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


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