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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
Division of Environmental Safety and Health/Bureau of Release Prevention

Notice of Rule Proposal
Toxic Catastrophe Prevention Act Program rules – N.J.A.C. 7:31

Public Notice
Take notice that the NJ Department of Environmental Protection is proposing to readopt with amendments the Toxic Catastrophe Prevention Act (TCPA) rules at N.J.A.C.  7:31.   A statement of the proposal follows:

The TCPA rules, which incorporate by reference the federal Chemical Accident Prevention rules at 40 CFR 68, specify the requirements for developing and implementing risk management programs for owners or operators handling, using, storing, manufacturing, or generating Extraordinarily Hazardous Substances (EHSs) at or above established threshold quantities.  These rules, adopted in 1988 and readopted in 1993, 1998, and 2003, are due to expire on February 9, 2009 in accordance with the sunset provisions of N.J.S.A. 52:14B-5.1.

The Department is proposing significant amendments to the rules: elimination of the “industrial complex” definition and rule provisions, petroleum refining process unit definition, repeal of the Program 2 prevention program requirements and Program 2 covered processes becoming subject to Program 3, elimination of the use of the “state of the art” definition and provisions, revised concentration and likelihood criteria to determine risk reduction in risk assessment, inclusion of Liquefied Petroleum Gas (LPG) components to the list of TCPA EHSs, deletion of the exemption for Group I Reactive Hazard Substances (RHSs) that have an inhibitor, addition of an exemption for RHS mixtures that cannot have a catastrophic accident, addition of organometallics to the list of RHS mixture functional groups at Table I, Part D, Group II, increased penalty for facilities that fail to register a Risk Management Plan, amendments to the confidentiality provisions, determination of threshold quantity applicability based on a facility-wide basis rather than within individual covered processes, and other changes to clarify existing rule requirements.

The proposal is scheduled to be published in the New Jersey Register dated September 15, 2008.  A copy of the proposal is available from the Department at:; 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 concerning the proposal is scheduled as follows:

Tuesday, October 14, 2008 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 November 14, 2008 to::

NJ Department of Environmental Protection
Leslie W. Ledogar, Esquire
ATTN: DEP Docket Number 14-08-08/660
Office of Legal Affairs
PO Box 402
Trenton, New Jersey 08625

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