N.J. Admin. Code § 7:31-4.9

Current through Register Vol. 56, No. 21, November 4, 2024

Section 7:31-4.9 - Annual reports

(a) Each owner or operator shall submit an annual report to the Department reflecting the risk management activities for the 12 month period ending on the anniversary date within 90 days of the anniversary date. The anniversary date shall be the date of the signing of the initial consent agreement or the date of issuance of an administrative order by the Department designating the approval of the risk management program for the stationary source. The Department shall change the anniversary date upon receipt of a written request from the owner or operator provided the anniversary date has not been changed in the preceding 24 months.

(b) The annual report shall contain:

1. An update, if applicable, of the supplemental TCPA program information as specified in 7:31-7.2(a)2, if this supplemental information was not previously reported in a revised Risk Management Plan submittal. If there were no changes in the supplemental information since the last Risk Management Plan submittal, the owner or operator shall state this in the annual report;

2. A description of significant changes to the management system. If there were no changes in the management system since the last annual report, the owner or operator shall state this in the annual report;

3. A process hazard analysis with risk assessment report prepared pursuant to 7:31-4.2(e) for each process hazard analysis with risk assessment completed during the previous year. For those risk assessment reports prepared pursuant to 7:31-4.6(c), a list of the reports may be substituted instead of the reports. If no process hazard analysis with risk assessment reports were completed since the last annual report, the owner or operator shall state this in the annual report;

4. A summary of EHS accidents and potential catastrophic events that occurred during the previous years. If no EHS accidents or potential catastrophic events occurred since the last annual report, the owner or operator shall state this in the annual report. The summary shall include:

i. The EHS involved and amount released if these facts can be reasonably determined based on the information obtained through the investigation;

ii. The date and time of the EHS accident and potential catastrophic event and identification of the EHS equipment involved; and

iii. The basic and contributory causes;

5. The compliance audit report and documentation for the year ending on the anniversary date prepared pursuant to 40 CFR 68.79(c) and (d) incorporated with changes specified at 7:31-4.1(c)14 and 23; and

6. Each inherently safer technology review report completed pursuant to 7:31-4.12(b) and (f) during the previous year.

N.J. Admin. Code § 7:31-4.9

Amended by R.2003 d.335, effective 8/4/2003.
See: 35 N.J.R. 935(a), 35 N.J.R. 3618(b).
Rewrote (b).
Amended by R.2008 d.121, effective 5/5/2008.
See: 39 N.J.R. 1351(a), 40 N.J.R. 2254(a).
In (b)4iii, deleted "and" from the end; in (b)5, substituted "; and" for the period at the end; and added (b)6.
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 paragraph of (b)4, inserted "and potential catastrophic events" and "or potential catastrophic events", and deleted "of EHS accidents" following "summary"; and in (b)4ii, inserted "and potential catastrophic event".