NJ DEPARTMENT of ENVIRONMENTAL
PROTECTION
Environmental Regulation
Bureau of Release Prevention, Discharge Prevention Program
Notice of Rule Proposal
Discharges of Petroleum and Other Hazardous Substances, N.J.A.C.
7:1E, readoption with amendments
Public Notice
Take notice that the NJ Department of Environmental
Protection is proposing a new rule and to readopt with amendments
the Discharges of Petroleum and Other Hazardous Substances
rules, N.J.A.C. 7:1E (the DPHS rules). A statement of
the substance of the proposal follows: The DPHS rules
contain 10 subchapters and two chapter appendices. Subchapter
1 establishes the general provisions for the discharge prevention
program, including the definitions that are used throughout
the chapter. Subchapter 2 establishes the rules of the
Department applicable to storing, transferring, processing
or using hazardous substances and sets the standards for equipment
and procedures utilized at major facilities. The registration
requirements for transmission pipelines are contained in Subchapter
3. Subchapter 4 establishes minimum requirements for
the preparation and submission of Discharge Prevention, Containment
and Countermeasure (DPCC) and Discharge Cleanup and Removal
(DCR) plans, including the information they are to contain
and the schedules for their submission. Subchapter 5
establishes the procedures for notification and reporting of
discharges of hazardous substances, the reporting of malfunctions
of discharge detection systems, and the response to discharges
of hazardous substances. Civil administrative penalties
and grace period applicability for certain violations of the
Act and this chapter are established in Subchapter 6, as well
as the procedures for requesting an adjudicatory hearing. Subchapters
7, 8, 9 and 10 establish the manner in which information obtained
from regulated facilities is to be asserted, determined and
maintained as confidential. Appendix A contains the list
of hazardous substances, and Appendix B contains forms to be
used to demonstrate financial responsibility.
The Department proposes readopting the DPHS rules with amendments
that revise, add and delete definitions, update citations,
clarify the wording of various sections, update addresses,
recodify provisions into more appropriate sections, reorganize
some sections to streamline them and make them easier to understand,
and delete outdated or redundant provisions.
In addition, the Department is proposing the following substantive
amendments: (1) expansion of the rules applicable to
integrity testing of aboveground tanks, (2) a requirement to
perform soil permeability testing within existing secondary
containment systems as requested by the Department, (3) updates
to the sections on employee training and standard operating
procedures, (4) additional information requirements for inclusion
in DPCC and DCR plans and the establishment of a distinction
between plan amendments and plan renewals, (5) revisions to
mapping requirements, (6) amendments to the certification requirements,
(7) revisions to the penalty subchapter to accommodate the
changes anticipated in the rest of the chapter and to be consistent
across Departmental enforcement programs, and (8) deletion
of some substances from the list of hazardous substances contained
in Appendix A and the addition of other substances to this
list.
The proposal is scheduled to be published in the New Jersey
Register dated October 16, 2006. A copy of the proposal
is available from: the
DEP website(PDF);
LexisNexis Customer Service at (800)223-1944 or www.lexisnexis.com/bookstore;
or by contacting the Discharge Prevention program at (609)
292-1690. Be advised that there may be a fee
for obtaining a copy of the proposal from some sources.
A public hearing(s) concerning the proposal is scheduled as
follows:
Wednesday,
November 15, 2006 at 10 A.M.
Department
of Environmental Protection
Large
Conference Room, 3rd floor
4
Station Plaza, 22 S. Clinton Ave.
Trenton, New Jersey 08625
Written comments may be submitted by December 15, 2006 to:
NJ
Department of Environmental Protection
Leslie
Ledogar, Esq.
ATTN:
17-06-08/509
Office
of Legal Affairs
PO
Box 402
Trenton,
New Jersey 08625
To open the PDF documents, you will need
the Adobe Acrobat pdf reader to view. Left-click on the
link and they will open. Or, right-click on the link and
select "Save Target As" to save the document to your hard
drive or personal directory. You can download the free pdf
reader . |
|