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State of New Jersey Department of Environmental Protection
State of New Jersey Department of Environmental Protection

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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

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