NJ. Department of Environmental Protectipn
Worker and Community Right to Know
Basis and Background
with Environmental Hazardous Substance List
Glossary References
April 1984 BASIS AND BACKGROUND DOCUMENT FOR N.J.A.C. 7:1G-1, et seq. DEVELOPED PURSUANT TO THE NEW JERSEY WORKER AND COMMUNITY RIGHT TO KNOW ACT . (P.L. 1983, C.315, C.34:5A-1 et seq.)
March 1984
N.J. Department of Environmental Protection - Office of Science & Research Worker and Community Right to Know Act
Proposed Designation of Environmental Hazardous Subst.ances and Hazardous Materials
Prop'osed Environmental Survey and Emergency Services Information Survey
Basis and Background Document
New Jersey Eiepartment of Environmental Protection
March 1984 TABLE OF CONTENTS
INTRODUCTION
RIGHT TO KNOW PROPOSAL NOTICE
APPENDICES
I. Summary of the Act
II. Description of Standard Industrial Classifications (SIC) Codes for Employees Covered by the Act
III. Development of the Environmental Hazardous Substance List
IV. The Environmental Hazardous Substance List:
A Breakdown by Chemical Category of Usage, Health Effects, Environmental Parameters, and Regulations
V. Diagram of the Selection Process Used in Developing the Environmental Hazardous Substance List
VI. The Environmental Survey - Part I and Instructions
VII. The Emergency Services Information (ESI) Survey Form
VIII. The Environmental Survey - Part II
I.. The United States Department of Transportation Optional Materials Table
.. Sections of the Worker and Community Right to Know Act Pertaining to the Department of Environmental Protection INTRODUCTION
The New Jersey Department of Environmental Protection (The Department) is proposing to adopt a new rule, N.J.A.C. 7:1G, by which it will carry out its responsibilities under the Worker and Community Right to Know Act, P.L. 1983 c.315, N.J.S.A. 34:5A-1 et seq. Specifically, the Department is proposing to designate an Environmental Hazardous Substance List for use in completing the Environmental Survey required by the Act, designate a Hazardous Materials List: for the reporting of substances which can become safety hazards in an emergency, and establish requirements for the completion of an Emergency Survey Information (ESI) Survey for the reporting of substances on the Hazardous Materials List.
Detailed information concerning the development of N.J.A.C. 7:1G is contained in the Notice of Proposal which appears in the New Jersey Register (April 2, 1984). The Notice of Proposal includes a copy of the proposed new rule; advance notice of the procedure the Department intends to follow concerning distribution of the Environmental Survey and the Emergency docu mented scientific evidence gathered during the development of the Environmental Hazardous Substance List.
Public Hearings on the proposed new rule will be held. The times and locations are listed in the Right To Know Proposal Notice which follows.
Interested persons may submit, in writing, data, views, or arguments relevant to the proposed new rule on or before May 9, 1984. These submissions and inquiries about submissions and responses, should be addressed to:
Dr. Judith Louis N.J. Department of Environmental Protection Office of Science and Research CN 402 Trenton, New Jersey 08625 ENVIRONMENTAL PROTECTION PROPOSALS
At the close of the period for comments, the Department of Environmental Protection may adopt this proposal, with any minor changes not in violation of the rulemaking procedures at N.J.A.C. 1:30-3.5. Upon adoption of these rules, a notice of the adoption shall be published in the Register. The adopted rules shall become effective upon publication of that notice of adoption in the Register. Copies of this notice and background material and refer ence sources, may be obtained from the Department and will be available for inspection until May 3, 1984, during regular operating hours at: State Library Reference Department New Jersey State Library 185 West State Street Trenton, New Jersey 08625
(a) County Libraries OFFICE OF SCIENCE AND RESEARCH County Municipality Burlington Mount Holly Camden Echelon Urban Worker and Community Right to Know Act Complex, Voorhees Environmental Hazardous Substance List Cape May Cape May Court House Cumberland Bridgeton Hunterdon Flemington Proposed New Rule: N.J.A.C. 7:lG-l,-2,-3, Monmouth Freehold and -4 and -5 Morris Whippany Ocean Toms River Authorized by: Robert E. Hughey, Commissioner, De Somerset Somerville partment of Environmental Protection. Sussex Newton Authority: N.J.S.A. 34:5A-1 et seq. and N.J.S.A. Public Libraries 13-.1D-9. Bloomfield, Cherry Hill, East Brunswick, East Orange, DEP Docket Number: 012-84-03. Elizabeth, Hackensack, Jersey City, Linden, New Brunswick, Newark, Paterson, Phillipsburg, Plainfield, Ridgewood, Sa Public hearings concerning this proposed new rule will be lem, Trenton, Wayne, Woodbridge, and Woodbury. held at the following times and locations: This proposal is known as PRN 1984-180. . April 30, 1984 2:00 to 5:00 P.M. and 7:00 P.M. until The agency proposal follows: the closing of testimony Summary Labor Education Center By this notice, the Department of Environmental Protec Cook Campus tion (hereinafter referred to as "Department", as appropri Rutgers, The State University ate), is proposing several actions pursuant to the Worker and Ryder Lane Community Right to Know Act, P.L. 1983 c.315, N.J.S.A. New Brunswick, New Jersey 34:5A-1 et seq. (hereinafter referred to as the "Act"): May 2, 1984 1. The Department is proposing for adoption a new rule, 2:00 to 5:00 P.M. and 7:00 until the N.J.A.C. 7:1G, by which it would designate an "Environ closing of testimony mental Hazardous Substance List" for use in completing the The Theatre in the Fine Arts Building Environmental Survey, designate a "Hazardous Materials College of Arts and Sciences List", and establish requirements for the completion of an Rutgers, The State University "Emergency Services Information (ESI) Survey" about Haz Fourth and Linden Streets ardous Materials present at specified facilities in the State; Camden, New Jersey 2. The Department is providing the public with advance notice of the procedure it intends to follow concerning distri Interested persons may submit in writing, data, views, or bution of the "Environmental Survey" about "Environmen arguments relevant to the proposed new rule on or before tal Hazardous Substances" and the ESI Survey; and May 9, 1984. These submissions and inquiries about submis 3. The Department is providing the public with informa sions and responses, should be addressed to: tion concerning the documented scientific evidence gathered Dr. Judith Louis during the development of the Environmental Hazardous New Jersey Department of Environmental Substance List. Protection Materials available for inspection at the above locations Office of Science and Research include copies of the Act and survey forms, additional infor CN402 mation on the development of the Environmental Hazardous Trenton, New Jersey 08625 Substance List, and a listing of Standard Industrial Classifica (609) 984-6070 tion (SIC) codes.
(CITE 16 N.J.R. 646) NEW JERSEY REGISTER. MONDAY, APRIL 2, 1984 - 2 -
PROPOSALS ENVIRONMENTAL PROTECTION
I. Summary of the Act ronmental Survey or the Department of Health's workplace On August 29, 1983, Governor Thomas H. Kean signed the survey, except for the identity of a special health hazard Worker and Community Right to Know Act (P.L. 1983 substance or information concerning emissions. The Depart c.315). The Act becomes effective on August 29, 1984. It ment of Environmental Protection and the Department of establishes a "comprehensive program for the disclosure of Health intend to jointly propose regulations concerning trade information about hazardous substances in the workplace and secrets in the spring of 1984. Additional regulations may be the community", and provides "a procedure whereby resi proposed concerning trade secret claims for information re dents of the State may gain access to this information." quired to be disclosed on the Emergency Services Information (Section 2 of the Act.) The four departments of State govern (ESI) Survey. ment responsible for administering the Act are the Depart ments of Environmental Protection, Health, Labor, and III. The Environmental Survey Treasury. The Department will conduct the Environmental Survey by The Department of Health is required to develop two haz distributing survey forms to employers. Due to the extensive ardous substance lists: a workplace hazardous substance list nature of the information required, the Department will con and a special health hazardous substance list. The latter list duct the Environmental Survey by way of a short form (Part contains particularly dangerous substances for which no trade I) and a long form (Part II). Part I will ask the employer to secret claims will be allowed. The Department of Health is enter the code for a response to four (4) questions about each further required to develop a workplace survey to assist em Environmental Hazardous Substance present at the facility. ployers in reporting the hazardous substances in use at their Part II will require employers to furnish detailed information facilities. In addition, the Department of Health is required to and data for over 22 questions on each Environmental Haz send employers fact sheets for each hazardous substance iden ardous Substance. All employers will be sent the short form, tified on a completed survey. and selected employers will receive the long form. The Department of Labor is responsible for the distribution While the Act requires the Department to send an Environ of the Workplace Survey to employers, investigation of em mental Survey to employers, it does not require the Depart ployee complaints, and assessment of fees. ment to send a survey to every employer. The Act provides: The Act establishes a Worker and Community Right to "Within five days of the effective date of this act (that is by Know Fund in the Department of Treasury. Fees assessed on September 5, 1984) the Department of Environmental Protec employers will be deposited in the Fund and used for the tion shall transmit an environmental survey to each employer administration of the Act. who(se) business activities, according to criteria developed by The Department of Environmental Protection is required to the department, warrant the reporting of the information develop an Environmental Hazardous Substance List. The required on the environmental survey. Trie department may Act also requires the Department to prepare and distribute an transmit an environmental survey to every employer." (Sec Environmental Survey to those employers it determines tion 6(b) of the Act, Material in parentheses added.) should comply with the Act. The Act applies to employers having a Standard Industrial Part I "short form" The Department proposes to begin a Classification (SIC) code within Major Group Numbers 20- phased distribution of the Environmental Survey. Beginning 39, 46-49, 51, 75, 76, 80, 82 and 84 (hereinafter referred to as September 5, 1984, the "short form" (Part I) Environmental "employer" or "employers"). Survey will be sent to all employers at a rate of approximately 10,000 per month. Since the master file of employers supplied Employers are required to: by the Department of Labor contains approximately 40,000 1) Report to the Department of Health those hazardous employers, the Department anticipates it will complete distri substances present at their places of business; bution of Part I in four months. 2) Maintain a file of basic safety information (supplied by Employers will be required to complete the following infor the Department of Health) about these hazardous substances mation on Part I: the names of the Environmental Hazardous for their employee's use; Substances present at the facility, the range of the maximum 3) Provide their employees with education and training on inventory quantity of each Environmental Hazardous Sub how to handle these substances; stance, the unit of measure, the major method of storage or 4) Label containers containing hazardous substances type of storage container and whether the substance is present within 18 months, and all containers within three years, with in a mixture. the chemical name of their contents; Employers will be required to transmit a copy of the com 5) Disclose to the Department of Environmental Protection pleted Part I form to the Department of Environmental Pro basic information concerning the storage, treatment, and tection and to the county health department (or county clerk emission into the environment of hazardous substances. if there is no health department). The Department of Environ All disclosed information on hazardous substances will be mental Protection intends to supply the employer with the available to employees at the workplace. Members of the appropriate county address. Employer compliance will be re community may obtain this information from county health quired within 90 days of receipt of a form from the Depart departments, and from the State Department of Health and ment. Department of Environmental Protection. Local police and fire departments will also receive information on Hazardous Part II "long form" The Department proposes to select Materials to help them plan for and respond to emergencies employers whose business activities warrant complete report involving hazardous substances. ing after a review of the information provided in Part I, however, the Department will develop a subset of employers II. Trade Secrets to receive the Part II form at an earlier date based on the The Act allows employers to protect Ieg:timate proprietary following considerations: Whether the employer is a major information by allowing them to make a trade secret claim hazardous waste generator, whether the employer is a major regarding any information required to be disclosed in an Envi producer of Environmental Hazardous Substances based on
NEW JERSEY REGISTER. MONDAY, APRIL 2. 1984 (CITE 16 N.J.R. 647) - 3 -
ENVIRONMENTAL PROTECTION PROPOSALS information reported on the Industrial Survey under approximate range of the maximum inventory, the unit of N.J.A.C. 7:1F, Standard Industrial Classification (SIC) code. measure, the major method of storage or type of storage Department enforcement investigations, proximity to envi container, and whether the material is present in a mixture. ronmentally sensitive areas, population density in vicinity of By limiting the requested information on Hazardous Mate facility, facilities which did not respond to the Industrial rials, the Department will be able to fulfill the legislative Survey, areas under public health investigations, number of intent without requiring employers to provide detailed envi employees at a facility, areas with a high incidence of disease, ronmental release information on substances not necessarily and a determination that such information would enable the deemed to be environmental hazards. Department to carry out its responsibilities under federal and Employers will be required to transmit a completed copy of State law. the completed ESI Survey to the local fire department and the In order to enable employers to report the use and environ local police department and to the Department of Environ mental release of Environmental Hazardous Substances at mental Protection. Employer compliance will be required their facilities, the Department will use a printed Part II "long within 90 days of receipt of a form from the Department. form". The Act requires that information on the Environ V. The Hazardous Materials List mental Survey include, but not be limited to twelve categories: One of the major purposes of the Act is to provide local 1. The chemical name and Chemical Abstracts Service health, fire, police, safety, and other government officials number of the environmental hazardous substance; with detailed information about hazardous substances used 2. A description of the use of the environmental hazardous and stored in their communities so that they can respond to substance at the facility; emergencies and enforce compliance with applicable laws and 3. The quantity of the environmental hazardous substance regulations. There are numerous substances with may pose produced at the facility; problems for emergency response personnel, but which are 4. The quantity of the environmental hazardous substance not likely to be environmental health hazards in non-emer brought into the facility; gency situations. 5. The quantity of the environmental hazardous substance In order to gather information on these substances, the consumed at the facility; Department is proposing regulations which establish a list of 6. The quantity of the environmental hazardous substance Hazardous Materials in N.J.A.C. 7:lG-4, as distinct from shipped out of the facility as or in products; Environmental Hazardous Substances in N.J.A.C. 7:lG-2. 7. The maximum inventory of the environmental hazard The Department further proposes a rule to require the report ous substance stored at the facility, the methods of storage, ing of Hazardous Materials on a separate survey form - the and the frequency and methods of transfer; Emergency Services Information (ESI) Survey, N.J.A.C. 8. The total stack or point-source emissions of the environ 7:lG-5. mental hazardous substance; For the purpose of N.J.A.C. 7:lG-4 and -5, the Depart 9. The total estimated fugitive or non point-source emis ment proposes to define Hazardous Materials as those sub sions of the environmental hazardous substance; stances listed by the United States Department of Transporta 10. The total discharge of the environmental hazardous tion (USDOT) on the Optional Materials Table in Title 49 of substance into the surface or groundwater, the treatment the Code of Federal Regulations, Part 172.102, as amended methods, and the raw wastewater volume and loadings; by publication in the Federal Register, 48 Fed. Reg. Vor. 48, 11. The total discharge of the environmental hazardous No. 211, pp. 50234 - 50279 (Oct. 31, 1983). The Department substance into publicly owned treatment works; of Environmental Protection proposes to adopt the USDOT 12. The quantity and methods of disposal, of any wastes list, as amended, by reference. containing an environmental hazardous substance, the Amendments by the USDOT to its above-cited list shall method of on-site storage of these wastes, the location or become amendments to the Department of Environmental locations of the final disposal site for these wastes, and the Protection's Hazardous Materials list upon publication of a identity of the "hauler of the wastes." (Section 3(k) of the notice of such amendment in the New Jersey Register. Any Act.) other amendments to the Department of Environmental Pro Employers will be required to transmit a copy of the com tection Hazardous Materials list will be in accordance with the pleted "long form" to the Department and to the county notice and comment rulemaking requirements of the Admin health department (or county clerk if there is no health de istrative Procedure Act. partment). The Department of Environmental Protection in The Worker and Community Right to Know Act contem tends to supply the employer with the appropriate county plates that there will be a periodic revision to the Environmen address. Employer compliance will be required within 90 days tal Hazardous Substance List. It establishes a Right to Know of receipt of a form from the Department. The Department Advisory Council which shall advise the Department on revi will attempt to provide assistance, as requested. sion to such list. The Department's future determinations on whether to add substances as Environmental Hazardous Sub IV. Emergency Services Information (ESI) Survey stances will be based, in part, on the level of use of substances The Department will require each employer to complete a in the State. As a method of obtaining this use information, separate survey, called an Emergency Services Information the Department will evaluate information reported on the (ESI) Survey, about Hazardous Materials present at his facili Hazardous Materials at facilities throughout the State. ties. Since the extent of the safety risk posed by these mate rials is related to the quantity of the substance and the type of VI. Environmental Hazardous Substances List container, the Department will require the following informa The Act directs the Department of Environmental Protec tion: tion to develop an Environmental Hazardous Substance List The name of the Hazardous Material and its corresponding which: "shall include, but not be limited to, substances used, United Nations (U.N.) number, the United States Department manufactured, stored, packaged, repackaged, or disposed of of Transportation designated hazard class of the material, the or released into the environment of the State which, in the
(CITE 16 N.J.R. 648) NEW JERSEY REGISTER, MONDAY. APRIL :. 1984 - 4 -
PROPOSALS ENVIRONMENTAL PROTECTION department's determination, may be linked to the incidence of 2. Human-Suspect* - Sufficient epidemiological evidence, cancer; genetic mutations; physiological malfunctions, includ which indicates that a causal interpretation is credible, but ing malfunctions in reproduction; and other diseases; or that alternative explanations, such as chance, bias or uncer which, by virtue of their physical properties, may pose a tainty due to multiple influences, could not adequately be threat to the public health and safety. The department shall excluded. base the environmental hazardous substance list on the list of 3. Animal* - Sufficient evidence of carcinogenicity, which substances developed and used by the department for the indicates that there is an increased incidence of malignant purposes of the Industrial Survey Project, established pursu tumors: (a) in multiple species or strains; or (b) in multiple ant to P.L. 1970, c.33 (C.13D-1 et seq.) and P.L. 1977, c.74 experiments (preferably with different dose levels); or (c) to (C.58:10A-1 et seq.), and may include other substances which an unusual degree with regard to incidence, site or type of the department, based on documented scientific evidence de tumor, or age at onset. Additional evidence may be provided termines pose a threat to the public health a.nd safety." (Sec by data on dose-response effects. tion 4(a) of the Act.) 4. Animal-Suspect* - Limited evidence of carcinogenicity, The Department proposes to include 153 substances on the which means that the data suggest a carcinogenic effect but Environmental Hazardous Substance List; 97 were retained are limited because: (a) the studies involve a single species, from the Selected Substances List of the Industrial Survey strain, or experiment; or (b) the experiments are restricted by Project and 56 other substances were add.ed which pose a inadequate dosage levels, inadequate duration of exposure to potential threat to public health and safety. the agent, inadequate period of follow-up, poor survival, too The Department established the following criteria to be few animals, or inadequate reporting; or (c) the neoplasms used in developing the Environmental Hazardous Substance produced often occur spontaneously and, in the past have List and determined that it would include substances which been difficult to classify as malignant based on tissue charac met both criteria. teristics alone. Criteria 1: Evidence of a significant rate of use, produc 5. Animal-Cocarcinogen - A cocarcinogen increases the tion, or importation in New Jersey or the United States, The overall carcinogenic process when administered with the car Department considered 10,000 pounds per year in the State or cinogen. the country to be significant; and 6. Animal-Promoter - A promoter increases the tumori- Criteria 2: Evidence of at least one of the following health genic response when administered after the carcinogen. or environmental effects: carcinogenicity, t>;ratogenicity, mu- * Derived from IARC Monographs of the evaluation of the tagenicity, other chronic toxic effects, acute toxicity, persist Carcinogenic Risk of Chemicals to Humans, Supplement 4, ence, or ability to bioaccumulate. International Agency for Research on Cancer, World Health The Department reviewed documented scientific evidence in Organization, October, 1982. order to determine which substances would meet the above criteria. The Department considered the following to be docu C. Mutagenic Evidence mented scientific evidence: technical information appearing in 1. In vivo - Mammalian - Alteration of the genetic material the available literature, MEDLARS computerized databases, of a live mammal following exposure. the New Jersey Industrial Survey Project, a.nd data submitted 2. In vivo - Other - Alteration of the genetic material of a and collected by other government agencies. live non-mammalian organism following exposure. The Department established standards for use in determin 3. Host-mediated assay - Alteration of the genetic material ing whether a candidate substance met the above criteria. in indicator cells (e.g., bacteria, mammalian, human white These standards were established after reviewing documented blood cells) implanted in a host animal which is treated with scientific evidence. These standards or ''categories" were the test agent and then acts as the source of chemical biotrans- found to be widely accepted in the scientific community. formation. What follows is a summary of categories used in evaluating 4. In vitro - Mammalian cell - Alteration of the genetic candidate substances. The categories (A through L) are not material in cultured mammalian cells. arranged in any order of priority. Within each category, how 5. In vitro - Microorganisms - Alteration of the genetic ever, the Department lists subcategories in order of impor material in cultured microorganisms (e.g. bacteria, yeast). tance. 6. Chromosomal aberrations - Deviations from normal Immediately following the table of "categories", is an ex chromosomal structure, including breaks, gaps, rearrange tensive summary of the Department's basis for proposing ments and fragments, sister chromatid exchange and change Environmental Hazardous Substances. Tie table should be in chromosome number. Only in vivo experiments were con referred to in examining this summary. sidered under this category. D. Teratogenic Evidence - A teratogen is any substance that VII. Environmental Hazardous Substance List - Categories can cause a structural, biochemical, or functional abnormal A. Production, Use, and Imports ity in the developing fetus. 1. Substantial - Greater than or equal to 1 million Ibs/yr. 1. Human - Epidemiological study with statistical valida 2. Moderate - Greater than or equal to 10 thousand Ibs/yr tion. and less than 1 million Ibs/yr. 2. Animal - Teratogenic effects observed in 2 species - 1 3. Minor - Greater than or equal to 1000 Ibs/yr and less rodent and 1 non-rodent than 10 thousand Ibs/yr. 3. Animal - Suspected - Teratogenic effects observed in 1 4. Insignificant - Less than 1000 Ibs/yi. species and/or at high doses. B. Carcinogenic Evidence E. Embryotoxicity - An embryotoxic substance is one which 1. Human* - Sufficient epidemiologkial evidence, which can cross the placenta and exert a damaging effect on the indicates that there is a causal relationship between the sub developing embryo resulting in either stillbirth or reduced stance and human cancer. birth weight.
NE\V JERSEY REGISTER. MONDAY, APRIL 2, 1984 (CITE 16 N.J.R. 649) - 5 -
ENVIRONMENTAL PROTECTION PROPOSALS
F. Fertility and other reproductive effects - Includes steril ity, reduced number of offspring, reduced sperm function and counts, impotence and reduced libido, menstrual effects, spontaneous abortions, absorption of the early embryo by the ^ s. \t ID I'HLi JKIDE " body, premature births, and changes in sex ratio. G. Other Chronic Health Effects - Includes neurotoxicity impairment of hemopoietic system, organ dysfunction, and Rer-JUied-Fsderai behavioral effects. Pn.
1. Frequent - Present in greater than or equal to 10% of all ulrt. samples. mammalian & mKTOorgani-.fi Regulated-Federal 2. Moderate - Present in greater than or equal to l^b and Proaiw:ion-,ubsiami;ii in LS less than 10% of all samples. '_ ,e-modcra!e in \J mammalian i. mn.n)organiMT 3. Infrequent - Present in less than 1% of all samples. Acme ioucii\-jquai[.. biou Rcaulaieil.Fedcral J. Bioaccumulation - Refers to the sorption and storage of Carenoaenn. evidence-animal the unchanged chemical by an organism. Muta^cmc evidence-m MUI inn MuOKenic evidence-in iiro 1. Known - Determined by the direct measurement of an mammalian & mi-.roi.irttjni-.ir organism. ALIPHATIC HVDROCA 2. Potential - Based on physiochemical parameters, such as Bmadiene U06-**-U> log octanol/water partition coefficient. MutagL'nic evidence-in viiro mi RcaulatoU-hcUeral K. Persistence - The tendency of a substance to remain in AMIDES Acci amide" Production A. j-.e-ni.inu m N) the environment and retain its physical, chemical, and func (60-35-5) Car^inogenii: e'-idenw-jnimai , Benzamide" tional characteristics without undergoing degradation or (55-:i-m transformation. It is measured by "half-life" which is the ANHYDRIDES Maleie anri>dndc' time required for a given concentration of a substance to be '108-31-6) Reaulaied-Federai Phthalie anfivdnde ProdUL-non-unkno>*n jmouni ni LS reduced by 50%. (85-44-4, 1. High - A half-life greater than 6 months. AROMATIC AMINES 2. Moderate - A half-life of from 48 hours to 6 months. Aniline- 3. Low - A half-life of less than 48 hours. 162-53-3) Cjrcmoiwnii: evidence-ammdi -u^re.i Regu Idled-Federal L. Regulated o-Anisidme lmpor:l-^ub^taIlC!al in LS (O-Mijthoxvdniiirui C-ircinojenic evidence animal 1. State 2. Federal ,90-04-0) HO R«gulamd-F«deral VIII. Summary of Findings for Candidate Substances 1134-29-2) p-Amsidine ien r Jdij (p-MetnoKwnilintM Regulated-Federal jMon ai Below is a summary of the Department's findings for each (iiM-W-l) HC1 of the candidate chemical substances considered for inclusion (20265-^-8) Bcruidine* Produciion and u^e-nonc in M on the Environmental Hazardous Substance List. The chemi («-r-5t cals reviewed were classified according to their chemical HC1 (14414-63--) Carcinogenic c group. Chemicals within a group, therefore, have similar :HC: Muugemc cvid
structures. These groups are arranged alphabetically, as are H-.SO, Rc-iulatcd-FeJeral chemicals within each group. Common synonyms are listed lfj"t-36-:i when applicable, and for some groups, the salts of certain 2-Bipfienviam chemicals have been included. In addition, the Chemical Ab stract Services (CAS) number is listed. The CAS number is a 4-CJiloro-m-phen^l- unique identifier for each chemical substance. For each candi enediamme date chemical substance, one of four proposed actions is listed. They are: 1. "Retain"- means a candidate is on the Selected Sub Resulaieu-Federal stances List, N.J.A.C. 7:1F, and is proposed as an Environ p-Cresidmc Production & imponi-suDsiannai m US Include mental Hazardous Substance.) i J-Metnyi-o-anisidtne) Carcinogenic evidence-animaJ 1120.71-8) Muiagemc evidence-m vitro 2. "Delete"- means a candidate is on the Selected Sub microoriamsms stances List and is not proposed as an Environmental Hazard ous Substance. 3. "Include"- means a candidate is not on the Selected mammaiian JL mi Substances List and is proposed as an Environmental Hazard Rcau idled-Federal ous Substance. ^,-t-Diammototuene* L--e-moderj:e n 4. Insufficient data for inclusion at this time. Compounds originally on the Selected Substances List are denoted by an asterisk (*).
(CITE 16 N.J.R. 650) NEW JERSEY REGISTER, MONDAY, APRIL 2. 1984 - 6 -
PROPOSALS ENVIRONMENTAL PROTECTION
Chemical iSvnonvmsi Proposed :C\S Numben Basis lor Proposed A;non iCAS Number! Basis for Proposed Acnon Action
Production A use none reported in^iiiciunt Jaia i N'J R«4I Reauiatea-Fcderai or n.-luston Jt Dejection m environmental meaia-frequem Hmh phoiocnemicai rcacnvnv Reauiated-HederaJ i9i-"Mi (one NJ producer liiied) :or inJuiion at Naphthalene" Production & use-substantial in NJ Retain Regulated-Federal 'his ;ime (91.20.3) Other chrome hcuiih effects !,3 -Dichlorobenzidine* Use-substantial m NJ Retam Detection m environmental media-moderate Carcinogenic evidence-animal Bioaccumulation-known :HCI Mmagenic evidence-in vitro Regulated-Federal 1612-83-91 microorganisms Styrene Production i imports-substantial m US Include Regulated-Federal (100-42-5) Carcinogenic evidence-animal suspect 3.3 -Dimethvlbcnzidme Imports-moderate in LS Include Mutagenic evidence-in vivo tmcct (O-Telidme) Carcinogenic evidenve-ammal suspect Mutagenic evidence-in vitro microorganisms 1119-93-") Mutagenic evidence-host mediated asiay Mutagenic evidence-Chromosomal aberra 2HC! Muiagemc evidence-m vitro tions [612-82-81 mammalian & microorganisms Detected in air-frequent Regulated-Federal High photocnemical reactivity 4,4 -Mettnlene Production-substantial in NJ Retain Regulated-Federal Carcinogenic evidence-animal Toluene" Production & use-subfianiial m NJ Retain tMOCA) Muiagentc evidence-in vitro H08-d8-3> Detection in environmental media-frequent (101-14 - 4) mammalian & microorganisms High photochemical reactivity Regulated-Federal Regulated-Federal 4,4 -Methylenebis- Production-substantial m LS Include Xylenes Production & imports-substantial in US Include (N,N-dimethyl) Carcinogenic evidence-animal suspect (1330-20-7) Detected in air-frcquem benzenamine Mutagenic evidence-host mediated as lav High photochemical reactivity ilOl-61-lJ Mutagenic evidence-in vuro Regulated-Federal microorganisms 8. AZO COMPOUNDS Production & imports-moderate m L5 Include SEE DYES-C 1 Solvent Idlow [ Carcinogenic evidence-animal (60-09-3) Mutagenic cvidence-m vuro Diazomethane Lse-no commercial m microorganisms (334-88-3) Carcmogenic evide-nct ammal suspect tor inclusion ai Regulated-Federal Regulated-Federal ihis time 1.5-Napnthalenc
NEW JERSEY REGISTER, MONDAY, APRIL 2, 1984 (CITE 16 N.J.R. 651) - 7 -
ENVIRONMENTAL PROTECTION PROPOSALS
r Proposed Action
intu
Reeulaied-Federa!
Ttfratoaenit ,'vidence-anirnal -.U-.CN;.'! Dele! i ReHulatea-Federal Dimethyl pnihaiato" Pnjdufiion-MiDstann.il in LS (I31-1I-?) L^e-moderate m \J Muuizenic e^idenuc-.n M;-O Teraioaenk svidence-animal suspcc: Regulaied-Federal ReHuiaicd-Feddrat Di-n-octvl phtnalate* Lse-iubMantiat in NJ Proiluciion-unkno^n amount in IS Teratoaemc evidence-ammai suspect uour \J producers listed) Bioaccumulation-Kno*n Cjivinoaenu: evidence-annual Regulated-Federal Mucagenic e\idence-in Mtro Methvlmethacrvlate P^oduclion (N. importvsubManual m L ISO-42-61 Mutagenic evidence-in vtiro nucroorw Production-moderate in \J Reaulated-FeJeral Carcinogenic evidence-animal -.uspect Production-suPsiantiai in LS (108-Of-*) Regulated-Federal Production-moderaie in \J Carcinogenic e\idence-animal suspect 13 ETHERS & LACTONES M EPOMDES Bis <:-chloroc!h>l} Lse-insigmncani m NJ Protiuction-substantui m IS ether* Carcinogenic evidence-animal suspect Mutaaenic e^dence-m vuro (Dichloroethvl ethen Mutagenn: eudencc-m \no insects microorijaniimv Ml l-44~i| Mutagemc eMdc,ii.e-in vitro Hegulatsd-Federai microorganisms P'ouuftion i iiie-noiu :n LS Reeulatea-Federal Production-none m LS Muiagenic evidence-in -.ivo insect Carcinogenic evidence-human Muiayenic <\id«;nce-nost meautea a»-,jv \1uia?enii; evidence-in vitro Mutagemc evidence-in vuro mtcroorganixns microoraanisms Rcguuted-Federal Ksguiated-Fvderal Produt-tion-none m LS Insuiticieni aata 8i>(2-chloro-l- Producuon-signit'k-ant m LS Rtfgulaied- Federal ior inclusion at meth\l«ri>l) other Muiagemc evidence-in vjiro :rm nme lOichloroisopropyl mic Eptcnlorohvdr Lsc-subiiantial m NJ Retain ether) Regulateo-Federal ll-Chloro-2.?- Carcinogenic evidence-animal 108-60-11 Muiawmc e\idence-in -.no insect ;-Cnlorc«tnv| v,n>l Production-unknown amount m LS Insutiiciem data Mutaaemc evidence-in mro ether Regulated-Federal for inclusion at 1110-75-8) Regulaied-Federal & S:ate Chloro-methvl methvi Eihvlene oxide Prjaua-on & i m ports--. ub« an nal rn LS eth«r Carcinogenic evidence-numan VT p nclusion Jt iE-01 (HT-JO-21 Carcinogenic evidence-animal p riis iime Muugenic evidence-m MVO Mutagenic evidence-in vuro mammalian i insect* \tuiauenic e%idence-in vitro Regulated-Federal mammalian i microorganisms Decabromodipnenyl Muugenic ^Mdence-Chromownal aoerra- jiidc' (Decabromobionenyi ether) U163-I9-5) Regulated-Federal 4,4 -Diammodipnenvl Imports-moaerate in LS Glycidaldehyde Production -none in US Insufficient data ether Carcinogenic evidence-animal (2.,3-Epoxypropanal) Carcinogenic evidence-animal suspect Tor inclusion at 1101-80-4) Mutagenic evidence-in Mtro (765-34-4) Muiagenic evidence-m vitro thu time microorganisms microorguiiims f ,4-Dio\anc" Production & use-moderate m LS Regu laced -Federal (123-91-1) Carcinogenic evidence-animal Proauaion-minor m LS Insuiticiem dau Regulated-Federal & Stale Mutagemc evidence-in Miro ior inclusion at beia-Propiolactone* Production-insignificant m LS propane) microorganisms Carcinogenic evidence-animal .5S6-H-S) Regulaied-Federal Mutagenic cvidcnce-m vuro Propvlene o\id<* LNe-subMannal m NJ mammalian & microorganism;. Carcinogenic evidence^animal suspect Regulated-Federal. Muiagenic cv1dence-in ^ivo msect Production 4. impons-suoManiial m L Mutagenic evidenoe-in v»ro Carcinogenic eMi3encc-animai (nicrooraanisms Mutagenic evidence-host mediated ass Rceulaced- Federal Prcducnon-moderate .n LS mammalian & microorgjnivrrn Carcinogenic jvidence-animai , aspect Reauiaied-Federal ^luiagenic evidence-in MVO insect T?irah>droiuran Production-onkno^n amoun; .n LS Murajenic evidence in \itro (THF) Regulated-Federal
Resuiated-Federal imimicieni jaia 14 HALOGENATED ALKANES BromoJorm* L-e-mmor in M Muugenic e\ijenc< Mutagenic svidence-m \itro microoraanums Xsiiuiaied-Federal Detection m environmental media-m Regulated-Federal P---itluc:icin-minor Carbon setracnionJe" Production &. use-moderate ;n NJ Carcmouenu evidence-animal EmDr>otoMciis Detection in environmental meJia-
ReBiiiated-Federal i State
L -e-suossantial .n NJ Care mmai Carcinogenic evidence-jn ,-n Mmagenii. evidence-in ^ivo i Detect-on -n environmental medi T.-raiOKemc jviuenuc-animai Regulated-Federal i State l.:-Dibromo- Prouucnun .* jse-none -nloroprop; IDBCP' R e^uiaied-Federal
(CITE 16 N.J.R. 652) NEW JERSEY REGISTER, MONDAY, APRIL 2, 1984 PROPOSALS ENVIROiNMENTAL PROTECTION
Chemical Chemical iSvnonvms) Proposed iSynonyms) Proposed tCAS Number) Basil p or Proposed Action Vuon iCAS Number) Basi^ for Prooo«ea Action Action
,s"ft8-"°'° Oelcte .E^v'cilej^rom^e) i jrc:nu«nw sv '^^11^1 a/' Carcinogenic ^idcnce-animdi mspeu EDB>
He\ucniorocvdopen- Produtnon A. a-e-nonu reportea
Dctecp.:on in environmental media- Reguuiea-Fedcral noderaie to Irequeni Teirai-hioroetnviene' L^'-iuostannai m NJ Retain Rt;uulaieu-FeUorai & State (Percfilorofinviene) Mutagemc evidence-in mro r<-r-4, Detection m environmenial rneilia mtcroorganitms moderate to frequent Detection in environmental media- Rsauidtcd-K'deral trequert l.i-Dichtoroetrtane Production <& use-none reported lnsu|tic;em Jata Reguiaicd-Fecleral i State l '5-34-3) Detection in environmental media- ror inclusion at Trichloroethvlene* Retain (-9-OL6I Ream at ed- Federal Mutagemc evidence-in vitro 1,; DichUToetnane" Pr^Juc; ton -moderate m NJ Retain microorganism^ n(>--,*-:i Deieuion in envirormental media- ' requent Mutagemc evidence-in MVO Reguiaied-Federal & State :nsects & plants Vmyl bromide* L^e-insisniiieant m NJ Delete Mutagenic evidence-in vitro (593-60-2) Muiagenic evidence-m vitro microorganisms microorganiimi Detection m environmental media- Regulated -Federal moderate to frequent Vinyl chloride" Lse-,ubsian(ial in NJ Retain R emulated- Federal &. State i" 5-0 l-4> Cjrcinogenic evidence-human Dichloromethjne" L-c-ubsiamialm NJ Retain Carcinogenic evtuence-jnimal 'Methviene ;.ilonde) Mutagenic evidence-in vivo msecti Mutaaenic cvidence-m \ivo insects r"-09^l Mutaaeniv evidence-in vitro microorganisms mammalian * microorganisms Detection in environmental media- Mutagenn. jviuence-Chromosonal aOerra- ; requent :ions Regulated- Federal &. State Embrvotoxicitv 1 .^-Dicniorocropane* Production-substantial m US Retain Detection m envronmemal media- l"H-S7-5i Mutagenic evidence-m vitro ("rcquent (airi microorganisms Re2Utatea-Fcdi;rai & State Detection in environmental media- V inylidene chloride* Lse-,niigniricant in NJ Delete infrequent (l.l-Dichioroetnvlencl Carcinogenic evidence-animal suspect Regulated -Federal & State (71-35-4) Mutagemc evidence-m vitro Ethyl chloride Production-substantial in US insufficient data microorganisms iChloroerhanet Detection in environmental media- lor inclusion at Detection in environmental media- (75-00-3) frequent (air) thin time -riodeMie io frequent Regulated-Federal Regulated-Federal i State Hexachloroethane" Uic-moderatc m NJ Retain 16. HAIOGENATED AROMATICS (6---MJ Carcinogenic evidence-animal fuspcct Benzal cMonue Production-subsaniiai in LS Include Regulated-Fed erat ifDichloromethyl). Carcinogenic evidence-animal suspect Methvl bromide' L ie-moderaie in NJ Delete benzene) Mutajjemc SMuence-m vitro (-4-83-9) Regulated-Federal & State (98-87-3) microorjamsms Meihvl chloride" Production 4 use-iubstantia! in NJ Delete Regulated- t-ederal 1 7-M7-1) Detection m environmental media- Benzotnchloride PnDducnon-ufasiantiai m LS Inuude requc-ni (airi ((Trichloromethvl)- Carcinogenic eviden^-e-anima; Regulated -Federal b«nzene) Muiagenic evidence-in vitro Methvl iodide Production- moderate in US Include (98-07-") microorganisms ,"4-)J8-4j Carcinogenic eviaence-ammal suspo:t Regulated- Federal Mutagenic evidence-in vitro Benzyl bromide Production-unknown amount m LS [nsulticient jata microorganisms ((Bromom«hyl)benzcne) Muiagenic evtdencc-m vitro tor inclusion at Regulated -Federal (i 00-39-0) microorganisms this time 1,1,2,2-Tetrachloro- Production-minor in NJ Retain Acute !oxi..!tv-anuatic biota Lse-moderate in NJ Regulated- Federal ("9-34-5) Carcinogenic evidence-animal suspei;t Benzyl chloride include Muiagenic evidence-in vitro ( ( C,h loromet n y 1 ) benzene I Carcinogenic evidence-animal suspect microorganisms (100-44-*) Mutagenic evidence-in vitro Teratogemc evidence-animal 'luspcct mammalian & microorganisms Detetlion in environmental media- Regulated -Federal infrequent to moderate Chlorobcnzenc* Production-moderate m NJ Retain Regulated -Federal & State ( 108-90-7) Lse-subsiannal in NJ 1,1.1-Trichloroethane' L'se-iubstantial in NJ Re;am Detection m environmental media- -Methvl ;hlorolorm) Mutagenic evidence-in vitro moderate :o frequent ri-55-6) nicroorganisms Bioaccumulaiion-poieniial Detection m environmental med:a- Persistence-high rsquem Reguiaieu-Fcderal Reguiated-Feceral & State H-Chloronaphthalene* Production i Use-none m LS Delete 1.1.2-Trichloroethanc* L-,e-moderate m NJ Retain 191-58--) Bioaccumuianon-poiemia! T9-00.5 1 R eg uiated- Federal 1 ,Z-Dichiorobenzene' Lse--.ubstantiai m NJ Retain m requent i 95- 50- II Bioatrcummation-potennal ReEUiateu-Federal Detection m environmental meUia- moderate to fuqucn: "5-69-4) Detection in environmental media- Per^isience-hign ^reauent lain Reuuiated-Feueral Rcguiaied-Feueral 1,3-DichloroBcnzcne" Production & use-none reported Deiete 15 HALOGENATED ALKENES (54l."3-h flioaixumulai ion-potent lal MKl .-hlonde' Lstf-moderatc m NJ Retain Persistence- nigh < t-Oioro-Z-propanei Carcinogenic ;udence-animal susptfi.'i Regulated -Federal 10-4)5-11 Mutagenic sviaence-m -itro 1,-t-Dichlorobenzcne* Rciam (1 06-46-") Detect, on m environmental mcdia- Regulated- Federal & State moderaie to ireauent Chloroorene" Lss-mooerate in NJ Retain Bioaccumuiai ion- ooiemal i I26-'W-^| Mutawenic evidence-in vivo m«c:< Persisience-nien Mu:a«nic evidence-in vitro Regulated-Federal -iicroorHanisms Hexachlorooenzene' Produwiion-moderan: -rt Nj ^srain \luiaaenic yMdcnce-Chromosomai aberra- M18--4-I , .asb'.proauct) -lons Laicmu^enic ivniencs-jnimai
NEW JERSEY REGISTER, MONDAY, APRIL 2, 1984 (CITE 16 N.J.R. 653) - 9 -
ENVIRONMENTAL PROTECTION PROPOSALS
Chemical !-Synonvmsi .Synonymil Proposed •C\& Number) Basis for Proposed Action (CAS ^umD Basis -or Prooosed \c*\a \aion
ProduCtion-none :n LS or NJ Dejection 'u environmental Lse-none m NJ iirequum >o fequcm Carcinogenic evidence-animal suspect Regulated-Federal Chromium & Salts' Use-substantial m NJ Rjauiaied- Federal C 440-47-3) Carcinogenic evidence-human Polvbrommaied Production & Jve-none Carcinogenic evidence-animal bionenvl*;* Tiiraiogcmc evidence- Jin Muiagenic svidcnce-m vivo mammalian iPB8» Mutagenic evidence-in vitro (59536-65-1 Persisience-mgn mammalian <& microorganisms '63S5-OI-3 Mutagenic evidence-Chromosomal abcrr lions Regulated-Federal 1.1654-09-6) Copper & Salts' Use-substantial in NJ Polycti formated Use-moderaie m NJ ,7440-50-8) Acute toxicity-aquatic biota biphenyls* Carcinogenic evidence-a mm, Bioaccumulat ion-known EmhrvoiOMcity Persistence-high Detecnon in environmental Regulated-Federal moderaic Cyanide Ion* Use-substantial Deieciion in marine orgams 15742-5) Acute toxicity-human Potassium cyanide \cute toxicity-animal Persisience-higri (151-50-8) Regulated-Federal Regulated-Federal & State Sodium cyanide Polychlonnatcd Production & use-none (141-33-9) mphcnvls* Lead & Salts & Use-substantial ,n NJ (12642-23-8) or ganomet allies* Carcinogenic evidence-animal 17. HYDRAZINES 1743^-92-1) Teratogcnic evidence-human 1,1-Dimethyl hydrazine* Production it use-none m NJ Fertility effects (57-14-7) Carcinogenic evidence-animal suspect Other chronic health effects Muugenic evidence-in vitro Bioaccumulation-Known mammalian & microorganisms Regulated-Federal Regulated-Federal Manganese & Salts Production-substantial m US Insufficient data 1,2-Dimeihyl hydrazini Production & use-none reported Insufficient data (7439-96-5) Regulated-Federal :or inclusion at 1540-73-8) Carcinogenic evidence-animal for inclusion at this time Mutagenic evidence-in vitro Mercury & Said & Use-moderate m NJ Retain microorganisms organometallics* Embryotoxicity Regulated-Federal 17439-97-6) Other chrome health effects 1,2-Diphenyl hydrazine Production & imports-moderate in US Bioaccumulat ion-known {Hydrazo benzene) Carcinogenic evidence-animal suspect Reguiated-Federal & State (122-66-7) Bioaccum illation-potential Nickel 4 Salts* Use-substantial in NJ Regulated-Federal (74W-02-Q) Carcinogenic evidence-human suspect Hydrazme* Production-minor m NJ Carcinogenic evidence-animal 1302-01-2) Use-moderate in NJ Teratogemc evidence-animal suspect .H,0 Carcinogenic evtdencs-animtl Regulated-Federal (7803-57-8) Mutagenic evidence-in vitro Selenium & Salts* Use-minor in NJ Delete H-,SO4 microorganisms (7^82-49-2) Regulated-Federal U0034-93-2) Regulated-Federal Silver & Salts' L'se-suoscannal in NJ Delete Methyl hydrazine Production-moderate m US (7440-22-4) Regulated-Federal ,60-34-11 Carcinogenic evidence-inimal suspect Thallium & Salts* Production & use-none m NJ Delete Mutagenic evidence-in vivo mammalian (7440-28-0) Bioaccumu lac ion-known Mutagenic evidence-in vitro Regulated-Federal mammalian & microorganisms Zinc & Salts* Use-moderate in NJ Delete Teratogenic evidence-animal suspect < •'440-66-1) Regulated-Federal Regulated-Federal 20. ISOCYANATES Semkarbazide Production-none reported Insufficient data Toluene-2,4- Product ton-substantial in US (Hydrazine carboxamide) Carcinogenic evidence-animal suspect for inclusion at diisocyanate vone producer in NJ) (57-56-7) Mutagenic evidenc<-in vivo insect this time ,584-84-9) Carcinogenic evidence-animal suspect .HCI Mutagenic evidence-in vitro Mutagenic cvidence-m vitro (563-41-7) mammalian & microorganisms microorganisms 18. IM1DES Regulated-Feaeral Etnyleneimme* Production-substantial in US Retain Toluene-2.6- Production-substantial m US (151-56-4) Use-minor m NJ diijocyanaie Carcinogenic evidence-animal suspect Carcinogenic evidence-animal suspect (91-08-7) Regulated-Federal Mutagenic evidence-in vivo 21 KETONES insects & plants [sophorone Production & use-unknown amount in US Insufficient data Mutagenic evidence-in vitro (78-59-1) Regulated-Federal for inclusion a: microorganisms ihis cime Regulated-Federal & State 22. LACTAMS Propyleneimme* Production & use-Unknown amount in US Delete Caprolactam Production-substantial in US Insufficient data (75-55-8) Carcinogenic evidence-animal suspect (105-60-2) Regulated-Federal for inclusion at Mutagentc evidence-host mediated assay :his time Mutagenic evidence-in vitro N-Vinyl-2-oyrrolidinone Imports-substantial m US Insufficient data mammalian & microorganisms 188-12-0) or inclusion at Regulated-Federal :his iime 19. INORGANICS 23. NITRILES Antimony & Sales* Ute-substantial in NJ Retain \crylomtrite* Use-substantial m NJ (7440-36-0) Carcinogenic evidence-human suspect M07M3-1) Carcinogenic evidence-human suspect (salt-Antimony cnoxide) Carcinogenic evidence-animal Regulated-Federal Mutagenic evidence-in vitro Arsenic & Saks* Use-substantial in NJ microorganisms (7440-38-2) Carcinogenic evidence-human Regulated-Federal Teratogenic evidence-animal 24. N1TRO COMPOUNDS Regulated-Federal A State 2.4-Dimtrotoluene* Production-suostantiai in NJ Asbestos' Use-substantial in NJ (121-14-2) Carcinogenic evidence-animal suspect M 332-21-4' Carcinogenic evidence-human Muiagenic evidence-in vivo mammalian Carcinogenic evidence-animal Mutagenic evidece-in vitro Regulated-Federal & State microorganisms Barium & Salts Use-substantial in US insufficient data Detecnon m environmental media- (7440-39-3) Regulated-Federal for inclusion at infrequent :o moderate :his ;ime Regulated-Federal Beryllium & Sails* Use-moderate in NJ Retain :,6-Dinurotoiuene* Production-substantial in NJ {7440-41-7) Carcinogenic evidence-human suspect 1606-20-2) .Muiagenic evidence-m vivo mammalian Carcinogenic evidence-animal Mutagenic evidence-in vuro Muugentc evidence-in vitro mammalian mammalian & microorganisms Regulated-Federal Regulated-Federal Boron & Salts Production-substantial in US Insufficient data Nitrobenzene' Production-moderate m NJ l"44(M2-8) Regulaied-Federal for inclusion ai (98-95-3) Use-substantial in NJ this time Regulated-Feaeral Cadmium & Salts' Lie-moderate in NJ Retain Production-substantial m LS Carcinogenic evidence-human suspect Carcinogenic ;vnlence-ammal Carcinogenic evidence-animal Muiagenic evidence-in vitro Teratogenic evidence-animal microorganisms Reguiated-Federal Regulated-Federal
(CITE 16 N.J.R. 654) NEW JERSEY REGISTER, MONDAY, APRIL 2. 1984 - 10 - PROPOSALS ENVIRONMENTAL PROTECTION
Chemical Chemical (Synonyms! Proposed (Svnonyms) Proposed tCAS Number) Basis for Proposed Act \-tion (C\S Number) Basis for Proposed *
NITROGEN HETEROCYCLICS Chlordecone* Production &. use-none Acndine Production-insignificant m LS Insufficient data (Kcponc) Carcinogenic evidence-animal Mutagenic evidence-in vitro for inclusion at (U3-JO-0) EmbryotoxiCity microorganisms '.Iiis lime Fertility effects Regulated-Federal Bioaccumulation-known Carbazole Imports-moderate m US Insufficient data Persistence-high i86-74-8) for inclusion at Regulated-Federal & State [his time (Prohibited pesticide) M damme Production & imports-substantial j,i US Insufficient data Chlordimeform Imports-moderate in US insufficient data (108-73-!) Regulated-Federal for inclusion at (6164-98-3) Regulated-Federal for inclusion at this time (restricted use-co(ton) this time Pyndine Production-substantial in US Insufficient data Chlorobcnzilate" Imports-mod crate in US Delete U10-86-1) Regulated-Federal for inclusion at (510-15-6) Carcinogenic evidence-am mal suspect this time Persistence-high Qumoline Production & use-unknown amour .t in US Include Regulated-Federal (91-22-5) (one NJ producer listed) (restricted use-citrus) Carcinogenic evidence-animal suspect Chloroptcrin Production-substantial m US Insufficient data Mutagenic evidence-in vitro (Tnchioromtromethane) Regulated-Federal for inclusion at mammalian & microorganisms (76-06-2) this time Regulated -Federal Chiorathalonil* Imports-moderate m US Include 26. N1TROSO COMPOUNDS Carcinogenic evidence-animal suspect N-Niirosoditthylamme" Production & inc-none in US Delete Regulated-Federal (5S-18-S) Carcinogenic evidence-animal Coumaphos Production-moderate m US Insufficient data Mutagenic evidence-in vivo insect <56-72-») Regulated-Federal for inclusion at Mutagenic evidence-host mediated assay this time Mutagenic evidence-in vitro 2.4- D' Production & imports-substantial in US Retain mammalian & microorganisms (94-75-7) Use-minor in NJ Regulated-Federal Teratojenic evidence-animal suspect N-Nitrosodirnethvlamme* Production A use-none m US Delete Regulated-Federal & State (62-75-9) Carcinogenic evidence-animal DOT' Production 4 use-none m NJ Mutagemc evidence-host mediated assay (50-29-3) Carcinogenic evidence-animal Mutagenic evidence-in vitro Acute coxici(y-aquatic biota mammalian & microorganisms Detection in environmental mcdia- Regulated- Federal Bioaccumuiatiori- Ic nown p-Nitrosodimeihytaniline* Production & use-none in NJ Delete Persistence-high (13 8-89-6) Regulated-Federal Regulated-Federal & State N-Niirosodiphenylamine* Production-moderate in NJ Retain (Prohibited pesticide) (86-30-6) Carcinogenic evidence-animal SUSJMCI Diallate Use-moderate in NJ Regulated-Federal (2303-16 Carcinogenic evidence-animal suspect p-NitrOSOdiphenylamme* Production 4 use-none in NJ Delete Mutagenic evidence-in vivo insect (156-ID'5) Muugenic evidence-m vitro 27. ORGANIC PEROXIDES mammalian & microorganisms Benzoyl peroxide Production-substantial in US Regulated-Federal (94-36-0) (one NJ producer listed) Diazinon Production-one NJ producer listed Insufficient dau Carcinogenic evidence-animal promoter (333-41-5) Use-substantial m US for inclusion at Regulated-Federal Regulated-Federal & State this time i-Butyl hydroperoxide Production 4 use-unknown amount m US Insufficient data Dichtorvos Production-substantial in US Include (75-91-2) Mutagenic evidence-in vivo insect for inclusion at (62-73-7) Mutagenic evidence-in vitro Mutagenic evidence-in vitro this time microorganisms microorganisms Acute toxicity-aquauc biota Regulated-Federal Regulated-Federal Cumene tiydroperoxide Production-substantial in US Dicofol' Use-moderate m NJ (30-15-91 (one NJ producer listed) (Ketthane) Carcinogenic evidence-animal suspect Mutagemc evidence-in vitro (115-32-2) Persistence-high microorganisms Regulated-Federal Regulated-Federal Dieldnn- PToduction-none Di-t-butylperoxide Production-substantial in US Insufficient data (60-57-1) Use-none reported in NJ (MQ-QS-4) Regulated-Federal for inclusion at Carcinogenic evidence-animal suspect this Lime Detection m environmental media-inirequem Peracetic acid Production-substantial in US Include Bioaccumulauan*knawn (79-21-0) Mutagemc evidence-m vitro Persistence-high microorganisms Regulated-Federal & State Regulated-Federal Endosuifin* Use-moderate m NJ 28. PESTICIDES Imports-substantial in US Retain (115-29-7) Detection in environmental media- Aldrin' Carcinogenic evidence-animal su!.pect infrequent to moderate (39
NEW JERSEY REGISTER, MONDAY, APRIL 2, 1984 (CITE 16 N.J.R. 655) - 11 - ENVIRONMENTAL PROTECTION PROPOSALS
Chemical (Synonvmsi Basis ror Prooosea (CAS Numberj Sails lor P-ODOsed Aaion
product 10 n-iuQsum i Ji in uS l.-i-Dimitnvlphenoi* P'oauc'.ion-moaera;; in NJ Teracovienie evidence-diurnal suspect im-Xylenol) Lse-substaniial in NJ EmbrvotQiiciiv UOS-67 t) Fertilitv Effects Regulated-Federal :o moderate Meihotychlor' Lie-moderate in NJ Regulated-Federal (72-43,5) Embryotoxicity 4.ft-Oinitro-o-cresoi* Production A use-none reported in NJ Regulated-Federal (2,4-Dmnro-6-meihyl- Mutagenic evidence-in vivo insect Produce ion i use-none phenolj Mutagenic evidence-in vitro Carcinogenic evidence-animal (534-52-t) microorganisms Ttfratogemc evidence-animal Regulated-Federal & State EmoryotoKicity 2.4-Dinuropnenol" Lse-triinor in NJ Bioaccumulation-known (51-26-51 Detection in environmental media- Persistence-known infrequent Regulated-Federal Regulated-Federal (Prohibited pesticide) Hydroquinone Production-substantial in US l-Naphthvlthiourea Imports-minor in US Insufficient data 11.4-Di h yd rot y benzene) Mutagentc evidence-in vitro iANTL'1 Vlutagcnic evidence-in vitro for inclusion at 1123-31-9) mammalian & microorganisms (S6-88-4* microorganisms :his time Reguiated-Federal Regulated-Federal 2-Nitrophenol" Use-moderate m NJ Nitrofen Use-moderate in US (88-75-5) Detection in environmental media- 12,4-Dichlorophenyl' Carcinogenic evidence-animal infrequent 4-nitrophenyl ether) Mutagenic evidence-in vitro Regulated-Federal (1836-73-J) microorganisms 4- Nitro phenol* Use-substantial m NJ Teratogenic evidence-animal suspect (100-02-:j Mutagenic evidence-in vitro Embryotoxicity mammalian & microorganisms Regulated-Federal Detection in environmental media- Parathion' Use-moderate m NJ infrequent (56-38-2) Acute toxicity-birds & aquatic biota Regulated-Federal Regulated-Federal & State Pentachlorophenol* Use-moderate m NJ Propoxur Production-moderate :n US 187-86-5) Embfvotoxicitv i!)4-26-h Mutagenic evidence-in MVO mammalian Mutagemc evidence-in vnro infrequent & moderate microorganisms Bioaccumulation-known Acute toxicjtv-birds Regulated-Federal & State Regulated-Federal & State Phenol* Production-moderate m NJ Quimozene* Production-substantial in U'S (108-95-2) Use-substantial m NJ (Peniachloronitro- Carcinogenic evidence-animal suspect Carcinogenic evidence-animal promotor benzene) Mutagenic evidence-in vitro Mutagenic evidence-in vitro (32-68-8) microorganisms mammalian &. microorganisms Regulated- Federal Regulated-Federal Strobane* Production & use-none 2-Phenylphenol Use-substantial m US (Terpene poly- Carcinogenic evidence-animal suspect (90-45-7) Carcinogenic evidence-animal suspect chlonnated) Regulated-Federal .Na Regulated-Federal (8001-SO-1) (Prohibited pesticide) Sulfallate Production-none reported Insufficient data 2.3,6-Tnchloropnenol Production & use-none reported insufficient data (95-06-7^ Carcinogenic evidence-animal for inclusion at '933-75-5) RL-guiated-Federal for inclusion at Mutagenic evidence-in vitro triis time microorganisms 2.4.5-Tnchloropnenol' Use-moderate m NJ Regulated. Federal (9S-95-41 Regulated-Federal 2.4.5-T" Production-none in IS 2.4.6-Tnchlorophenol" Production & use-none l2.4,J-Tnchloroprien- Lsc-msignificani m NJ 188-06-21 Carcinogenic evidence-animal oxyacetic acid) Mutagenic evidence-m vivo msects Detection m environmental media-moderate 193-76-5) Tcratogenic evidence-animal suspect Bioaccumulation-potential Embryotoxicity Regulated-Federal Regulated-Fcdtirat ?0. PHOSPHORAMIDES Teirachlorvmphos Use-moderate m US Hexamethylphosphoramide Production-unknown amount in US (961-11-5) Carcinogenic evidence-animal suspect (HEM PA) lone NJ manufacturer listed) Regulated-Federal (680-31-9) Carcinogenic evidence-animal suspect Toxaphene' Production-significant m NJ 31. QUINONES & ANTHRA- iPolychlormaied Use-moderate m NJ QUI NONES Carcinogenic evidence-animal 2-Ammoamhraquinone* Use-moderate in NJ (8001-35-2) Mutigenic evidence-m vitro (117-T9-3) Carcinogenic evidence-animal suspect microorganisms Mutagenic evidence-in vitro Mutagentc evidence-Chromosomal aberra microorganisms tions p-Benzoquinone dioxime Production-unknown amount m US Insufficient data Acme toxiciiy-aquaiic biota U05-11O) Carcinogenic evidence-animal suspect Bioaccumulation- k nown Regulated-Federal this time Regulated-Federal & State ;-Methyf-l- Production & use-none in US Insufficient data Tnchlorfon Use-subsiamial in US nitroanthraqumone Carcinogenic evidence-animal for inclusion at [52-68-6) Mutagenic evidence-in vwo mammalian (129-15-7) Muiagenic evidence-in Mtro Mutagenic evidence-m vitro microorganisms mammalian & microorganisms p-Quiitone Producnon A use-unknown amount m L! [nsutfkiem JaU Teraiogenic evidence-animal susp«c: (106-51-41 Regulated-Federal for .ndusion at Regulated-Federal this time Trifturalm L'se-sub«anual m US 32. SULFUR1C ACID ESTERS Product ion-unknown amount m US Insufficient da;a (1582-09-3) Carcinogenic evidence-animal suspect Diethyl ;ulfate Carcinogenic evidence-human suspect t'or .nciusion at Regulated-Federal Carcinogenic evidence-animal Zineb Production-substantial m US Muiagenic evidcnce-m vivo (12122-67-7) Carcinogenic evidence-animal suspect mammaiian, insect, & plants Teratogemc evidence-animal suspect Mutagenic evidence-m vitro Regulated-Federal mammalian & microorganisms 29. PHENOLS Regulated-Federal Catechu! Production-unknown amount in US Production-iubstannal m US (Pyrocatechol) Imports-moderate Carcinogenic evidence-animal (1,2-Dihydroxybenz Carcinogenic evidence-animal promoter Mutagenic evidence-m MVO- (120-80-9) Muiagenic evidence-in vitro mammalian, rish. insects, £ plants mammalian & microorganisms Mmagemc evidence-m vuro i-Chloro-m-cresoi Production & use-none reported Insufficient data mammalian &. microorganisms O-Methvl-4- Bioaccumulation -potential for inclusion ai Regulated-Federal chiorophenoll Regulated-Federal this nme 33. THIOUREAS (59-50-7) Ethvlene :hiourca Production-unknown amount m US ^ Chloropncnoi* Use-minor m NJ Delete lone NJ manufacturer listed) Carcinogenic evidcnce-ammal promotor Carcmozemc evidence-animal Detection m environmental media-mt'requeni Teraiogenic evidence-animal Regulated-Federal Regulated-Federal 2.4-Dichlorophcnol" Use-minor in NJ Delete Thiourea" Use-Moderate m NJ (120-83-21 Carcinogenic evidence-animal promotor 102-56-6) Carcinogenic evidence-animal suspect Detection in environmental media-moderate Mutagenic evtdence-nost mediated assa\ Regulated-Federal Mutagenic evidence-in vitro mammalian & microorganisms Regulated-Federal
(CITE 16 N.J.R. 656) NEW JERSEY REGISTER, MONDAY, APRIL 2. 1984 - 12 - PROPOSALS ENVIRONMENTAL PROTECTION
Social Impact "Common name" means any designation or identification Adoption of the Environmental Hazardous Substance List such as a code name, code number, trade name, brand name will give New Jersey citizens access to information on the or generic name used to identify a chemical other than by its types and amounts of hazardous substances to which they are chemical name. exposed in their communities. This information can be used "Container" means a receptacle used to hold a liquid, by physicians to aid in medical diagnoses, when necessary. solid, or gaseous substance, including, but not limited to, The data generated from the Environmental Survey can also bottles, pipelines, bags, barrels, boxes, cans, cylinders, be used by epidemiologists to analyze the effects of Environ drums, cartons, vessels, vats, and stationary or mobile storage mental Hazardous Substances on public health. In case of an tanks. "Container" shall not include process containers. emergency, such as a fire or spill, emergency response person "Department" means the New Jersey Department of Envi nel will be able to use the information on Hazardous Mate ronmental Protection unless the context clearly indicates oth rials, gathered under the Emergency Services Information erwise. Survey, to take measures to protect public safety and health. "Emergency Services Information Survey" or "ESI Sur vey" means a written form prepared by the Department and Economic Impact transmitted to an employer, on which the employer shall Those companies which must complete [he survey forms provide certain information concerning each of the Hazard will have additional time and personnel requirements. The ous Materials at his facility, including, but not limited to, the extent of the cost of compliance will depend on the number of following: the name of the Hazardous Material and its United substances a company is reporting, since detailed information Nation (U.N.) number, the United States Department of will be requried on the amount of each substance produced, Transportation designated hazard class, the approximate used, shipped out, disposed by, and emitted from the facility. range of the maximum inventory quantity, the unit of mea The Department intends to conduct the Environmental Sur sure, and the major method of storage or type of container, vey in a two phased process (short and long forms). By fol and whether the substance is present in a mixture. lowing this approach, many employers may not need to com "Employer" means any person or corporation in the State plete lengthy questionnaires, thereby limiting the expense of engaged in business operations having a Standard Industrial" the program for industry and the Department. Classification, as designated in the Standard Industrial Classi fication Manual prepared by the Federal Office of Manage Environmental Impact ment and Budget, within Major Group numbers 20 through The Environmental Hazardous Substance List will aid the 39 inclusive (manufacturing industries), numbers 46 through Department in formulating a database on the types and 49 inclusive (pipelines, transportation services, communica amounts of hazardous substances to which the public is ex tions, and electric, gas, and sanitary services), number 51 posed in the community. The information gathered will also (wholesale trade, nondurable goods), number ^5 (automotive aid the Department in selecting toxic substances to monitor in repair, services, and garages), number 76 (miscellaneous re the environment and will provide informar.ion necessary for pair services), number 80 (health services), number 82 (educa the development of regulations to control the emission of tional services), and number 84 (museums, art galleries, bo toxic substances. By requiring employers to identify hazard tanical and zoological gardens). For the purposes of N.J.A.C. ous substances in their waste streams, the Environmental Sur 7:1G "employer" means the State and local governments, or vey will encourage companies to use proper disposal methods. any agency, authority, department, bureau, or instrumental ity thereof. Full text of the proposed new rule follov/s. "Environmental Hazardous Substance" means any sub stance designated by the Department in N.J.A.C. 7:lG-2. CHAPTER 1G "Environmental Hazardous Substance List" means the list WORKER AND COMMUNITY RIGHT TO KNOW of Environmental Hazardous Substances in N.J.A.C. 7:lG-2. REGULATIONS "Environmental Survey" means a written form prepared by the Department of Environmental Protection and trans SUBCHAPTER 1. GENERAL PROVISIONS mitted to an employer, on which the employer shall provide certain information concerning each of the environmental 7:1G-1.1 Scope hazardous substances at the facility, including, but not limited Unless otherwise provided by rule or statute, this chapter to, the following: shall constitute the rules of the Departmenr. implementing the 1. The chemical name and Chemical Abstracts Service Worker and Community Right to Know Act, P.L. 1983 c.315, number of the environmental hazardous substance; N.J.S.A. 34-.5A-1 et seq. 2. A description of the use of the environmental hazardous substance at the facility; 7:1G-1.2 Definitions 3. The quantity of the environmental hazardous substance The following words and terms, when u:;ed in this chapter, produced at the facility; shall have the following meanings unless the context clearly 4. The quantity of the environmental hazardous substance indicates otherwise. brought into the facility; "Act" means the Worker and Community Right to Know 5. The quantity of the environmental hazardous substance Act, P.L. 1983 c.315, N.J.S.A. 34:5A-1 ei: seq. consumed at the facility; "Chemical Abstracts Service number" or "C.A.S. num 6. The quantity of the environmental hazardous substance ber" means the unique identification nuimer assigned by the shipped out of the facility, as or in, products; Chemical Abstracts Service to chemicals. 7. The maximum inventory of the environmental hazard "Chemical name" means the scientific designation of a ous substance stored at the facility, the methods of storage, chemical in accordance with the nomenclature system devel and the frequency and methods of transfer; oped by the International Union of Pure and Applied Chemis 8. The total stack or point-source emissions of the environ try or the Chemical Abstracts Service rules of nomenclature. mental hazardous substance;
NEW JERSEY REGISTER, MONDAY, APRIL 2, 1984 (CITE 16 N.J.R. 657) - 13 - ENVIRONMENTAL PROTECTION PROPOSALS
9. The total estimated fugitive or non point-source emis Chemical CAS Number Group Number sions of the environmental hazardous substance; 10. The total discharge of the environmental hazardous BUTYL BENZYLPHTHALATE 35-63-7 12 substance into the surface or groundwater, the treatment 1,2-BUTYLENE OXIDE 106-88-- 11 methods, and the raw svastewater volume and loadings; C.I. ACID BLUE 9 2650-18-2 10 C.I. ACID GREEN 3 4680-78-8 10 11. The total discharge of the enviromental hazardous sub C.I. BASIC GREEN 4 569-64-2 10 stance into publicly owned treatment works; and C.I. BASIC RED 1 989-38-3 10 12. The quantity and methods of disposal, of any wastes C.I. DIRECT BLACK 38 1937-37-7 10 containing an environmental hazardous substance, the meth C.I. DIRECT BLUE 6 2602-46-2 10 ods of on-site storage of these wastes, the location or loca C.I. DIRECT BROWN 95 16071-86-6 10 tions of the final disposal site for these wastes, and the iden C.I. DISPERSE YELLOW 3 2832-40-8 10 tity of the hauler of the wastes. C.I. FOOD RED 5 3761-53-3 10 "Facility" means the building, equipment and contiguous C.I. FOOD RED 15 81-88-9 10 area at a single location used for the conduct of business. For C.I. SOLVENT ORANGE 7 3118-97-6 10 C.I. SOLVENT YELLOW 1 60-09-3 10 the purpose of this chapter, "Facility" shall not include a C.I. SOLVENT YELLOW 3 97-56-3 10 research and development laboratory. C.I. SOLVENT YELLOW 14 842-07-9 10 "Hazardous Material" means any substance designated by C.I. VAT YELLOW 4 128-66-5 10 the Department in N.J.A.C. 7:1G-4. CADMIUM AND SALTS 7440-43-9 19 "Hazardous Materials List" means the list of Hazardous CAPTAN 133-06-2 28 Materials designated by the Department in N.J.A.C. 7:lG-4. CARBARYL 63-25-2 28 "Mixture" means a combination of two or more substances CARBON TETRACHLORIDE 56-23-5 14 not involving a chemical reaction. CATECHOL 120-80-9 29 "Research and development laboratory" means a specially CHLORAMBEN 133-90-4 28 CHLORDANE 57-74-9 28 designated area used primarily for research, development, CHLOROBENZENE 108-90-7 16 and testing activity, and not primarily involved in the produc CHLOROFORM 67-66-3 14 tion of goods for commercial sale, in which environmental CHLOROPRENE 126-99-8 15 hazardous substances are used by or under the direct supervi CHLOROTHALONIL 1897-45-6 28 sion of a technically qualified person. CHROMIUM AND SALTS 7440-47-3 19 COPPER AND SALTS 7440-50-8 19 SUBCHAPTER 2. ENVIRONMENTAL HAZARDOUS P-CRESIDINE 120-71-8 06 SUBSTANCE LIST CUMENE 98-82-8 07 CUMENE HYDROPEROXIDE 80-15-9 27 CYANIDE ION 57-12-5 19 7:1G-2.1 Designation of Substances 2,4-D 94-75-7 28 The following substances and corresponding Chemical Ab DECABROMODIPHENYL OXIDE 1163-19-5 13 stract Services (C.A.S.) numbers are designated as Environ DIALLATE 2303-16-4 28 mental Hazardous Substances pursuant to the Act. Each sub 2,4-DIAMINOANISOLE 615-05-4 06 stance has further been identified according to the 4,4'-DIAMINODIPHENYL ETHER 101-80-4 13 classifications in N.J.A.C. 7:lG-2.2. Substances may have 2,4-DIAMINOTOLUENE 95-80-7 06 ' numerous synonyms which are not included herein. 1,2-DIBROMOETHANE 106-93-4 14 DI-N-BUTYL PHTHALATE 84-74-2 12 95-50-1 Chemical CAS Number Group Number 1,2-DICHLOROBENZENE 16 1,2-DICHLOROETHANE 107-06-2 14 ACETALDEHYDE 75-07-0 02 1,4-DICHLOROBENZENE 106-46-7 16 ACROLEIN 107-02-8 02 3,3' -DICHLOROBENZIDINE 91-94-1 06 ACRYLIC ACID 79-10-7 01 DICHLOROMETHANE 75-09-2 14 ACRYLONITRILE 107-13-1 23 1.2-DICHLOROPROPANE ' 78-87-5 14 ALDRIN 309-00-2 28 1.3-DICHLOROPROPYL£NE 542-75-6 15 ALLYL CHLORIDE 107-05-1 15 DICHLORVOS 62-73-7 2-AMINOANTHRAQUINQNE 117-79-3 31 DICOFOL 115-32-2 ANILINE 62-53-3 06 DIETHYL PHTHALATE 84-66-2 12 0-ANISIDINE 90-04-0 06 DIMETHYL PHTHALATE 131-11-3 12 ANTHRACENE 120-12-7 07 DIMETHYL SULFATE 77-78-1 32 ANTIMONY AND SALTS 7440-36-0 19 3,3' -DIMETHYLBENZIDINE 119-93-7 06 ARSENIC AND SALTS 7440-38-2 19 2,4-DIMETHYLPHENOL 105-67-9 29 ASBESTOS 1332-21-4 19 2,4-DINITROTOLUENE 121-14-2 24 BENZAL CHLORIDE 98-87-3 16 2,6-DINITROTOLUENE 606-20-2 24 BENZENE 71-43-2 07 DI-N-OCTYL PHTHALATE 117-84-0 12 BENZOTRICHLORIDE 98-07-7 16 1.4-DIOXANE 123-91-1 13 BENZOYL CHLORIDE 98-88-4 01 1,2-DIPHENYL HYDRAZINE 122-66-7 17 BENZOYL PEROXIDE 94-36-0 27 EPICHLOROHYDRIN 106-89-3 11 BENZYL CHLORIDE 100-44-7 16 ETHYLBENZENE 100-41-4 07 BERYLLIUM AND SALTS 7440-41-7 19 ETHYLENE OXIDE 75-21-8 11 BIPHENYL 92-52-4 07 ETHYLENE THIOUREA 96-45-7 33 BIS(2-CHLORO-1-METHYLETHYL) ETHYLENEIMINE 151-56-4 IS ETHER 108-60-1 13 FLUOMETURON 2164-17-2 28 BIS(2-ETHYLHEXYL)ADIPATE 103-23-1 12 FORMALDEHYDE 50-00-0 02 BIS(2-ETHYLHEXYL)PHTHALATE 117-81-7 12 HEPTACHLOR "6-44-8 28 BUTADIENE 106-99-0 03 HEXACHLOROBENZENE 118-74-1 !6
(CITE 16 N.J.R. 658) NEW JERSEY REGISTER, MONDAY, APRIL 2, 1984 - 14 -
PROPOSALS ENVIRONMENTAL PROTECTION
Chemical CAS Number Group Number GROUP NO. CHEMICAL GROLP GROLPNO. CHEMICAL GROl P HEXACHLOROETHANE 67--2-I 14 01 Acids & acid chlorides 18 Imides HEXAMETHYLPHOSPHORAMiDE 680-31-9 30 02 Aldehydes 19 Inorganics HYDRAZINE 302-01-2 r 03 Aliphatic hydrocarbons 20 Isocyanates HYDROQUINONE 123-31-9 29 04 Amides 21 Ketones LEAD AND SALTS AND ORGANO- 05 Anhydrides 22 Lactams METALLICS 7439-92-1 19 06 Aromatic amines 23 Nitriles LINDANE 58-89-9 28 j 1j1*7 TO -J -*q 07 Aromatic hydrocarbons 24 Nitro compounds MANEB ii.4i /-jo-i .,0 08 Azo compounds 25 Nitrogen MERCURY AND SALTS AND heterocycles 7439-97-6 19 ORGANOMETALUCS 09 Carbamates 26 Nitroso METHOXYCHLOR 72-43-5 28 compounds METHYL HYDRAZINE 60-34-4 17 10 Dyes 27 Organic METHYL IODIDE 74-88-4 14 peroxides METHYLMETHACRYLATE 80-62-6 12 11 Epoxides 28 Pesticides 4,4'-METHYLENE BIS(2- 12 Esters 29 Phenols CHLOROANILINE) 101-14-4 06 13 Ethers & Lactones 30 Phosphoramides 4,4'-METHYLENEBIS(N,N- j-lj£ 14 Halogenated alkanes 31 Quinones DIMETHYL) BENZENAMINE 101-61-1 Uu & Anthraqui- 4,4'-METHYLENEDIANlLINE 101-77-9 06 nones NAPHTHALENE 91-20-3 07 15 Halogenated alkenes 32 Sulfuric 1-NAPHTHYLAMINE 134-32-7 06 acid esters NICKEL AND SALTS T.j.tn/*r+U-U^-U ( ) } n 19 f\f 16 Halogenated aromatics 33 ' Thioureas 5-NITRO-O-ANISIDINE QQ77-J7-4 SO "7 uo 17 Hydrazines NITROFEN 1836-75-5 28 4-NTTROPHENOL 100-02-7 29 2-NITROPROPANE ->9-46-9 24 SUBCHAPTER 3. ENVIRONMENTAL SURVEY N-NITROSODIPHENYLAMINE 86-30-6 26 PARATHION 56-38-2 28 7-.1G-3.1 Completion of Environmental Survey PENTACHLOROPHENOL 87-86-5 29 Within 90 days of receipt of Pan I or Part II of the Envi PERACETIC ACID 79-21-0 27 ronmental Survey, an employer shall complete the survey PHENOL 108-95-2 29 concerning each of the Environmental Hazardous Substances 2-PHENYLPHENOL 90-43-7 29 at his facility, and transmit a copy of the completed survey to PHOSGENE 75-44-5 01 the Department of Environmental Protection and the health POLYCHLORINATED BIPHENYLS 1336-36-3 16 114-26-1 department of the county in which the employer's facility is PROPOXUR 28 located (or county clerk if there is no county health depart PROPYLENE OXIDE 75-56-9 11 QUINOLINE 91-22-5 25 ment). This deadline shall be extended for an additional pe QUINTOZENE 82-68-8 28 riod not to exceed 30 days, at the discretion of the Depart SAFROLE 94-59-7 13 ment for good cause shown by the employer. STYRENE 100-42-5 07 STYRENE OXIDE 96-09-3 11 7:lG-3.2 Clarification of completed Environmental Survey 1,1,2,2-TETRACHLOROETHANE 79-34-5 14 The Department may require an employer to submit infor TETRACHLOROETHYLENE 127-18-4 15 mation clarifying any statement made on Part I and Part II of TETRACHLORVINPHOS 961-11-5 28 139-65-1 f\A the Environmental Survey. The Department shall transmit 4,4'-THIODIANILINE UO this clarifying information to the county health department THIOL'REA 62-56-6 33 TOLUENE 108-88-3 07 (or county clerk if there is no county health department), as it TOLUENE-2.4-DIISOCYANATE 584-84-9 20 deems necessary. TOLUENE-2.6-D11SOCYANATE 91-08-7 20 0-TOLUIDINE 95-53-4 06 7:lG-3.3 Updating of Environmental Survey TOXAPHENE 8001-35-2 28 (a) Every employer shall update a completed' Part I and TRICHLORFON 52-68-6 28 Part II of the Environmental Survey for his facility every 1,2,4-TRICHLOROBENZENE 120-82-1 16 other year. If there is any significant change during a nonre- 1,1,1 -TRICHLOROETHANE 71-55-6 14 porting year in the information reported on his Environmen 70JTfl'7-m/*j S 1,1,2-TRICHLOROETHANE 14 tal Survey, the employer shall inform the Department of the TR1CHLOROETHYLENE 79-01-6 15 TRIFLURAHN 1582-09-3 28 change. URETHANE 51-79-6 09 (b) The Department may require an employer to update the VINYL CHLORIDE »5-01-4 15 Environmental Survey for his facility every year. XYLENES 1330-20-7 07 2,6-XYLIDINE 87-62-7 06 SUBCHAPTER 4. HAZARDOUS MATERIALS LIST ZINEB 12122-67-7 28 7:1G-4.1 Designation of Hazardous Materials The substances contained in the Optional Materials Table 7:10-2.2 Chemical Group and Group Numbers in Title 49 of the Code of Federal Regulations, Pan 172.102, The groups, and their designated group numbers, to which as amended by publication in the Federal Register, 48 Fed. Environmental Hazardous Substances listed in N.J.A.C. Reg. Vol. 48, No. 211, pp. 50234-50279 (October 31, 1983) 7:1G-2.1 belong, are designated herein, to reflect similarity in are designated, by reference, as Hazardous Materials pursu chemical structure, with the exception of Pesticides (Number ant to the Worker and Community Right to Know Act, P.L. 28) and Dyes (Number 10), which reflect commercial use: 1983, c.315, N.J.S.A. 34:5A-1 et seq. ,
NEW JERSEY REGISTER. MONDAY, APRIL 2. 1984 (CITE 16 N.J.R. 659) - 15 -
ENVIRONMENTAL PROTECTION PROPOSALS
7:lG-4.2 Amendments to Hazardous Materials List (a) The Department intends to establish a procedure for annually receiving information, advice, testimony, and rec ommendations from the Right to Know Advisory Council established pursuant to the Act, the public, and any other interested party, concerning the implementation of the Act. This procedure shall include a mechanism for revising the Hazardous Materials List. (b) The Department will publish in the New Jersey Regis ter, any revisions by the United States Department of Trans portation (USDOT) to the Optional Materials Table in Title 49 of the Code of Federal Regulations, as amended. Effective upon such publication in the Register, such amendments by the USDOT shall be incorporated into N.J.A.C. 7:1G-4.1. (c) Amendments to N.J.A.C. 7:10-4.1, other than in ac cordance with (a) above, shall be made pursuant to the provi sions of the "Administrative Procedure Act", 1968, c.410, N.J.S.A. 52:148-1 et seq. SUBCHAPTER 5. EMERGENCY SERVICES INFORMA TION (ESI) SURVEY 7:1G-5.1 Completion of ESI Survey Within 90 days of receipt of an Emergency Services Infor mation Survey, an employer shall complete the survey con cerning each of the Hazardous Materials at his facility, and transmit a copy of the completed survey to the Department of Environmental Protection, the local fire department and the local police department. This deadline shall be extended for an additional period not to exceed 30 days, at the discretion of the Department for good cause shown by the employer. 7:lG-5.2 Clarification of completed ESI Survey The Department may require an employer to submit infor mation clarifying any statement made on the Emergency Serv ices Information Survey. The Department shall transmit this clarifying information to the local fire department and local police department as it deems necessary. 7:lG-5.3 Updating of ESI Survey (a) Every employer shall update the Emergency Services Information (ESI) Survey for his facility every other year. If there is any significant change during a nonreporting year in the information reported on his ESI Survey, the employer shall inform the Department of the change. (b) The Department may require an employer to update the ESI Survey for his facility every year.
(CITE 16 N.J.R. 660) NEW JERSEY REGISTER, MONDAY, APRIL 2. 1984 APPENDIX I
SUMMARY OF THE ACT
On August 29, 1983, Governor Thomas H. Kean signed the "Worker and Community Right to Know Act" which becomes effective August 29, 1984. The Act establishes a comprehensive system for the disclosure and dissemination of information about hazardous substances in the workplace and in the environment. This law guarantees New Jersey citizens access to the exact chemical identity of hazardous substances to which they may be exposed at their workplaces or in their communities, and will also provide them with information concerning the short and long term effects of exposure to these hazardous substances. The act will also enable the Department of Environmental Protection and the Department of Health to establish a data base concerning the presence and use of hazardous substances throughout the State, which will aid both departments in carrying out their responsibilities to protect the environment and the public health.
The Act applies to employers having a Standard Industrial Classification, as designated in the Standard Industrial Classification Manual prepared by the Federal Office of Management and Budget, within Major Group Numbers 20-39 (manufacturing industries), 46-49 (pipelines, transportation services, communications, and electric, gas, and sanitary services), 51 (wholesale trade, nondurable goods), 75 (automotive repair services, and garages), 76 (miscellaneous repair services), 80 (health services), 82 (educational services), 84 (museums, art galleries, botanical and zoological gardens). State and local governments are also covered under the Act.
Employers covered under the New Jersey "Worker and Community Right to Know Act" are required to:
1) Report to the Department of Health those hazardous substances present at their places of business;
2) Maintain a file of basic safety information (supplied by the Department of Health) about these hazardous substances for their employee's use;
3) Provide their employees with education and training on how to handle these substances;
4) Label containers containing hazardous substances within 18 months, and all containers within three years, with the chemical name of their contents;
5) Disclose to the Department of Environmental Protection basic information concerning the storage, treatment, and emission into the environment of hazardous substances. All disclosed information on Environmental Hazardous Substances will be available to employees at the workplace, and to members of the community at the county health department and from the State Departments of Health (DOH) and Environmental Protection (DEP). Local Police and Fire Departments will also receive this informe.tion to help them plan for emergencies involving hazardous substances.
The Act allows employers to protect legitimate proprietary information by permitting them to make a trade secret claim regarding any information required to be disclosed under the Act, except for the identity of a special health hazard substance or information concerning emissions. Trade secret claims would be subject to review by either the DEP or the DOH, and would be the subject of an administrative hearing conducted by an administrative law judge. Information for which a trade secret claim is pending would not be released to the public by the departments.
The New Jersey "Worker and Community Right to Know Act" will be jointly implemented by the DOH and the DEP. The DOH will enforce those parts of the law dealing with hazardous substances in the workplace, and the DEP will oversee those parts dealing with hazardous substances in the general environment. In particular, the DOH will develop a workplace hazardous substance list, a special health hazard substance list for which no trade secret claims are alloweid, and a workplace survey. It will also send employers hazardous substance fact sheets for each hazardous substance reported on a workplace survey and will adopt joint regulations with DEP regarding trade secrets.
The DEP is required to adopt a list of Environmental Hazardous Substances and develop an Environmental Survey to enable employers to provide detailed information on their, use, emission and disposal of these substances.
The Department of Labor is directed to mediate and resolve employee-employer disagreements related to the interpretation of the act. The departments will be aided and advised by a Right To Know Advisory Council, composed of 11 citizen members appointed by the governor, representing a broad range of groups interested in workplace and environmental safety.
The implementation of the Act will be funded by a fee levied on employers at the rate of $2.00 per employee, or a minimum of $50.00 per employer. The revenues generated by the fee will be deposited in a special fund in the Treasury;, and will be disbursed to the departments responsible for implementing the Act. APPENDIX II
Description of Standard Industrial Classifications (SIC) Codes Covered by the Act
Titles and Description of Industries
Division: Manufacturing
Major Group 20. Food and kindred products Major Group 21. Tobacco manufacturers Major Group 22. Textile mill products Major Group 23. Apparel and other finished products made from fabrics and similar materials Major Group 24. Lumber and wood products, except furniture Major Group 25. Furniture and fixtures Major Group 26. Paper and allied products Major Group 27. Printing, publishing, and allied industries Major Group 28. Chemicals and allied products Major Group 29. Petroleum refining and related industries Major Group 30. Rubber and miscellaneous plastics products Major Group 31. Leather and leather products Major Group 32. Stone, clay, glass, and concrete products Major Group 33. Primary metal industries Major Group 34. Fabricated metal products, except machinery and transportation equipment Major Group 35. Machinery, except electrical Major Group 36. Electrical and electronic machinery, equipment, and supplies Major Group 37. Transportation equipment Major Group 38. Measuring, analyzing, and controlling instruments; photographic, medical and optical goods; watches and clocks Major Group 39. Miscellaneous manufacturing industries
Division: Transportation; communications; electric, gas, and sanitary services
Major Group 46. Pipe lines, except natural gas Major Group 47. Transportation services Major Group 48. Communication Major Group 49. Electric, gas, and sanitary services
Division: Wholesale trade
Major Group 51. Wholesale trade - nondurable goods APPENDIX II (Continued)
Titles and Description of Industries
Division: Services
Major Group 75. Automative repair, services, and garages Major Group 76. Miscellaneous repair services Major Group 80. Health services Major Group 82. Education services Major Group 84. Museums, art galleries, botanical and 2;oological gardens PRIVATE SECTOR EMPLOYERS COVERED UNDER THE NEW JERSEY
"WORKER AND COMMUNITY RIGHT TO KNOW ACT"
LISTED BY
STANDARD INDUSTRIAL CLASSIFICATION
Code fhorf TUlt C»4i tktrt Title 20 FOOD AND KINDRED PRODUCTS 2063 B*«t sugar 201 Meat Products 2065 Confectionery products 2011 Meat- packing plants 2066 Chocolate nnd cocoa products 2013 Sausages and otber prepared meats 2067 Chewing gum 2016 Poultry dressing plants 207 Fats and Oils 2017 Poultry and esc processing 2074 Cottonseed oil mills 202 Dairy Products 2075 Soybeau oil mills 2021 Creamery butter 2076 Vegetable oil mills, nee 2022 Cheese, natural and processed 2077 Animal and marine fats and oils 2023 Condensed and evaporated milk 2079 Shortening and cooking oils 2024 Ice cream nnd frozen desserts 208 Beverages 2026 Fluid milk 2052 Malt beverages 203 Preserved Fruits and Vegetables 2053 Malt 2032 Canned specialties 2054 TVines, brandy, and brandy spirits 2033 Canned fruits and vegetables 2055 Distilled liquor, except brandy 2034 Dehydrated fruits, vegetables, soups 2056 Bottled and canned soft drinks 2035 Pickles, sauces, and salad dressings 2087 Flavoring extracts and sirups, nee 2037 Frozen fruits and vegetables 20S Misc. Foods and Kindred Products 2038 Frozen specialties 2091 Canned and cured seafoods 204 Grain Mill Products 2092 Fresh or frozen packaged fish 2041 Flour and otber grain mill products 2095 Roasted coffee 2043 Cereal breakfast foods 2097 Manufactured ice 2044 Rice milling 209S Macaroni nnd spaghetti 2045 Blended and prepared flour 2099 Food preparations, nee 2046 Wet corn milling 2047 Dog, cat, and other pet food 21 TOBACCO MANUFACTURES 2048 Prepared feeds, nee 211 Cigarettes 205 Bakery Products 2111 Cigarettes 212 Cigars 2051 Bread, cake, and related products 2121 Cigars 2052 CookJes and crackers 213 Chewing and Smoking Tobacco 206 Sugar and Confectionery Products 2131 Chewing and smoking tobacco 2061 Raw cane sugar 214 Tobacco Stemming and Redrying 2062 Cane ngar refining 2141 Tobacco stemming and redrring Coilt Short T