Current through Register Vol. 56, No. 24, December 18, 2024
(a)
EHSs meeting any of the following criteria are exempt from chemical inventory
reporting on the Community Right to Know Survey:
1. EHSs present at a facility in quantities
that do not meet or exceed the thresholds for reporting found at
N.J.A.C.
7:1G-3.1(b);
2. EHSs located within a research and
development laboratory as defined in
N.J.A.C.
7:1G-1.2 and used for R & D activities
are exempt from reporting on the Community Right to Know Survey provided the
employer has obtained a research and development laboratory exemption from the
Department, which may be obtained in accordance with the following procedure:
i. The employer shall submit to the
Department for evaluation and approval a completed research and development
laboratory exemption application, on forms approved by the Department,
containing the following information:
(1) The
facility name, location and New Jersey Employer Identification
Number;
(2) An 8 1/2 x 11 inch map
of the facility indicating the designated research and development area(s) of
the facility. The map should indicate if R & D activities are limited to
specific locations within the facility or if the entire facility is dedicated
to R & D activities;
(3) The
percentage of total work hours devoted to R & D activities in the
designated area;
(4) Written
verification from the local fire department that an acceptable communications
program has been established with them to assist in responding to emergencies
at the research and development laboratory;
(5) A description of the technical
qualifications of each supervisor of the R & D laboratory area(s) or a
certification by the supervisor of the research and development laboratory
operations at the facility that each research and development laboratory is
under the direct supervision of a technically qualified person; and
(6) A signed certification that the
information contained in the R & D laboratory exemption application is
true, accurate and complete;
ii. An employer with an approved research and
development laboratory exemption from the Department will not be required to
reapply for the exemption under this chapter.
iii. An approved research and development
laboratory exemption may be reviewed by the Department from time to time to
ascertain continued eligibility for the exemption. The Department may require
clarifying information pursuant to
N.J.A.C.
7:1G-5.2 or inspect the R & D laboratory
pursuant to
N.J.A.C.
7:1G-1.5 for this purpose. The Department may
rescind an approved R & D laboratory exemption if the employer is found not
in compliance with the conditions stated on the R & D laboratory exemption
approval letter issued by the Department.
3. EHSs which are an integral part of a
facility structure or furnishings;
4. EHSs which are the personal property and
are for the personal use of an employee are not required to be reported on the
Community Right to Know Survey; or
5. Ammunition when on the person of security
personnel.
6. EHS's except those
listed as unusually hazardous substances, that are present as a solid in any
manufactured item which has been formed to a specific shape or design during
manufacture to the extent that exposure to the EHS does not occur under normal
conditions of use.
(b)
The exemption from reporting at (a) above does not apply to container labeling
pursuant to N.J.A.C. 8:59.
(c) An
employer exempt from chemical inventory reporting in accordance with (a) above
shall complete and return the first page of the Community Right to Know Survey
indicating that an exemption from reporting is being claimed.
(d) An employer exempt from chemical
inventory reporting in accordance with (a)1 and 2 above is subject to the Right
to Know fee assessment pursuant to
N.J.S.A. 34:5A-26.
(e) An employer having no EHSs at any
facility is exempt from the annual Right to Know fee assessment.
(f) An employer engaged only in
administrative office activities is exempt from the annual Right to Know fee
assessment and the requirement to annually transmit the Community Right to Know
Survey after initial notification to the Department indicating such status is
made.
(g) An employer having an
unstaffed site is exempt from submitting the Community Right to Know Survey for
that site, unless the unstaffed site is a facility subject to Section 312 of
Emergency Planning and Community Right-to-Know Act (EPCRA), (42 U.S.C. §
11022) and after initial notification to the
Department indicating such status is made.
(h) An employer is exempt from submitting the
Community Right to Know Survey for any facility at which no EHSs are present or
at which EHSs are present in quantities that do not meet or exceed the
thresholds for reporting found at
N.J.A.C.
7:1G-3.1(b), after initial
notification to the Department indicating such status is made.
(i) An employer shall notify the Department
when there is any change in the circumstances that gave rise to the exemption
claimed under this section.
