N.J. Admin. Code § 7:31-9.4

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

Section 7:31-9.4 - Proposal requirements

(a) Each proposal shall explain in a clear and concise manner how the consultant is going to address each task in the owner or operator's work plan.

(b) Each proposal shall demonstrate the consultant's ability to perform the EHSARA set forth in this subchapter and shall include:

1. The consultant's qualifications in:

i. Process engineering;

ii. Safety engineering;

iii. Preparation of operating procedures;

iv. Preparation or review of maintenance procedures;

v. Preparation or review of safety procedures;

vi. Preparation or review of operator training programs;

vii. Performance or review of accident investigations;

viii. Performance of hazard reviews and process hazard analyses;

ix. Performance of risk assessments;

x. Preparation or review of emergency response plans;

xi. Performance of audits of risk management programs;

xii. Knowledge of risk reduction methods; and

xiii. With respect to each of the above qualifications, the following:

(1) The name of consultant's client; if the client's name cannot be divulged, then a description of the client;

(2) The name of client's contact person, if available;

(3) The date and duration of work;

(4) The names of consultant's employees who performed the work;

(5) The schedule of the work; and

(6) A brief description of the work.

2. The qualifications and experience of additional staff who may be assigned on an as needed basis; and

3. The level of effort to be dedicated and schedule for performing each workplan task item including:

i. The names of staff assigned;

ii. The expected starting and completion dates;

iii. The estimated personhours; and

iv. The scope and extent of usage of collateral items such as computer use, outside consultants, etc.

(c) The resumes of the consultant or the consultant's staff who are to be committed to the work plan agreed to by the owner or operator of a covered process and the Department shall be included in the proposal submitted to the Department and shall demonstrate that the consultant or the consultant's staff implementing the workplan has the following qualifications, at a minimum:

1. At least one previous project in each of the 12 areas of experience listed in (b)1 above;

2. Key staff members each having at least five years of professional experience and one key staff member who is a licensed professional engineer;

3. A task force leader with at least 36 months of accumulated experience as a project manager of multidisciplinary technical teams;

4. A technical leader of the hazard analysis and risk assessment portions of the work who has at least 12 months aggregate experience at such work; and

5. Any assisting staff shall have at least three years of professional work experience and at least six months accumulated experience on the type of work involved in the portion of the EHSARA to which they will contribute.

(d) The Department, within 15 days after receipt of the names and proposals from the owner or operator, shall:

1. Select one of the consultants to perform the EHSARA; or

2. Within 60 days after determining that none of the consultants' proposals submitted by the owner or operator meet the requirements in 7:31-9.4, direct the owner or operator to submit the names and proposals of an additional three consultants to the Department for its selection of one of the consultants to perform the EHSARA.

(e) The owner or operator of a covered process shall execute a contract with the consultant chosen by the Department within 45 days after receipt of the name of the consultant from the Department.

(f) The consultant or Department shall perform the EHSARA and develop a recommended risk reduction plan which will include the identification of those activities necessary to create a risk management program. These shall be performed in conformity with the work plan developed and explained at the meeting held pursuant to 7:31-9.1(d). Members of the owner or operator's staff may participate in the work preparatory to the EHSARA.

N.J. Admin. Code § 7:31-9.4