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.