Upcoming Changes to NJDEP Discharge Prevention Control and Countermeasure (DPCC) Regulations: What To Know

This fall, the New Jersey Department of Environmental Protection (NJDEP) will make several changes to its Discharge Prevention Control and Countermeasure (DPCC) regulations. Permit holders should be aware of the following: 

1. Hazardous Substances. There are proposed changes to the list of hazardous substances list in Appendix A of the regulations to include 38 new substances or chemical categories. NJDEP will announce when substances are added or deleted. 
2. Nominal Mixtures. The NJDEP will now consider nominal concentrations of hazardous substances as part of the calculation to determine if a DPCC plan is required. The concentration must be less than 1% of the mixture or less that 0.1% of the mixture in the case of a toxic chemical that is a carcinogen to be omitted.  
3. Climate Resiliency. Major facilities will have to develop a Climate Resiliency plan that addresses potential climate change considerations such as increased flooding, extreme weather events, and rising sea levels. Implementation is not currently required to obtain DPCC approval.  
4. Prevention and Control of Discharges. The NJDEP is proposing various methods to prevent discharges at major facilities by requiring additional alarms and automatic shutoffs on piping to fill tanks. For marine facilities, the proposed changes include notification to the state police in case of a discharge. Inspections of aboveground storage tanks (ASTs) are now included as a requirement instead of being implied by the rule. There are also proposed changes to tank integrity testing.  
5. Financial Responsibility. The NJDEP is proposing to double the per occurrence and annual aggregate financial responsibility requirements for major facilities to cover the cost of cleaning up a discharge or release. This would be based on the largest tank or container onsite and not all containers failing at once.  
6. Transmission Pipelines. The NJDEP is proposing to delete New Jersey Administrative Code (NJAC) 7:1E-3.2 (Registration of transmission pipelines) and 3.4 (Discharge cleanup information) and consolidate them under NJAC 7:1E-3.5. These sections deal with registering the facility and using tools other than CDs to provide reports or documents.  
7. DPCC Plans. The NJDEP has new administrative requirements for providing the name and owner/operator of transmission pipelines and when, with respect to the anticipated date of start-up of the facility.  
8. Penalties and Grace Periods. The NJDEP is seeking to increase most penalties for existing and proposed new rules under NJAC 7:1E-6.5, 6.6, 6.7, and 6.8. Most penalties would be doubled up to the statutory cap.  
9. Financial Responsibility. The NJDEP is considering doubling the per occurrence and annual aggregate financial responsibility requirements, as the existing requirements date from 1991 and have not been revised in the interim. 

GZA can help you update your permits and comply with new regulations. To learn more, contact Robert Jackson.