N.J. Admin. Code § 7:31-7.1

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

Section 7:31-7.1 - Incorporation by reference

(a) This subchapter incorporates by reference the provisions of 40 CFR 68 Subpart G, Risk Management Plan, including all future amendments and supplements, except as provided in (b) and (c) below.

(b) The following provisions of 40 CFR 68 Subpart G are not incorporated by reference: 40 CFR 68.165(a)(1) and 40 CFR 68.185(a).

(c) The following provisions of 40 CFR 68 Subpart G are incorporated by reference with the specified changes:

1.40 CFR 68.150(a) Submission, add the following phrase to the end of the last sentence "for covered processes regulated under to 40 CFR 68."

2.40 CFR 68.150(a) Submission, after "June 21, 1999" add the following sentence, "Submittal of the RMP to the Department shall be in accordance with N.J.A.C. 7:31-7.2 below."

3.40 CFR 68.190(a) Updates, in the first sentence after "owner or operator", add "of a covered process regulated under 40 CFR 68 ".

4.40 CFR 68.190(a) Updates, after "June 21, 1999" add the following sentence, "For all covered processes submittal of updates to the Department shall be in accordance with 40 CFR 68.190(b) and N.J.A.C. 7:31-7.2."

5.40 CFR 68.190(b) Updates, after "§ 68.150" add "with changes specified at N.J.A.C. 7:31-7.1(c)1 and 2."

6.40 CFR 68.190(c), after EPA, add "and the Department."

7.40 CFR 68.150(b)(3), delete "above a threshold quantity in a process" and replace with "at or above a threshold quantity at the facility."

8.40 CFR 68.160(b)(7), in the phrase, "For each covered process, the name and CAS number of each regulated substance held above the threshold quantity in the process," replace "above the threshold quantity in the process" with "at or above the threshold quantity at the facility."

9.40 CFR 68.165(a)(2), delete all references to "Program 2."

10. Delete 40 CFR 68.170.

11.40 CFR 68.190(b)5, delete "or hazard review."

12.40 CFR 68.195(a), delete "68.170(j)."

N.J. Admin. Code § 7:31-7.1

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), substituted "end" for "beginning" in 1, rewrote 2 and 4, and added 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 (c), deleted a comma following "Subpart G"; added (c)7 and (c)8; and added (c)9 through (c)12, operative March 16, 2010.