041607a
NJ DEPARTMENT of ENVIRONMENTAL PROTECTION
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 https://www.lexisnexis.com/hottopics/njoal/;
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