N.J. Admin. Code § 7:31-4.12

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

Section 7:31-4.12 - Inherently safer technology review

(a) By September 2, 2008, for each covered process at the stationary source, the owner or operator shall complete an initial inherently safer technology review pursuant to (c) through (e), below and shall prepare and submit to the Department an inherently safer technology review report pursuant to (f) below. An inherently safer technology review report completed pursuant to the Best Practices Standards at TCPA/DPCC Chemical Sector Facilities, November 21, 2005 http://www.nj.gov/dep/rpp/brp/, prior to May 5, 2008 may be submitted to comply with this requirement.

(b) The owner or operator shall update the inherently safer technology review submitted pursuant to (a) above on the same schedule as the process hazard analysis with risk assessment revalidations and updates pursuant to 40 CFR 68.67(f) incorporated with changes at N.J.A.C. 7:31-4.1(c)7 and 4.6(c) are updated for each covered process at the stationary source, including each new covered process brought on line since the date of the previous inherently safer technology review. The owner or operator shall address the inherently safer technologies that have been developed since the last inherently safer technology review. Unless an update is required pursuant to N.J.A.C. 7:31-4.6(c), the first inherently safer technology review update shall not be required until two years after the date of the initial inherently safer technology review.

(c) Each inherently safer technology review required by this section shall be conducted by a team of qualified experts convened by the owner or operator, whose members shall have expertise in environmental health and safety, chemistry, design and engineering, process controls and instrumentation, maintenance, production and operations, and chemical process safety.

(d) Each inherently safer technology review required by this section shall identify available inherently safer technology alternatives or combinations of alternatives that minimize or eliminate the potential for an EHS release. Using any available inherently safer technology analysis method, this review shall include, at a minimum, an analysis of the following principles and techniques:

1. Reducing the amount of EHS material that potentially may be released;

2. Substituting less hazardous materials;

3. Using EHSs in the least hazardous process conditions or form; and

4. Designing equipment and processes to minimize the potential for equipment failure and human error.

(e) Each inherently safer technology review required by this section shall include a determination of whether each of the inherently safer technologies identified pursuant to (d) above is feasible. For purposes of this determination, feasible means capable of being accomplished in a successful manner, taking into account environmental, public health and safety, legal, technological, and economic factors.

(f) The owner or operator shall prepare and submit to the Department a report that documents each inherently safer technology review required by this section. The report shall include:

1. An identification of the covered process that is the subject of the review; a list of the review team members with name, position, affiliation, responsibilities, qualifications and experience for each; the date of report completion; and the inherently safer technology analysis method used to complete the review;

2. The questions asked and answered to address the inherently safer technology principles and techniques pursuant to (d) above;

3. A list of inherently safer technologies determined to be already present in the covered process;

4. A list of additional inherently safer technologies identified;

5. A list of the additional inherently safer technologies selected to be implemented and a schedule for their implementation; and

6. A list of the inherently safer technologies determined to be infeasible; and

7. A written explanation justifying the infeasibility determination for each inherently safer technology determined to be infeasible. The owner or operator shall substantiate the infeasibility determination using a qualitative and quantitative evaluation of environmental, public health and safety, legal, technological, and economic factors.

(g) An owner or operator may file a claim with the Department pursuant to N.J.A.C. 7:31-10 to withhold from public disclosure confidential information included in an inherently safer technology review report required to be submitted to the Department pursuant to this section.

N.J. Admin. Code § 7:31-4.12

New Rule, R.2008 d.121, effective 5/5/2008.
See: 39 N.J.R. 1351(a), 40 N.J.R. 2254(a).