NJ DEPARTMENT of ENVIRONMENTAL PROTECTION
Site Remediation Program

Notice of Rule Proposal
Underground Storage Tank Rules, N.J.A.C. 7:14B

Public Notice
Take notice that the NJ Department of Environmental Protection is proposing a readoption without amendments of the Underground Storage Tank rules, N.J.A.C. 7:14B.

The Underground Storage Tanks rules (UST rules) set forth the Department's requirements for underground storage tank registration, construction and operation, as well as the procedures for remediating a discharge from an underground storage tank.  These rules also contain the requirements for the Department's certification program for individuals and business firms who seek Department certification to work on regulated underground storage tanks systems and unregulated heating oil tanks. The UST rules were scheduled to expire on October 20, 2009 pursuant to N.J.S.A. 52:14B-5.1 et seq. This expiration date was extended by 180 days to April 20, 2010 pursuant to N.J.S.A. 52:14B-5.1 as a result of the timely filing of the proposal to readopt the rules.

This past spring, the Legislature enacted the Site Remediation Reform Act (SRRA), P.L. 2009, c.60, to reform the site remediation process by creating a Licensed Site Remediation Professional (LSRP) program in New Jersey.  The legislation requires all persons responsible for conducting the remediation of a contaminated site on or after November 4, 2009  (except for the remediation of discharges from unregulated heating oil tanks) to utilize the services of an LSRP.  The legislation has substantially changed the process of remediating sites in New Jersey, including sites being remediated pursuant to the UST rules.  Pursuant to SRRA at N.J.S.A. 58:10C-29, on November 4, 2009  the Department adopted interim rules effective for 18 months to implement SRRA that included amendments to rules adopted pursuant to other laws, including the UST rules.  Therefore, the Department is not proposing any other amendments to the UST rules at this time.  The Department anticipates it will be proposing amendments to the UST rules as part of the rule package to replace the interim rule in November, 2010.

The proposal is scheduled to be published in the New Jersey Register dated December 7, 2009.  A copy of the proposal(PDF) is available from the Department’s website, or may be purchased from Lexis/Nexis at www.lexisnexis.com/bookstore.

Written comments may be submitted by February 5, 2010 to:

NJ Department of Environmental Protection
Leslie Ledogar, Esq.
ATTN: DEP Docket No. 16-09-10/624
Office of Legal Affairs
PO Box 402
Trenton, New Jersey 08625