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

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Environmental Regulation
Bureau of Release Prevention, Toxic Catastrophe Prevention Act Program

Notice of Rule Proposal
Toxic Catastrophe Prevention Act Program, Inherently Safer Technology Review

Public Notice
Take notice that the NJ Department of Environmental Protection is proposing amendments to N.J.A.C.  7:31-1.5, 3.3, 3.4, 4.2, 4.9, 4.11, and 11.4 and new rules at N.J.A.C. 7:31-3.6 and 4.12.  A statement of the proposal follows:

The Toxic Catastrophe Prevention Act (TCPA), N.J.S.A. 13:1K-19 through 31, and rules require facilities handling extraordinarily hazardous substances (EHSs) at or above established threshold quantities to anticipate the circumstances that may result in a release and take the necessary steps to minimize the risk of occurrence of the release. Currently, owners or operators constructing a new Program 3 covered process must perform an evaluation of Inherently Safer Technology (IST).  The Department is proposing to amend the TCPA rules to expand the requirements relating to inherently safer technologies (ISTs) to apply to both Program 2 and Program 3 covered processes and to make these requirements applicable to both existing and new processes, rather than to just newly designed and constructed Program 3 covered processes. The proposed rule amendments and new rules will require all TCPA facilities to conduct an IST review with provisions for documenting the review, recommendations, submittal to the Department, updates of the review, and associated penalties.  These amendments will enhance the TCPA program by requiring regulated facilities to perform an IST review to identify alternatives to eliminate or reduce the risk of an EHS release.  Implementation of these alternatives will serve to reduce the potential consequences or likelihood of a release to the facility’s surrounding community.

The proposal is scheduled to be published in the New Jersey Register dated April 16, 2007.  A copy of the proposal is available from: the Department (PDF); LexisNexis Customer Service at (800)223-1944 or; or contact the Department at (609) 633-0610.  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:

Monday, May 14, 2007 at 9:00 A.M.
New Jersey Department of Environmental Protection
First Floor Public Hearing Room
401 E. State Street, Trenton, New Jersey  08625

Written comments may be submitted by June 15, 2007 to:

NJ Department of Environmental Protection
Leslie W. Ledogar, Esquire
ATTN: DEP Docket Number 06-07-03/646
Office of Legal Affairs
PO Box 402
Trenton, New Jersey 08625

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