinarily hazardous substance list .................................................... 25
SUBCHAPTER 7. RISK MANAGEMENT PLAN AND TCPA PROGRAM SUBMISSION
§68.150 Submission. ................................................................................................. 36 §68.190 Updates. …................................................................................................. 36 7:31-7.2 TCPA Risk Management Plan submission and updates ............................. 37 7:31-7.5 Schedule for risk management program implementation ........................... 38
SUBCHAPTER 8. OTHER FEDERAL REQUIREMENTS
§68.200 Recordkeeping. ............................................................................................ 39 §68.220 Audits. ......................................................................................................... 39
SUBCHAPTER 11. CIVIL ADMINISTRATIVE PENALTIES AND REQUESTS FOR ADJUDICATORY HEARINGS
7:31‑11.4 Civil administrative penalty determination ................................................. 40
SUBCHAPTER 1. GENERAL PROVISIONS
§68.3 Definitions.
For the purposes of this Part:
Regulated substance is
Additional New Jersey Definitions 7:31-1.5 State definitions
(a) The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise:
“Reactive Hazard Substance” or “RHS” means an EHS that is a substance, or mixture of substances, which individually or when combined, is capable of undergoing chemical transformations producing energy and causing an extraordinarily hazardous accident risk. RHSs are identified at N.J.A.C. 7:31-6.3(a), Table I, Part D, Group I and II.
“Reactive Hazard Substance (RHS) Mixture” means a chemical substance or combination of EHSs that is intentionally mixed in a process vessel and is capable of undergoing a chemical reaction producing toxic or flammable EHSs or energy and causing an accident.
“Industrial complex” means the overall property of at least two contiguous TCPA regulated stationary sources which meet the following criteria: (1) hazard review, process hazard analyses with risk assessment and accident or potential catastrophe event investigation reports are shared and acknowledged by the qualified person or the assigned designee of all stationary sources; (2) employees of the individual sources have access to these reports and all information required to be developed under this rule; (3) the owners or operators have implemented security measures to restrict uncontrolled public access to the property; and (4) there is a previous history of ownership of the complex by one company.
“Inherently safer technology” means the design of a new covered process to minimize or eliminate the hazard of EHS accident risk by utilizing techniques that include, but are not limited to, the following: reducing the amount of EHS material that potentially may be released; substituting less hazardous materials, using EHSs in the least hazardous process conditions or form; and designing equipment and processes to minimize that potential for equipment failure and human error.
"Material deficiency" means
"Risk management program" means the
sum total of programs for the purpose of minimizing extraordinarily hazardous
accident risks, including, but not limited to, requirements for safety review of
design for new and existing equipment, requirements for standard operating
procedures, requirements for preventive maintenance programs, requirements for
operator training and accident investigation procedures, requirements for risk
assessment for specific pieces of equipment or operating alternatives,
requirements for emergency response planning,
“State of the art” means current technology that, when applied to an owner or operator’s EHS equipment and procedures, will result in a significant reduction of risk. The technology represents an advancement in reduction of risk and shall have been demonstrated at a similar referenced facility to be reliable in commercial operation or in a pilot operation on a scale large enough to be translated into commercial operation. The technology shall be in the public domain or otherwise available at reasonable cost commensurate with the reduction of risk achieved.
§68.10 Applicability.
(a) An owner or operator of a stationary source that has
(1)
For covered processes with EHSs listed in N.J.A.C. 7:31-6.3 Table 1 Part A,
B, or C, the obligation to comply with this chapter begins on the
operative date of these rules, June 18,
§68.12 General requirements.
(c) Program 2 requirements. In addition to meeting the requirements of paragraph (a) of this section, the owner or operator of a stationary source with a process subject to Program 2, as provided in § 68.10(c) with changes specified at N.J.A.C. 7:31-1.1(c)3iv, shall: (1) Develop and implement a management system as provided in § 68.15 with changes specified at N.J.A.C. 7:31-1.1(c)5; (2) Conduct a hazard assessment as provided in § 68.20 through 68.42 , with changes specified at N.J.A.C. 7:31-2.1(c)1 and 2 and N.J.A.C. 7:31-2.2.
(3) Implement the Program 2 prevention steps provided in § 68.48 through
68.60 with changes specified at N.J.A.C. 7:31-3.1(c)1-
(4) Develop and implement an emergency response program as provided in §
68.90 to 68.95 with changes specified at N.J.A.C. 7:31-5.1(c)1- (5) Submit as part of the RMP the data on prevention program elements for Program 2 processes as provided in § 68.170. (d) Program 3 requirements. In addition to meeting the requirements of paragraph (a) of this section, the owner or operator of a stationary source with a process subject to Program 3, as provided in § 68.10(d) with changes specified at N.J.A.C. 7:31-1.1(c)3v. shall: (1) Develop and implement a management system as provided in § 68.15 with changes specified at N.J.A.C. 7:31-1.1(c)5;
(2) Conduct a hazard assessment as provided in § 68.20 through 68.42
(3) Implement the prevention requirements of § 68.65 through 68.87 (4) Develop and implement an emergency response program as provided in § 68.90 to 68.95 of this part with changes specified at N.J.A.C. 7:31-5.1(c)1-4 and N.J.A.C. 7:31-5.2; and (5) Submit as part of the RMP the data on prevention program elements for Program 3 processes as provided in § 68.175.
7:31‑1.11
(a) After June 21, 1999, each owner or operator of a stationary source subject to this chapter shall pay an annual fee to the Department. The annual fee shall be computed in accordance with (b), (c) and (i) through (m) below, and billed and remitted in accordance with (f) through (h) below.
(b) The Department shall assess annual fees that include a base fee, a covered process derived fee, and an inventory derived fee. The base fee unit rate, covered process derived fee unit rate, and inventory derived fee unit rate shall be calculated using the data from the TCPA database as of October 1 of the current year.
(c) The Department shall annually determine during the month of
1.-6. No change.
(d) An owner or operator of a new covered process with no EHSs registered who registers an extraordinarily hazardous substance with the Department shall submit the annual fee for that calendar year computed in accordance with (b), (c) and (i) through (m) below in accordance with the bill received from the Department.
(e) An owner or operator having previously registered EHSs who is registering a new covered process or increasing the EHS inventory shall submit the inventory derived fee for the incremental EHS inventory, computed in accordance with (i) below, in accordance with the bill received from the Department.
(f) The annual fees are assessed on the basis of the fiscal year and shall not be prorated or refunded.
(g) Except for the fees submitted pursuant to (d) and (e) above, the Department, during the month of January, will send each owner or operator a bill for each stationary source stating the fee for that calendar year.
1. This bill shall include the base fee and fees calculated using
inventory and covered process data from the owner or operator's
(h) The owner or operator shall pay his/her fee by check or money order, payable to "Treasurer, State of New Jersey" prior to February 28 of the year in which it is billed. Any owner or operator who has not paid the annual fee by the due date will be assessed a 25 percent late fee. The check or money order shall be submitted in accordance with the remittance information contained on the bill.
(i) For the purpose of calculating fees, "inventory" as used in this
section means the maximum quantity for each EHS reported by the owner or
operator of a covered process on the
(j)-(l) (Reserved)
(m) The annual fee for the owner or operator of a stationary source shall be the sum of the base fee and the sum of the covered process derived fee for each covered process and the sum of each EHS inventory derived fee except as provided at (o) and (p) below.
(n) (Reserved)
(o) The annual fee for an owner or operator who has temporarily discontinued use, handling, storage or generation of all EHSs at the stationary source and has signed a consent agreement or consent agreement addendum pursuant to N.J.A.C. 7:31‑4.10 (for the Program 3 covered processes) shall be 25 percent of the base fee.
(p) The annual fee for an owner or operator who
(q) Each owner or operator submitting a confidentiality claim substantiation form in accordance with N.J.A.C. 7:31‑10.5(d) shall submit a fee of $350.00 for the review of the claim at the time he or she submits the claim substantiation form. The fee shall be paid in the manner specified and be sent to the address indicated in N.J.A.C. 7:31‑1.11(h).
(r) Each owner or operator submitting a petition to withhold privileged
trade secret or security information in accordance with N.J.A.C. 7:31‑10.6 shall
submit a fee of $350.00 for the review of his or her petition at the time of
submitting the petition substantiation form. The fee shall be
(s) Any fee under this chapter that is subject to N.J.A.C. 7:1L shall be payable in installments in accordance with N.J.A.C. 7:1L.
SUBCHAPTER 2. HAZARD ASSESSMENT
7:31-2.2 RHS Hazard Assessment
(a) The owner or operator of a covered process in which a RHS is used, handled or stored shall perform and document a hazard assessment for the RHS in accordance with 40 CFR 68 Subpart B as incorporated with changes at N.J.A.C. 7:31-2.1(c)1 and 2 and N.J.A.C. 7:31-2.2. 1. The owner or operator shall consider the explosive/flammability hazard of the RHS. 2. For stationary sources that have multiple RHSs in covered process(es), the owner or operator shall report in the RMP the one worst-case scenario that is estimated to create the greatest distance in any direction to the endpoint. The owner or operator shall report in the RMP additional worst-case release scenarios if a worst-case release from another covered process at the stationary source potentially affects public receptors different from those potentially affected by the worst-case scenario with the greatest endpoint distance. 3. The owner or operator shall identify, analyze, and report at least one alternative release scenario to represent all RHSs held in covered processes. 4. The owner or operator shall report in the RMP the RHS hazard assessment results in the RMP Offsite Consequence Analysis sections for flammable substances.
(b) The owner or operator shall use the following parameters for the RHS hazard assessment: 1. Endpoint parameters: the endpoints for flammables listed at 40 CFR 68.22(a)(2); and. 2. Worst case release quantity: the greatest amount held in a single vessel, not taking into account administrative or engi[PC1]neering con[PC2]trols that limit the maximum quantity. 3. All other parameters and calculation methods specified at 40 CFR 68 Subpart B as incorporated with changes at N.J.A.C. 7:31-2.1(c)1 and 2.
SUBCHAPTER 3. MINIMUM REQUIREMENTS FOR A PROGRAM 2 TCPA RISK MANAGEMENT PROGRAM
7:31-3.1 Incorporation by reference
(a) This subchapter incorporates by reference 40 CFR 68 Subpart C, including all future amendments and supplements, except as provided below.
40 CFR 68 Subpart C‑‑Program 2 Prevention Program
§68.48 Safety information.
(a) The owner or operator shall compile and maintain the following up‑to‑date safety information related to the regulated substances, processes, and equipment: (1) Material Safety Data Sheets that meet the requirements of 29 CFR 1910.1200(g); (2) Maximum intended inventory of equipment in which the regulated substances are stored or processed; (3) Safe upper and lower temperatures, pressures, flows, and compositions; (4) Equipment specifications; and (5) Codes and standards used to design, build, and operate the process.
i.
ii. Reactivity data applicable to the process in which an EHS is being used, handled, stored or generated that includes the following: (1) Flash point (and method used), flammable limits (lower explosive limit and upper explosive limit), extinguishing media, special fire fighting procedures, and unusual fire and explosion hazards; (2) Thermal and chemical stability information: 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 or runaway reaction); (3) Thermodynamic and reaction kinetic data including: heat of reaction, temperature at which instability (reaction, decomposition, and/or polymerization) initiates, reaction rate data, and rate of vapor and gas formation[PC3]; (4) Incidental formation of byproducts that are reactive and unstable; and (5) Information showing the identity and amount of toxic or flammable EHSs capable of being generated for individual RHSs listed at N.J.A.C. 7:31-6.3(a) Table I, Part D, Group I due to inadvertent mixing with incompatible substances, decomposition, and self-reaction.
§68.50 Hazard review.
(a) The owner or operator shall conduct a review of the hazards associated with the regulated substances, process, and procedures. The review shall identify the following: (1) The hazards associated with the process and regulated substances; (2) Opportunities for equipment malfunctions or human errors that could cause an accidental release; (3) The safeguards used or needed to control the hazards or prevent equipment malfunction or human error; and (4) Any steps used or needed to detect or monitor releases. (b) The owner or operator may use checklists developed by persons or organizations knowledgeable about the process and equipment as a guide to conducting the review. For processes designed to meet industry standards or Federal or state design rules, the hazard review shall, by inspecting all equipment, determine whether the process is designed, fabricated, and operated in accordance with the applicable standards or rules. (c) The owner or operator shall document the results of the review and ensure that problems identified are resolved in a timely manner. (d) The review shall be updated at least once every five years. The owner or operator shall also conduct reviews whenever a major change in the process occurs; all issues identified in the review shall be resolved before startup of the changed process.
§68.52 Standard Operating procedures.
(a) The owner or operator shall prepare written operating procedures that provide clear instructions or steps for safely conducting activities associated with each covered process consistent with the safety information for that process. Operating procedures shall be written in English in a manner understandable by EHS operators of the process Operating procedures or instructions provided by equipment manufacturers or developed by persons or organizations knowledgeable about the process and equipment may be used as a basis for a stationary source's operating procedures. (b) The procedures shall address the following: (1) Initial startup; (2) Normal operations; (3) Temporary operations; (4) Emergency shutdown and operations; (5) Normal shutdown; (6) Startup following a normal or emergency shutdown or a major change that requires a hazard review; (7) Consequences of deviations and steps required to correct or avoid deviations; and (8) Equipment inspections. (c) The owner or operator shall ensure that the operating procedures are updated, if necessary, whenever a major change occurs and prior to startup of the changed process.
§68.58 Compliance audits.
(a) The owner or operator shall certify that they have evaluated compliance with the provisions of this subpart at least every three years to verify that the procedures and practices developed under the rule are adequate and are being followed. Also, the owner or operator shall verify that the process technology and equipment, as built and operated, are in accordance with the safety information prepared pursuant to 40 CFR 68.48(a) and (b) as incorporated with changes at N.J.A.C. 7:31-3.1(c)1. (b) The compliance audit shall be conducted by at least one person knowledgeable in the process. (c) The owner or operator shall develop a report of the audit findings. The compliance audit report shall also include the scope, audit techniques, methods used and the names of the audit participants. (d) The owner or operator shall promptly determine and document an appropriate response to each of the findings of the compliance audit and document that deficiencies have been corrected. 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. (e) The owner or operator shall retain the two (2) most recent compliance audit reports. This requirement does not apply to any compliance audit report that is more than five years old.
Additional New Jersey Requirements
7:31‑ 3.3 Triennial reports
(a) The owner or operator shall submit a triennial report to the Department reflecting the risk management program activities for the 36 month period ending on the anniversary date within 90 days of the third anniversary date, and each subsequent third anniversary date. The anniversary date shall be the date of the signing of the initial consent agreement or the date of issuance of an administrative order by the Department designating the approval of the risk management program for the stationary source. The Department shall change the anniversary date upon receipt of a written request from the owner or operator provided the anniversary date has not been changed in the preceding 24 months.
(b) The triennial report shall contain:
1. An update, if applicable, of the supplemental TCPA program information as specified in N.J.A.C. 7:31-7.2(a)2 if this supplemental information was not previously reported in a revised Risk Management Plan submittal. If there were no changes in the supplemental information since the last Risk Management Plan submittal, the owner or operator shall state this in the triennial report. ;
2. A description of significant changes to the management system. If there were no changes in the management system since the last triennial report, the owner or operator shall state this in the triennial report.;
3.
4. A summary of EHS inc[PC4]idents
that occurred during the previous three years that includes: i. The EHS involved, amount released if these facts can be reasonably determined based on the information obtained through the investigation, and the basis used to estimate the amount released. The calculations performed shall be maintained and available for inspection for a period of at least five years; ii. The date and time of the EHS accident and identification of EHS equipment involved; iii. The basic and contributory causes; and iv. A statement that there were no EHS accidents if no EHS accidents occurred since the last triennial report.
5. The compliance audit report and documentation for the previous three years ending on the anniversary date prepared pursuant to 40 CFR 68.58(c) and (d) incorporated with changes at N.J.A.C. 7:31-3.1(c)6 and 10.
7:31-3.5 Hazard Review Report
(a) The owner or operator shall prepare a hazard review report which includes: 1. Identification of the covered process; 2. The date the hazard review was performed; 3. The date of the completed hazard review report; 4. The names and affiliation of the hazard review participants; 5. Documentation of the hazards associated with the process and regulated substances; 6. Documentation of the opportunities for equipment malfunctions or human errors that could cause an accidental release; 7. Documentation of the safeguards used or needed to control the hazards or prevent equipment malfunction or human error; 8. Documentation of any steps used or needed to detect or monitor releases; and 9. Documentation on the implementation of recommended corrective actions that includes a schedule for implementations and the resolution and status for completing the corrective actions.
(b) The owner or operator shall retain all hazard review reports and documentation for the life of the covered process.
SUBCHAPTER [PC5]4. MINIMUM REQUIREMENTS FOR A PROGRAM 3 TCPA RISK MANAGEMENT PROGRAM
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 below.
40 CFR 68 Subpart D‑‑Program 3 Prevention Program
§68.65 Process safety information.
(b) Information pertaining to the hazards of the regulated substances in the process. This information shall consist of at least the following: (1) Toxicity information; (2) Permissible exposure limits; (3) Physical data; (4) Reactivity data applicable to the process in which an EHS is being used, handled, stored or generated that includes the following: i. Flash point (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 reaction rate data; and iv. Incidental formation of byproducts that are reactive and unstable. (5) Corrosivity data; (6) Thermal and chemical stability data 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); and (7) Hazardous effects of inadvertent mixing of different materials that could foreseeably occur that includes the explosive/flammable effects and information showing the identity and amount of toxic EHS capable of being generated for individual RHSs listed at N.J.A.C. 7:31-6.3(a) Table I, Part D, Group 1 due to inadvertent mixing with incompatible substances, decomposition, and self-reaction.
Note to paragraph (b): Material Safety Data Sheets meeting the requirements of 29 CFR 1910.1200(g) may be used to comply with this requirement to the extent they contain the information required by this subparagraph.
Additional New Jersey Requirements -
7:31-4.2 Process hazard analysis with risk assessment for specific pieces of EHS equipment or operating alternatives
(a) The provisions of this section apply in addition to those in 40 CFR 68.67 with changes specified at N.J.A.C. 7:31-4.1(c)5-7.
(b) The owner or operator of a covered process shall perform a process hazard analysis with risk assessment which shall include the following:
1. Identification of EHS equipment subject to the assessment, the points of possible EHS release, the corresponding approximate quantity of an instantaneous EHS release or the rate(s) and duration of a continuing EHS release, either steady or non-steady state, and the corresponding cause of the EHS release. Estimates of the quantity or rate and duration of a release shall be based on actual release mechanisms and shall reflect the operating procedures, safeguards, and mitigation equipment and procedures, planned for new or modified covered processes, or in place for existing covered processes.
2. Consideration of
3. Identification of all scenarios of toxic, flammable, and reactive hazards that have a potential offsite impact for the endpoint criteria defined at (b)3iii and iv below using a consequence analysis consisting of dispersion analysis, thermal analysis or overpressure analysis. The following parameters shall be used for the consequence analysis:
i. 1.5 meters per second wind speed and F atmospheric stability class;
ii. All parameters listed for alternative scenarios at 40 CFR 68.22(c) through (g);
iii. As applicable to the scenario
being analyzed, the endpoint criteria of ten (10) times the toxicity
endpoint as designated at N.J.A.C. 7:31-2.1(c)2.; 1750 thermal dose units
(equivalent to 17 kW/m2 for 40 seconds);
iv. As applicable to the scenario
being analyzed, the endpoint criteria of five (5) times the toxicity
endpoint as designated at N.J.A.C. 7:31-2.1(c)2.; 1200 thermal dose units
(equivalent to 15 kW/m2 for 40 seconds); or
(c) The owner or operator shall identify
1. For each release scenario that has an offsite impact of the endpoint criteria specified at N.J.A.C. 7:31-4.2(b)3iii, the owner operator shall perform an evaluation of state of the art, including alternative processes, procedures or equipment which would reduce the consequences of an EHS release;
2. For each release scenario that has an offsite impact of the endpoint criteria specified at N.J.A.C. 7:31-4.2(b)3iv, the owner or operator shall:
i. Perform[PC6] an evaluation of state of the art, including alternative processes, procedures or equipment which would reduce the likelihood [PC7]or consequences of an EHS release; or
ii. Determine and document the likelihood of release occurrence taking into consideration
A. Incident frequencies from historical analysis; B. Equipment reliability; C. Frequency modeling techniques such as Fault Tree Analysis and Event Tree Analysis; D. Common cause failures; E. Human reliability; F. External events G. The number of independent safety interlock protection layers; H. The safety integrity level of the independent safety interlock protection layers;
If likelihood of release occurrence is greater than or equal to 10-4 per year, the owner or operator shall perform an evaluation of state of the art, including alternative processes, procedures or equipment which would reduce the frequency or consequences of an EHS release. If the frequency of release occurrence is less that 10-4 per year, no further assessment is required.
3. The owner or operator shall develop a risk reduction plan for the applicable release scenarios utilizing state of the art risk reduction measures which will reduce the consequence of the release to a level at least as low as that specified in N.J.A.C. 7:31-4.2(b)3iv, and a frequency of 10-4 years or less.
(d) The following documentation from the process hazard analysis with risk assessment shall be maintained:
1. Table(s) of the process hazard analysis results giving the release point and corresponding release scenario of the potential basic (initiating) and intermediate event sequences, the corresponding estimated quantity or rate and duration of releases, and the recommended resolution action based upon 40 CFR 68.67(e);
2. Table(s) summarizing each potential offsite release scenario identified that includes:
i. Scenario identification number and brief description;
ii. The rate and duration, or quantity, of potential release;
iii. The distance to the endpoint determined in (b)3.iii. and (b)3.iv. above and the respective distance to the nearest property line; and
iv. The release
3. Information from the dispersion modeling that includes:
i. The identification of the dispersion model used;
ii. Printouts of the dispersion model inputs and outputs, if a dispersion model other than the lookup tables provided in the EPA's RMP Offsite Consequence Analysis Guidance current as of the time of modeling was used;
4. An explanation why any risk reduction measures identified in (c)
and (d)1
5. The schedule for the resolution of the risk reduction measures in the risk reduction plan and monthly status reports on the progress of the corrective actions.
(e) The owner or operator of a covered process shall prepare a report of the process hazard analysis with risk assessment. The report shall include the following:
1. An identification of the covered process that is the subject of the process hazard analysis with risk assessment; the name, position and affiliation of persons who performed the process hazard analysis with risk assessment; the date of completion; and the methodology used;
2. A description of each scenario identified in (b)3.iii. and iv. above;
3. A risk reduction plan for each scenario identified in (c) and (d)1 above.
(f) The owner or operator of a stationary source that is part of an industrial complex as defined at N.J.A.C. 7:31-1.5 shall use either the property boundary of the industrial complex or the property boundary for the individual stationary source for the purpose of identifying release scenarios with offsite impact.
(g) The owner or operator shall evaluate inherently safer technology for new covered processes in addition to performing the state of the art evaluation pursuant to N.J.A.C. 7:31-4.2(c)1, 2i, and 2ii. The owner or operator shall document recommendations from the inherently safer technology evaluation in accordance with N.J.A.C. 7:31-4.2(c), (d), and (e).
§68.69 Standard Operating procedures.
(a) The owner or operator shall develop and implement written operating
procedures that provide clear instructions for safely conducting activities
involved in each covered process consistent with the process safety information
and shall address at least
Additional New Jersey Requirements -
7:31-4.3 Standard operating procedures
(a) The provisions of this section apply in addition to those in 40 CFR 68.69, Operating procedures, with changes specified at N.J.A.C. 7:31-4.1(c)8.
(b) The standard operating procedures shall include the following:
1. A process description defining the operation and showing flows, temperatures and pressures, or a reference to a document with this information;
2. Sampling procedures addressing apparatus and specific steps involved in the taking of samples;
3. Logsheets and checklists where appropriate to the operation;
4. A statement as to the number of EHS operators required to meet safety needs for each operation with requirements for shift coverage; and
5. A requirement that an EHS operator be in attendance at the stationary source, be able to acknowledge alarms and take corrective action to prevent an accident at all times during EHS handling, use, manufacturing, storage, or generation except:
i. During chlorination of water using chlorine vapor out of a supply vessel, if the Department determines that chlorine monitoring equipment is provided with alarms reporting to a continuously attended station whose personnel are trained to take action to prevent an EHS accident and the online supply vessel total capacity is less than 2,100 pounds;
ii. During EHS storage requiring refrigeration, circulation, agitation or inert gas blanketing, if the Department determines that EHS monitoring equipment is provided with alarms reporting to a continuously attended station whose personnel are trained to take action for an appropriate response, and a risk assessment demonstrates that an EHS operator is not necessary onsite during the specified activity; or
iii. During storage not requiring refrigeration, circulation, agitation or inert gas blanketing, if the Department determines that EHS monitoring equipment is provided with alarms reporting to a continuously attended station, or a risk assessment performed pursuant to N.J.A.C. 7:31-4.2 demonstrates that an EHS operator is not necessary onsite during the specified activity.
iv. Notwithstanding any other applicable state and/or federal requirements, during mechanical refrigeration using anhydrous ammonia within a closed loop system, if the Department determines that anhydrous ammonia detection monitoring equipment is capable of automatically isolating, shutting down, and emptying EHS equipment and is provided with alarms reporting to a continuously attended station whose personnel are trained to take action to prevent an EHS accident.
6. A table of contents or a system to index each covered process's standard operating procedures covering the items of 40 CFR 68.69(a) and N.J.A.C. 7:31-4.3(b)1 through 5 above.
Additional New Jersey Requirements -
7:31‑4.5 Mechanical integrity/preventive maintenance program
(a) The provisions of this section apply in addition to those of 40 CFR 68.73 with changes specified at N.J.A.C. 7:31-4.1(c)10 and 11.
(b) The owner or operator shall implement a system for maintaining
accurate records of all inspections, breakdowns, repairs and replacements of EHS
equipment with the means of data retrieval and analysis
Additional New Jersey Requirements -
7:31‑4.6 Management of change
(a) The provisions of this section apply in addition to those in 40 CFR 68.75 with changes specified at N.J.A.C. 7:31-4.1(c)12.
(b) If any change in the covered process or procedures results in an
increase in rate, duration or quantity, or release frequency, the associated
release scenarios and changes in rate, duration
§68.79 Compliance audits.
(a) The owner or operator shall certify that they have evaluated compliance
with the provisions of this subpart at least (b) The compliance audit shall be conducted by at least one person knowledgeable in the process. (c) A report of the findings of the audit shall be developed. The compliance audit report shall also include the scope, audit techniques, methods used and the names of the audit participants. (d) The owner or operator shall promptly determine and document an appropriate response to each of the findings of the compliance audit, and document that deficiencies have been corrected. 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. (e) The owner or operator shall retain the two (2) most recent compliance audit reports.
Additional New Jersey Requirements
7:31-4.8 Emergency response
(a) Owners and operators of Program 3 covered processes are subject to
the emergency response provisions of N.J.A.C. 7:31-5
7:31‑4.9 Annual reports
(a) Each owner or operator shall submit an annual report to the Department reflecting the risk management activities for the 12 month period ending on the anniversary date within 90 days of the anniversary date. The anniversary date shall be the date of the signing of the initial consent agreement or the date of issuance of an administrative order by the Department designating the approval of the Risk Management Program for the stationary source. The Department shall change the anniversary date upon receipt of a written request from the owner or operator provided the anniversary date has not been changed in the preceding 24 months.
(b) The annual report shall contain:
1. An update, if applicable, of the supplemental TCPA program information as specified in N.J.A.C. 7:31-7.2(a)2 if this supplemental information was not previously reported in a revised Risk Management Plan submittal. If there were no changes in the supplemental information since the last Risk Management Plan submittal, the owner or operator shall state this in the annual report. ;
2. A description of significant changes to the management system. If there were no changes in the management system since the last triennial report, the owner or operator shall state this in the annual report.;
3. A process hazard analysis with risk assessment report prepared pursuant to N.J.A.C. 7:31-4.2(e) for each process hazard analysis with risk assessment completed during the previous year, if applicable. For those risk assessment reports prepared pursuant to N.J.A.C. 7:31-4.6(c), a list of the reports may be submitted instead of the reports.
4. A summary of EHS accidents that occurred during the previous year
that includes:
i. The EHS involved and amount released if these facts can be reasonably determined based on the information obtained through the investigation; ii. The date and time of the EHS accident and identification of the EHS equipment involved; iii. The basic and contributory causes; and iv. A statement that there were no EHS accidents if no EHS accidents occurred since the last triennial report.
5. The compliance audit report and documentation for the year ending on the anniversary date prepared pursuant to 40 CFR 68.79(c) and (d) with changes specified at N.J.A.C. 7:31-4.1(c)14 and 23.
SUBCHAPTER 5. EMERGENCY RESPONSE
Additional New Jersey Requirements -
7:31-5.2 Emergency response program
(a) The provisions of this section apply in addition to those of 40 CFR 68.95 with changes specified at N.J.A.C. 7:31-5.1(c)3. and 4.
(b) Each owner or operator shall develop and implement a written emergency response (ER) program which shall include:
1.
2.
i. Owners or operators of stationary sources for Program 2 covered processes whose employees will not respond to an EHS accident in accordance with 40 CFR 68.90(b) with changes specified at N.J.A.C. 7:31-5.1(c)2. shall invite at least one outside responder agency designated in the ER plan to participate in the ER exercise. Employees of the stationary source shall perform their assigned responsibilities for all ER exercises; and
ii. All other owners or operators shall perform at least one full scale ER exercise in which the ER team and ER containment, mitigation, and monitoring equipment are deployed at a strength appropriate to demonstrate the adequacy and implementation of the plan.
3. A written assessment of the ER plan and of the adequacy or need for ER equipment after each ER plan implementation or each ER exercise;
4. A description of the emergency notification system at the stationary source which shall include the following requirements for reporting EHS accidents:
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