N.J. Admin. Code § 7:31-8.1 - Incorporation by reference

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

(a) This subchapter incorporates by reference 40 CFR Part 68 Subpart H, Other requirements, including all future amendments and supplements, except as provided in (b) and (c) below.
(b) The following provisions of 40 CFR Part 68 Subpart H are not incorporated by reference: 40 CFR 68.210 Availability of information to the public, and 40 CFR 68.215 Permit content and air permitting authority or designated agency requirements.
(c) The following provisions are incorporated by reference with the specified changes:
1. 40 CFR 68.200 Recordkeeping replace "part" with "Chapter" and replace "Subpart D of this part" with "N.J.A.C. 7:31-4 and as follows: mechanical integrity/preventive maintenance records for the lifetime of EHS equipment, design safety review reports for the lifetime of a covered process, and hot work permits until they are reviewed in the next Department audit or inspection."
2.40 CFR 69.220 Audits, replace "implementing agency" with "the Department" and replace "Subpart G of this part" with "N.J.A.C. 7:31-7" in all occurrences of this section.
3. 40 CFR 68.220(a) delete the Federal requirement and replace with "The Department shall periodically audit or inspect risk management programs and RMPs to review their adequacy and require revisions when necessary to ensure compliance with N.J.A.C. 7:31 and the Act."
4. (Reserved.)
5. 40 CFR 68.220(d) at the end of the sentence, add the phrase "in accordance with N.J.A.C. 7:31-8.2."
6. 40 CFR 68.220(e) replace the first sentence with "Based on the audit, the Department shall issue the owner or operator of a facility a written preliminary determination of material deficiencies and necessary revisions to the owner or operator's RMP and risk management program for the facility to ensure that the RMP and the risk management program meet the criteria of N.J.A.C. 7:31.
7. 40 CFR 68.220(f) change the introductory clause from "Written response to a preliminary determination" to "In response to a preliminary determination:".
8. 40 CFR 68.220(f)(2) replace this provision with "The written response under paragraph (f)(1) of this section shall be received by the Department within 60 days of the issue of the preliminary determination."
9. 40 CFR 68.220(g) replace this provision with "If the Department and owner or operator reach agreement on the RMP and risk management program, the owner or operator shall enter into a consent agreement (or consent agreement addendum for previously approved risk management programs) with the Department and shall comply with the requirements of the approved risk management program as set forth in the consent agreement or consent agreement addendum. The consent agreement or consent agreement addendum shall be signed by the owner or operator or his/her representative and by the Chief of the Bureau of Release Prevention or his/her supervisor. If the owner or operator has not signed a consent agreement or consent agreement addendum within 120 days of receipt of the preliminary determination, the Department shall prepare and send an administrative order. The administrative order may adopt or modify the revisions contained in the preliminary determination under 40 CFR 68.220(e) with changes specified at N.J.A.C. 7:31-8.1(c)6 or may modify the substitute revisions provided in the response under 40 CFR 68.220(f) with changes specified at N.J.A.C. 7:31-8.1(c)7-8. An administrative order that adopts a revision rejected by the owner or operator shall include an explanation of the basis for the revision. An administrative order that fails to adopt a substitute revision provided under 40 CFR 68.220(f) with changes specified at N.J.A.C. 7:31-8.1(c)7-8 shall include an explanation of the basis for finding such substitute revision unreasonable. In the administrative order, the Department shall advise the owner or operator of his/her right to an adjudicatory hearing pursuant to N.J.A.C. 7:31-11.3(b)."
10. 40 CFR 68.220(h) delete "final determination" and replace with "consent agreement or consent agreement addendum or administrative order" at all occurrences.
11. 40 CFR 68.220(i) replace "final determinations" with "consent agreements or consent agreement addenda or administrative orders" and "§ 68.210 of this part" with "N.J.S.A. 47:1A-1 et seq."
12. 40 CFR 68.220(j) replace "EPA or the state" with "the Department" and "part under the Act" with "chapter."


N.J. Admin. Code § 7:31-8.1
Amended by R.2003 d.335, effective 8/4/2003.
See: 35 N.J.R. 935(a), 35 N.J.R. 3618(b).
In (c), amended the N.J.A.C. reference in 1 and rewrote 4.
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)1, (c)3 and (c)6; and reserved (c)4.
Notice of readoption with technical change.
See: 48 N.J.R. 206(a).

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