OFFICIAL SITE OF THE STATE OF NEW JERSEY
Discharges of Petroleum and Other Hazardous Substances (DPHS) Program
The Discharges of Petroleum and Other Hazardous Substances (DPHS) Program operates under the authority of the New Jersey Spill Compensation and Control Act, N.J.S.A. 58:10-23.11. The requirements of the program are codified under N.J.A.C. 7:1E, and that regulation serves as the basis for the Program’s work. All facilities and individuals in the State, even homeowners, are subject to the reporting requirements of N.J.A.C. 7:1E-5 should a discharge of a hazardous substance occur. However, the majority of the regulatory requirements apply only to facilities that store 20,000 gallons or more of New Jersey-regulated hazardous substances, excluding petroleum products, or 200,000 gallons of regulated hazardous substances including petroleum products.
The DPHS Program does the following:
- Reviews Discharge Prevention Containment and Countermeasure (DPCC) and Discharge Cleanup and Removal plans
- Inspects regulated facilities
- Administers enforcement actions
The official version of New Jersey Regulations can be found in the New Jersey Administrative Code published by Lexis Nexis. (Phone: 800-223-1940)
| Title | Description | Last Updated |
| N.J.A.C. 7:1E, Discharges of Petroleum and Other Hazardous Substances | Specifying the requirements of the program. This file does not include Appendices A and B, which are available below. | Readoption effective January 27, 2014. New Jersey Register publication date March 3. Last Amendment Date: August 6, 2018 |
| N.J.A.C. 7:1E-Appendix A | Appendix A lists hazardous substances and categories. Lists are provided by name and by CAS number. Petroleum products are also regulated, but most do not appear on this list. | Readoption effective January 27, 2014. New Jersey Register publication date March 3, 2014. Last amended: June 1, 2020 |
| PFOA and PFOS | The NJDEP has amended the List of Hazardous Substances in Appendix A to include the acidic and anionic forms of PFOA and PFOS and their salts and esters. | Adopted June 2020 |
| N.J.A.C. 7:1E-Appendix B | Appendix B provides financial responsibility documents. | Readoption effective January 27, 2014. New Jersey Register publication date March 3, 2014. |
| N.J.S.A. 58:10-23.11, The New Jersey Spill Compensation and Control Act | Authorizing the program. | Adopted August 6, 1990 Effective September 3, 1991 |
| Administrative Order 2007-03 | Establishing provisions for employee participation during site inspections conducted by the Discharge Prevention Program. | Effective April 2, 2007 |
| Guidance on Changes to Appendix A Resulting from the 2007 Readoption | 2007 Readoption Revisions. | March 2007 |
| Title | Description | Last Updated |
| DPHS FAQs | Frequently Asked Questions about the Discharge Prevention (DPHS) Program | January 2024 |
| Title | Description | Last Updated |
| A Guide to Hazardous Substance Storage Capacity | To assist in determining whether a site is subject to the Discharge Prevention regulations as a major facility. Topics discussed include storage volumes, solid hazardous substances, underground storage tanks, distinctions between storage areas and process areas, and acceptable out-of-service designations. | February 2017 |
| Title | Description | Last Updated |
| A Guide to Discharge Prevention Plans | Providing information on preparing DPCC and DCR plans. This information will also be of interest when preparing plan renewals. | May 2022 |
| Plan Renewal Guidance | For facilities renewing existing plans. | February 2020 |
| A Guide to Plan Amendments, Advance Notifications, and Minor Information Changes | Addressing changes to facilities, personnel, and procedures. | March 2018 |
| Environmentally Sensitive Areas Guidance | Gathering information on Environmentally Sensitive Areas to prepare a protection plan. | October 2017 |
| Title | Description | Last Updated |
| Financial Responsibility Under N.J.A.C. 7:1E | Guidance for required financial responsibility. | January 2017 |
| Title | Description | Last Updated |
| Guide to Testing and Inspection of Aboveground Storage Tanks | Reviewing the applicability of inspection protocols from the American Petroleum Institute, the Steel Tank Institute, the American Society for Testing and Materials, and others. Examples of how compliance with N.J.A.C. 7:1E can be documented in the DPCC plan are also provided. | March 2024 |
| Title | Description | Last Updated |
| Employee Participation Fact Sheet | Reviewing required notification of employees and their representatives before scheduled inspections, and provisions allowing them to participate. | March 2007 |
| Guide to Annual Audit Inspections | Describing what owners and operators can typically expect during their annual inspections. | January 2018 |
| Annual Audit Checklist | Summarizing topics covered during annual inspections. | February 2020 |
| Title | Description | Last Updated |
| Soil Permeability Testing for Earthen Secondary Containment Areas | Applicable to certain installations constructed prior to 1991. | November 2013 |
| Title | Description | Last Updated |
| Transmission Pipeline Registration Form 2022 | Form | January 2022 |
| Transmission Pipeline Registration Instructions 2022 | Instructions | January 2022 |