N.J. Admin. Code § 7:1G-3.1

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

Section 7:1G-3.1 - Completion of Community Right to Know Portion of the Environmental Survey

(a) An employer shall complete and submit to the Department a Community Right to Know Survey for each facility covered by the rules indicating if EHSs were present during the reporting period and whether the EHSs met or exceeded the threshold quantities for reporting listed in (b) below.

(b) A threshold of 500 pounds or the Federal SARA 302 threshold planning quantity, whichever is lower, shall apply to all EHSs present in aggregate at the facility at any one time.

These thresholds for reporting do not apply to container labeling pursuant to N.J.A.C. 8:59.

(c) For each EHS that met or exceeded the thresholds listed in (b) above, an employer shall provide all information on a Community Right to Know Survey form approved by the Department, which shall include, but is not limited to, the following:

1. The chemical name, Chemical Abstracts Service registry number, if available, and the EHS number and USDOT number, if available, of each EHS which is present at the facility in a pure state or mixture;

2. For reporting, EHSs shall be grouped according to container type and location within the facility;

3. For EHSs present in the pure state, the quantity of each, in pounds, in terms of daily maximum and average daily amount, and the hazard code for the EHS;

4. EHSs in mixtures shall be reported as follows:

i. Each EHS comprising more than one percent of a mixture (or .1 percent if the EHS is carcinogenic as defined at 29 CFR 1910.1200(d)4 of the Occupational Safety and Health Standard) shall be reported with its quantity determined by multiplying the weight percent of the EHS by the mass, in pounds, of the entire mixture.

ii. EHSs in mixtures in the following generic categories may be reported using the generic name and the quantity of the entire mixture: gasoline, new and used petroleum oil, and hazardous waste;

5. The major methods of storage, including container type, temperature, pressure conditions, and locations shall be reported including the number of days the EHS was present onsite during the calendar year at the facility; and

6. If no EHS is present in a mixture, and the mixture is subject only to reporting pursuant to the Federal requirements of Section 312 of SARA ( 40 CFR 370), a product name may be used to report the substance.

7. Quality control samples of substances that are elsewhere reported on the Community Right to Know Survey may be listed as a single entry: "samples of reported substances."

(d) An employer or owner or operator of any facility subject to Federal hazardous chemical reporting under Section 312 of SARA ( 40 CFR 370) shall submit a completed Community Right to Know Survey to the Department to satisfy these requirements.

N.J. Admin. Code § 7:1G-3.1

Repeal and New Rule, R.1994 d.3, effective 1/3/1994.
See: 25 New Jersey Register 1631(a), 26 New Jersey Register 200(a).
Section was "Completion of Environmental Survey".
Amended by R.1994 d.349, effective 7/18/1994.
See: 26 New Jersey Register 123(a), 26 New Jersey Register 2930(a).
Amended by R.1994 d.576, effective 11/21/1994.
See: 26 New Jersey Register 2833(a), 26 New Jersey Register 4606(a).
Amended by R.2005 d.27, effective 1/18/2005.
See: 36 New Jersey Register 3376(a), 37 New Jersey Register 275(a).
Rewrote (b).