NEW JERSEY CHEMICAL INDUSTRY PROJECT
COMPLIANCE ASSISTANCE MATERIALS
FOR NEW JERSEY
ENVIRONMENTAL REGULATIONS
U.S. EPA Headquarters Library
Mail code 3201
/u
Washington DC 20460
NW
Prepared by
New Jersey Chemical Industry Project
Compliance Assistance Pilot Team
SPA
131 /
L998.1
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NEW JERSEY CHEMICAL INDUSTRY PROJECT
COMPLIANCE ASSISTANCE MATERIALS
INTRODUCTION
The United States Environmental Protection Agency's (US EPA) Industry Strategies Division
spearheaded a project with the New Jersey Department of Environmental Protection (NJ DEP), US
EPA Region 2, and a stakeholder group of industry, environmental groups, and community
representatives that focused on the batch chemical manufacturing industry in New Jersey. The goal
of this project, named the New Jersey Chemical Industry Project, was to assess current
environmental protection strategies on a sector basis and develop better approaches.
The group started by asking what inspires companies to achieveor keeps them from
achieving-better environmental performance. From this information, they developed a list of 45
issues for possible pilot projects to test new environmental protection strategies. The Stakeholder
group chose to focus on four pilots: materials recycling across and within facilities; flexible track
for good environmental performers; trading effluent limits; and compliance assistance. The
information presented in this website was developed as part of the compliance assistance pilot. A
summary of this pilot follows. For more information on the other pilots and the overall NJ Chemical
Industry Project, please go to http://www.epa.gov/oppe/isdynj.htm
The Compliance Assistance Pilot
The objective of the Compliance Assistance Pilot is to improve environmental compliance within
the batch chemical industry by identifying which forms of compliance assistance are most beneficial
to the industry and which have the most potential for improving environmental performances. By
developing mechanisms that allow the regulated community to better understand their environmental
obligations, we can increase compliance rates, which in turn will further our goal of environmental
protection. Although the pilot was designed to focus on the needs of the batch chemical industry in
particular, the products are useful to other segments of the regulated community as well.
Acknowledging that some forms of compliance assistance already exist on both a state and federal
level, the group sought to identify and meet the needs of the regulated community that were not
currently being addressed by existing or planned efforts. For example, US EPA's Office of
Enforcement and Compliance Assurance (OECA) is developing a national Chemical Industry
Compliance Assistance Center, so the team opted to focus its efforts on state regulations.
Information on industry's compliance assistance needs was collected by circulating a questionnaire
among industry representatives on the stakeholder group and reviewing existing information
compiled by OECA and the Chemical Manufacturer's Association. The results showed that industry
has difficulty understanding a number of NJ regulations and that complying with the regulations is
very time intensive, especially for small companies. Companies stated that they would like to know
which regulations apply to them, what they need to do to comply, and how they can stay abreast of
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regulatory changes. They tell that materials on a website, plain language descriptions of regulations
and applicability flowcharts; regulatory alert services, and a mechanism to ask questions
anonymously would be the most beneficial forms of compliance assistance. In response to these
findings, the Pilot Team decided to develop three compliance assistance tools.
First, we prepared a list of the state regulations t lat typically apply to the batch chemical industry
and wrote corresponding short, plain language summaries. For each regulation, we also provided
phone numbers of the appropriate Permitting and Enforcement program offices within NJ DEP that
facilities could call with questions. Second, we selected several regulations that the group believed
applied to most batch chemical operations and appeared to represent particular compliance
challenges for these facilities. We then developed flowcharts to aid facility staff in determining
whether the requirements of the particular regulation applied to them. Finally, we compiled a
bibliography of available compliance assistance resources, such as training materials and regulatory
guides. All of these materials are located on this website. We encourage you to periodically browse
this site because new information will be added and it will be updated as regulations change.
It is our hope that improved access to regulatory information, through mechanisms such as this pilot
project and website, will be beneficial to the regulated community. Please keep in mind that although
this project was geared toward the batch chemical industry, the end product is applicable to a much
wider universe of facilities. We are interested in hearing your comments, questions and concerns
with regard to the information on this site. Please help us better address your needs by completing
the user survey.
If you have any questions about the website or the compliance assistance materials, please contact:
Kent Davis
NJ Department of Environmental Protection
Phone:609-633-1147
Fax: 609-984-9658
kdavis@dep.state.nj
.us
These compliance assistance materials contain addresses for non-NJ DEP websites with additional
compliance assistance information. These websites are not maintained by NJ DEP or the state of New
Jersey, and NJ DEP makes no special endorsement for the contents of these websites or the views
expressed by their publishers. In addition, they do not contain official NJ DEP interpretations of the laws
and regulations of the state of New Jersey or the United States government However, the websites may
contain useful information and their addresses [ are provided to aid the regulated community in
understanding and complying with certain federal and state environmental regulations.
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NEW JERSEY CHEMICAL INDUSTRY PROJECT
INTRODUCTION TO THE REGULATIONS ADMINISTERED BY THE NEW JERSEY
DEPARTMENT OF ENVIRONMENTAL PROTECTION
This document is intended to provide a "roadmap" to help guide you through the regulations
administered by the New Jersey Department of Environmental Protection (NJ DEP). It consists of
three attachments that: (1) list the regulations administered by NJ DEP; (2) provide brief summaries
of those regulations that contain standards relevant to industrial facilities and builders; and (3)
describe how regulations are adopted, and provide an introduction to the New Jersey Administrative
Code and the New Jersey Register. The attachments are described in greater detail below.
Attachment A is a list of the environmental regulations administered by NJ DEP all of
the chapters under Title 7 of the New Jersey Administrative Code. Please note that there are
additional environmental laws, regulations, ordinances, and requirements that are not
administered by NJ DEP, but rather by other state or local agencies or the federal
government. For example, local building ordinances are enforced by local government.
Attachment B provides brief summaries of those regulations administered by NJ DEP that
typically contain standards and requirements that apply to industrial facilities and builders
in NJ. There are several contact phone numbers for each regulation. For most regulations,
there are two phone numbers provided: a Permitting phone number and a Compliance and
Enforcement phone number. The inspectors for the Compliance and Enforcement program
are located in regional offices throughout the state. The counties covered by Enforcement's
regional offices are as follows:
Northern: Hunterdon, Morris, Passaic, Somerset, Sussex, Warren, Bergen, Essex
and Hudson.
Central: Mercer, Middlesex, Monmouth, Ocean and Union
Southern: Atlantic, Burlington, Camden, Cape May, Cumberland, Gloucester
and Salem.
The Northern region of the Air Compliance and Enforcement program is being temporarily
administered out of two locations so you will notice two phone numbers listed for Air's northern
office in the following pages.
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NEW JERSEY CHEMICAL INDUSTRY PROJECT
You may call any of the phone numbers listed when you have a question about a particular
regulation. Please do not rely only on these: regulatory summaries when evaluating your
compliance obligations; always refer to the mqst recent version of the regulations. Your legal
responsibility is to meet the standard in the regulations. If you do not have a copy of the
regulations, please call the numbers listed in the summaries.
Attachment C is a brief summary of the process for adopting a regulation, as well as an
introduction to the New Jersey Administrative Code and the New Jersey Register. There is
also an explanation of regulatory citations.
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NEW JERSEY CHEMICAL INDUSTRY PROJECT
ATTACHMENT A
LIST OF REGULATIONS ADMINISTERED BY
THE NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION
(Regulations with asterisks (**) are included in the "Summary of Select NJ DEP Regulations.")
Title 7: Department of Environmental Protection
Chapter 1: Rules of Practice and Procedure
Chapter 1 A: Water Supply Loan Program
Chapter IB: Environmental Guidelines for Planning, Designing and
Constructing Interceptor Sewers
Chapter 1C: Ninety Day Construction Permits
Chapter ID: Allocation of Water Supply Costs for Emergency Water Projects
Chapter IE: Discharge of Petroleum and Other Hazardous Substances**
Chapter 1G: Worker and Community Right-to-Know Regulations**
Chapter 1H: County Environmental Health Standards of Administrative
Procedure and Performance
Chapter 11: Processing of Damage Claims Pursuant to the Sanitary Landfill
Facility Closure and Contingency Fund Act
Chapter 1J: Processing of Damage Claims Pursuant to the Spill Compensation
and Control Act
Chapter IK: Pollution Prevention Program Rules**
Chapter 1L: Payment Schedule for Permit Application Fees Permits
Chapter 2: State Park Service Code
Chapter 3: Bureau of Forestry
Chapter 4: Procedures Concerning the New Jersey Register of Historic Places
Chapter 4A: Historic Preservation Grant Program
Chapter 4B: Historic Preservation Revolving Loan Program
Chapter 4C: Historic Preservation Bond Program
Chapter 5: Office of Environmental Services Matching Grants Program for
Local Environmental Agencies
Chapter 5A: Natural Areas and Natural Areas System
Chapter 5B: Open Lands Management
Chapter 5C: Endangered Plant Species Program
Chapter 5D: State Trails System
Chapter 7: Division of Coastal Resources: Coastal Permit Program Rules**
Chapter 7A: Freshwater Wetlands Protection Act Rules**
Chapter 7E: Coastal Zone Management
Chapter 8: Storm Water Management
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Chapter 9: Water Pollution Cfontrol
Chapter 9A: Standards for Individual Subsurface Sewage Disposal Systems
Chapter 9B: Surface Water Quality Standards
Chapter 10: Safe Drinking Water Act**
Chapter 10A: Licensing of Water Supply and Wastewater Treatment System
Operators** '
Chapter 11: New Jersey Water Supply Authority
Chapter 12: Shellfish-Growing Water Classification
Chapter 13: Rood Hazard Area Control * *
Chapter 14: Water Pollution Control Act**
Chapter 14A: The New Jersey Pollutant Discharge Elimination System**
Chapter 14B: Underground Storage Tanks**
Chapter 15: Statewide Water Quality Management Planning
Chapter 16: General Administration
Chapter 18: Regulations Governing the Certification of Laboratories and
Environmental Measures**
Chapter 19: Water Supply Allocation Permit**
Chapter 20: Dam Safety Standards**
Chapter 20A: Standards and Propedures for Establishing Privileges to Divert
Water and for Obtlaining Water Usage Certifications for
Agriculture
Water Resource Management
Construction Grants for Wastewater Treatment Facilities
Sewage Infrastructure Improvement Grants
Flood Control Boiid Grants
Dam Restoration Grant Regulations
Dam Restoration and Inland Waters Projects Loan Program Rules
Division of Fish, Game and Wildlife
Oysters
Solid Waste**
Recycling Rules**
Industrial Site Recovery Act Rules (formerly known as the
Cleanup Responsibility Act Rules)**
Department Oversight of the Remediation of Contaminated Sites
Technical Requirements for Site Remediation
Remedial Priority System
Hazardous Waste
Solid Waste Utility Regulations
Uniform System of Accounts for Solid Waste Collection and
Disposal Utilities
Air Pollution Control**
Air Administrative Procedures and Penalties
Sampling and Analytical Procedures
Department of Oversight of the Remediation of Contaminated
Sites
Bureau of Radiation Protection**
Chapter 21:
Chapter 22:
Chapter 22A:
Chapter 23:
Chapter 24:
Chapter 24A:
Chapter 25:
Chapter 25A:
Chapter 26:
Chapter 26A:
Chapter 26B:
Environmental
Chapter 26C:
Chapter 26E:
Chapter 26F:
Chapter 26G:
Chapter 26H:
Chapter 261:
Chapter 27:
Chapter 27 A:
Chapter 27B:
Chapter 27C:
Chapter 28:
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Chapter 29: Noise Control
Chapter 30: Pesticide Control Code**
Chapter 31: Toxic Catastrophe Prevention Act Program**
Chapter 32: Energy Conservation in State Buildings
Chapter 35: Real Property Taxation
Chapter 36: Green Acres Grant Program
Chapter 38: Wild and Scenic Rivers System
Chapter 45: Delaware and Raritan Canal State Park Review Zone
Chapter 50: Pinelands Comprehensive Management Plan
Chapter 60: Assessment of Generators for the Cost of Siting and Developing a
Low-Level Radioactive Waste Disposal Facility
Chapter 61: Rules of the Board of Commissioners of Pilotage
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NEW JERSEY CHEMICAL INDUSTRY PROJECT
ATTACHMENT B
SUMMARY OF SELECTED NJ DEP REGULATIONS1
(1) Discharge Prevention Rules (N.J.A.C. 7:IE)
These regulations govern major facilities storing, transferring, processing or using hazardous
substances and the standards for equipment and procedures utilized at those facilities. They
also specify information that must be submitted by major facilities regarding discharge
prevention, containment and countermeasure (DPCC) plans; and discharge cleanup and
removal (OCR) plans. In addition, the regulations prescribe requirements for reporting
discharges.
An applicability flowchart is available for these regulations.
NJ DEP Contacts
i) Plan Approvals/Renewals and Enforcement, all regions: 609-633-0610
(2) Worker and Community Right to Know (N.J.A.C. 7:1G)
These regulations require certain employers with specific Standard Industrial Classification
(SIC) Codes to complete and return the Community Right to Know Survey to the department
on an annual basis (March 1 of each year). The Survey is an annual report of environmental
hazardous substances (EHS) that are stored, produced or used at a facility. The Survey must
be completed by all employers within the specific SIC Codes, even if no hazardous materials
are used or stored at the facility. This information is available to the public and to
emergency responders such as police, fire and local health departments. Collection of this
information also serves to facilitate proper preplanning for a response to a facility emergency
1 This attachment provides summaries and contacts for those NJ DEP regulations that
typically contain standards and requirements that apply to industrial facilities and builders in New
Jersey. The regulations are listed by Chapter (in regulatory citations given as N.J.A.C. 7:27-8, the
number immediately following the semicolon indicates the Chapter (i.e., 27)). NJ DEP has prepared
applicability flow charts for some of these regulations. The flow charts are intended to assist you
in determining whether and how a regulation applies to your facility. The availability of the flow
charts are indicated in italics at the bottom of the appropriate summaries. To obtain a copy of the
flow charts, contact NJ DEP Department of Compliance and Enforcement, 609-984-3285 or 609-
292-3600. They are also available from the NJ DEP website; http://
www.state.nj.us/dep/enforcement
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that may threaten the surrounding community or the environment. These regulations also
require certain manufacturing sector facilities to complete and return the Release and
Pollution Prevention Report (RPPR or DEQ-114) to the department on an annual basis (July
1 of each year). Facilities mandated to) complete the federal Form R must also provide
additional information regarding the Section 313 toxic chemicals that are reported on the
Form R. The RPPR is used to collect information for the Community Right to Know
program and the Pollution Prevention program. Like the Form R, the information reported
is for the previous calendar year. In addition to environmental release and off-site transfer
data collected on Form R, the RPPR collects chemical throughput data (also referred to as
chemical use or materials accounting information) and annual pollution prevention progress
information.
An applicability flowchart is available for the Community Right to Know Survey required
under these regulations.
NJ DEP Contacts
i) Bureau of Chemical Release Information and Prevention: 609-292-6714
(3) Pollution Prevention (NJ.A.C. 7:1K)
These regulations required "priority industrial facilities" within certain SIC codes to prepare
a Pollution Prevention Plan and submit a Pollution Prevention Plan Summary to NJ DEP by
July 1994 or July 1996, depending upon trje facility's industrial classification. New facilities
are required to submit a Pollution Prevention Plan to NJ DEP within the first 18 months of
operation. In general, "priority industrial facilities" are the same facilities that are required
to submit Form R, the Toxic Release Inventory Report, to the US EPA.
An applicability flowchart is available for the Release and Pollution Prevention Report
required under these regulations.
NJ DEP Contacts
i) Permitting, Office of Pollution Prevention and Permit Coordination: 609-777-0518,
609-984-0857 or 609-292-1122.
(4) Coastal Permit Program Rules (NJ.A.C. 7:7)
(A) Coastal Area Facilities Review Act (CAFRA) Regulations
The purpose of these regulations is to protect the coastal areas of the state from
adverse environmental impacts related to development. In general, CAFRA regulates
all industrial development that involves a manufacturing or industrial process within
the coastal areas. The coastal area includes the area seaward, bayward and riverward
of an irregular line beginning at the confluence of the Cheesequake Creek with
Raritan Bay and continuing at various distances inland from the Atlantic Ocean,
Delaware Bay, and to the limits of the state's territorial jurisdiction on the Delaware
River. '
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NJ DEP Contacts
i) Enforcement, Regional Offices
Toms River: 732-255-0787
Pomona: 609-652-0004 or 609-652-3046
Trenton: 609-292-1240
ii) Permitting, Land Use Regulation Program: 609-292-0060
(B) Coastal Wetlands
These regulations protect the coastal wetlands from contamination or degradation.
The coastal wetland is defined as that area at or below an elevation of one foot above
local extreme high water. Regulated activities may not occur on a coastal wetlands
without a permit from the Department. Regulated activities include, but are not
limited to, draining, dredging, the erection of structures or the dumping of rubbish.
NJ DEP Contacts
Same as 4A.
(C) Waterfront Development
These regulations require that all plans for the development of any waterfront of any
navigable waters of the state are first submitted to the Department for review and
approval. Waterfront development activities include dredging or filling as well as
the construction or addition of docks, piers, bulkheads, bridges, pipelines, cables,
pilings, and buildings.
NJ DEP Contacts
Same as 4A.
(5) Freshwater Wetlands (N.J.A.C. 7:7A)
These regulations govern the alteration of or disturbance in and around freshwater wetland
areas in the State and the discharge of dredged or fill material into state open waters.
Regulated activities include removing or disturbing soil, driving pilings, destroying plant
life, placing obstructions, and draining the water level.
NJ DEP Contacts
i) Enforcement, Regional Offices
Toms River: 732-255-0787
Pomona: 609-652-0004 or 609-652-3046
Trenton: 609-292-1240
ii) Permitting, Land Use Regulation Program: 609-292-0060
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(6)
(7)
(8)
Safe Drinking Water (N.J.A.C. 7:10 and 10A)
The purpose of the Safe Drinking Water regulations is to ensure the potability of public and
nonpublic water supplies. The regulations set forth the drinking water quality standards; the
construction and treatment standards; thej procedures by which water supplies are permitted;
the licensing of water and wastewater treatment operators; the standards for physical
connections between a public community water supply and any other water supply; and the
requirements regarding well drilling, construction and sealing.
Water supplies are broken down into three categories: 1) public community (a supply that
serves 25 or more year-round residents 01
or public noncommunity). The Departm
at least 15 service connections used by year round
residents); 2) public noncommunity (a supply that regularly serves at least 25 individuals
daily at least 60 days a year); and 3) nonpublic (a supply that is neither a public community
:nt, for the most part, enforces the provisions that
apply to public community and noncommunity water supplies and delegates the enforcement
of provisions that apply to nonpublic supplies to local authorities.
NJ DEP Contacts
i) Enforcement, Regional Offices
* Northern:
Central:
Southern:
97^-299-7592
609-584-4200
609-968-2640
ii) Permitting, Bureau of Safe Drinking Water: 609-292-5550
Permitting, Bureau of Water Allocation for well questions 609-292-2957
Flood Hazard Area Control (N.J.A.C. 7:13)
These regulations control construction anji other development activities in stream channels
and in areas subject to flooding in order to avoid or mitigate detrimental effects of such
activity. A stream encroachment permit is required for the construction, installation or
alteration of any structure or permanent fill along, in, or across the channel or flood plain of
any watercourse. A permit is also required for any alteration of or discharge into the
watercourse itself.
NJ DEP Contacts
i) Enforcement, Regional Offices
Toms River: 732-255-0787
Pomona: 609-652-0004 or 609-652-3046
Trenton: 609-292-1240
ii) Permitting, Land Use Regulation Program: 609-292-0060
Water Pollution Control (N.J.A.C. 7:14 and 14A)
The purpose of the Water Pollution Control regulations is to restore, enhance and maintain
the chemical, physical and biological integrity of the state's waters. The regulations set forth
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the construction and treatment standards for wastewater treatment works; the requirements
for receiving a New Jersey Pollutant Discharge Elimination System (NJPDES) permit for
discharges to surface and ground waters; and the requirements for discharging to a treatment
works.
NJDEP Contacts
i) Enforcement, Regional Offices
Northern: 973-299-7592
Central: 609-584-4200
Southern: 609-968-2640
ii) Permitting
Treatment Works Approvals and Sewer Connections
Contact: Bureau of Engineering and Construction: 609-292-6894 or
609-984-6840
Discharges to ground water, including Underground Injection Control (U1C)
Program and Stormwater Permitting Program
» The U1C program ensures that underground injection practices do not
endanger underground sources of drinking water. Specifically, the
UIC regulations govern the disposal of wastes by well injection as
well as the underground storage of fluids that have been emplaced by
means of an injection well and the injection of water.
» The Stormwater Permitting Program is applicable to certain
categories of facilities considered to be engaging in "industrial
activity." If these facilities discharge Stormwater (i.e., Stormwater
runoff, snow melt runoff, and/or surface runoff and drainage), they
may need a Stormwater permit.
Contact: Bureau of Non-Point Pollution Control: 609-633-7021
Discharges to surface water
Contact: Bureau of Point Source Permitting: 609-292-4860 or 609-633-3869
Pretreatment program requirements for local agencies
Contact: Bureau of Pretreatment and Residuals: 609-633-3823
Significant Indirect Users (i.e., users that discharge into treatment works)
Contact: Bureau of Pretreatment and Residuals: 609-633-3823
iii) Division of Water Quality Homepage:
http://www.state.aj.us/dep/dwq/dwqbome.btni
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(9) Underground Storage of Hazardous Substances (N.J.A.C. 7:14B)
These regulations govern underground storage tanks containing hazardous substances. The
goal is to ensure sound underground storagq tank management, thereby preventing, controlling,
remediating and /or abating actual or potential groundwater contamination.
NJ DEP Contacts
i) Site Remediation: 609-292-8761
ii) Underground Storage Tank Program Homepage:
http://www.state.nj.us/dep/srp/bust/busthtm
(10) Quality Assurance (Regulations Governing Laboratory Certification and Standards of
Performance) (N.J.A.C. 7:18)
Both the Water Pollution Control regulations and the Safe Drinking Water regulations require
that certain analyses be performed on saihples of water or sludge. NJ DEP adopted these
"Quality Assurance" regulations to establish procedures that a laboratory performing work
required pursuant to the above mentioned regulations must follow to obtain and maintain
certification and to properly analyze samples.
NJ DEP Contacts
i)
ii)
Enforcement
Northern:
Central:
Southern:
973-299-7592
609-584-4200
609-968-2640
Policy and Planning, Office of Quality Assurance: 609-292-3950
(11) Water Supply Management (NJ.A.C. 7:19)
These regulations are intended to ensure adequate water supplies (both quantity and quality)
to accommodate present and future needs of the state. This is accomplished through issuance
of water diversion permits; development and implementation of the statewide Water Supply
Management Plan; and monitoring of public community water supplies.
NJ DEP Contacts
i) Permitting, Bureau of Water Allocation: 609-292-2957
(12) Dam Safety (N.J.A.C. 7:20)
These regulations set forth procedures for constructing, repairing, modifying and inspecting
dams. They also set forth standards for the design and maintenance of dams.
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NJ DEP Contacts
i) Enforcement, Regional Offices
Toms River: 732-255-0787
Pomona: 609-652-0004 or 609-652-3046
Trenton: 609-292-1240
ii) Natural & Historic Resources, Dam Safety Section: 609-984-0859
(13) Solid Waste Management and Regulated Medical Waste Management (N.J.A.C. 7:26)
These regulations govern the registration, operation and closure of landfills and other solid and
hazardous waste facilities in the state as well as the registration, operation and maintenance of
solid waste transporting operations and facilities in the state. The regulations also encompass
the regulated medical waste program, which applies to facilities that generate, store, transport,
treat or destroy medical waste. The Department of Health has responsibility for enforcing the
regulated medical waste program, whereas the DEP has responsibility for the registration and
tracking components of the program.
NJ DEP Contacts
i) Solid Waste Enforcement, all Regions: 609-584-4180
ii) Solid Waste and Medical Waste Permitting and Registration, Bureau of Solid Waste
Regulation: 609-984-2080 or Office of Permitting and Technical Programs
609-984-5950.
NJ DOH Contacts
i) Regulated Medical Waste Enforcement: 609-588-3124
(14) Mandatory Source Separation and Recycling (N.J.A.C. 7:26A)
These regulations govern the operation of recycling centers in NJ. Specifically, the regulations
set forth the fees, approval procedures and operational standards for various types of recycling
centers. The regulations also contain standards for the management of used oil.
NJ DEP Contacts
i) Enforcement, all regions: 609-584-4180
ii) Permitting, Bureau of Recycling & Planning: 609-984-3438
iii) Used Oil: 609-292-6704
iv) Bureau of Solid Waste Regulation Homepage:
http://wwnv.state.nj.us/dep/dshw/swr/index.htm
(15) Industrial Site Recovery Act (ISRA, also formerly known as the Environmental Cleanup
and Responsibility Act) Regulations (N.J.A.C. 7:26B)
ISRA imposes certain preconditions on the sale, transfer, or closure of "industrial
establishments" involved in the generation, manufacture, refining, transportation, treatment,
storage, handling or disposal of hazardous substances or wastes.
An applicability flowchart is available for these regulations.
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(16)
NJ DEP Contacts
i) Site Remediation, Industrial Site Evaluation Element: 609-777-0899
ii) Industrial Site Recovery Act Hcjmepage:
http://www.state.nj.us/dep/srp/isra/isra.htm
Resource Conservation and Recovery Act Regulations (Hazardous Waste) (N.J.A.C.
7:26G)
By definition, hazardous waste is a subset of solid waste. Therefore, the hazardous waste
regulations are part of the solid waste regulations and, thus, are adopted under the same
authority: the Solid Waste Management Act. The hazardous waste regulations are often
referred to as the Resource Conservation and Recovery Act (RCRA) regulations because the
authority for the Department's hazardous iwaste enforcement program is delegated from this
federal act and the US EPA. A permit is required for all facilities treating, storing or disposing
of hazardous waste. The regulations also contain requirements for hazardous waste generators
and transporters.
NJ DEP Contacts
i)
ii)
»0
iv)
Enforcement
Northern:
Central:
Southern:
973-299-7592
609-584-4250
609-968-}601
Permitting, Office of Permitting and Technical Programs: 609-984-5950
Enforcement-Transportation Oversight, all regions: 609-584-4250
Bureau of Solid Waste Regulation Homepage:
http://www.state.nj.us/dep/dshw/swr/index.htm
(17) Air Pollution Control (N.J.A.C. 7:27)
NJ DEP Air Quality Permitting Program Homepage: http://www.state.nj.us/dep/aqpp
(A) Subchapter 5: Odors
This rule prohibits the release of air contaminants into the outdoor atmosphere in
quantities and duration that may be injurious to human health or welfare, animal or
plant life, or property, or would unreasonably interfere with the enjoyment of life and
property. (This standard is primarily applied to odors and particulates.)
NJ DEP Contacts
i) Enforcement, Regional Offices
Northern: 973-299-7700 (Hunterdon, Morris, Passaic, Somerset,
Sussex, and Warren);
201-6^9-3935 (Bergen, Essex and Hudson)
Central: 609-584-4100
Southern: 609-757-2990
ii) Permitting, Bureau of New Source Review at 609-633-2753 or Bureau of Air
Quality Engineering at 6(1)9-984-3023.
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(B)
(Q
(D)
Subchapter 8: General Permits
This rule requires facilities to obtain a permit, prior to construction or operation, for
new or modified equipment or control apparatus that emit air contaminants. Certain
equipment and control apparatus may be "grandfathered" from these requirements
based upon their installation dates, provided that they have not undergone an
"alteration/modification." The list of applicability for permits is found in Section 2.
An applicability flowchart is available for this regulation.
NJ DEP Contacts
Same as 17A.
General Air Permits Homepage: http://www.state.nj.us/dep/aqpp/gp.html
Subchapter 16: VOC RACT
This rule establishes the requirements and procedures for the control and prohibition
of air pollution related to emissions of volatile organic compounds (VOC). It requires
any stationary source operation or group of source operations, located within a
contiguous area and under common control, to implement reasonably
available control technology (RACT) to control VOC emissions. Specific
applicability thresholds for various types of operations are provided throughout the
Subchapter, as follows:
Section
16.2
16.4
16.6
16.7
16.8
16.13
16.16
16.17
16.18
NJ DEP Contacts
Same as 17A.
Subchapter 17: Toxics
This rale regulates the storage, transfer and use of 13 toxic substances ("TXS").
Group I toxics are: benzene; carbon tetrachloride; chloroform; dioxane;
ethylenimine; ethylene dibromide; ethylene dichloride; 1,1,2,2-tetrachloroethane;
tetrachloroethylene; 1,1,2-trichloroethane; and trichloroethylene. Group II toxics
are: methylene chloride and 1,1,1-trichloroethane.
Type of Operations
Storage of VOCs
VOC transfer operations other than gasoline
Open top tanks and surface cleaners
Surface Coating and Graphic Arts Operations
Boilers
Flares
Other source operations
Facility-specific VOC control requirements
Leak detection and repair.
B-9
May 1998
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(E)
(F)
NJ DEP Contacts
Same as 17A.
Subchapter 19: NOx RACT
This rule requires any stationary source or group of sources, located within a
contiguous area and under common control, that emits or has the potential to emit at
least 25 tons of NOx per year, to implement reasonably available control technology
(RACT) to control NOx emissions. The requirements for various source operations
are listed throughout the Subchapter as follows:
Section
19.4
19.5
19.7
19.8
19.13
NJDEP Contacts
Same as 17A.
Type of Cfperjations
Utility boilers
Stationary! gas turbines
Non-utility boilers
Stationary internal combustion engines
Facility-specific NOx emissions limits
Subchapter 21: Emission Statements
This rule requires owners or operators of a facility that emits or has the potential to
emit, directly or indirectly to the outdoor atmosphere, any air contaminant listed
below at a rate greater than or equal to the applicable threshold, to submit an
emission statement annually.
Air Contaminant
voc
NOx
CO
S02
TSP
PMio
Lead
Reporting Threshold
(tons per year)
10
25
100
100
100
100
5
Reports must be submitted by April 15 of each year following any calendar year in
which the facility was subject to this rule.
B-10
May 1998
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NJ DEP Contacts
i) Enforcement, Regional Offices
Northern: 973-299-7700 (Hunterdon, Morris, Passaic, Somerset.
Sussex and Warren);
201-669-3935 (Bergen, Essex and Hudson)
Central: 609-584-4100
Southern: 609-757-2990
ii) Policy and Planning, Bureau of Air Quality Planning: 609-984-3009
iii) Bureau of Air Quality Planning 1997 Emission Statement Information Page:
http://www.state.nj.us/dep/aqm/97es.htm
(G) Subchapter 22: Operating Permits
This rule requires primarily major facilities to obtain an operating permit, which is
a comprehensive regulatory document that is enforceable. It lists the process
equipment and air pollution control devices, operational requirements, emission
limits, monitoring requirements, compliance plan, etc. In general, a major facility
is defined as that which emits or has the potential to emit air contaminants at or
above the following levels: 25 tons per year (tpy) for VOC or NOx; 10 tpy for lead;
10 tpy of any hazardous air pollutant (HAP); 25 tpy of any combination of HAPs; or
100 tpy of any other air contaminant.
NJ DEP Contacts
Permitting: 609-633-8248
(18) Radiation Protection (N.J.A.C. 7:28)
These regulations prohibit and prevent the use or presence of unnecessary radiation in such a
manner as to be, or tend to be, injurious or dangerous to the health of the people. The
regulations set forth procedures to register and operate radiation-producing equipment (x-ray
machines) and to license the operators or owners of such equipment. The regulations also
include requirements for persons that measure or mitigate radon.
NJ DEP Contacts
i) Enforcement, all regions: 609-633-7288
ii) Policy and Planning, Radiation Protection Program: 609-984-5636
iii) Radiation Protection Program Homepage:
http://www.state.nj.us/dep/rpp/index.htm
(19) Pesticide Control (N.J.A.C. 7:30)
The pesticide control regulations govern pesticide use and pesticide product registration as well
as the licensing of pesticide dealers, businesses, applicators and others who sell or use
pesticides (such as facilities performing their own building or grounds maintenance using
pesticides). The term "pesticide" includes insecticides, herbicides, fungicides, rodenticides,
and any substance used to control any pest.
B-ll
May 1998
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NJ DEP Contacts i
i) Enforcement: 609-984-6568
ii) Licensing and Permitting: 609-530-4070
i
(20) Toxic Catastrophe Prevention (N.J.A.C 7:31)
These regulations are intended to protect the public from catastrophic accidents related to
chemical releases of extraordinarily hazardous substances (EHS) by anticipating the
circumstances that could result in such releases and requiring precautionary measures to
prevent them. All owners or operators of facilities required to register with the Department
because they handle, use, manufacture, stij>re or have the capability of generating an EHS in
at least the amounts defined in this regulation must develop and maintain a Department
approved risk management program.
NJ DEP Contacts
i) Permitting and Enforcement, ail regions: 609-633-7289
B-12
May 1998
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NEW JERSEY CHEMICAL INDUSTRY PROJECT
ATTACHMENT C
HOW A REGULATION IS ADOPTED, THE NEW JERSEY ADMINISTRATIVE CODE,
AND THE NEW JERSEY REGISTER
How is a Regulation Adopted?
Regulations are used to provide detailed procedures and requirements that are authorized by
a particular law. New Jersey laws are made by the state legislature. The New Jersey Legislature
consists of two Houses: a 40 member Senate and an 80 member General Assembly. When a
legislator decides to sponsor a bill, sometimes at the suggestion of a constituent, interest group,
public official or the Governor, the bill is drafted then "introduced" to the Senate and the Assembly
during legislative sessions. A bill is considered approved when it passes both the Senate and the
Assembly in identical form. At that point, it is sent to the Governor for review and signature.
If the Governor signs the bill, it becomes law. The New Jersey Legislature delegates
authority to implement and interpret the laws to 117 state agencies, boards and commissions. The
New Jersey Department of Environmental Protection (NJ DEP) generates the specific environmental
regulations with which New Jersey businesses must comply. In general, the laws set forth policies
or goals in a particular area, while the regulations are more detailed and set forth the specific
procedures or requirements for achieving that goal.
Before an environmental regulation is adopted, NJ DEP proposes it in the New Jersey
Register. The New Jersey Register contains rule proposals and adoptions, as well as public notices
from all state government offices in NJ. (See below for more information on the New Jersey
Register.) Once a rule is proposed, there is an opportunity for the public to submit comments on the
rules. NJ DEP then responds to comments, makes any necessary changes to the proposed rule, and
then publishes an "adopted" rule in the New Jersey Register.
What is the New Jersey Administrative Code?
NJ DEP's regulations are codified in Title 7 of the New Jersey Administrative Code, which
is abbreviated as N.J.A.C. The New Jersey Administrative Code is a 26 volume compilation of all
adopted rules that are in effect in the State of New Jersey. Each Title contains regulations
administered by a group of state agencies that have jurisdiction over similar areas.
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May 1998
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Explanation of a Regulatory citation
Regulatory citations use the following format: N.J.A.C. 7:27-1.2.; where "7" is the Title,
"27" is the Chapter, "1" is the Subchapter, and 'b" is the Section.
What is the New Jersey Register?
The New Jersey Register is the official publication containing notices of proposed rules and
rules adopted by State agencies pursuant to the New Jersey Constitution, Act V, Section IV,
paragraph 6 and the Administrative Procedure Act, N.J.S.A. 52:14B-1 et seq. It has been issued
monthly from September 1969 until October 1981, and twice monthly since November 1981.
The New Jersey Register is published on the first and third Mondays of each month (Tuesday
if Monday is a holiday) under the direction of the Office of Administrative Law. The subscription
price is $132.00 per year. Back issues are also available for $15.00 each, when available.
C-2
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NEW JERSEY CHEMICAL INDUSTRY PROJECT
NJ DEP COMPLIANCE ASSISTANCE PROGRAMS
INTRODUCTION
The New Jersey Department of Environmental Protection (NJ DEP) is increasing its
commitment to providing compliance assistance for businesses. As a result, the Department has
initiated several voluntary programs to disseminate information on applicable regulations and to
provide technical support to help facilities comply with them. NJ DEP hopes that these programs
will help prevent violations and improve compliance, which will lead to greater protection of human
health and the environment. Many of the programs strive to facilitate cross-media awareness,
encourage innovative approaches to compliance, and provide exemptions from penalties for
violations detected during program-sponsored site visits. Several of these programs are especially
designed to address the needs of small businesses. These programs are summarized below. We
invite you to take advantage of the many services offered to make environmental compliance easier
for your business.
PROGRAM SUMMARIES
Greenstart Program
NJ DEP's Greenstart program is a voluntary program designed to help small businesses and
municipalities understand and comply with environmental regulations. The program is intended to
improve compliance on a multi-media basis among businesses and municipalities with a strong
commitment to compliance but limited environmental expertise and financial resources. Under this
program, a facility or municipality may request assistance in complying with air, water, hazardous
waste, solid waste, and/or release prevention requirements. A staff person from NJ DEP's
Compliance Assistance Program will then visit a facility and, along with facility personnel, jointly
review its operations and applicable environmental requirements. If a violation is detected, penalties
are commonly waived if the facility remedies the violation within approximately six months, so long
as it does not represent a serious offense such as criminal activity, repeat offense, or one causing
significant environmental or human harm or imminent endangerment.
NJ DEP offers on-site compliance assistance in the following areas: (1) the air pollution
control requirements for stationary sources, (2) solid waste requirements under RCRA, (3) the
hazardous waste management (RCRA) requirements for transporters, generators, and Treatment,
Storage, or Disposal Facilities (TSDFs), (4) the water pollution control requirements for point source
1 May 1998
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discharges, including stormwater discharges (subject to regulation under the New Jersey
Pollutant Discharge Elimination System (NJPDES) General Permit for stormwater. (5) the
Discharge Prevention Containment and Countermeasure (DPCC) program requirements, (6) the
Toxic Catastrophe Prevention Act (TCPA), and 1(7) the New Jersey Worker and Community Right
To Know program.
The Greens/arr program is available to companies with fewer than 100 employees and
municipalities with fewer than 10,000 residents. Facilities may not use this program more than once
every five years and may not obtain on-site compliance assistance for any matter that is the subject
of an ongoing investigation or pending enforcement action.
Contact
For more information or to obtain an application, contact:
NJ DEP's Office of Compliance Assistance: (609) 633-0727
Small Business Assistance Program
The Clean Air Act Amendments (CAAA) of 1990 imposed many new requirements on air
pollution sources. Because small businesses frequently lack the technical expertise and financial
resources necessary to evaluate and determine appropriate mechanisms for compliance, the CAAA
required states to establish a small business assistance program. NJDEP established a Small
Business Assistance Program (SBAP) within the Permitting program.
SBAP provides direct multi-media compliance assistance to small businesses affected by the
Clean Air Act. SBAP accomplishes this by, informing businesses of air pollution control
requirements that apply to them and by providing assistance with specific technical, administrative,
and compliance problems. SBAP also disseminates up-to-date information to the small business
community, including easy-to-understand public information materials. Businesses can access
additional information through SBAP's hotline and internet website at:
Hotline: 609-292-3600
Website: www.state.nj.us/commerce/caasbo.htm
In addition, the CAAA required states to either refer sources to qualified auditors or to
perform the audits themselves. NJ DEP chose the former option and, therefore, developed
procedures by which an entity can become a qualified auditor.
Mav 1998
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SBAP refers small businesses to these qualified auditors who can evaluate the effectiveness
of a company's work, practices, monitoring procedures, and record keeping for complying with
applicable clean air requirements. SBAP also coordinates workshops and conducts presentations
on compliance issues for trade groups.
SBAP services are available to all small businesses. Preference, however, is given to
companies not subject to an operating permit.
Contact
For additional information, contact:
NJ DEP's Small Business Assistance Program: (609) 292-3600
New Jersey Technical Assistance Program
In order to further assist New Jersey businesses in complying with environmental regulations,
NJ DEP provides funding to the New Jersey Institute of Technology to manage the New Jersey
Technical Assistance Program (NJTAP).
NJTAP assists small to mid-sized New Jersey businesses in identifying and implementing
options to prevent pollution and manage waste properly. NJTAP provides technical assistance to
businesses that use, manufacture, process, generate, and release hazardous materials.
NJTAP activities include:
* performing free and confidential non-regulatory pollution prevention and process safety
assessments to manufacturers in New Jersey;
* preparing and implementing graduate level and short courses related to pollution prevention,
life cycle analysis, industrial ecology and strategic environmental management;
aiding entrepreneurs in developing pollution prevention technologies;
* acting as an information clearinghouse for pollution prevention information garnered from
journals, books, videotapes and various environmental databases; and
May 1998
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providing a search engine ("EnviroDaefaon") designed exclusively for locating pollution
prevention information. This search engine can be found by accessing NJTAP's internet site
and clicking on the Search Engine button. The internet address is:
http://www.njU.edu/njtap
NJTAP also administers grants, funded by the U.S. EPA, to small manufacturers to assist
them in implementing pollution prevention programs at their facilities.
Contact
For additional information on NJTAP or to begin the assessment process, contact:
NJTAP at the New Jersey Institute of Technology. Phone: (973)596-5864. Fax: (973)
596-6367. Internet site: http://www.njit.edii/njtap
NJ DEP's One-Stop
NJ DEP's One-Stop is a combined permitting and compliance initiative designed to simplify
the permitting process for new facilities and promote greater environmental compliance and stability
for both old and new facilities through coordinated inspections, cross-media awareness, and
facilitated compliance assistance.
NJ DEP's One-Stop compliance assistance is focused on small- to medium-sized facilities
with activities that are regulated across several msdia (e.g., air, water, hazardous waste), but do not
have an environmental coordinator. Permitting services are offered to new major facilities,
construction, and development projects which an: complex in the number, variety, and timing of the
permits they require.
Through the compliance division of NJ DfeP's One-Stop, the department selects facilities that
will receive an environmental overview (EO) document summarizing all applicable requirements
for compliance monitoring, record keeping, and reporting. The EO document also lists all
compliance program contacts. NJ DEP will theiji conduct an environmental overview site visit to:
validate the accuracy of the EO requirements; provide compliance assistance to the facility; prevent
or correct compliance violations; and assist the facility in identifying any additional pollution
prevention, technology transfer, or source reduction measures that could save costs and improve the
efficiency of the facility.
May 1998
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Since this visit is not an inspection and, in fact is in addition to routine inspections, violations
found during the site visit are not subject to traditional enforcement action unless they are of a
criminal nature, causing significant environmental or human harm, subject to mandatory penalties
by state law, or repeat offenses.
NJ DEP's One-Stop permitting service provides general information about the State's
environmental regulations and permit applicability, and serves as a single source of information for
facilities on all permits required for a development or significant remediation project. One-Stop staff
will work with a facility to identify permit application and issuance schedules that are conducive to
its project implementation schedule. One-Stop also provides the opportunity for cost savings, both
by saving time through a streamlined permitting process and by helping facilities incorporate cost
saving pollution prevention measures into their original plans.
Contacts
For additional information, contact:
NJ DEP's Enforcement Program: (609) 292-6704
NJ DEP's Permitting Program: (609) 984-0857
Hazardous Waste Welcome Wagon Initiative
NJ DEP obtains a list from EPA of all newly issued RCRA ID numbers for a facility
generating hazardous waste. A NJ DEP representative then makes an appointment to visit the
facility. At each visit, NJ DEP provides a packet which includes the relevant hazardous waste
regulations, a generator's guide to hazardous waste regulations, information concerning waste
minimization, copies of the NJ DEP's Hazardous Waste Information Series, sample manifest tracking
logs, satellite accumulation guidance, and a list of NJ DEP phone numbers that the generator can use
to obtain additional information and/or permits. A tour of the facility is then conducted, during
which waste management and waste minimization opportunities are discussed. A cursory review
of manifests and other facility documentation is also conducted. Prior to leaving, the facility
representative is given the inspector's business card and is invited to contact the inspector anytime
that compliance questions arise.
Contact
For more information, contact:
NJ DEP's Hazardous Waste Office: (609) 584-4250
May 1998
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NEW JERSEY CHEMICAL INDUSTRY PROJECT
APPLICABILITY FLOWCHARTS FOR
SELECTED NEW JERSEY REGULATIONS
New Jersey Release and Pollution Prevention Report
Community Right to Know Survey
Industrial Site Recovery Act
Air Pollution Control Act Subchapter 8
Discharge of Petroleum and Other Hazardous Substances
Spiil Compensation and Control Tax
May 1998
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NEW JERSEY RELEASE AND POLLUTION PREVENTION REPORT
RPPRorDEQ-114
[Required by Worker and Community Right to Know Regulations (N.J.A.C. 7:1G) and
Pollution Prevention Regulations (N.J.A.C. 7:IK)}
Summary
New Jersey DEP uses its Release and Pollution Prevention Report (RPPR or DEQ-114) to
collect information on chemical throughput, environmental release, off-site transfer of chemicals,
and pollution prevention activities. DEQ-l 14 must be completed by all facilities required to submit
one or more federal Toxic Chemical Release Inventory Forms (Form R) to US EPA pursuant to
Section 313 of the federal Emergency Planning and Community Right-to-Know Act of 1986
(EPCRA).
There is one key difference between applicability for DEQ-114 and federal Form R. The
DEQ-114 threshold for reporting is 10,000 pounds for reportable substances manufactured,
processed, and otherwise used during a reporting year, while the Form R threshold is 10,000 pounds
for substances otherwise used and 25,000 pounds for substances manufactured or processed.
Key Reporting Dates
Completed Release and Pollution Prevention Reports are due to DEP by July 1st for the
previous reporting year.
Using the Flow Chart
This flow chart is intended to assist the reader in determining whether and how the Release
and Pollution Prevention Report applies to a specific facility. By starting at the top left comer of the
chart and carefully deciding the appropriate response to each subsequent question, the reader can
determine a facility's necessary action(s) for compliance with this regulation. Readers are strongly
encouraged to use this flow chart in conjunction with the full text of the regulation as published in
the New Jersey Administrative Code (N.J.A.C). The chart is not a suitable substitute for referring
to the regulation directly, and interpretations of regulations made on the basis of this chart are the
sole responsibility of facility representatives.
May 1998
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Every effort has been made to ensure the accuracy of the flow chart; however, in the case of
any discrepancy between the chart and the regulation as printed in the N.J.A.C, the regulation
prevails. Please note the date the flow chart and attachments were prepared or last updated, indicated
at the bottom of this page and on the flow chart. It is the reader's responsibility to determine whether
there have been any changes in applicability of this regulation since this date.
Contacts
The applicability of DEQ-114 is based largely on whether a company must complete a TRI
Form R. For additional assistance with determining Form R applicability, contact:
US EPA's Emergency Planning and Community Right-to-Know Information Hotline
800-535-0202 or 800-424-9346 i
For assistance with completing DEQ-114, facilities may call the following offices:
NJ DEP Bureau of Chemical Release Information and Prevention
609-292-6714
For help with completing Sections A and B.
NJ DEP Office of Pollution Prevention
609-777-0518
For help with completing Sections C and D.
Other Compliance Assistance Resources
For additional information on how to determine whether your facility has to complete a
DEQ-114, you may refer to the following materials:
New Jersey Release and Pollution Prevention Report Instructions. NJ DEP Bureau of
Chemical Release Information and Prevention, 6J)9-292-6714.
Toxic Chemical Release Inventory Reporting Form R and Instructions. US EPA's
Emergency Planning and Community Right-to-Know Information Hotline. 800-535-0202 or 800-
424-9346.
May 1998
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You may also refer to the following US EPA websites:
http://www.epa.gov/swercepp/crtk.html (Chemical Accident Preparedness and
Community Right-to-Know)
http://www.epa.gov/opptintr/tri (Toxic Release Inventory and Community Right-to-
Know)
May 1998
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APPLICABILITY FLOW CHART
NEW JERSEY RELEASE AND POLLUTION PREVENTION REPORT (RPPR or DEQ-114)
[Required by Worker and Community Right
Note: Terms in quotations
to Know and Pollution Prevention Regulations]
are defined in Attachment A
(or in the Toxic Release Inventory Reporting Form (Form R) Instructions!
Does your facility have 10 or more "full time employees"?
(See section A of the Attachment or B. 1 of Form R Instructions for
assistance with determining number of full time employees,)
Yes
±
No
Is your facility classified under SIC codes 20 through 39?
If your facility contains multiple establishments that have
different SIC codes, answer yes, if:
1} The total value of products shipped from or produced at
establishments with SIC codes between 20 and 39 is >50fo
of the value of total facility products and services; or
2) The value of products produced or shipped at any
establishment with a primary SIC code between 20 and 39
exceeds the value of products produced and shipped by
any other establishment within the facility.
if your facility is an auxiliary facility that supports another
facility's activities (e.g., research and development
laboratories, warehouses, storage facilities, and waste
treatment facilities), answer yes if your facility's primary
function is to service a facility within SIC codes 20
through 39.
(See B.2 of Form R instructions for assistance in determining
primary SIC code determination)
Reporting is not required for
any chemical at the
facilitv for this vear.
No
Does your entire facility qualify for any facility-related
exemptions? (See section B of the Attachment or B.2(c) of Form R
Instructions for list of facility-related exemptions. If only pan of
the facility qualifies for a facility-related exemption, then a
reporting obligation may still exist. See next box.)
No t
Yes
Does your facility "manufacture, process, or otherwise use" any
listed chemical or chemical category?
(See section C of the Attachment or B.3(a) of Form R Instructions
for activity definitions. See Table H of Form R Instructions for
listed chemicals.)
Does your facility's use of the listed chemical qualify for any
activity exemptions? (See section D of the Attachment or B.3(b) of
Form R Instructions for activity exemptions.)
Yes
The amount of a
'"chemical that qualifies for an activity^
exemption need not be considered in
^threshold determinations or in release,
and transfer estimates.
No
Did your facility manufacture, process, or otherwise use any of the
listed substance in excess of the Section 313 thresholds in the
calendar year? (See B.4(a) of Form R Instructions for assistance in
determining whether Federal thresholds are exceeded. Note that
the RPPR threshold of 10.000 Ibs. for substances manufactured or
processed differs from the thresholds for completing Form R.)
No
Chemical does not have to be
reported on the facility's Release and
Pollution Prevention Report
(DEQ-114) for this year.
Yes
Does your facility's use of the listed chemical qualify for a de
minimis exemption? (See section E of the Attachment or B.4(b) of
Form R Instructions for further information)
Yes
Once the TRI threshold is exceeded for one or more
chemicals, then ail listed chemicals that are manufactured.
processed or otherwise used in excess of New Jersey's
MXX) pound threshold must be reported on the DEQ-11
Mav 1998
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ATTACHMENT A
DEFINITIONS FOR NEW JERSEY'S RELEASE AND POLLUTION PREVENTION REPORT
RPPRorDEQ-114
[Based on Toxic Chemical Release Inventory Reporting Form (Form R) Instructions]
A. Full-Time Employee Determination (B.I of Form R Instructions)
A "full-time employee," for purposes of Section 313 reporting, is defined as 2,000 work
hours per year. The number of full-time employees is dependent only upon the total number of hours
worked by all employees for the facility during the calendar year, not the number of persons working.
To determine the number of full-time employees working for your facility, add up the hours worked
by all employees during the calendar year, including contract employees and sales support staff
working for the facility, and div ide the total by 2,000 hours. In other words, if the total number of
hours worked by all employees is 20.000 hours or more, your facility meets the 10 employee
threshold.
B. Facility-Related Exemptions (B.2(c) of Form R Instructions)
Laboratory Activities: Listed toxic chemicals (see Table R of Form R instructions for listed
chemicals) that are manufactured, processed, or otherwise used in laboratory activities under the
direct supervision of a technically qualified individual do not have to be considered for threshold and
release calculations for a facility covered by this rule. Research and development laboratories and
pilot plant scale activities are included in the New Jersey definition of "research and development
(R&D) laboratory" (see N.J.A.C. 7:1G-1.2). However, specialty chemical production does not
qualify for this laboratory activities exemption.
Property Owners: You are not required to report if you merely own real estate on which
a facility covered by this rule is located; that is, you have no other business interest in the operation
of that facility (e.g., your company owns an industrial park). The operator of that facility, however,
is subject to reporting requirements.
C. Activity Determination (B J(a) of Form R Instructions) - Definitions of "Manufacture."
"Process." and "Otherwise Use"
Manufacture: The term "manufacture" means to produce, prepare, compound, or import
a listed toxic chemical. (See Part n, Section 3.1 of Form R instructions for further clarification.)
A-i
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Import is defined as causing the toxic chemical to be imported into the customs territory of
the United States. If you order a listed toxic chemical (or a mixture containing the chemical) from
a foreign supplier, then you have imported the chemical when that shipment arrives at your facility
directly from a source outside of the United States. By ordering the chemical, you have "caused it
to be imported," even though you may have used an import brokerage firm as an agent to obtain the
toxic chemical.
The term manufacture also includes coincidental production of a toxic chemical (e.g., as a
by-product or impurity) as a result of the manufacture, processing, otherwise use. or treatment of
other chemical substances. In the case of coincidental production of an impurity {i.e., a toxic
chemical that remains in a product that is distributed in commerce), the de minimus limitation,
discussed in Section B.4(b) of Form R instructions, applies. The de minimus limitation does not
apply to by-products (e.g., a toxic chemical tha|t is separated from a process stream and further
processed or disposed). Certain listed toxic chemicals may be manufactured as a result of
wastewater treatment or other treatment processes. For example, neutralization of acid wastewater
can result in the coincidental manufacture of ammonia and/or nitrate solutions. The de minimis
limitation would not apply to such by-products.
Process: The term "process" means the preparation of a listed toxic chemical, after its
manufacture, for distribution in commerce. Processing is usually the intentional incorporation of a
toxic chemical into a product (see Part n, Section 3.2 of Form R instructions for further
clarification). Processing includes preparation of the toxic chemicals in the same physical state or
chemical form as that received by your facility, or preparation that produces a change in physical
state or chemical form. The term also applies toj the processing of a mixture or other trade name
product (see Section B.4.b of Form R instructions) that contains a listed toxic chemical as one
component.
Otherwise Use: The term "otherwise use" encompasses any activity involving a listed toxic
chemical at a facility that does not fail under the definitions of "manufacture" or "process." A
chemical that is otherwise used by a facility is not intentionally incorporated into a product
distributed in commerce (see Part n, Section 3.3 of Form R instructions for further clarification).
D. Activity Exemptions (B.3(b) of Form R Instructions)
Use Exemptions
Certain uses of listed toxic chemicals are specifically exempted:
Use as a structural component of the facility;
Use in routine janitorial or facility) grounds maintenance;
Personal uses by employees or other persons;
A-2
May 1998
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Use of products containing toxic chemicals for the purpose of maintaining motor
vehicles operated by the facility: or
Use of toxic chemicals contained in intake water (used for processing or non-contact
cooling) or in intake air (used either as compressed air or for combustion).
Article Exemptions
Quantities of a listed toxic chemical contained in an article do not have to be factored into
threshold or release determinations when that article is processed or otherwise used at your facility.
An article is defined as a manufactured item that is formed to a specific shape or design during
manufacture, that has end-use functions dependent in whole or in part upon its shape or design
during end-use, and that does not release a toxic chemical under normal conditions of the processing
or otherwise use of that item at the facility.
If the processing or otherwise use of similar articles results in a total release of less than 0.5
pounds of a toxic chemical in a calendar year to any environmental medium, EPA will allow this
release quantity to be rounded to zero, and the manufactured items remain exempt as articles. EPA
requires facilities to round off and report all estimates to the nearest whole number. The 0.5-pound
limit does not apply to each individual article, but applies to the sum of all releases from processing
or otherwise use of like articles.
The article exemption applies to the normal processing or otherwise use of an article. It does
not apply to the manufacture of an article. Toxic chemicals processed into articles produced at a
facility must be factored into threshold and release determinations.
A closed item containing toxic chemicals (e.g., a transformer containing PCBs) that does not
release the toxic chemicals during normal use is considered an article if a facility uses the item as
intended and the toxic chemicals are not released. If a facility services the closed item (e.g., a
transformer) by replacing the toxic chemicals, the toxic chemicals added during the reporting year
must be counted in threshold and release calculations.
When the processing or otherwise use of an item generates fumes, dust, filings, or grindings,
the article exemption is not applicable. The toxic chemical(s) in the item must be counted toward
the appropriate threshold determination, and the fumes, dust, filings, and grindings must be reported
as releases or wastes. Scrap pieces that are recognizable as an article do not constitute a release.
E.
De Minimus Exemption (B.4(b) of Form R Instructions)
A listed toxic chemical does not have to be considered in threshold and release calculations
if it is present in a mixture at a concentration level below a specified de minimus level. The de
minimus level is 1.0 percent, or 0.1 percent if the toxic chemical is considered a carcinogen under
OSHA. See Table n of Form R instructions for the de minimus value associated with each listed
toxic chemical. For mixtures that contain more than one member of a listed toxic chemical category,
A-3
May 1998
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the de minimus level applies to the aggregate concentration of all such members and not to each
individually. EPA included the de minimus exemption in the rule as a burden-reducing step,
primarily because facilities are not likely to have information on the presence of a toxic chemical in
a mixture or trade name product beyond that available in the product's MSDS. The de minimus
levels are consistent with OSHA requirements for development of MSDS information concerning
composition.
For threshold determinations, the de minimus exemption applies to:
A listed toxic chemical in a mixture or trade name product received by the facility
that is processed or otherwise used by the facility.
A listed toxic chemical manufactured during a process where the toxic chemical
remains in a mixture or trade name product distributed in commerce.
The de minimus exemption does not apply to :
I
A toxic chemical manufactured at the facility that does not remain in a product
distributed by the facility. A threshold determination must be made on the annual
quantity of the toxic chemical manufactured regardless of the concentration. For
example, quantities of formaldehyde created as a result of waste treatment must be
applied toward the threshold for "manufacture" of this toxic chemical, regardless of
the concentration of this toxic chemical in the waste.
Figure 1 provides a flow chart for determining applicability of the de minimus threshold.
In general, when the de minimus exemption applies to threshold determinations and the
concentration of the toxic chemical in the mixture is below the de minimus limitation, then you are
not required to report releases associated with the processing or otherwise use of the toxic chemical
in that mixture. Note that it is possible to exceed the threshold for a toxic chemical on a facility-
wide basis, but not be required to calculate releases from a particular process because that process
involves only mixtures containing the toxic chemical below the de minimus level.
Application of the de minimus exemption to process streams must also be reviewed.
Mixtures containing toxic chemicals can be added to a process or generated within a process. A
facility is required to consider and report releases from the process once the de minimus
concentration level has been exceeded. All releases of the toxic chemical from the process that occur
after the de minimus exemption has been exceeded are then subject to reporting, regardless of
whether or not the toxic chemical concentration later falls to a level below the de minimus
exemption.
A-4
May 1998
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Figure 1
APPLICABILITY OF DE MINIMIS THRESHOLD
(From B.4(b) of Form R Instructions)
Chemical A
Mixture B
Reaction
* Mixture C
Distributed in
Commerce
Waste
Waste
Treatment
By-product Z
Disposal
The de mimmis exemption applies to:
All listed toxic chemicals in mixture B because they are processed by the facility; and
All listed toxic chemicals in mixture C because they are distributed in commerce.
Therefore, quantities of these listed toxic chemicals with concentrations less than the de
minimis concentrations should not be included in manufacture, process, and otherwise use
threshold determinations.
The de minimis exemption does not apply to listed chemicals in by-product Z because these
chemicals are not distributed by the facility. Quantities of listed toxic chemicals in by-
product Z (e.g., formaldehyde) must be applied toward the threshold of each of these
chemicals, regardless of their concentrations.
A-5 , May 1998
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COMMUNITY RIGHT TO KNOW SURVEY
N.J.A.C 7:1G
(DEQ-094)
Summary
The Community Right to Know Survey is an annual inventory of environmental hazardous
substances which are stored, produced or used at a place where business is conducted (facility) in
the State of New Jersey. This annual report is required by state and federal laws. The information
collected is available to the public and to emergency responders such as police and fire departments.
It is also used to supplement other regulatory programs within the state and to facilitate proper
planning for a response to an emergency at a facility which may threaten the surrounding community
or environment.
The state and federal Community Right to Know (CRTK) laws have similar requirements.
They include the reporting of chemical inventories and releases of hazardous substances to the
environment. New Jersey employers who are engaged in certain types of business activities
specified by the New Jersey Worker and Community Right to Know Act are required to complete
and return a survey for each of their facility locations. These employers are identified by the
Standard Industrial Classification (SIC) code assigned to them by the New Jersey Department of
Labor (DOL). If an employer receives a survey reporting package in the mail, it is likely that the
employer has been assigned one of the covered SIC codes and, therefore, must report. This can be
readily verified by comparing the four digit number on the top of the mailing label against those
listed in section B of the Attachment (SIC codes of covered New Jersey employers).
The CRTK Survey consists of two parts. Part I is for facility information and must be
completed even if a facility does not store, produce or use environmental hazardous substances. Part
II of the survey is a chemical inventory form for listing environmental hazardous substances stored,
produced or used at a facility. The requirement to report a hazardous substance on this form is based
on whether that substance meets or exceeds a minimum quantity. There are two categories of
hazardous substances that must be reported on the CRTK Survey for facilities regulated under the
state law:
1. Environmental Hazardous Substances if they are present at the facility during the reporting
year at or above the thresholds.
2. Products or substances for which a Material Safety Data Sheet (MSDS) is required in
accordance with the OSHA Hazard Communication Standard may be reportable, if they were
present at the facility for the reporting year at 10,000 pounds or more at any one time and
have not been reported under the above category.
May 7998
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Even if your facility's SIC code is not covered by the NJ Worker and Community Right to
Know Act, you may still be required to complete
and Community Right to Know Act of 1986 (EPCRA). New Jersey businesses whose SIC codes
do not appear in section B of the Attachment may
this form under the federal Emergency Planning
be required to complete the survey under Section
312 of the federal EPCRA if the facility owner/operator is required to maintain Material Safely Data
Sheets (MSDSs) for hazardous substances in accordance with the OSHA Hazard Communication
Standard, where quantities of these substances at the facility were at or above 10,000 pounds at any
one time in 1997. Also under EPCRA, any substance listed in Table A of the CRTK survey
instructions with an asterisk (Extremely Hazardous Substances) that was present at 500 pounds or
the Threshold Planning Quantity shown in Table I A, whichever is less, must be reported. In these
cases, the completion of the CRTK survey replaces the federal forms (Tier I or II) required by
Section 312 of EPCRA.
Key Reporting Dates
The CRTK survey must be submitted to N} DEP by March 1 for the previous reporting year.
Using the Flow Chart
This flow chart is intended to assist the reader in determining whether and how the
Community Right to Know regulations apply to a specific facility. By starting at the top left corner
of the chart and carefully deciding the appropriate response to each subsequent question the reader
can determine a facility's necessary action(s) for compliance with this regulation. Readers are
strongly encouraged to use this flow chart in conjunction with the full text of the regulation as
published in the New Jersey Administrative Code (N.J. A.C.) or the instructions in the CRTK Survey
booklet. The chart is not a suitable substitute for referring to the regulation directly, and
interpretations of regulations made on the basis of this chart are the sole responsibility of facility
representatives.
Every effort has been made to ensure the accuracy of the flow chart; however, in the case of
any discrepancy between the chart and the regulation as printed in the N.J.A.C., the regulation
prevails. Please note the date the flow chart and attachments were prepared or last updated, indicated
at the bottom of this page and on the flow chart. It is the reader's responsibility to determine whether
there have been any changes in applicability of this regulation since this date.
May 1999
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Contacts
For questions concerning the CRTK Survey, contact:
NJ DEP Bureau of Chemical Release Information and Prevention: 609-292-6714.
Other Compliance Assistance Resources
Community Right to Know Survey and Instruction Guide. NJ DEP Bureau of Chemical
Release Information and Prevention, 609-292-6714.
Major Provisions of Right to Know Labeling, New Jersey Worker and Community Right
to Know Act. New Jersey Department of Health, 609-984-2202.
For information on US EPA's Chemical Accident Preparedness and Community-Right-to-
Know programs, you may refer to the following website: http://www.epa.gov/swercepp/crtk.html
May /998
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Note:
APPLICABILITY FLOW CHART
NJ COMMUNITY RIGHT TO KNOW SURVEY
NJ.A.C.7:1G
(DEQ-094)
Terms in quotations are defined in section A of Attachment (or N.J.A.C, 7:1G-1.2)
Is your "facility" classified
under any of the SIC codes
inTablcCoftheCRTK
Survey? (See section B of
Attachment for list of SIC
codes)
No
Yes
i
Did you use. store or produce at your facility any product
or substance for which OSHA requires a Materials Safety
Data Sheet (MSDS) for the reporting year in quantities of
10.000 pounds or more at any one time, or did the facility
have present any Extremely Hazardous Substances above
500 pounds or the Threshold Planning Quantity (See Table
A of the CRTK survev instructions), whichever is less?
I Section 1.5 of CRTK survey instructions).
.Xnyou were not mailed a
f cRTK Survey, call the
V DEP at 609-984-5338 to
^-v..^^ obtain survey.
No
Yes
Were there any "Environmental
Hazardous Substances" (EHSs)
listed in Table A of the CRTK
survey instructions that are not
exempt from reporting present at
your facility for the reporting
year? {See section C of
attachment for list of exemptions)
{section 1.5 of CRTK survey
instructions).
f Your facility is not
( required to complete the
Nw CRTK survey.
No
Yes
Did any reportable EHSs meet or
exceed 500 pounds or the threshold
planning quantity, whichever is
less? (Section 1.5 of CRTK survey
instructions).
Did you use, store, or
produce at your facility any
product or substance for
which OSHA i equires a
Materials Safe y Data Sheet
(MSDS) for the reporting
year in quantities of 10,000
Ibs. or more at any one time?
(Section 1.5 of CRTK survey
instructions).
Yes
No
Only Part 1 of the
CRTK Survey must
be completed. Pan 2
of the survey does not
need to be completed.
Yes
Part 1 of the CRTK Survey and Part 2
listing all reportable chemicals must be completed.
May 1998
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ATTACHMENT
DEFINITIONS AND EXEMPTION
FOR THE COMMUNITY RIGHT TO KNOW SURVEY
NJ.A.C.7:1G
(DEQ-094)
A. Definitions (7;1G-L2)
"Community Right To Know Survey" means the reporting form that combines the chemical
inventory reporting requirements of the Environmental Survey, formerly Part I, and the Superfund
Amendments and Reauthorization Act, Section 312.
"Environmental Hazardous Substance" (EHS) means any substance designated by the
Department in N.J.A.C. 7:lG-2.
"EPCRA" means Emergency Planning and Community Right-to-Know Act of 1986 {EPCRA).
"Facility" means the building, equipment and contiguous area at a single location used for the
conduct of business. A "facility" does not include a research and development laboratory.
"Mixture" means a combination of two or more substances not involving a chemical reaction.
"Research and development laboratory" means a specially designated area, including pilot plants,
used primarily for research, development, and testing activity, and not primarily involved in the
production of goods for commercial sale, in which environmental hazardous substances are used by
or under the direct supervision of a technically qualified person. For the purpose of reporting on the
Community Right to Know Survey, "primarily" means greater than 50 percent.
"SIC" stands for Standard Industrial Classification. Assigned by the New Jersey Department of
Labor, it identifies your business activity using a four-digit number code.
A-l
May 1998
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B. SIC Codes Requiring Submission of at Least Part 1 of CRTK Survey (Table C of CRTK
Instructions)
SIC
CODES*
0782
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
ACTIVITY
Lawn and Garden Services
Food and Kindred Products (Entire
Major Group)
Tobacco Manufacturing (Entire
Major Group)
Textile Mill Products (Entire Major
Group)
Apparel and Other Textile Products
(Entire Major Group)
Lumber and Wood Products (Enure
Major Group)
Furniture and Fixtures (Entire
Major Group)
Paper and Allied Products (Entire
Major Group)
Printing and Publishing (Entire
Major Group)
Chemicals and Allied Products
(Entire Major Group)
Petroleum and Coal Products
(Entire Major Group)
Rubber and Miscellaneous Plastic
Products (Entire Major Group)
Leather and Leather Products
(Entire Major Group)
Stone, Clay, and Glass Products
(Entire Major Group)
Primary Metal Industries (Entire
Major Group)
Fabricated Metal Products (Entire
Major Group)
Machinery, Except Electrical
(Entire Major Group)
Electrical and Electronic Equipment
(Entire Major Group)
SIC
CCfDES*
37
38
39
4512
4513
4581
46
4731
4741
4783
4785
4789:
4812
4813
4822
49**!
5085
5087
ACTIVITY
Transportation Equipment (Entire Major Group)
Instruments and Related Products (Entire Major
Group)
Miscellaneous Manufacturing Industries (Entire
Major Group)
Scheduled Air Transport
Air Courier Services
Airports. Flying Fields. & Airport Terminal Serv.
Pipelines. Except Natural Gas (Entire Major
Group)
Arrangement of Transportation of Freight and
Cargo
Rental of Railroad Cars
Packing and Crating
Fixed Facilities, Handling Motor Vehicle
Transport, including Inspection and Weighing
Transport Services, Not Elsewhere Classified
Radiotelephone Communication
Telephone, Except Radiotelephone
Telegraph Communication (Radio or Wire)
Electric, Gas, and Sanitary Services (Entire Major
Group)
Machinery, Equipment, and Supplies - Industrial
Machinery, Equipment, and Supplies - Service
Establishment
A-2
May 1998
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SIC
CODES*
5093
5122
5162
5169
5171
5172
5181
5182
5191
5192
5193
5194
5198
5199
5511
5521
5541
7216
7217
7218
ACTIVITY
Miscellaneous Durable Goods -
Scraps and Waste
Drugs, Drug Proprietaries, and
Druggists' Sundries
Plastic Materials. Basic forms and
Shapes
Chemicals and Allied Products, Not
Elsewhere Classified
Petroleum Bulk Stations and
Terminals
Petroleum and Petroleum Product
Wholesalers, except Bulk Stations
and Terminals
Beer and Ale
Wines and Distilled Alcoholic
Beverages
Farm Supplies
Books, Periodicals, and
Newspapers
Flowers, Nursery Stock and Florists
Supplies
Tobacco and Tobacco Products
Paints, Varnishes, and Supplies
Nondurable Goods, Not Elsewhere
Classified
Motor Vehicle Dealers (New and
Used)
Motor Vehicle Dealers (Used Only)
Gasoline Service Stations - Retail
Dry Cleaning Plants, Except Rug
Cleaning
Carpet and Upholstery Cleaning
Industrial Launderers
SIC
CODES*
7532
7533
7534
7536
7537
7538
7539
7692
8062**
8063**
8069**
8211**
8221**
8222**
8249**
8734
ACTIVITY
Top. Body & Upholstery Repair, and Paint
Automotive Exhaust System Repair
Tire Retreading and Repair
Automotive Glass Replacement
Automotive Transmission Repair
General Automotive Repair
Automotive Repair. Not Elsewhere Classified
Welding Repair
General Medical and Surgical Hospitals
Psychiatric Hospitals
Specialty Hospitals. Except Psychiatric
Elementary and Secondary Schools
Colleges. Universities, and Professional Schools
Junior Colleges and Technical Institutes
Vocational Schools, except vocational schools not
elsewhere classified
Testing Laboratories
* When a two-digit major SIC code is listed, all four-digit codes beginning with these two digits are, required to submit
at least fart 1 of the CRTK Survey.
** Public sector employers covered under the Worker and Community Right to Know Act receive the Right to Know
Survey from the NJ Department of Health (NJDOH). It combines the hazardous substances inventory reporting
requirements of both NJDEP and NJDOH.
A-3
May 1998
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C. Exemptions (7;lG-3.2)
The following Environmental Hazardous Substances are exempt from reporting on the CRTK Survey
and should not be included in the threshold determination:
I. EHSs located in an approved "research and development laboratory". Contact the Bureau of
Chemical Release Information and Prevention at 609-292-6714 for more information.
2. Substances that are an integral part of a facility structure or furnishings.
3. Personal property for the personal use of employees at the facility.
4. Ammunition when on the person of security personnel.
5. Except for Saran, PVC and Lopac, substances that are present as a solid in any manufactured
item that has been formed to a specific shape or design during manufacture, to the extent that
exposure to the EHS does not occur under normal conditions of use.
6. EHSs comprising one percent or less of a "mixture," or 0.1 percent if the EHS is carcinogenic
as defined at 29 CFR 1910.1200(d)4 of the federal Occupational Safety and Health
Administration's hazard communications regulations.
A-4
May 1998
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INDUSTRIAL SITE RECOVERY ACT
ISRA or NJ.A.C. 7:26B
Summary
The Industrial Site Recovery Act (ISRA) "imposes certain preconditions on the sale, transfer,
or closure of 'industrial establishments' involved in the generation, manufacture, refining,
transportation, treatment, storage, handling, or disposal of hazardous substances or wastes. ISRA
protects the public health and safety, and the environment by promoting efficient and timely
cleanups and by eliminating any unnecessary financial burden on the persons responsible for
remediating contaminated sites. NJ DEP's goal is to ensure that industrial establishments have been
remediated to an acceptable condition upon sale, transfer, or closure without jeopardizing the time
needed to finalize real estate and business transactions."1
A significant step in evaluating the applicability of ISRA involves determining whether a
facility qualifies as an "industrial establishment;" the first four boxes in the upper left comer of the
flow chart facilitate this determination. If a facility does not qualify as an "industrial establishment,"
it is exempt from ISRA. Facilities that qualify as "industrial establishments," and are involved with
a closing or transferring of ownership, are likely to be subject to ISRA.
Key Reporting Dates
The owner or operator of a facility becomes subject to ISRA at the time of closing operations
or transferring the property or business operation. The owner or operator must submit to NJ DEP
for approval either a "remedial action workplan" or a "negative declaration" or enter into a
remediation agreement prior to the closing of operations or transferring of ownership or operations.
Using the Flow Chart
This flow chart is intended to assist the reader in determining whether and how the Industrial
Site Recovery Act applies to a specific facility. By starting at the top left comer of the chart and
carefully deciding the appropriate response to each subsequent question, the reader can determine
a facility's necessary action(s) for compliance with this regulation. Readers are strongly encouraged
to use this flow chart in conjunction with the full text of the regulation as published in the New
1 Source: "What is ISRA? "August 1996, available on the NJ DEP internet site:
http://www. state, nj. us/dep/srp/isra
1 May 1998
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Jersey Administrative Code (N.J.A.C.). The ch;irt is not a suitable substitute for referring to the
:ions made on the basis of this chart are the sole
regulation directly, and interpretations of regula
responsibility of facility representatives.
Every effort has been made to ensure the accuracy of the flow chart; however, in the case of
any discrepancy between the chart and the regulation as printed m the N.J.A.C., the regulation
prevails. Please note the date the flow chart and attachments were prepared or last updated, indicated
at the bottom of this page and on the flow chart. It is the reader's responsibility to determine whether
there have been any changes in applicability of this regulation since this date.
Contacts
For questions concerning ISRA, contact:
NJ DEP Division of Responsible Party. Site Remediation, Industrial Site Evaluation
Element: 609-777-0899
Other Comoliance Assistance Resources
For additional information on ISRA, asi well as a list of answers to frequently asked
questions, you may refer to:
"What is ISRA?," "The ISRA Process," and "Frequently Asked Questions," available
on the NJ DEP website: http://www.state.nj.us/dep/srp/isra (This information is also available by
contacting the NJ DEP at the number provided abjove.)
For assistance with determining your SIC code, you may refer to the U.S. Census Bureau's
website: http://www.census.gov/epcd/www/naics.html
For information about EPA's Solid and Hazardous Waste program, you may refer to the US
EPA Office of Solid Waste website: http://www.lepa.gov/epaoswer/osw/index.htm
May 1998
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APPLICABILITY FLOW CHART FOR THE INDUSTRIAL SITE RECOVERY ACT (ISRA)
NJAC 7:26B
Note: Terms in quotations are defined in Attachment A of the Flo\v Chan (or \JAC ~:26B-I.4)
Does your facility have apnmcrv"SIC" major group number within 22-39
inclusive, 46-49 inclusive, 51, or 76? fSee Attachment B or \:JA C
7 26B-2 ! let for exceptions.)
Yes
Has your facility engaged in operations on or alter December 31. 1983?
Yes
Do operations at your facility involve the generation, manufacture, refining,
transportation, treatment, storage, handling, or disposal of "hazardous substances
and "hazardous wastes?"
Yes
Is your facility-type listed in Attachment C for NJAC 7:26B-2.1tb)) and
therefore excluded from being an industrial establishment?
Not an industrial
establishment;
no further action
required.
,No
CYour facility is art^N.
ndustnal establishment^
Are you the "owner" or "operator" of this facility or the owner of the real
property on which the business of the industrial establishment is
conducted?
Yes
Are you "closing operations" or "transferring ownership/operations" of the
industrial establishment? (See Attachment D or NJAC 7:26-2.1 fa) for
exceptions.)
Yes
The required de minimus quantity conditions exist if the total quantity of
hazardous substances and hazardous wastes generated, manufactured,
refined, transported, treated, stored, handled or disposed of at the industrial
establishment at any one time during the owner's or operator's period of
ownership or operations: 1) does not exceed 500 Ibs. or 55 gallons; 2) if a
"hazardous substance" or "hazardous waste" is mixed with nonhazardous
substances, the total quantity in the mixture does not exceed 500 Ibs. or 55
gallons; and 3) if, in the aggregate, hydraulic or lubricating oil. does not
exceed 220 gallons. Does your facility meet all three of these criteria
(specified in 7:26B~2.3P
No
File a General Information Notice (GIN). (See Attachment Efor a short
description of waivers, exemptions, and expedited review processes.)
Conduct a Preliminary Assessment (PA) in accordance with NJAC 7:26E. Is
an Arca(s) of Concern present that requires a Site Investigation (see NJAC
7.26E for a definition of Area of Concern)?
Yes
Not subject to
ISRA; no further
action required.
Yes
Complete de minimus
exemption application and
submit fee. (Must
be completed prior to the
transfer or closure.)
Conduct Site Investigation. Is contamination documented in the jite
Investigation Report?
Submit "negative
declaration"
certification for
NJ DEP approval.
Conduct Remedial
Investigation and
remedial action work
plan for NJ DEP
approval
May 1998
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ATTACHMENT A
DEFINITIONS FOR INDUSTRIAL SITE RECOVERY ACT
N.J.A.C. 7:268-1.4
The following words and terms, when used in this chapter, shall have the following meanings
unless the context clearly indicates otherwise.
"Closing Operations" means, unless otherwise provided at N.J.A.C. 7:268-2.4:
1. The cessation of operations which, as measured on a constant, annual date-specific basis,
within any five-year period:
i. Results in at least a 90 percent reduction in the total value of the product output from
the entire industrial establishment; or
ii. For industrial establishments at which product output is undefined:
(1) Results in at least a 90 percent reduction in the number of employees; or
(2) Results in at least a 90 percent reduction in the area of operations of an industrial
establishment;
2. Any temporary cessation of operations of an industrial establishment for a period greater
than two years;
3. An industrial establishment becomes non-operational for health or safety reasons as a
result of a judicial proceeding or final agency action;
4. The initiation of bankruptcy proceedings pursuant to Chapter 7 of the United States
Bankruptcy Code, 11 U.S.C. §§701 et seq. or the filing of a plan of reorganization that
provides for a liquidation pursuant to Chapter 11 of the United States Bankruptcy Code,
11 U.S.C. §§1101 et seq.;
5. Any change of operations of an industrial establishment that changes the industrial
establishment's Standard Industrial Classification number to one that is not subject to
ISRA;
6. The termination of a lease or sublease, unless there is no disruption in operations of the
industrial establishment; and
7. The assignment of a lease or sublease, unless there is no change in the operator of the
industrial establishment and there is no disruption in operations of the industrial
establishment.
"Discharge" means any intentional or unintentional action or omission resulting in the releasing,
spilling, leaking, pumping, pouring, emitting, emptying or dumping of a hazardous substance and
hazardous waste into the waters or onto the lands of the State.
"Hazardous substance" means any substance defined as such pursuant to the Discharges of
Petroleum and Other Hazardous Substances Regulations, NJ.A.C. 7: IE.
A-l
May 1998
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"Hazardous waste" means any waste defined as iuch pursuant to the Solid Waste Management Act.
N.J.S.A 13:IE et seq., that is further defined as a hazardous waste pursuant to the Solid Waste
Regulations, N.J.A.C. 7:26-1.6.
"Negative declaration" means a written declaration, submitted by the owner or operator of an
industrial establishment, or other person assuming responsibility for the remediation under ISRA and
this chapter, to the Department certifying that thejre has been no discharge of hazardous substances
or hazardous wastes on the industrial establishment, or that any such discharge on the industrial
establishment or discharge that has migrated from the industrial establishment has been remediated
in accordance with procedures approved by the Department and in accordance with N.J.A.C. 7:26E.
"Operator" means any person, including users, tenants, or occupants, having and exercising direct
actual control of the operations of an industrial I establishment. A holder of a mortgage or other
security interest in the industrial establishment is not an operator of the industrial establishment
unless or until it loses its exemption under N.J.S.A. 58:10-23.11 g4 or obtains title to the industrial
establishment by deed of foreclosure, by other deed, or by court order or other process.
"Owner" means any person who owns the real property of an industrial establishment or who owns
the industrial establishment. A holder of a mortgage or other security interest in the industrial
establishment is not an owner of the industrial establishment unless or until it loses its exemption
under N.J.S.A. 58:10-23.11 g4 or obtains title to the industrial establishment by deed of foreclosure,
by other deed, or by court order or other process.
"SIC" means Standard Industrial Classification.
"Transferring ownership of operations" means:
1. Any transaction or proceeding through which an industrial establishment undergoes a
change in ownership;
2. The sale or transfer of more than 50 percent of the assets of an industrial establishment,
excluding real property within any five-year period as measured on a constant, annual
date-specific basis. The term does not include the sale or transfer of equipment or
machinery in order to replace, modify, or retool existing equipment or machinery;
3. The execution of a lease for a period of 99 years or longer for an industrial establishment;
4. The dissolution of an entity that is an owner or operator or indirect owner of an industrial
establishment, except for any dissolution of an indirect owner of an industrial
establishment whose assets would have been unavailable for the remediation of the
industrial establishment if the dissolution had not occurred; or
5. Any transfer of an industrial establishment to a trust, except where grantor and
beneficiary are identical or are members of the same family. As used in this paragraph,
"family" means any of the relations included at N.J.A.C. 7:26B-2.1(a)4.
A-2
May 1998
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ATTACHMENT B
SIC CODES SPECIFICALLY EXEMPT FROM ISRA REQUIREMENTS
NJAC 7:26B-2.1(c)
SIC industry
Number
2321
2342
2371
2384
2385
2386
2387
2393
2436
2441
2451
3131
3142
3144
3149
3199
4724
4725
4729
4731
Description
Mens and boys shirts, except work
shins
Brassieres, girdles and allied garments
Fur goods
Robes and dressing gowns
Waterproof outerwear
Leather and sheep lined clothing
Apparel belts
Textile bags
Softwood veneer and plywood
Wood containers, not elsewhere
classified
Mobile homes
Boot and shoe cut stock and findings
House slippers
Womens' footwear, except athletic
Footwear, except rubber, not elsewhere
classified
Leather goods, not elsewhere classified
Travel agencies
Tour operators
Arrangement of passenger
transportation, not elsewhere classified
Arrangement of transportation of freight
and cargo
SIC Industry
Number
4785
4789
4812
4813
4822
4832
4833
4841
4899
4941
4952
4953
4971
5111
5112
5113
5131
5136
51.17
5139
Description
Fixed facilities and inspection and
weighing services for motor vehicles
(highway bridges, operation of; toll bridge
operation: toll roads, operation of tunnel
operation, vehicular; only)
Transportation services, not elsewhere
classified
Radio communications
Telephone communications, except radio
telephone
Telegraph and other message
communications
Radio broadcasting
Televison broadcasting
Cable and other pay televison services
Communication services, not elsewhere
classified
Water supply
Sewage systems
Refuse systems (landfills, sanitary;
operations of only)
Irrigation system
Wholesale distribution of printing and
writing paper
Wholesale distribution of stationery
supplies
Wholesale distribution of industrial and
personal service paper
Piece goods, notions, and other dry goods
Wholesale distribution of mens' and boys'
clothing
Wholesale distribution of womcns',
childrens', and infants' clothing
Wholesale distribution of footwear
B-l
May 1998
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SIC Industry
Number
5141
5142
5143
5144
5145
5146
5147
5148
5149
5153
5154
5159
5181
5182
5192
5193
5199
7622
7631
7699
7699 i.
7699 ii.
7699 iii.
7699 iv.
7699v.
Description
Wholesale distribution ol groceries.
general
Wholesale distribution of frozen food
Wholesale distribution of dairy products
Wholesale distribution of poultry
products
Wholesale distribution of confectionery
Wholesale distribution of fish
Wholesale distribution of metals
Wholesale distribution of fresh fruits
and vegetables
Wholesale distribution of groceries and
related products, not elsewhere
classified
Wholesale distribution of gram
Wholesale distribution of livestock
Wholesale distribution of farm products,
raw materials, not elsewhere classified
Wholesale distribution of beer and ale
Wholesale distribution of wme
Books, periodicals, and newspapers
Flowers, nursery stock, and florists'
supplies
Wholesale distribution of nondurable
goods, not elsewhere classified
Radio and television repair shops
Watch, clock and jewelry repair
Repair shops and related services, not
elsewhere classified (only the following
repair under 7699 are exempt from the
act and this chapter. Alt other repair
services under 7699 not listed below
remain subject to the Act and this
chapter.
Awning repair
Bicycle repair shops
Binoculars and other optical goods
repair
Camera repair
Harness repair shops
SIC Industry
Number
7699 vi
7699 vn
7699 viii.
7699 ix.
7699 x.
7699 xi.
7699 xii.
7699 xiii.
7699 xiv.
7699 xv.
7699 xvi.
7699 xvii.
7699 xviii.
7699 ix.
7699 xx.
7699 xxi.
7699 xjui.
7699 xxiii.
7699 xxiv.
7699 xxv.
7699 xxvt.
7699 xxvii.
7699 xxviii.
7699 xxix.
7699 xxx.
Description
Horseshoeing
Key duplicating shops
Lawn mower repair shops
Leather goods repair shops
Lock pans made to individual order
Locksmith shops
Luggage repair shops
Musical instrument repair shops
Organ tuning and repair
Piano tuning and repair
Picture framing to individual order (not
connected with retail stores)
Pocketbook repair shops
Precision instrument repair
Reneedling work
Repair of optical instruments
Repair of photographic equipment
Repair of speedometers
Rug repair shops (not combined with
cleaning)
Saddlery repair shops
Scale service repair
Sewing machine repair
Tent repair shops
Typewriter repair (including electric)
Venetian blind repair shops
Window shade repair "hops
B-2
May 1998
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ATTACHMENT C
EXCEPTIONS TO INDUSTRIAL ESTABLISHMENT DEFINITION
NJAC 7:26B-2.1(b)
The following operations are not industrial establishments:
1. Those portions of a solid waste or hazardous waste facility subject to operational closure or
post-closure maintenance requirements pursuant to the following.
i. The Solid Waste Management Act, NJ.S.A. 13:1E-1 et seq;
ii. The Major Hazardous Waste Facilities Siting Act, N.J.S.A. 13:1E-49 et seq.; or
iii. The Solid Waste Disposal Act, 42 U.S.C. §§6901 et seq.;
2. Any office, located on a separate tax lot and block from the industrial establishment
it serves, in which personnel are engaged primarily in general administrative, personnel,
supervisory, accounting, purchasing, engineering and systems planning, advertising,
legal, financial, sales or other related management functions provided however this
"office" exemption shall not apply where separate lots and blocks are or have been
established after December 31, 1983, at the site of an existing industrial establishment;
3. Any business entity engaged primarily in the production or distribution of agricultural
commodities;
4. Retail gasoline stations with a SIC major group number of 55;
5. Automobile repair and automobile body shops with a SIC major group number of 75;
6. Agricultural land and associated structures;
7. Undeveloped or vacant land provided:
i. No industrial establishment has operated on such vacant land since December 31,
1983; and
ii. The contiguous land is not an industrial establishment under the same control or
ownership as the vacant land in question;
8. Facilities engaged in the retail sale of fuel oil with a SIC major group number of 59;
9. Facilities engaged in the retail sale of goods with a SIC major group number of 52-59; and
10. Operations engaged in the wholesale distribution of durable goods with a SIC major group
number of 50 including, but not limited to, the following:
i. Motor vehicles and automotive parts; vi. Sporting goods;
ii. Furniture; vii. Hardware;
iii. Lumber; viii. Machinery; and
iv. Metals; ix. Jewelry.
v. Electrical goods;
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May 1998
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ATTACHMENT D
EXCEPTIONS TO CLOSING OPERATIONS OR TRANSFERRING
OWNERSHIP/OPERATIONS OF AN INDUSTRIAL ESTABLISHMENT
NJAC 7:26B-2.1(a)
7:26B-2. l(a) The following transactions shall not be considered closing operations or transferring
of operations or ownership of the industrial establishment:
1. Corporate reorganization not substantially affecting the ownership of control of the industrial
establishment in accordance with N J.A.C. 7:26B-2.2(c);
2. A transaction or series of transactions involving the transfer of stock and/or assets among
corporations under common ownership it the transaction or transactions will not result in:
i. The diminution of the net worth of the corporation that directly owns or operates the
industrial establishment by more thar 10 percent; or
ii. A greater or equal amount of assets are available for the remediation of the industrial
establishment before and after the transaction or transactions;
3. A transaction or series of transactions involving the transfer of stock and/or assets resulting
in the merger or de facto merger or consolidation of the indirect owner with another person,
when the indirect owner's assets would have been unavailable for remediation in accordance
with N.J.A.C. 7:26B-2.2(b) if the transaction or transactions had not occurred;
4. A transaction or series of transactions involving the transfer of stock and/or assets resulting
in a change in the person holding the controlling interest of an indirect owner of an industrial
establishment, when the indirect owner's assets would have been unavailable for remediation
in accordance with N.J.A.C. 7:26B-2.2(b) if the transaction or transactions had not occurred;
5. A transfer where the transferor is the sibling, spouse, child, parent, grandparent, spouse of
child, child of a sibling, or sibling of a parent, of the transferee;
6. A transfer to confirm or correct any deficiencies in the recorded title of an industrial
establishment;
7. A transfer to release a contingent or reversionary interest except for any transfer of a lessor's
reversionary interest in leased real property;
8. A transfer of an industrial establishment by devise or intestate succession;
D-l
May 1998
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9.
10.
11.
12.
The granting or termination of an easement or license to any portion of an industrial
establishment;
13.
14.
15.
16.
17.
18.
19.
20.
21.
The sale of transfer of real property or
:losing operations of an industrial establishment
pursuant to a condemnation proceeding initiated pursuant to the "Eminent Domain Act of
1971,"NJ.S.A.20:3-1 et seq.;
The execution, delivery and filing or recording of any mortgage, security interest, collateral
assignment or other lien on real or personal property or refinancing of any debt not including
a sale and lease back, by the owner or operator of an industrial establishment;
Any transfer of personal property pursuant to a valid security agreement, collateral
assignment or other lien, including, but not limited to, seizure or replevin of such personal
property which transfer is for the purpose; of implementing the secured party's rights in the
personal property which is the collateral;
A sale or transfer of assets of an industrial establishment that is in the ordinary course of
business;
The termination of a lease of an industrial establishment where the lease is renewed by the
same tenant without a disruption in operations;
The execution of a lease for a period of less than 99 years;
The sale of a single or multi-family dwelling used primarily for residential purposes;
The transfer to a beneficiary pursuant to the terms of a trust:
The change, substitution or replacement of a trustee, administrator, executor, guardian,
conservator or fiduciary, where the trust, estate or other similar mechanism is an owner
or operator of an industrial establishment;
Obtaining construction loans by the owner or operator of an industrial establishment;
A change in SIC number as a result of a change in the SIC manual without a change in the
operations of the industrial establishment;
The sale or transfer of stock or assets, or bj>th, in a corporation, if the sale or transfer is part
of a reorganization of the corporation into la limited liability company, which shall not result
in the diminution of the net worth of the corporation and limited liability company,
respectively, that directly owns or operates the industrial establishment, before and after the
transaction or transactions and does not result in a change in the person or persons holding
controlling interest of the entity; and
D-2
May 1998
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A transaction or series of transactions involving the transfer of stock or assets of a
corporation, or the sale or transfer of interests in a limited liability company, that is a direct
owner or operator or indirect owner of an industrial establishment, resulting in a merger or
consolidation, where the direct owner or operator or indirect owner of an industrial
establishment is the surviving or resulting person.
D-3
May 1998
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ATTACHMENT E
EXPEDITED PROCESSES, EXEMPTIONS, AND WAIVERS
The following is taken from the August 1996 Guide to ISRA, published by the NJDEP and available
on the NJDEP internet site (www.state.nj. us/dep/srp/isra). If your facility is not subject to anv of
these waivers, exemptions, or expedited review processes, you are required to undergo the standard
review process by the NJ DEP pursuant to ISRA. Return to the flow chart and continue.
This section describes the various applications for expedited processes, exemptions and waivers that
are provided under ISRA. These applications allow the owners and operators of industrial
establishments to proceed with their transactions while providing NJ DEP with the needed
information to complete its review of the sites on an expedited basis. It is emphasized that whenever
an application requires a certification, evaluation or investigation of a facility, these must be
performed pursuant to the Technical Requirements for Site Remediation (TRSR) N.J.A.C. 7:26E.
A Certificate of Limited Conveyance allows the owner/operator to transfer
up to one third of the appraised value of an industrial establishment without
having to remediate the entire establishment. This certificate is valid for
three years after the issuance date. Before completing the transfer, the
owner/operator must file a General Information Notice (GIN), remediate the
portion to be conveyed, and obtain a No Further Action (NFA) approval for
that portion of the industrial establishment subject to the transfer.
A De Minimus Quantity Exemption allows an industrial establishment to
transfer or close operations without conducting a remediation pursuant to
ISRA under specific conditions. The required de minimus quantity
conditions exist if the total quantity of hazardous substances and hazardous
wastes generated, manufactured, refined, transported, treated, stored, handled
or disposed of at the industrial establishment at any one time during the
owner's or operator's period of ownership or operations: 1) does not exceed
500 pounds or 55 gallons; or 2) if a hazardous substance or hazardous waste
is mixed with nonhazardous substances, the total quantity in the mixture does
not exceed 500 pounds or 55 gallons; or 3) if, in the aggregate, hydraulic or
lubricating oil, does not exceed 220 gallons.
A Limited Site Review allows an applicant to evaluate an industrial
establishment without NJ DEP's oversight and certify that there have been
no discharges at the establishment subsequent to the issuance of the most
recent NFA except in an Area of Concern (AOC). The applicant certifies that
this area of concern was either not remediated or remediated but not reviewed
E-l
May 1998
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and approved by NJ DEP. As a
not the entire establishment. NJ
is 45 days upon receipt of a comp
result. NJ DEP only reviews that AOC and
DEP's goal for processing this application
etc application.
A Remediation in Progress Waiver allows an applicant to ciose operations
or transfer ownership/operations if the site is already undergoing remediation
with NJ DEP oversight. The applicant must be able to certify that there have
been no discharges at the site during the applicant's ownership or operations,
and that a remediation funding
establishment is granted a waiver
source is in place. If an industrial
the remediation proceeds under the case
already under remediation until ' a NFA approval. NJ DEP's goal for
processing this application is 15 days upon receipt of a complete application.
A Regulated Underground Storage Tank Only Waiver allows an
applicant to close operations or transfer ownership/operations without
obtaining NJ DEP approval of a Remedial Action Workplan or NFA approval
if it is determined the only AOC s a regulated Underground Storage Tank
(UST) or the only discharges at fie site are from regulated USTs and the
industrial establishment is actively remediating the discharge under NJ DEP
Bureau of Underground Storage Tanks oversight. NJ DEP's goal for
processing this application is 15 days upon receipt of a complete application.
An Area of Concern Waiver allows an applicant to evaluate an area of
environmental concern without NJ DEP oversight if there was a previous
NFA approval and no discharges nave occurred at the AOC since the NFA
was approved. Approval of an AOC Waiver relieves the owner or operator
of the requirement to perform a remediation pursuant to ISRA for any AOC
at the industrial establishment for which a remediation has previously been
conducted and approved by NJ DEP. Subsequently NJ DEP will review the
unaddressed AOCs. NJ DEP's goal for processing this application is 15 days
upon receipt of a complete application.
A Minimal Environmental Concern Waiver allows a site with two or less
soil AOCs to remediate the AOCs if the areas are not a threat to drinking
water or an immediate environmental concern and the remediation can be
completed in six months. Application for this waiver must be made after the
completion of a preliminary assessment, site investigation and remedial
investigation. If the waiver is approved, the transaction can occur without NJ
DEP approval of a Remedial Actioi i Workplan (RAW), NFA, or Remediation
Agreement. Upon completion of the remedial action the applicant must
return to NJ DEP with results of the remediation seeking a NFA approval.
NJ DEP's goai for processing this application is 30 days upon receipt of a
complete application.
E-2
May 1998
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An Expedited Review allows an applicant to evaluate, without NJ DEP
oversight, an industrial establishment which previously received a NFA
approval and apply for a Negative Declaration. Approval is based on the
applicant's certification that there have been no discharges at the industrial
establishment after the issuance of the most recent NFA approval and no
contamination remains which exceeds the current cleanup criteria by more
than an order of magnitude (factor of 10). NJ DEP's goal for processing this
application is 15 days upon receipt of a complete application.
E-3
May 1998
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AIR POLLUTION CONTROL - - PERMITS AND CERTIFICATES FOR MINOR
FACILITIES AND MAJOR FACILITIES WITHOUT AN OPERATING PERMIT
N.J.A.C. 7:27, Subchapter 8
[Based on August 18,1997 Proposed Changes]
Summary
N.J.A.C. 7:27, Subchapter 8 requires preconstruction permits (permits) and operating
certificates (certificates) for the construction, modification and operation of minor stationary sources
of air pollution. Subchapter 8 regulates only minor sources of air pollution; Subchapter 22 regulates
major sources through NJ DEP's operating permit program. On August 18,1997, NJ DEP proposed
changes that update the existing regulations. The attached flow charts are based upon these proposed
regulations.
Subchapter 8 provides a list of minor stationary sources subject to permit and certificate
requirements. These sources are called significant sources. It also enumerates sources that dc not
require permits and certificates. These include sources listed as insignificant sources, sources
qualifying for a general permit, and sources at a facility with a facility-wide permit. (Note that
facilities must still comply with the terms of the general or facility-wide permits when installing or
modifying significant sources).
Subchapter 8 also regulates how changes are made to existing permits. There are four
different ways to make such changes, ranging from a permit revision, which requires prior approval
and a full Department review, to an amendment, which allows a permittee to make a change and
notify the Department within 120 days.
The attached flow charts provide guidance on: (1) whether a minor air pollution source is
subject to a Subchapter 8 preconstruction permit or operating certificate; and (2) which of the four
methods of making changes to an existing permit or certificate is most appropriate.
Using the Flow Chart
This applicability flow chart is intended to assist the reader in determining whether and how
Subchapter 8 of the New Jersey Air Pollution regulations applies to a specific facility. Two flow
charts are attached. The first helps determine whether a facility needs to obtain a preconstruction
permit and operating certificate for sources constructed, reconstructed, installed or modified. The
second helps determine whether a facility needs to make a change to an existing permit and, if so,
what method for making this change is most appropriate. By starting at the top left comer of each
chart and carefully deciding the appropriate response to each subsequent question the reader can
determine a facility's necessary action(s) for compliance with this regulation.
May 1998
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Readers are strongly encouraged to use these flow charts in conjunction with the full text of
the regulation as published in the New Jersey Administrative Code (N.J.A.C.). The charts are not
a suitable substitute for referring to the regulatioi)i directly, and interpretations of regulations made
on the basis of the charts are the sole responsibility of facility representatives.
Every effort has been made to ensure the accuracy of the flow charts. However, in the case
of any discrepancy between the charts and the regulation as printed in the N.J.A.C., the regulation
prevails. Please note the date the flow charts and attachments were prepared or last updated,
indicated at the bottom of this page and on the flow charts. It is the reader's responsibility to
determine whether there have been any changes Jin applicability of this regulation since this date.1
Contacts
For questions concerning Subchapter 8, contact:
NJ DEP Enforcement Regional Offices
Central: 609-584-4100
Northern: 973-299-7700 (Huntelrdon, Morris, Passaic, Somerset, Sussex,
and Warren); 201-669-3935 (Bergen, Essex and Hudson)
Southern: 609-757-2990
NJ DEP Permitting, Bureau of New Source Review, 609-633-2753
NJ DEP Bureau of Air Quality Engineering, 609-984-3023
Other Compliance Assistance Resources
For a copy of this subchapter and other subchapters of the New Jersey Air Pollution Control
Code, refer to NJ DEP's Office of Air Quality Management homepage:
http://www.state.nj.us/dep/aqm
For information, permit forms, and technical manuals on how to apply for and prepare for
an air quality permit, refer to NJ DEP's: Air Quality Permitting Program homepage:
http://www.state.nj.us/dep/aqpp
1 The flow charts and attachments are based on changes to Subchapter 8 proposed by NJ
DEP on August 18, 1997.
2 May 1998
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For information on air pollution control requirements targeted at small businesses, refer to
MJ DEP's Small Business Assistance Program website: http://www.state.nj.us/dep/aqm/sbap.htm
For information on federal air regulations, you may refer to the US EPA Office of Air and
Radiation website: http://www.epa.gov/oar
May 1998
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APPLICABILITY FLOW CHART
NJ DEP AIR 7:27, SUBCHAPTER 8
[Based on August 18,1997 Proposed Changes]
Note: Terms in Quotations are Defined in section A of Attachment (or N.J.A.C. 7:27-8,1)
Do you plan to "construct,"
"reconstruct," "install" or "modify"
any "equipment" or "control
apparatus" listed in 7:27-8.2(c)? (See
section B of Attachment for list of
equipment.)
No
Yes
DO you plan to make any
cl anges to equipment or
cc ntrol apparatus covered
by an existing "preconscruction
permit" or "operating
certificate"?
Yes
Does the equipment or control
apparatus emit "air contaminants"
(7:27-8.2(c))?
No
You must submit a "permii
revision," "compliance
plan change," "seven-day
notice change" or
"amendment" as described
in 7:27-8.18 through 8.23.
No
o Further
Action
Needed.
v Yes
Is the equipment or control apparatus
an "insignificant source" according
to 7:27-8.2(d)? (See section C of
Attachment for list of equipment.)
1 No
Yes
Preconstruction permit\
and operating certificate )
are not required../
Go to attached
[ permit change flow j
chart.
Are you "repairing or maintaining"
the equipment or control apparatus
according to 7:27-8.3(i)?
Yes
No
Do "facility-wide permit" exemptions
listed in 7:27-8.27 apply?
(See section D of Attachment for
explanation of exemptions.)
Yes
Preconstruction permit and operating
certificate are not required. However,
changes must be reported to NJ DEP
Within 120 days as required in 7:27-8.27.
No
Does the equipment or control
technology belong to a class of
sources that qualifies for a "general
permit" under 7:27-8.8?
(See section E of Attachment for
list of qualifying sources.)
Yes
Preconstruction permit and operating
certificate are not required as long as
the facility registers for the general
permit and complies with the
requirements of 7:27-8.8.
No
Is your facility covered by an
"operating permit" under 7:27-22?
Yes
Has an operating permit been issued for the
equipment being constructed, reconstructed,
installed, or modified?
No
Facility must obtain
a "preconstruction permit" and "operating
certificate" prior to constructing, reconstructing,
installing or modifying and operating this
"significant source" (7:27-8.3(a) and (b)).
Yes
Yes
Is the equipment or control apparatus in a
petition of your facility that is not covered
by Bn operating permit?
No
May 1998
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PERMIT CHANGE FLOW CHART
NJ DEP AIR 7:27, SUBCHAPTER 8
(Based on August 18, 1997 Proposed Changes1]
Is the change already authorized
by a permit?
No
Is the change listed as requiring a
"permit revision" in 7:27-8:18(a)?
(See section F of.* 'tachmentfor list
of permit revision changes.}
No
Is the change listed as requiring a
"compliance plan change" in
7:27-8.19(a)? (Seesection G of
Attachment for list of compliance
plan changes.)
No
Is the change listed as requiring a
"seven-day notice" in 7:27-8.20(b)
or (c)? (See section H of Attachment
for list of seven-day notice changes.)
No
Is the change listed as requiring an
"amendment" in 7:27-8.2 l(b)?
(See section / of Attachment for list
of amendment changes.)
Yes
f No submittal to \
V DEP required./
No
Yes
Is the equipment permitted
under the batch, pilot or
dual permitting procedure?
Submit a permir
revision under
7:27-8:18 for pnor
DEP approval.
Yes
Yes
/Submit a compliance
* (plan change under 7:27-8.1
\. for DEP approval.
Yes
Yes
Is the equipment permitted
under the batch, pilot or
dual permitting procedure?
/See batch, pilotN.
*i or dual technical )
X^^^manual. ^^/
Submit a seven-day
notice under 7:27- 8.20
If not notified by DEP
within seven days,
begin actions
proposed in notice.
Submit an amendment
under 7:27-8.21
within 120 days after
making the change.
No
No submittal to
DEP required.
1 Flow chart closely parallels the permit change flow chart included in the August 18, 1997 proposed changes.
May 1998
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ATTACHMENT
KEY PROVISIONS OF NJ DEP AIR 7:27, SUBCHAPTER 8
(Based on August 18,1997 Proposed Changes)
A. Definitions (7:27-8.1)
"Air contaminant" means any substance, other than water or distillates of air, present in the
atmosphere as solid particles, liquid particles, vapors or gases.
"Amendment" means a change made to a permit and certificate under N.J.A.C. 7:27-8.21,
Amendments.
"Compliance plan change" means a change made to a permit and certificate under N.J.A.C. 7:27-
8.19, Compliance plan changes.
"Construct" or "construction" means to fabricate or erect equipment or control apparatus at a
facility where it is intended to be used, but shall not include the dismantling of existing equipment
or control apparatus, site preparation, or the ordering, receiving, temporary storage, or installation
of equipment or control apparatus. Unless otherwise prohibited by Federal law, "construct" or
"construction" shall also not include the pouring of footings or placement of a foundation where
equipment or control apparatus is intended to be used.
"Control apparatus" means any device which prevents or controls emissions.
"Dry Cleaning Equipment" means equipment located at a commercial establishment, used for
cleaning textiles or garments, in which the cleaning agent is a chemical or petroleum solvent.
"Equipment" means any device capable of causing the emission of an air contaminant and any
stack or chimney, conduit, flue, duct, vent or similar device connected or attached to, or serving the
equipment.
"Facility-wide permit" means a single permit issued by the Department to the owner or operator
of a priority industrial facility incorporating the permits, certificates, registrations, or any other
relevant Department approvals previously issued to the owner or operator of the priority industrial
facility pursuant to the Solid Waste Management Act, NJ.S.A. 13:1E-1 et seq., the Water Pollution
Control Act, N.J.S.A. 58:10A-1 et seq., the Air Pollution Control Act, NJ.A.C. 26:2c-l et seq., and
the appropriate provisions of the Pollution Prevention Plan prepared by the owner or operator of the
priority industrial facility pursuant to NJ.S.A. 13:1D-41 and 42. This term shall have the same
meaning as defined foi the term "facility-wide permit" at NJ.A.C. 7:1K-1.5.
A-l
May 1998
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"General permit" means a type of standardized permit and certificate, issued by the Department
under N.J.A.C. 7:27-8.8.
"Insignificant source" means, for the purposes
that does not need a permit and certificate under
if this subchapter, equipment or control apparatus
N.J.A.C. 7:27-8.2.
"Install"or "installation" means to carry out final setup activities necessary to provide equipment
or control apparatus with the capacity for use or
systems. This term does not include construct:
service. This term includes but is not limited to,
connection of equipment or control apparatus, associated utilities, piping, ductwork or conveyor
on, as defined above, nor the reconfiguration of
equipment or control apparatus to an alternate configuration specified in a permit application and
approved by the Department. \
"Modify" or "modification" means any physical change in, or change in the method or operation
of. existing equipment or control apparatus that ii crjgasgs. the actual amount of any air contaminant
emitted by that equipment or control apparatus or that results in the emission of any air contaminant,
or air contaminant category, not previously emitted, but shall not include normal repair and
maintenance. !
"Operating certificate" or "certificate" means
subchapter to authorize operation of equipment
Control Act of 1954, specifically N.J.S.A. 26:2C
a certificate issued by the Department under this
or control apparatus, pursuant to the Air Pollution
-9.2.
"Operating permit" means the permit described
§§7661 et seq., and in N.J.A.C. 7:27-22. This tejm
applicable facility wide, but does not include a g>
of a facility. Where a general operating permi
operating permit shall be incorporated into th<
operating permit issued for a temporary facility;
pursuant to NJ.A.C. 7:27-22.26; or for a component of a facility pursuant
in Title V of the Federal Clean Air Act, 42 U.S.C.
shall include a general operating permit that is
jneral operating permit that applies only to a part
t applies only to a part of a facility, the general
operating permit. This term also includes an
facility subject to a MACT or GACT standard
to N.J.A.C. 7:27-22.5(1).
fora
"Permit revision" means a change made to a bermit and certificate under NJ.A.C. 7:27-8.18,
Permit revisions. :
"Preconstruction permit" or "permit" means
installation, reconstruction, or modification of a si
this subchapter pursuant to the New Jersey Air
26:2C-9.2.
a legally valid permit, authorizing construction,
gnificant source, issued by the Department under
Pollution Control Act and in particular N.J.S.A.
"Reconstruct" or "reconstruction" means the! replacement of parts of equipment included in a
process unit, or the replacement of parts of connjol apparatus, if the fixed capital cost of replacing
the parts exceeds both of the following amounts:'
Ar2
May 1998
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I. Fifty percent of the fixed capital cost that would be required to construct a
comparable new process unit or control apparatus; and
2. 580.000, in 1995 dollars, adjusted by the Consumer Price Index.
"Repair or maintenance" means upkeep of existing equipment or control apparatus, including the
replacement of parts, but does not include the reconstruction of equipment or control apparatus.
"Seven-day-notice change" means a change made to a permit and certificate under N.J.A.C. 7:27-
8.20, Seven-day-notice changes.
B. Equipment Requiring a Permit Certificate (7:27-8.2(c))
The following equipment and control apparatus, if it emits air contaminants, requires a
preconstruction permit and an operating certificate:
1. Commercial fuel burning equipment with a maximum rated heat input of 1,000,000
BTU per hour or greater to the burning chamber.
2. Equipment that has the potential to emit any Group 1 or Group 2 Toxic Substance
(TXS) (or a combination thereof) at a rate greater than 0.1 pounds per hour (45.4
grams per hour). A toxic substance is defined in NJAC 7:27, Subchapter 17 as any
of the following substances:
Group I
Name
Benzene (Benzol)
Carbon terrachloride (Tetrachloromethane)
Chloroform (Trichloromethane)
Dioxane (1,4-Diethylene dioxide)
Ethylenimine (Aziridine)
Ethylene dibromide (1,2-Dibromoethane)
Ethylene dichloride (1,2-Dichloroethane)
1,1,2,2-Tetrachloroethane (sym Tetrachloroethane)
Tetrachioroethylene(Perchloroethylene)
1,1,2-Trichloroethane (Vinyl trichloride)
Trichloroethyiene (Trichlorethene)
CAS Number
71-43-2
56-23-5
67-66-3
123-91-1
151-56-4
106-93-4
107-06-2
79-34-5
127-18-4
79-00-5
79-01-6
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May 1998
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3.
4.
Group II
Name
Methylene chloride (Dichlorometpane)
1,1,1 -Trichloroethane (M
Dry cleaning equipment.
1,1,1-Trichloroethane (Methyl chloroform)
CAS Number
75-09-2
71-55-6
A surface cleaner that uses a cleaning solution containing five percent or more
VOCs, HAPs, or VOC and HAP, (combined, and which is:
i. An unheated open top surf ice cleaner with a top opening of greater than six
square feet (0.56 square meters) or a capacity greater than 100 gallons;
ii. A heated open top surface cleaner;
Hi. A conveyorized surface cleaner; or
iv. A stationary spray cleaniilig or surface stripping operation using one half
gallon or more of cleaning
solution in any one hour.
Equipment used in a graphic arts operation, including newspaper, lithographic,
gravure, flexographic, letterpress and screen printing, in which the quantity of ink,
fountain solution, or cleaning material used by a source in any one hour is equal to
or greater than one half gallon.
Any tank or vessel that has a capacity of more than 100 gallons and is used:
i. In etching, pickling, or plating; or
i
In chromium electroplating or chromium anodizing.
11.
A transfer operation involving gisoline or other VOCs regulated under N.J.A.C.
7:27-163 or 16.4, or a marine tank vessel loading or ballasting operation regulated
under N.J.A.C. 7:27-16.5, if the op eration is required to have a control device other
than bottom fill or submerged fill.
8. Stationary storage tanks that have i
for the storage of liquids, except \yater or distillates of air.
capacity in excess of 10,000 gallons and are used
May 1998
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9. Stationary storage tanks that have a capacity of 2.000 gallons or greater and are used
for the storage of applicable VOC.
10. Tanks, reservoirs, containers and bins that have a capacity in excess of 2,000 cubic
feet and are used for the storage of solid particles.
11. Stationary material handling equipment using pneumatic, bucket or belt conveying
systems from which emissions occur.
12. Equipment used in a surface coating operation including, but not limited to, spray
and dip painting, roller coating, and electrostatic depositing, in which the quantity of
coating or cleaning material used by a source in any one hour is equal to or greater
than one half gallon of liquid.
13. Any equipment used for the burning of noncommercial fuel, crude oil or process by-
products in any form.
14. An incinerator, except an incinerator exempted under 7:27-8.2(d)9 below.
IS. Equipment which is used for treating groundwater, industrial wastewater, or
municipal wastewater with a solids content of less than two percent by weight as it
enters the equipment (typical operations performed by this type of equipment
include, but are not limited to, air stripping, aeration, digestion, thickening,
flocculating, surface impounding, and dewatering), if the equipment does either of
the following:
i. Treats or handles influent which has one or both of the following:
(1) A total concentration of VOCs and Group 2 TXS in the influent of
3,500 parts per billion by weight (ppbw) or more; or
(2) A total Group 1 TXS concentration in the influent of 100 ppbw or
more; or
ii. Discharges more than 50 pounds per hour of sludge with a solids content of
two percent by weight or greater.
16. Equipment used for treating waste soils or sludges, including municipal solid wastes,
industrial solids wastes, or recycled materials, if the influent to the equipment has a
solids content of two percent by weight or greater. Typical operations performed by
this type cf equipment include, but are not limited to, soil cleaning, composting,
pelletizing, grit classifying, drying, and transfer station operations.
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May 1998
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17. Equipment used for the purposi of venting a closed or operating dump, sanitary
landfill, hazardous waste landfill or other solid waste facility, directly or indirectly
into the outdoor atmosphere including, but not limited to, any transfer stations.
recycling facility, or municipal solid waste composting facility.
18. Any control apparatus serving jequipment for which a permit and certificate is
required pursuant to this section.
19. Equipment in which the combined weight of all raw materials used, excluding air and
water, exceeds 50 pounds in ariy one hour, except for equipment excluded from
permit requirements under (c)3 though 18 above (e.g., grinding 150 Ibs. of pigment
for 30 minutes. See B.8(i) for clarification).
C. Insignificant Sources (7:27-8.2(d))
Even if a source is listed in 7:27-8.2(c), it is an insignificant source and does not need a
permit and certificate if it is one of the following:
1. A storage tank maintained under a pressure greater than one atmosphere provided that
any vent serving such storage tarik has the sole function of relieving pressure under
emergency conditions;
2. Storage tanks, reservoirs, containers, or bins used on any farm for the storage of
agricultural commodities produced by or consumed in the farm's own operations.
This exemption does not include storage tanks, reservoirs, containers or bins used by
distributors of agricultural commodities or by research facilities which develop
products for use in agricultural production;
3. Equipment or control apparatus located at a facility with an operating permit issued
under N.J.A.C. 7:27-22. Untjl the operating permit is issued, however, the
equipment and control apparatus remain subject to this subchapter;
4. Aeration basins, lagoons and settling basins at publicly owned treatment works or
domestic treatment works;
5. Equipment that is used for the sple purpose of wood working by sanding, drilling,
cutting or planing, unpointed wood or wood products, and which vents solely into a
room;
6. Hand held equipment for buffing, polishing, cutting, drilling, sawing, grinding,
turning, or machining wood, mejtal or plastic. For the purposes of this subsection,
"hand-held" means "can reasonably be carried by one person;"
A-6
May 1998
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s.
9.
10.
Equipment at a battery charging station, except at a battery manufacturing plant;
A source used in any of the following, if the source is not part of a production
process:
i. The activities of maintenance shops, such as welding, gluing, and soldering,
performed indoors or outdoors;
ii.
in.
IV.
A laundry operation that does not use dry cleaning processes, and which
services uniforms or other clothing used at the facility;
Architectural maintenance activities conducted to take care of the buildings
and structures at a facility, including repainting, reroofing, and sandblasting;
or
Food preparation to service facility cafeterias and dining rooms;
An incinerator that serves a one or two family dwelling; or that serves a multi-
occupied dwelling containing six or fewer family units, one of which is occupied by
the owner of the dwelling; or
A source which is grandfathered because it:
i. Was in operation prior to the date that sources of its kind were first subject
to permit requirements under this subchapter;
ii. Has not been reconstructed or modified since that date; and
iii. Is still in operation.
D. Special Facility-Wide Permit Provisions (7:27-8.27)
(a) The holder of a facility-wide permit, as defined at N.J.A.C. 7:27-8.1, is not required to
obtain a permit and certificate under this subchapter for a planned action or change if:
1. The production process affected by the action or change is identified in and subject
to an approved facility-wide permit issued under NJ.S.A. 13:lD-35 et seq.;
2. The planned action or change is either:
i. Allowed under the facility-wide permit; or
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May 1998
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ii. Documented in a modification to a Pollution Prevention Plan, which
satisfies the requirements of N.J.A.C. ?:lK-3 and 4 or in a Pollution
Prevention Assessment as defined in N.J.A.C. ~*:1K-1.5: or
3. The planned action or change does not cause any of the foliowing:
i. An increase in the generation of nonproduct output per unit of production
manufactured by the equipment of production process;
ii. An exceedance of the maximum allowable concentration or rate of emission
of any air contaminant for the production process or the entire facility,
whichever is more stringent;
iii. An exceedance of the maxiinum allowable concentration or effluent limitation
of any discharge to waters) of the State; or
iv. The addition of a new production process.
(b) An action or change for which no permit is required under (a) above shall be reported to
the Department within 120 days after the start of the action or change as an amendment of the
facility-wide permit. A copy of the Pollution Prevention Plan Modification or Pollution Prevention
Assessment shall be submitted with the amendment to the facility-wide permit.
(c) If the holder of a facility-wide permit makes a change that does not meet the criteria at
(a) above, the change requires a permit, or a change to an existing permit(s) at H.J.A.C. 7:27-8.17
through 8.22.
E. General Permits (7:27-8.8(c))
A general permit is available for the following sources:
1. One or more tanks and/or pumps
fuel, or kerosene, located at a si
used for storing and/or pumping gasoline, diesel
ngle service station (retail or non-retail), if the
station:
i. Receives gasoline, diesel fijiel, or kerosene from a delivery vessel and puts it
into a stationary storage tank;
ii. Transfers gasoline from a storage tank into a gasoline vapor laden fuel tank;
iii. Has Stage 1 vapor recovery equipment that complies with N.J. A.C. 7:27-16.3
on all gasoline tanks at the station; and
A-8
Mav 1998
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IV.
Has Stage 2 vapor recovery equipment that complies with N.J.A.C. 7:27-16
on all gasoline pumps at the station.
One or more pieces of wood working equipment, located at the same facility, where
all air contaminant emissions from the equipment are captured and vented to a
paniculate control apparatus with a minimum removal efficiency of 99 percent.
A single boiler with a maximum rated heat input of less than 10 million BTUs per
hour, combusting natural gas, number 2 commercial fuel oil, or both fuels (and no
other fuels).
A single emergency generator that operates no more than 500 hours per year, and has
a maximum rated heat input that is less than or equal to 15 million BTU per hour
(generating approximately 1.5 megawatts of electricity) when the generator combusts
diesel fuel, or 40 million BTU per hour (generating approximately 4.0 megawatts of
electricity) when the generator combusts natural gas.
A bulk solid materials receiving and storage system, which uses pneumatic or
mechanical conveying, where all particulate air contaminant emissions are captured
and vented to a particulate control apparatus with a minimum removal efficiency of
99 percent.
One or more pieces of enclosed abrasive blasting equipment, located at the same
facility, where all particulate air contaminant emissions from the equipment are
captured and vented to a particulate control apparatus with a minimum removal
efficiency of 99 percent.
A stationary storage tank which:
i. Does not have a floating roof;
ii. Has a maximum capacity of 300,000 gallons; and
iii. Is used for storing VOCs with a vapor pressure within the applicable limit
below:
(1) If the tank has a maximum capacity of 20,000 gallons or less, vapor
pressure shall be less than 11.1 psia (pounds per square inch absolute)
at 70 degrees Fahrenheit;
(2) If the tank has a maximum capacity of more than 20,000 gallons but
less than or equal to 40,000 gallons, vapor pressure shall be less than
4.0 psia at 70 degrees Fahrenheit;
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May 1998
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(3) If the tank has a maximum capacity of more than 40.000 gallons but
less than or equal to 300,000 gallons, vapor pressure shall be less than
.75 psia at 70 degijees Fahrenheit.
F. Permit Revisions f7:27-8.I8(a»
The following actions require prior approval from the Department through a permit revision:
1. A request for an increase in a maximum allowable emission limit, including
correction of a typographical error or inaccurate calculation, if the correction would
result in a higher maximum allowable emission limit.
2.
4.
5.
An action that shall:
Increase actual emissions, to a rate or concentration greater than a maximum
allowable emission limit: or
n.
Cause the emission of a new air contaminant not specified in the permit and
certificate. If the permit and certificate allows emission of a group of air
contaminants, such as "to^al VOCs," or "total particulates," then any non-
HAP air contaminant in that group is considered to be specified in the permit
and certificate.
Use of a new raw material not specified in the permit, if the use would any of the
following results (If the use would not cause any of these results, it shall be processed
as a seven-day-notice under N.J.A.C. 7:27-8.20, or as an amendment under N.J.A.C.
7:27-8.21):
i. An increase in actual emissions, to a rate or concentration greater than a
maximum allowable emission limit;
ii. Emission of a new air contaminant not specified in the permit and certificate,
at a level that meets or exceeds the applicable reporting threshold in
Appendix 1, Tables A and B, incorporated herein by reference; or
iii. The source to become subject to a requirement that did not previously apply.
A reconstruction, as described in N.J.A.C. 7:27-8.23.
Any of the following changes, if the change would cause the ground level
concentration of an air contaminant to increase in that portion of the atmosphere,
external to buildings, to which the general public has access:
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May 1998
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7.
8.
i. The replacement of an existing stack or chimney with a shorter stack or
chimney;
ii. A change in the number of stacks or chimneys serving a source, which results
in any discharge height less than that of the tallest stack or chimney existing
prior to the change;
iii. An increase in the diameter of stack or chimney; or
iv. A decrease in the exit temperature or volume of gas emitted from a stack or
chimney.
Replacement of an entire permitted source with an identical source, if the source's
potential to emit equals or exceeds any "state of the art" (SOTA) threshold in
Appendix 1, Table A or B (if the potential to emit is below all SOTA thresholds, the
replacement may be processed through an amendment under N.J.A.C. 7:27-
8.21(b)6). For the purposes of this section, replacement means that the new source
will take the place of the existing source in the manufacturing process, and the source
being replaced will be permanently shut down.
Replacement of an entire permitted source with a non-identical source.
Construction or installation of a new significant source (including a control
apparatus), if there are existing, permitted sources onsite, and the new source could,
under N.J.A.C. 7:27-8.4(h), be combined on one permit application with the existing
permitted sources. If the new source could not be combined under one permit with
existing permitted sources under N.J.A.C. 7:27-8.4(h), installation of the new source
would require a new permit of its own.
G. Compliance Plan Changes (7:27-8.19(a))
The following actions require compliance plan changes:
1. A decrease in the frequency of testing, monitoring, recordkeeping or reporting, to
below the frequency specified in the permit and certificate.
2. A change in monitoring method.
3. A change in a level, rate, or limit for an operational parameter if:
i. The change would cause the source to operate outside of the range set by the
permit for that parameter;
A-ll
May 1998
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11.
The parameter is requirdd under the permit and certificate to be tested,
monitored, recorded, or reported to the Department: and
iii. The level, rate, or limit is!not an emission limit.
4. A reduction in a source's potential to emit, through any of the actions listed at "i"
through "iii" below. The permittee may take these actions without contacting the
Department, but the reduction in potential to emit does not take effect until the
Department approves the compliance plan change, making the emission decrease
Federally enforceable. Until Department approval, the source's potential to emit
remains unchanged. The following types of actions may be taken to reduce potential
to emit under this paragraph:
i. A decrease in a maximum allowable emission rate;
u.
in.
A decrease in maximum allowable hours of operation per time period
(number of batches per time period for batch operations); or
A decrease in maximum allowable production rate (production amount per
batch for batch operations).
H. Seven-dav Notice Changes (7:27-8.20(b) and (c))
(b) A seven-day-notice may be used for any change that meets all three of the following
requirements:
1. The action is a physical or operational change that ts outside the scope of activities
allowed by the permit;
2. The action has the potential to result in an increase in actual emissions, but will not
increase emissions over the allowable limits in the permit and certificate; and
3. The action will not alter stack parameters or characteristics so as to cause the ground
level concentration of an air contaminant to increase in that portion of the
atmosphere, external to buildings, to which the general public has access.
(c) A permittee shall submit a seven-dayrnotice for construction or installation of a new
insignificant source (as defined at N.J.A.C. 7:27^8.1), if the emissions from the insignificant source
shall be released through the same control device a^ emissions from an existing, permitted
significant source.
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May 1998
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I. Amendments (l:27-8.2Hb)\
The following actions require amendments:
1. A change in the permit and certificate information that allows the Department to
identify and contact the permittee, including company name or mailing address;
division name; plant name or address; name or address of any owner's agent; or name
or telephone number of the on-site facility manager, any additional plant contact, or
of any responsible official (as defined by N.J.A.C. 7:27-1.4).
2. A transfer of ownership or operational control of the source or the facility.
3. A change to the name, number, or designation given to any equipment or stack in the
permit or certificate.
4. Any of the following changes to a stack or chimney or the use thereof, if the change
complies with EPA stack height regulations at 40 CFR Part 51:
i. A change in the number of stacks or chimneys serving the source, if the
change does not result in any discharge height less than that of the tallest
stack or chimney existing prior to the change;
ii. A decrease in the diameter of a stack or chimney, if the exhaust is vented
upward;
iii. The replacement of an existing stack or chimney with a taller stack or
chimney, if this results in an effective stack height that is no less than that
existing before the change; or
iv. An increase in the exit temperature or volume of gas emitted from a stack or
chimney.
5. The use of a new raw material not specified in the permit (including a change in the
contents of storage tank or container), or a change in the use of a raw material outside
the limits on the permit, if the change shall not cause any of the following:
i. An increase in actual emissions;
ii. Emission of new air contaminant not specified in the permit and certificate,
at a level that meets or exceeds the applicable reporting threshold in
Appendix 1, Tables A and B; or
iii. The source to become subject to a requirement that did not previously apply.
A-13 May 1998
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Replacement of an entire piece off equipment or control apparatus with an identical
one if the source's potential to emit is less that all of the applicable state of the art
threshold levels in Appendix 1, Tables A and B.
i
Correction of a typographical error, unless the correction would result in an increase
in the actual or allowable emissions. If the correction would result in such an
increase, the permittee shall:
i. File a permit revision under N.J.A.C. 7:27-8.18(a)lii; or
ii. If the change does not meet the criteria for a permit revision at N.J.A.C.
8.18(a) 1 ii. the permittee shall submit a seven-day notice under N.J.A.C. 7:27-
8.20.
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May 1998
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DISCHARGE OF PETROLEUM AND OTHER HAZARDOUS SUBSTANCES
N.J.A.C. 7:IE
Summary
The Discharge Prevention regulations govern major facilities storing, transferring,
processing or using hazardous substances and the standards for equipment and procedures
utilized at those facilities. They also specify information that must be submitted by major
facilities regarding discharge prevention, containment and countermeasure (DPCC) plans and
discharge cleanup and removal (OCR) plans. In addition, the regulations prescribe requirements
for notification and discharge reporting.
Key Reporting Dafeg
Renewal of DPCC/DCR Plans is required every 3 years from the last "approval" or
"conditional approval" of DPCC/DCR plans (7:lE-4.9(a)). One copy must be sent to NJ DEP
180 days prior to expiration of those plans.
New major facilities must submit a DPCC/DCR plan at least 180 days prior to the
anticipated operational date (NJAC 7: lE-4.5(d)). Plans must be approved and implemented prior
to operating the facility. A written notice must be submitted 60 days before the start of any new
construction/installation, substantial modification or replacement of any above-ground storage
tank, above-ground enclosed storage space, leak detection, or other monitoring or safety system -
S2££j2i for certain construction/modifications contained in an upgrading schedule of an approved
DPCCplan(7:lE-4.8(a)).
Any changes to facility design, operation or maintenance that could materially affect
facility potential to discharge a Hazardous Substance must be reported to the Department by way
of an amendment to the DPCC/DCR plan within 30 days. Changes not subject to certification
and approval requirements of amendments must be reported to the Department within 30 days.
Please note that a facility may be subject to a Spill Compensation and Control tax even if
it is not required to prepare plans for DPCC/DCR.
Using the Flow Chart
This flow chart is intended to assist the reader in determining whether a new facility is
subject to DPCC/DCR planning requirements. It also addresses procedural issues concerning
amendments, changes or renewals to existing plans. By starting at the top left comer of the chart
and carefully deciding the appropriate response to each subsequent question, the reader can
1 May 1998
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determine a facility's necessary action(s) for compliance with this regulation. Readers are
strongly encouraged to use this flow chart in conjunction with the full text of the regulation as
published in the New Jersey Administrative (Code (N.J.A.C.). The chart is not a suitable
substitute for referring to the regulation directly, and interpretations of regulations made on the
basis of this chart are the sole responsibility of facility representatives.
Every effort has been made to ensure the accuracy of the flow chart; however, in the case
of any discrepancy between the chart and the regulation as printed in the N.J.A.C., the regulation
prevails. Please note the date the flow chart and attachments were prepared or last updated,
indicated at the bottom of this page and on the flow chart. It is the reader's responsibility to
determine whether there have been any changes in applicability of this regulation since this date.
Contacts
NJ DEP Compliance and Enforcement Bureau of Discharge Prevention,
609-633-0610.
Other Compliance Assistance Resources
For more information on US EPA's Emergency Response program, you may refer to:
http://wiviv.epa.gov/oilspill
May 1998
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DISCHARGE. PREVENTION, CONTAINMENT AND COUNTERMEAStJRE (DPCC)
OR DISCHARGE CLEANUP AND REMOVAL (OCR) PLANS APPLICABILITY FLOW CHART
Does your facility
(store a "Hazardous
Substance"?
\NJ.A.C. 7:1E-1,7 &
Appendix A)
Yes
No
Your facility is
not subject to
Facility
DPCC/DCR
planning.
(N.J.A.C.
7:1E)
Does your facility
have a total
combined storage
capacity > 20.000
gal. (or a solid/non-
fluid equivalent of
167,043 Ibs.) for all
Hazardous
Substances except
petroleum or
petroleum products?
No
Does your facility
have a total
combined storage
capacity > 200,000
gal. (or equivalent
measure) for
Petroleum & Non-
petroleum
Hazardous
Substances?
No
Is your facility a
"vessel" (watercraft)
that transfers
Hazardous
Substances to
another vessel?
(Except certain
cleanup, removal &
training activities)
Your facility is considered
"Major" and subject to the
DPCC, OCR & Financial
Responsibility planning and
reporting requirements.
N.J.A.C. 7:1E-1.6& 4.2-4.4)
(See section A of
Attachment for
requirements.)
Have you previously
submitted DPCC/DCR
plans?
No
Your facility is
not subject to
Facility
DPCC/DCR
planning.
(N.J.A.C.
7: IE)
Has it been 3 years since the last
approval or conditional approval of
your DPCC/DCR plan?
Yes
DPCC/DCR plan
"Renewal" required.
(N.J.A.C. 7:lE-4.9>
f See section B of
Attachment for
requirements.)
No
Are you planning new construction
or installation, substantial
modification or replacement to:
above ground storage tanks/space,
leak detection, monitoring or safety
systems?
(See section C o/^^v
Attachment for 1
requirements.) ./
No
Have there been changes to name &
mailing address of facility or
registered agent, names and phone
numbers of employees included in
prior DPCC/DCR plans, or are your
financial responsibility documents
new or revised?
'Amendment" to
existing
DPCC/DCR plan
required.
(N.J.A.C. 7:1E-
4.8(a),(b))
"Change" to
existing
DPCC/DCR plan
required.
(N.J.A.C. 7:1E-
4.8(e))
(See section D of
Attachment for
requirements.)
No
No action necessary at this time.
May 1998
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ATTACHMENT
DPCC/DCR REQUIREMENTS AND MAJOR COMPONENTS OF
DPCC/DCR PLAN PROCESS
DPCC/DCR REQUIREMENTS
A. Overview of PPCC/DCR Plan Review Process (7:lE-4.5^:
DPCC and OCR plans submitted as single document (7:1 E-4.5(a));
Original submission dates (1992-94) follow schedule identified in (7:1E-
4.5(b)l-6);
New major facility, because of addition of a hazardous substance to the list
in NJAC 7: IE-Appendix A, has 180 days from the addition to submit
certified DPCC/DCR plans (7: lE-4.5(c));
"New" facility has 180 days prior to anticipated operational date of facility
to submit plans, and approved plans must be implemented prior to
operating facility (7:lE-4.5(d));
* Within 60 days, NJ DEP will notify facility whether it has all information
needed to begin its technical review (7:lE-4.5(f));
If additional information is required of facility, it must respond within 30
days to the NJ DEP's request (7:lE-4.5(g));
One copy of DPCC/DCR plan, plus a certification, is submitted to NJ DEP
for approval; a second copy of the approved DPCC/DCR plan must be
submitted within 30 days of the receipt of approval(7:lE-4.5(h)).
B. RequireiqeBts fpr Repewals to DPCC/DCR Plans (7:lE-4.9):
Every 3 years following "approval" or "conditional approval" of last
DPCC/DCR plans (7:lE-4.9(a));
One copy to NJ DEP 180 days prior to expiration of DPCC/DCR plans
(NJAC7:lE-4.9(b));
Certification that "existing" plans on file are current, or revision to include
all amendments since last approval, conditional approval, or renewal, and
must be certified (7:lE-4.9(c),(f));
* Renewals include list of discharges at facility since last renewal, including
substances, quantities, locations, case #s of reported discharges (7:1E-
4.9(e));
Second copy of "approved" renewal due to NJ DEP within 30 days of plan
approval (7: lE-4.9(b));
Any DPCC/DCR plan NOT renewed within 3 years of date of last
approval/conditional approval is considered "expired" (7:lE-4.9(g)).
A-l
May 1998
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C. Requirements for Amendments to DPJTC/DCR Plans (7:lE-4.8h
Written notice required 60 days prior to start of new
construction/installation, substantial modification or replacement of any
above-ground storage tank, above-ground enclosed storage space, leak
detection, or other monitoring or safety system - except for certain
construction/modifications contained in an upgrading schedule of an
approved DPCC plan (7:IE-4.8(a));
Report any change to NJ DEP, within 30 days, to facility design, operation
or maintenance that could materially affect facility potential to discharge a
Hazardous Substance; j
Reflect changes in amended DPCC or DCR plan and certify amendments
prior to submission to NJ DEP for approval (7:lE-4.8(b));
NJ DEP will approve or deny the proposed amendments within 60 days.
D. Requirements for Changes tfl DPCC/PCH Flaps f7:lE-4.8fa)):
Changes are not subject to certification and approval requirements of
amendments;
Report changes to NJ DEP within 30 days;
Includes changes to name and address (not those that result from a change
in ownership - which requires a plan amendment), facility and personnel
telephone numbers, name and address of owners' registered agent,
employee names included in DPCC/DCR plans, new or revised financial
responsibility documents.
THE THREE MAJOR COMPONENTS OF THE DPCC/DCR PLAN PROCESS
T,
A.
1.
Discharge. Prevention. Containment ^nd Countermeasiire Plan Specifics f7:lE-4.2):
Prepare the DPCC plan, including (7:lEt4.2(a)):
Facility identifiers (name, address, phone of facility, owner/operator,
registered agent);
* Site plans, drainage and land use and topographical maps;
Date facility becomes operational, if new;
Discharge event summary, corrective actions - for 2 or more events in 12
months (7: lE-4.9(c)). For renewals, ail discharges since last approval
must be listed (NJAC 7:lE-4.9 (e));
Technical information, including descriptions of storage areas, tank car
and tank truck loading and unloading areas, in-facility pipe markings,
secondary containment/diversioni systems, marine transfer areas, flood
hazard areas, leak detection/monitoring systems, housekeeping and
A-2 May 1998
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maintenance programs, personnel training, physical security measures,
standard operating procedures; record keeping, and schedule for upgrading
equipment (7 lE-4.2(d)).
2. Appoint a Response Coordinator (7:1 E-4.2(a)):
Insures compliance with DPCC plan;
* Responsible for reports submission.
B. Discharge. Clqflpupj|nd Removal Plan Specifics (J'.\^-4.3)i
Name, 24-hour phone number of facility response coordinator;
Chain-of-command for emergency response actions;
Notification procedures(7:1E-5);
Provisions for annual emergency response drills;
Lists of types and quantities of containment and removal equipment;
List of trained personnel available to operate equipment;
Deployment plan for on and off-site response and mitigation measures;
Procedures for recycling or disposal options for hazardous substances and
contaminated materials;
A copy of the agreement with local emergency planning committee that
helps to coordinate emergency responses;
A copy of all financial responsibility documents required under 7:lE-4.4
or Appendix B.
C. Financial Responsibility requirements <7:lE-4.4);
Requires demonstration of financial responsibility for cleanup and
removal activities via self-insurance, guarantee, insurance or risk-retention
coverage, surety bond, or letter of credit (7:lE-4.4(d));
Identifies per occurrence and annual coverage amounts, but does not limit
the liability of the owner/operator;
Limited time periods given to obtain alternative financial assurance in the
event of coverage cancellation.
A-3
May 1998
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SPILL COMPENSATION AND CONTROL TAX
N.J.S.A. 58:10-23.11. et. seq.
Summary
The Spill Compensation and Control Act protects the citizens of New Jersey from the adverse
effects that may result from spills of petroleum products or other hazardous substances. The Act
authorizes the State to levy a tax on the transfer of hazardous substances. The monies generated by
the tax are credited to the New Jersey Spiil Compensation Fund, which was established by the
legislature to ensure compensation for cleanup costs and damages when spills occur.
The Spill Compensation and Control Tax is imposed on the transfer of petroleum products
and other "hazardous substances," as defined by law, within New Jersey. Hazardous substances are
taxed only at the point of the first transfer; subsequent transfers (referred to as "secondary transfers")
are exempt from further taxation.
A facility may be subject to the tax even if it is not required to prepare discharge, prevention,
containment and countermeasure (DPCC) or discharge cleanup and removal (OCR) plans.
Please note that the Spill Compensation and Control Tax is administered by New Jersey's
Division of Taxation and not NJ DEP.
Key Reporting Dates
Form SCC-1 (Application for Registration) must be filed within 20 days of receiving any
taxable transfer of a hazardous substance.
Forms SCC-5 (Spill Compensation and Control Tax Return) and SCC-6 (Public Storage
Terminal Informational Tax Return) must be filed on or before the 20th of each month for the
previous month's activities.
Using the Flow Chart
This flow chart is intended to assist the reader in determining whether and how the Spill
Compensation and Control Tax applies to a specific facility. It is assumed that a facility using this
flow chart would be newly subject to the SCC Tax, and therefore would not have previously
submitted any prior notifications to NJ Division of Taxation.
May 1998
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By starting at the top left comer of the chart and carefully deciding the appropriate response
to each subsequent question, the reader can determine a facility's necessary action(s) for compliance
with this law. Readers are strongly encouraged; to use this flow chart in conjunction with the full
textof the statute as published in the New Jersey Statutes Annotated fN.J.S.A.). The chart is not a
suitable substitute for referring to the statute directly, and interpretations of the statute made on the
basis of this chart are the sole responsibility of facility representatives.
Every effort has been made to ensure the
any discrepancy between the chart and the statute
accuracy of the flow chart; however, in the case of
, the statute prevails. Please note the date the flow
chart and attachments were prepared or last updated, indicated at the bottom of this page and on the
flow chart. It is the reader's responsibility to determine whether there have been any changes in
applicability of this statute since this date.
Contacts
To obtain Spill Compensation and Control Tax forms, contact:
New Jersey Division of Taxation
Excise Tax Group
P.O. Box 269
Trenton, NJ 08646-0269
Arm: Thomasena Burnette
(609)984-7171
For questions on whether your facility is subject to the Spill Compensation and Control Tax,
contact:
New Jersey Division of Taxation
Tax Services Branch
P.O. Box 269
Trenton, NJ 08646-0269
Attn: Arthur J. Guenther
(609) 292-5994
Other Compliance Assistance Resources
Technical Bulletin TB-16. New Jersey Division of Taxation. Issued March 1, 1995.
Contact the New Jersey Division of Taxation, 609-984-7171.
May 1998
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APPLICABILITY FLOW CHART
SPILL COMPENSATION AND CONTROL TAX
N.J.S.A. 58:10-23.11, et. seq.
Note: Terms in quotations are defined in section A of Attachment (or N.J.S.A. 58:10-23. ll(b))
Is your facility a "major
facility"?
(N.J.S.A. 58:10-23.11, et. seq.)
No
Yes
Does your facility receive a
transfer of "petroleum products"
or "hazardous substances"?
(N.J.S.A. 58:10-23.H(b);
N.J.A.C. 7:IE, Appendix A)
Yes
Company subject to Spill
Compensation and Control
Tax. Complete and file
Form SCC-1, Application
for Registration, with NJ
Division of Taxation.
(see Section B of
Attachment for tax rates)
No
Does your company own
petroleum products or non-
petroleum hazardous substances
which are transferred to a major
facility operating as a "public
storage terminal"?
Yes
No
Does your facility transfer
previously untaxed non-
petroleum hazardous substances
to a non-major facility?
Yes
No
Facility not subject to Spill
Compensation and Control Tax.
File Form SCC-7, Certificate of
Non-Liability, with NJ Division
of Taxation.
Complete Form SCC-6, Public
Storage Terminal Informational
Tax Return, for all transfers of
petroleum and hazardous substances
to your terminal. Submit by "tax
due date."
Yes
Is your facility a public
storage terminal?
No
Obtain completed Form(s) SCC-2,
Secondary Transfer Certificate,
from each transferor of each
petroleum or hazardous substance(s)
certifying that tax has been paid, if
tax previously paid.
Complete Form SCC-5, Spill
Compensation and Control Tax, for
"taxable period" and submit by "tax
due date" to the NJ Division of
Taxation regardless of whether a tax
liability has been incurred for the
month.
May 1998
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ATTACHMENT
DEFINITIONS AND CONVERSIONS FOR NEW JERSEY'S SPILL COMPENSATION
AND CONTROL TAX
NJ.S.A. 58:10-23.11, et. seq.
A.
Definitions f58:10-23.1 Kb))
"Hazardous substances" means such elements and compounds, including petroleum products as
defined in Subsection k of NJ.S.A. 58:10-23.1 Ib. The list of hazardous substances may be found
at N.J.A.C. 7: IE-Appendix A.
A "major facility" is any structure, including but not limited to any refinery, storage or transfer
terminal, deep-water port, or drilling platform that is used to refine, produce, store, handle, transfer,
process or transport hazardous substances, as defined by the Act, and which has a total combined
storage capacity of 200,000 gallons or more for hazardous substances of all kinds, including
petroleum products, or 20,000 gallons or more for nonpetroleum hazardous substances.
"Petroleum and petroleum products" include, but are not limited to oil, petroleum, gasoline,
kerosene, fuel oil, oil sludge, oil mixed with other wastes and crude oil. Any compound designated
by specific chemical name to the list of hazardous substances is not considered petroleum or
petroleum product for purposes of the Spill Compensation and Control Tax.
A "public storage terminal" means a public or privately owned major facility which is engaged
in the business of providing storage space to the general public and for the exclusive storage of
hazardous substances owned by others.
"Storage capacity" is the total combined storage capacity dedicated to. used for or intended to be
used for the storage of hazardous substances of all kinds.
"Tax due date" is the 20th day of the month following the close of the tax period.
"Taxable period" means that period commencing with the first day of the calendar month and
ending with the last day of said month.
A-l
May 1998
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B. Tax Rates
The tax rates for all taxable hazardous substance transfers are:
1) Petroleum Products:
2) Nonpetroleum Hazardous Substances:
3) Precious Metals
or Elemental Phosphorus:
S0.0150 per barrel
Greater of: SO.OlSOper barrel or
1 % of fair market value plus
S0.0025 per barrel
SO.OlSOper barrel
C. Conversions
Solid equivalent of 20,000 gallons is 167,043 pounds.
One barrel equals 350.79 pounds or 42 gallons.
A-2
May 1998
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NEW JERSEY CHEMICAL INDUSTRY PROJECT
BIBLIOGRAPHY OF COMPLIANCE ASSISTANCE RESOURCES
(Materials are available free of charge unless noted otherwise)
INTRODUCTION
This bibliography provides a list of resources that may assist facilities in complying with
New Jersey and Federal environmental regulations. The documents listed, which have been prepared
by trade associations and state and federal environmental agencies, are divided into the following
categories:
Air
Emergency Planning, Release Prevention and Community Right to Know
Hazardous Waste
Pesticides
Pollution Prevention
Toxic Substances
Water
EPA Compliance Assistance Centers
Other Resources
- Compliance Dates
- Community Outreach
- Multi-media Resources
- Small Business Resources
- New Jersey Chemical Industry Project
- NJ DEP Bulletin Board System
- NJ DEP World Wide Web Site
- Occupational Health and Safety
- Product Stewardship
While the resources provided below are intended to help facilities comply with regulations,
their accuracy and completeness cannot be guaranteed and readers are strongly urged to use these
materials in conjunction with the full text of the regulations as published in the New Jersey
Administrative Code (N.J.A.C.) or the Code of Federal Regulations, as appropriate. Furthermore,
the resources should not be considered as substitutes for referring to a regulation directly, and
interpretations of regulations based on information in these documents are the sole responsibility of
facility representatives.
U.S. EPA Headquarters Library
Mail code 3201
1200 Pennsylvania Avenue NW
Washington DC 20460
May 1998
Introduction
-------
Please note the date that each of these documents was prepared or last updated. It is the
reader's responsibility to determine whether there have been any subsequent changes in the
regulations that may affect the accuracy of the information presented in them.
This bibliography of compliance assistance resources was prepared jointly by representatives
ofNJ DEP, EPA, and participants in the NJ Chemical Industry Project. NJ DEP has neither
reviewed nor does it specifically sanction the use of any of the non-NJ DEP resources listed. The
purpose of these resources is to aid the regulated community in understanding and complying
with certain federal and state environmental regulations. These materials are not an official
interpretation by NJ DEP of the laws and\ regulations of the state of NJ or the federal
government.
.Wav 1998
Introduction
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AIR
New Jersey Regulations
Batch Plant Production Permitting Procedure. Technical Manual 1301, Level 3. Air Quality
Regulation Program Bureau of New Source Review. NJ Department of Environmental
Protection and Energy. May, 1993.
This manual was developed in 1993 by the Bureau of New Source Review to assist
prospective applicants in preparing their Batch Production Plant permit applications. It defines
procedural and substantive requirements for the completion of an application for a class or category
of permits as well as for their review. The manual should be used as a reference guide.
To order: Contact Max Eslambolchi at 800-441-0065 or 609-292-6716 to obtain the manual
or up to date application forms.
Federal Regulations
Basic Awareness Factsheetfor Small Businesses Clean Air Act Section 212(r): Prevention of
Accidental Releases. US EPA. April, 1998.
A description of the Risk Management Program that must be in place by June 20, 1999. It
discusses how to determine if you are covered, what you must do to comply and why the Program
is required. The final page lists sources for additional help.
To order: Contact US EPA Office of the Small Business Ombudsman, 800-368-5888.
Order number: OASBO1-30.
The Clean Air Act Amendments of 1990 - A Guide for Small Businesses. US EPA. September,
1992.
This guide is designed to provide small businesses, small business associations, and other
interested persons with a broad overview of the Act's major requirements, and the effects these are
likely to have on the small business community. It describes the Act's major objectives, details six
provisions that most directly affect the small business community, and it highlights the various state
assistance programs that will be developed to help small businesses comply.
To order: Contact US EPA Office of the Small Business Ombudsman, 800-368-5888.
Order number: OASBO 1-36.
Clean Air Act Compliance Workshop Manual. Synthetic Organic Chemical Manufacturers
Association.
This manual includes the October 1994 workshop presentations introducing and explaining
new compliance requirements under the Clean Air Act Amendments of 1990 from the perspective
of the batch/custom chemical manufacturer. The presentations include the following:
-Title V permitting and enhanced monitoring
-State program submission -Determining "potential to emit" and how to be a minor source
-Air Toxics Control Technology Standards (i.e., MACT)
-HON and batch processors
May 1998
Air
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-General provisions
-Control Technique Guidelines tor Batch Processors
-Non-SOCMI MACT -- what the future holds
-Case-by-case MACT determinations
-Accidental Release
The information will assist facilities in ideitifying the rules and particular provisions that will
apply to facilities and how facilities should begin preparing for compliance.
To order: Contact SOCMA. 202-721-4100. Catalog Number: GR15. Cost: S49 for
members and $98 for non-members. Order forms can be obtained from the web at
http ://ww w.socma.com
The Clean Air Act Potential To Emit Guidance Step-by-Step Guide on Calculating Potential
Emissions from Batch Processes. Synthetic Organic Chemical Manufacturers Association.
This guide describes a methodology that assists facilities in performing the necessary
calculations to determine if they are major sourc
es of emissions under the Clean Air Act.
Applicability of most of the Clean Air Act's rules are based on a source's potential emissions.
The thresholds for the various rules differ; however, most are based on potential, rather than actual.
emissions. Sources must calculate their potential emissions to determine the applicability of these
rules. Some permitting authorities require sources to assume 24-hours-a-day, seven-days-a-week
operations to calculate potential to emit. Because many batch facilities use the same equipment to
manufacture a variety of products in a given year, it is physically impossible for them to produce all
of these products on the 24-hours-a-day, sev^n-days-a-week basis. SOCMA's methodology
addresses this issue by basing the calculation o i equipment utilization rates for each product or
process and their relationship to one another. The methodology begins with the largest emitting
product/process and methodically rules out other processes that cannot be manufactured at the same
time.
To order: Contact SOCMA, 202-721-4100. Catalog Number: GRO6. Cost: $35 for
members and S70 for non-members. Order forms can be obtained from the web at
http://www.socma.com
Guide to Clean Air Act Permitting. Synthetic Organic Chemical Manufacturers Association.
This summary document explains the general requirements of the Title V Clean Air Act
Operating Permit rule. The Clean Air Act Amendments of 1990 require facilities that are considered
major sources of regulated air emissions to apply for an operating permit. This permit must include
ail applicable requirements related to controlling air emissions for that source.
This publication, prepared in coordination with the Environmental Protection Agency (EPA)
and the Center for Hazardous Materials Research (CHMR), provides explanatory summaries of the
Part 70 operating permit program and a description of two state programs (Pennsylvania and Texas).
The EPA rule describes the minimum requirements for a state (local) permitting program. The states
are free to include additional requirements, so the program requirements will vary among states. The
two state program summaries illustrate typical requirements to assist facilities in the preparation of
their own permit applications.
May 1998
Air
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To order: Contact SOCMA. 202-721-4100. Catalog Number: GRO5. Cost: $79 tor
members and 5158 for non-rnembers for Part 70. Pennsylvania summary, and Texas summary.
Order forms can be obtained from the web at http://www.socma.com
Guidelines for Implementation of Section 507 of the 1990 Clean Air Act Amendments Final
Guidelines. US EPA. 1992.
This section of the Clean Air Act Amendments provides guidance to the States on the
adoption of a Small Business Stationary Source Technical and Environmental Compliance
Assistance Program, and on submitting an acceptable State implementation plan (SIP). Program
components include methods for disseminating technical and compliance information, assistance on
methods of pollution prevention and accidental release prevention and detection, compliance
assistance for determining applicability requirements, establishment of an audit program, procedures
for considering requests for modification of work practices, and forming State compliance advisory
panels.
To order: Contact US EPA Office of the Small Business Ombudsman, 800-368-5888.
Order number: OASBO 1-35.
Hazardous Organic National Emissions Standard for Hazardous Air Pollutants (HON) Summary
of Key Requirements. Synthetic Organic Chemical Manufacturers Association.
This publication summarizes the major components of the 1994 final Hazardous Organic
National Emissions Standard for Hazardous Air Pollutants (HON), which establishes control
technology standards for toxic air emissions from a large segment of the Synthetic Organic Chemical
Manufacturing Industry (SOCMD. The rule also establishes equipment leaks standards for SOCMI
and six other industrial processes. The document summarizes the rule's prescribed control standards
for emission points of a chemical manufacturing process unit, including: process vents, transfer
operations, storage vessels, wastewater, and equipment leaks. It also covers the alternative
compliance method of emissions averaging. Affected facilities must be in compliance with the
standards by April 1997 and file initial notifications and implementation plans prior to this time.
This publication is in an easy-to-read format for determining applicability and compliance
requirements.
To order: Contact SOCMA, 202-721-4100. Catalog Number: GR14. Cost: $49 for
members and $98 for non-members. Order forms can be obtained from the web at
http://www.socnia.com
What a Small Business Should Know about the New Clean Air Act. US EPA. November, 1993.
A brief fact sheet that describes conditions under which a small business could be subject to
controls, and brief descriptions of the seven major air programs that affect them: ground level ozone,
toxic air pollutants, accidental release of hazardous chemicals, protecting the upper ozone layer, fleet
vehicle controls, private service garages, and the Title V operating permit program. A listing of
sources for small business help is also provided.
To order: Contact US EPA Office of the Small Business Ombudsman, 800-368-5888.
Order number: 180-F-93-001.
May 1998
Air
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EMERGENCY PLANNING. RELEASE PREVENTION AND COMMUNITY
RIGHT TO KNOW ;
New Jersey Regulations
1996 Community Right To Know Survey and Instruction Guide. NJ DEP.
Instructions and a reference guide for completing the survey, as well as the survey itself. The
document includes information on who needs to' report, what must be reported, and other general
requirements for reporting. It also includes answers to frequently asked questions. The instruction
guide is updated and issued on an annual basis.
To order: Contact NJ DEP Bureau of Chemical Release Information and Prevention, 609-
292-6714.
Bureau of Release Prevention Background Document for Toxic Catastrophe Prevention Act
Program Risk Assessment. NJ DEP: September, 1994.
To order: Contact NJ DEP Bureau of Chemical Release Information and Prevention, 609-
292-6714.
Bureau of Release Prevention Extraordinarily Hazardous Substance Basic Data Document.
NJ DEP. July 19,1993.
To order: Contact NJ DEP Bureau of Cfiemical Release Information and Prevention,
609-292-6714. '.
Bureau of Release Prevention Guidance for Facility Identification in Compliance with NJAC
7:31-1.5, 2.5(e) and 2.16(m), the TCPA Program. NJ DEP. November 1,1993.
To order: Contact NJ DEP Bureau of Chemical Release Information and Prevention,
609-292-6714.
Bureau of Release Prevention Interim Guidance on Dispersion Models for TCPA Risk
Assessment. NJDEP. March 1995.
To order: Contact NJ DEP Bureau of Chemical Release Information and Prevention,
609-292-6714.
Dispersion Modeling Guidance. NJ DEP. March, 1995.
To order: Contact NJ DEP Bureau of Chemical Release Information and Prevention, 609-
292-6714.
1998
Emergency Planning, Release Prevention
and Community Right to Know
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Guidance for \'ew Extraordinarily Hazardous Substance (EHS) Facilities for Compliance with
the TCPA Program. NJ DEP. August 26, 1993.
To order: Contact NJ DEP Bureau of Chemical Release Information and Prevention. 609-
292-6714.
Major Provisions of Right to Know Labeling, New Jersey Worker and Community Right to Know
Act. New Jersey Department of Health. January, 1995.
This pamphlet presents an overview of labeling requirements under the New Jersey Worker
and Community Right to Know Act, including examples of items that need to be labeled and those
that do not.
To obtain: Contact the New Jersey Department of Health. 609-984-2202.
New Jersey Administrative Code. Title 8: Department of Health. Chapter 59: Worker and
Community Right to Know Act.
This chapter of the New Jersey Administrative Code contains the Worker and Community
Right to Know Act rules.
To order: Contact Right to Know Program, New Jersey Department of Health. 609-984-
2202.
New Jersey Release and Pollution Prevention Report (RPPR or DEQ-114), Revised 1996
Instructions. NJ DEP, Bureau of Chemical Release Information and Prevention, and the
Office of Pollution Prevention and Environmental Assistance. April, 1997.
This booklet provides instructions and a reference guide for facilities completing the New
Jersey Release and Pollution Prevention Report (DEQ-114). Instructions are included on completing
Section A (general facility information). Section B (facility-level, substance-specific materials
accounting information), Section C (facility-level, substance-specific pollution prevention progress
information) and Section D (process-level pollution prevention progress information) of the report.
To determine applicability for DEQ-114, the instructions refer the reader to the flow chart included
in the Toxic Chemical Release Inventory Reporting Form (Form R) instructions. NJ DEP updates
the DEQ-114 instructions on an annual basis.
To order: Contact NJ DEP Bureau of Chemical Release Information and Prevention, 609-
292-6714.
Source Document for Risk Assessment in Compliance with NJAC 7:31-1 et seq., the TCPA
program - Acute Toxicity Concentration Data; Likelihood/Frequency Data. NJ DEP. April 5,
1993.
To order: Contact NJ DEP Bureau of Chemical Release Information and Prevention. 609-
292-6714.
Mav 1998
Emergency Planning, Release Prevention
and Community Right to Know
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Toxic Catastrophe Prevention Act, Readoption ifith amendments. NJAC 7:31'1 et seq, June 18.
1993, Readoption and July 19,1993. Amendments.
To order: Contact NJ DEP Bureau of Chemical Release Information and Prevention.
609-292-6714.
Federal Regulations
40 CFR Part 68: Accidental Release Prevention and Risk Management Programs for Chemical
Accidental Release Prevention. US EPA. As of January 6,1998.
This package includes Risk Management Plan requirements, as well as a list of regulated
substances with thresholds.
To order: Contact US EPA Office of the Small Business Ombudsman, 800-368-5888.
Order number: OASBO 1-30.
This package also contains the following requirements:
Factsheet: Chemical Accident Prevention and the Clean Air Act Amendments of 1990.
US EPA.
This factsheet summarizes the basic requirements which facilities must comply with under
Clean Air Act 112(r). It lists the elements of the program, which facilities are affected by the
program, and when these facilities must comply.
Excerpts
Factsheet: Clean Air Act 112(r);
This factsheet includes relevant statutory
of the list of substances and
from the Statute. US EPA.
ftxcerpts, definitions of key terms, and an overview
their corresponding threshold quantities.
Factsheet: List of Substances for Accidental Release Prevention: Clean Air Act 112
(r). US EPA. '
This factsheet provides an overview of wfhich chemicals were incorporated into the List of
Substances for Accidental Release Prevention that was published in the January 31, 1994
Federal Register (59 FR 4478).
Factsheet: Risk Management Planning: Accidental Release Prevention Final Rule;
Clean Air Act 112 (r). US EPA.
This factsheet outlines major elements of the Risk Management Plan (RMP), which facilities
must comply with these elements, and the links between RMP Clean Air Act requirements
and OSHA Process Safety Management Standards.
Mav 1998
Emergency Planning, Release Prevention
and Community Right to Know
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Risk Management Plan Data Elements -- Instructions. US EPA.
This document assists owners and operators of facilities that are subject to the Clean Air Act
112(r) Risk Management Plan requirements in developing concise and complete risk
management plans and executive summaries. It provides descriptions of each data element
that should be included in a risk management plan that would be submitted to EPA.
Risk Management Plan Data Elements: May 1996 Version. US EPA.
The Clean Air Act Section 112(r) Risk Management Program regulations will require certain
facilities with regulated substances to submit risk management plans. This document serves
as final guidance describing the types of information that EPA would like submitted in a risk
management plan.
Risk Management Program for Accidental Release Prevention. US EPA. Jan. 6, 1998.
EPA announced regulations applicable to all stationary sources with processes that contain
more than a threshold quantity of a regulated substance that are intended to prevent
accidental releases and reduce the severity of those that do occur. Processes are divided into
three categories based on the potential for off-site consequences associated with a worst-case
accidental release, accident history, or compliance with OSHA's process safety management
standard.
40 CFR Parts 300 and 355: Extremely Hazardous Substances List and Threshold Planning
Quantities: Emergency Planning and Release Notification Requirements. US EPA. April 22,
1987 (52 FR 13378).
This final rule contains the list of extremely hazardous substances (EHSs) and their
corresponding threshold planning quantities (TPQs), as required under Section 302 of the Emergency
Planning Community Right-to-Know Act (EPCRA). This rulemaking also includes emergency
planning and emergency release reporting requirements pertaining to Section 302 and Section 304
of EPCRA.
To order: Contact US EPA Office of the Small Business Ombudsman, 800-368-5888.
Order number: OASBO K-30.
Chemicals in Your Community: A Guide to the Emergency Planning and Community Right-to-
Know Act. US EPA.
This brochure provides an overview of the goals and structure of the Emergency Planning
Community Right-to-Know Act (EPCRA). It outlines the key provisions associated with each
section of EPCRA, a summary of the types of chemicals that are regulated under the law, and
information about how local, state, and federal agencies work together in program implementation.
To order: Contact US EPA Office of the Small Business Ombudsman, 800-368-5888.
Order number: OASBO K-40.
May 1998
Emergency Plaining, Release Prevention
and Community Right to Know
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Community Right-to-Know and Small Businesses, Understanding Sections 311 and 312 of the
Emergency Planning and Community Right~to->Know Act of 1986. US EPA.
This brochure contains information to assist small businesses in determining if they need to
report chemical inventory' information to state and local officials in order to comply with the
provisions set forth in Section 311 and Section 312 of the Emergency Planning and Community
Right-to-Know Act (EPCRA). It includes an overview of the applicability of these requirements to
various facilities and chemicals, and a section with answers to basic questions regarding reporting
requirements.
To order: Contact US EPA Office of toe Small Business Ombudsman, 800-368-5888.
Order number: OASBO K-32.
Toxic Chemical Release Inventory Reporting Form R and Instructions, Revised 1996 Version.
US EPA. May, 1997.
This document provides instructions for completing Section 313 of the Federal Emergency
Planning and Community Right-to-Know Act. It includes a flow chart to determine if Section 313
requirements apply to a facility (Figure 1). EPA updates these instructions on an annual basis.
To order: Contact US EPA Office of the Small Business Ombudsman, 800-368-5888.
Order number: OASBO K-45.
Ma\ 1998
10
Emergency Planning, Release Prevention
and Community Right to Know
-------
HAZARDOUS WASTE
New Jersey Regulations
Hazardous Waste Welcome Wagon. NJ DEP.
This compilation of materials, which NJ DEP gives to all newly regulated hazardous waste
generators, provides information on the New Jersey hazardous waste regulations. The document
includes such items as EPA Hazardous Waste regulations (which have been adopted by New Jersey),
a summary of recent changes to the New Jersey and Federal hazardous waste regulations, a waste
assessment checklist for generators, and lists of commercial hazardous waste facilities and trade
associations and professional organizations.
To order: Contact appropriate regional NJ DEP Waste Compliance and Enforcement Office,
as provided below.
Northern Region: 973-299-7592. Includes Hunterdon. Morris, Passaic, Somerset,
Sussex and Warren counties.
Metropolitan Region: 201-669-3900. Includes Bergen, Essex and Hudson
counties.
Central Region: 609-584-4250. Includes Mercer, Middlesex, Monmouth, Ocean
and Union counties.
Southern Region: 609-968-2601. Includes Atlantic, Burlington, Camden, Cape
May, Cumberland, Gloucester and Salem counties.
Federal Regulations
Business Guide for Reducing Solid Waste. US EPA. November, 1993.
To order: Contact US EPA Office of the Small Business Ombudsman, 800-368-5888. Order
number: OASBOC-84.
Understanding the Hazardous Waste Rules - A Handbook for Small Businesses. US EPA. 1996
Update.
This handbook is designed to give small business owners and operators an overview of the
federal hazardous waste management regulations. It contains sections on determining whether the
hazardous waste regulations apply to you, definitions of hazardous waste, requirements for small
quantity generators, managing hazardous waste on site, shipping waste off site, and a summary of
the requirements for large quantity generators.
Mav 1998
11
Hazardous Waste
-------
Material related to specific industries is as follows:
Industry
Chemical Manufacturers
Cleaning and Cosmetics
Construction
Drycleaning and Laundry
Educational and Vocational Shops
Equipment Repair
Formulators
Furniture/Wood Manufacturing/Refinis ling
Laboratories
Leather Products Manufacturing
Metal Manufacturing
Motor Freight Terminals/Railroad
Paper Industry
Pesticide End-Users/Application Services
Printing and Allied Industries
Textile Manufacturing
Vehicle Maintenance
Wood Preserving
Order Number
C-18
C-27
c-:o
C-12
C-22
C-14
C-26
C-13
C-23
C-28
C-24
C-21
C-25
C-19
C-17
C-15
c-u
C-16
To Order: Contact U.S. EPA Office of Sfnall Business Ombudsman, 800-368-5888, Order
Number: OASBOC-10.
Mav 1998
12
Hazardous Waste
-------
PESTICIDES
Pesticide Applicator/Business Training Course. NJ DEP.
This is a bi-weekly training course given by senior DEP inspectors involved in regulating
pesticide use. The purpose is to teach pesticide applicators all requirements pertaining to their
particular type of pesticide use.
For more information: Contact DEP's Pesticide Control Program at 609-984-6937 or 609-
984-6568.
Mav 1998
13
Pesticides
-------
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POLLUTION PREVENTION
New Jersey Regulations
Industrial Pollution Prevention Planning: Meeting Requirements Under the New Jersey Pollution
Prevention Act. Second Edition. NJ DEP, Office of Pollution Prevention. September, 1995.
Defines and summarizes 12 steps to a successful Pollution Prevention (P2) Program. Follows
progress of a fictitious company as it develops a P2 Plan and Program. Aimed at helping facilities
find pollution prevention opportunities and includes information and guidance to help those
preparing a P2 Plan comply with New Jersey regulations. Appendix C contains a list of P2
resources.
To order: Contact NJ DEP's Office of Pollution Prevention and Permit Coordination, 609-
292-3600.
New Jersey Release and Pollution Prevention Report (RPPR or DEQ-H4), Revised 1996
Instructions. NJ DEP, Bureau of Chemical Release Information and Prevention, and the Office
of Pollution Prevention and Environmental Assistance. April, 1997.
This booklet provides instructions and a reference guide for facilities completing the New
Jersey Release and Pollution Prevention Report (DEQ-114). Instructions are included on completing
Section A (general facility information), Section B (facility-level, substance-specific materials
accounting information), Section C (facility-level, substance-specific pollution prevention progress
information) and Section D (process-level pollution prevention progress information) of the report.
To determine applicability for DEQ-114, the instructions refer the reader to the flow chart included
in the Toxic Chemical Release Inventory Reporting Form (Form R) instructions. NJ DEP updates
the DEQ-114 instructions on an annual basis.
To order: Contact NJ DEP Bureau of Chemical Release Information and Prevention, 609-
292-6714.
Permit Identification Form. Office of Permit Coordination and Pollution Prevention. NJ DEP.
April, 1997.
This updated Permit Identification Form supports the new Office of Pollution Prevention and
Permit Coordination (P2PC) which is now open for business in New Jersey. P2PC offers a "single
point of entry process," an important new initiative that provides more direction and assistance to
applicants for major new development projects. Under this approach, DEP assigns a project manager
who guides a facility through the permitting process. This form serves as an application to this
program.
May 1998
14
Pollution Prevention
-------
To order: Contact NJ DEP's Office of Pollution Prevention and Permit Coordination. 609-
292-3600.
Federal Regulations
Facility Pollution Prevention Guide. US EPA Office of Solid Waste. May, 1992.
This guide is intended to help small and medium-sized production facilities develop broad-
based, multimedia pollution prevention programs. It describes how to identify, assess, and
implement opportunities for preventing pollution and how to stimulate the ongoing search for such
opportunities.
To order: Contact US EPA's National Center for Environmental Publications and
Information, 800-490-9198. Order number: 600-R-92-088.
Mav 1998
15
Pollution Prevention
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TOXIC SUBSTANCES
Federal Regulations
TSCA Compliance Fundamentals. Synthetic Organic Chemical Manufacturers Association.
This one-and-a-half-day regional workshop is designed to help small- and medium-sized
companies to better understand the Toxic Substances Control Act (TSCA) and its basic reporting
requirements. Topics addressed include the TSCA inventory, Premanufacture Notification.
enforcement, Section 8 reporting, recordkeeping and Canadian chemical regulations. These
workshops are excellent opportunities for facility employees {including TSCA beginners at large
companies) to learn about TSCA and possibly avoid costly TSCA violations.
To order: Contact SOCMA, 202-721-4100. Catalog Number: GR20 (workshop), GR21
(manual). Cost of Workshop: $300 for members and non-members. Cost of Manual: $49 for
members, $98 for non-members. Order forms can be obtained from the web at
http ://w ww.socma.com
TSCA Manual and Checklists. Synthetic Organic Chemical Manufacturers Association.
This publication may assist facilities in complying with the Toxic Substances Control Act
(TSCA), and includes information to help prepare written programs for compliance with TSCA.
Included in the manual are section-by-section summaries of the Act along with checklists to assist
facilities conducting TSCA audits. The publication also includes an appendix with sources of TSCA
information, as well as a list of TSCA guidance documents collected by SOCMA.
To order: Contact SOCMA, 202-721-4100. Catalog Number: GR22, GR22D (disk only).
Cost of Manual: $49 for members, $98 for Non-members. Cost of Disk: $39 for members. Order
forms can be obtained from the web at http://www.socma.com
User's Guide - SOCMA's Search Engine for EPA's Chemicals on Reporting Rules (CORR)
Database. Synthetic Organic Chemical Manufacturers Association.
The EPA's CORR Database contains information on chemical substances, categories, and
mixtures regulated under the Toxic Substances Control Act (TSCA) and Section 313 of the
Emergency Planning and Community Right-to-Know Act (EPCRA). This includes CAS numbers,
chemical names, and PMN numbers. All CORR entries have been the subject of proposed or final
rules issued in the Federal Register by EPA's office of Pollution Prevention and Toxics (OPPT).
The SOCMA website provides a direct link to the CORR database to enable members to download
the data to their individual computers.
To access the database: The CORR database can be accessed through:
http://www.socma.cont/library/corriibrary.html
Mav 1998
16
Toxic Substances
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WATER
New Jersey Regulations
Discharge Monitoring Report Instruction Manual. New Jersey Department of
Environmental Protection and Energy. Revised December, 1993.
This manual provides a summary of New Jersey Pollution Discharge Elimination System
(NJPDES) program objectives, information and instructions for establishing a NJPDES self-
monitoring program, and instructions for completing Discharge Monitoring Reports, which are
required to be submitted by all NJPDES permittees.
To order: Contact the appropriate regional NJ DEP Water Compliance and Enforcement
Office, as indicated below.
Central Region: 609-584-4200. Includes Mdcer, Middlesex, Monmouth, Ocean
and Union counties.
Northern Region: 973-299-7592. Includes Bergen, Essex, Hudson, Hunterdon,
Morris, Passaic, Somerset, Sussex and Warren counties.
Southern Region: 609-968-2640. Includes Atlantic, Burlington, Camden, Cape
May, Cumberland, Gloucester and Salem counties.
Federal Regulations
General Pretreatment Regulations for Existing and New Sources of Pollution, US EPA.
July, 1994.
General Guidance on Waste Discharges Into Publicly Owned Treatment Works.
To order: Contact US EPA Office of the Small Business Ombudsman, 800-368-5888.
Order number: OASBOG-7
SOCMA's Multimedia Wastewater Rules Compliance Tool. Synthetic Organic Chemical
Manufacturers Association.
Because the Synthetic Organic Chemical Manufacturing Industry (SOCMI) is under a
regulatory umbrella related to the collection, treatment and discharge of industrial wastewater,
SOCMA has developed a "Guide to Compliance with Multimedia Wastewater Regulations for the
Synthetic Organic Chemicals Manufacturing Industry." This compliance tool focuses on
determination of the applicability of five rules and includes a discussion of general technical
requirements which may apply to a facility, process unit and/or waste stream that is affected by the
regulation and the treatment standards to be met.
May 1998
17
Water
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To order: Contact SOCMA. 202-721-4100. Catalog Number; GR08. Cost: S99 for
members. 5249 for non-members. Order forms can be obtained from the web at
http://www.socma.com
Mav 1998
18
Water
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EPA COMPLIANCE CENTERS
EPA has created sector-based compliance assistance centers. The centers provide summaries of
federal regulations, guidance materials, searchable databases of technologies and case studies.
and multi-media checklists. All of the centers may be accessed through the Internet, and most can
be accessed via telephone.
All Compliance Assistance Centers
General Information: US EPA, 202-564-7066
Website Access to all Centers: http://www.epa.gov/envirosense/oeca/mfcac.html
Individual Compliance Assistance Centers
Printing: 1-888-USPNEAC (phone); http://www.pneac.org (website)
Auto Service and Repair: 1-888-GRN-LINK (phone); http://www.ccar-greenlink.org
(website)
Agriculture: http://es.epa.gov/oeca/ag/index.html (website)
Metal Finishing: 1-800-AT-NMFRC (phone); http://www.nmfrc.org (website)
Ma\ 1998
19
EPA Compliance Assistance Centers
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OTHER RESOURCES
Compliance Dates
SOCMA 's Regulatory Calendar. Synthetic Organic Chemical Manufacturers Association.
This publication chronologically lists date-related compliance requirements promulgated
under the following statutes that affect the chemical industry:
Clean Air Act
Clean Water Act
Comprehensive Environmental Response. Compensation, and Liability Act (as
amended by the Superfund Amendments and Reauthorization Act)
Emergency Planning and Community Right-to-Know Act
Occupational Safety and Health Act
Resource Conservation and Recovery Act
Safe Drinking Water Act
Toxic Substances Control Act
The calendar is updated quarterly, with additional months added to each update.
To order: Contact SOCMA. 202-414-4100. Catalog Number: GR27. Cost: 57.50 per
issue for members (first issue is free) and $25 per issue for non-members. Order forms can be
obtained from the web at http://www.socma.com
Community Outreach
Making it Easy: Community Outreach Ideas and Examples. National Association of
Chemical Distributors Educational Foundation.
Community outreach is an important component of business. This how-to guide shows
how various distributor companies have created and implemented successful community
outreach programs. Details about each outreach effort are included, such as the specific costs
involved with each program, and the who, what, when, where and how of each program.
To order: Contact NACD Educational Foundation. 703-527-6223.
Mav 1998
20
Other Resources
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Multi-media Resources
Audit Policy Update. US EPA. March. 1998.
Published periodically, this newsletter from the Office of Regulatory Enforcement
provides the public and regulated communities with information on current developments under
the EPA Audit policy. This issue discusses EPA's small business compliance incentives policy.
and has a table with points-of-contact in EPA Regions for audit policy relief.
To order: Contact US EPA Office of Compliance. 202-564-2280.
Compliance Assistance Tools. US EPA.
Developed by EPA's Office of Compliance, this booklet provides a brief outline of the
resources, points-of-contact and tools currently available (or under development) on how to
comply, pollution prevention approaches and innovative technologies for over a dozen industries.
To order: Contact US EPA Office of Compliance, 202-564-2280.
Environmental Compliance Checklist, NJ DEP Compliance Assistance Program.
NJ DEP's Greenstart program is a voluntary program to help small businesses and
municipalities understand and comply with environmental regulations. Under this program, staff
from NJ DEP's Compliance Assistance Program will visit a facility and review its operations and
applicable environmental requirements.
This document includes a checklist that NJ DEP will use to perform the review. Note
that the checklist does not cover every environmental requirement, but highlights major
requirements.
To order: Participants in the Greenstart program are automatically sent this checklist.
Other interested facilities may request it from NJ DEP's Office of Compliance Assistance, 609-
633-0727.
Environmental Management Systems - An Implementation Guide for Small and Medium-
Sized Organizations. US EPA. November, 1996.
This guide, designed primarily for EMS implementers, explains how to develop and
implement an effective EMS and how it can support an organization's mission and goals. The
guide uses the ISO 14001 Standard as a model for an EMS, although it is not intended for use by
registrars (or others) for registration purposes, nor is it intended to provide specific interpretation
of the ISO 14001 Standard.
To order: Contact US EPA Office of the Small Business Ombudsman, 800-368-5888.
Order number: OASBOB-12.
May 1998
21
Other Resources
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Federal Compliance and Regulatory Overview Training. National Association of Chemical
Distributors Educational Foundation. Instructor's Manual. Student Manual, and the
regulations. May, 1996. with update information from June. 1997.
This manual is for companies that use or handle chemicals. It is intended to be used as a
training resource for helping companies: understand safety, health and environmental regulations
that affect them: upgrade employee awareness of safety, health and environmental regulations;
and enhance their programs for the safe handling of chemicals.
To order: Contact NACD Educational Foundation, 703-527-6223.
Inspector's Multi-media Checklist. US EPA Region 2. Revised June 12,1996.
This checklist is designed to guide inspectors as they examine a facility.
To order: Contact EPA Region 2's Division of Enforcement and Compliance
Assistance, Multi-media Team. 212-637-3515.
Process-Based Self-Assessment Tool for the Organic Chemical Industry. US EPA.
This manual is intended to guide an industrial representative in conducting a comprehensive
environmental compliance assessment. The procedures and information included in the manual are
designed to provide the staff of small to medium sized chemical plants with a flexible and useful
reference tool.
To order: Contact US EPA, Office of Compliance, Chemical, Commercial Services and
Municipal Division, 202-564-7033.
Small Business Resources
Audit Policy Update. US EPA. March, 1998.,
Published periodically, this newsletter from the Office of Regulatory Enforcement provides
the public and regulated communities widi information on current developments under the EPA
Audit policy. This issue discusses EPA's small business compliance incentives policy, and has a
table with points-of-contact in EPA Regions for audit policy relief.
To order: Contact US EPA Office of Compliance. 202-564-2280.
Basic Awareness Factsheetfor Small Businesses - Clean Air Act Section 112(r): Prevention of
Accidental Releases. US EPA. April, 1998.
A description of the Risk Management Program that must be in place by June 20, 1999. It
discusses how to determine if you are covered, what you must do to comply and why the Program
is required. The final page lists sources for additional help.
To order: Contact US EPA Office of the Small Business Ombudsman, 800-368-5888.
Order number: OASBOI-30.
Afav 1998
Other Resources
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The Clean Air Act Amendments of 1990 .4 Guide for Small Businesses. US EPA. September.
1992.
This guide is designed to provide small businesses, small business associations, and other
interested persons with a broad overview of the Act's major requirements, and the effects these are
likely to have on the small business community. It describes the Act's major objectives, details six
provisions that most directly affect the small business community, and it highlights the various state
assistance programs that will be developed to help small businesses comply.
To order: Contact US EPA Office of the Small Business Ombudsman, 800-368-5888.
Order number: OASBO 1-36.
Environmental Management Systems An Implementation Guide for Small and Medium-Sized
Organizations. US EPA. November, 1996.
This guide, designed primarily for EMS implementers, explains how to develop and implement
an effective EMS and how it can support an organization's mission and goals. The guide uses the
ISO 14001 Standard as a model for an EMS. although it is not intended for use by registrars (or
others) for registration purposes, nor is it intended to provide specific interpretation of the ISO 14001
Standard.
To order: Contact US EPA Office of the Small Business Ombudsman, 800-368-5888.
Order number: OASBO B-12.
Information for Small Businesses. US EPA.
This publication is a list of over 250 resources that provide smaJl businesses with assistance
in complying with environmental regulations.
To order: Contact EPA's Office of the Small Business Ombudsman, 800-368-5888.
List of Sources to Help Small Chemical Manufacturers Understand Federal Environmental
Regulations. Office of Small Business Ombudsman. US EPA. March 20,1997.
This list includes 21 resources aimed at assisting small businesses understand federal
regulations. Resources cover RCRA, Clean Air Act, Community Right-to-Know, TRI, and
Stormwater regulations.
To order: Contact EPA's Office of the Small Business Ombudsman, 800-368-5888.
Managing Used Oil: Advice for Small Businesses. US EPA.
To order: Contact US EPA Office of the Small Business Ombudsman, 800-368-5888.
Order number: OASBO C-36.
New Jersey Business and Industry Association Website: http://www.njbia.org
Ma\ 1998
23
Other Resources
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New Jersey DEP Small Business Assistance Program Website:
http://www.state.nj.us/dep/aqm/sbap.htm
New Jersey Small Business Development Center Website: http;//www.n. j.com/njsbdc/
Project Ease Chemical Manufacturing. Great Lakes Rural Community Assistance Program.
A brief plain-English summary of aJl federal and state environmental regulations that are
relevant to chemical manufacturers in Ohio. This includes Clean Water. Clean Air. RCRA. EPCRA.
and Pollution Prevention requirements.
To order: Contact EPA's Office of the Small Business Ombudsman. 800-368-5888.
Refrigerant Oil Reclamation Guide. Small Business Pollution Prevention Center, University
of Northern Iowa. 1995.
This pamphlet presents an overv lew of h(bw used refrigeram oil is subject to EPA "Used Oil"
regulations. It also describes procedures for tre iting small quantities of used refrigerant oil.
To order: Contact Iowa Waste Reduction Center. University of Northern Iowa. 319-273-
2079.
Small Business Compliance Assistance Centers. US EPA, Spring 1988.
This brochure describes seven industry-specific centers (automotive, metal finishing, printers,
agriculture, printed wiring boards, transportation and chemical) designed to help medium and small-
sized businesses better understand and comply with federal environmental requirements. The centers
are operated in partnership with industry, academic institutions, environmental groups, and other
federal and state agencies. These centers also provide state and local officials with a way to exchange
information and keep posted on industry-specific pollution prevention and federal compliance
information.
To order: Contact US EPA Office of Compliance. 202-564-2280. Order number: 305-F-97-
7003.
Small Business Environmental Website: http://www.smallbiz-enviroweb.org
Small Business Ombudsman Update Newsletter. US EPA. January and July of each year.
Update on Recent Small Business
list of EPA and other compliance assistance
To order: Contact EPA's Office of the
Activities at US EPA. January 1997 newsletter contains
hotlines or help lines.
Small Business Ombudsman. 800-368-5888.
Mm 1998
24
Other Resources
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Understanding the Hazardous Waste Rules - A Handbook for Small Businesses. IS EPA. 1996
Update.
This handbook is designed to give small business owners and operators an overview of the
federal hazardous waste management regulations. It contains sections on determining whether the
hazardous waste regulations apply to you, definitions of hazardous waste, requirements for small
quantity generators, managing hazardous waste on site, shipping waste off site, and a summary of
the requirements for large quantity generators,
To order: Contact US EPA Office of the Small Business Ombudsman, 800-368-5888.
Order number: OASBO C-10.
US EPA Small Business Ombudsman Website: http://www.epa.gov/sbo
What a Small Business Should Know about the New Clean Air Act. US EPA. November, 1993.
A brief fact sheet that describes conditions under which a small business could be subject to
controls, and brief descriptions of the seven major air programs that affect them: ground level ozone.
toxic air pollutants, accidental release of hazardous chemicals, protecting the upper ozone layer, fleet
vehicle controls, private service garages, and the Title V operating permit program. A listing of
sources for small business help is also provided.
To order: Contact US EPA Office of the Small Business Ombudsman, 800-368-5888.
Order number: 180-F-93-001.
New Jersey Chemical Industry Project
Applicability Flowcharts. Current as of May, 1998. US EPA, New Jersey Chemical Industry
Project's Compliance Assistance Pilot Team.
These flow charts are designed to assist the user in determining whether and how select New
Jersey regulations apply to a specific facility. Applicability flow charts have been prepared for the
following regulations:
New Jersey Release and Pollution Prevention Report (Required by Worker and
Community Right-to-Know and Pollution Prevention Regulations)
Community Right to Know Survey (N.J.A.C. 7:1G)
Industrial Site Recovery Act (N.J.A.C. 7:26B)
Air Pollution Control Subchapter 8 Permits and Certificates for Minor Facilities
and Major Facilities without an Operating Permit (N.J.A.C. 7:27-8)
May 1998
25
Other Resources
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Discharge of Petroleum and Othtfr Hazardous Substances (N.J.A.C. 7; IE)
Spill Compensation and Control Tax (N.J.S.A. 58:10-23.11. et seq.)
To order: Contact NJ DEP, Office of Compliance and Enforcement. 609-984-3285 or 609-
292-3600. Also available on NJ DEP Website: http://www.state.rij.us/dep/enforcement/
Summary of New Jersey Environmental Regulations. US EPA, New Jersey Chemical Industry
Project's Compliance Assistance Pilot Team. Current as of May, 1998.
This is a list of environmental regulations administered by the state of New Jersey with a
short description and an office contact phone number for each regulation.
To order: Contact NJ DEP, Office of Compliance and Enforcement, 609-984-3285 or 609-
292-3600. Also available on NJ DEP Website: http://www.state.nj.us/dep/enforcement/
NJ DEP Bulletin Board Svstem (BBS)
NJ DEP maintains a computer bulletin board that can be accessed by direct-dial
communications software packages. The bulletin board is a text-only system that is arranged in a
menu format. The menu provides users with different options for proceeding through the bulletin
board system. The initial section of the bulletin board includes a Main Menu, which provides eight
ways to continue browsing the bulletin board:
1. DEP General Information: Access the DEP Bulletin. DEP Publications, Press
Releases and other general information.
2. DEP Programs Menu: Access to specific program areas such as Air, Water, etc.
3. Change Your Settings: Change your password, graphics settings, and user level.
4. NJDEP BBS Bulletin Menu: Late-breaking NJDEP Information
5. DEP Message Area (All): Connect to the Message Areas of all programs on the
NJDEP BBS.
6. DEP File Area {All): Download files from all program areas on the NJDEP BBS.
7. NJDEP BBS Newsletter The NJDEP Calendar of Events for the current month.
8. NJDEP BBS Help: Help using the NJDEP BBS.
The remaining sections of the bulletin board are arranged in a hierarchical structure. From
the Main Menu of the bulletin board, the user can access the General Information Menu and the DEP
Programs Menu. Both of these menus provide ojptions for retrieving compliance information.
Mav 1998
Other Resources
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Ten divisions and program offices have information available through the bulletin board.
including:
!. Division of Water Quality (NJPDES, Stormwater. Groundwater. Treatment Works)
2. Air Quality Regulation Program
3. Bureau of Safe Drinking Water
4. Division of Solid and Hazardous Waste
5. Right To Know
6. Office of Pollution Prevention (Facility-Wide Permitting)
7. Hazardous Waste Siting Commission
8. Site Remediation Program
9. NJ DEP Enforcement Program (CEHA, Water. Air)
10. Division of Science and Research
It is possible to download regulations from the bulletin board sections for the various division
and program offices. There is also variety of compliance information available from the bulletin
board, including:
Guidance Documents
Contacts and Phone Numbers.
Permit Forms and Instructions
NJ DEP Permit Handbook
To connect to the NJ DEP Bulletin Board:
Dial 609-292-2006; settings: N81
NJ DEP World Wide Web Site
NJ DEP has developed a web site on the Internet. The NJ DEP home page lists the 39
different NJ DEP programs and provides information for the Office of the Commissioner. It has ten
links to different authorities and programs, including:
1. Division of Fish, Game & Wildlife
2. Division of Water Quality
3. Community Forestry (affiliated with the Division of Parks & Forestry)
4. Natural Heritage Program (affiliated with the Division of Parks & Forestry)
5. Bureau of Air Monitoring
6. Division of Science and Research
7. New Jersey Geological Survey (affiliated with the Division of Science and Research)
8. Radiation Protection Programs
9. Site Remediation Programs
10. Pinelands Commission
Mav 1998
27
Other Resources
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The NJ DEP Web site is currently a work in progress. Therefore, the extent ot information available
varies across these programs. In general, the following types of compliance information can be
found on the Web site.
Guidance Documents
Contacts and Phone Numbers
+ Permit Forms and Applications
> Permit Information
The address of the NJ DEP Web site is: http://www.state.nj.us/dep/
Occupational Health and Safety
Environmental and Occupational Health Sciences Institute Education and Training Courses.
The Environmental and Occupational Health Sciences Institute-Centers for Education and
Training (EOHSI-CET) offers 250 short-courses on a variety vf topics, including occupational safety
and health, air pollution, asbestos training, hazardous materials, hazardous waste site operations, risk
assessment and communication, and toxicology. Classes are held ai: the EOHSI building on Rutgers
University's Busch Campus in Piscataway, NJ.
For additional information and a course catalogue: Contact EOHSI at 732-235-5062, or
on the Internet at the following address: http://kvww.eohsi.rutgers.edu/cet
Hazard Communication Standard. Occupational Safety and Health Administration. U.S.
Department of Labor. OSHA 384.1995 (Revised)
This information booklet provides an overview of OSHA's Hazard Communication Standard,
which establishes uniform requirements to ensure that the hazards of all chemicals in U.S.
workplaces are evaluated, and that this information is transmitted to affected employers and exposed
employees.
To order: Contact OSHA's Publications Office, Room N3101, Washington. DC 20210.202-
219-9667. The fact sheet is also available on the Internet through OSHA's Web site:
http://www.osha.gov
Process Safety Management of Highly Hazardous Chemicals. Occupational Safety and Health
Administration. U.S. Department of Labor Program Highlights. Fact Sheet No. OSHA 93-45
This fact sheet provides a general description of the Process Safety Management Standard
(29 CFR 1910.119). It describes the applicability requirements for the standards and defines the key
aspects of process safety management required under the standard.
To order: Contact OSHA's Publications Office, Room N3101, Washington, DC 20210,202-
219-9667. The fact sheet is also available on the Internet through OSHA's Web site:
http://www.osha.gov
May 1998
28
Other Resources
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Product Stewardship
Educational Aids and Training Catalog.
Educational Foundation.
National Association of Chemical Distributors
This publication describes all of the product stewardship materials currently available from
the Foundation. Each item is outlined in a paragraph description, and may be ordered directly from
NACD's Educational Foundation.
To order: Contact NACD Educational Foundation. 703-527-6223.
Product Stewardship Resource Guide, National Association of Chemical Distributors
Educational Foundation. August, 1996.
A resource guide intended for use by industry, its customers, and the public. Topics covered
include general health and safety, environmental and pollution control, emergency planning and
response, hazardous materials transportation and regulations, regulatory compliance, handling
specific chemicals, general product stewardship programs and materials, and individual association
catalogs and programs. It includes full bibliographic information, a brief description of the specific
resource, the price, and order forms to request publications. (Note - this publication was the
pnmary source for many resources listed in this bibliography.)
To order: Contact NACD Educational Foundation, 703-527-6223.
May 1998
29
Other Resources
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NEW JERSEY CHEMICAL INDUSTRY PROJECT
Glossary of Acronyms
AOC
BBS
CAAA
CAFRA
CAM
CERCLA
CEPPO
CHMR
CORR
CRTK
DCR
DEQ-1I4
DOL
DPCC
EHS
EMAP
EO
EOHSI-CET
EPCRA
Area of Concern
Bulletin Board System
Clean Air Act Amendments
Coastal Area Facilities Review Act
Compliance Assistance Materials
Comprehensive Environmental Response. Compensation, and Liability
Act
Chemical Emergency Preparedness and Prevention Office
Center for Hazardous Materials Research
Chemicals on Reporting Rules Database
Community Right-to-Know
Discharge Cleanup and Removal
See RPPR
Department of Labor
Discharge Prevention, Containment and Countermeasure
Extremely Hazardous Substance (Community Right to Know; Federal
Right-to-Know) or Environmental Hazardous Substance (Community Right
to Know) or Extraordinarily Hazardous Substance (Toxic Catastrophe
Prevention)
Environmental Management Assistance Program
Environmental Overview
Environmental and Occupational Health Sciences Institute Centers for
Education and Training
Emergency Planning and Community Right-to-Know
Mav 1998
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Glossary of Acronyms
(continued)
GIN
HAP
HON
ISRA
MSDS
NACD
NFA
N.J.A.C.
NJBIA
NJDEP
NJDOH
NJPDES
N.J.S.A.
NJTAP
NPL
OERR
OPA
OPPT
OSHA
OSW
P2
P2PC
PA
General Information Notice
Hazardous Air Pollutant
Hazardous Organic National E
Pollutants
missions Standard for Hazardous Air
Industrial Site Recovery Act
Materials Safety Data Sheet
National Association of Chemical Oistributors
No Further Action ,
New Jersey Administrative Code
New Jersey Business and Industry Association
i
New Jersey Department of Environmental Protection
New Jersey Department of Health
New Jersey Pollutant Discharg
e Elimination System
New Jersey Statutes Annotated
New Jersey Technical Assistance Program
National Priorities List
Office of Emergency and Remedial Response
Oil Pollution Act
Office of Pollution Prevention
and Toxics
Occupational Safety and Health Administration
Office of Solid Waste
Pollution Prevention
Pollution Prevention and Permit Coordination Office
Preliminary Assessment ,
May 1998
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Glossary of Acronyms
(continued)
RACT
RAW
RCRA
R&D
RMP
RPPR
SBAP
SIC
SIP
SOC
SOCMA
SOCMI
SOTA
TCPA
TPQ
TSCA
TSDF
TXS
UIC
USEPA
UST
VOC
Reasonably Available Control Technology
Remedial Action Workplan
Resource Conservation and Recovery Act
Research and Development
Risk Management Plan
Release and Pollution Prevention Report (also the DEQ-1 141
Small Business Assistance Program
Standard Industrial Classification
State Implementation Plan
Selected Office of Solid Waste Correspondence
Synthetic Organic Chemical Manufacturers Association
Synthetic Organic Chemical Manufacturing Industry
State of the Art
Toxic Catastrophe Prevention Act
Threshold Planning Quantity
Toxic Substances Control Act
Treatment, Storage, or Disposal Facility
Toxic Substances
Underground Injection Control
United States Environmental Protection Agency
Underground Storage Tank
Volatile Organic Compound
May 1998
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NEW JERSEY CHEMICAL INDUSTRY PROJECT
NJ Department of Environmental Protection (DEP)
Compliance Assistance Materials (CAM) Survey Questions
1. How would you best categorize yourself? (select only one)
O facility representative
O consultant
O government employee
O academic/educator
O attorney
O other (specify)
2. If you are a facility representative, how many employees do you have at your site?
O 1-100
O 101 - 500
O greater than 500
3. If you are a facility representative, which category best describes your operation?
O manufacturing
O service (e.g., dry cleaner, service station)
O research medical
O other (specify)
4. How did you learn about the CAM?
O web search engine
O from someone in my field
O brochure
O publication (specify)
Mav 1998
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O conference or workshop (specify)
O other (specify)
How would you describe the impact of the CAM on your understanding of the
applicability of New Jersey regulatory requirements for the selected regulations?
O no improvement
O some improvement
O significant improvement
O other (comment)
Has the CAM helped you find compliance assistance fact sheets, plain language guides
and other compliance assistance tools?
O not at all
O moderately
O greatly
O other (comment)
Would you recommend the CAM to a colleague?
O Yes
O No
8. Does the CAM provide you with the resources and knowledge you need to improve the
environmental conditions or compliance status of your facility?
O no assistance
O some assistance
O substantial assistance
O not applicable
Mav 1998
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9. What action(s) did you take due. in whole or in part, to information you found in the
CAM? (select all that apply)
O obtained a permit
O contacted the NJ DEP for assistance
O linked to a related site
O contacted a trade association
O other (explain)
10. What environmental regulations affecting your business should the CAM address in
the future?
11. How can the CAM be improved? (please specify)
Improvements to regulatory descriptions
Improvements to applicability flow charts
Improvements to bibliographic materials
12. What additional suggestions do you have for improving the CAM resources or
services?
May 1998
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13. Would you be willing to participate in a follow-up focus group to further discuss the
revision or development of additional compliance assistance materials?
O Yes
O No
(If yes, piease fill in your name, organization and phone number)
Name:
Organization:
Phone:
You may send the survey to:
Kent
Air Compliance and
Davis
Enforcement Section
New Jersey Department of Environmental Protection
401 E. State Street, Box 422
Trenton, NJ 08625
Fax: 609-984-9658
Phone: 609-633-1147
Email: kdavis@dep.state.nj.us
May 1998
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