Toxic Catastrophe Prevention Act (TCPA) Program
File formats are as noted.
Rules and Regulations
Notes from Department's public workshop on the 2009 Rule Readoption and Amendments, reviewing key regulatory changes and their application. (June 2009, pdf)
Frequently Asked Questions about the 2009 Rule Readoption and Amendments, addressing threshold quantities, rule applicability, process hazard analysis with risk assessment (PHA/RA), the transition from Program 2 to Program 3, and other topics. January 2010, pdf)
Consolidated Rule Document 2012, combining the text of N.J.A.C. 7:31 with the adopted text of the federal Accidental Release Prevention (ARP) rules at 40 CFR 68. This document incorporates all of the changes made in the March 2012 TCPA rule readoption. March 2012, pdf)
Consolidated Rule Document 2012, alternate version. This version of the Consolidated Rule Document uses different fonts to show additions and deletions from the Federal rules at 40CFR68. (March 2012, pdf)
TCPA Rule Readoption with Amendments. (Published in the New Jersey Register March 16, 2009. pdf format. This download originates from the DEP Rules and Regulations web site.)
Proposal for TCPA Rule Readoption with Amendments. (Published in the New Jersey Register September 15, 2008. pdf format. This download originates from the DEP Rules and Regulations web site.)
for Inherently Safer Technology (IST) Review. This rule adoption mandates
IST reviews at all TCPA facilities, including those not previously subject to
such requirements. This document also contains the Department's responses to
comments received during the adoption process. (Adopted May 5, 2008. pdf
format. This download originates from the DEP Rules and Regulations web site.)
Rule Proposal for Inherently Safer Technology (IST) Review. This is the original proposal for the rule adoption described above. It is not the final rule. (March 2007, pdf. This download originates from the DEP Rules and Regulations web site.)
TCPA Rule Readoption 2003, N.J.A.C. 7:31, including responses to comments. (As adopted August 2003, pdf)
Rule Amendment Adoption Regarding Grace Periods, including Responses to
Comments. (April 2006, doc)
Rule Amendment Proposal Regarding Grace Periods. (May 2005,
Toxic Catastrophe Prevention Act, N.J.S.A.13:1K-19 et seq. (html)
TCPA Audit and Inspection Change Notice, regarding changes in the conduct of these activities. (April 2007, doc)
Inherently Safer Technology Review
Facilities regulated by the TCPA program must perform Inherently Safer Technology reviews.
Guidance for Toxic Catastrophe Prevention Act (TCPA) Inherently Safer Technology (IST) Review (August 2012, pdf)
This guidance document assists owner/operators in understanding the requirements for performing the IST Review and preparing and submitting the IST Review report.
Implementation Summary, reviewing the Department's experiences with the program during 2008 and 2009. It documents that IST evaluation successfully identified cost effective and technically feasible alternatives at many facilities. (January 2010, pdf)
Four presentations given during the Bureau's IST Review Workshop on June 17, 2008, are available for download.
Rule Requirements. (June 2008, pdf)
Concepts and Methodologies. (June 2008, pdf)
Examples and Case Studies. (June 2008, pdf)
Sample Worksheets. (June 2008, pdf)
Compliance Audit Checklists
Facility owner/operators must perform annual compliance audits to ensure that the procedures and practices mandated by N.J.A.C. 7:31 are being implemented. To facilitate these risk management program audits, the TCPA program has prepared the following Microsoft Excel spreadsheet checklists to assist in completion of these audits.
TCPA Checklists 6. (July, 2012, xls)
Annual Report Guidance
As described in N.J.A.C. 7:31, each owner or operator of a process covered under Program 3 must submit an annual report. The following document provides additional information on the content and preparation of these reports.
for TCPA Annual Reports. (December 2012, pdf)
New Jersey Risk Management Plan Submission
Instructions on How to Make the New Jersey Risk Management Plan Submission
These programs and documents are also available on CD-ROM from the Bureau. Please call us at (609) 633-0610 if you have any problems downloading them.
RMP*Submit 2004 Program. (software installer, 46 MB, exe)
RMP*Submit 2004 User Manual. (March 2004, zip)
New Jersey RMP Supplemental Information Form. (August 2011, doc)
This document is to be used only after consultation with TCPA program staff.
Special Topics Guidance
Guidance on Process Hazard Analysis with Risk Management, (PHA/RA). (January 2012, pdf)
This guidance document assists owner/operators in conducting and reporting process hazard analysis with risk assessments.
Guidance on Offsite Consequence Analysis Toxic Endpoint for New Jersey EHS's. (April 2011, pdf)
This guidance document assists owner/operators in obtaining the concentration endpoint to use for their RMP's worst case and alternative release scenarios when New Jersey-only EHS's are involved, specifically those not listed by the EPA in 40 CFR 68.
Guidance on Hazard Assessment for Reactive Hazard Substances (RHS) and RHS Mixtures. (July 2012, pdf)
This guidance document assists owner/operators in conducting their RMP's worst case and alternative release scenarios for RHS and RHS mixtures.
Guidance for TCPA New Covered Processes. (Febraury 2012, pdf)
This guidance document assists owner/operators to understand the TCPA rule requirements when constructing a new covered process or when utilizing existing equipment for a new covered process.
Guidance for Determining the Applicability of the TCPA Program Rules. (February 2013, pdf)
This guidance document helps owner/operators determine when a threshold quantity of an Extraordinarily Hazardous Substance is present at a facility.
Administrative Order NO. 2005-05-Employee Participation. (September 2005, pdf)
TCPA Program - Employee Participation Fact Sheet. (January 2012, pdf)
Program - Employee Participation - News Release. (September 2005, doc)
Confidential Information Claim Form. (August 2011, pdf)
Any documents that a facility seeks to claim as confidential pursuant to N.J.A.C. 7:31-10 must be accompanied by this form when submitted to the Department. All required information must be provided.
Integrated Contingency Plan Guidance (One Plan). (June 1996, pdf)
Transfer of Ownership
Transfer of Ownership Consent Agreement Addendum. (August 2011, pdf)
N.J.A.C. 7:31-7.4(a) and (b) require that, in the event of the transfer of the covered process to a new owner or operator, change in ownership or the name of an owner or operator, the new owner or operator must adopt the existing, approved TCPA Risk Management Program or obtain a new, approved TCPA Risk Management Program for the covered process before operating EHS equipment. To adopt the existing approved Risk Management Program from the former owner or operator, the new owner or operator must submit an updated Risk Management Plan registration and sign an addendum to the former owner or operator’s initial consent agreement. To facilitate the adoption of the existing approved Risk Management Program from the former owner or operator, the new owner or operator should complete, sign, and submit the above Transfer of Ownership Consent Agreement Addendum along with the updated Risk Management Plan registration. If the new owner or operator wishes to adopt a new Risk Management Program, please contact the TCPA Program to review what must be completed.
The official version of New Jersey Regulations can be found in the New Jersey Administrative Code published by the LexisNexis ® bookstore (Phone: (800) 223-1940)