N.J. Admin. Code § 7:31-5.2

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

Section 7:31-5.2 - Emergency response program

(a) The provisions of this section apply in addition to those of 40 CFR 68.95 with changes specified at N.J.A.C. 7:31-5.1(c)3 and 4.

(b) Each owner or operator shall develop and implement a written emergency response (ER) program which shall include:

1. Initial and annual refresher emergency response training for all employees in relevant procedures to implement the emergency response plan;

2. Performance of at least one EHS ER exercise per calendar year in accordance with the following requirements:

i. The owner or operator of a facility whose employees will not respond to an EHS accident in accordance with 40 CFR 68.90(b) with changes specified at N.J.A.C. 7:31-5.1(c)1 and 2 shall invite at least one outside responder agency designated in the ER plan to participate in the ER exercise. Employees of the facility shall perform their assigned responsibilities for all ER exercises; and

ii. All other owners or operators shall perform at least one full scale ER exercise in which the ER team and ER containment, mitigation, and monitoring equipment are deployed at a strength appropriate to demonstrate the adequacy and implementation of the plan; and

3. A written assessment of the ER plan, of the adequacy of notification to outside agencies and the public, and of the adequacy or need for ER equipment after each ER plan implementation or each ER exercise;

4. A description of the emergency notification system at the facility which shall include the following requirements for reporting EHS accidents:

i. Immediate notification to the Department's emergency communications center at 1-877 WARN DEP (1-877-927-6337) by the emergency coordinator or designee of an EHS accident or imminent EHS accident at the stationary source. The notification shall include the following information:

(1) The company name and address of the EHS accident;

(2) The name, position, and telephone number of caller;

(3) The time of, or anticipated time, of the EHS accident and the projected duration;

(4) The chemical name of the EHS released;

(5) The actual EHS quantity or, if not known, the estimated EHS quantity and whether it will have an offsite impact; and

(6) Weather conditions, including wind direction and speed and expected offsite effects, if any;

ii. The emergency coordinator or designee for the stationary source shall be prepared to provide the Department's emergency communications center updates, if requested, which shall include the following information:

(1) The name and address of stationary source of the EHS accident;

(2) The name, position and telephone number of caller;

(3) The location of the point of EHS release, a description of the source, cause and type of EHS accident, quantity and concentration of the EHS released, and whether the EHS release is of a continuing nature;

(4) The measures taken to terminate the EHS release or to mitigate its effect, and the effectiveness of such measures; and

(5) An update on weather conditions; and

iii. The following EHS accidental releases shall be exempt from the notification provisions of (b)4 above provided the EHS accident is recorded in accordance with the procedures established for EHS accident investigation for the facility. This exemption does not affect any other State or Federal reporting requirements.

(1) An EHS release that has no potential offsite impact;

(2) An EHS release that results in no actual or potential injuries or fatalities at the stationary source; and

(3) An EHS release that does not activate the emergency response plan.

N.J. Admin. Code § 7:31-5.2

Amended by R.2003 d.335, effective 8/4/2003.
See: 35 N.J.R. 935(a), 35 N.J.R. 3618(b).
In (b), rewrote the introductory paragraph, substituted "Initial" for "A schedule for initial" in 1, substituted "Performance of" for "A schedule to perform" in 2, amended the phone number in 4i, substituted "following EHS accidental releases" for "EHS accidental releases in(b)4iii(1) through iii below" in 4iii and rewrote 4iii(1).
Amended by R.2009 d.85, effective 3/16/2009.
See: 40 N.J.R. 5109(a), 41 N.J.R. 1206(b).
In (b)2i, substituted "The owner or operator of a facility" for "Owners or operators of stationary sources for Program 2 covered processes" and "facility" for "stationary source", and inserted "1 and"; in (b)3, inserted ", of the adequacy of notification to outside agencies and the public"; in the introductory paragraph of (b)4, substituted "facility" for "stationary source"; rewrote the introductory paragraph of (b)4iii; and rewrote (b)4iii(1).