New Jersey: New Jersey Department of Environmental Protection proposes new rules for underground storage tanks [US]

New Jersey’s Department of Environmental Protection (NJDEP) released proposed changes to its underground storage tank regulations contained in N.J.A.C. 7:14B. These changes implement changes recommended by the US Environmental Protection Agency’s (USEPA) “Grant Guidelines to States for Implementing the Secondary Containment Provisions of the Energy Policy Act of 2005” (Secondary Containment Guidelines) and “Grant Guidelines to States for Implementing the Operator Training Provisions of the Energy Policy Act of 2005” (Operator Training Guidelines).

Among the changes NJDEP is proposing is that all new and replaced tanks and piping have secondary containment, and that UST systems have under-dispenser containment beneath all new dispenser systems, regardless of whether they are within 1,000 feet of a community water system or potable drinking water well.

Proposed rules and changes to N.J.A.C. 7:14B-6.1

• The proposed changes to N.J.A.C. 7:14B-6.1 require that underground storage tank systems used to store motor fuel solely for use in an emergency generator would be required to comply with the release prevention requirements of N.J.A.C. 7:14B-6 within three years of the operative date of the amended rule.
• New underground storage tank systems will be required to have secondary containment and interstitial monitoring. Existing tank systems with interstitial monitoring will be required to maintain the interstitial monitoring for the life of the systems.
• Tanks filled by means other than gravity deliveries must have overfill protection compatible with the method used to fill the tank. Tanks filled by gravity may continue to use the overfill prevention equipment allowed under existing rules, but flow restriction in vent lines will not be permitted for gravity-filled tanks three years after the operative date of the amendments.
• NJDEP proposes requiring the retention of documents related to the installation and replacement of equipment and interstitial space testing in addition to the documents already required to be maintained.
• The proposed new N.J.A.C. 7:14B-5.10 specifies the criteria for spill prevention equipment. Release detection equipment would be required to be tested annually according to the manufacturer’s instructions, a code of practice developed by a nationally recognized association, an independent testing laboratory, or a method no less protective.
• NJDEP is proposing to incorporate an amended list of standards for underground storage tank systems.

Comments on New Jersey Department of Environmental Protection new rules accepted until July 3, 2015

NJDEP will accept comments through July 3, 2015.

Red-on-line EHS Legal specialist

Sources:

• NJDEP, Rule Proposals, Underground Storage Tanks, 47 NJR 850(a), May 4, 2015
• N.J.A.C. 7:14B, Underground Storage Tanks