Fees

Notice of Availability of Annual TCPA Fee Schedule Report for Fiscal Year (FY) 2023. This is a courtesy copy of the December 19, 2022 New Jersey Register TCPA Fee Notice. (December 2022, pdf)

Annual TCPA Fee Schedule Report for Fiscal Year 2023. This report details the calculations and inputs regarding the number of facilities, covered processes, EHS inventories, and TCPA spending plan (budget) to establish the 2023 annual TCPA fees.
(December 2022, pdf)

Rules and Regulations

2019 EPA 40 CFR Part 68 Rule Amendment Summary. This table is intended to assist regulated TCPA facilities in understanding how they are impacted by the December 19, 2019, amendments to EPA's RMP Rule, 40 CFR Part 68. The table indicated the effective dates of the amendments, which provisions are incorporated by the TCPA Program, the actions required by TCPA registrants, and the time frame to complete those actions. (September 2020, pdf)

2017 EPA 40 CFR Part 68 Rule Amendment Summary. This table is intended to assist regulated TCPA facilities in understanding how they are impacted by the January 13, 2017, amendments to EPA's RMP Rule, 40 CFR Part 68. The table indicated the effective dates of the amendments, which provisions are incorporated by the TCPA Program, the actions required by TCPA registrants, and the time frame to complete those actions. (January 2019, pdf)

N.J.A.C. 7:31- Toxic Catastrophe Prevention Act Program Rules. Two versions of the TCPA Program rules are provided:
N.J.A.C. 7:31, Toxic Catastrophe Prevention Act rules, containing the text as it appears in the New Jersey Administrative Code; and
N.J.A.C. 7:31, Toxic Catastrophe Prevention Act rules, showing the text of the Department’s rules, as well as the text of the Federal regulations at 40 CFR Part 68, which is incorporated by reference.

Toxic Catastrophe Prevention Act Program Rules Notice of Readoption.This is a courtesy copy of the Notice of Readoption with Technical Changes of the TCPA Program rules, N.J.A.C. 7:31. The official version of the Notice was published in the February 1, 2016, New Jersey Register. Should there be any discrepancies between the text in the courtesy copy and the official version of the Notice, the official version will govern.

Notes from Department's public workshop on the 2009 Rule Readoption and Amendments, reviewing key regulatory changes and their application. (June 2009, pdf)

Frequently Asked Questions about the 2009 Rule Readoption and Amendments, addressing threshold quantities, rule applicability, process hazard analysis with risk assessment (PHA/RA), the transition from Program 2 to Program 3, and other topics. January 2010, pdf)

TCPA Rule Readoption with Amendments. (Published in the New Jersey Register March 16, 2009. pdf format. This download originates from the DEP Rules and Regulations web site.)

Proposal for TCPA Rule Readoption with Amendments. (Published in the New Jersey Register September 15, 2008. pdf format. This download originates from the DEP Rules and Regulations web site.)

Rule Adoption for Inherently Safer Technology (IST) Review. This rule adoption mandates IST reviews at all TCPA facilities, including those not previously subject to such requirements. This document also contains the Department's responses to comments received during the adoption process. (Adopted May 5, 2008. pdf format. This download originates from the DEP Rules and Regulations web site.)

Rule Proposal for Inherently Safer Technology (IST) Review. This is the original proposal for the rule adoption described above. It is not the final rule. (March 2007, pdf. This download originates from the DEP Rules and Regulations web site.)

TCPA Rule Amendment Adoption Regarding Grace Periods, including Responses to Comments. (April 2006, doc)

TCPA Rule Amendment Proposal Regarding Grace Periods. (May 2005, doc)

TCPA Rule Readoption 2003, N.J.A.C. 7:31, including responses to comments. (As adopted August 2003, pdf)

Toxic Catastrophe Prevention Act, N.J.S.A.13:1K-19 et seq. (html)

Facilities regulated by the TCPA program must perform Inherently Safer Technology reviews.

Guidance for Toxic Catastrophe Prevention Act (TCPA) Inherently Safer Technology (IST) Review (September 25, 2017, pdf)
This guidance document assists owner/operators in understanding the requirements for performing the IST Review and preparing and submitting the IST Review report.

IST Implementation Summary, reviewing the Department's experiences with the program during 2008 and 2009. It documents that IST evaluation successfully identified cost effective and technically feasible alternatives at many facilities. (January 2010, pdf)

IST Implementation Summary, provides an update of the Department’s 2010 IST Implementation Summary for TCPA facilities’ IST studies conducted from 2016  through 2021. It documents that IST evaluation continued to successfully identify cost effective and technically feasible alternatives at many facilities. (July 2022, pdf)

Four presentations given during the Bureau's IST Review Workshop on June 17, 2008, are available for download.

IST Rule Requirements. (June 2008, pdf)

IST Concepts and Methodologies. (June 2008, pdf)

IST Examples and Case Studies. (June 2008, pdf)

IST Sample Worksheets. (June 2008, pdf)

Compliance Audit Checklists

Facility owner/operators must perform annual compliance audits to ensure that the procedures and practices mandated by N.J.A.C. 7:31 are being implemented. To facilitate these risk management program audits, the TCPA program has prepared the following Microsoft Excel spreadsheet checklists to assist in completion of these audits.

TCPA Compliance Audit Checklist (March 2017, pdf)

The use of the TCPA Compliance Audit Checklist is not mandated by the rules. Please note that the TCPA rules require a final compliance audit report that contains additional information about the audit. (See 40 CFR 68.79 (c) and (d) incorporated with changes at N.J.A.C.7:31-4.1(c)14 and 23.) The Checklist alone does not meet that requirement. If you conduct any other audit(s) that encompass the Risk Management Program of a TCPA covered process and identify findings related to a covered process and rule requirements or become aware of Risk Management Program deficiencies through another means such as a regulatory inspection, you must include those findings and actions taken to address them as part of the TCPA compliance audit and report if they remain open at the time of the TCPA audit. Other audits may include internal company audits, third party audits and audits for other regulatory or insurance purposes.

Annual Report Guidance

As described in N.J.A.C. 7:31, each owner or operator of a process covered under Program 3 must submit an annual report. The following document provides additional information on the content and preparation of these reports.

Guidelines for TCPA Annual Reports. (August 2021, pdf)

Special Topics Guidance

Documentation Plan Template
(December 2017, xlsx)
As part of the management system, a facility must have a documentation plan that is a list of all documents required by the TCPA rules. The documentation plan must include the title, identification number, and storage location for each document. The Documentation Plan Template is a suggested format to be used for the documentation plan to help facilities comply with this requirement.

Guidance on Identifying Process Safety Incidents
(April 2016, pdf)
This guidance document assists owner/operators in understanding what incidents must be investigated and how to improve their management systems to identify those incidents when they occur.

Guidance on Process Hazard Analysis with Risk Assessment, (PHA/RA). (September 2016, pdf)
This guidance document assists owner/operators in conducting and reporting process hazard analysis with risk assessments.

Guidance on Offsite Consequence Analysis Toxic Endpoint for New Jersey EHS's. (May 2015, pdf)
This guidance document assists owner/operators in obtaining the concentration endpoint to use for their RMP's worst case and alternative release scenarios when New Jersey-only EHS's are involved, specifically those not listed by the EPA in 40 CFR 68.

Guidance on Hazard Assessment for Reactive Hazard Substances (RHS) and RHS Mixtures. (March 2017, pdf)
This guidance document assists owner/operators in conducting their RMP's worst case and alternative release scenarios for RHS and RHS mixtures.

Guidance for TCPA New Covered Processes. (July 2019, pdf)
This guidance document assists owner/operators to understand the TCPA rule requirements when constructing a new covered process or when utilizing existing equipment for a new covered process.

Guidance for Determining the Applicability of the TCPA Program Rules. (June 2022, pdf)
This guidance document helps owner/operators determine when a threshold quantity of an Extraordinarily Hazardous Substance is present at a facility.

Administrative Order NO. 2005-05-Employee Participation. (September 2005, pdf)

TCPA Program - Employee Participation Fact Sheet. (May 2019, pdf)

Confidential Information Claim Form. (August 2011, pdf)
Any documents that a facility seeks to claim as confidential pursuant to N.J.A.C. 7:31-10 must be accompanied by this form when submitted to the Department. All required information must be provided.

Integrated Contingency Plan Guidance (One Plan). (June 1996, pdf)

Transfer of Ownership

Transfer of Ownership Consent Agreement Addendum. (April 2016, pdf)
N.J.A.C. 7:31-7.4(a) and (b) require that, in the event of the transfer of the covered process to a new owner or operator, change in ownership or the name of an owner or operator, the new owner or operator must adopt the existing, approved TCPA Risk Management Program or obtain a new, approved TCPA Risk Management Program for the covered process before operating EHS equipment. To adopt the existing approved Risk Management Program from the former owner or operator, the new owner or operator must submit an updated Risk Management Plan registration and sign an addendum to the former owner or operator’s initial consent agreement. To facilitate the adoption of the existing approved Risk Management Program from the former owner or operator, the new owner or operator should complete, sign, and submit the above Transfer of Ownership Consent Agreement Addendum along with the updated Risk Management Plan registration. If the new owner or operator wishes to adopt a new Risk Management Program, please contact the TCPA Program to review what must be completed.

If the transfer of ownership involves a spinoff in which the predecessor owner/operator is transferring part of the TCPA facility to a successor owner/operator, thus creating an additional TCPA facility, the successor owner/operator must first obtain a new TCPA ID# by submitting to the Department a TCPA Identification Number Request Form.  After obtaining the new TCPA ID#, the successor owner/operator must submit a Risk Management Plan using the Department’s eNJRMP online service and a completed Transfer of Ownership Consent Agreement.