New Jersey Administrative Code
Title 7 - ENVIRONMENTAL PROTECTION
Chapter 31 - TOXIC CATASTROPHE PREVENTION ACT PROGRAM
Subchapter 4 - MINIMUM REQUIREMENTS FOR A PROGRAM 3 TCPA RISK MANAGEMENT PROGRAM
Section 7:31-4.1 - Incorporation by reference

1. 40 CFR 68.65(c)(1)(i), before "process flow diagram" delete "block flow diagram or simplified."

2. 40 CFR 68.65(d)(1) i, at the beginning, add the words "Equipment specifications including" before the existing words "Materials of construction";

3. 40 CFR 68.65(d)(1), at the end, add the following:

4. 40 CFR 68.65(d)(2), after "good engineering" add "and operating".

5. 40 CFR 68.67, Process hazard analysis, in the heading, after "Process hazard analysis" add "with risk assessment for specific pieces of EHS equipment or operating procedures."

6. 40 CFR 68.67(a), add the following:

7. 40 CFR 68.67(f), add the following:

8. 40 CFR 68.69, Operating procedures, in the heading, add "Standard" before "operating procedures." Also, at 40 CFR 68.69(a), Operating Procedures, at the end of the sentence, replace "the following elements" with "the elements listed at 1-4 below." Add, after the first sentence, "Operating procedures shall be written in English in a manner that the EHS operators of the process can understand. If the EHS operators do not understand English, the operating procedures shall be written in the language that the operators can understand."

9. 40 CFR 68.71, Training, in the heading, add "EHS operator" before "training."

10.40 CFR 73, Mechanical integrity, in the heading, add "/preventive maintenance" after "Mechanical integrity."

11. 40 CFR 68.73(a)(6), at the end, add the following:

12. 40 CFR 68.75(b)(2), at the end, add the words "and preventive maintenance procedures."

13. 40 CFR 68.79(a), Compliance audits, delete "every three years" and replace with "every year." Add, at the end of the sentence, "Also, the owner or operator shall verify that the process technology and equipment, as built and operated, are in accordance with the process safety information prepared pursuant to 40 CFR 68.65(c) and (d) as incorporated with changes at 7:31-4.1(c)1 through 4."

14. 40 CFR 68.79(c), add, "The compliance audit report shall also include the scope, audit techniques, methods used and the names of the audit participants."

15. 40 CFR 68.81, Incident investigation, in the heading and in (b), (c), (d)(1), (d)(3), (d)(4), (e), (f) and (g), delete the word "incident" and replace it with the words "EHS accident or potential catastrophic event."

16. 40 CFR 68.81(a), delete the phrase " incident which resulted in, or could reasonably have resulted in, a catastrophic release of a regulated substance" and replace it with "EHS accident or potential catastrophic event."

17. 40 CFR 68.81(d)(1), after the word "date" add ", time, and location."

18. 40 CFR 68.81(d)(3), after the word "incident," which is being replaced by the words "EHS accident and potential catastrophic event," (see (c)15 above) add, "in chronological order providing all the relevant facts. Include the identity, amount and duration of the EHS release if these facts can be reasonably determined based on the information obtained through the investigation. Also, identify the consequences, if any, of the EHS accident or potential catastrophic event including the number of evacuees, injured, and fatalities, and the impact on the community."

19. 40 CFR 68.81(d)(4), after the word "incident," which is being replaced by the words "EHS accident or potential catastrophic event," (see (c)15 above) add, "that includes an identification of basic and contributory causes, either direct or indirect."

20. 40 CFR 68.81(d)(5), after the word "investigation," add "to prevent a recurrence."

21. 40 CFR 68.81(d)(5), at the end, add the following:

22. 40 CFR 68.83, Employee participation, at (b) and (c), after the phrase "process hazard analyses" add "with risk assessments."

23. 40 CFR 68.79(d), Compliance Audits, at the end, add the sentence, "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."

24. 40 CFR 68.65(b)(4), after "Reactivity data," add "applicable to the process in which an EHS is being used, handled, stored or generated that includes the following:

25. 40 CFR 68.65(b)(6), after "Thermal and chemical stability data," add "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;"

26. 40 CFR 68.65(b)(7), after "Hazardous effects of inadvertent mixing of different materials that could foreseeably occur," add "which includes the explosive/flammable effects and information showing the identity of toxic or flammable EHSs capable of being generated for individual RHSs listed at 7:31-6.3(a) Table I, Part D, Group I due to inadvertent mixing with incompatible substances, decomposition, and self-reaction."

27. 40 CFR 68.73(b), at the end, add "The owner or operator shall establish and implement a written procedure to periodically review, document, and approve delays in conducting preventive maintenance of EHS equipment."

28. 40 CFR 68.73(e), at the end, add "Timely shall mean as soon as feasibly possible but in no case shall exceed 3 months without providing a written justification including an explanation of the necessary measures taken to ensure safe operation."

29. 40 CFR 68.87(c), before "Contract owner or operator responsibilities." add "Owner or operator's oversight of". After "Contract owner or operator responsibilities." add "The owner or operator shall require the contract owner or operator to complete the following prior to a contract owner or operator performing work at a covered process:".