NJDEP Issues Comprehensive Revisions to DPCC Regulations

May 16, 2007
Client Alert Newsletter May 2007

On February 26, the New Jersey Department of Environmental Protection ("NJDEP") published sweeping changes to its Discharges of Petroleum and Other Hazardous Substances Rules, which establish discharge prevention and emergency response requirements for facilities storing or handling hazardous substances. Among other things, the revisions delete outdated and redundant provisions and recodify and reword certain provisions. The revisions, however, also include several substantive changes such as expansion of the tank testing requirements, changes to training and operating requirements, modifications to Discharge Prevention, Containment and Countermeasure Plan and Discharge Cleanup and Removal Plan contents, authorization for NJDEP to require soil permeability testing, and longer recordkeeping requirements. The amendments became effective on March 28.