N.J. Admin. Code § 7:31-4.11 - New covered processes-construction and new EHS service

Current through Register Vol. 54, No. 7, April 4, 2022

(a) Owners or operators who plan to construct a new Program 3 covered process at a facility for which there is no previously approved risk management program shall:
1. Submit to the Department a report of safety review of design in accordance with 7:31-4.7(b) and (c) and the documentation required at 7:31-7.2 and 40 CFR 68.150 with changes specified at 7:31-7.1(c)1 and 2 at least 90 days prior to construction of the covered process;
2. Proceed with construction of the new covered process only upon receiving written approval from the Department;
3. Submit to the Department at least 90 days prior to the date the equipment is scheduled to be placed into EHS service any updates of the documentation as required by 7:31-4.11(a)1;
4. Conduct a pre-startup safety review in accordance with 7:31-4.7(d) and (e); and
5. Submit to the Department the fees required by N.J.A.C. 7:31-1.11.
(b) Owners or operators who plan to utilize existing equipment for a new Program 3 covered process at a facility for which there is no previously approved risk management program shall:
1. Submit a report of safety review of design in accordance with 7:31-4.7(b) and (c) and the documentation required at 7:31-7.2 and 40 CFR 68.150 with changes specified at 7:31-7.1(c)1 and 2 at least 90 days prior to placing the equipment into EHS service;
2. Conduct a pre-startup safety review in accordance with 7:31-4.7(d) and (e); and
3. Submit to the Department the fees required by N.J.A.C. 7:31-1.11.
(c) Owners or operators who plan to construct a new Program 3 covered process or utilize existing equipment for a new Program 3 covered process at a facility that has a previously approved risk management program shall:
1. Submit a report of safety review of design in accordance with 7:31-4.7(b) and (c) and update documentation in accordance with 7:31-7.2 and 40 CFR 68.150 with changes specified at 7:31-7.1(c)1 and 2 at least 90 days prior to the scheduled placing of the equipment into EHS service;
2. Conduct a pre-startup safety review in accordance with 7:31-4.7(d) and (e); and
3. Submit to the Department the fees required by N.J.A.C. 7:31-1.11.
(d) Prior to placing equipment into EHS service, the owner or operator of a covered process shall enter into a consent agreement, or consent agreement addendum, for that equipment with the Department, subsequent to a facility audit or inspection by the Department, and complete any deficiencies in the consent agreement, or consent agreement addendum, for that equipment in accordance with the schedule in the consent agreement or consent agreement addendum.
(e) The owner or operator shall complete an inherently safer technology review and report pursuant to 7:31-4.12(c) through (f) for each new covered process. The owner or operator shall submit the inherently safer technology review report with the submittal required at (a)1, (b)1, or (c)1 above, as applicable.

Notes

N.J. Admin. Code § 7:31-4.11
Amended by R.2008 d.121, effective 5/5/2008.
See: 39 N.J.R. 1351(a), 40 N.J.R. 2254(a).
Added (e).
Amended by R.2009 d.85, effective 3/16/2009.
See: 40 N.J.R. 5109(a), 41 N.J.R. 1206(b).
In the introductory paragraphs of (a), (b) and (c), substituted "facility" for "stationary source"; in the introductory paragraph of (a), substituted "risk management program" for "RMP"; and in (d), inserted a comma following "service", and substituted "facility audit or" for "stationary source".

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