N.J. Admin. Code § 7:31-6.1 - Incorporation by reference

(a) This subchapter incorporates by reference 40 CFR 68 Subpart F, Regulated Substances for Accidental Release Prevention, including all future amendments and supplements, except as provided in (b) and (c) below.

(b) The following provisions are not incorporated by reference: 40 CFR 68.120, Petition process; and 40 CFR 68.125, Exemptions.

(c) The following provisions are incorporated by reference with the specified changes:

1. 40 CFR 68.100, delete "subpart" and replace with "subchapter", after "as amended," add "and the Toxic Catastrophe Prevention Act, as amended, and". Delete the phrase "and establishes the requirements for petitioning to add or delete substances from the list".

2. 40 CFR 68.115(a), delete and replace with, "A threshold quantity of an EHS in 7:31-6.3(a), Table 1, is present at a facility if the total quantity of the EHS at the facility meets or exceeds the threshold."

3. 40 CFR 68.115(b), (b)(1) through (b)(5), at all occurrences delete "more than" before "a threshold quantity," and delete "regulated toxic substance" and replace with "toxic EHS" and delete "regulated flammable substance" and replace with "flammable EHS". Also, at all occurrences, delete "stationary source" and replace with "facility".

4. 40 CFR 68.115(b)(5)(ii), after "operations;" replace "and" with "however, only pilot plant scale operations handling the substances listed at 40 CFR 68.130 in a covered process shall be covered under this chapter; and".

5. 40 CFR 68.130, all substances and their specified threshold quantities are incorporated by reference into two lists as follows:

i. 40 CFR 68.130 Table 1 (and 2), List of Regulated Toxic Substances, including all future amendments and supplements, are incorporated as 7:31-6.3(a), Table I, Part B;

ii. 40 CFR 68.130 Table 3 (and 4), List of Regulated Flammable Substances, including all future amendments and supplements.

Notes

N.J. Admin. Code § 7:31-6.1

Amended by R.2009 d.85, effective 3/16/2009.
See: 40 N.J.R. 5109(a), 41 N.J.R. 1206(b).
Rewrote (c)2; in (c)3, substituted "through (b)(5)," for ", and (b)2", and inserted the last sentence; and rewrote (c)4 and (c)5ii.