N.J. Admin. Code § 7:31-9.5

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

Section 7:31-9.5 - EHSARA report

(a) Upon completion of the EHSARA, the consultant or the Department shall prepare an EHSARA report which shall include recommendations to reduce risks.

(b) The original EHSARA report shall be submitted to the Department and a copy of the EHSARA report shall be submitted to the owner or operator at the same time.

(c) The EHSARA report shall contain, but not be limited to, the following for Program 3 covered processes:

1. The findings of the verification required by 7:31-9.2(a)2;

2. The findings of the review required by 7:31-9.2(a)3;

3. The findings of the safety review required by 7:31-9.2(a)4;

4. The reports of the process hazard analysis with risk assessment required by 7:31-9.2(a)5;

5. The findings of the reviews required by 7:31-9.2(a)6 through 10; and

6. The recommended risk reduction plan including the listing of all of the deficiencies identified in (c)1 through 5 above, the remedial actions and alternatives to correct the deficiencies and a proposed schedule for implementation.

(d) (Reserved.)

(e) The Department shall review the EHSARA report and prepare a risk reduction plan which will be incorporated into an administrative order which will be issued to the owner or operator. The administrative order shall direct the owner or operator to implement the risk reduction plan which shall include:

1. A list of risks that must be reduced;

2. The actions the owner or operator is to take to reduce the risks including those necessary to complete a risk management program meeting the requirements of N.J.A.C. 7:31-4 and the schedule within which the owner or operator shall complete the actions; and

3. A statement that the owner or operator has an established risk management program.

(f) Any owner or operator aggrieved by the administrative order issued pursuant to (e) above may request an adjudicatory hearing by following the procedures set forth at 7:31-11.3.

(g) Upon implementation of the risk reduction plan as required by the administrative order, the established risk management program will be audited in accordance with 40 CFR 68.220 with changes specified at 7:31-8.1(c)2 through 12 and 8.2.

(h) The Department may by regulation or on a case-by-case basis limit the scope or detail of the work plan where it determines that the action does not remove or compromise the protection required for the public interest.

N.J. Admin. Code § 7:31-9.5

Amended by R.2009 d.85, effective 3/16/2009.
See: 40 N.J.R. 5109(a), 41 N.J.R. 1206(b).
Reserved (d); in (e)2, substituted "N.J.A.C. 7:31-4" for "N.J.A.C. 7:31-3 for Program 2 covered processes or N.J.A.C. 7:31-4 for Program 3 covered processes"; and in (f), substituted "(e)" for "(k)".