New Jersey Technical Assistance Program for Industrial Pollution Prevention
   
New Jersey Technical Assistance Program
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New Jersey's Toxic Catastrophe Prevention Act Program



Authority: NJSA 13:1 and 26:2
Effective Date: June 18, 1993, Readoption, and July 19, 1993, Amendments
Expiration Date: June 18, 1998

The purpose of this program is to protect the public from catastrophic accidents from chemical releases of extraordinarily hazardous substances (EHSs) to the environment by anticipating the circumstances that could result in such releases and requiring precautionary and preemptive actions to prevent such releases.

The Act applies to sites that handle, use, manufacture, store, or have the capability to generate an extraordinarily hazardous substance in at least the registration quantity established for such substance or chemical compound on the Extremely Hazardous Substance list set forth in Table I of NJAC 7:31-2.3.

The registration process involves the submission of a TCPA registration form (STP-010) which includes general facility information, process descriptions, inventory information related to extremely hazardous substances, and whether or not the facility has a risk management plan. Facilities required to develop an EHS risk reduction work plan and accident risk assessment and risk reduction plan should utilize either NJDEP personnel, a consultant hired by the NJDEP and paid for by the registrant, or an independent consultant nominated by the registrant, chosen by the Department and hired and paid by the registrant.

Work required can be summarized as follows:
  1. Perform an extremely hazardous substance accident risk assessment.
  2. Develop a recommended risk reduction plan inclusive of the identification of those activities necessary to create a risk management program.
  3. Upon completion of the EHSARA, the consultant or the Department shall prepare in accordance with the schedule in the work plan an EHSARA report including recommendations to reduce risks.
  4. After submission to the NJDEP, the Department shall review the EHSARA report and prepare a risk reduction plan which will be incorporated into an administrative order which will be issued to the registrant. The administrative order shall direct the registrant to implement the risk reduction plan which shall include:
    • a list of risks that must be reduced;
    • the actions the registrant is to take to reduce the risks including those necessary to complete a risk management plan and a schedule; and
    • a statement that the registrant has an established risk management program.
In addition, each registrant with an approved risk management program shall submit on or before anniversary of the initial approval of its risk management program an annual report meeting the requirements of NJAC 7:31-3.13. They are also required to pay an annual fee to the Department.

The Risk Management Plan shall include:
  1. a safety review of design for new and existing EHS facilities;
  2. standard operating procedures;
  3. preventative maintenance programs;
  4. operator training;
  5. accident investigation procedures;
  6. risk assessments for specific pieces of EHS equipment or operating alternatives;
  7. emergency response planning;
  8. internal or external risk management program audit procedures;
  9. the appointment of a manger to maintain compliance with the risk management program;
  10. maintaining information on process chemistry;
  11. maintaining inventory records with regard to inventory of EHSs;
  12. reports of hazard analyses, risk assessments and safety reviews of new and existing equipment performed during the previous six calendar years;
  13. accident investigation procedures, records and reports covering EHS accidents for the past six calendar years;
  14. updated process flow diagrams of each EHS facility;
  15. updated P&ID's;
  16. SOP's;
  17. site wide safety procedures;
  18. emergency response program and plans;
  19. a description of the EHS operating training program including job classifications and job descriptions for EHS operators and records for the service period of the employees;
  20. documentation of EHS operator training conducted for the last three calendar years;
  21. topographic maps;
  22. site plans;
  23. EHS equipment specifications;
  24. national electrical code classification diagrams for the EHS facility;
  25. electrical one line diagrams;
  26. fire water system piping diagrams;
  27. sewer system piping diagrams;
  28. preventative maintenance program and records covering EHS equipment throughout service life;
  29. annual calendar year tabulations of EHS equipment inspected and tested versus EHS equipment scheduled to be inspected and tested for the last three calendar years; and
  30. audit procedures and reports as required at NJAC 7:31-3.11 for the last three calendar years.

Also specified by the TCPA program are EHS accident investigation procedures, audit requirements, risk management program checklist (STP-011's) requirements, and penalties for violations. For further and more detailed information, contact NJDEP's Bureau of Release Prevention at (609)-633-7289.
Copyright © 1999
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New Jersey Technical Assistance Program for Industrial Pollution Prevention ·
138 Warren Street · Newark, NJ 07102-1982 ·
Phone: 973-596-5864 · Fax: 973-596-6367 · Email: njtap@megahertz.njit.edu