The following words and terms, when used in this chapter,
shall have the following meanings, unless the context clearly indicates
otherwise:
"Acute toxicity concentration" or "ATC" means a minimum
lethal concentration which is greater than the Threshold Limit Value (TLV) or
the Short Term Exposure Limit (STEL), as defined by the American Conference of
Governmental Industrial Hygienists, and equivalent to the lowest of the
following three categories: one-tenth of the median lethal concentration
(LC[LESS THAN]50[GREATER THAN]); or one times the lowest lethal concentration
(LC[LESS THAN] L0 [GREATER THAN]) of test data for any mammalian species in
test periods up to eight hours; or the Immediately Dangerous to Life and Health
(IDLH) concentration. LC[LESS THAN]50[GREATER THAN], LC[LESS THAN] L0 [GREATER
THAN], IDLH, TLV, and STEL have been defined by the U.S. Department of Health
and Human Services in the "Registry of Toxic Effects of Chemical Substance"
(RTECS) and the National Institute of Occupational Safety and Health (NIOSH)
"Pocket Guide to Chemical Hazards".
"Agent of the Department" means a person, including a
consultant or a contractor, authorized by the Department to act for it in
implementing the Act and this chapter.
"ANSI" means the American National Standards
Institute.
"Budget-expenditure variance" means the difference, either
positive or negative, between the gross expenditures and the spending plan
(budget) of the same fiscal year of the TCPA program. Where budget exceeds
expenditures, this difference is positive.
"Change" means any modification in existing EHS equipment or
procedures which are directly involved with an EHS, including additions or
deletions. Change does not include routine maintenance, which means the repair
or replacement in kind of existing EHS equipment to provide continuity of
operation, or replacement with identical equipment.
"Claimant" means any person who submits a confidentiality
claim under this chapter.
"Commissioner" means the Commissioner of the Department of
Environmental Protection or the person delegated to act on his behalf.
"Confidential copy" means a copy of any information submitted
to the Department pursuant to the Act or this chapter which contains all the
required information including any information which the claimant requests to
be treated as confidential. The confidential copy shall be labelled as such and
all confidential information contained therein shall be clearly
identified.
"Confidential information" means information required to be
submitted or disclosed to the Department pursuant to this chapter, the public
disclosure of which would competitively disadvantage the owner or operator or
compromise the security of the covered process or its operations; consisting of
non-privileged trade secret information, proprietary information and
non-privileged security information.
"Confidentiality claim" or "claim" means a written request
made by an owner or operator of a covered process pursuant to this chapter to
withhold from public disclosure certain information required to be submitted to
the Department.
"Consequence analysis" means the determination of the
potential consequence of an EHS release on the surrounding population, using
dispersion, thermal or overpressure analysis and, at a minimum, identifying
potential populations exposed to the toxic, thermal or overpressure endpoint
for each EHS.
"Department" means the New Jersey Department of Environmental
Protection.
"Dispersion analysis" means the calculation, by means of EPA
Offsite Consequence Analysis look-up tables or a model acceptable to the
Department, of the ambient concentrations of an EHS after its release, taking
into account the physical and chemical states and properties of the EHS, the
release scenario and the geographical, topographical, geological and
meteorological characteristics of the environment, which will influence the
migration, movement, dispersion, or degradation of the EHS in the
environment.
"EHS accident" means an unplanned, unforeseen or unintended
incident, situation, condition, or set of circumstances which directly or
indirectly results in an EHS release.
"EHS equipment" means that equipment within a covered process
whose failure or improper operation could directly or indirectly result in or
contribute to an EHS accident, including, but not limited to, vessels, piping,
compressors, pumps, instrumentation and electrical equipment. EHS equipment
includes fire suppression, risk mitigation, EHS release detection equipment,
and EHS shipping container handling equipment.
"EHS operator" means an employee who is directly involved
with an EHS and qualified and trained in the operations of EHS equipment or
procedures.
"EHS procedure" means a step of an operation involving an
EHS, which if conducted improperly, could directly or indirectly result in or
contribute to an EHS accident.
"EHS release" means a discharge or emission of an EHS from a
piece of EHS equipment in which it is contained, excluding discharges or
emissions occurring pursuant to and in compliance with the conditions of any
State permit or regulation.
"EHS service" means the handling, use, manufacture, storage
or generation of an EHS.
"Electrical classification" means the electrical area or
bubble classification according to the National Electrical Code (NEC) which
provides the NEC group number of the flammable or combustible substance(s)
handled, stored or used. The NEC may be obtained from the National Fire
Protection Association, 11 Tracy Drive, Avon, MA 02322.
"Electrical one-line diagram" means a diagram including
legend of the electrical power distribution system that could contribute to an
EHS release showing such items as power consumers, the chain of supply back
through starters, distribution centers, substations to the main feeder,
emergency power supply, and connections to various components. For complex
systems, the one-line diagram may be a group of drawings.
"Emergency condition" means any situation at a covered
process during which an EHS release is in progress or will occur because no
preventive measures would be effective.
"Emergency response team" means those personnel identified in
the emergency response plan that respond to an emergency at the facility which
involves an EHS. Functions for which the emergency response team shall be
responsible include activities such as alarm identification and response,
response to an EHS release, use of emergency protective equipment, rescue
procedures, evacuation procedures, medical assistance, action plans for dealing
with specific scenarios, and specifically assigned emergency response duties.
Owners or operators of a covered process may arrange with outside providers for
any portion of these functions as needed.
"Employee" means any person allowed or permitted to work by
an owner or operator of a covered process, except that independent contractors,
subcontractors, consultants and employees of affiliated companies or
corporations shall not be considered employees of the owner or operator of a
covered process.
"External forces and events" means forces of nature or
sabotage or such events as neighboring fires or explosions, neighboring EHS
releases, electric power failures, and intrusions of external transportation
vehicles such as aircraft, ships, trucks or automobiles.
"Extraordinarily hazardous accident risk" means a potential
for an EHS release which could produce a significant likelihood that persons
exposed may suffer acute health effects resulting in death or permanent
disability.
"Extraordinarily hazardous substance accident risk
assessment" or "EHSARA" means a review and safety evaluation of those
operations at a covered process which involve the generation, storage, or
handling of an extraordinarily hazardous substance.
"Extraordinarily hazardous substance" or "EHS" means any
substance or chemical on the extraordinarily hazardous substance list in Table
I in 7:31-6.3.
"Extraordinarily Hazardous Substance List" means the list of
substances and chemical compounds set forth in Table I of N.J.A.C.
7:31-6.3.
"Extraordinarily Hazardous Substance Risk Reduction Work
Plan" or "work plan" means the document developed by the Department for each
covered process at which is generated, stored, or handled an extraordinarily
hazardous substance, setting forth the scope and detail of the EHSARA to which
the covered process will be submitted.
"Facility" means the combination of all structures,
buildings, and processes that are located on a single property site or on
contiguous or adjacent property sites and that are under common control of the
same owner or operator. Facility shall not include a research and development
laboratory, which means a specially designated area used primarily for
research, development, and testing activity, and not primarily involved in the
production of goods for commercial sale, in which extraordinarily hazardous
substances are used by or under the supervision of a technically qualified
person. Facility shall include pilot plant scale operations as specified at
40 CFR
68.115(b)(5)(ii) with
changes specified at
7:31-6.1(c)4.
"Failure mode and effects analysis" or "FMEA" means a
specifically designed method to identify the conceivable ways that EHS
equipment or its components can fail and the effect of the failure on the
system with respect to an EHS release. The failure and effects are determined
in a study of updated piping and instrument diagrams that describe the covered
process taking into consideration process chemistry, standard operating
procedures, maintenance procedures, operator job descriptions, process flow
diagrams, EHS inventory tabulations, electrical one-line diagrams and other
documents. The resulting qualitative analysis is translated into a quantitative
FMEA when probabilities of the failure of components are assigned. The results
of the FMEA are reported for a unit or system of a covered process on an FMEA
table. The results entered on an FMEA table for each equipment item or
component studied are as follows: the identification number of the item, the
name of the item, entries of failure modes of the item and for each entry of
failure mode, the other equipment potentially affected with the equipment
identification number and the effect of the failure on that equipment, a
classification of the criticality ranking of the failure based on quantity or
rate of the potential EHS release, the probability of the failure and the
suggested action in terms of equipment or procedure to prevent the failure or
to mitigate the results of the failure.
"Fault tree analysis" or "FTA" means the analysis of the
logic diagram constructed from a study of the updated piping and instrument
diagrams that describe the covered process taking into consideration process
chemistry, standard operating procedures, maintenance procedures, operator job
descriptions, process flow diagrams, EHS inventory tabulations, electrical
one-line diagrams and other documents. The logic diagram will contain the
conceivable human or mechanical event sequences that could result in an EHS
accident. The logic diagram is called a fault tree and represents a qualitative
analysis of the hazards. Results of the FTA are reported for a unit or system
on a table. Entered on the table are the descriptions of the various
combinations of equipment or procedural failures that can lead to an EHS
release. The combinations are determined by solving the fault tree logic
diagram for the minimal cut sets, that is, the smallest combination of
equipment or procedural failures, which if all occur, will result in the "top
event", that is the EHS release. The table is also entered with a criticality
ranking based on the quantity or rate of the potential EHS release, a
probability for the respective failures and the suggested action in terms of
equipment or procedure to prevent the failure or to mitigate the results of the
failure. The analysis of the logic diagram includes the identification of
"minimal cut sets." When probabilities are assigned to each element of the
event sequence, a quantitative fault tree is obtained which gives the
probability or frequency of occurrence of the EHS release.
"Feasible" means capable of being successfully accomplished,
taking into account environmental, public health and safety, legal,
technological, and economic factors.
"Fire water system piping diagram" means one or more diagrams
relevant to the covered process and its potential releases showing that portion
of the site plan that includes fire water pumps and piped distribution system
showing the location of branches for fire monitors, fire hydrants, sprinklers
and deluge systems and, where available, the sizes and designation numbers of
header and subheader piping and piping specifications.
"Functional group" means a group of chemical compounds that
have similar structural and/or molecular features which impart similar physical
characteristics to the compounds in that group.
"Grace period" means the period of time afforded under
13:1D-125 et seq., commonly known
as the Grace Period Law, for a person to correct a minor violation in order to
avoid imposition of a penalty that would be otherwise applicable for such
violation.
"Hazard analysis" means a systematic identification of the
potential conditions that may result in an EHS accident.
"Hazard and operability study" or "HAZOP" means a systematic
study of updated piping and instrument diagrams that describes the covered
process taking into consideration process chemistry, standard operating
procedures, maintenance procedures, EHS operator job descriptions, process flow
diagrams, EHS inventory tabulations, electrical one-line diagrams and other
documents. The study is performed by a multidisciplinary team to identify
hazard or operability problems that would result in an EHS accident. Deviations
from the design value of key parameters (flow, temperature, composition, time,
quantity, etc.) of each segment of the covered process and its procedures are
studied using guide words (such as, more of, less of, none of, part of, more
than and other) to control the examination and evaluation. Results of the HAZOP
study shall be reported by tabulation for a unit by key equipment, such as
vessels or pipelines, and process parameter. The results are entered on the
table as follows: guide word, causes of the deviation, consequences of the
deviation in terms of a potential EHS release, the criticality based on the
quantity or rate of potential release and the suggested action in terms of
equipment or procedure to mitigate the deviation.
"Hazard unit" means the measure of inventory of an EHS
expressed as multiples of its threshold quantity, used in calculating TCPA
fees.
"Heat of reaction" or "[DELTA]" H[LESS THAN] R [GREATER
THAN]" means the change in the amount of heat energy of the substances
contained in a process vessel that occurs during a chemical reaction expressed
as calories per gram; or specifically, the energy content of the reaction
products minus the energy content of the reactants. The heat of reaction
includes heat energies such as the heat of decomposition, heat of explosion or
heat of combustion depending on the chemical reaction(s) taking place.
"Inherently safer technology" means the principles or
techniques that can be incorporated in a covered process to minimize or
eliminate the potential for an EHS release.
"Inventory" means the instantaneous static quantity of the
EHS contained and stored in a process, the hourly generation rate of the EHS in
a process, or the amount of the EHS that can be released in one hour from the
process, whichever is greatest.
"Management system" means the composite of organizational
structure, planning activities, responsibilities, practices, procedures,
processes and resources for developing, implementing, achieving, reviewing,
evaluating and maintaining the required Risk Management Program.
"Material deficiency" means an inadequacy or omission of an
owner's or operator's risk management program that reduces the effectiveness of
the risk management program.
"Maximum achievable temperature" means the highest
temperature that can be attained during abnormal conditions in a process vessel
taking into consideration the vessel design, heating and cooling systems
connected to the vessel, and the potential chemical reactions involving the
vessel's contents. Abnormal conditions include scenarios such as:
1. A vessel having a steam heating system where maximum
heating is applied to the vessel;
2. A vessel having a cooling system where there is a total
loss of cooling;
3. An exothermic reaction generating heat that takes place
inside the vessel;
4. Contamination to the normal vessel contents causing an
exothermic reaction;
5. External fire; and
6. Unintended ratio or amounts of reaction ingredients.
"Operating alternative" means an alternative procedure,
schedule or process chemistry or a combination thereof.
"Overpressure analysis" means the computation of the distance
that a criterion level of overpressure extends from the center of a explosion
due to a release/ignition scenario of a flammable substance.
"Person" means corporations, companies, associations,
societies, firms, partnerships and joint stock companies, as well as
individuals, and shall also include all political subdivisions of this State or
any agencies or instrumentalities thereof, and any legal successor,
representative, agent or agency of the foregoing.
"Petition to withhold privileged trade secret or security
information" or "petition" means a written request made by an owner or operator
of a covered process pursuant to this chapter to withhold from disclosure to
the Department certain information which is privileged trade secret or security
information.
"Petitioner" means any person who submits a petition to
withhold privileged trade secret or security information under this
chapter.
"Piping and instrument diagram" or "P & ID" means one or
more detailed diagrams including legends and citations of referenced documents,
showing: every item of EHS equipment and its identification number (including
installed spare equipment); every pipe including size, flow direction,
identification number and indication of ANSI piping specification and break
between piping specifications; symbols and identification of every instrument
including instrument function to show trips and interlocks represented in
accordance with Instrument Society of America standards or a standard adequate
for the conduct of a safety review or hazard analysis with an appropriate
symbol legend shown; every valve; the failsafe position of control valves or
non-hand operated valves in the case of instrument air or power failure; steam
traps; representation of insulation or heat tracing of piping, EHS equipment
and instruments; sizes of all important equipment nozzles with location shown
schematically to reflect function and elevation, such as, drains, vents,
flushing connections and steam connections; references to inter-facing with
other diagrams describing process, service, treatment, disposal, or utility
systems; data on type, size, and set pressures of every relief valve and
relieving device; instruments to monitor early detection of abnormal conditions
or an EHS release; where critical, the relative elevations between equipment
and of key piping; notes or symbols on such items as slope of critical piping
to avoid pockets, or, where critical, symmetrical piping; notes on each item of
EHS equipment, such as, material of construction, design temperature, design
pressure, design thermal duty of heat exchangers, design capacity and dynamic
head of rotating equipment, etc.
"Potential catastrophic event" means an incident that could
have reasonably resulted in a catastrophic release of an EHS.
"Privileged trade secret or security information" means trade
secret or security information which the Department has determined the owner or
operator of a covered process is entitled to withhold from and not disclose to
the Department; consisting of trade secret or security information which is not
otherwise required to be disclosed to either the public or to any governmental
agency or entity by any Federal or state law or regulation, and which has never
been released to any person other than the owner's or operator's employees
involved in its use.
"Process chemistry" means the chemical reactions which are
relevant to possible scenarios of EHS release, including information on raw
materials, intermediates, products, and waste products.
"Process flow diagram" means one or more diagrams of a
covered process including legends and citations of referenced documents showing
the use, generation, storage or handling of an EHS, items of equipment (groups
of duplicate equipment may be represented by one symbol, if desired), flow of
material from item to item, simplified basic control loops or major control
schemes, points of discharge to the environment, and showing or
cross-referencing documents which give details of material balance, flows, raw
materials, products, intermediates, treatment chemicals, operating conditions
of temperature, pressure, and stream characteristics, operating cycles and
batch sizes where applicable. A process flow diagram includes, or references, a
block flow diagram that depicts the receipt, handling and storage steps at the
stationary source of shipping containers of the EHS.
"Public copy" means a copy of any information submitted to
the Department pursuant to the Act or this chapter which is identical to the
confidential copy except that any confidential information shall be deleted.
The public copy can be a photocopy of the confidential copy, with the
confidential information blacked out.
"Qualified person or position" means the member of management
who has the overall responsibility for the development, implementation and
integration of the risk management program elements for the facility and who
shall possess sufficient corporate authority and technical background to
adjudicate issues relating to the execution of the risk management program
based on information provided by manufacturing, engineering, maintenance,
safety and environmental representatives.
"Rate of energy release" means the amount of heat energy
released in a specified unit of time during a chemical reaction involving an
EHS.
"Reactive hazard substance" or "RHS" means an EHS that is a
substance, or combination of substances, which is capable of producing toxic or
flammable EHSs or undergoing unintentional chemical transformations producing
energy and causing an extraordinarily hazardous accident risk. RHSs are
identified at
7:31-6.3(a), Table
I, Part D, Group I (List of Individual Reactive Hazard Substances).
"Reactive hazard substance (RHS) mixture" means an EHS that
is a combination of substances intentionally mixed in a process vessel and is
capable of undergoing an exothermic chemical reaction which produces toxic or
flammable EHSs or energy. RHS mixtures include a reactant, product, or
byproduct that is a chemical substance or a mixture of substances having one or
more of the chemical functional groups specified in
7:31-6.3(a), Table
I, Part D, Group II. RHS mixture does not include non-reacting substances such
as solvents. An RHS mixture has a heat of reaction which, by convention, is
expressed as a negative value for an exothermic reaction, that has an absolute
value greater than or equal to 100 calories per gram of RHS mixture.
"Registered EHS" means an EHS which is listed in the Risk
Management Plan for a covered process.
"Reliability study" means the determination of the
probability of a piece of EHS equipment performing its required function in the
desired manner under all relevant conditions and on the occasion or during the
time intervals when it is required to so perform. It includes the analysis of
the failure of EHS equipment to perform its normal required function.
"Risk assessment section" means all Department personnel
engaged in the following activities concerning the review of risk management
programs developed by owners and operators to ensure their compliance with
TCPA: detailed review of the risk management programs; creation and
implementation of work plans; review of submittals to construct and operate new
EHS covered processes; and periodic inspections and audits of risk management
programs.
"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, and internal or external audit
procedures to ensure programs are being executed as planned. Risk management
program includes all activities performed and documents prepared pursuant to
40 CFR 68.12(c) and
(d) as incorporated by reference at
7:31-1.1(c).
"Risk reduction plan" means the plan developed as a result of
a hazard analysis, risk assessment or EHSARA which identifies the risk
reduction measures, recommends corrective actions, and provides for scheduling
and implementation of remedial actions.
"Security information" means information the release of which
could either compromise the physical security of the covered process or its
operations, or adversely affect national security. Examples include, but are
not limited to, offsite consequence analysis data and quantities and locations
of EHSs at facilities.
"Sewer system piping diagram" means one or more diagrams
relevant to the covered process and its potential releases showing those
portions of the site plan that include the chemical sewers, sanitary sewers and
storm water sewers drainage systems in the covered process or the adjoining
areas.
"Site plan" means a diagram of the stationary source showing
exact locations to scale of all units or areas, warehouses, buildings, roads,
access ways, walkways, parking areas, fences, gates and property lines plus the
covered process.
"Standard operating procedures" or "SOP" means the documents
setting forth the operating procedures covering all details of operation
involving an EHS that are currently in effect at the covered process.
"Substantiation" means the written submittal on a Department
provided form which supports either a confidentiality claim or a petition to
withhold privileged trade secret or security information.
"Tabletop exercise" means an activity in which the
participants are gathered informally to describe actions to be taken to respond
to a pre-planned simulated EHS release scenario based upon the emergency
response plan as if it were an actual release, to include documents relevant to
the EHS release scenario such as site plans, equipment arrangement plans and
local street maps referenced by the participants during the exercise.
"TCPA" means the Toxic Catastrophe Prevention Act,
13:1K-19 et seq.
"TCPA program operating expense" means the cost for normal
TCPA program operating items such as postage, telephone, travel supplies and
data management systems.
"Thermal analysis" means the computation of the distance from
the center of a fireball that a criterion thermal radiation dose extends
subsequent to specific release/ignition scenarios of a flammable
substance.
"Total spending plan of the TCPA program" means the total
annual estimated cost of operating the TCPA program approved by the Department
for the fiscal year beginning July 1.
"Trade secret" means information concerning a formula,
process, device or compilation which an owner or operator of a covered process
uses to gain a business advantage over competitors who do not know or use
it.
"What if Checklist" means a method of hazard analysis based
on a systematic study of updated piping and instrument diagrams that describe
the covered process taking into consideration process chemistry, standard
operating procedures, maintenance procedures, EHS operator job descriptions,
process flow diagrams, EHS inventory tabulations, electrical one-line diagrams
and other documents. The study is composed of a comprehensive list of questions
prepared in advance from study of the documents by team members either in
conference or independently usually corresponding to their individual
background. Results of the study shall be reported for a unit on a table. The
results are entered on the table as follows: the "what if" question and its
corresponding consequence/hazard, the criticality based on the quantity or rate
of the potential release and the recommended action in terms of equipment or
procedure to mitigate the consequence/hazard.
