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SRP Rules & Regulations UST Rules N.J.A.C. 7:14B UST Stakeholder Meeting Notice for March 2, 2010

  

Notice of an Informal Meeting between the Department and Stakeholders on the Proposed Readoption Without Amendments to N.J.A.C. 7:14B Underground Storage Tanks Rules

Pursuant to Governor Christie's Executive Orders 1, 2 and 3 (January 20, 2010), the New Jersey Department of Environmental Protection (the Department) is holding  an  informal  meeting to allow any interested stakeholders or members of the public to discuss the Department’s proposed readoption without amendments to the rules governing  Underground Storage Tanks (N.J.A.C. 7:14B).

The Underground Storage Tanks (UST) rules set forth the Department's requirements for underground storage tank registration, construction and operation, as well as the procedures for remediating a discharge from an underground storage tank.  These rules also contain the requirements for the Department's certification program for individuals and business firms who seek Department certification to work on regulated underground storage tanks systems and unregulated heating oil tanks. The UST rules were scheduled to expire on October 20, 2009 pursuant to N.J.S.A. 52:14B-5.1 et seq. This expiration date was extended by 180 days to April 20, 2010 pursuant to N.J.S.A. 52:14B-5.1 as a result of the timely filing of the proposal to readopt the rules.  The proposal was published in the New Jersey Register on December 7, 2009 at 41 N.J.R. 4384(a).

Last spring, the Legislature enacted the Site Remediation Reform Act (SRRA) to reform the site remediation process by creating a Licensed Site Remediation Professional (LSRP) program in New Jersey.  The legislation requires all persons responsible for conducting the remediation of a contaminated site on or after November 4, 2009 (except for the remediation of discharges from unregulated heating oil tanks) to utilize the services of an LSRP.  On November 4, 2009, the Department adopted interim rules effective for 18 months to implement SRRA that included amendments to rules adopted pursuant to other laws, including the UST rules.  Therefore, the Department is not proposing any other amendments to the UST rules at this time.  The Department intends to propose amendments to the UST rules when it proposes a more comprehensive package of site remediation rules for adoption by May 2012 to implement the Site Remediation Reform Act.

The stakeholder meeting to discuss the Department's proposed readoption without amendments will be held on the following date and time:

March 2, 2010 – 10:00 a.m.
Department of Environmental Protection Building
7th Floor Conference Room
401 East State Street
Trenton, NJ

At this meeting, the Department will be discussing and inviting comment on the rule proposal and the topics outlined in the Governor's Executive Orders 1, 2 and 3.  Among the topics to be discussed are:

  1. Economic Analysis:
    1. What is the effect of the proposed readoption on New Jersey's economy?
    2. Do the burdens on business and workers outweigh the intended benefits?
    3. The cost/benefit analysis performed by the Department as part of the proposal   process, as well as scientific and economic research available from other jurisdictions relevant to this proposed readoption;
  2. Federal Standards Comparison:
    1. Does the proposed readoption exceed Federal standards and if so, why?
  3. Process Improvement Evaluation:
    1. How the proposed readoption addresses processing time, extent of required submissions, coordination with other programs and agency requirements;
    2. The public process used for this proposed readoption as it relates to advance notice of rule making;
    3. the effect of the proposed readoption on permits and applications for permits;
    4. the applicability of "waiver" provisions to this proposed readoption;
  4. Compliance and Enforcement Evaluation:
    1. the performance-based nature of the proposed readoption.
  5. The structure and organization of the UST rule to better serve the regulated community.

People who have already provided comments on the rule proposal do not have to resubmit their comments.  This is an informal meeting and not a public hearing.  No transcription will be made.  Additional formal written comments may be submitted by March 15, 2010. 

Please see the Department's website at http://www.nj.gov/dep/rules/2010_ext.html for information on the comment period extension and how to submit additional comments on this rulemaking.