N.J. Admin. Code § 8:59-10.2

Current through Register Vol. 56, No. 23, December 2, 2024

Section 8:59-10.2 - Contents of the Special Health Hazard Substance List

(a) The Special Health Hazard Substance List consists of hazardous substances with the following properties:

1. Carcinogen--Carcinogens, which have met the criteria established by the International Agency for Research on Cancer (IARC), the National Toxicology Program (NTP), or the Integrated Risk Information System (IRIS) of the United States Environmental Protection Agency.

i. IARC categorizes its list of carcinogens into three groups:

(1) Group 1--The chemical, group of chemicals or occupational exposure is carcinogenic to humans. This category was used only when there was sufficient evidence from epidemiological studies to support a causal association between the exposure and cancer.

(2) Group 2--The chemical, group of chemicals or occupational exposure is probably carcinogenic to humans.

(3) Compounds from Group 3 were not included on the Right to Know or Special Health Hazard Substance Lists.

ii. NTP categorizes its list of carcinogens into two groups:

(1) Group K includes substances or groups of substances that are known to be carcinogenic, which includes those substances for which the evidence from human studies indicates that there is a causal relationship between exposure to the substance and human cancer.

(2) Group R includes substances or groups of substances that may reasonably be anticipated to be carcinogens, which includes those substances for which there is limited evidence of carcinogenicity in humans or sufficient evidence of carcinogenicity in experimental animals.

iii. IRIS includes substances, which demonstrate substantial or strong evidence of carcinogenicity in humans or animals, based upon positive human epidemiological studies, or a statistically significant increase in malignant tumors or an increase in benign tumors of a progressive nature in at least one animal species. Evidence of carcinogenicity in short-term bioassays was used only as supportive evidence.

2. Mutagen--Those mutagens which have at least three positive results in at least two of three test systems measuring gene or chromosome mutation or changes in ploidy (number of chromosomes per cell) are included on the Special Health Hazard Substance List. When two of the positive results are for the same genetic effect, they have to be derived from systems of different biological complexity.

3. Teratogen--Those teratogens for which there is sufficient evidence to suspect that they may be teratogenic in humans are included on the Special Health Hazard Substance List. Sufficient evidence of teratogenicity is epidemiological evidence of teratogenicity in humans or positive teratogenic evidence in at least two different animal species.

4. Flammable--The flammability hazards of materials are classified according to their susceptibility to burning. Pure substances, which meet the United States Department of Transportation's (DOT) criteria for flammability set forth in 49 CFR 173 or the National Fire Protection Association's (NFPA) criteria for flammability in the third and fourth degrees of hazard set forth in "Identification of the Hazards of Materials for Emergency Response," No. 704-2001, are included on the Special Health Hazard Substance List. Special health hazard substances contained in mixtures shall be considered to be special health hazard substances unless the flammability hazard of the mixture does not meet the criteria set forth below for flammability. This documentation shall be made available to the Department upon request.

i. DOT criteria:

(1) Flammable liquid--A flammable liquid means any liquid having a flash point below 100 degrees Fahrenheit (37.8 degrees Centigrade), except for any mixture having one component or more with a flash point of 100 degrees Fahrenheit (37.8 degrees Centigrade) or higher, that makes up at least 99 percent of the total volume of the mixture ( 49 CFR Part 173.115).

(2) Flammable compressed gas--Any compressed gas shall be classed as "flammable gas" if any one of the following occurs:

(A) Either a mixture of 13 percent or less (by volume) with air forms a flammable mixture or the flammable range with air is wider than 12 percent regardless of the lower limit. These limits shall be determined at atmospheric temperature and pressure.

(B) Using the Bureau of Explosives' Flame Projection Apparatus, the flame projects more than 18 inches beyond the ignition source with valve opened fully, or, the flame flashes back and burns at the valve with any degree of valve opening ( 49 CFR Part 173.300 ).

(3) Flammable solid--A flammable solid is any solid material, other than one classed as an explosive, which is liable to cause fires through friction, retained heat from manufacturing or processing, or which can be ignited readily and when ignited burns so vigorously and persistently as to create a serious hazard. Included in this class are spontaneously combustible and water-reactive materials ( 49 CFR Part 173.150).

ii. NFPA criteria:

(1) Flammability-Fourth degree--Materials which will rapidly or completely vaporize at atmospheric pressure and normal ambient temperature or which are dispersed in air, and which will burn readily. This degree should include:

Gases;

Cryogenic materials;

Any liquid or gaseous material which is a liquid while under pressure and having a flash point below 73 degrees Fahrenheit (22.8 degrees Centigrade) and having a boiling point below 100 degrees Fahrenheit (37.8 degrees Centigrade) (Class IA flammable liquids.)

Materials which on account of their physical form or environmental conditions can form explosive mixtures with air and which are readily dispersed in air, such as dusts of combustible solids and mists of flammable or combustible liquid droplets.

(2) Flammability-Third degree--Liquids and solids that can be ignited under almost all ambient temperature conditions. Materials in this degree produce hazardous atmospheres with air under almost all ambient temperatures or, though unaffected by ambient temperatures, are readily ignited under almost all conditions. This degree should include:

Liquids having a flash point below 73 degrees Fahrenheit (22.8 degrees Centigrade) and having a boiling point at or above 100 degrees Fahrenheit (37.8 degrees Centigrade) and those liquids having a flash point at or above 73 degrees Fahrenheit (22.8 degrees Centigrade) and below 100 degrees Fahrenheit (37.8 degrees Centigrade). (Class 1B and Class 1C flammable liquids);

Solid materials in the form of coarse dusts which may burn rapidly but which generally do not form explosive atmospheres with air;

Solid materials in a fibrous or shredded form which may burn rapidly and create flash fire hazards;

Materials which burn with extreme rapidity, usually by reason of self-contained oxygen;

Materials which ignite spontaneously when exposed to air.

5. Reactive and/or explosive/instability--The reactivity or explosivity of materials are ranked according to their susceptibility to release energy. Pure substances, which meet the National Fire Protection Association's criteria for reactivity/explosivity/instability in the second, third, and fourth degrees of hazard set forth in "Identification of the Hazards of Materials for Emergency Response," No. 704-2001, are included in the Special Health Hazard Substance List. Special health hazard substances contained in mixtures shall be considered to be special health hazard substances unless the reactive and/or explosive hazard of the mixture does not meet the criteria set forth below for reactivity/explosivity. This documentation shall be made available to the Department upon request.

i. Reactivity/Instability-Fourth degree--Materials, which in themselves are readily capable of detonation or of explosive decomposition or explosive reaction at normal temperatures and pressures. This degree should include materials, which are sensitive to mechanical or localized thermal shock at normal temperatures and pressures.

ii. Reactivity/Instability-Third degree--Materials, which in themselves are capable of detonation or of explosive decomposition or explosive reaction but which require a strong initiating source or which must be heated under confinement before initiation. This degree should include materials, which are sensitive to thermal or mechanical shock at elevated temperatures and pressures or which react explosively with water without requiring heat or confinement.

iii. Reactivity/Instability-Second degree--Materials, which in themselves are normally unstable and readily undergo violent chemical change but do not detonate. This degree should include materials, which can undergo chemical change with rapid release of energy at normal temperatures and pressures or which can undergo violent chemical change at elevated temperatures and pressures. It should also include those materials, which may react violently with water or which may form potentially explosive mixtures with water.

6. Corrosive--Pure substances, which meet the United States Department of Transportation's criteria for corrosivity set forth in 49 CFR 173.136 and 137 are included on the Special Health Hazard Substance List. Special health hazard substances contained in mixtures shall be considered to be special health hazard substances unless the corrosivity hazard of the mixture does not meet the criteria set forth below for corrosivity. This documentation shall be made available to the Department upon request.

A corrosive material (Class 8) means a liquid or solid that causes full thickness destruction of human skin at the site of contact within a specified period of time. A liquid that has a severe corrosion rate on steel or aluminum based on the criteria in 49 CFR Part 173.137(c)(2) is also a corrosive material.

(b) The Special Health Hazard Substance List consists of the hazardous substances listed in Appendix B, which are designated by a "#" on the combined Right to Know Hazardous Substance List and Special Health Hazard Substance List.

N.J. Admin. Code § 8:59-10.2

Amended by 50 N.J.R. 1036(a), effective 3/19/2018