NEW JERSEY REGISTER

VOLUME 50, ISSUE 2

ISSUE DATE: JANUARY 16, 2018

RULE ADOPTIONS

ENVIRONMENTAL PROTECTION

SITE REMEDIATION AND WASTE MANAGEMENT PROGRAM

COMPLIANCE AND ENFORCEMENT

50 N.J.R. 409(a)

Adopted Repeals and New Rules: N.J.A.C. 7:14B-2.3 and 12.2

Adopted Amendments: N.J.A.C. 7:14-8.4A and 8.18, 7:14B-1.3, 1.4, 1.6, 1.7, 2.1, 2.2, 2.5, 2.6, 2.7, 3.1, 3.2, 3.5, 4.1, 4.2, 5.1 through 5.8, 6.1 through 6.5, 6.7, 7.1 through 7.4, 8.1, 8.3, 9.1, 9.2, 9.4, 9.5, 10.1 through 10.3, 10.5, 10.6, 10.8, 12.1, 12.4, 13.1 through 13.5, 13.7, 13.8, 13.10, 15.1, 15.2 through 15.4, 16.2 through 16.6, 16.8, 16.9, and 16.11, and 7:26C-9.5

Adopted New Rules: N.J.A.C. 7:14-8.19 and 7:14B-4.1A, 4.3, 4A, 5.10 through 5.14, 5A, 10.1A, and 12.3

Adopted Repeal: N.J.A.C. 7:14B-2.4

Underground Storage Tanks

Proposed: May 15, 2017, at 49 N.J.R. 1121(a).

Adopted: December 14, 2017, by Bob Martin, Commissioner, Department of Environmental Protection.

Filed: December 18, 2017, as R.2018 d.037, with non-substantial changes not requiring additional public notice and comment (see N.J.A.C. 1:30-6.3).

Authority: N.J.S.A. 13:1D-9, 58:10-23 et seq., 58:10A-1 et seq., and 58:10A-21 et seq.

DEP Docket Number: 07-17-03.

Effective Date: January 16, 2018.

Expiration Dates: August 31, 2024, N.J.A.C. 7:14;

April 18, 2010, N.J.A.C. 7:14B, pursuant to Executive Order No. 1 (2010), the chapter expiration date is extended from April 18, 2010, until the completion of the review of [page=410] administrative regulations and rules by the Red Tape Review Group, and until such time as the extended regulation or rule is readopted pursuant to the Administrative Procedure Act, N.J.S.A. 52:14B-1 et seq.;

September 18, 2018, N.J.A.C. 7:26C.

The Underground Storage Tank rules, N.J.A.C. 7:14B, implement the Underground Storage of Hazardous Substances Act (State Act), N.J.S.A. 58:10A-21 et seq., and the Federal Underground Storage Tank (UST) program. The Department of Environmental Protection's (Department's) rules establish requirements for tank owners and operators, and are intended to prevent the discharge of hazardous substances into the environment from underground storage tanks (USTs). The rules apply to USTs that store motor fuel, liquid petroleum products, waste oil, and other hazardous substances regulated pursuant to the Spill Compensation and Control Act, N.J.S.A. 58:10-23 et seq., and its implementing rules. Hazardous substances are listed in N.J.A.C. 7:1E Appendix A to the Discharge of Petroleum and Other Hazardous Substances rules. Civil administrative penalties for violations of the UST rules are codified in the Water Pollution Control Act rules, N.J.A.C. 7:14-8, and the Administrative Requirements for the Remediation of Contaminated Sites rules, N.J.A.C. 7:26C-9.5.

The Water Pollution Control Act at N.J.S.A. 58:10A-25 directs the Department to "[e]stablish standards for the construction, installation, and operation of new and existing underground storage tanks, including standards for secondary containment, monitoring systems, release detection systems, corrosion protection, spill prevention, and overfill prevention, and other underground storage tank equipment." The U.S. Environmental Protection Agency (EPA) published its final "Revisions to Existing Requirements and New Requirements for Secondary Containment and Operator Training" on July 15, 2015 (80 Fed. Reg. 41565) (EPA UST Final Rule). Accordingly, the Department is amending its rules to conform to Federal requirements.

The Federal regulations apply to all Federally regulated UST systems in the State (which are most of the UST systems), and owners and operators of these systems must meet the Federal requirements according to the schedule in the EPA UST Final Rule. They must also meet the requirements of the existing rules that are State-specific, such as the registration requirements at N.J.A.C. 7:14B-2. There are approximately 490 sites with State-regulated heating oil UST systems, which the Federal rules do not regulate. These are referred to in the Department's UST rules as "regulated heating oil tank systems." The adopted rules applicable to regulated heating oil tank systems are substantively the same as the Federal requirements, as the Water Pollution Control Act requires.

Unrelated to the Federal UST requirements, the Department is amending the rules related to the registration of UST systems, notice to the Department prior to the start of work on an UST system, and certification of individuals performing UST services, as well as the related civil administrative penalties in the Water Pollution Control Act rules at N.J.A.C. 7:14-8, and the Administrative Requirements for the Remediation of Contaminated Sites rules at N.J.A.C. 7:26C-9.5.

The rule adoption can also be viewed or downloaded from the Department's website at http://www.nj.gov/dep/rules/adoptions.html.

Summary of Hearing Officer's Recommendation and Agency's Response:

The Department held a public hearing on this rulemaking on Thursday, June 1, 2017, at 2:00 P.M., at the Department's headquarters in Trenton. Two individuals provided oral comments at the public hearing. John Olko of the Bureau of Underground Storage Tanks within the Compliance and Enforcement Program served as hearing officer. After reviewing the comments received during the public comment period, the hearing officer has recommended that the Department adopt the proposed rules with the changes as described below in the Summary of Public Comments and Agency Responses. The Department accepts the hearing officer's recommendations.

The record of the public hearing is available for inspection in accordance with applicable law by contacting:

Office of Legal Affairs

Attention: DEP Docket No. 07-17-03

Department of Environmental Protection

401 East State Street, 7th floor

Mail Code 401-04L

PO Box 402

Trenton, NJ 08625-0402

Summary of Public Comments and Agency Responses

The Department accepted comments on the notice of proposal through July 14, 2017. The following persons timely submitted comments on the notice of proposal:

1. Bluhm, Sara, New Jersey Business & Industry Association

2. Capasso, J.R., Trenton Department of Housing and Economic Development

3. DeGesero, Eric, and Donohue, John, Fuel Merchants Association of New Jersey

4. Egenton, Michael A., New Jersey Chamber of Commerce

5. Hart, Dennis, Chemistry Council of New Jersey and the Site Remediation Industry Network

6. Jackson, Marty, J.W. Scott Service Station Equipment Co.

7. Kubinsky, Edward, Crompco, LLC

8. Largent, Robert, Army and Air Force Exchange Service

9. Matri, Michael H., Speedway LLC

10. Risalvato, Sal, New Jersey Gasoline-Convenience-Automotive Association

11. Russo, Anthony, Commerce and Industry Association of New Jersey

12. Saba, Sam A., Petroleum Equipment Contractors Association of New Jersey

13. Worth, Josh, Wawa Inc.

The timely submitted comments and the Department's responses are summarized below. The number(s) in parentheses after each comment identify the respective commenter(s) listed above.

Rules Adopted to Comply with Federal Requirements

Class A and Class B Operator Training

1. COMMENT: As proposed, all operators are required to complete a program developed and administered by the Department or the Department's designee. This is unnecessarily restrictive and does not appropriately allow for training courses offered by other qualified entities or in-house training. (1, 4, 5, 10, and 11)

2. COMMENT: Class A and B operators are required to successfully pass an exam that was made available beginning on July 1, 2017. This allows Class A and Class B operators only 15 months to comply with the EPA UST Final Rule, which requires facilities to have trained operators on or before October 13, 2018. The Department estimates there are 4,500 regulated facilities in the State for which trained operators will be required. The testing and training facilities will not be able to accommodate the number of operators who will need to be trained. (1, 3, 4, 5, 10, and 11)

3. COMMENT: In stakeholder discussions prior to this proposal, the Department's plans for UST operator training included online training and testing options. It is regrettable the Department has not made online training or testing options available. Only when an online course is made available to individuals seeking certification as a Class A or Class B operator, should the Department require the training course as a prerequisite to take the exam. This action requires no rulemaking in the short term; it is simply a policy-making decision that will assist the regulated community to comply with the EPA UST Final Rule. The Department should continue to offer in person classes as a voluntary option for individuals who prefer that method of training. (3)

RESPONSE TO COMMENTS 1, 2, AND 3: The Department established the operator training rules based on the EPA's Grant Guidelines to States for Implementing the Operator Training Provisions of the Energy Policy Act of 2005 (Operator Training Guidelines) and the EPA UST Final Rule. The Operator Training Guidelines authorize New Jersey to implement a State-specific program for operator training that meets the minimum Federal requirements. The Department began planning for the operator training program based on the requirements [page=411] established by the EPA, corresponded with the EPA, other states, and the regulated community, and took into account the Department's resources, knowledge, and experience in regulating UST facilities in New Jersey. The Department's evaluation led to the development of combined training (UST Class A/B operator training), which provides certification for both operator classes with a single course and exam. The classroom training course is offered through a non-profit State agency, Rutgers University, and subsequent examination using the International Code Council (ICC) testing services for the Class A and Class B operators. As noted in the notice of proposal Summary (49 N.J.R. at 1131), facilities may designate the same person as Class A and Class B operators. Class C operators are not required to attend the Department's training classes or take an examination, but must be trained according to N.J.A.C. 7:14B-5A.2(c) by a Class A or Class B operator or a training program selected by the UST facility owner and operator.

The Department considered allowing third parties to provide training for Class A and Class B operators; however, the Department determined that the resources that the Department would expend in developing qualifications for trainers and criteria for the training, as well as monitoring the courses to ensure that courses were being administered consistently and were meeting the State's needs would be greater than if the Department developed and provided the training itself. Because the Department develops and presents the training and monitors the test results, the Department can quickly adjust the training to respond to trainee/tester feedback, to meet the needs of the State's regulated facilities, and to ensure that the tests that ICC administers are appropriate based on the training.

Shortly after the publication of the proposed rules, the Department began offering the UST Class A/B operator training program to provide facilities time to comply with the requirement. The Department estimated in the notice of proposal Summary that there are 4,500 regulated UST facilities in New Jersey. Since the publication of the notice of proposal the Department collected new data to revise this number to an estimated 4,200 registered UST facilities. Although, 4,200 is still a substantial number of facilities, the rules provide for reciprocity with other states by allowing Class A and Class B operators to submit evidence of comparable training from another state instead of completing the State-specific training course and exam. Further, if a regulated entity has more than one facility, the same Class A and Class B operators may be identified for multiple facilities. The Department anticipates that reciprocity and designation of trained Class A and Class B operators for multiple facilities will reduce the number of individuals requiring training.

At present the training and testing of Class A and Class B operators in New Jersey is done in person; however, the rules provide the Department with flexibility to provide other formats in the future. The Department will review the training and testing program periodically to consider changes and cost saving options. Online training programs and exams can be more convenient; however, at this time the Department does not have the resources to offer an online exam with the necessary security measures and identity verification to confirm the trainee is the actual participant in the online program. The Department is continuing to explore such options. Although a number of individuals among the regulated community may prefer an online program, not all owners and operators have the resources to enable their employees to participate in an online program, and may find an interactive class more effective. The Department believes the in-person training program that it has developed provides a reasonable, sufficient, and cost-effective means of meeting the regulatory requirements, taking into account the Department's available resources, and the convenience and resources of the entire regulated community.

See the Response to Comments 7 and 9 for additional discussion of the Department's prerequisite for training prior to passing an exam.

4. COMMENT: The notice of proposal Summary states that the Department will develop continuing education classes with Rutgers University and proctored exams through ICC. The Department's intentions go well beyond what is required under the Federal rules (40 CFR Part 280). New Jersey is among the last states to enact operator training regulations. Many other states have developed effective internet-based online training and testing programs that cost less than $ 100.00 with some being free of charge. The Department's estimate of the cost of testing and training is $ 250.00 to $ 500.00 per trained operator, which is excessively high when compared to New York's free program or Pennsylvania's third-party training and testing costs that range from $ 90.00 to $ 150.00. The Department should make every effort to minimize these compliance costs accordingly. (9)

5. COMMENT: The Department's estimates of the cost of training do not take into account the time lost during travel and attendance for the training course and testing, or the travel expenses. Online training and testing would do away with much of these costs. (1, 3, 4, 5, 9, and 11)

6. COMMENT: The Department should offer testing on the same day as the training classes. The Department's current program is extremely inconvenient and costly. Every person being trained loses a day of productivity for training and another for testing. These costs must be considered when assessing the expenses associated with the training and testing. (3 and 10)

RESPONSE TO COMMENTS 4, 5, AND 6: The Department estimated in the notice of proposal (49 N.J.R. at 1140) that the cost of training and testing would be approximately $ 250.00 to $ 500.00 per Class A and Class B operator. The Department's training program is now in place at a cost of $ 355.00 for both the training and examination. The training program is based on the resources and funding available to the Department, at a cost that reflects the expenses associated with providing a quality, State-specific operator training program. The Department has determined, based upon data from other states that have implemented operator training, that well-trained operators reduce the number of hazardous substance releases and/or violations of the UST rules. This ultimately saves the regulated community the cost of remediation and penalties.

The commenters express concern that the Department's economic impact does not consider individual's time for travel, travel expenses, and time away from work when attending the UST Class A/B operator training program. Whether the Department offers online training and testing, or in person training and testing, the individual employee seeking qualification as a Class A or Class B operator will be required to spend some amount of time away from his or her duties in order to be trained and tested. The current UST Class A/B operator training program can take up to one and a half days to complete. For the convenience of those taking the UST Class A/B operator training program, Rutgers offers the course and exam at several locations in New Jersey; ICC offers testing in New Jersey and nearby metropolitan areas (New York City and Philadelphia). There may be a nominal cost of traveling to and from the course and exam locations, but this is usually a one-time cost since in most cases the Class A and Class B operator must be trained only once. This training provides the regulated community and their employees knowledge and skills critical to safe operations of UST systems.

See the Response to Comments 1, 2, and 3 for a discussion of online training.

7. COMMENT: The EPA UST Final Rule provides flexible and alternative training options, as well as the ability to demonstrate operator proficiency by solely passing an exam, which satisfies the EPA's requirements. The Department should allow Class A and Class B operators to pass an exam, without taking the training course. (1, 4, 5, and 11)

8. COMMENT: In the absence of obtaining training in an online course, individuals should be allowed to demonstrate proficiency as a Class A or Class B operator for Federally regulated facilities solely by passing the required exam, beginning immediately and continuing through October 13, 2018 (when the Federal rules require facilities to designate Class A, Class B, and Class C operators). The provisions at N.J.A.C. 7:14B-5A.4, Retraining, are consistent with such an approach and the EPA UST Final Rule. (3)

RESPONSE TO COMMENTS 7 AND 8: The Federal Energy Policy Act of 2005 (EP Act) requires implementing agencies to develop state-specific operator training requirements as a condition of receiving Federal UST funding. The EPA's Operator Training Guidelines provide the minimum criteria a state program must meet in order to receive funding, while providing states broad latitude in the development of operator training; all persons subject to operator training are required to [page=412] meet the state-specific requirements. Acceptable approaches to implementing the training are also identified in the Operator Training Guidelines and include an operator training program conducted or developed by the state or a third party with state approval, including training and an evaluation, or an appropriately administered and evaluated verification of operator knowledge (that is, examination).

The Department's requirements for Class A and Class B operator training can be found at N.J.A.C. 7:14B-5A.2. Each in-person course covers more than 10 subject areas, including the Department's UST regulations, the purpose and functions of the UST facility equipment, and emergency response to discharges. Many topics are specific to owning and operating an UST system in New Jersey. The ultimate purpose of operator training is to reduce the potential for releases from UST systems. While the Department could have designed an operator training program that meets no more than the minimum Federal requirements, a more robust program that provides State-appropriate information, in-class discussion, and testing is more likely to result in fewer discharges and fewer violations of the State's rules. Numerous other states, including Maryland and Connecticut, also require both training and testing. In-person training is most effective in ensuring the quality of the training, and informing and preparing the Class A and Class B operators to pass the exam and operate a compliant UST facility.

The Department's retraining requirements apply when the Department determines a facility is out of compliance with a significant requirement. The retraining requirements at N.J.A.C. 7:14B-5A.4(a) are, by their terms, the same as the initial Class A and Class B operator training and examination requirements at N.J.A.C. 7:14B-5A.2.

9. COMMENT: Reciprocity for operator training will be complicated by the need to match the Department's cumbersome operator training scope. The Department should match other states, such as New York, that allow reciprocity to any individual who is certified as an operator in any other state that has an UST program that meets Federal approval. As proposed, the Department's reciprocity provisions at N.J.A.C. 7:14B-5A.3 will allow reciprocity only if examinations are proctored by ICC or a similar authority. This requirement will effectively limit reciprocity opportunities for operators with UST facilities in multiple states.

Also, because the Department's rules are adopted less than a year before the EPA UST Final Rule requires facilities to designate Class A and Class B operators, there will be little time for Class A and Class B operators trained in another state to determine if they hold a reciprocity eligible certification. Upon adoption, the Department should modify N.J.A.C. 7:14B-5A.3(a)2 (the provision for other state operator training to qualify for reciprocity) as follows: The training is from a state that holds Federal UST program approval for the relevant class of operator and the UST operator can demonstrate it operates a facility in that state. Within 90 days of the effective date of this regulation, the Department will post a list on its website, www.nj.gov/dep/enforcement/ust.html, indicating the states whose training requirements are accepted by the Department. (9)

RESPONSE: The EPA has afforded states broad latitude in the development of the Class A, B, and C operator training, provided the state programs are no less stringent than the Federal program. Just as the Operator Training Guidelines authorize states to develop their own operator training programs, a similar state-specific approach applies to reciprocity.

The adopted rules allow the Department to meet the requirements of the Operator Training Guidelines by accepting reciprocity from states whose training programs are comparable to the Department's. Had the EPA developed a detailed program that all states were required to implement in the same fashion without exception, it would have simplified the reciprocity issue considerably. However, that is not the case, which means the Department must evaluate the other state programs to determine whether they are comparable to New Jersey's. The Department cannot assume that just because another state's program is no less stringent than the Federal program and meets the broad requirements of the Operator Training Guidelines that the training meets the Department's requirements. Therefore, the Department is not modifying the rule on adoption as the commenter suggests. The Department will post on its website at www.nj.gov/dep/enforcement/ust.html a list of other states' Class A and Class B training programs that meet the Department's requirements and are, therefore, eligible for reciprocity.

10. COMMENT: The Department requires at least one designated operator (Class A, B, or C) present at the facility during all hours the facility is operating, including when hazardous substances are being introduced or removed from the UST system. The Department should not require that a Class A, B, or C operator be present during a delivery when the facility is closed. This is an unnecessary and costly burden, and the Federal rule includes no such requirement. Since many deliveries are made during overnight hours when a facility is closed, then it makes sense that the driver/employee of the fuel delivery company be required to be a Class C operator. The facility should have the option to post signs that meet the unmanned facility sign requirements if deliveries of hazardous substances into, or removal of hazardous substances from, the UST system occur before or after normally staffed business hours. (5 and 10)

RESPONSE: N.J.A.C. 7:14B-5.14(d) provides that a facility, other than an unmanned facility, must have a designated Class A, B, or C operator present at all times the facility is operating, including when hazardous substances are introduced to or removed from an UST system. In recognition of the hardship for otherwise manned facilities that accept deliveries of hazardous substance outside of business hours, the Department provided alternatives to having an operator present after hours. The owner and operator of the facility may either contract with the supplier or transporter to ensure that a Class C operator is present at the delivery, or the owner and operator may post signs that meet the requirements for an unmanned facility. Under the first option, the transporter or supplier would ensure that the individual introducing hazardous substances into (or removing the hazardous substance from) the UST system has completed Class C operator training, which includes how to respond to a discharge. See the discussion of the alternatives in the notice of proposal Summary, 49 N.J.R. at 1130.

Secondary Containment

11. COMMENT: Requiring that the interstitial monitoring for piping installed prior to the operative date of this rule to be maintained for the life of the piping is more stringent than required by the EPA UST Final Rule and is, therefore, impermissible pursuant to N.J.S.A. 58:10A-25. An owner and operator can meet release detection requirements by performing annual line tests of the piping. The EPA has established that the performance of annual line tests at facilities that have secondarily contained piping, but do not utilize interstitial monitoring, is equally protective of the environment as performing containment sump testing every three years. In March 2015, the EPA stated, "The Federal UST requirement for secondary containment and interstitial monitoring only applies to tanks and piping installed after April 11, 2016. Owners and operators who install piping on or before April 11, 2016, may choose to use any of the release detection options listed in Subpart D of the Federal UST Regulations. They are not restricted to only interstitial monitoring" (EPA, Questions and Answers About the 2015 Underground Storage Tank Rule). (3 and 10)

12. COMMENT: The proposed rules require owners of double walled piping systems that were installed prior to the operative date of the amended rules, and who perform interstitial monitoring for release detection, to test their containment sumps and dispenser pans. The EPA has clearly stated that owners that operate double walled piping systems may use any of the release detection methods that were available to them prior to the effective date of the new rule. Therefore, an owner could choose to perform another method, such as an annual line tightness test, in lieu of interstitial monitoring, as long as the piping system was installed prior to the date that secondary containment and interstitial monitoring was mandated (which is April 11, 2016, in the EPA UST Final Rule). Only owners who install double walled piping on or after April 11, 2016, should be mandated to perform interstitial monitoring on their piping systems and then test their sumps. If an owner of a piping system installed prior to April 11, 2016, registers the UST system as performing interstitial monitoring, then the owner should have to test the sumps, but the owner should still have the option to change to another method, since the requirement to perform interstitial monitoring was not in the rule for that facility's piping system. (12)

[page=413] 13. COMMENT: If an owner chooses to use interstitial monitoring for release detection for the UST system's double walled piping, the owner should test the sumps because the facility is relying on the sumps to be liquid-tight to contain a release of product from the primary piping. However, the owner that chose to install double walled piping and use interstitial monitoring before it was required also had other choices that he or she may use for release detection for his or her double walled piping, such as annual line tightness testing, or statistical inventory reconciliation. Secondary containment and interstitial monitoring was not required and it was done proactively to help prevent releases.

If the rule is adopted as proposed, then it is possible that owners who currently have (liquid) sensors installed and used for interstitial monitoring will consider pulling the sensors out so they do not have to test their sumps moving forward. It would be better if the owners of existing piping systems (installed prior to April 11, 2016) could choose another method of release detection for their double walled piping, such as annual line tightness testing, and continue to have the sensors in place as a back-up method of release detection. (7)

RESPONSE TO COMMENTS 11, 12, AND 13: N.J.A.C. 7:14B-4.1(a)1vi and (a)2v are more stringent than the guidance document provided by the EPA online, Questions and Answers About the 2015 Underground Storage Tank Rule; however, the EPA UST Final Rule does not specify the method of release detection monitoring for secondarily contained UST systems installed before April 11, 2016. Therefore, adopted N.J.A.C. 7:14B-4.1(a)1vi and (a)2v do not violate the Water Pollution Control Act, which requires the State's rules governing Federally regulated UST systems to be substantially identical to the EPA's rules.

The Department considered adopting the Federal rule provisions verbatim, but determined that the State's rules should be specific regarding the method of release detection for secondarily contained UST systems. The adopted release detection requirement is consistent with the Department's permitting requirements described below, and also the release detection requirements for UST systems in wellhead protection areas and any tanks containing hazardous substances other than petroleum products and waste oil. As stated in the notice of proposal Summary at 49 N.J.R. at 1123, to allow an existing UST system that has secondary containment and interstitial monitoring to discontinue interstitial monitoring or change to a less protective method is contrary to the design of the system and the purpose of the EP Act and the EPA UST Final Rule, which is to prevent releases to the environment. See Response to Comments 14 and 15 for further discussion on the lack of protectiveness of other methods of release detection.

N.J.A.C. 7:14B-10.1(b)1 allows an owner or operator to install or modify tanks and piping without obtaining a Department permit, provided the tank and piping are secondarily contained and interstitially monitored in accordance with N.J.A.C. 7:14B-6.4(a)2 (the release detection requirement for UST systems installed on or after September 4, 1990, in a wellhead protection area). This permit exemption has been in place since the Department's first adopted permitting requirements for UST systems in 1990 (22 N.J.R. 2758(a)), allowing installation and modification of qualifying UST systems to proceed without prior Department approval. Systems that did not meet the requirements of N.J.A.C. 7:14B-10.1(b) were subject to Department oversight through the permitting process. The owners and operators who installed secondarily contained and interstitially monitored systems chose the benefit of proceeding without a permit (and, therefore, without Department oversight) in exchange for installing and maintaining secondary containment and interstitial monitoring. It does not make sense for the Department to amend the rules to allow the owner and operator to stop maintaining the system that was installed.

14. COMMENT: The Department's use of the term "less protective method of release protection" at 49 N.J.R. at 1123 suggests that annual line tests represent a less protective method of release detection than the combination of interstitial monitoring and containment sump testing. Evaluation and comparison of the hourly pass/fail criteria and the sensitivity for both line testing and sump testing reveals that annual line testing is more sensitive.

A small leak in a pressurized line can exit at close to six times the rate of detection a line test provides, can be transmitted to a leaking containment sump, be released to the environment, and still not be identified as a leak when triennial testing of the sump is conducted, due to its volume being less than the sensitivity of the sump test. A comparison of the sensitivities of the methods is included with these comments.

Annual line testing coincides with the requirement to inspect sumps annually, increases the frequency of testing the line, subjects the line to test conditions, seeks out leaks in their earliest stages, and is an approved release detection method. The Department's position that allowing the UST owner and operator to elect to perform annual line testing in the place of maintaining interstitial monitoring is contrary to the EPA UST Final Rule, is more stringent than the EPA UST Final Rule, violates N.J.S.A. 58:10A-25, violates Governor Christie's Executive Order No. 2, and is less protective of the environment because the investigation to identify a leak in components is less frequent.

The Department's position is also inconsistent with N.J.A.C. 7:14B-5.11(a)2, which allows the owner and operator to either test each double walled containment device every three years, or inspected every 30 days as part of a walkthrough inspection. Likewise, it is inconsistent with N.J.A.C. 7:14B-5.10(a)1i, the equivalent citation for interstitial monitoring of spill containment devices. (3)

15. COMMENT: The Department's proposal to limit older double walled piping systems to interstitial monitoring as the only method of release detection is short sighted. Pressurized line leak detection (PLLD) is in widespread use and capable of meeting the release detection requirements of N.J.A.C. 7:14B-6.6 and 6.5. PLLD technology scrutinizes the entire piping run including sections of double walled piping that is otherwise not subject to secondary containment testing under the proposed Department rules. A PLLD configured for 0.2 gallon per hour leak test has detected a line leak well before a piping sump (liquid) sensor detected the leak.

The Department should allow all methods of piping release detection permitted by N.J.A.C. 7:14B-6.6. This approach could enhance leak detection capability. For example, if the Department were to allow owners of older double walled piping systems to utilize PLLD to conduct 0.2 gallon per hour leak testing as a method of release detection, many UST owners and operators may elect to install PLLD and keep sump (liquid) sensors. Two redundant methods are certainly better than a single method. The EPA UST Final Rule does not require double walled UST system constructed before April 11, 2016, to use interstitial monitoring for piping release detection, therefore, the Department's proposed rule exceeds the Federal requirement. (9)

RESPONSE TO COMMENTS 14 AND 15: N.J.A.C. 7:14B-6.5(a)7 describes how to conduct interstitial monitoring as release detection on an UST system, including the piping as defined at N.J.A.C. 7:14B-1.6. Interstitial monitoring is inherently more protective than other release detection methods because, when designed and operated properly, the monitoring equipment operates either continuously or no less than once every 30 days to detect any leaks from the UST system. This method is employed in conjunction with secondary containment, such as double walled tank and piping systems, secondary barriers, or internally fitted tank liners, which serve the dual purpose of permitting detection of the leak and preventing the leaking hazardous substances from being released to the surrounding environment. The key difference between interstitial monitoring and line testing is that interstitial monitoring is associated with secondary containment, which is designed to hold any hazardous substances until it can be detected and removed. Line testing, either annually or performed by a PLLD, does not require the secondary containment equipment that prevents the hazardous substance from reaching the environment.

Other release detection methods, such as annual line tests or PLLD, are acceptable methods of release detection; however, these testing methods do not prevent the release of hazardous substances into the environment. Secondary containment collects a leak of hazardous substance, and the monitoring equipment, such as a liquid sensor located within the containment area, detects the presence of liquid and potential leak. The adopted rules require annual testing of electronic and mechanical release detection components, such as liquid sensors and probes, as part of the UST system ( N.J.A.C. 7:14B-6.1(h)) in addition to the integrity testing of containment (N.J.A.C. 7:14B-5.11). An annual [page=414] line test may have a higher sensitivity of 0.1 gallons per hour (gph) for detecting a leak, and is accepted as a method of leak detection for one year. However, the piping or ancillary equipment can become compromised and potentially leak undetected at a slow rate (below three gph, which is the rate that activates the automatic line leak detector) during the other 364 days of the year. A PLLD can be programmed to run tests on a more frequent basis, with detection rates of 0.1 gph, 0.2 gph, and 3.0 gph and is an acceptable, reliable method of release detection for piping, but annual line tests and PLLD do not require the additional protective component of secondary containment designed to prevent a release of hazardous substances into the environment. Similarly, other release detection methods identified in N.J.A.C. 7:14B-6.5 and 6.6 are acceptable; however, with these methods the indication of a problem is given after the leak occurs. This has the potential of allowing hazardous substances to be released into the surrounding environment. The amended rules do not preclude an owner or operator of a double walled piping system from installing PLLD in addition to interstitial monitoring.

The Department does not consider its position on maintaining interstitial monitoring for piping inconsistent with the provisions of N.J.A.C. 7:14B-5.11(a)2 or 5.10(a)1i, which allow an owner the option to perform a test instead of interstitial monitoring for double walled containment devices. UST tanks and piping contain hazardous substances on a continuous or routine basis, so the Department feels it is reasonable to require tanks and piping already equipped with interstitial monitoring to maintain it as the primary method of release detection. Maintaining interstitial monitoring for secondarily contained tanks and piping is also consistent with the permitting provisions ( N.J.A.C. 7:14B-10.1(b)) discussed in the Response to Comments 11, 12, and 13. Containment devices (sumps or spill buckets) function as a secondary barrier, designed to contain hazardous substances only until they are detected and removed and, unlike tanks and piping, are accessible for visual inspections. It is important for the containment devices to function as a liquid tight structure, but integrity testing may be performed less often because the containment devices do not continuously or routinely contain hazardous substances. Spill prevention equipment and containment sumps also require visual inspection monthly and annually, respectively (N.J.A.C. 7:14B-5.12), which provides an additional method of integrity monitoring not available for tanks and piping located underground.

16. COMMENT: The EPA UST Final Rule and the Department's proposed rules require periodic testing of containment sumps used for interstitial monitoring. In addition to the great expense of conducting the test, many early iterations of secondary containment piping sumps were neither designed nor installed with provisions for future testing. Experience testing secondary containment systems in many areas outside of New Jersey reveals that under-dispenser containment is the primary challenge, as it was often installed with no way to isolate the dispenser containment area from the piping secondary (interstitial area). In these instances, it is often necessary to remove the entire fuel dispenser pump to gain access to the under-dispenser containment area and install a test boot to isolate the piping in order to perform testing. This dispenser removal, replacement, and test boot installation often costs significantly more than the cost of installing a PLLD to conduct 0.2 gallon per hour line testing.

The economic analysis the Department provided for piping sump testing is inadequate. A vast majority of secondary containment structures will be tight and great cost will be expended isolating this containment from piping interstitial areas. Additional cost will be incurred to perform the actual testing and dispose of hydrostatic test water. The Department's economic analysis assumes that all existing piping containment sumps are not tight, and secondary containment monitoring is the only effective method to identify leaks. (3 and 9)

17. COMMENT: The owners and operators of double walled UST piping systems installed prior to April 11, 2016, should be able to choose other methods of release detection and not be forced to use or rely on interstitial monitoring. Interstitial monitoring forces owners and operators to routinely test their legacy containment sumps, which may not be able to pass a test according to current industry standards. This places a serious financial burden on owners who were proactive in the past to repair these systems when there is no incentive or requirement for owners of single-wall pressurized piping systems (which are more of a threat to the environment) to upgrade to a better technology to help prevent releases. (7)

RESPONSE TO 16 AND 17: The Department commends owners who installed UST systems with secondary containment as a protective measure before it was required. However, if the systems are to remain in use, they must be tested and maintained in accordance with their design. By definition, containment devices, sumps, and systems are liquid tight structures that provide containment of any release of a regulated substance. The requirement that containment devices (sumps) be tested every three years if pipes are interstitially monitored is consistent with the Federal regulations.

The Department agrees with the EPA's response to comment in its UST Final Rule, which stated, "EPA believes that both new and existing containment sumps used for interstitial monitoring need to be liquid tight so regulated substances can be contained and detected. EPA acknowledges that some containment sumps may not pass the initial test. Owners and operators will need to repair or replace failed containment. EPA believes liquid tight sumps prevent releases from reaching the environment. As with spill prevention equipment testing, EPA allows vacuum, pressure, or liquid filled methods to be used as options for testing containment sumps."

There is a variety of UST system designs and equipment that complies with the rules. Owners and operators with UST systems designed with secondary containment and interstitial monitoring must ensure that those systems are protective of the product they contain and the surrounding environment. This requirement is consistent with the intent of the permitting exemption discussed in the Response to Comments 11, 12, and 13. Although owners of double walled piping systems may incur expenses associated with containment sump testing and/or repairs, the Department feels the cost to repair and maintain the components of the original UST system, as designed, is a reasonable business expense. If the owner and operator fail to maintain the secondary containment, or a facility does not have secondary containment, they risk the release of hazardous substances to the environment. Proper maintenance of the UST system protects the owner and operator from the higher costs associated with remediating a release.

18. COMMENT: The required methods for the integrity testing of containment sumps where interstitial monitoring of piping is performed are set forth at N.J.A.C. 7:14B-5.11(a)1i, ii, and iii. The EPA updated its published "Questions and Answers about the 2015 Underground Storage Tank Regulation" in May 2017, which specifically includes its determination of the protectiveness that low-level containment sump testing provides when the interstitial monitoring system positively shuts down fuel dispensing operations. The EPA used this alternative method of low-level containment sump testing to illustrate an example of a package of measures that can provide an equally protective alternative that is "no less protective" under 40 CFR 280.35(a)(1)(ii)(C) than the sump test specified in Petroleum Equipment Institute's Recommended Practice RP1200 (PEI RP1200). Owners and operators should be permitted to rely on the EPA's determination of protectiveness to demonstrate the low-level containment sump testing method (an example outlined by the EPA in Questions and Answers About the 2015 Underground Storage Tank Rule) is no less protective than a method required by N.J.A.C. 7:14B-5.11(a)1. (3)

19. COMMENT: The Department should modify N.J.A.C 7:14B-5.11(a)1ii on adoption to state, "Testing of the containment devices to the point where the sensor goes into alarm, ensuring positive shutdown of the system." The Department should delete the requirement to test the sump to four inches above the highest intrusion as stated in PEI RP1200 (the incorporated code of practice). The RP1200 testing method submerges electrical components located within containment devices (sumps) that are not designed to be water tight, otherwise they would not be "explosion proof" rated. Testing a containment sump to a level above the highest intrusion also creates additional cost for an owner to dispose of contaminated water (300 to 500 gallons of contaminated water per sump). (10 and 12)

20. COMMENT: The Department should provide clear guidance for how an owner and operator can demonstrate an alternate containment [page=415] testing method as permitted by N.J.A.C. 7:14B-5.11(a)1iii and other areas of the regulation where this language is used. More specifically, is review and concurrence by the Department expected, or is this assessment solely the responsibility of the tank owner or operator? The Department should add an allowance to N.J.A.C. 7:14B-5.11 for methods determined to be acceptable by the EPA, other than the current industry standard PEI RP1200. Petroleum Marketers Association of America and the EPA have stated that alternative methods may be used to comply with the containment sump testing requirement and allowing for "low-level" testing, as long as sensors are installed in the proper position in the containment sumps and these sensors are programmed for positive shut down of the turbine pumps if a leak is detected. The Department's rules need to be clear on whether or not alternative test procedures such as this will be allowed to be used to demonstrate compliance with containment sump testing and proving the containment sumps are liquid-tight. (7 and 9)

RESPONSE TO COMMENTS 18, 19, AND 20: N.J.A.C. 7:14B-5.11(a)1iii allows testing of a containment device to be by a method demonstrated to be no less protective than manufacturer's requirements, or PEI RP1200, which is incorporated into the rule by reference. The Department has determined the code of practice established by PEI RP1200 is currently the best available guidance to provide owners and/or testers of containment devices and to exclude it from the adopted rule would be inconsistent with the EPA UST Final Rule. Accordingly, the Department is not modifying the rule on adoption, as suggested.

Commenters note that the EPA has provided guidance that low-level containment sump testing under certain circumstances is no less protective than the methods allowed at N.J.A.C. 7:14B-5.11(a)1i and ii. The Department is taking the EPA's guidance under consideration. However, as the implementing agency, the Department has the responsibility to make a determination of protectiveness independently as it pertains to compliance with the Department's UST rules. This position is consistent with the EPA's UST Final Rule, 40 CFR 280.35(a)(1)(ii)(C).

The Department acknowledges the concerns regarding costs and difficulties to perform the established testing method, and is evaluating alternative methods of containment device testing. The regulated community will be provided additional guidance on this matter through postings on the Department's website and through outreach by the Department's Compliance and Enforcement staff. For owners and operators seeking to perform a method of testing consistent with N.J.A.C. 7:14B-5.11(a)1iii, or similar provisions, the Department recommends the owner and/or operator check with the Department before relying on an alternate method for compliance. The Department will be able to tell them whether the method meets the rule's requirements.

21. COMMENT: Remove requirements at N.J.A.C. 7:14B-6.5 for product inventory control, specifically for systems that have double walled piping, double walled tanks, submersible turbine pump sumps, and under-dispenser containment sumps. (8)

RESPONSE: The Department interprets this comment as referring to the inventory control requirements of N.J.A.C. 7:14B-6.5(a)4ii to be conducted with automatic tank gauging tests as a method of release detection. The commenter has provided no explanation or support for the request to remove the requirement. The requirement to conduct inventory control as part of the automatic tank gauging method of leak detection is not proposed for amendment or deletion in this rulemaking. Additionally, it is consistent with the EPA regulations. The Department is not modifying the rule on adoption.

22. COMMENT: At N.J.A.C. 7:14B-9, the Department proposes to allow only those tanks with secondary containment that remain out of service for more than 12 months to be put back in service. Single walled UST systems that have been re-lined and pass tank tightness testing should also be permitted to be put back in service after being out of service for 12 months. (10)

RESPONSE: Adopted N.J.A.C. 7:14B-9.1(c) allows owners and operators to request that an UST system with secondary containment remain out-of-service for a period of more than 12 months by submitting documentation to the Department in accordance with N.J.A.C. 7:14B-9.1(c)1 or 2. A single-walled UST system may be put back into service, provided it meets the requirements of N.J.A.C. 7:14B-9.1, and has been out of service for less than 12 months. Lining or re-lining a single walled UST involves applying a layer of dielectric material (generally epoxy) on the inside of the tank. The adopted rule allows lining of steel or fiberglass tanks determined to be structurally sound via an internal inspection, provided the internal lining is installed in accordance with the repair requirements of N.J.A.C. 7:14B-5.4. In the Department's experience, internal linings are often applied to tanks to resolve a structural failure or problem with the integrity of the tank, and in the case of single walled USTs the Department would prefer the out-of-service tank be closed and replaced with a double walled (secondarily contained) UST system.

The secondary containment requirement for all newly installed and replaced UST systems is effectively phasing out single walled tanks. Allowing an owner and operator of a single walled UST 12-months to perform necessary repairs or upgrades, such as internal lining, on out-of-service tanks is intended to encourage the facility to act in a timely manner. Otherwise the single walled tank needs to be closed and/or replaced with a double walled UST, which aligns with the Federal and State regulatory goals of preventing environmental releases.

As discussed in the notice of proposal Summary at 49 N.J.R. 1129, limiting requests for out-of-service extensions to UST systems with secondary containment is consistent with the EP Act and the EPA's Secondary Containment Guidelines requiring additional protective measures to prevent ground water contamination. The Department's intention in amending the rule is to prevent releases of hazardous substances. If an UST system is out of service for 12 months or more, the presence of secondary containment and compliant corrosion protection makes it less likely that the system will leak.

Spill and Overfill Prevention Equipment

23. COMMENT: The provisions of N.J.A.C. 7:14B-5.10 relating to spill and overfill prevention equipment should be revised to match the Federal rule. N.J.A.C. 7:14B-5.10(a)1ii requires testing of spill prevention equipment at the time of installation or, if installed prior to October 13, 2015, no later than October 13, 2018, and at least once every three years thereafter, by using various approved methodologies. The Federal rule provides an initial interval for testing within three years of the effective date, October 13, 2015, but thereafter only requires testing based on manufacturer's requirements, code of practice, or method that the owner or operator demonstrates is no less protective of human health and the environment. (5)

RESPONSE: It is unclear how the commenter is reading N.J.A.C. 7:14B-5.10. N.J.A.C. 7:14B-5.10(a)1ii requires testing of spill prevention equipment at installation and at least once every three years, which is generally equivalent to the Federal regulation at 40 CFR 280.35(a)(1)(ii). Specifically, N.J.A.C. 7:14B-5.10(a)1ii requires testing "in accordance with... [r]equirements developed by the manufacturer... [a] code of practice developed by a nationally recognized association... or... [a] method that the owner and operator demonstrate is no less protective of human health and the environment." The EPA UST Final Rule combines testing of containment sumps used for interstitial monitoring of piping with testing spill prevention equipment. The requirements for testing containment sumps where interstitial monitoring of piping is performed are in N.J.A.C. 7:14B-5.11.

N.J.A.C. 7:14B-5.10(b) requires owners and operators of UST systems installed prior to October 13, 2015, to perform initial testing and inspections no later than October 13, 2018 (or such later date as EPA may determine, as discussed in the Response to Comments 54 and 55). This is consistent with the Federal regulations at 40 CFR 280.35(b)(1). The owner and operator of an UST system (other than a regulated heating oil tank system) installed on or after October 13, 2015, must begin the testing and inspections required by N.J.A.C. 7:14B-5.10(a) at the time of installation, which is consistent with the Federal regulations at 40 CFR 280.35(b)(2). Testing and inspections of regulated heating oil tank systems installed on or after October 13, 2015, must begin on or before October 13, 2018 (or such later date as EPA may determine, as discussed in Response to Comments 54 and 55).

24. COMMENT: The Department's rules should require testing of the spill buckets on a yearly basis rather than every three years as currently [page=416] proposed. These devices deteriorate within a three-year period. The spill bucket's main function is to contain free standing product. (12)

RESPONSE: When combined with periodic visual checks via the walkthrough inspection, the required testing should adequately ensure spill prevention equipment operates properly. The requirement at N.J.A.C. 7:14B-5.10(a) that spill prevention equipment (spill buckets) be tested every three years is the same as the Federal requirements at 40 CFR 280.35. In accordance with the Water Pollution Control Act, State standards for spill prevention equipment should be substantially identical (or no more stringent than) the Federal requirements.

25. COMMENT: At N.J.A.C. 7:14B-5.10(d), the Department has expanded its requirement that both spill and overfill equipment be repaired or replaced if deficient. The Department requires spill prevention equipment to be tested every three years. The Department's rules should provide the option of installing double walled spill buckets that are both monitored by walk-through inspections and also have interstitial monitoring be deemed as meeting the requirements or tested every three years. (10)

RESPONSE: N.J.A.C. 7:14B-5.10(a)1 provides the alternative that the commenter suggests by requiring that spill buckets be constructed with two walls with interstitial monitoring and inspected at least every 30 days, or be tested every three years.

26. COMMENT: The Department should clarify the overfill inspection requirements at N.J.A.C. 7:14B-5.10(a)3. The EPA allows a supplemental high-level alarm to be used to satisfy the overfill prevention equipment inspection requirements when an overfill prevention shut off device installed within the fill pipe cannot be removed for inspection due to its configuration or to having become "frozen in place" over time. A high-level alarm installed to signal when the tank has reached 90 percent of capacity offers a second tier of protection and can more easily be inspected in future years. Thus, if an overfill device cannot be removed to be inspected, the owner/operator can be exempt from the three-year inspection requirement if the owner/operator installs a second overfill prevention system and initiates testing of same. The Department should allow for the same during field inspections, and should offer the regulated community suggestions on compliance alternatives. (3)

RESPONSE: The purpose of the overfill prevention equipment inspections at N.J.A.C. 7:14B-5.10(a)3 is to ensure the overfill method or device complies with the performance standards for an UST system to prevent spilling and overfilling. The performance standards for overfill prevention equipment at N.J.A.C. 7:14B-4.1(a)3ii(1), (2), and (3) provide three alternatives for compliance, including a high-level alarm. Therefore, the Department will accept a high-level alarm, provided the equipment meets the performance standard requirements of N.J.A.C. 7:14B-4.1(a)3ii, and the alarm is inspected in accordance with N.J.A.C. 7:14B-5.10(a)3. The owner of an UST system equipped with two (or three) overfill prevention devices must ensure the alternative methods of overfill prevention do not interfere with the primary overfill prevention equipment or other components of the UST system.

Operation and Maintenance Walkthrough Inspections

27. COMMENT: Proposed N.J.A.C. 7:14B-5.12(a)1ii, requiring annual containment sump inspections, is appropriate and aligns with the Federal rule. (5)

RESPONSE: The Department acknowledges the commenter's support for the rule.

28. COMMENT: Clarify whether N.J.A.C. 7:14B-5.12(a)1ii applies to product lines. The UST rules should specify which facilities have to test, and which have to perform interstitial monitoring. Double walled systems installed prior to April 11, 2016, should be able to use annual tightness testing, statistical inventory reconciliation, or any other approved method of release detection monitoring. (10)

RESPONSE: N.J.A.C. 7:14B-5.12(a)1ii(1), (2), and (3) require a walkthrough inspection at least once a year, or as appropriate to the UST facility. The walkthrough inspections must include a visual check of each containment device/sump, each dispenser cabinet and under-dispenser containment, and each device such as tank gauge sticks or ground water bailers located at a facility. The visual checks performed pursuant to N.J.A.C. 7:14B-5.12(a)1ii will include product lines, to the extent the piping is visible within the containment devices and dispenser cabinets being checked.

When the containment devices and under-dispenser containment are the areas where interstitial monitoring of piping is performed, the owner and operator must comply with N.J.A.C. 7:14B-5.11, Integrity testing of containment devices where interstitial monitoring of piping is performed. To ensure the containment device is functioning, the owner and operator can test each containment device at least once every three years, or if the containment device is double walled, the owner and operator can monitor and check the interstitial area (between the inner and outer walls of the structure) at least annually. The requirements to perform either testing or interstitial monitoring of containment devices is limited to those facilities interstitially monitoring the UST piping in the containment area. Most facilities will need to perform testing of the containment device; only the facilities that have installed double walled containment devices where interstitial monitoring or piping is performed would be able to select the second option of monitoring the interstitial area of the containment device.

Methods of release detection monitoring for double walled systems installed prior to April 11, 2016, is discussed in the Response to Comments 11, 12, and 13 and 14 and 15.

Compatibility

29. COMMENT: The EPA's updating of the compatibility section of the Federal regulations was primarily focused on petroleum containing greater than 10 percent ethanol and 20 percent bio diesel. Proposed N.J.A.C. 7:14B-5.3 does not convey the original intent of 40 CFR Part 280, and could result in older UST systems becoming obsolete. The Department should clarify N.J.A.C. 7:14B-5.3, so that the rule is consistent with Federal regulations in that proving compatibility is limited to systems containing petroleum when it contains greater than 10 percent ethanol and 20 percent biodiesel. (9)

RESPONSE: N.J.A.C. 7:14B-5.3 addresses the variety of fuel blends, in addition to alcohol blends, that have become available across the fuel market. In order to prevent releases into the environment, it is important that each UST system be compatible with the regulated substance stored in the system. The Federal rule at 40 CFR 280.32(b) states, "owners and operators must notify the implementing agency at least 30 days prior to switching to a regulated substance containing greater than 10 percent ethanol, greater than 10 percent biodiesel, or any other regulated substance identified by the implementing agency." The Department is the implementing agency. Accordingly, N.J.A.C. 7:14B-5.3(b), which repeats the Federal rule, substituting "the Department" for "the implementing agency" and providing a means of notification, is consistent with its Federal counterpart.

30. COMMENT: N.J.A.C. 7:14B-5.3(b) requires owners and operators to demonstrate compatibility of UST system equipment and components with any regulated substance that contains greater than 10 percent ethanol or greater than 20 percent biodiesel, or any other regulated substance identified by the Department. The Department should allow qualified individuals, such as professional engineers, certified tank contractors, certified lining inspectors, and manufacturer certified tank technicians to certify a tank is compatible with its contents. (10)

RESPONSE: The adopted amendments for determining compatibility are consistent with the Federal regulations at 40 CFR 280.32, and apply to the UST system equipment and components, not only to the tank. Although the commenter recommends that certain licensed or certified professionals be authorized to certify that a tank (or UST system) is compatible with its contents, the comment does not provide documentation that any of the suggested professionals is required to have knowledge or experience with compatibility or fuel blends and/or ancillary UST equipment. In the absence of such knowledge or experience, the certification of one of the identified professionals is not as protective of human health and the environment as the certification or listing of the UST system equipment or components by a nationally recognized, independent testing laboratory ( N.J.A.C. 7:14B-5.3(b)1) or the written statement of compatibility from the equipment or component manufacturer ( N.J.A.C. 7:14B-5.3(b)2).

[page=417] Rules Unrelated to Federal Requirements

Regulated Heating Oil Tank Systems

31. COMMENT: New Jersey regulates certain heating oil USTs that are not Federally regulated, which the proposed rules refer to as "regulated heating oil tank systems." The Department's proposed amendments and new rules would require owners of regulated heating oil tank systems to comply with all of the requirements of the EPA UST Final Rule by October 13, 2018. Due to the significant revisions to rules related to such items as inspections, operator training, and recordkeeping, the EPA UST Final Rule felt compelled to offer a three-year phase-in period. The Department should provide the same phase-in period for regulated heating oil tank systems. (1, 3, 4, 5, and 11)

RESPONSE: The rules do not require regulated heating oil tank systems to comply with all Federal standards by October 13, 2018. As stated in the notice of proposal Summary, 49 N.J.R. at 1122, if the Federal requirement is not yet applicable (such as the spill and overfill prevention equipment provisions for UST systems at N.J.A.C. 7:14B-5.10 that do not apply until October 2018), then the rules apply to regulated heating oil tank systems and Federally regulated UST systems on the same future date. If the Federal requirement is already in effect, the Department is allowing regulated heating oil tank systems a period of time to comply with the corresponding provision in the rules, which period of time is the same as the Federal rules provided when they were promulgated. For example, the secondary containment requirements for new regulated heating oil tank systems will apply to such systems installed on and after July 15, 2018.

October 13, 2018 (or such later date as EPA may determine, as discussed in the Response to Comments 54 and 55), is the compliance date for such provisions as operator training, spill prevention equipment testing, overfill prevention equipment inspections, testing of containment devices where interstitial monitoring of piping is performed, release detection equipment testing, and walkthrough inspections. Of these, only the operator training requirement has no counterpart in the Department's prior rules. The required testing and inspections are common and often routine maintenance procedures; some of these requirements, such as walkthrough inspections and parts of the release detection equipment testing, are required in the Department's prior rules.

Requiring all UST systems (of which regulated heating oil tank systems are a small subset) to comply with the rules on or before the same future date simplifies both implementation and enforcement. Delaying the requirements for implementing protective measures, such as operator training and routine equipment testing and inspections is not consistent with the goals of the UST rules, which is to prevent releases of hazardous substances and groundwater contamination from USTs.

32. COMMENT: The proposed compliance date for regulated heating oil tank systems is in direct violation of N.J.S.A. 58:10A-29.b, which states the deadline for State only regulated tanks is five years after the deadline for Federally regulated tanks. (3)

RESPONSE: N.J.S.A. 58:10A-29.b extended the December 22, 1998, deadline for owners and operators to meet the requirement to upgrade tanks with a capacity of over 2,000 gallons used to store heating oil for onsite consumption in a non-residential building, that is, solely State-regulated tanks. N.J.S.A. 58:10A-29.b does not grant solely State-regulated tanks an additional five years to comply with any UST rule amendments in perpetuity. In fact, under N.J.S.A. 58:10A-29.b an owner or operator was allowed to use the extension only if he or she satisfied the requirements of N.J.S.A. 58:10A-29.1. N.J.S.A. 58:10A-29.1 required the owner or operator to have entered into a contract for the provision of leak detection testing on the UST, performed the testing no later than August 31, 1999, and every 36 months thereafter, and provided a copy of such contract to the Department by December 22, 1998, in order to be entitled to the five-year extension. The Legislature adopted N.J.S.A. 58:10A-29.b and 58:10A-29.1 at the same time in 1998, a few months before the December 22, 1998, compliance deadline in the UST rules. When one reads N.J.S.A. 58:10A-29.b and 58:10A-29.1 together, it is evident that the five-year extension was intended for one-time application in 1998.

Wellhead Protection Area Definition, Design Requirements

33. COMMENT: When the Department's UST rules were first promulgated, the date of September 4, 1990, was established to define which USTs predated the rule and which USTs were placed in service after the rule. In much the same way, the EPA UST Final Rule established April 11, 2016, as the date after which all new USTs must meet double walled construction with interstitial monitoring requirements. Tanks placed in service prior to the effective date of the amendments, installed or modified in accordance with regulations in effect as of the date of installation, and which continue to operate in compliance with those regulations, can remain in service until such time as significant repairs are needed or replacement is elected. Nothing in the EPA UST Final Rule requires that an existing compliant tank be removed from service prior to its falling out of compliance with rules in effect at the time of installation.

In 1990, N.J.A.C. 7:14B-4.1(b)1 was needed to specify the performance standard of tanks installed in a wellhead protection area going forward. Given that proposed N.J.A.C. 7:14B-4.1(a)1v requires tank systems to have double walled construction, N.J.A.C. 7:14B-4.1(b) is unnecessary. Further, the proposed rule imposes a performance standard on past installations. For the past 27 years, the definition of wellhead protection area has been a simple function of distance. The Department models wellhead protection areas on two-year, five-year, and 12-year contaminant transport, but offers no clarity on its application. Accordingly, UST sites that are currently compliant but are not secondarily contained, or not interstitially monitored, and were not previously within a wellhead protection area, may now be located within the confines of the newly defined wellhead protection area. This is a serious change that will have severe implications to small business owners who fall in this category. Many USTs have been installed after September 4, 1990, and could fall in this category.

The EPA UST Final Rule does not require regulated tanks located within 1,000 feet of an existing community water system or an existing potable drinking water well that are not now secondarily contained to install secondary containment. These tanks are subject only to the performance standards and secondary containment standards in effect at the time of installation. The citation at N.J.A.C 7:14B-4.1(b) creates a requirement that is more stringent than the Federal rule and is no longer necessary, as the Federal rule now provides the protection New Jersey sought in 1990. Accordingly, the rule should be deleted because it imposes upgrade requirements on existing, compliant tanks. Meanwhile, tanks that are older than September 1990, that are of single walled construction, and/or do not use interstitial monitoring, remain exempt from any upgrade requirement proposed under this rule regardless of proximity to a wellhead protection area, providing existing systems are maintained.

The Department's proposal for such a significant change to the definition of wellhead protection area is disappointing, is different from the previous May 2015 proposal and documents shared with stakeholders, and violates Executive Order No. 2 paragraph 1a. (3 and 10)

34. COMMENT: The proposed change to the definition of a wellhead protection area greatly expands the locations and, therefore, potentially results in many UST sites being out of compliance with the secondary containment and interstitial monitoring requirements upon the effective date of this rule adoption. The Federal rule allows existing tanks that were in compliance with regulations at the time of installation, on or after September 4, 1990, to remain in service until any significant repairs are needed or a replacement is elected. The Department's proposed rule imposes an upgrade requirement on existing USTs installed on or after September 4, 1990, while the Federal rule states that tanks are only subject to the performance and secondary containment standards in effect at the time of installation. The Department should remove "on or after September 4, 1990" from the regulations at N.J.A.C. 7:14B-4.1(b) and 6.4(a)2. (5)

35. COMMENT: The proposed amendment of the definition of "wellhead protection area" will require tank owners to follow New Jersey's DGS02 "Wellhead Protection Areas for Public Community Water Supply Wells in New Jersey." The Department's DGSO2 includes [page=418] mapping tools based on well proximity and time of travel data. Depending on the time of travel category selected the wellhead protection area grows markedly.

This amendment to the definition is significant, as N.J.A.C. 7:14B-6.4 includes requirements for facilities within wellhead protection areas. The compliance date for these facilities is September 4, 1990. The Department's redefining of a wellhead protection area has the potential to make many UST facilities instantaneously non-compliant with the long past September 1990 compliance date.

The Federal rules define a wellhead protection area as 1,000 feet from a public community well. Depending on the Department's DGSO2 criteria, selected wellhead protection areas can now exceed 4,000 feet in distance. The Department's economic impact assessment takes no consideration for this apparent increase in potential doubling of facilities within wellhead protection areas. There will be urgent compliance costs, as well as consulting costs in inferring the data contained in DGS02 as this is most likely beyond the capability of the average tank owner to determine. (9)

RESPONSE TO COMMENTS 33, 34, AND 35: The amended definition of wellhead protection area and the corresponding amendments to the performance standards ( N.J.A.C. 7:14B-4.1) and release detection provisions ( N.J.A.C. 7:14B-6.4) do not apply retroactively. UST systems installed prior to the effective date of the new and amended rules and located outside of the previously defined wellhead protection area, will not be required to comply with wellhead protection area requirements until the facility installs a new UST system. Accordingly, there will be no increased costs for compliance or economic impacts to consider with the effective date of this rule provision. New tanks must take into account the amended definition of wellhead protection area, and meet the applicable standards. Additionally, the Department has determined the requirements at N.J.A.C. 7:14B-4.1(b) and 6.4(a)2 must be maintained in the adopted rule to ensure any UST systems installed in wellhead protection areas between September 4, 1990 and April 11, 2016, comply with the applicable secondary containment and release detection requirements.

As discussed in the notice of proposal Summary, 49 N.J.R. at 1135, the amended definition reflects up-to-date wellhead protection area delineations that conform to the definition within the State Act. The prior definition established a protection area based upon the hazardous substance stored in the UST system; however, the State Act at N.J.S.A. 58:10A-22 defines "wellhead protection area" as an aquifer area described in a plan view around a well, from within which ground water flows to the well and through which ground water pollution, if it occurs, may pose a significant threat to the water quality of the well. The wellhead protection area is delimited by the use of time-of-travel and hydrologic boundaries. According to the Basis and Background Document for the Proposed Underground Storage Tank Rules (June 1989), in support of the amendments to the UST rules that were operative in 1990 (22 N.J.R. 242(a); 2758(a)), the prior definition intended the specific radius distances from public community or public noncommunity water systems wells serve as an interim measure until the Department could complete delineations. The Department has since completed delineations of the public community and non-community water supply wells in New Jersey and provides mapping tools, data, and delineation guidelines at the Geological and Water Survey website, http://www.nj.gov/dep/njgs/functions/index.htm.

Registration Requirements and Procedures

36. COMMENT: On an annual basis, the owner or operator submits an updated financial responsibility insurance certificate when the policy number changes, which may be on a different renewal cycle than the UST registration period. For example, an owner and operator may renew the UST registration on March 1st, but the insurance policy renews on August 1st with a new policy number (same insurance carrier and coverage amounts). Please clarify that the annual registration satisfies the annual insurance coverage documentation, and the owner and operator is not required to send the Department an updated insurance certificate when the policy number changes at the renewal. (5)

RESPONSE: N.J.A.C. 7:14B-2.2(c)9 requires that the owner and each operator of a UST facility provide certain information evidencing the maintenance of financial responsibility assurance in order to obtain an initial UST facility registration. N.J.A.C. 7:14B-2.1(b)6 requires that the owner and operators amend the UST facility registration within 30 days of termination, modification, addition, or other change to the financial responsibility assurance. As observed in the notice of proposal Summary, 49 N.J.R. at 1140, ordinarily financial responsibility assurance is in the form of an insurance policy, which usually is issued for a one-year term. Often the term or period of coverage of a financial responsibility policy will not coincide with the annual registration renewal cycle. In such cases, the owner and operators are required by N.J.A.C. 7:14B-2.1(b)6 to amend the UST facility registration to provide the new financial responsibility insurance information not submitted at the time of registration renewal. To comply with this reporting requirement, the owner and operators typically will need to amend the UST Facility Certification Questionnaire once a year, notifying the Department of the new coverage period of the policy and the other insurance information required by the rule to demonstrate continued maintenance of financial responsibility assurance. As amended, the rule requires that the entire insurance policy (or other financial responsibility mechanism) be furnished with the amended Questionnaire. Electronic submittals of financial assurance documents through e-mail are acceptable and encouraged to reduce the volume of paper submittals. There is no fee for amending the Questionnaire, so the burden on the regulated community is minimal.

The requirement that the UST Facility Certification Questionnaire be amended to reflect changes in financial responsibility insurance will assist owners and operators in complying with the requirement that they maintain continued financial responsibility assurance until the UST facility is remediated, where necessary, and properly closed. As provided in 40 CFR 280.113, "An owner or operator is no longer required to maintain financial responsibility under this subpart for an underground storage tank after the tank has been properly closed or, if corrective action is required, after corrective action has been completed and the tank has been properly closed as required by 40 CFR part 280, subpart G."

Pursuant to N.J.A.C. 7:14B-15.3, the Department has incorporated by reference the Code of Federal Regulations governing Federally regulated UST facilities. Requiring amendment of the Questionnaire to report changes in financial responsibility insurance coverage is essential for the Department to monitor compliance of owners and operators with their continuing obligation to maintain financial responsibility assurance until proper closure of the UST facility.

The Department is particularly concerned about potential gaps in financial responsibility insurance coverage. To comply with their financial responsibility assurance requirements, owners and operators should ensure there are no gaps in coverage following issuance of the first financial responsibility insurance policy. This means that each policy renewal or succeeding policy covering a UST facility should commence when the term of the last policy ends. It also means that each policy renewal or succeeding policy should incorporate the retroactive date in the preceding policy covering the UST system. If the retroactive date in the prior financial responsibility policy is not picked up in the succeeding policy, a gap in the continuous financial responsibility insurance is created.

37. COMMENT: It is much more efficient for the owner or operator to certify that the UST facility is in compliance with operator training requirements, rather than designate each Class A and Class B operator on the registration. The requirement that the owner and operator amend the registration to designate each Class A and Class B operator can result in needless penalties and creates unnecessary administrative burdens for owners and operators, as well as the Department. Also, the Federal rule and other states do not have a similar requirement. (5 and 13)

38. COMMENT: Only Class A operators should be listed on the UST registration. The requirement to amend the UST registration every time there is a change in Class B operators is cumbersome and burdensome to the regulated small business community. (10)

RESPONSE TO COMMENTS 37 AND 38: Obtaining an UST facility registration is the initial step to determining compliance and verifying that an owner and operator have all the necessary components in place to operate the facility in accordance with UST rules. The UST [page=419] registration certificate is the Department's authorization to operate the UST facility and is obtained by submitting a complete UST Facility Certification Questionnaire. Beginning in October 2018 (or a later date, as discussed in the Response to Comments 54 and 55), the owner and operator must designate Class A and Class B operators. If the names of the trained Class A and B operators are included on the questionnaire, the Department can promptly and routinely confirm the facility is complying with operator training by reviewing the UST registration information. Identifying the Class A and Class B operators, even as the designated individuals change, allows the Department to more efficiently confirm compliance with the rules. If the names of the designated Class A and Class B operators were not required to be on the questionnaire, the only way for the Department to ensure that a facility is in compliance with training requirements would be to review the operator training records during an on-site inspection. If the Department issues a notice of violation to a facility for failure to designate a Class A or Class B operator, that violation is minor and will, in most cases, be eligible for a grace period. In many instances, the owner and operator may amend the registration information during the grace period and not incur a penalty; this may not be the case if the facility is repeatedly in violation of this requirement.

39. COMMENT: New property owners that have never owned or operated a site's UST system should be exempt from the registration requirements if the new owner is going to close the UST system. Local governments frequently acquire property through involuntary means (tax foreclosure, for example) and are faced with such situations. The Department has generally waived the long-term fees for such non-liable parties after discussions with Department professionals. The exemption should be written into the regulation to prevent unwarranted billing of "innocent" and/or "voluntary" parties. Voluntary parties will continue to close discovered orphan UST systems in accordance with current Site Remediation requirements, including oversight by Licensed Site Remediation Professionals. Should registration continue to be required to track the closure, the fees (at least) should be waived. (2)

RESPONSE: It is important that the Department and the public are aware of the location of all regulated USTs (existing and closed) within the State because USTs pose a risk to public health and the environment, specifically ground water resources. The Department learns of USTs through questionnaires that owners and operators submit to the Department to register the UST facility.

The Federal UST program began on November 8, 1984. As of that date, each owner of a Federally regulated UST was required to notify the designated state or local agency of the existence of an UST, specifying the age, size, type, location, and uses of the tank (40 U.S.C. § 6991a). In New Jersey, the Department is the designated State agency, and notification is through the questionnaire. "Owner," for purposes of the Federal notice requirement, means, in the case of an UST in use on November 8, 1984, or brought into use after that date, any person who owns an UST used for the storage, use, or dispensing of regulated substances. As to an UST in use before November 8, 1984, but no longer in use on November 8, 1984, "owner" means any person who owned the UST immediately before the discontinuation of its use (40 U.S.C. § 6991). Federal law does not require registration of USTs that were taken out of operation on or before January 1, 1974 (40 U.S.C. § 6991a(a)(2)(A)).

Often decades have passed since an UST was last operational, in which case locating the former owner is impractical, if not impossible. Accordingly, the EPA requires the new property owner to register the UST, even if the property owner is not the person who took the UST permanently out of use. "With regard to tanks in use on or after November 8, 1984, notification must be provided by the tank's current owner. If the tank was in operation on November 8, 1984, the current owner is responsible to provide notification under the statute even if the tank was permanently taken out of use after November 8, 1984, and even if the current owner was not the person who took the tank out of use. For example, if a tank was in use on November 8, 1984, but was taken out of use before it was sold to a new owner the following month, the new owner has the responsibility to notify even though the new owner had never used the tank to store regulated substances." Notification Requirements for Owners of Underground Storage Tanks, 50 Fed. R. at 46602-46618 (November 8, 1985).

Consistent with the Federal requirements, the Department considers the current property owner to be responsible for compliance with the registration requirements at N.J.A.C. 7:14B-2, if the UST contained a regulated substance at any time after January 1, 1974, and has not been previously registered.

The Department first required USTs to be registered in 1988. Adopted N.J.A.C. 7:14B-3.2(b) requires the owner and operator who failed to register the UST system and pay the necessary fees when initially required in 1988 or when the tank system was installed, whichever is later, to pay a registration fee for each year that the system was not closed in accordance with the rules. The owner of property on which there is an unregistered UST system may not be responsible for all of the outstanding registration fees. When the Department receives documentation showing the date of the transfer of the property to the owner, and indicating that the new owner was not the owner and/or operator at the time initial UST registration was required, the Department will adjust the registration fee owed for the UST facility. It is not necessary for the Department to modify the rule to indicate that the new property owner is not responsible for the previous registration fees. Adopted N.J.A.C. 7:14B-3.2(b) makes it clear that the owner and operator who failed to register the UST system and pay the necessary fees is responsible for paying the previous fees. The new owner is responsible only until the UST system is taken out of service and properly closed. When an owner purchases a property with the intention of closing the UST systems on the property, there is no way to know how long it will be until the closure takes place. Until the UST system is properly closed, it remains subject to the requirements of the UST rules, and Department oversight. The registration fee covers that oversight. Accordingly, the Department is not modifying the rule on adoption to do away with the registration fee for property purchasers who intend to close the UST systems on the property.

40. COMMENT: The installer's license does not qualify him or her to certify the design or capabilities of the system. This is the area of expertise of an engineer. This documentation should be obtained prior to the system installation. (12)

RESPONSE: The Department interprets this comment as referring to the requirement at N.J.A.C. 7:14B-2.2(h) that a certified tank installer certify on the questionnaire that an UST system and/or an out-of-service UST system is properly designed and capable of being put into service. The certification requirements for individuals and business firms to install UST systems are set forth at N.J.A.C. 7:14B-13. When an UST system is installed, a Department-certified individual must be on site during all activities; therefore, the certified individual is most familiar with the design and installation of the UST system, including whether the system complies with the manufacturer's requirements for proper installation and operation. Although an engineer may be involved in the installation of an UST system, an engineer is not required, meaning that an engineer may not be available to provide such a certification.

The Department does not obtain information about all UST system installations prior to installation because not all UST systems are subject to permit requirements (see, for example, N.J.A.C. 7:14B-10.1(b) and (c)). For these UST systems, there is no opportunity for the Department to obtain documentation in advance of installation. Certification on the questionnaire is applicable to all UST systems.

41. COMMENT: Throughout the proposed rules, the Department refers to the "Underground Storage Tank Facility Certification Questionnaire." The Department should also clarify in the regulations that the Department's "NJDEP Online" interface may also be used to meet the requirements and procedures applicable to UST registrations. (9)

RESPONSE: The Underground Storage Tank Facility Certification Questionnaire is available in hard copy or online. Where the rules refer to the Underground Storage Tank Facility Certification Questionnaire, the rules are applicable to either medium. No modification of the rules on adoption is necessary.

42. COMMENT: The Department should require that the change in ownership information be provided within 30 days after the change in ownership occurs. Proposed N.J.A.C. 7:14B-2.3(b) requires notice to the [page=420] Department of the change in ownership 30 days prior to an actual change in ownership. This is burdensome and prone to errors, as many ownership closings dates are changed often and greatly. (10)

RESPONSE: New N.J.A.C. 7:14B-2.3(b) requires the existing facility owner to notify the Department at least 30 days prior to the sale or transfer of the facility, and to provide information relating to the facility and the prospective owner. As discussed in the notice of proposal Summary (49 N.J.R. at 1137), the purpose of the new notice requirement is to provide the Department advance notice of a potential sale or transfer of a facility, and an opportunity to assist the new facility owner in obtaining an UST registration certificate. An UST registration certificate is not transferrable; therefore, unless and until the new owner obtains an UST registration certificate, the new owner may not operate the facility ( N.J.A.C. 7:14B-2.3(a)). The existing requirement that the new owner and operator amend the UST facility registration within 30 days after any change in ownership of the facility remains ( N.J.A.C. 7:14B-2.1(b)3). While the new owner does have an obligation to notify the Department after the sale or transfer, the Department has found a new owner may not become aware of this requirement until a violation has occurred. Requiring the existing facility owner to notify the Department in advance of the sale or transfer allows the Department to focus compliance assistance on the prospective owner. The advance notice also allows the Department to direct correspondence to the new owner in a more timely fashion than if the Department must wait for the post-transfer notice.

The Department does not agree that the advance notice requirement is burdensome and prone to errors as a result of changes in the closing date. The rule does not require that the advance notice be provided repeatedly. This is a one-time notice, to be made at least 30 days in advance of the transfer. There is no fee associated with the notice, and the rule does not require that the notice be updated to reflect a changed closing date.

Release Response Plan

43. COMMENT: N.J.A.C. 7:14B-5.5(a)2 requires the facility to provide on its emergency response plan, the name and telephone numbers of the person or call center responsible for operation of the facility during an emergency, including the Class A, B, or C operators, as applicable. The rule should permit the use of generic Class A/B/C titles for organizations with established continuously staffed emergency call centers and defined company procedures. Including a Class C operator name on the release response plans is a significant hardship. Large organizations may provide all employees Class C operator level training as a condition of hire. Documentation of training certificates for Class A, B, and C operators are required to be readily available at the facility. As such, providing anything more than a generic title for these positions represents an excessive and redundant burden that exceeds Federal requirements. (9)

RESPONSE: N.J.A.C. 7:14B-5.5 outlines the information to be included on an UST facility's release response plan. The rule requires the name and phone number of the Class A, B, or C operators "as applicable." The Department anticipates that a facility will designate one or more Class A, B, or C operators to be contacted in case of an emergency. It is not necessary that the emergency response plan identify all of a facility's Class A, B, or C operators in the release response plan, since not all of these individuals will be responsible for operation of the facility during an emergency. The facility could provide the title of an individual, rather than a name, as long as the provided telephone number will reach the person in the identified title. For those facilities that operate a full-time call center, the rule allows the facility to identify the call center on its release response plan.

44. COMMENT: The Department is proposing a new release response plan to include procedures on how to address alarms associated with release detection equipment. The Class C operator should understand the release response plan and whom to contact regarding the alarm. It is not for the Class C operator to address the alarm. (10)

RESPONSE: N.J.A.C. 7:14B-5.5(a)3 requires a release response plan to include the procedures to be followed in the event of a leak or discharge of a hazardous substance, including the procedures to address alarms associated with release detection equipment. Instructions on how to appropriately respond to release detection equipment alarms are critical to preventing or minimizing a discharge of hazardous substance from an UST system. The adopted rule does not require any specific individual, such as a Class C operator, to address the alarms.

Training for a Class C operator (N.J.A.C. 7:14B-5A.2(c)) includes instruction on appropriate actions and responses to alarms associated with release detection equipment or the UST system. Therefore, the Class C operator should be aware of how to respond to a release detection equipment alarm. The sooner someone responds to an alarm, the more likely that any discharge will be contained.

45. COMMENT: N.J.A.C. 7:14B-5.5(a)4 requires inclusion of the facility's licensed site remediation professional (LSRP) within the release response plan. The inclusion of the LSRP is limited to properties that are undergoing remediation activities. It should be noted that in some instances where a property has LSRP oversight, the LSRP may not be representing the tank owner or operator. There is no practical purpose of including the LSRP contact information. (9)

RESPONSE: Proposed N.J.A.C. 7:14B-5.5(a)4 requires the owner and operator to include in the release response plan the name and telephone number of any retained LSRP. Because the release response plan is prepared on behalf of the current owner and operator, the LSRP would be one that the current owner or operator retained; the plan would not need to identify an LSRP working on behalf of a prior owner or operator.

The Department is correcting the rule on adoption to remove the requirement that the LSRP be a retained LSRP. The owner and operator must retain an LSRP to oversee remediation in the event of a discharge, but the owner and operator do not need to retain an LSRP in the absence of a discharge. Nevertheless, because timely notification and response is one way to minimize impacts of any new discharge, the owner and operator must identify an LSRP on the release response plan. The owner and operator may retain the LSRP's services after the discharge has occurred.

If there is an LSRP working on the site on behalf of someone other than the current owner or operator, as in the commenter's example, the Department recommends that that LSRP also be advised of the discharge, in order that the LSRP may evaluate the new discharge in relation to any ongoing site remediation efforts.

Fourteen-Day Notification

46. COMMENT: N.J.A.C. 7:14B-10.1A requires a 14-day notification to the Department prior to commencing certain physical on-site work activities. This requirement is unnecessary and creates a burden that could result in an inability to pump or potential shutdowns. Moreover, the Federal rule includes no similar requirement. (5)

RESPONSE: Notification to the Department at least 14 days in advance of UST installation, substantial modification, closure, and similar activities does not mean that a Department employee must be present when the work is conducted, nor does it mean that the owner or operator of the facility must schedule the work to accommodate availability of the Department. The Department will not provide approvals in response to the 14-day notification. The notice allows the Department to know in advance that the work is taking place, and allows the Department to conduct whatever inspections it determines are necessary. It also allows the Department to review its records to confirm that the contractor performing the work is properly certified, and that the facility is properly registered. The burden on the facility is minimal; notice is by e-mail, and there is no cost associated with providing the notice to the Department, other than the few minutes that assembling the information may require.

47. COMMENT: The Department has made the 14-day notification the responsibility of the tank owner and operator. The Department should allow this notification to be made on the owner and operator's behalf by a Department-certified UST or environmental contractor. The use of a specific e-mail notification address (14dayUSTnotice@dep.nj.gov) is a good idea and will facilitate communication. It is requested that the Department provide delivery confirmation for notifications, so that the responsible party has adequate documentation the notification was made. Does the contractor need approval to proceed with the work activities? (6, 9, and 13)

[page=421] RESPONSE: The owner and operator are ultimately responsible for the UST facility and for complying with the UST rules; therefore, it is appropriate that the owner and operator be responsible for providing the notice to the Department. However, as stated in the notice of proposal Summary at 49 N.J.R. 1138, "an individual or business firm certified to perform these work activities pursuant to N.J.A.C. 7:14B-13 can notify the Department on behalf of the owner and operator, as can a Licensed Site Remediation Professional, licensed pursuant to N.J.A.C. 7:26C-1.3." The Department is modifying N.J.A.C. 7:14A-10.1A on adoption to expressly allow a Department-certified individual or business, or an LSRP to provide notice to the Department. If either the certified individual or business or the LSRP fails to provide such notice, the owner or operator will be held responsible.

The Department will establish an automatic reply from the e-mail address, which an owner or operator may use as confirmation that the Department received the notice. However, the Department cannot guarantee that the recipient's spam filter will not intercept the reply, or that some other factor will not intervene to interrupt the receipt. The Department recommends that the owner and operator maintain a record that the e-mail was sent.

As discussed in the Response to Comment 46, the Department will not issue an approval in response to the notification. Work may proceed, so long as any other necessary permits and/or approvals have been obtained.

48. COMMENT: The proposed rules require notification to the Department at least 14 days prior to commencing physical on-site work related to installation, substantial modification, or closure of an UST system, or performing activities specified in N.J.A.C. 7:14B-4, 5, or 6 requiring Department approval. The Department should require notification for testing activities as well. (7)

RESPONSE: The Department does require advance notice of testing of vapor recovery systems or equipment at gasoline dispensing facilities ( N.J.A.C. 7:27-16.3(j)). If the Department were to receive advance notice of all testing of all UST systems, the number of notices that the Department would receive would be overwhelming. For all testing, including of vapor recovery systems, the owner and operator must maintain documentation of the tests and the results. The Department can review the documentation during compliance inspections.

The Department requires advance notice of UST activities, such as installation, substantial modification, or closure because these activities often expose areas and components of the UST system that would not otherwise be visible. The Department can inspect these hidden areas, as necessary. These activities also do not occur as frequently as routine UST testing, so the volume of notices is less than it would be if the rules also required advance notice of all testing.

Penalties

49. COMMENT: Regarding civil administrative penalties, the proposed rules state that the Department "may" assess civil administrative penalties. The Department does not always have to assess civil administrative penalties. Often the penalties associated with the infraction do not warrant the amount of the penalty issued. If no harm has been done to the environment, no harm to the public, or no leak has been detected, the first assessment should be a warning and the UST owner should have the benefit of a 30-day window to fix the problem without a penalty assessment. It is far too often that the Department assesses excessive penalties for minor infractions. (10)

RESPONSE: The Department assesses penalties to promote compliance and deter future violations. In the Department's experience, owners and operators who consistently comply with the rules have fewer environmental issues than owners and operators who are frequently in violation of the rules. As discussed in the notice of proposal Summary, 49 N.J.R. at 1122 and 1134, the Department has established a penalty matrix at new N.J.A.C. 7:14-8.19 for violations of the UST rules. The penalties take into account the type and seriousness of the violation, the economic benefit to the violator as a result of the violation, the degree of cooperation or recalcitrance of the violator in remedying the violation, efforts that the violator has taken to avoid a repetition of the violation, and any unusual or extraordinary costs to the public as a result of the violation.

The adopted rules contain base penalty amounts for all violations, along with a severity factor multiplier, based on the behavior of the violator, which could add as much as 100 percent to the base penalty. The base penalty constitutes the minimum amount the Department determines is necessary to maintain an adequate deterrent against future violations, while taking into account the inherent seriousness of the infraction and the operating history of the violator. Base penalties assume the seriousness of the violation and the conduct of the violator are as positive as can be. For owners and operators who commit non-minor violations of the rules, but who have not previously been in violation, the base penalties will minimize the amount of their penalties.

The commenter's belief of what constitutes a "minor" violation may not be the same as the Department's. The Grace Period Law, N.J.S.A. 13:1D-125 through 133, directs the Department to allow a grace period--a period of time to correct a violation and achieve compliance--for minor violations of certain environmental laws, including the Water Pollution Control Act, N.J.S.A. 58:10A-1 et seq. Violations of the UST rules constitute violations of the Water Pollution Control Act. If the minor violation is corrected during the grace period, the Department will not assess a penalty. Of particular importance in determining whether a violation of N.J.A.C. 7:14B is minor or non-minor is the statutory criteria that a violation be assessed to determine if it "... materially and substantially undermine[s] or impair[s] the goals of the regulatory program," or "poses minimal risk to the public health, safety and natural resources." Many of the violations pertaining to UST systems (all of which store hazardous substances) are determined to be non-minor. Discharges from UST systems have the potential to cause harm to human health and the environment, primarily through underground discharges and spills during transfer operations or deliveries. Failure of an UST system can be particularly problematic because more than 95 percent of the system is located underground and not visible. It is, therefore, necessary to rely upon properly operating and maintaining sensors and other equipment to detect and alert the operator of a potential discharge. Even if a facility's violation of the UST rules does not result in a leak, and does not harm the environment or the public, the violation may still be one that materially and inherently undermines the goals of the UST regulatory program, which is to prevent discharges. For example, a violation that could cause an owner or operatory to be unable to detect a discharge, although no discharge actually occurred, is such a non-minor violation.

50. COMMENT: The Department is right to use the Grace Period Law in establishing penalties for the UST rules. However, it seems nearly impossible to meet the criteria for the Grace Period Law, and too many factors can be used for the Department to not use the Grace Period Law. The commenter strongly opposes the additional criteria used for the Grace Period Law. (10)

RESPONSE: The Department acknowledges the commenter's support for the grace periods in the adopted rules. The Department interprets the remainder of the comment as concern that the factors that the Grace Period Law requires the Department to consider makes it difficult for a violation to be designated minor and qualify for a grace period. As interpreted, this comment relates to the Grace Period Law itself, rather than to its application to the adopted rules; therefore, it is beyond the scope of this rulemaking.

General Comments

51. COMMENT: New Jersey has appropriately identified the term "unmanned facility" in N.J.A.C. 7:14B-l.6 and 5.13. (1, 4, 5, and 11)

52. COMMENT: The Department is right to require an unmanned facility post weather-resistant signs providing emergency procedures and notification requirements to be followed in the event of an incident (N.J.A.C. 7:14B-5.13). (5)

RESPONSE TO COMMENTS 51 AND 52: The Department acknowledges the commenters' support for the rules.

Contractor Availability/Federal Compliance Date

53. COMMENT: The Department's proposed deviation within N.J.A.C. 7:14B-4.1 from the Federal requirements (40 CFR Part 280) prevents older double walled piping systems from using alternate piping leak detection methods and now compels the entire population of double [page=422] walled piping UST facilities to test piping containment sumps by October 13, 2018. Based on experience completing similar work in other states, there is significant concern that there are not enough licensed UST contractors and testers to complete all the work in the allotted time. (9)

RESPONSE: Department records indicate there are approximately 200 companies certified in New Jersey to perform tank testing, which includes testing of containment devices where interstitial monitoring is performed. There are approximately 4,200 UST facilities in New Jersey, but not all facilities are required to perform containment testing; therefore, there are considerably fewer than 4,200 systems that need to be tested. Even if all 4,200 facilities needed testing and only half of the certified companies were available, each company would have to perform tests at 42 sites within the coming year. The results in an average of four tests per month for each of the 100 certified companies. This does not take into account the fact that some Department-certified companies have multiple Department-certified individuals, and are, therefore, able to conduct tests on more than one facility at a time. Based on these conservative calculations, the Department does not believe contractor availability will inhibit the regulated community from complying with the containment testing requirement prior to the compliance deadline.

54. COMMENT: At least one national trade group has lobbied the EPA for an extension to the October 13, 2018, deadline in 40 CFR Part 280. The Department should anticipate and allow for these extensions wherever possible via the insertion of language such as "or another date acceptable to the US EPA" following every Federally imposed due date outlined within N.J.A.C. 7:14B. (9)

55. COMMENT: The regulated community is currently in the process of seeking an extension from the EPA for compliance with testing of containment sumps, under dispenser containment for interstitial monitoring, and inspection of overfill protection devices. That extension would give State regulators and the regulated community adequate time to evaluate how these alternative methods might best be implemented in compliance with the EPA Final rule. Consistent with N.J.S.A 58:10A-29.a, the Department should include in its rules a provision that incorporates any extension granted by the EPA. (3)

RESPONSE TO COMMENTS 54 AND 55: As stated in the notice of proposal Summary, 49 N.J.R. at 1122, the Department intends that the deadlines in the Department's rules be the same as the Federal deadlines, as to Federally regulated USTs. As to regulated heating oil tank systems, although the Federal rule does not apply, the Department intends that the date of compliance is the same as for comparable Federally regulated systems. The Department is modifying the rules on adoption to require compliance by the later of October 13, 2018, or the date in the applicable Federal rule. October 13, 2018 is the compliance date in the EPA UST Final Rule. If the EPA changes the compliance date from October 13, 2018, the Department will publish a notice of administrative change in the New Jersey Register to modify the compliance date accordingly, for both Federally regulated UST systems and regulated heating oil tank systems.

Recordkeeping

56. COMMENT: At N.J.A.C. 7:14B-5, General Operating Requirements, the sections pertaining to testing of containment sumps and spill containment, conducting of walkthrough inspections, and inspections of overfill containment devices within the proposal specify records must be retained for five years. The arbitrary selection of a term of five years is based on the Department needing "the testing and inspection records to be maintained for five years as a means to ensure the records are available to determine compliance during the three-year inspection cycle," which causes confusion. The EPA only requires the records to be kept for one year.

The Department should establish a three-year record retention requirement and apply it as uniformly as possible throughout the rules, not only to the provisions of the General Operating Requirements. The retention requirements for release detection system reports, inventory records, periodic testing and inspection reports, and any other records pertinent to the facility compliance inspection program should be consistently applied and should not be of differing retention cycles. Inconsistency of record retention is confusion that is easily eliminated. A single record retention policy of three years is adequate to ensure records are available on the three-year inspection cycle, is sufficient to meet EPA SPA approval, and provides consistency. Furthermore, anything beyond a three-year retention violates Executive Order No. 2, paragraph 3d. (3)

57. COMMENT: N.J.A.C. 7:14B-5.11(c) requires owners and operators to keep records for five years, and five years longer after monitoring ends. At N.J.A.C. 7:14B-5.12(a)1i the Department should clarify whether a facility must maintain records beyond five additional years after monitoring ends. As stated in the notice of proposal Summary, the EPA requires documents be retained for only one year. The Department should follow the EPA guidelines. (10)

RESPONSE: Recordkeeping is a routine business practice that is beneficial to the UST facility owner and operator and to the Department, as it records the activities and maintenance related to proper operation of the UST system. The Department considered the one-year retention period in the Federal rules and determined that it is inadequate for the State's purpose. As stated in the notice of proposal, 49 N.J.R. at 1127, the Department inspects facilities on a three-year cycle. As to Federally regulated UST systems, this inspection cycle is mandated as a condition of receiving Federal funding for New Jersey's UST program. There is some flexibility in the cycle, however, and it is possible that not all facilities will be inspected during a three-year period. If records were kept only three years, necessary records may not be available to the Department.

The requirements of N.J.A.C. 7:14B-5.11(c) apply to the two methods of complying with integrity testing of containment devices where interstitial monitoring is performed, and how long to keep records associated with each method. An owner and operator with double walled containment devices can monitor the interstitial space between the inner and outer walls of the containment through visual checks at least every 30 days. Records to verify this containment system design shall be maintained for the entire time this method of integrity verification is performed, and for five years after it ends. If the owner and operator performs a vacuum, pressure or liquid testing method to comply with N.J.A.C. 7:14B-5.11(a)1, he or she must keep those test result records for five years.

58. COMMENT: Maintaining all the documentation required by N.J.A.C. 7:14B-4.2(b)2 is very difficult, especially if the current owner is not the original owner of the UST system. Rather than being overzealous with recordkeeping requirements, the Department should allow a current record of a passing cathodic protection test, and a passing tank tightness test. (10)

RESPONSE: The Department is not able to determine to which recordkeeping requirements the commenter refers. N.J.A.C. 7:14B-4.2(b)2 requires compliance with the design and construction requirements of a cathodic protection system when performing substantial modifications or upgrades involving cathodic protection ( N.J.A.C. 7:14B-4.1(a)1ii(2), (3), and (4)) and requires the use of one of four identified methods to ensure integrity of the tank ( N.J.A.C. 7:14B-4.2(b)2i through iv). One of the methods at N.J.A.C. 7:14B-4.2(b)2ii requires monthly monitoring records, which is an existing rule, unchanged by this rulemaking. As for the records required by the cross-reference to N.J.A.C. 7:14B-4.1(a)1ii(2), (3), and (4), the documentation is important to verify that the steel tank's cathodic protection system complies with the applicable performance standards. A cathodic protection test and tank tightness test do not typically include the construction, design, operation, and maintenance information required by N.J.A.C. 7:14B-4.1(a)1ii(2), (3), and (4). The record retention requirements for substantial modification or upgrades involving cathodic protection systems are consistent with the Federal regulations.

Summary of Agency-Initiated Changes:

The Department is modifying N.J.A.C. 7:14B-5.10(a)3 on adoption to correct a cross-reference. The proposed rule states that the inspection shall ensure that the overfill prevention equipment satisfies the requirements of N.J.A.C. 7:14B-4.1(a)3ii or iii. Exceptions to the performance standards are identified at N.J.A.C. 7:14B-4.1(a)3iv and v. In order that the inspection instructions are complete, N.J.A.C. 7:14B-[page=423] 5.10(a)3 must cite not only to the standards, but also to the exceptions from those standards. The correct reference should be to N.J.A.C. 7:14B-4.1(a)3ii through v.

N.J.A.C. 7:14B-6.5 identifies methods of release detection for tanks. Proposed amended N.J.A.C. 7:14B-6.5(a)7 allowed interstitial monitoring between the UST system and a secondary barrier immediately around or beneath it, provided, in part, that the monitoring system is designed, constructed, and installed to detect a leak from any portion of the tank "and/or piping" that routinely contains product. Proposed amended N.J.A.C. 7:14B-6.5(a)7i provided a specific requirement for double walled UST systems; however, the Department inadvertently omitted in the proposed amended rule language requiring that the sampling or testing method detect a leak through the inner wall of any portion of the piping that routinely contains product, as well as the tank. The requirement at N.J.A.C. 7:14B-6.5(a)7 that the monitoring system detect leaks in the tanks and/or the piping should be continued in N.J.A.C. 7:14B-6.5(a)7i; accordingly, the Department is modifying the rule on adoption to make the correction. As modified, the rule is consistent with N.J.A.C. 7:14B-6.6(a)3, which allows the methods of release detection at N.J.A.C. 7:14B-6.5(a)5 through 8 to be used to detect releases from piping, provided that the method is designed to detect a release from underground piping that routinely contains regulated substances.

Federal Standards Analysis

Executive Order 27 (1994) and N.J.S.A. 52:14B-1 et seq. (P.L. 1995, c. 65), require State agencies that adopt, readopt, or amend any State rules that exceed any Federal standards or requirements to include in the rulemaking document a Federal standards analysis. As set forth in the notice of proposal Summary, 49 N.J.R. at 1122, the new rules and amendments related to secondary containment and operator training are required in order to comply with the Federal Energy Policy Act of 2005 and the EPA UST Final Rule published July 15, 2015. The Department has determined that the rules are consistent with, and do not exceed Federal requirements, except as set forth below. The new rules and amendments are consistent with the mandate of the State Act at N.J.S.A. 58:10A-25, which requires the State's rules governing Federally regulated UST systems be substantially identical to the Federal requirements for certain standards. For those tanks that are only State regulated, the new rules and amendments are consistent with the State Act's requirement to be no more stringent than the Federal requirements for Federally regulated USTs.

The Federal rules do not apply to tanks used for the storage of heating oil for consumptive use on the premises where stored. The adopted rules apply to UST systems with a capacity of 2,001 gallons or more used to store heating oil for on-site consumption in a non-residential building. Therefore, the adopted rules apply to some UST systems to which the Federal rules do not apply. These provisions are not promulgated under the authority of, or in order to implement, comply with, or participate in any program established under Federal law to comply with a Federal program. Nevertheless, the adopted rules applicable to heating oil tanks are consistent with the State Act's requirement that the rules be no more stringent than Federal requirements for Federally regulated USTs for certain standards.

For states that receive Federal Subtitle I money, the EP Act requires secondary containment and under-dispenser containment for tanks, piping, and dispensers only if they are installed or replaced within 1,000 feet of an existing community water system or potable drinking water well. The adopted rules and amendments, consistent with the EPA's UST Final Rule, require that all new and replaced tanks and piping have secondary containment, and all UST systems have under-dispenser containment beneath new dispenser systems. Therefore, the adopted rules and amendments are broader in scope than the EP Act; nevertheless, the adopted rules and amendments are consistent with the EPA's UST Final Rule.

The rules include amendments to UST registration, permitting requirements, and certifications of individuals and business firms performing UST system services, which are unrelated to the EPA's UST Final Rule or secondary containment and operator training provisions of the EP Act. These provisions are not promulgated under the authority of, or in order to implement, comply with, or participate in any program established under Federal law to comply with a Federal program. Accordingly, as to these provisions no further analysis is required.

The new rules and amendments to the Water Pollution Control Act Rules, N.J.A.C. 7:14, are adopted pursuant to the Water Pollution Control Act. N.J.A.C. 7:14-8.18 and 8.19 contain enforcement provisions applicable to the rules and amendments implementing not only the Secondary Containment Guidelines and the Operator Training Guidelines, but also the other requirements of the Underground Storage Tanks rules. Additionally, the Department may assess penalties pursuant to the Administrative Requirements for the Remediation of Contaminated Sites, N.J.A.C. 7:26C-9 for failure to comply with the State Act or specific subchapters of the UST rule and has adopted amendments applicable to new requirements of the Underground Storage Tanks rules. The purpose of penalties is to encourage compliance and discourage noncompliance with the State Act. In some cases, the Department's penalties may be regarded as more stringent than the Federal program, in that the maximum penalty that may be assessed under the Department's rules, and as authorized by statute, is $ 50,000 per day per violation. The Federal government assesses civil administrative penalties in accordance with the Federal enforcement provisions of the statute regulating underground storage tanks, 42 U.S.C. §§ 6991 et seq. The Federal law at 42 U.S.C. § 6991e(d) provides that penalties for violations of the Federal law or regulation may not exceed $ 10,000 per day per violation. If a violator fails to comply with a compliance order, the Federal law allows a penalty of up to $ 25,000 per day. Therefore, to the extent that the rules allow a penalty to be as much as $ 50,000, the rules exceed the Federal standards. The penalty provisions will have no economic or other impact on the regulated community, unless there is a violation of the rules governing Underground Storage Tanks, N.J.A.C. 7:14B. The Department believes that exceeding the Federal standards is justified, since more than half of New Jersey's population depends on ground water sources of drinking water.

The new and amended penalty provisions at N.J.A.C. 7:14-8 include a designation of violations as either minor or non-minor, in order to comply with the State's Grace Period Law, as well as other amendments unrelated to the secondary containment and the operator training requirements. These amendments are not promulgated in accordance with, or to implement or comply with any standard or requirement imposed by Federal law. Accordingly, no analysis is required.

Full text of the adoption follows (additions to proposal indicated in boldface with asterisks *thus*; deletions from proposal indicated in brackets with asterisks *[thus]*):

CHAPTER 14

WATER POLLUTION CONTROL ACT

SUBCHAPTER 8. CIVIL ADMINISTRATIVE PENALTIES AND REQUESTS FOR ADJUDICATORY HEARINGS

7:14-8.4A Grace period applicability; procedures

(a)-(b) (No change.)

(c) Notwithstanding (a) above, and the designation of a violation as minor in Table 2 below, the Department or a local government agency shall provide a grace period for any violation identified as minor under this section, provided the following conditions are met:

1.-5. (No change.)

(d) (No change.)

7:14-8.18 Tables of minor and non-minor violations; base penalties; grace periods

(a) Tables 1 and 2 below identify particular violations of the Pollutant Discharge Elimination System rules, N.J.A.C. 7:14A, and the Underground Storage Tanks rules, N.J.A.C. 7:14B, as minor or non-minor for purposes of a grace period, and identify the duration of the grace period for minor violations. In addition, Table 2 includes the base penalty for violations of N.J.A.C. 7:14B. The descriptions of the violations set forth in the tables in this section are provided for informational purposes only. In the event that there is a conflict between [page=424] a violation description in the tables and the rule to which the violation description corresponds, the rule shall govern.

(b) (No change.)

(c) Comparability of a violation under (b) above with a violation listed in Tables 1 and 2, or in N.J.A.C. 7:14-8.6 through 8.10, 8.12, 8.14, or 8.17 is based upon the nature of the violation (for example, a violation of recordkeeping, permit limitation, or monitoring).

TABLE 1

(No change.)

TABLE 2

N.J.A.C. 7:14B UNDERGROUND STORAGE TANKS RULES

Subchapter 2. Registration Requirements and Procedures


Rule	Description of Violation	Base	Type	Grace
Citation		Penalty	of	Period
			Violation


7:14B-2.	Failure to register a regulated	$ 5,000	NM
1(a)	underground storage tank facility with the
	Department pursuant to N.J.A.C. 7:14B-2.2.


7:14B-2.	Failure to register a regulated	$ 5,000	NM
1(a)1	underground storage tank system 30 days
	prior to use.

7:14B-2.	Failure to register a regulated	$ 5,000	NM
1(a)2	underground storage tank system prior to
	beginning any closure activities.

7:14B-2.	Failure to amend the underground storage	$ 1,750	M	30
1(b)1	tank facility registration, pursuant to N.			days
through 6	J.A.C. 7:14B-2.2, within 30 days after a
	change.

7:14B-2.	Failure to amend the underground storage	$ 1,750	M	30
1(b)7	tank facility registration, pursuant to N.			days
	J.A.C. 7:14B-2.2, within seven days after
	taking an UST system out of service or
	closure of an UST system.

7:14B-2.	Failure to amend the underground storage	$ 1,750	M	30
1(b)8	tank facility registration, pursuant to N.			days
	J.A.C. 7:14B-2.2, at least 30 days prior
	to putting an out-of-service UST system
	back into service.

7:14B-2.	Failure to only use a regulated	$ 5,000	NM
1(c)	underground storage tank having a valid
	UST registration certificate.

7:14B-2.	Failure to renew the UST registration in	$ 1,750	M	30
1(d)	accordance with N.J.A.C. 7:14B-2.2, at			days
	least 60 days prior to expiration of the
	facility's UST Registration Certificate.

7:14B-2.	Failure to display or make available	$ 1,750	M	30
5(a)	during the inspection the UST Registration			days
	Certificate.

7:14B-2.	Failure to cease use of a regulated tank	$ 15,000	NM
6(d)	upon receipt of a Notice from the
	Department denying or revoking an UST
	registration certificate.

Subchapter 4. Underground Storage Tank Systems: Design, Construction and Installation


Rule	Description of Violation	Base	Type	Grace
Citation		Penalty	of	Period
			Violation


7:14B-4.	Failure of an installed tank to be	$ 5,000	NM
1(a)1i	properly designed and constructed and
through iv	protected from corrosion.

7:14B-4.	Failure of a tank to have secondary	$ 5,000	NM
1(a)1v	containment and interstitial monitoring.

7:14B-4.	Failure to maintain interstitial	$ 1,750	M	30
1(a)1vi	monitoring of a tank with secondary			days
	containment and performing interstitial
	monitoring.

7:14B-4.	Failure to properly design, construct,	$ 5,000	NM
1(a)2i	and/or provide corrosion protection for
through	piping.
iii

7:14B-4.	Failure to have secondary containment and	$ 5,000	NM
1(a)2iv	interstitial monitoring for piping.

7:14B-4.	Failure to maintain interstitial	$ 1,750	M	30
1(a)2v	monitoring of piping with secondary			days
	containment and performing interstitial
	monitoring.

7:14B-4.	Failure to have spill prevention	$ 5,000	NM
1(a)3i	equipment when the transfer hose is
	detached from the fill pipe.

7:14B-4.	Failure to have overfill prevention	$ 5,000	NM
1(a)3ii	equipment compatible with the method used
	to fill the tank.

7:14B-4.	Failure to have overfill prevention	$ 5,000	NM
1(a)3ii(1)	equipment that shall shut off flow, alert
through	the transfer operator, or restrict flow
(3)	prior to overfilling the tank.

7:14B-4.	Failure to properly install the UST	$ 5,000	NM
1(a)4	system in accordance with a code of
	practice developed by a nationally
	recognized association or independent
	testing laboratory and in accordance with
	the manufacturer's instructions.

7:14B-4.	Failure of owners and operators to ensure	$ 5,000	NM
1(a)5	that the appropriate methods of
	certification or inspection are used to
	demonstrate compliance with N.J.A.C.
	7:14B-4.1(a)4.

7:14B-4.	Failure to provide secondary containment	$ 5,000	NM
1(b)	and monitoring for underground storage
	tank systems installed on or after
	September 4, 1990, within a wellhead
	protection area.

7:14B-4.	Failure to comply with community supply	$ 15,000	NM
1(l)	well distance requirements.

7:14B-4.	Failure to equip an UST system with	$ 5,000	NM
1A(a)	under-dispenser containment for any new
	dispenser system installed on or after
	April 11, 2016.

7:14B-4.	Failure of under-dispenser containment to	$ 5,000	NM
1A(a)2	be liquid-tight, compatible with the
	substance conveyed by the piping, and
	allow for visual inspections or be
	monitored for leaks from the dispenser
	system.

7:14B-4.2	Failure to comply with requirements for	$ 5,000	NM
	substantial modification or upgrade of an
	underground storage tank system.

7:14B-4.3	Failure to comply with installation	$ 5,000	NM
	requirements for partially regulated
	underground storage tank systems.

Subchapter 4A. Field-Constructed Tanks and Airport Hydrant Systems


Rule	Description of Violation	Base	Type	Grace
Citation		Penalty	of	Period
			Violation


7:14B-4A.	Failure to comply with the requirements	$ 5,000	NM
2(a)	for secondary containment when piping
	associated with UST systems with
	field-constructed tanks less than or equal
	to 50,000 gallons that are not part of an
	airport hydrant system is installed or
	replaced.

7:14B-4A.	Failure to conduct inspections of the	$ 1,750	M	30
2(b)	additional areas for airport hydrant			days
	systems as required.

7:14B-4A.	Failure to meet release detection	$ 5,000	NM
2(c)	requirements for UST systems with field
	constructed tanks and airport hydrant
	fuel systems.

Subchapter 5. General Operating Requirements


Rule	Description of Violation	Base	Type	Grace
Citation		Penalty	of	Period
			Violation


7:14B-5.	Failure to ensure no release of hazardous	$ 5,000	NM
1(a)	substance occurs and/or failure to
	constantly monitor the transfer operation.


7:14B-5.	Failure to operate and maintain a	$ 5,000	NM
2(a)1	cathodic protection system to continuously
	provide corrosion protection.

7:14B-5.	Failure to test the cathodic protection	$ 5,000	NM
2(a)2	system in accordance with the requirements
	for proper operation.

7:14B-5.	Failure to inspect the impressed current	$ 1,750	M	30
2(a)3	cathodic protection system every 60 days			days
	to ensure the system is running properly.


7:14B-5.	Failure to maintain records of the	$ 1,750	M	30
2(a)4	operation of the corrosion protection			days
	system, including all required
	inspections and tests.

7:14B-5.	Failure to use an underground storage	$ 5,000	NM
3(a)	tank system that is compatible with the
	substance stored.

7:14B-5.	Failure to maintain the records of	$ 1,750	M	30
3(c)	compatibility for as long as the regulated			days
	substance is being stored.

7:14B-5.	Failure to hold in each compartment, of a	$ 5,000	NM
3(d)	compartmented tank, hazardous substances
	that are compatible with one another.

7:14B-5.	Failure to obtain a permit from the	$ 5,000	NM
4(a)	Department and/or make repairs in
	accordance with N.J.A.C. 7:14B-5.4.

7:14B-5.	Failure to replace the entire piping run	$ 5,000	NM
4(a)3	when 50 percent or more of a piping run is
	replaced.

7:14B-5.	Failure to perform tightness testing of	$ 5,000	NM
4(a)4	repaired tanks and/or piping within 30
	calendar days following the date of the
	completion of the repair.

7:14B-5.	Failure to perform testing of repaired	$ 5,000	NM
4(a)5	secondary containment areas, where
	interstitial monitoring release detection
	is performed, within 30 calendar days
	following the date of completion of the
	repair.

7:14B-5.	Failure to test the cathodic protection	$ 5,000	NM
4(a)6	system within six months following a
	repair.

7:14B-5.	Failure to test or inspect, as	$ 5,000	NM
4(a)7	appropriate, within 30 calendar days
	following any repair to spill or overfill
	prevention equipment.

7:14B-5.	Failure to prepare and update a Release	$ 1,750	M	30
5(a)	Response Plan.			days


7:14B-5.	Failure to make available for inspection	$ 1,750	M	30
5(b)	a Release Response Plan.			days


7:14B-5.	Failure to maintain all required UST	$ 5,000	NM
6(a) and	system records.
(b)

7:14B-5.8	Failure to properly mark the fill ports.	$ 1,750	M	30
				days

7:14B-5.	Introduction of a hazardous substance	$ 15,000	NM
9(a)	into an underground storage tank system
	that is known or suspected to be leaking
	or discharging.

7:14B-5.	Introduction of a hazardous substance	$ 5,000	NM
9(b)	into an underground storage tank that does
	not have a proper UST registration, or
	registration is revoked or denied.

7:14B-5.	Failure to comply with the spill	$ 5,000	NM
10(a)1	prevention equipment requirements.

7:14B-5.	Failure to inspect and clean spill	$ 5,000	NM
10(a)2	prevention equipment of liquid and debris
	prior to introduction of hazardous
	substances into the tank.

7:14B-5.	Failure to inspect overfill prevention	$ 5,000	NM
10(a)3	equipment at installation and at least
	once every three years.

7:14B-5.	Failure to maintain records related to	$ 1,750	M	30
10(e)	spill and overfill prevention equipment.			days


7:14B-5.	Failure to ensure the integrity of each	$ 5,000	NM
11(a)	containment device when performing
	interstitial monitoring of UST system
	piping.

7:14B-5.	Failure to maintain records for each	$ 1,750	M	30
11(c)	containment device when performing			days
	interstitial monitoring of UST system
	piping.

7:14B-5.	Failure to conduct walkthrough	$ 1,750	M	30
12(a)	inspections of each UST system at the			days
	required frequency and as appropriate to
	the facility.

7:14B-5.	Failure to maintain records of operation	$ 1,750	M	30
12(c)	and maintenance walkthrough inspections.			days


7:14B-5.	Failure to have clearly visible weather	$ 1,750	M	30
13	resistant signs providing emergency			days
	procedures and notification requirements
	at an unmanned facility.

7:14B-5.	Failure to designate a Class A, Class B,	$ 1,750	M	30
14(a)	and Class C operator.			days


7:14B-5.	Failure to have a Class A, Class B, and	$ 1,750	M	30
14(b)	Class C operator designated for a facility			days
	at all times after October 13, 2018*,
	or the date provided at 40 CFR 280.240,
	whichever is later*.

7:14B-5.	Failure to ensure that at least one	$ 1,750	M	30
14(d)	designated operator (Class A, Class B, or			days
	Class C) is present at the facility at
	all times the facility is operating.

Subchapter 5A. Class A, Class B, and Class C Operator Training


Rule	Description of Violation	Base	Type	Grace
Citation		Penalty	of	Period
			Violation


7:14B-5A.	Failure to ensure that Class A, Class B,	$ 1,750	M	30
1	and Class C operators are properly trained			days
	and pass any applicable examination.

7:14B-5A.	Failure to ensure the Class A and/or	$ 5,000	NM
4(a)	Class B operator is retrained and retested
	(as applicable) within the required
	timeframe.

7:14B-5A.	Failure to maintain required operator	$ 1,750	M	30
5	training records and documentation.			days

Subchapter 6. Release Detection


Rule	Description of Violation	Base	Type	Grace
Citation		Penalty	of	Period
			Violation


7:14B-6.	Failure to provide acceptable release	$ 5,000	NM
1(a)1	detection methods that are able to detect
	a release from any portion of the UST
	system (tank and piping).

7:14B-6.	Failure to ensure release detection	$ 5,000	NM
1(a)2	equipment is installed, calibrated,
	operated, and maintained in accordance
	with the manufacturer's instructions,
	including routine maintenance and service
	checks for operability or running
	condition.

7:14B-6.	Failure to comply with release detection	$ 5,000	NM
1(b)	requirements for an underground storage
	tank system used to store motor fuel
	solely for use by emergency power
	generators.

7:14B-6.	Failure to test electronic and mechanical	$ 5,000	NM
1(h)	components annually for proper operation.

7:14B-6.	Failure to perform appropriate release	$ 5,000	NM
2(a)1	detection monitoring for tanks.

7:14B-6.	Failure to perform appropriate release	$ 5,000	NM
2(a)2	detection monitoring for piping.

7:14B-6.	Failure to provide release detection for	$ 5,000	NM
2(b)1 or	underground storage tank systems that
2	utilize separate product bearing supply
	and return lines.

7:14B-6.	Failure to comply with release detection	$ 5,000	NM
3(a)	requirements for underground storage tank
	systems containing hazardous substances
	other than petroleum products and waste
	oil.

7:14B-6.	Failure to comply with release detection	$ 5,000	NM
4(a)	requirements for underground storage tank
	systems located within wellhead
	protection areas.

7:14B-6.	Failure to conduct and record daily	$ 5,000	NM
5(a)1	inventory readings, including bottom water
	levels to the nearest 1/8th inch, and
	reconcile at least once a month.

7:14B-6.	Failure to comply with manual tank	$ 1,750	M	30
5(a)2	gauging requirements.			days


7:14B-6.	Failure to annually test line leak	$ 5,000	NM
6(a)1	detectors.

7:14B-6.	Failure to maintain written monitoring	$ 1,750	M	30
7(a)	procedures.			days


7:14B-6.	Failure to keep the written monitoring	$ 1,750	M	30
7(b)	procedure at the underground storage tank			days
	facility and make it available for
	inspection.

7:14B-6.	Failure to maintain records of written	$ 1,750	M	30
7(c)	performance claims of the release			days
	detection system used.

7:14B-6.	Failure to maintain records of all	$ 1,750	M	30
7(d)	calibration, maintenance, and repair of			days
	all Release Detection equipment.

7:14B-6.	Failure to maintain a summary of the	$ 5,000	NM
7(e)	results of monitoring of the underground
	storage tank system and maintenance
	checks of the release detection equipment.


7:14B-6.	Failure to maintain records of the	$ 5,000	NM
7(f)	results of any sampling, UST system
	testing and monitoring.

7:14B-6.	Failure to maintain on site, a	$ 1,750	M	30
7(i)	certification from a Subsurface Evaluator			days
	and/or required documentation from the
	manufacturer.

7:14B-6.	Failure to maintain results of annual	$ 1,750	M	30
7(k)	operation tests conducted in accordance			days
	with N.J.A.C. 7:14B-6.1(g) and (h).

Subchapter 15. Financial Responsibility Requirements


Rule	Description of Violation	Base	Type	Grace
Citation		Penalty	of	Period
			Violation


7:14B-15.	Failure to maintain financial assurance	$ 5,000	NM
1(b)	for Federally regulated underground
	storage tank systems in accordance with
	40 CFR Part 280 Subpart H.

7:14B-15.	Failure to maintain financial assurance	$ 5,000	NM
1(c)	for the amounts listed at N.J.A.C.
	7:14B-15.2, pursuant to 40 CFR Part 280
	Subpart H, for underground storage tank
	systems not covered by N.J.A.C. 7:14B-15.
	1(b), unless excluded by N.J.A.C. 7:14B-15.
	3(c).

7:14B-15.	Failure to identify the financial	$ 1,750	M	30
1(h)	assurance mechanism used on the Facility			days
	Certification Questionnaire and submit
	evidence of financial assurance with any
	supporting documentation.

7:14B-15.	Failure of the financial institution to	$ 5,000	NM
1(i)	notify the Department in writing within 30
	days of the cancellation or expiration of
	any form of financial assurance.

7:14B-15.	Failure to maintain financial	$ 5,000	NM
2(a)	responsibility assurance in the required
	per-occurrence or per-incident amounts.

7:14B-15.	Failure to maintain financial	$ 5,000	NM
2(b)	responsibility assurance in the required
	annual aggregate amounts.

7:14B-15.	Failure to maintain financial	$ 5,000	NM
2(c)	responsibility assurance in the required
	annual aggregate or per-occurrence or
	per-incident amounts when acquiring or
	installing additional underground storage
	tanks.

7:14B-15.	Failure to submit an amended Facility	$ 1,750	M	30
2(d)	Certification Questionnaire to the			days
	Department to demonstrate any adjusted
	amount of financial responsibility
	assurance due to acquiring or installing
	additional underground storage tanks.

7:14-8.19 Civil administrative penalties for violations of the Underground Storage of Hazardous Substances Act

(a) The Department may assess a civil administrative penalty pursuant to this section of not more than $ 50,000 for each violation of N.J.A.C. 7:14B, Underground Storage Tanks.

(b) Each violation constitutes an additional, separate, and distinct violation.

(d) Where any requirement of N.J.A.C. 7:14B may pertain to more than one act, condition, occurrence, item, unit, waste, or parameter, the failure to comply with such requirement as it pertains to each such act, condition, occurrence, item, unit, waste, or parameter constitutes an additional, separate, and distinct violation.

(e) For a violation of a requirement or condition of an administrative order, permit, or license, the Department may in its sole discretion identify a comparable requirement of any violation description listed in N.J.A.C. 7:14-8.18(c) Table 2 and determine the amount of the civil administrative penalty on the basis of the rule provision violated.

(f) The Department shall determine the amount of a civil administrative penalty for each violation of N.J.A.C. 7:14B on the basis of the provision violated, according to the following procedure:

1. Identify the rule violated;

2. Identify the corresponding base penalty dollar amount in N.J.A.C. 7:14-8.18(c) Table 2;

[page=429] 3. Multiply the base penalty dollar amount times the following multipliers for each factor to obtain the severity penalty component, as applicable:


Severity factor		Multiplier

i.	Violator violated the same rule less than 12 months	1.00
	prior to the violation

ii.	Violator violated a different rule less than 12 months	0.50
	prior to the violation

iii.	Violator violated the same rule during the period which	0.50
	began 24 months prior to the violation and ended 12
	months prior to the violation

iv.	Violator violated a different rule during the period	0.25
	which began 24 months prior to the violation and ended
	12 months prior to the violation

4. To obtain the civil administrative penalty for a particular violation, add all of the severity penalty components pursuant to (f)3 above to the base penalty. If the sum total exceeds $ 50,000, then the civil administrative penalty for that violation shall be $ 50,000.

EXAMPLE:


Base penalty (for violation of N.J.A.C. 7:14B-2.1(a))	= $ 5,000

N.J.A.C. 7:14-8.19(f)3iii applies:

0.50 x $ 5,000	= $ 2,500

Civil administrative penalty	$ 7,500

(g) Notwithstanding (a), (b), and (c) above, the Department may, in its sole discretion, assess a penalty in accordance with N.J.A.C. 7:14-8.5(e) through (i), rather than N.J.A.C. 7:14-8.18(c) Table 2, when:

1. Because of the specific circumstances of the violation, the Department determines that the penalty amount under N.J.A.C. 7:14-8.18(c) Table 2 would be too low to account for the type, seriousness (including extent, toxicity, and frequency of a violation) based upon the harm to public health or the environment resulting from the violation or the lack of cooperation or recalcitrance of the violator in remedying the violation, the specific facts of the violation, or conduct of the violator, or any other pertinent factors consistent with the Underground Storage of Hazardous Substances Act, N.J.S.A. 58:10A-21 et seq.;

2. The violation is not identified at N.J.A.C. 7:14-8.18(c) Table 2; or

3. There is no comparable violation identified at N.J.A.C. 7:14-8.18(c) Table 2 such that the Department can apply (e) above.

7:14-8.20 (No change in text.)

CHAPTER 14B

UNDERGROUND STORAGE TANKS

SUBCHAPTER 1. GENERAL INFORMATION

7:14B-1.3 Purpose

(a) This chapter is promulgated for the following purposes:

1.-2. (No change.)

3. To establish initial registration and annual renewal certification fees;

4.-9. (No change.)

10. To protect human health and the environment of the State by ensuring sound underground storage tank management and compliance with release detection monitoring, thereby preventing, controlling, remediating, and/or abating actual or potential ground water contamination;

11. To establish a certification program for individuals and business firms who provide certain services on regulated underground storage tank systems and unregulated heating oil tank systems pursuant to N.J.S.A. 58:10A-24 and this chapter; and

12. To establish classes of operators and training requirements for all Class A, B, and C operators of underground storage tank systems.

7:14B-1.4 Applicability

(a) (No change.)

(b) The following types of underground storage tank systems are exempt from the requirements of this chapter:

1.-7. (No change.)

8. Tanks situated in an underground area including, but not limited to, basements, cellars, vaults, mines, drift shafts, or tunnels, if the storage tank is situated upon or above the surface of the floor;

9. Tanks situated in an underground area including, but not limited to, basements, cellars, vaults, mines, drift shafts, or tunnels if the storage tank is equipped with secondary containment, and is uncovered so as to allow visual inspection of the exterior of the tank;

10. Any pipes, lines, fixtures, or other related equipment connected to any tank exempted from the provisions of this chapter as set forth in (b)1 through 9 above, and 11 through 15 below;

11.-12. (No change.)

13. Electrical equipment;

14. Hydraulic lift tanks; and

15. Any UST system holding hazardous wastes listed or identified under Subtitle C of the Solid Waste Disposal Act, or a mixture of such hazardous waste and other regulated substances.

(c) The following types of underground storage tank systems are partially regulated, subject only to N.J.A.C. 7:14B-2, 3, 4.3, 7, 8, and 15.

1. Tanks used to contain radioactive materials that are regulated under the Atomic Energy Act of 1954;

2. Tanks that are part of an emergency generator system at nuclear power generator facilities licensed by the Nuclear Regulatory Commission pursuant to 10 CFR Part 50 Appendix A; and

3. Wastewater treatment tanks not exempted under (b)6 and (b)12 above.

(d) Airport hydrant systems and underground storage tank systems with field constructed tanks shall comply with N.J.A.C. 7:14B-4A.

(e) Underground storage tank systems identified as sumps are subject only to N.J.A.C. 7:14B-2, 3, 4.1(a), 4.1(e) through (l), 4.2, 5.2 through 5.7, 7, and 8.

(f)-(g) (No change.)

7:14B-1.6 Definitions

As used in this chapter, the following words and terms shall have the following meanings, unless the context clearly indicates otherwise.

"Abandon in place" or "abandonment in place" means a tank permanently eliminated from service by following the procedures in American Petroleum Institute Recommended Practice 1604, "Closure of Underground Petroleum Storage Tanks," as supplemented or amended, and left in the ground.

...

"Airport hydrant system" means an underground storage tank system that distributes fuel to aircraft and operates under high pressure with large diameter piping that typically terminates into one or more hydrants (fill stands). The airport hydrant system begins where fuel enters one or more tanks from an external source, such as a pipeline, barge, rail car, or other motor fuel carrier.

...

"Ancillary equipment" means any device including, but not limited to, piping, fittings, flanges, valves, and pumps used to distribute, meter, or control the flow of regulated substances to and from an UST.

...

"Annular space" means the space created between the primary and secondary container of a secondarily contained underground storage tank system, including ancillary piping and containment systems.

...

"Class A operator" means the individual designated by the owner and operator to have primary responsibility to operate and maintain the UST system in accordance with applicable requirements of this chapter. The Class A operator typically manages resources and personnel, such as establishing work assignments, to achieve and maintain compliance with regulatory requirements. An individual does not, solely by virtue of being designated a Class A operator, become an "operator" as defined in this section.

[page=430]"Class B operator" means the individual designated by the owner and operator to have day-to-day responsibility for implementing applicable regulatory requirements established by the Department. The Class B operator typically implements in-field aspects of operation, maintenance, and associated recordkeeping for the UST system. An individual does not, solely by virtue of being designated a Class B operator, become an "operator" as defined in this section.

"Class C operator" means an individual designated by the owner and operator to be responsible for initially responding to emergencies presented by a spill or release from an UST system. The Class C operator typically controls or monitors the dispensing or sale of regulated substances. An individual does not, solely by virtue of being designated a Class C operator, become an "operator" as defined in this section.

...

"Compartmented tank" means any underground storage tank that is divided by one or more walls or bulkheads to create individual and separate compartments within the underground storage tank. Each compartment is a separate regulated tank, requiring separate tank identification on the New Jersey Underground Storage Tank Facility Certification Questionnaire.

...

"Containment device" or "containment sump" or "containment system" means a liquid-tight structure or system of structures that provide containment of any regulated substance release. Containment devices are typically used underneath product dispensers, enclosing submersible turbine pumps or below piping connections/transitions, and may be single walled or secondarily contained.

...

"Dispenser" means equipment located aboveground that dispenses regulated substances to a point of use outside the UST system, such as a motor vehicle.

"Dispenser system" means the dispenser and the equipment necessary to connect the dispenser to the UST system.

...

"Entire piping run" means the total length of product piping from the tank to the dispenser.

...

"Facility certification" means the annual registration of a facility with the Department pursuant to this chapter.

...

"Field-constructed tank" means a tank constructed in the field. For example, a tank constructed of concrete that is poured in the field, or a steel or fiberglass tank primarily fabricated in the field is field-constructed.

...

"Heating oil" means any grade of petroleum product including, but not limited to, No. 1, 2, 4 (light and heavy), 5 (light and heavy), and 6 fuel oils, other residual fuel oils (including Navy Special Fuel Oil and Bunker C), diesel, and kerosene of any grade or type used in the operation of heating equipment, boilers, or furnaces.

...

"Interstitial monitor" means a device used to check the space between the primary and secondary container of an underground storage tank system with secondary containment, including ancillary piping and containment systems, for leaks and alert the operator if a leak is suspected or detected.

"Interstitial space" or "interstice" means annular space.

...

"Line leak detector" or "LLD" means a mechanical or electro-mechanical device that is fitted to the submersible turbine pump (STP) or associated pressurized product piping that is employed to detect a piping leak of three gallons per hour (gph) or greater at 10 psi.

...

"Liquid sensor" means an electro-mechanical device, typically used in conjunction with a monitoring system, which detects either the presence of water and/or the liquid phase of a hazardous substance.

...

"Maintenance" means the normal operational upkeep to prevent an underground storage tank system from releasing product.

...

"Motor fuel" means any petroleum or petroleum-based substance, such as motor gasoline, aviation gasoline, No. 1 or No. 2 diesel fuel, kerosene, or any grade of gasohol, that is typically used in the operation of any type of engine. This definition applies to blended petroleum motor fuels such as biodiesel and ethanol blends that contain petroleum or petroleum-based substances.

...

"Operational life" refers to the period beginning when installation of the tank system has commenced until the time the tank system is properly closed under N.J.A.C. 7:14B-9.

...

"Operator" means each person who leases, operates, controls, supervises, or has responsibility for, the daily operation of a facility, and each person who has the authority to operate, control, or supervise the daily operation of a facility. There may be more than one operator of an UST facility.

...

"Person" means any individual or entity, including without limitation, a public or private corporation, company, estate, association, society, business firm, partnership, joint stock company, foreign individual or entity, interstate agency or authority, the United States and any of its political subdivisions, the State of New Jersey, or any of its political subdivisions, or any of the other meanings that apply to the common understanding of the term. "Person" shall, for the purpose of enforcement, also include a responsible corporate official, which includes a managing member of a limited liability company or a general partner of a partnership.

...

"Regulated heating oil tank system" means any one or combination of tanks, including appurtenant pipes, lines, fixtures, and other related equipment, with a tank capacity of 2,001 gallons or more used to store heating oil for on-site consumption in a nonresidential building, the volume of which, including the volume of the appurtenant pipes, lines, fixtures, and other related equipment, is 10 percent or more below the ground.

"Regulated substance" means "hazardous substance."

...

"Release detection" means determining whether a release of a hazardous substance has occurred from the UST system into the environment or a leak has occurred into the interstitial space between the UST system and its secondary barrier or secondary containment around it.

...

"Repair" means to restore to proper operating condition a tank, pipe, spill prevention equipment, overfill prevention equipment, corrosion protection equipment, release detection equipment, or other UST system component that has caused a release or a suspected release of product from the UST system or has failed to function properly.

...

"Secondary containment" or "secondarily contained" means an additional layer of impervious material creating a space wherein a leak of hazardous substances from an underground storage tank system may be detected before it enters the environment. This containment provides an interstitial space to be monitored for leaks. The term includes containment sumps when performing interstitial monitoring of piping.

...

"Swing joint" means a flexible connector device made of steel elbows and pipe nipples that allow movement in the piping run.

...

"Under-dispenser containment" or "UDC" means containment device underneath a dispenser system designed to prevent leaks from the dispenser and piping within or above the UDC from reaching soil or ground water.

...

"Underground storage tank" or "UST" means any one or combination of tanks as set forth in N.J.A.C. 7:14B-1.4, including appurtenant pipes, lines, fixtures, and other related equipment, used to contain an accumulation of hazardous substances, the volume of which, including [page=431] the volume of the appurtenant pipes, lines, fixtures, and other related equipment, is 10 percent or more beneath the surface of the ground.

...

"Underground storage tank registration certificate" or "UST registration certificate" means a certificate the Department issues authorizing an owner and operator to operate an UST facility pursuant to this chapter.

...

"Unmanned facility" means a facility that does not have an attendant present during all hours of operation to respond to alarms or emergencies related to the UST system. Examples of unmanned facilities include, but are not limited to, card lock or card access fueling stations, telecommunication towers or utility transfer stations serviced by emergency generator USTs, and unattended UST systems located at industrial or governmental facilities.

...

"Upgrade" means the addition or retrofit of one or more systems, such as cathodic protection, lining, spill and overfill controls, or secondary containment, to improve the ability of an underground storage tank system to prevent the release of product.

...

"Wastewater treatment tank" means a tank that is part of a wastewater treatment facility regulated under either section 402 or 307(b) of the Federal Water Pollution Control Act (33 U.S.C. §§ 1251 et seq.) and designed to receive and treat or stores an influent wastewater which contains a hazardous substance, or is regulated as a treatment works pursuant to N.J.A.C. 7:14A-1 et seq.

"Wellhead protection area" means an aquifer area described in a plan view around a well, from within which ground water flows to the well and through which ground water pollution, if it occurs, may pose a significant threat to the water quality of the well. The wellhead protection area is delimited by the use of time-of-travel and hydrologic boundaries.

7:14B-1.7 Application certifications

(a) Any person making a submission to the Department pursuant to this chapter shall include the signatures and certification pursuant to (b) through (e) below.

(b) (No change in text.)

(c) The owner and operator shall include in each document submitted in accordance with N.J.A.C. 7:14B-10.3(b)9 the following certification signed by the licensed site remediation professional:

"I certify under penalty of law that I have reviewed the plans for the proposed release detection monitoring system and this system is appropriate for the underground storage tank system design and hazardous substance stored and fulfills the monitoring requirements of N.J.A.C. 7:14B-6. I am aware that there are significant civil and criminal penalties for submitting false, inaccurate or incomplete information, including fines and/or imprisonment."

(d) (No change in text.)

(e) Any individual certified as a cathodic protection specialist or cathodic protection tester pursuant to N.J.A.C. 7:14B-13.2(a)4, who submits a cathodic protection permit application in accordance with N.J.A.C. 7:14B-10.3(b)5, shall sign, date, and submit to the Department the following certification:

"I certify under penalty of law that I have reviewed the plans for the proposed cathodic protection system and this system is appropriate for the underground storage tank system and fulfills the corrosion protection requirements of N.J.A.C. 7:14B-4. I am aware that there are significant civil and criminal penalties for submitting false, inaccurate or incomplete information, including fines and/or imprisonment."

SUBCHAPTER 2. REGISTRATION REQUIREMENTS AND PROCEDURES

7:14B-2.1 General registration requirements

(a) The owner and each operator shall register each underground storage tank facility with the Department pursuant to N.J.A.C. 7:14B-2.2, as follows:

1. At least 30 days prior to the use of an underground storage tank system installed after December 21, 1987; and

2. Prior to beginning any closure activities on an underground storage tank system if the tank is not identified on the facility's underground storage tank registration certificate.

(b) The owner and each operator shall amend the underground storage tank facility registration pursuant to N.J.A.C. 7:14B-2.2:

1. Within 30 days after a substantial modification to a facility or the underground storage tank system;

2. Within 30 days after a change in the hazardous substance stored in an underground storage tank, except for any regulated substance that contains greater than 10 percent ethanol, greater than 20 percent biodiesel, or as identified by the Department which requires notification 30 days prior to introducing the substance into the system pursuant to N.J.A.C. 7:14B-5.3;

3. Within 30 days after any change in the ownership of the facility, including, but not limited to, the sale or transfer of all or a portion of the ownership;

4. Within 30 days after the addition, removal, replacement, or other change to an operator of the facility;

5. Within 30 days after the addition, removal, or replacement of the facility's designated Class A or Class B operator;

6. Within 30 days after termination, modification, addition, or other change to the financial responsibility for the UST system, as set forth in N.J.A.C. 7:14B-15;

7. Within seven days after taking an underground storage tank system out of service or closure of an underground storage tank system; and

8. At least 30 days prior to putting an out-of-service underground storage tank system back into service.

(c) The owner and operator shall only use an underground storage tank upon receipt from the Department of a valid UST registration certificate. The UST registration certificate shall reflect an expiration date, which shall not exceed one year from the date of issuance.

(d) An owner and each operator shall, at least 60 days prior to the expiration date of the facility's UST registration certificate, renew the underground storage tank registration in accordance with N.J.A.C. 7:14B-2.2.

7:14B-2.2 Procedure to apply for, renew, or amend an UST registration

(a) To apply for, renew, or amend an UST registration in accordance with N.J.A.C. 7:14B-2.1, the owner and each operator shall fully and accurately complete a single New Jersey Underground Storage Tank Facility Certification Questionnaire, using the most recent version available from the Department at www.nj.gov/dep/srp/forms/ust.

(b) The owner and each operator shall submit the completed New Jersey Underground Storage Tank Facility Certification Questionnaire with required certification forms or attachments, as applicable, to the Department at the following address:

New Jersey Department of Environmental Protection

Site Remediation Program and Waste Management

Bureau of Case Assignment and Initial Notice

Mail Code 401-05H

401 East State Street, 5th floor

PO Box 420

Trenton, New Jersey 08625-0420

http://www.nj.gov/dep/srp/bust/bust.htm

(c) The owner and each operator shall supply the following information on the New Jersey Underground Storage Tank Facility Certification Questionnaire:

1. The UST facility name, the facility ID number, location, and municipal tax block(s) and lot(s);

2. The name and contact information of the owner of the real property on which the facility is located;

3. The name and contact information of the facility owner. If the owner is a corporation, a limited liability company, a partnership, a limited partnership, or other form of business, the New Jersey Business Entity ID number, the date of the original business formation and/or registration filed with the State, the type of business entity, and the name and contact information of the corporate officer, partner, or other person with primary decision making authority regarding the facility;

4. The name and contact information for each operator of the facility. If an operator is a corporation, a limited liability company, a partnership, [page=432] a limited partnership, or other form of business, the New Jersey Business Entity ID number, include the date of the original business formation and/or registration filed with the State, the type of business entity, and the name and contact information of the corporate officer, partner, or other person with primary decision making authority regarding the facility;

5. The number and type of underground storage tank systems at the facility, including, but not limited to, contents, size, age, type of construction, and other characteristics of each tank system;

6. For initial registration, a site plan of the facility, including the location of the tanks, lines, pumps, dispensers, fill pipes, and other features of the tank system, including the distance from existing buildings and property boundaries;

7. The name and contact information of each designated Class A and Class B operator at the facility;

8. The name and address of the person authorized to accept billing information from the Department;

9. For all general liability insurance or other financial responsibility assurance mechanisms, the following:

i.-iii. (No change.)

iv. Policy number (if applicable);

v. Name of insured;

vi. Limit of liability for each occurrence or incident (exclusive of legal defense costs);

vii. Limit of liability for annual aggregate (exclusive of legal defense costs); and

viii. The entire financial responsibility assurance mechanism document;

10. The installer certification, if required in accordance with (h) below; and

11. Certifications of the facility owner and each operator, as set forth in (e) through (g) below.

(d) If an amendment to the UST facility registration is required pursuant to N.J.A.C. 7:14B-2.1(b), the owner and each operator shall provide to the Department a revised New Jersey Underground Storage Tank Facility Certification Questionnaire, except that the section titled "Specific Tank Information" on the New Jersey Underground Storage Tank Facility Certification Questionnaire is not required unless the information in that section of the most recently submitted Questionnaire is not correct.

(e) The owner and each operator shall sign the New Jersey Underground Storage Tank Facility Certification Questionnaire as follows:

1. For a corporation, a responsible corporate official shall sign. For the purpose of this section, a responsible corporate official means:

i. A president, secretary, treasurer, or vice-president of the corporation in charge of a principal business function, or any other person who performs for the corporation similar policy or decision-making functions which have the potential to affect a facility's compliance, or the individual to whom the manager in (e)1ii below reports directly or indirectly for the corporation; or

ii. The manager of one or more manufacturing, production, or operating facilities, provided:

(1) The manager is authorized to make management decisions that govern the operation of the facility, including having the explicit or implicit duty of recommending major capital investment, initiating and directing comprehensive measures to ensure long-term compliance with environmental laws and regulations, and ensuring that the necessary systems are established or actions taken to gather complete and accurate monitoring; or

(2) The authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures;

2. For a limited liability company, a responsible company official shall sign. For the purpose of this section, a responsible company official means an individual who has the authority to bind the limited liability company to the provisions of this chapter, including without limitation, an officer, member, or manager of the limited liability company;

3. For a partnership or sole proprietorship, a general partner or the proprietor, respectively, shall sign;

4. For a municipality, county, State, Federal, or other public agency, either a principal executive officer or ranking elected official shall sign. For purposes of this section, a principal executive officer of a Federal agency includes:

i. The chief executive officer of the agency; or

ii. A senior executive officer having responsibility for the overall operations of a principal geographic unit of the agency (for example, Regional Administrator); or

5. A duly authorized representative shall sign if:

i. The authorization is made in writing by a person described in (e)1 through 4 above;

ii. The authorization specifies either an individual or a position whose occupant has responsibility for the overall operation of the facility, or an individual or position whose occupant has overall responsibility for environmental matters for the owner or operator. (A duly authorized representative may thus be either a named individual or any individual occupying a named position.); and

iii. The owner or operator submits the written authorization to the Department along with the New Jersey Underground Storage Tank Facility Certification Questionnaire.

(f) Each individual signing a New Jersey Underground Storage Tank Facility Certification Questionnaire as, or on behalf of, the owner shall make the following certification:

"I certify under penalty of law that:

1. I have read, understand, and have followed the applicable rules and instructions for this New Jersey Underground Storage Tank Facility Certification Questionnaire;

2. I have personally examined and am familiar with the information submitted in this New Jersey Underground Storage Tank Facility Certification Questionnaire and all attached documents;

3. I believe, based on my inquiry of those individuals responsible for obtaining the information, that the submitted information is true, accurate and complete;

4. This facility is in compliance with N.J.A.C. 7:14B; and

5. I am the person required, pursuant to N.J.A.C. 7:14B-2.2, to sign this New Jersey Underground Storage Tank Facility Certification Questionnaire for the owner of this facility.

6. I am aware that there are significant civil penalties for knowingly submitting false, inaccurate or incomplete information and that I am committing a crime of the fourth degree if I make a written false statement which I do not believe to be true. I am also aware that if I knowingly direct or authorize the violation of any statute or regulation, I am personally liable for penalties."

(g) Each person signing a New Jersey Underground Storage Tank Facility Certification Questionnaire as, or on behalf of, a facility operator shall make the following certification:

"I certify under penalty of law that:

1. I have read, understand, and have followed the applicable rules and instructions for this New Jersey Underground Storage Tank Facility Certification Questionnaire;

2. I have personally examined and am familiar with the information submitted in this New Jersey Underground Storage Tank Facility Certification Questionnaire and all attached documents;

3. I believe, based on my inquiry of those individuals responsible for obtaining the information, that the submitted information is true, accurate and complete;

4. This facility is in compliance with N.J.A.C. 7:14B; and

5. I am the person required, pursuant to N.J.A.C. 7:14B-2.2, to sign this New Jersey Underground Storage Tank Facility Certification Questionnaire for an operator of this facility.

(h) For an initial facility UST registration or an amendment to an UST registration to include an UST system installed after *[(the operative date of this amendment)]* *January 16, 2018*, or an amendment to an UST registration to identify an out-of-service UST [page=433] system being returned to service after *[(the operative date of this amendment)]* *January 16, 2018*, the owner and each operator shall include on the New Jersey Underground Storage Tank Facility Certification Questionnaire the certification of an installer certified in accordance with N.J.A.C. 7:14B-13 that the UST system and/or out-of-service UST system is/are properly designed and capable of being put into service.

7:14B-2.3 Change in ownership of a facility

(a) An underground storage tank registration certificate is not transferable. Upon acquiring ownership, the owner and operator shall amend the facility registration by notifying the Department pursuant to N.J.A.C. 7:14B-2.2.

(b) The facility owner shall notify the Department, in writing, at least 30 days prior to the sale or transfer of all or any portion of the facility, and shall provide the following:

1. Contact information of the current facility owner;

2. Contact information of the prospective facility owner;

3. The underground storage tank facility ID number;

4. The address of the facility;

5. The extent of the ownership to be sold or transferred; and

6. A date of sale or transfer, if available.

7:14B-2.4 (No change in text.)

7:14B-2.5 UST registration certificate

(a) The owner and operator shall prominently display a valid UST Registration Certificate at the facility or shall make the UST registration certificate available for inspection by any authorized local, State, or Federal representative.

(b) The owner and operator of more than 25 separate facilities may request, in writing to the Director at the address set forth at N.J.A.C. 7:14B-2.2(b), that the Department mail the UST Registration Certificates of the multiple facilities to a single address. The owner and operator shall be responsible for ensuring that the UST registration certificates are then sent to the proper facilities.

7:14B-2.6 Denial or revocation of an UST registration certificate

(a) The Department may, in its discretion, deny the issuance of or revoke an UST registration certificate upon its determination that the owner or an operator:

1. Submitted a New Jersey Underground Storage Tank Facility Certification Questionnaire that is incomplete, contains false or inaccurate information and/or is illegible;

2. Failed to enclose the applicable UST registration fee, pursuant to N.J.A.C. 7:14B-3.1, with the New Jersey Underground Storage Tank Facility Certification Questionnaire;

3. Failed to comply with any requirement of the State Act or this chapter, or an order issued pursuant to the State Act or this chapter;

4. Failed to comply with N.J.A.C. 7:26C-2.2(a)2; or

5. Denied the Department or its authorized representative access to the system during any reasonable hour.

(b) The Department shall inform the owner and operator of the denial or revocation of an UST registration certificate by providing written notice that includes:

1. The specific grounds for denial or revocation as set forth in (a) above; and

2. Notice that the owner and operator may each request a hearing, pursuant to N.J.A.C. 7:14B-12.2, on the denial or revocation.

(c) The Department shall serve this Notice to an owner and operator by certified mail (return receipt requested) or by personal service.

(d) An owner and operator that receives a Notice from the Department denying or revoking a UST registration certificate shall not use the tank(s) as required by N.J.A.C. 7:14B-2.1(c).

(e) If the Department denies or revokes an UST registration certificate, an owner and operator may, collectively or independently, request a hearing pursuant to N.J.A.C. 7:14B-12.2.

7:14B-2.7 (Reserved)

SUBCHAPTER 3. FEES

7:14B-3.1 Initial registration fee

The owner and operator of a facility that has not been previously registered with the Department shall submit a $ 200.00 initial registration fee for each facility upon the initial registration of the facility with the Department. This fee does not apply for any tanks added to a facility with an existing UST registration certificate. The Department shall issue an UST registration certificate only after receipt of the Initial Registration Fee and completed New Jersey Underground Storage Tank Facility Certification Questionnaire.

7:14B-3.2 Annual renewal certification fee

(a) The owner and operator shall pay an annual renewal certification fee of $ 50.00 per UST facility for the one-year certification cycle, within the time frame the Department sets forth in an invoice.

(b) The owner and operator who failed to register the UST system and pay the necessary fees when initially required in 1988 or when the tank system was installed, whichever is later, shall be responsible for paying all applicable renewal fees for the years the tank system was not closed in accordance with API Recommended Practice 1604, titled "Closure of Underground Petroleum Storage Tanks." Payment of these fees by the owner and operator does not restrict the Department from taking enforcement action against the owner, or operator, or both, pursuant to N.J.A.C. 7:14B-12.

7:14B-3.5 Program fees and oversight costs

(a) The owner and operator of an existing, former, or proposed underground storage tank system shall pay all required fees and costs pursuant to this chapter and shall:

1. Submit a separate fee for each activity at a facility which requires a permit or approval at the time the application is submitted. The owner and operator shall pay a separate fee for resubmissions of the same application when the application is disapproved due to technical deficiencies in the initial submittal;

2.-3. (No change.)

(b) (No change.)

(c) When an owner and operator applies for a permit pursuant to N.J.A.C. 7:14B-4.1(a), and in accordance with N.J.A.C. 7:14B-10, the owner and operator shall pay a permit fee of $ 450.00 for the installation or substantial modification of an underground storage tank system.

(d) (No change.)

(e) The owner and operator shall pay fees and oversight costs related to investigation, closure and remediation of an underground storage tank system pursuant to the Administrative Requirements for the Remediation of Contaminated Sites, N.J.A.C. 7:26C-4.

(f) The owner and operator shall make all payments of fees required by this chapter as follows:

1.-2. (No change.)

SUBCHAPTER 4. UNDERGROUND STORAGE TANK SYSTEMS: DESIGN, CONSTRUCTION, AND INSTALLATION

7:14B-4.1 Performance standards for underground storage tank systems

(a) Owners and operators of underground storage tank systems which are installed on or after September 4, 1990, shall obtain a permit in accordance with N.J.A.C. 7:14B-10 before installation and ensure that the systems meet the following performance standards:

1. Each tank shall be properly designed and constructed, and any portion underground that routinely contains product shall be protected from corrosion, in accordance with a code of practice developed by a nationally recognized association or independent testing laboratory as specified below:

i.-iii. (No change.)

iv. The tank shall be constructed of metal without additional corrosion protection measures provided that:

(1) (No change.)

[page=434] (2) Owners and operators maintain records that demonstrate compliance with the requirements of (a)1iv(1) above for the remaining life of the tank;

v. Except as set forth in (a)1v(1) below, each tank for which installation begins on or after April 11, 2016, shall be designed and constructed with secondary containment and interstitial monitoring in accordance with N.J.A.C. 7:14B-6.5(a)7, such that in the event of a primary containment breach the secondary containment shall contain regulated substances until they are detected and removed. Secondary containment shall prevent the release of regulated substances to the environment at all times during the operational life of the tank.

(1) The provisions of (a)1v above shall apply to a regulated heating oil tank system for which installation begins on or after *[(180 days after the operative date of this amendment)]* *July 15, 2018*.

vi. For each tank installed prior to *[(the operative date of the amendments)]* *January 16, 2018*, that has secondary containment and is performing interstitial monitoring as of *[(the operative date of the amendments)]* *January 16, 2018*, shall maintain interstitial monitoring at all times during the operational life of the tank.

2. The piping, including metallic swing joints and metallic flex connectors, that routinely contains regulated substances and is in contact with the ground shall be properly designed, constructed, and protected from corrosion in accordance with a code of practice developed by a nationally recognized association or independent testing laboratory as specified below:

i.-ii. (No change.)

iii. The piping shall be constructed of metal without additional corrosion protection measures provided that:

(1) (No change.)

(2) Owners and operators maintain records that demonstrate compliance with the requirements of (a)2iii(1) above for the remaining life of the piping; and

iv. Except as set forth in (a)2iv(1) below, all new or replaced piping for which installation begins on or after April 11, 2016, except suction piping that meets the requirements of N.J.A.C. 7:14B-6.2(a)2ii(1) through (5) and piping associated with field-constructed tanks greater than 50,000 gallons or airport hydrant systems, shall be designed, constructed, and installed with secondary containment and interstitial monitoring in accordance with N.J.A.C. 7:14B-6.5(a)7, such that in the event of a primary containment breach, the secondary containment shall contain the regulated substances until they are detected and removed. Secondary containment shall prevent the release of regulated substances to the environment at all times during the operational life of the UST system.

(1) For a regulated heating oil tank system, the provisions of (a)2iv above shall apply to new or replaced piping for which installation begins on or after *[(180 days after the operative date of this amendment)]* *July 15, 2018*.

v. For piping installed prior to *[(the operative date of the amendment)]* *January 16, 2018*, that has secondary containment and performing interstitial monitoring as of *[(the operative date of the amendments)]* *January 16, 2018*, shall maintain interstitial monitoring at all times during the operational life of the piping.

3. Except as provided in (a)3iv and v below, to prevent spilling and overfilling associated with product transfer to the underground storage tank system, owners and operators shall use the following:

i. Spill prevention equipment that shall prevent release of product to the environment when the transfer hose is detached from the fill pipe (for example, a spill catchment basin);

ii. Overfill prevention equipment, compatible with the delivery method used to fill the tank, that shall:

(1)-(2) (No change.)

(3) Restrict flow 30 minutes prior to overfilling, alert the operator with a high level alarm one minute before overfilling, or automatically shut off flow into the tank so that none of the fittings located on top of the tank are exposed to product due to overfilling; and

iii. Spill and overfill prevention equipment tested or inspected in accordance with N.J.A.C. 7:14B-5.10.

iv. Flow restrictors in vent lines shall not be used to comply with (a)3ii above when overfill prevention equipment is installed or replaced after October 13, 2015*, or the date provided at 40 CFR 280.20, whichever is later*.

v. Owners and operators are not required to use the spill and overfill prevention equipment specified in (a)3i, ii, and iii above if the underground storage tank system is filled by transfers of no more than 25 gallons at one time.

4. The UST system shall be properly installed in accordance with a code of practice developed by a nationally recognized association or independent testing laboratory and in accordance with the manufacturer's instructions.

5. All owners and operators shall ensure that the following methods of certification or inspection are used to demonstrate compliance with N.J.A.C. 7:14B-4.1(a)4 by maintaining documents in accordance with the recordkeeping requirements of N.J.A.C. 7:14B-5.6.

i. (No change.)

ii. The installer has been certified by the Department in the category of Entire System Installation in accordance with N.J.A.C. 7:14B-13;

iii. All work listed in the manufacturer's installation checklists has been completed in accordance with N.J.A.C. 7:14B-5.6; and

iv. Owners and operators of an UST system installed after *[(the operative date of this amendment)]* *January 16, 2018*, shall obtain a certification by the UST system installer on the New Jersey Underground Storage Tank Facility Certification Questionnaire, pursuant to N.J.A.C. 7:14B-2.2(h).

(b) All underground storage tank systems installed on or after September 4, 1990, within wellhead protection areas as defined in N.J.A.C. 7:14B-1.6 shall be secondarily contained and monitored in accordance with the requirements of N.J.A.C. 7:14B-6.4(a)2.

(d) The owner and operator of a proposed monitoring system which uses screen and casing and is not in conformance with (c) above shall comply with N.J.S.A. 58:4A-4.1 et seq., the Subsurface and Percolating Water Act.

(e) The following codes and standards, incorporated herein by reference, as amended and supplemented, shall be used to comply with (a)1i above:

1. Underwriters Laboratories Standard 1316, "Glass-Fiber-Reinforced Plastic Underground Storage Tanks for Petroleum Products, Alcohols, and Alcohol-Gasoline Mixtures" (available at www.UL.com); or

2. Underwriters Laboratories of Canada ULC-S615, "Standard for Fibre Reinforced Plastic Underground Tanks for Flammable and Combustible Liquids" (available at canada.UL.com).

(f) The following codes and standards, incorporated herein by reference, as amended and supplemented, shall be used to comply with (a)1ii:

1. Steel Tank Institute "sti-P3(R) Specification and Manual for External Corrosion Protection of Underground Steel Storage Tanks" (available at www.steeltank.com);

2. Underwriters Laboratories of Canada ULC-S603, "Standard for Steel Underground Tanks for Flammable and Combustible Liquids"; ULC-S603.1, "External Corrosion Protection Systems for Steel Underground Tanks for Flammable and Combustible Liquids"; and ULC-S631, "Standard for Isolating Bushings for Steel Underground Tanks Protected with External Corrosion Protection Systems";

3. NACE International Standard Practice SP 0285, "External Corrosion Control of Underground Storage Tank Systems by Cathodic Protection," (available at www.NACE.org) and Underwriters Laboratories Standard 58, "Standard for Steel Underground Tanks for Flammable and Combustible Liquids" (available at www.UL.com);

4. Underwriters Laboratories Standard 1746, "Standard for External Corrosion Protection Systems for Steel Underground Storage Tanks" (available at www.UL.com); or

5. Steel Tank Institute Standard F841, "Standard for Dual Wall Underground Steel Storage Tanks" (available at www.steeltank.com).

(g) The following codes and standards, as applicable, incorporated herein by reference, as amended and supplemented, shall be used to comply with (a)1iii above:

1. Underwriters Laboratories Standard 1746, "External Corrosion Protection Systems for Steel Underground Storage Tanks" (available at www.UL.com);

[page=435] 2. Steel Tank Institute ACT-100R Specification F894, "Specification for External Corrosion Protection of FRP Composite Steel Underground Storage Tanks" (available at www.steeltank.com);

3. Steel Tank Institute ACT-100-UR Specification F961, "Specification for External Corrosion Protection of Composite Steel Underground Storage Tanks" (available at www.steeltank.com); or

4. Steel Tank Institute Specification F922, "Steel Tank Institute Specification for Permatank(R)" (available at www.steeltank.com).

(h) The following codes and standards, incorporated herein by reference, as amended and supplemented, shall be used to comply with (a)2i above:

1. Underwriters Laboratories Standard 971, "Non-Metallic Underground Piping for Flammable Liquids" (available at www.UL.com);

2. Underwriters Laboratories Standard 567, "Pipe Connectors for Petroleum Products and LP Gas" (available at www.UL.com); or

3. Underwriters Laboratories of Canada Standard S660, "Standard for Nonmetallic Underground Piping for Flammable and Combustible Liquids" (available at canada.UL.com).

(i) The following codes and standards, incorporated herein by reference, as amended and supplemented, shall be used to comply with (a)2ii above:

1. (No change.)

2. American Petroleum Institute Publication 1615, "Installation of Underground Storage Petroleum Systems" (obtained from Global Engineering Documents at 15 Inverness Way East, Englewood, Colorado 80122);

3. American Petroleum Institute Publication 1632, "Cathodic Protection of Underground Petroleum Storage Tanks and Piping Systems" (available at www.api.org);

4. NACE International Standard Practice SP 0169, "Control of External Corrosion on Underground or Submerged Metallic Piping Systems" (available at www.NACE.org);

5. Underwriters Laboratories Subject 971A, "Outline of Investigation for Metallic Underground Fuel Pipe" (available at www.UL.com);

6. Steel Tank Institute Recommended Practice R892, "Recommended Practice for Corrosion Protection of Underground Piping Networks Associated with Liquid Storage and Dispensing Systems" (available at www.steeltank.com); or

7. NACE International Standard Practice SP 0285, "External Corrosion Control of Underground Storage Tank Systems by Cathodic Protection" (available at www.NACE.org).

(j) The following codes and standards, incorporated herein by reference, as amended and supplemented, shall be used to comply with (a)2iii above:

1. (No change.)

2. NACE International Standard Practice SP 0169, "Control of External Corrosion on Underground or Submerged Metallic Piping Systems" (available at www.NACE.org).

(k) The UST system installation practices and procedures described in the following codes and standards, incorporated herein by reference, as amended and supplemented, shall be used to comply with (a)4 above:

1. American Petroleum Institute Publication 1615, "Installation of Underground Petroleum Storage Systems" (available at www.api.org);

2. Petroleum Equipment Institute Publication RP100, "Recommended Practices for Installation of Underground Liquid Storage Systems" (available at www.pei.org);

3. American National Standards Institute Standard B31.3, "Process Piping," and American National Standards Institute Standard B31.4, "Liquid Transportation Systems for Hydrocarbons, Liquid Petroleum Gas, Anhydrous Ammonia and Alcohols" (available at global.ihs.com); or

4. National Fire Protection Association Standard 30, "Flammable and Combustible Liquids Code" and Standard 30A, "Code for Motor Fuel Dispensing Facilities and Repair Garages" (available at www.nfpa.org).

(l) (No change.)

7:14B-4.1A Performance standards for dispenser systems

(a) Each UST system shall be equipped with under-dispenser containment (UDC) for any new dispenser system installed on or after April 11, 2016.

1. A dispenser system is considered new when both the dispenser and the equipment needed to connect the dispenser to the underground storage tank system are installed at an UST facility. The equipment necessary to connect the dispenser to the underground storage tank system includes check valves, shear valves, unburied risers or flexible connectors, or other transitional components that are beneath the dispenser and connect the dispenser to the underground piping.

2. Under-dispenser containment shall:

i. Be liquid-tight on its sides, bottom, and at any penetrations;

ii. Be compatible with the substance conveyed by the piping; and

iii. Allow for visual inspection and access to the components in the containment system, or be monitored for leaks from the dispenser system, in accordance with N.J.A.C. 7:14B-5.12(a)1ii.

7:14B-4.2 Requirements for substantial modification or upgrade of an underground storage tank system

(a) Any substantial modification or upgrade to an underground storage tank system, excluding field constructed tanks and airport hydrant systems regulated pursuant to N.J.A.C. 7:14B-4A, shall meet the following requirements:

1. The permit requirements at N.J.A.C. 7:14B-10, prior to initiating a substantial modification or upgrade to an underground storage tank system;

2. The underground storage tank system performance standards under N.J.A.C. 7:14B-4.1; and

3. The requirements in sections (b) through (g) below.

(b) Any substantial modification or upgrade to a steel or fiberglass tank system shall meet the following requirements, as applicable, in accordance with a code of practice developed by a nationally recognized association or independent testing laboratory:

1. A tank may be upgraded by internal lining if the lining is installed in accordance with the requirements of N.J.A.C. 7:14B-5.4, and provided the internal inspection determines the tank is structurally sound. A steel tank shall have sufficient wall thickness (minimum 1/8 inch or 0.32 centimeter), and cathodic protection in accordance with N.J.A.C. 7:14B-4.1(a)1ii(2), (3), and (4).

i. (No change.)

ii. If the internal inspection reveals that the tank is not structurally sound, or the internal lining is not performing in accordance with original design specifications and cannot be repaired according to a code of practice developed by a nationally recognized association or independent testing laboratory, the lined tank shall be closed in accordance with N.J.A.C. 7:14B-9.2.

iii. For a steel tank upgraded by both internal lining and cathodic protection for corrosion protection, where the internal lining is failing and cannot be repaired, the tank shall not require closure pursuant to (b)1ii above, provided the owner and operator demonstrate that the UST system construction continues to prevent the release or threatened release of any stored regulated substance and the cathodic protection is maintained and operated according to N.J.A.C. 7:14B-5.2. Demonstration shall be made by providing the Department a permit application in accordance with N.J.A.C. 7:14B-10, and records indicating, at a minimum:

(1) The tank installation date;

(2) The installation date and purpose for the internal lining upgrade, and records of the internal inspection(s) required pursuant to (b)1i above;

(3) The installation date of the cathodic protection system upgrade, documentation of operation of the cathodic protection system maintained pursuant to N.J.A.C. 7:14B-5.6(a)1ii and documentation of the method used to ensure tank integrity required pursuant to (b)2 below; and

(4) Evidence of tank integrity, such as precision tank test results.

2. Any substantial modification or upgrade involving cathodic protection shall meet the requirements of N.J.A.C. 7:14B-4.1(a)1ii(2), (3), and (4) and the integrity of the tank is ensured using one of the following methods:

[page=436] i. The tank is internally inspected and assessed to ensure that the tank is structurally sound, has sufficient wall thickness (minimum 1/8 inch or 0.32 centimeter) for steel tanks), and is free of corrosion holes prior to installing the cathodic protection system;

ii.-iv. (No change.)

3. (No change in text.)

(c) Any substantial modification or upgrade to piping that routinely contains regulated substances, shall meet the requirements of N.J.A.C. 7:14B-4.1(a)2ii(2), (3), and (4) and 5.4, as applicable, and be conducted in accordance with a code of practice developed by a nationally recognized association or independent testing laboratory.

(d) Any substantial modification or upgrade to equipment designed to prevent spilling and overfilling associated with product transfer to the underground storage tank system shall meet the requirements specified in N.J.A.C. 7:14B-4.1(a)3, 5.4, and 5.10.

(e) The following codes and standards, incorporated herein by reference, as amended and supplemented, shall be used to comply with the requirements of (b) above:

1. American Petroleum Institute Publication 1631, "Interior Lining and Periodic Inspection of Underground Storage Tanks" (available at www.api.org);

2. National Leak Prevention Association Standard 631, "Spill Prevention, Minimum 10 Year Life Extension of Existing Steel Underground Tanks by Lining Without the Addition of Cathodic Protection" (obtained from: United States Environmental Protection Agency, Office of Underground Storage Tanks, Washington, D.C. 20460, or www.nlpa-online.org);

3. NACE International Standard Practice SP0285, "External Corrosion Control of Underground Storage Tank Systems by Cathodic Protection," (available at www.NACE.org) and Underwriters Laboratories Standard 58, "Standard for Steel underground storage tanks for Flammable and Combustible Liquids" (available at www.UL.com); or

4. American Petroleum Institute Publication 1632, "Cathodic Protection of Underground Petroleum Storage Tanks and Piping Systems" (available at www.api.org).

(f) The following codes of practice and standards, incorporated herein by reference, as amended and supplemented, and as applicable, shall be used to comply with the periodic lining inspection requirement of (b)1 above:

1. American Petroleum Institute Publication 1631, "Interior Lining and Periodic Inspection of Underground Storage Tanks" (available at www.api.org);

2. National Leak Prevention Association Standard 631, Chapter B "Future Internal Inspection Requirements for Lined Tanks"; or

3. Ken Wilcox Associates Recommended Practice, "Recommended Practice for Inspecting Buried Lined Steel Tanks Using a Video Camera" (available at www.kwaleak.com/protocols).

(g) The following codes and standards, incorporated herein by reference, as amended and supplemented, and as applicable, shall be used to comply with the requirements of (c) above:

1. American Petroleum Institute Publication 1632, "Cathodic Protection of Underground Storage Tanks and Piping Systems" (available at www.api.org);

2. NACE International Standard Practice SP 0169 "Control of External Corrosion on Underground or Submerged Metallic Piping Systems" (available at www.NACE.org);

3. Steel Tank Institute Recommended Practice R892, "Recommended Practice for Corrosion Protection of Underground Piping Networks Associated with Liquid Storage and Dispensing Systems" (available at www.steeltank.com);

4. NACE International Standard Practice SP 0285, "External Corrosion Control of Underground Storage Tank Systems by Cathodic Protection" (available at www.NACE.org); or

5. Underwriters Laboratories Subject 971A, "Outline of Investigation for Metallic Underground Fuel Pipe" (available at www.UL.com).

7:14B-4.3 Installation requirements for partially regulated underground storage tank systems

(a) For purposes of this section, "partially regulated underground storage tank systems" means those underground storage tank systems identified at N.J.A.C. 7:14B-1.4(c).

(b) An owner and operator shall install a partially regulated underground storage tank system storing regulated substances (whether of single or double wall construction) that meets the following requirements:

1. Will prevent releases due to corrosion or structural failure for the operational life of the UST system;

2. Is cathodically protected against corrosion, constructed of non-corrodible material, steel clad with a noncorrodible material, or designed in a manner to prevent the release or threatened release of any stored substance in accordance with N.J.A.C. 7:14B-4.1(a)1i through iv and (a)2i through iii; and

3. Is constructed or lined with material that is compatible with the stored substance in accordance with N.J.A.C. 7:14B-5.3.

(c) Notwithstanding (b) above, an UST system without corrosion protection may be installed at a site that is determined by a Department-certified Cathodic Protection Specialist not to be corrosive enough to cause it to have a release due to corrosion during its operating life. Owners and operators must maintain records that demonstrate compliance with the requirements of this subsection for the remaining life of the tank.

(d) The following codes of practice, as amended and supplemented, may be used as guidance to comply with the requirements of (b) and (c) above:

1. American Petroleum Institute Publication 1632, "Cathodic Protection of Underground Storage Tanks and Piping Systems" (available at www.api.org);

2. NACE International Standard Practice SP 0169 "Control of External Corrosion on Underground or Submerged Metallic Piping Systems" (available at www.NACE.org);

4. NACE International Standard Practice SP 0285, "External Corrosion Control of Underground Storage Tank Systems by Cathodic Protection" (available at www.NACE.org).

SUBCHAPTER 4A. FIELD-CONSTRUCTED TANKS AND AIRPORT HYDRANT SYSTEMS

7:14B-4A.1 Applicability

The provisions of this subchapter shall apply to field-constructed tanks and airport hydrant systems, except as provided in N.J.A.C. 7:14B-4A.2 and 16, Certification of Individuals and Business Firms for Unregulated Underground Storage Tank Systems.

7:14B-4A.2 Installation, inspection, and release detection requirements specific to underground storage tank systems with field-constructed tanks and airport hydrant systems

(a) The owner and operator may use single-walled piping when installing or replacing piping associated with underground storage tank systems with field-constructed tanks greater than 50,000 gallons and piping associated with airport hydrant systems. Piping associated with underground storage tank systems with field-constructed tanks less than or equal to 50,000 gallons that are not part of an airport hydrant system shall comply with the requirements for secondary containment in accordance with N.J.A.C. 7:14B-4.1(a)2iv, when installed or replaced.

(b) In addition to conducting walkthrough inspections in accordance with N.J.A.C. 7:14B-5.12, the owner and operator shall include, at least once every 30 days, the following additional areas for airport hydrant systems inspections, if confined space entry according to the Occupational Safety and Health Administration (see 29 CFR Part 1910) is not required, or at least annually if confined space entry is required; and maintain records documenting the inspection according to N.J.A.C. 7:14B-5.12(c):

[page=437] 1. Visually check hydrant pits for any damage, remove any liquid or debris, and check for any leaks; and

2. Check hydrant piping vaults for any hydrant piping leaks.

(c) The owner and operator of an underground storage tank system with field-constructed tanks and airport hydrant systems shall comply with the release detection requirements described below:

1. Field-constructed tanks with a capacity less than or equal to 50,000 gallons, and underground piping associated with field-constructed tanks less than or equal to 50,000 gallons shall meet the release detection requirements in accordance with N.J.A.C. 7:14B-6.

2. Field-constructed tanks with a capacity greater than 50,000 gallons shall meet either the requirements in N.J.A.C. 7:14B-6 (except N.J.A.C. 7:14B-6.5(a)5 or 6 shall be combined with inventory control as stated below) or use one or a combination of the following alternative methods of release detection:

i. Conduct an annual tank tightness test that can detect a 0.5 gallon per hour leak rate;

ii. Use an automatic tank gauging system to perform release detection at least every 30 days that can detect a leak rate less than or equal to one gallon per hour. This method must be combined with a tank tightness test that can detect a 0.2 gallon per hour leak rate performed at least every three years;

iii. Use an automatic tank gauging system to perform release detection at least every 30 days that can detect a leak rate less than or equal to two gallons per hour. This method must be combined with a tank tightness test that can detect a 0.2 gallon per hour leak rate performed at least every two years;

iv. Perform vapor monitoring (conducted in accordance with N.J.A.C. 7:14B-6.5(a)5 for a tracer compound placed in the tank system) capable of detecting a 0.1 gallon per hour leak rate at least every two years;

v. Perform inventory control (conducted in accordance with Department of Defense Directive 4140.25; ATA Airport Fuel Facility Operations and Maintenance Guidance Manual; or equivalent procedures) at least every 30 days that can detect a leak equal to or less than 0.5 percent of flow-through; and

(1) Perform a tank tightness test that can detect a 0.5 gallon per hour leak rate at least every two years; or

(2) Perform vapor monitoring or ground water monitoring (conducted in accordance with N.J.A.C. 7:14B-6.5(a)5 or 6, respectively, for the stored regulated substance) at least every 30 days; or

vi. Another method of release detection may be used if the owner and operator comply with the requirements below. In evaluating a method, the Department shall consider the size of release that the method can detect and the frequency and reliability with which it can be detected.

(1) Demonstrate to the Department that the alternate method(s) can detect a release as effectively as any of the methods allowed in (c)2i through v above.

(2) Obtain approval from the Department, through the issuance of a permit pursuant to N.J.A.C. 7:14B-10, and comply with any conditions imposed by the Department on its use to ensure the protection of human health and the environment.

3. Underground piping associated with airport hydrant systems and field-constructed tanks greater than 50,000 gallons shall meet either the requirements in N.J.A.C. 7:14B-6 (except N.J.A.C. 7:14B-6.5(a)5 or 6 shall be combined with inventory control as stated below) or use one or a combination of the following alternative methods of release detection:

i. Perform a semiannual or annual line tightness test at or above the piping operating pressure in accordance with the table below.


Maximum Leak Detection Rate per Test Section Volume

Gallons per Hour (gph)

Test Section Volume	Semiannual Test-	Annual Test-
	Leak Detection Rate	Leak Detection Rate

<50,000 gallons	1.0 gph	0.5 gph

>/=50,000 to <75,000 gallons	1.5 gph	0.75 gph

>/=75,000 to <100,000 gallons	2.0 gph	1.0 gph

>/=100,000 gallons	3.0 gph	1.5 gph

ii. Perform vapor monitoring (conducted in accordance with N.J.A.C. 7:14B-6.5(a)5 for a tracer compound placed in the tank system) capable of detecting a 0.1 gallon per hour leak rate at least every two years;

iii. Perform inventory control (conducted in accordance with Department of Defense Directive 4140.25; ATA Airport Fuel Facility Operations and Maintenance Guidance Manual; or equivalent procedures) at least every 30 days that can detect a leak equal to or less than 0.5 percent of flow-through; and

(1) Perform a line tightness test (conducted in accordance with paragraph (i) of this section using the leak rates for the semiannual test) at least every two years; or

(2) Perform vapor monitoring or ground water monitoring (conducted in accordance with N.J.A.C. 7:14B-6.5(a)5 or 6, respectively, for the stored regulated substance) at least every 30 days; or

iv. Another method of release detection may be used if the owner and operator comply with the requirements below. In evaluating a method, the Department shall consider the size of release that the method can detect and the frequency and reliability with which it can be detected.

(1) Demonstrate to the Department that the alternate method(s) can detect a release as effectively as any of the methods allowed in (c)2i through iii above.

4. The owner and operator shall maintain release detection records according to the recordkeeping requirements in N.J.A.C. 7:14B-6.7.

(d) The Department can direct the owner and operator of an underground storage tank system with field-constructed tanks or airport hydrant system permanently closed before October 13, 2015, to assess the excavation zone and close the underground storage tank system in accordance with N.J.A.C. 7:14B-9, if releases from the underground storage tank may, as judged by the Department, pose a current or potential threat to human health and the environment.

(e) An owner and operator may use military construction criteria, such as Unified Facilities Criteria (UFC) 3-460-01, "Petroleum Fuel Facilities," in addition to the codes of practice listed in N.J.A.C. 7:14B-4.1, when designing, constructing, and installing airport hydrant systems and underground storage tank systems with field-constructed tanks.

SUBCHAPTER 5. GENERAL OPERATING REQUIREMENTS

7:14B-5.1 Spill and overfill control

(a) The owner and operator shall ensure the following:

1.-3. (No change.)

(b) The transfer procedures described in National Fire Protection Association Standard 385, "Standard for Tank Vehicles for Flammable [page=438] and Combustible Liquids" (available at www.nfpa.org), and American Petroleum Institute Recommended Practice 1007, "Loading and Unloading of MC 306/DOT 406 Cargo Tank Motor Vehicles" (available at www.api.org), incorporated herein by reference, as amended and supplemented, shall be used to comply with (a) above. Further guidance on spill and overfill prevention appears in American Petroleum Institute Recommended Practice 1621, "Bulk Liquid Stock Control at Retail Outlets".

(c) The owner and operator shall report, investigate, and remediate any discharge from the underground storage tank system in accordance with the Administrative Requirements for the Remediation of Contaminated Sites, N.J.A.C. 7:26C.

7:14B-5.2 Operation and maintenance of corrosion protection

(a) All owners and operators of metallic underground storage tank systems with corrosion protection shall comply with the following requirements to ensure that releases due to corrosion are prevented for as long as the underground storage tank system is used to store regulated substances:

1. (No change.)

2. All underground storage tank systems equipped with cathodic protection systems shall be inspected for proper operation by a Cathodic Protection Tester or Cathodic Protection Specialist certified pursuant to N.J.A.C. 7:14B-13 in accordance with the following requirements:

i. (No change.)

ii. The criteria that are used to determine that cathodic protection is adequate as required by this section shall be in accordance with the following codes of practice, as applicable, incorporated herein by reference, as amended and supplemented:

(1) NACE International Test Method TM 0101, "Measurement Techniques Related to Criteria for Cathodic Protection on Underground or Submerged Metallic Tank Systems" (available at www.nace.org);

(2) NACE International Test Method TM0497, "Measurement Techniques Related to Criteria for Cathodic Protection on Underground or Submerged Metallic Piping Systems" (available at www.nace.org);

(3) Steel Tank Institute Recommended Practice R051, "Cathodic Protection Testing Procedures for sti-P3 USTs" (available at www.steeltank.com);

(4) NACE International Recommended Practice RP-02-85, "Control of Underground Storage Tank Systems by Cathodic Protection" (available at www.nace.org); or

(5) NACE International Standard Practice SP 0169, "Control of External Corrosion on Underground or Submerged Metallic Piping Systems" (available at www.nace.org).

3.-4. (No change.)

7:14B-5.3 Compatibility

(a) (No change.)

(b) Owners and operators shall notify the Department in accordance with N.J.A.C. 7:14B-2.1, at least 30 days prior to introducing into the UST system any regulated substance that contains greater than 10 percent ethanol or greater than 20 percent biodiesel, or any other regulated substance identified by the Department. Owners and operators must demonstrate compatibility of all UST system equipment and components with these regulated substances using one or more of the following methods:

1. A certification or listing of UST system equipment or components by a nationally recognized, independent testing laboratory for use with the regulated substance stored;

2. The written statement of compatibility from the equipment or component manufacturer, indicating the range of biofuel blends with which the equipment or component is compatible; or

3. Another method that the owner and operator demonstrates is no less protective of human health and the environment than the methods listed in (b)1 or 2 above.

(c) Owners and operators shall maintain documents showing compliance with (b) above, as applicable, in accordance with N.J.A.C. 7:14B-5.6(b) for as long as the underground storage tank system is used to store the regulated substance.

(d) All compartmented tanks shall hold, in each compartment, hazardous substances compatible with one another to prevent safety hazards such as a fire or explosion or corrosion of the underground storage tank system in case of breaches in the compartment walls.

(e) American Petroleum Institute Publication 1626, "Storing and Handling Ethanol and Gasoline-Ethanol Blends at Distribution Terminals and Service Stations," incorporated herein by reference, as amended and supplemented, may be used to comply with the requirements of (a) and (b) above.

7:14B-5.4 Repairs

(a) Owners and operators shall obtain a permit from the Department in accordance with N.J.A.C. 7:14B-10 and meet the following requirements to ensure that repairs shall prevent releases due to structural failure or corrosion as long as the underground storage tank system is used to store hazardous substances:

1.-2. (No change.)

3. Metal pipe sections and fittings that have released product as a result of corrosion or other damage shall be replaced. Non-corrodible pipes and fittings shall be repaired or replaced, in accordance with the manufacturer's specifications. The entire piping run shall be replaced when 50 percent or more of the piping run is replaced. The following new or replaced piping shall have secondary containment and interstitial monitoring, in accordance with N.J.A.C. 7:14B-4.1(a)2iv:

i. Except as set forth in (a)3ii below, all new or replaced piping for which installation begins on or after April 11, 2016.

ii. For a regulated heating oil tank system, all new or replaced piping for which installation begins on or after *[(180 days after the operative date of this amendment)]* *July 15, 2018*.

4. Repaired tanks and piping shall be tightness tested in accordance with N.J.A.C. 7:14B-6.5(a)3 and 6.6(a)2 within 30 calendar days following the date of the completion of the repair except when:

i.-ii. (No change.)

5. Repaired secondary containment areas, where interstitial monitoring release detection is performed, shall be tested in accordance with the manufacturer's instructions, or a code of practice developed by a nationally recognized association or independent testing laboratory within 30 days following the date of completion of the repair.

6. (No change in text.)

7. Repaired spill or overfill prevention equipment shall be tested or inspected, as appropriate, within 30 calendar days following the date of the completion of the repair, to ensure it is operating in accordance with N.J.A.C. 7:14B-5.10(a).

8. Owners and operators shall maintain records of each repair and associated test or inspection for the remaining operating life of the underground storage tank system that demonstrates compliance with the requirements of this section.

(b) (No change.)

(c) The following codes and standards, incorporated herein by reference, as amended and supplemented, shall be used to comply with the requirements of (a) above:

1. National Fire Protection Association Standard 30, "Flammable and Combustible Liquids Code" (available at www.nfpa.org);

2. American Petroleum Institute Recommended Practice RP 2200, "Repairing Crude Oil, Liquefied Petroleum Gas, and Product Pipelines" (available at www.api.org);

3. American Petroleum Institute Recommended Practice RP 1631, "Interior Lining and Periodic Inspection of Underground Storage Tanks" (available at www.api.org);

4. National Leak Prevention Association Standard 631, Chapter A, "Entry, Cleaning, Interior Inspection, Repair, and Lining of Underground Storage Tanks" (available at www.nlpa-online.org);

5. National Fire Protections Association Standard 326, "Standard for the Safeguarding of Tanks and Containers for Entry, Cleaning, or Repair" (available at www.nfpa.org);

6. Steel Tank Institute Recommended Practice R972, "Recommended Practice for the Addition of Supplemental Anodes to sti-P3(R) Tanks" (available at www.steeltank.com);

7. NACE International Standard Practice SP 0285, "Corrosion Control of Underground Storage Tank Systems by Cathodic Protection" (available at NACE.org); or

[page=439] 8. Fiberglass Tank and Pipe Institute Recommended Practice T-95-02, "Remanufacturing of Fiberglass Reinforced Plastic (FRP) Underground Storage Tanks" (available at www.fiberglasstankandpipe.com).

(d) The following codes and standards, incorporated herein by reference, as amended and supplemented, shall be used to comply with the requirements of (a)5 above:

1. Petroleum Equipment Institute Recommended Practice RP1200 "Recommended Practices for the Testing and Verification of Spill, Overfill, Leak Detection, and Secondary Containment Equipment at UST Facilities" (available at www.pei.org);

2. Steel Tank Institute Recommended Practice R012, "Recommended Practice for Interstitial Tightness Testing of Existing Underground Double Wall Steel Tanks" (available at www.steeltank.com); or

3. Fiberglass Tank and Pipe Institute Protocol, "Field Test Protocol for Testing the Annular Space of Installed Underground Fiberglass Double and Triple-Wall Tanks with Dry Annular Space" (available at www.fiberglasstankandpipe.com).

7:14B-5.5 Release response plan

(a) The owner and operator shall prepare, and update as necessary to reflect changes to the facility and to regulations governing response plans, a release response plan which includes the following information:

1. (No change.)

2. The name and telephone number(s) of the person or call center responsible for the operation of the facility during an emergency, including the Class A, B, or C operators, as applicable;

3. The procedures to be followed in the event of a leak or discharge of a hazardous substance, pursuant to N.J.A.C. 7:14B-7.3 and 8, including the procedures to address alarms associated with release detection equipment; and

4. The name and telephone number of *[any retained]* *a* licensed site remediation professional.

(b) The owner and operator shall ensure that the release response plan is available for on-site inspection.

7:14B-5.6 Recordkeeping

(a) Owners and operators shall maintain the following information until the owner and operator receives the Department's written permission to discard the records pursuant to (c) below:

1. For underground storage tank systems susceptible to corrosion:

i. A Department certified Cathodic Protection Specialist's analysis of site corrosion potential if corrosion protection equipment is not used in accordance with N.J.A.C. 7:14B-4.1(a)1iv and 2iii; and

ii. (No change.)

2.-5. (No change.)

6. Documentation of compliance with N.J.A.C. 7:14B-5.4;

(b) (No change.)

(c) After a site is no longer operational, an owner and operator may make a written request to discard any such documents. Such a request shall be accompanied by a description of the documents involved. Upon written approval by the Department, the owner and operator may discard only those documents that are not required to be preserved for a longer time period.

(d) (No change.)

(e) The recordkeeping requirements of this section are in addition to recordkeeping requirements elsewhere in this chapter.

7:14B-5.7 Right of entry

(a) The owner and operator of any property or place of business where an underground storage tank system is or might be located shall allow the Department, or an authorized representative, upon the presentation of credentials, to:

1.-5. (No change.)

7:14B-5.8 Fill port markings

The owner and operator shall permanently mark all fill ports to identify product inside the underground storage tank system. The markings shall be consistent with the colors and symbol codes established by the American Petroleum Institute Publication #1637, "Using the API Color-Symbol System to Mark Equipment and Vehicles for Product Identification at Service Station and Distribution Terminals," and the American Petroleum Institute Publication #1542, "Airport Equipment Marking for Fuel Identification," incorporated herein by reference, as amended and supplemented.

7:14B-5.10 Spill and overfill prevention equipment

(a) The owner and operator of an UST system with spill and overfill prevention equipment shall ensure that the equipment meets the following requirements:

1. Spill prevention (such as a catchment basin, spill bucket, or other spill containment device) equipment shall prevent releases to the environment by either:

i. Being constructed with two walls and the space between the walls interstitially monitored to ensure that the integrity of the walls is maintained. Interstitial monitoring shall be performed not less often than the walkthrough inspections required pursuant to N.J.A.C. 7:14B-5.12(a)1i. Within 30 days after discontinuing interstitial monitoring, the owner and operator shall begin meeting the testing requirements of (a)1ii below; or

ii. Being tested at installation and at least once every three years by using vacuum, pressure, or liquid testing to ensure that the spill prevention equipment is liquid tight, in accordance with one of the following:

(1) Requirements developed by the manufacturer, if any;

(2) A code of practice developed by a nationally recognized association or independent testing laboratory, such as Petroleum Equipment Institute Recommended Practice RP1200, "Recommended Practices for the Testing and Verification of Spill, Overfill, Leak Detection, and Secondary Containment Equipment at UST facilities" (available at www.pei.org); or

(3) A method that the owner and operator demonstrate is no less protective of human health and the environment than the requirements of (a)1ii(1) and (2) above.

2. Spill prevention equipment shall be visually inspected and cleaned of liquid and debris prior to any introduction of hazardous substances into the tank.

3. Overfill prevention equipment shall be inspected at installation and at least once every three years. At a minimum, the inspection shall ensure that overfill prevention equipment satisfies the requirements of N.J.A.C. 7:14B-4.1(a)3ii *[or iii]* *through v*, as applicable. Inspections shall be conducted in accordance with:

i. Requirements developed by the manufacturer, if any;

ii. A code of practice developed by a nationally recognized association or independent testing laboratory, such as Petroleum Equipment Institute Recommended Practice RP1200, "Recommended Practices for the Testing and Verification of Spill, Overfill, Leak Detection, and Secondary Containment Equipment at UST facilities" (available at www.pei.org); or

iii. A method that the owner and operator demonstrate is no less protective of human health and the environment than the requirements of (a)3i and ii above.

(b) The owner and operator of an UST system installed prior to October 13, 2015, shall comply with (a) above beginning no later than October 13, 2018*, or the date provided at 40 CFR 280.35, whichever is later*.

(c) Except as set forth at (c)1 below, the owner and operator of an UST system installed on or after October 13, 2015 shall comply with (a) above upon installation.

1. The owner and operator of a regulated heating oil tank system installed on or after October 13, 2015, and prior to *[(the operative date of this rule)]* *January 16, 2018,* shall comply with (a) above no later than October 13, 2018*, or the date provided at 40 CFR 280.35, whichever is later*.

(d) The owner and operator shall ensure spill and overfill prevention equipment that is found to be deficient is repaired or replaced.

(e) The owner and operator shall maintain the following records related to spill and overfill prevention equipment, in accordance with N.J.A.C. 7:14B-5.6(b):

1. All records of spill prevention equipment testing and overfill prevention equipment inspections shall be maintained for five years; and

[page=440] 2. For spill prevention equipment not tested in accordance with (a)1ii above, documentation showing that the spill prevention equipment has two walls and is interstitially monitored according to (a)1i shall be maintained for the period during which the spill prevention equipment is monitored, and for five years after monitoring ends.

7:14B-5.11 Integrity testing of containment devices where interstitial monitoring of piping is performed

(a) The owner and operator performing interstitial monitoring of UST system piping shall prevent releases to the environment by ensuring the integrity of each containment device as follows:

1. Each containment device shall be tested at least once every three years, or within 30 days of discontinuing monitoring described in (a)2 below, to ensure the equipment is liquid tight by using a vacuum, pressure, or liquid testing method, in accordance with one of the following:

i. Requirements developed by the manufacturer, if any;

iii. A method that the owner and operator demonstrates is no less protective of human health and the environment than the requirements at (a)1i and ii above.

2. Each double walled containment device shall be monitored by a method capable of detecting a breach in both the inner and outer walls of the structure. The integrity of both walls shall be monitored at a frequency not less than the walkthrough inspection described in N.J.A.C. 7:14B-5.12(a)1ii, or be tested in accordance with (a)1 above, to ensure the containment device is functioning properly.

(b) The owner and operator performing interstitial monitoring of UST system piping shall initiate testing of each containment device in accordance with (a) above as follows:

1. For an UST system installed prior to October 13, 2015, initial testing shall be performed no later than October 13, 2018*, or the date provided at 40 CFR 280.35, whichever is later*;

2. Except as set forth in 3 below, for an UST system installed on or after October 13, 2015, initial testing shall be performed upon installation of the UST system;

3. For a regulated heating oil tank system installed on or after October 13, 2015 and prior to *[(the operative date of this rule)]* *January 16, 2018*, initial testing shall be performed no later than October 13, 2018*, or the date provided at 40 CFR 280.35, whichever is later*.

1. Records of testing in accordance with (a)1 above shall be maintained for five years; and

2. Records demonstrating the containment device is double walled and monitored in accordance with (a)2 above shall be maintained for as long as that method of monitoring is performed and for five years after monitoring ends.

7:14B-5.12 Operation and maintenance walkthrough inspections

(a) Beginning no later than October 13, 2018, *or the date provided at 40 CFR 280.36, whichever is later,* each UST system inspection shall include:

1. Conducting a walkthrough inspection, at a minimum and as appropriate to the facility, as follows:

i. At least once every 30 calendar days:

(1) Open and visually inspect spill prevention equipment for damage that may compromise the integrity of the containment. Remove any liquid or debris and properly dispose of any substances collected. Check for and remove obstructions in the fill pipe, check each fill cap to make sure it is securely on the fill pipe, and check spill prevention equipment with interstitial monitoring for leaks in the interstitial area. Spill prevention equipment associated with an UST system that receives a delivery more than every 30 days shall be checked at minimum prior to each delivery;

(2) Open and visually inspect the UST system equipment and areas without a containment system at the submersible turbine pumps or below piping connections/transitions for damage or releases to the environment;

(3) Open and visually inspect the dispenser system equipment without a containment device for malfunctions, damage, or releases to the environment; and

(4) Check the release detection system to make sure the system is on and operating with no alarms or other unusual operating conditions present. Ensure records of release detection are reviewed and current.

ii. Annually:

(1) Open and visually check each containment device/sump for damage, leaks to the containment area, or releases to the environment; remove any liquid or debris from each containment device, and properly dispose of any substances collected; check each double walled containment device with interstitial monitoring for leaks in the interstitial area;

(2) Open and visually check each dispenser cabinet for damage, leaks to the containment area or releases to the environment, remove any liquid or debris from each containment device, and properly dispose of any substances collected; check each under-dispenser containment device with interstitial monitoring for leaks in the interstitial area; and

(3) Check devices such as tank gauge sticks or ground water bailers for operability and serviceability; or

2. Perform an inspection according to a standard code of practice, developed by a nationally recognized association or independent testing laboratory, that checks equipment comparable to (a)1 above, such as Petroleum Equipment Institute Recommended Practice RP 900, "Recommended Practices for the Inspection and Maintenance of UST Systems" (available at www.pei.org).

(b) If the walkthrough inspection identifies a release to the environment, the owner and operator shall immediately remove the deficient equipment from use and comply with N.J.A.C. 7:14B-7 for release reporting and investigation. Corrective action shall be taken to address other equipment malfunctions or deficient areas identified during a walkthrough inspection, to ensure proper operation of the UST system and prevent a release to the environment.

(c) In accordance with N.J.A.C. 7:14B-5.6(b), the owner and operator shall maintain records of operation and maintenance walkthrough inspections for five years. The record shall identify the areas checked, whether each area checked was acceptable or required corrective action, a description of any corrective action taken, and delivery records if spill prevention equipment is checked less than every 30 days due to infrequent deliveries.

7:14B-5.13 Specific operating requirements for unmanned facilities

(a) The owner and operator of an unmanned facility shall ensure that the facility has clearly visible, weather resistant signs providing emergency procedures and notification requirements to be followed in the event of an incident. "Clearly visible" means that the sign shall be immediately apparent to an individual in the vicinity of the UST system, at any time of day. The sign shall be illuminated if necessary in order to be clearly visible. The sign shall include the following information:

1. The emergency telephone numbers of the local fire department, local health department, Department of Environmental Protection Hotline 1-877 WARN DEP or 1-877-927-6337, and any other appropriate local or State agencies;

2. The name and telephone number(s) of the person responsible for the operation of the facility during an emergency, including the Class A, B, or C operator, as applicable;

4. The name and telephone number of any retained licensed site remediation professional.

(b) A sign displaying emergency information other than as set forth in (a) above may be used, upon written approval by the Department, provided the procedures and notification that result from the emergency information are equivalent to (a) above.

[page=441] (c) The owner and operator of an unmanned facility shall comply with (a) or (b) above as follows:

1. The owner and operator of an unmanned facility at which one or more UST systems were installed prior to *[(the operative date of this rule)]* *January 16, 2018*, shall comply on or before *[(one year after the operative date of this rule)]* *January 16, 2019*.

2. The owner and operator of an unmanned facility at which no UST systems were installed prior to *[(the operative date of this rule)]* *January 16, 2018*, and at which one or more UST systems are installed on or after *[(the operative date of this rule)]* *January 16, 2018*, shall comply before installation of the UST system commences.

7:14B-5.14 Designation of Class A, Class B, and Class C operators

(a) The owner and operator of an UST system shall designate Class A, Class B, and Class C operators, trained pursuant to N.J.A.C. 7:14B-5A and notify the Department of each designated Class A and Class B operator in accordance with N.J.A.C. 7:14B-2. An individual may be designated under more than one operator class, provided the individual is trained in accordance with N.J.A.C. 7:14B-5A for each class for which he or she is designated.

(b) Beginning no later than October 13, 2018, *or the date provided at 40 CFR 280.240, whichever is later,* at least one of each class of operator shall be designated for a facility at all times.

(c) The owner and operator of a facility shall designate a Class A, Class B, and Class C operator in accordance with the following:

1. The owner and operator shall designate at least one Class A and Class B operator in its New Jersey Underground Storage Tank Facility Certification Questionnaire, and shall designate at least one Class C operator on records maintained by the owner and operator at the facility.

2. After at least one of each class of operator is designated for a facility, an owner and operator shall designate Class A, Class B, or Class C operators as follows:

i. A Class A or Class B operator trained pursuant to N.J.A.C. 7:14B-5A or eligible for reciprocity in accordance with N.J.A.C. 7:14B-5A.3 may be designated at any time;

ii. If the designated Class A or Class B operator is no longer available to the facility, notification shall be provided to the Department within 30 days of a change in designation; and

iii. A Class C operator shall successfully complete training in accordance with N.J.A.C. 7:14B-5A prior to being designated.

(d) Except as set forth in (d)1ii below and N.J.A.C. 7:14B-5.13, the owner and operator shall ensure that at least one designated operator (Class A, Class B, or Class C) is present at the facility at all times that the facility is operating, including when hazardous substances are introduced into or removed from an UST system.

1. The owner and operator of a facility at which deliveries of hazardous substances into, or removal of hazardous substances from, the UST system occur before or after normally staffed business hours may comply with (d) above as to those before or after hours deliveries or removals by:

i. Entering into a contract with a hazardous substance supplier or transporter in which the supplier or transporter agrees to ensure that an individual who has completed Class C operator training pursuant to N.J.A.C. 7:14B-5A.2(c) is present when a hazardous substance is introduced into or removed from the UST system. The contract shall authorize the individual, supplier, or transporter to initiate appropriate response actions and notifications, as included on the facility release response plan, in the event of a spill or release resulting from the introduction of hazardous substances into or removal of hazardous substances from the UST system. The owner and operator, and supplier or transporter shall maintain a copy of the contract and the facility specific response procedures, and the owner and operator shall make them available to the Department on request; or

ii. Posting one or more signs that meet the unmanned facility sign requirements at N.J.A.C. 7:14B-5.13(a).

(e) Designation of a Class A, Class B, or Class C operator does not relieve an owner and operator of responsibility for compliance with the State Act, and this chapter.

SUBCHAPTER 5A. CLASS A, CLASS B, AND CLASS C OPERATOR TRAINING

7:14B-5A.1 General Class A, Class B, and Class C operator training requirements

(a) Each owner and operator shall ensure that each designated Class A, Class B, and Class C operator at a facility is trained in accordance with this subchapter.

(b) Training of Class A and Class B operators shall be through a program developed and administered by the Department, or the Department's designee, unless N.J.A.C. 7:14B-5A.3, Reciprocity, applies.

(c) The owner and operator shall determine the appropriate method of training each Class C operator at a facility, provided that the training meets the requirements at N.J.A.C. 7:14B-5A.2(c).

(d) An individual shall successfully complete operator training applicable to each class for which he or she is designated. Successful completion by a Class A or Class B operator shall mean passing the applicable proficiency examination in accordance with N.J.A.C. 7:14B-5A.2(a)2 and (b)4, or satisfying the requirements of N.J.A.C. 7:14B-5A.3. Successful completion by a Class C operator shall mean demonstrating, as set forth in N.J.A.C. 7:14B-5A.2(c), the ability to respond to spills or releases resulting from the operation of the UST system.

7:14B-5A.2 Specific Class A, Class B, and Class C operator training requirements

(a) Training of a Class A operator shall include, at minimum:

1. General knowledge of the purpose, methods, and function of:

i. Spill and overfill prevention;

ii. Release detection;

iii. Corrosion protection;

iv. Emergency response;

v. Product and equipment compatibility and demonstration methods;

vi. Financial responsibility;

vii. Notification and storage tank registration;

viii. Temporary and permanent closure;

ix. Reporting, recordkeeping, testing, and inspecting;

x. Environmental and regulatory consequences of releases; and

xi. Training requirements for Class B and Class C operators.

2. Training of a Class A operator shall include a proficiency examination related to the subjects at (a)1 above, which the trainee must pass before he or she may be designated a Class A operator under N.J.A.C. 7:14B-5.14.

(b) Training of a Class B operator shall include, at minimum:

1. Regulatory requirements applicable to UST systems;

2. The purpose and function of equipment generally used in an UST system;

3. The specific purpose, methods, and function of:

i. Operation and maintenance of UST systems;

ii. Spill and overfill prevention;

iii. Release detection and related reporting;

iv. Corrosion protection;

v. Emergency response;

vi. Product and equipment compatibility and demonstration methods;

vii. Reporting, recordkeeping, testing, and inspecting;

viii. Environmental and regulatory consequences of releases; and

ix. Training requirements for a Class C operator.

4. Training of a Class B operator shall include a proficiency examination related to the subjects at (b)1, 2, and 3 above, which the trainee must pass before he or she may be designated a Class B operator under N.J.A.C. 7:14B-5.14.

(c) Training for a Class C operator, may be completed via a training program or by a Class A or Class B operator, and shall include, at minimum:

1. Instruction on how to appropriately respond to emergencies presented by spills or releases resulting from the operation of the UST system, including those that pose an immediate danger or threat to the public or to the environment, and notify the appropriate authorities;

[page=442] 2. The appropriate actions and responses to alarms associated with release detection equipment or the UST system; and

3. An evaluation of the trainee's understanding of his or her role and ability to perform the appropriate response actions for spills or releases and alarms associated with release detection equipment. A trainee shall satisfactorily demonstrate relevant knowledge and ability to the person conducting the training before he or she may be designated a Class C operator under N.J.A.C. 7:14B-5.14.

7:14B-5A.3 Reciprocity

(a) An owner and operator of an UST system may designate a Class A or Class B operator who has completed training and successfully passed an authorized evaluation in another state, provided:

1. The owner and operator submits to the Department as part of the New Jersey Underground Storage Tank Facility Certification Questionnaire formal documentation, such as an official training or examination certificate, indicating that the Class A or Class B operator has successfully completed training and passed an evaluation in a state other than New Jersey for the class of operator for which he or she is being designated;

2. The training is from a state whose operator training program and evaluation method the Department has determined is comparable to the Department's training program and evaluation method for the relevant class of operator. The Department will post a list on its website, www.nj.gov/dep/enforcement/ust.html, indicating the states whose training and evaluation methods are comparable to the Department's; and

3. The Class A or Class B operator is in good standing in that state(s) in the operator class for which the owner and operator are seeking to designate him or her.

(b) Training and/or certification of a Class A or Class B operator in a state other than New Jersey shall not substitute for retraining in accordance with N.J.A.C. 7:14B-5A.4.

7:14B-5A.4 Retraining

(a) Except as provided in (b) below, if the Department determines that an UST system is out of compliance with a significant requirement (for example, not having operating leak detection or cathodic protection mechanisms, failing to respond to alarms or active discharges, or repeatedly violating the same requirements over multiple inspections), the Department will require retraining and retesting (as applicable) of the designated Class A and/or Class B operators of the UST system in accordance with N.J.A.C. 7:14B-5A.2. The owner and operator shall ensure Class A and Class B operators are retrained no later than 30 days from the date the Department advises the facility of non-compliance, or within an alternate timeframe as agreed to by the Department.

(b) The Department may, at its discretion, provide an exception from the retraining and/or exam under (a) above, if the Department determines the UST system's non-compliance on which the retraining determination is based is the result of unanticipated equipment failure, improper contractor repairs, or other factors beyond the normal control and diligence of the owner and operator.

7:14B-5A.5 Documentation of training

(a) The owner and operator shall maintain records that document the training and retraining, if applicable, received for each designated Class A, Class B, and Class C operator. The records for each operator shall be maintained for as long as the operator is designated for the facility.

(b) The training records shall be maintained on paper or electronically, and shall be made available for on-site inspection by the Department upon request.

1. Identify each Class A, Class B, and Class C operator for the facility at the time of the Department's request to inspect the records, including the name, the operator training he or she completed, date(s) of initial training and any retraining or refresher training, and the trainer's name and contact information;

2. Include, at a minimum, the name and signature of the trainer for classroom or field training programs (including Class C operator training provided by the Class A or Class B operator);

3. Indicate, at a minimum, the name of the computer-based training program and web address, if internet based; and

4. Include the subjects on which the Class A or Class B operator completed retraining, if applicable.

SUBCHAPTER 6. RELEASE DETECTION

7:14B-6.1 General requirements for all underground storage tank systems

(a) Owners and operators of underground storage tank systems shall provide a method, or combination of methods, of release detection that:

1.-2. (No change.)

3. Meets the performance requirements in N.J.A.C. 7:14B-4A, 6.5, or 6.6, as applicable, with any performance claims and the manner of determination of the performance claims described in writing by the equipment manufacturer or installer. Permanent methods installed on or after September 4, 1990, shall be capable of detecting the leak rate or quantity specified for that method in the corresponding section of the rule with a probability of detection (Pd) of 0.95 and a probability of false alarm (Pfa) of 0.05.

(b) Owners and operators of underground storage tank systems used to store motor fuel solely for use by an emergency power generator shall comply with the requirements of this subchapter in accordance with the following:

1. Systems for which installation began on or before October 13, 2015, shall comply with N.J.A.C. 7:14B-6 on or before October 13, 2018*, or the date provided at 40 CFR 280.10, whichever is later*; and

2. Systems for which installation begins after October 13, 2015, shall comply with all applicable requirements of this chapter at installation.

(c) Underground storage tank systems with field constructed tanks and airport hydrant systems shall meet release detection requirements in accordance with N.J.A.C. 7:14B-4A.

(d) When a release detection method operated in accordance with the performance standards in N.J.A.C. 7:14B-4A or 6.5 and 6.6 indicates a release may have occurred, owners and operators shall notify the Department in accordance with N.J.A.C. 7:14B-7.

Recodify existing (c)-(d) as (e)-(f) (No change in text.)

(g) On or before October 13, 2018*, or the date provided at 40 CFR 280.40, whichever is later*, owners and operators shall ensure that all underground storage tank systems, including electronic and mechanical components, are operated, maintained, and tested in accordance with the following:

1. Requirements developed by the manufacturer, if any;

2. A code of practice developed by a nationally recognized association or independent testing laboratory, such as Petroleum Equipment Institute Recommended Practice RP1200, "Recommended Practices for the Testing and Verification of Spill, Overfill, Leak Detection, and Secondary Containment Equipment at UST facilities" (available at www.pei.org); or

3. A method that the owner and operator demonstrates is no less protective of human health and the environment than the requirements of (g)1 and 2 above.

(h) Testing of electronic and mechanical components in accordance with (g) above shall be performed at least annually and shall include, as applicable, the following:

1. For automatic tank gauge and other controllers: testing alarm, verifying system configuration, and testing battery backup;

2. For probes and sensors: inspecting for residual buildup and ensuring floats move freely, ensuring shaft is not damaged, ensuring cables are free of kinks and breaks, and ensuring that the alarm is operable and communicates with the controller;

3. For automatic line leak detectors: ensuring that the detectors meet the criteria at N.J.A.C. 7:14B-6.6(a)1;

4. For vacuum pumps and pressure gauges: ensuring proper communication with sensors and controller; and

5. For handheld electronic sampling equipment associated with ground water and vapor monitoring: ensuring proper operation.

7:14B-6.2 Requirements for underground storage tank systems containing petroleum products and waste oil

(a) Owners and operators of regulated heating oil tank systems installed before *[(180 days after the operative date of this [page=443] amendment)]* *July 15, 2018*, or any other petroleum underground storage tank systems installed before April 11, 2016, shall provide release detection for tanks and piping by:

1. Monitoring tanks at least every 30 calendar days for releases using one of the methods listed in N.J.A.C. 7:14B-6.5(a)4 through 8, except that:

i. Underground storage tank systems that meet the performance standards in N.J.A.C. 7:14B-4.1 or 4.2, and the monthly inventory control requirements in N.J.A.C. 7:14B-6.5(a)1 or 2 may use tank tightness testing (conducted in accordance with N.J.A.C. 7:14B-6.5(a)3) at least every five years, for up to 10 years following the tank installation date; and

ii. Tanks with capacity of 550 gallons or less and tanks with a capacity of 551 to 1,000 gallons that meet the tank diameter criteria in N.J.A.C. 7:14B-6.5(a)2, may use weekly tank gauging conducted in accordance with N.J.A.C. 7:14B-6.5(a)2.

2. (No change.)

(b) Owners and operators of regulated heating oil tank systems that utilize separate product bearing supply and return lines installed before *[(180 days after the operative date of this amendment)]* *July 15, 2018*, or any other petroleum underground storage tank systems that utilize separate product bearing supply and return lines installed before April 11, 2016, shall provide release detection for tanks and piping as follows:

1.-2. (No change.)

(c) Except as set forth in (d) below, owners and operators of petroleum underground storage tanks or piping shall provide release detection for tanks and piping by performing interstitial monitoring at least once every 30 calendar days according to the requirements at N.J.A.C. 7:14B-6.5(a)7 as follows:

1. Regulated heating oil tank systems installed on or after *[(180 days after the operative date of this amendment)]* *July 15, 2018*, shall comply with (c) above upon installation.

2. Underground storage tanks not subject to (c)1 above, installed on or after April 11, 2016, shall comply with (c) above upon installation.

3. Pressurized piping shall also be equipped with an automatic line leak detector pursuant to N.J.A.C. 7:14B-6.6(a)1.

(d) No release detection is required for suction piping that complies with (a)2ii(1) through (5) above.

7:14B-6.3 Requirements for underground storage tank systems containing hazardous substances other than petroleum products and waste oil

(a) Owners and operators of underground storage tank systems containing hazardous substances other than petroleum products and waste oil shall provide release detection that meets the following requirements:

1. Release detection at underground storage tank systems installed before September 4, 1990, shall meet the requirements for petroleum underground storage tank systems in N.J.A.C. 7:14B-6.2. All other underground storage tank systems containing hazardous substances other than petroleum products and waste oil shall meet the release detection requirements for underground storage tank systems in (a)2 below.

2. Release detection for underground storage tank systems containing hazardous substances other than petroleum and waste oil shall meet the following requirements:

i. Secondary containment systems shall be designed, constructed, and installed to:

(1) Contain regulated substances leaked from the UST system until they are detected and removed;

(2)-(3) (No change.)

ii. Double-walled tanks shall be designed, constructed, and installed to:

(1) Contain a leak from any portion of the inner tank within the outer wall; and

(2) (No change.)

iii. External liners (including vaults) shall be designed, constructed, and installed to:

(1) (No change.)

(2) Prevent the interference of precipitation or ground water intrusion with the ability to contain or detect a release of regulated substances; and

(3) (No change.)

iv. (No change.)

v. Other methods of release detection may be used for underground storage tank systems, containing hazardous substances other than petroleum and waste oil, installed before October 13, 2015, if owners and operators:

(1)-(3) (No change.)

3. The provisions of 40 CFR 265.193, Containment and Detection of Releases, may be used to comply with the requirements of (a)2 above for tanks installed before April 11, 2016.

7:14B-6.4 Requirements for underground storage tank systems in wellhead protection areas

(a) Owners and operators of underground storage tank systems located within wellhead protection areas shall provide release detection that meets the following requirements:

1. Release detection at underground storage tank systems installed before September 4, 1990, shall meet the requirements for petroleum underground storage tank systems in N.J.A.C. 7:14B-6.2.

2. Release detection at underground storage tank systems installed on or after September 4, 1990, shall have secondary containment which are designed, constructed, and installed in accordance with N.J.A.C. 7:14B-6.3(a)2.

7:14B-6.5 Methods of release detection for tanks

(a) The owner and operator shall use each method of release detection for tanks according to the requirements of N.J.A.C. 7:14B-6.2, 6.3, and 6.4, and in accordance with the following:

1. Product inventory control shall be conducted monthly to detect a release of at least 1.0 percent of throughput plus 130 gallons on a monthly basis in the following manner:

i.-vi. (No change.)

vii. The practices described in American Petroleum Institute, Recommended Practice 1621 "Bulk Liquid Stock Control at Retail Outlets," may be used, where applicable, as guidance in meeting the requirements of N.J.A.C. 7:14B-6.5(a)1i through vi above.

2. Manual tank gauging shall meet the following requirements:

i. Tank liquid level measurements shall be taken at the beginning and ending of a period, as appropriate, to the minimum duration of test value given in the table at (a)2v below, during which no liquid is added to or removed from the tank;

ii.-iii. (No change.)

iv. Only tanks of 550 gallons or less nominal capacity and tanks with a nominal capacity of 551 to 1,000 gallons that meet the tank diameter criteria in the table in (a)2v below may use manual tank gauging as the sole method of release detection. Tanks of 551 to 2,000 gallons nominal capacity may use the method in place of manual inventory control as set forth in (a)1 above. Tanks of greater than 2,000 gallons nominal capacity may not use manual tank gauging to meet the requirements of this subchapter; and

v. A release shall be suspected and subject to the requirements of N.J.A.C. 7:14B-7 if the variation between beginning and ending measurements exceeds the weekly or monthly standards in the following table:

Nominal	Minimum	Weekly Standard	Monthly Standard
Tank Capacity	Duration of Test	(one test)	(average of four
			tests)

550 gallons or less	36 hours	10 gallons	5 gallons

551 to 1,000 gallons	44 hours	9 gallons	4 gallons
(when tank diameter is
64 inches)

551 to 1,000 gallons	58 hours	12 gallons	6 gallons
(when tank diameter is
48 inches)

551 to 1,000 gallons	36 hours	13 gallons	7 gallons
(also requires periodic
tank tightness testing)

1,001 to 2,000 gallons	36 hours	26 gallons	13 gallons
(also requires periodic
tank tightness testing)

3. (No change.)

4. Equipment for automatic tank gauging that tests for the loss of product and conducts inventory control shall meet the following requirements:

i. The automatic product level monitor test shall detect a 0.2 gallon per hour leak rate, from any portion of the tank that routinely contains product, when performing a test in one of the following modes:

(1) In-tank static testing conducted with passing results at least once every 30 days; or

(2) Continuous in-tank leak detection operating either on an uninterrupted basis, or with a process that allows the system to gather incremental measurements to ensure an accurate, passing test at least once every 30 days; and

ii. (No change.)

5. (No change.)

6. Testing or monitoring for liquids floating on the ground water shall meet the following requirements:

i.-iii. (No change.)

iv. All monitoring systems using screen and casing shall be constructed and permitted in accordance with the Subsurface and Percolating Waters Act (N.J.S.A. 58:4A-4.1 et seq.) unless constructed in the manner described in N.J.A.C. 7:14B-4.1(c) or sealed from the ground surface to the top of the filter pack in accordance with N.J.A.C. 7:14B-4.1(d);

v.-viii. (No change.)

7. Interstitial monitoring between the underground storage tank system and a secondary barrier immediately around or beneath it may be used, but only if the monitoring system is designed, constructed, and installed to detect a leak from any portion of the tank and/or piping that routinely contains product and also meets one of the following requirements:

i. For double walled underground storage tank systems, the sampling or testing method shall detect a leak through the inner wall in any portion of the tank *and/or piping* that routinely contains product;

ii. For underground storage tank systems with a secondary barrier within the excavation zone, the sampling or testing method used shall detect a leak between the underground storage tank system and the secondary barrier. The secondary barrier shall meet the following requirements:

(1) The secondary barrier shall consist of artificially constructed material that is sufficiently thick and impermeable (at least 10-6 cm/sec for the regulated substance stored) to direct a leak to the monitoring point and permit its detection;

(2) The secondary barrier shall be compatible with the regulated substance stored so that a leak from the underground storage tank system shall not cause a deterioration of the barrier allowing a release to pass through undetected;

(3) For cathodically protected underground storage tank systems, the secondary barrier shall be installed so that it does not interfere with the proper operation of the cathodic protection system;

(4)-(6) (No change.)

iii. For tanks with an internally fitted liner, an automated device shall detect a leak between the inner wall of the tank and the liner, and the liner shall be compatible with the substance stored.

8. Any other type of release detection method, or combination of methods, including statistical inventory reconciliation (SIR), can be used if the method can detect a 0.2 gallon per hour leak rate or a release of 150 gallons within a month with a probability of detection of 0.95 and a probability of false alarm of 0.05.

i. Statistical inventory reconciliation release detection methods based on the application of statistical principles to inventory data shall, in addition to (a)8 above:

(1) Report a quantitative result with a calculated leak rate;

(2) Use a threshold that does not exceed one-half the minimum detectible leak rate; and

(3) Be conducted at least once every 30 days.

9. (No change.)

7:14B-6.7 Release detection recordkeeping

(a) The owner and operator shall develop written routine monitoring procedures which set forth the following:

1.-5. (No change.)

(b) The written routine monitoring procedure developed in accordance with (a) above shall be kept at the underground storage tank facility and made available for inspection by any authorized local, State or, Federal representative at any time after installation of the monitoring system. The owner and operator of any existing monitoring system shall have the monitoring procedure available for inspection at any time after the monitoring system is installed.

(d) All owners and operators shall maintain records of all written documentation of all calibration, maintenance, and repair of release detection equipment permanently located on-site. Any schedules of required calibration and maintenance provided by the release detection equipment manufacturer shall be retained for five years from the date of installation.

(e) The owner and operator shall, on a monthly basis, complete a summary of the results of all monitoring of the underground storage tank system and maintenance checks of the release detection equipment. This summary shall be made available for inspection by any authorized local, State, or Federal representative.

(f) (No change.)

(g) After a facility is closed pursuant to N.J.A.C. 7:14B-9, an owner and operator may make a written request to the Department at the address at N.J.A.C. 7:14B-2.2(b) to discard any such documents. Such a request shall be accompanied by a description of the documents involved. Upon written approval by the Department, the owner and operator may discard only those documents that are not required to be preserved for a longer time period.

(h) Upon receipt of a written request by the Department, the owner and operator shall submit to the Department all records and documents or copies of the same required to be maintained by the Act, this chapter, permits, approvals, administrative orders, or judicial orders.

[page=445] (i) The owner and operator that is equipped with a monitoring system installed prior to September 4, 1990, shall maintain on site a certification from a Subsurface Evaluator certified pursuant to N.J.A.C. 7:14B-13, that the site conditions and locations of the monitoring devices comply with N.J.A.C. 7:14B-6.5 and documentation from the manufacturer that the physical properties of the hazardous substance stored are appropriate for the monitoring system utilized.

(j) All underground storage tanks installed before September 4, 1990, that are equipped with a monitoring system in accordance with a valid New Jersey Pollutant Discharge Elimination System/Discharge to Ground Water permit and in compliance with this permit shall be exempt from the monitoring system reporting requirements of (b), (d), and (e) above. Compliance shall be determined by review of the issued permit, discharge monitoring reports, and other required submittals.

(k) The results of annual operation tests conducted in accordance with N.J.A.C. 7:14B-6.1(g) and (h) shall be maintained for five years in accordance with N.J.A.C. 7:14B-5.6(b). At a minimum, the results shall list each component tested, indicate whether each component tested meets criteria in N.J.A.C. 7:14B-6.1(g) or needs to have action taken, and describe any action taken to correct an issue.

SUBCHAPTER 7. RELEASE REPORTING AND INVESTIGATION

7:14B-7.1 Suspected releases

(a) The owner and operator shall complete an investigation of a suspected release in accordance with the requirements of N.J.A.C. 7:14B-7.2(a) within seven calendar days of the discovery of the suspected release, when any of the following situations have occurred:

1.-6. (No change.)

7. Monitoring results, including alarms, from a release detection method required under N.J.A.C. 7:14B-6, that indicate a leak into the interstice or a release may have occurred;

Recodify existing 7. and 8. as 8. and 9. (No change in text.)

(b) (No change.)

7:14B-7.2 Investigating a suspected release

(a) The owner and operator shall confirm or disprove a suspected release by conducting an investigation in accordance with all of the applicable following procedures:

1.-6. (No change.)

7. Conduct testing of tanks, piping, or secondary containment as appropriate, according to N.J.A.C. 7:14B-5.4(a)4 or 5, 6.5(a)3, or 6.6(a)2, in order to determine:

i. The portion of the tank that routinely contains product, or associated product bearing piping has a leak; or

ii. There is a breach of either wall of the secondary containment.

(b) If the investigation conducted in accordance with (a) above is inconclusive in confirming or disproving a suspected release, the owner and operator shall, in accordance with the schedule in the Technical Requirements for Site Remediation, at N.J.A.C. 7:26E-3.14, conduct and complete a site investigation designed to confirm or disprove a suspected discharge in accordance with the Technical Requirements for Site Remediation rules, at N.J.A.C. 7:26E-3.3. If a discharge is confirmed, the owner and operator shall initiate action pursuant to N.J.A.C. 7:14B-7.3. The owner and operator shall keep documentation of an investigation in accordance with this section that disproves a suspected discharge at the facility and make it available for inspection by the Department for the operational life of the underground storage tank system.

7:14B-7.3 Confirmed discharges

(a) Any person, including, but not limited to, the owner and operator, an individual certified pursuant to N.J.A.C. 7:14B-13 hired to install, remove or test an underground storage tank system, or a licensed site remediation professional performing remediation, shall, upon confirming a discharge, immediately report the discharge to the appropriate local health agency in accordance with local requirements, and to the Department's Environmental Action Hotline 877-927-6337. Discharges may be confirmed on the basis of the following:

1.-5. (No change.)

(b) (No change.)

(c) The owner and operator shall remediate any discharge from the underground storage tank system, in accordance with this chapter and the Administrative Requirements for the Remediation of Contaminated Sites, N.J.A.C. 7:26C.

(d) The owner and operator shall implement the release response plan required by N.J.A.C. 7:14B-5.5 when a discharge is confirmed.

(e) The owner and operator of an underground storage tank system containing hazardous substances other than petroleum or waste oil shall report a discharge of the substance, over its reportable quantity, to the National Response Center in accordance with the provisions of 40 CFR Part 302.

(f) (No change.)

7:14B-7.4 Unknown sources

If the owner or an operator has information indicating that a facility may be the source of a discharge, the owner and operator shall perform an unknown source investigation. The owner and operator shall prepare an unknown source investigation report following the format presented in the Technical Requirements for Site Remediation at N.J.A.C. 7:26E-3.13(a)2 through 4 and 6ii, and submit the report and a form available from the Department at www.nj.gov/dep/srp/srra/forms within 90 days after the receipt of information indicating the facility may be the source of a discharge.

SUBCHAPTER 8. REMEDIATION

7:14B-8.1 Responses to leaks and discharges

(a) The owner and operator of an underground storage tank system shall, upon confirming a leak of a hazardous substance into the interstitial space created by the secondary containment system:

1.-4. (No change.)

(b) The owner and operator shall, upon confirming a discharge, take immediate action to:

1. (No change.)

2. Cease use of the underground storage tank system, provided, however, that:

i. In the event that ceasing use of the underground storage tank system would precipitate an emergency which constitutes an immediate threat to human health and safety, then the owner and operator shall cease use of the underground storage tank system immediately subsequent to taking all necessary actions to abate the emergency; and

ii. Where a building's sole source of heat is from an oil burner, and there has been a discharge from the underground storage tank system containing heating oil, then the owner and operator shall take immediate action to provide an alternate source of heat; then upon providing an alternate source of heat, the owner and operator shall immediately cease use of the underground storage tank system which is the source of a discharge.

3.-7. (No change.)

7:14B-8.3 Reporting requirement

For all confirmed releases from an underground storage tank subject to regulation at 40 CFR Part 280, the owner and operator shall report to the Department the source and cause of the confirmed release on a Confirmed Discharge Notification form available from the Department at http://www.nj.gov/dep/srp/srra/forms/ in accordance with the timeframe applicable for submittal of the site investigation or remedial investigation report.

SUBCHAPTER 9. OUT-OF-SERVICE UNDERGROUND STORAGE TANK SYSTEMS AND CLOSURE OF UNDERGROUND STORAGE TANK SYSTEMS

7:14B-9.1 Out-of-service underground storage tank systems

(a) The owner and operator of an underground storage tank system that is out-of-service shall:

1. Submit an amended New Jersey Underground Storage Tank Facility Certification Questionnaire, pursuant to N.J.A.C. 7:14B-2.1(b)7, within seven calendar days after the underground storage tank system is placed out-of-service. The information shall include:

[page=446] i.-iv. (No change.)

2.-5. (No change.)

(b) The owner and operator of an underground storage tank system which is out-of-service for a period greater than or equal to three months shall follow the guidelines in the American Petroleum Institute Publication 1604, "Closure of Underground Petroleum Storage Tanks" titled "Temporarily Out-of-Service," incorporated herein by reference, as amended and supplemented, no later than the end of the third month in which the system is out-of-service.

(c) The owner and operator of an underground storage tank system that has secondary containment may request that the underground storage tank system remain out-of-service for a period of more than 12 months without having to close the tank system as required in (d) below by:

1. (No change.)

2. Submitting documentation at least 30 calendar days prior to the expiration of the 12-month period referred to in (c) above indicating that the requirements of (a)3 above have been completed and that:

i. The system has had a release detection monitoring system operated in accordance with N.J.A.C. 7:14B-6.1 through 6.6 indicating that no discharge of hazardous substances has occurred during the operational life of the system or since the performance of a site investigation or remedial investigation performed in accordance with the provisions of the Technical Requirements for Site Remediation, N.J.A.C. 7:26E; and

ii. Corrosion protection is being operated and maintained and shall continue to be operated and maintained in accordance with N.J.A.C. 7:14B-5.2 during the out-of-service period. If the corrosion protection is an impressed current cathodic protection (ICCP) system, the owner and operator must also demonstrate that the ICCP system has been inspected at least every 60 days, and will continue to be inspected at least every 60 days to verify that the system is on and working properly while the tank is out of service.

(d) Except as set forth in (c) above, any underground storage tank system that is out of service for more than 12 months shall be closed in accordance with N.J.A.C. 7:14B-9.2.

(e) The owner and operator intending to put an out-of-service underground storage tank system back into service shall:

1. Submit an amended New Jersey Underground Storage Tank Facility Certification Questionnaire pursuant to N.J.A.C. 7:14B-2, at least 30 calendar days prior to introducing product into the underground storage tank system, including documentation that corrosion protection was operated and maintained in accordance with (c)2ii above and N.J.A.C. 7:14B-5.2 during the out-of-service period; and

2. The New Jersey Underground Storage Tank Facility Certification Questionnaire shall include a statement from a certified installer, pursuant to N.J.A.C. 7:14B-13, certifying that the system is properly designed and capable of being put back into service in accordance with a code of practice developed by a nationally recognized association or independent testing laboratory or in accordance with the manufacturer's instructions.

7:14B-9.2 Closure requirements for underground storage tank systems

(a) The owner and operator who intends to close the underground storage tank system shall:

1. Ensure that the facility is registered as required by N.J.A.C. 7:14B-2.2. If the facility is not registered as required by N.J.A.C. 7:14B-2.2, the owner and operator shall register the facility by submitting a completed New Jersey Underground Storage Tank Facility Certification Questionnaire with the appropriate fee as specified by N.J.A.C. 7:14B-3.2(b) and 3.5 prior to initiating closure. The owner and operator shall not close any tank(s) located at the facility unless the facility is properly registered with the Department.

2.-5. (No change.)

(b) The owner and operator who intends to close an underground storage tank containing hazardous substances which are not hazardous wastes or an underground storage tank containing hazardous waste which is exempt from the requirements of the New Jersey Hazardous Waste Regulations, N.J.A.C. 7:26G, shall implement a closure plan which consists of a site investigation set forth at N.J.A.C. 7:26E-3.3 and a tank decommissioning plan which includes the procedures pursuant to (d) through (f) below, as applicable. The owner and operator shall keep the closure plan at the facility and make it available for inspection by the Department, the local construction code enforcement official, or a county or municipal health official.

(c) The owner and operator who intends to close an underground storage tank containing hazardous waste regulated pursuant to the Hazardous Waste rules, N.J.A.C. 7:26G, shall follow the closure procedures in the Hazardous Waste rules, at N.J.A.C. 7:26G-8.

(d) The owner and operator shall close an underground storage tank pursuant to the American Petroleum Institute Recommended Practice 1604, "Closure of Underground Petroleum Storage Tanks" in publication at the time the tank is to be closed (available from the American Petroleum Institute, 1220 L Street Northwest, Washington, DC 20005), incorporated herein by reference, and shall:

1.-2. (No change.)

(e) The owner and operator may abandon an underground storage tank in place if no contamination is detected above applicable remediation standards or if removal is not feasible by:

1. (No change.)

2. Following the procedures at (d)1 above, draining the associated piping, pumping out the tanks, and thoroughly cleaning the system, being sure to ameliorate any health and safety concerns due to any vapors that may be in the tank atmosphere during the tank cleaning and abandonment operation;

3.-6. (No change.)

(f) If the underground storage tank is located under a permanent structure or is physically inaccessible, or a certification, signed and sealed by a licensed New Jersey professional engineer, is submitted stating that the sampling requirements for site investigations at N.J.A.C. 7:26E-3.3 will cause damage to the structure, the owner and operator may use an alternate method for determining the integrity of the tank, provided that it is documented pursuant to N.J.A.C. 7:26E-1.7.

(g) The following cleaning procedures may be used to comply with (d) through (f) above:

1. American Petroleum Institute Standard 2015, "Safe Entry and Cleaning of Petroleum Storage Tanks, Planning and Managing Tank Entry from Decommissioning through Recommissioning" (available at www.api.org);

2. American Petroleum Institute Recommended Practice 2016, "Guidelines and Procedures for Entering and Cleaning Petroleum Storage Tanks"(available at www.api.org);

3. American Petroleum Institute Recommended Practice RP 1631, "Interior Lining and Periodic Inspection of Underground Storage Tanks" (available at www.api.org);

4. National Fire Protection Association Standard 326, "Standard for the Safeguarding of Tanks and Containers for Entry, Cleaning, or Repair" (available at www.nfpa.org); and

5. National Institute for Occupational Safety and Health Publication 80-106, "Criteria for a Recommended Standard: Working in Confined Space" (available at http://www.cdc.gov/niosh/docs/80-106/).

7:14B-9.4 Change in service to a nonregulated substance

(a) The owner and operator of an underground storage tank system in which the substance being stored is being changed to a substance not regulated by this chapter shall:

1.-2. (No change.)

(b) Should a discharge of hazardous substances be identified during (a) above, the owner and operator shall notify the Department's Environmental Action Hotline in accordance with N.J.A.C. 7:14B-7.3(a) and shall conduct remediation in accordance with the requirements of the Administrative Requirements for the Remediation of Contaminated Sites rules, N.J.A.C. 7:26C.

(c) The owner and operator shall submit a New Jersey Underground Storage Tank Facility Certification Questionnaire pursuant to N.J.A.C. 7:14B-2.4(c) that documents the change of substance.

(d) The following cleaning procedures may be used to comply with (a) above:

1. American Petroleum Institute Standard 2015, "Safe Entry and Cleaning of Petroleum Storage Tanks, Planning and Managing Tank [page=447] Entry from Decommissioning through Recommissioning" (available at www.api.org);

2. American Petroleum Institute Recommended Practice 2016, "Guidelines and Procedures for Entering and Cleaning Petroleum Storage Tanks" (available at www.api.org);

3. American Petroleum Institute Recommended Practice RP 1631, "Interior Lining and Periodic Inspection of Underground Storage Tanks" (available at www.api.org);

4. National Fire Protection Association Standard 326, "Standard for the Safeguarding of Tanks and Containers for Entry, Cleaning, or Repair" (available at www.nfpa.org); and

5. National Institute for Occupational Safety and Health Publication 80-106, "Criteria for a Recommended Standard: Working in Confined Space" (available at http://www.cdc.gov/niosh/docs/80-106/).

7:14B-9.5 Reporting and recordkeeping requirements

(a) The owner and operator shall prepare a site investigation report in accordance with the Administrative Requirements for the Remediation of Contaminated Sites, at N.J.A.C. 7:26C-2.3, and the Technical Requirements for Site Remediation at N.J.A.C. 7:26E-3.13, accompanied by the appropriate fees required pursuant to N.J.A.C. 7:14B-3.5 and the Administrative Requirements for the Remediation of Contaminated Sites rules at N.J.A.C. 7:26C-4, as applicable, and within the timeframes set forth in the Administrative Requirements for the Remediation of Contaminated Sites, at N.J.A.C. 7:26C-3.3.

(b) The owner and operator shall submit a site investigation report and a form found on the Department's website at www.nj.gov/dep/srp/srra/forms, pursuant to the Technical Requirements for Site Remediation, at N.J.A.C. 7:26E-3.13, within the mandatory timeframes set forth in the Administrative Requirements for the Remediation of Contaminated Sites, N.J.A.C. 7:26C-3.3, which shall include the name and address for both the owner and the operator, the underground storage tank Facility Identification Number, the specific tank number(s) for the underground storage tanks systems being closed, and all applicable case numbers or tank closure approval numbers. The site investigation report shall be accompanied by the appropriate fee pursuant to the Administrative Requirements for the Remediation of Contaminated Sites at N.J.A.C. 7:26C-4.

SUBCHAPTER 10. PERMITTING REQUIREMENTS FOR UNDERGROUND STORAGE TANK SYSTEMS

7:14B-10.1 Permit requirements

(a) Any person who owns or operates, or is proposing to own or operate an underground storage tank system shall, except as specified in (b) and (c) below:

1. Obtain a permit from the Department prior to the repair, installation, substantial modification, or upgrade of the underground storage tank system, or performance of an activity specified in N.J.A.C. 7:14B-4, 4A, 5, and 6 requiring Department approval;

2. Obtain a construction permit issued pursuant to the New Jersey Uniform Construction Code, N.J.A.C. 5:23, prior to the repair, installation, or upgrade of an underground storage tank system; and

3. Comply with the notification requirements at N.J.A.C. 7:14B-10.1A.

(b) An owner and operator of an existing or proposed underground storage tank system need not apply for a permit with the Department, but shall provide notification pursuant to N.J.A.C. 7:14B-10.1A, when:

1.-4. (No change.)

5. The only portion of the underground storage tank system being installed is a spill catchment basin used for spill prevention equipment, and the underground storage tank system is already protected from corrosion and overfills in accordance with N.J.A.C. 7:14B-4.1(a) or 4.2 and has release detection in accordance with N.J.A.C. 7:14B-6. Prior to installation of the new spill catchment basins, the owner and operator shall investigate the ground beneath and around the fill ports for releases. The owner and operator shall report all releases and conduct remediation in accordance with the requirements of N.J.A.C. 7:14B-7 and 8.

(d) The Department shall not issue a permit as required in (a)1 above unless the person who owns or operates or proposes to own or operate the underground storage tank system provides evidence in the permit application that the system shall include spill prevention, overfill prevention, and corrosion protection in accordance with N.J.A.C. 7:14B-4.1(a)1 through 3, and appropriate release detection monitoring in accordance with N.J.A.C. 7:14B-6. Installations of underground storage tank systems shall include evidence that the system is designed and constructed with secondary containment and interstitial release detection monitoring pursuant to N.J.A.C. 7:14B-4.1(a) as applicable.

(e) (No change.)

(f) The owner and operator shall maintain at the underground storage tank facility the site diagrams and specifications required by N.J.A.C. 7:14B-10.3(b).

7:14B-10.1A Fourteen-day notification

(a) The owner and operator shall notify the Department at least 14 days prior to commencing physical on-site work related to the installation, substantial modification, or closure of an underground storage tank system, or performing any activity specified in N.J.A.C. 7:14B-4, 5, or 6 requiring Department approval.

1. Notification of such activities undertaken in response to an emergency shall be provided to the Department by the UST facility owner and operator *, an individual or business firm certified to perform the work described in (a) above, or a Licensed Site Remediation Professional, licensed pursuant to N.J.A.C. 7:26C-1.3,* as soon as practicable, but not to exceed 14 days after the emergency activity.

2. Notification shall be provided to the Department *[by the UST facility owner and operator]* by e-mail to 14dayUSTnotice@dep.nj.gov and shall include the following information in each notification:

i. The address, name, and UST facility ID number where the work activities will occur;

ii. The approved activity to be undertaken and the anticipated date(s) of the activity;

iii. The name, phone, and e-mail contact information of the owner and operator *[submitting the notification]*; and

iv. The name, phone, and e-mail contact information of the contractor performing the activities, if different from the owner and operator *[submitting the notification]*.

3. Department notification performed pursuant to this section is in addition to any permit applications or notifications as required by this chapter.

7:14B-10.2 Permits required in wellhead protection areas

(a) The owner and operator of an underground storage tank system in a wellhead protection area shall obtain a permit from the Department in accordance with N.J.A.C. 7:14B-10.1(a) prior to upgrading the tank system.

(b) Prior to submitting a permit application for the upgrade or substantial modification of underground storage tank systems in wellhead protection areas, a site investigation of the underground storage tank system shall be performed in accordance with the requirements of N.J.A.C. 7:26E.

1. If the site investigation report indicates that a discharge has occurred, the Department shall not issue a permit for the upgrade of the underground storage tank system unless owner and operator:

i.-iii. (No change.)

7:14B-10.3 Permit applications

(a) All permit applications shall be submitted on forms provided by the Department obtained from the address noted below and containing the information specified in (b) below. The permit application shall be accurately completed, signed, dated, and returned to the address at N.J.A.C. 7:14B-2.2(b).

(b) Any owner and operator of an existing or proposed underground storage tank system which requires a Department issued permit shall:

1. Submit with the permit application one copy of the plans and specifications for the proposed installation, modification or upgrade of the underground storage tank system, signed and sealed by a New Jersey professional engineer, drawn to scale and depicting the top, front, and [page=448] side views of the proposed or existing underground storage tank system. Plans submitted shall show all information and details necessary to indicate compliance with this chapter and shall include a certification in accordance with N.J.A.C. 7:14B-1.7(b);

2.-8. (No change.)

9. Submit a certification in accordance with N.J.A.C. 7:14B-1.7(c) signed by a licensed site remediation professional, that the number and locations of all vapor or product monitoring points is sufficient to monitor the underground storage tank system should this method of monitoring be chosen; and

10. (No change.)

(c)-(f) (No change.)

7:14B-10.5 Display of permit and availability of approved plans

(a) The owner and operator of an underground storage tank system for which a Department permit has been issued shall prominently display the valid permit at the facility site during the course of the permitted activity and shall make the permit available for inspection by an authorized local, State, or Federal representative.

(b) The owner and operator of an underground storage tank system for which a Department permit has been issued shall maintain one set of approved plans at the facility site during the course of the permitted activity and shall make the approved plans available for inspection by any authorized local, State, or Federal representative.

7:14B-10.6 Emergency permits

(a) (No change.)

(b) The owner and operator requesting an emergency permit shall contact the Department on the day of the emergency or, when the emergency occurs after business hours, on a weekend, or on a holiday, the owner and operator shall contact the Department on the next working day thereafter at (609) 633-0708 for issuance of an emergency permit. The owner and operator shall, within 14 calendar days of receipt of the emergency permit, submit a permit application pursuant to this subchapter, including the appropriate fee in accordance with N.J.A.C. 7:14B-3.5, to the Department for review of compliance with the requirements of this chapter.

1.-5. (No change.)

(d) The Department, upon issuance of an emergency permit, shall assign to the owner and the operator of the underground storage tank system an emergency permit number. The owner and operator shall prominently display the number of the facility and make it available for on-site inspection by any authorized local, State, or Federal representative.

7:14B-10.8 Grounds for denial or revocation of permits

(a) The Department may, in its discretion based on the criteria listed in (a)1 and 2 below, deny the issuance of a permit under this subchapter upon a determination of the following:

1. (No change.)

2. The owner, operator, or both fail to comply with any requirement of the State Act or this chapter.

(b) The Department may revoke a permit upon a determination of the following:

1.-2. (No change.)

3. The owner, operator, or both fail to comply with any requirement of the State Act or this chapter; or

4. The owner, operator, or both are performing or have authorized an activity which is not in compliance with this chapter.

(c) The Department shall inform an owner and operator of the denial or revocation of a permit by a Notice of Intent to Deny a Permit or a Notice of Intent to Revoke a Permit. The Notice shall include:

1.-2. (No change.)

(d) The Department shall serve this Notice to an owner and operator by certified mail (return receipt requested) or by personal service.

(e) An owner and operator that receives a Notice from the Department denying or revoking a permit shall not begin the proposed permitted activities or shall discontinue any ongoing permitted activities.

(f) (No change.)

SUBCHAPTER 12. PENALTIES, REMEDIES, AND ADJUDICATORY HEARING PROCEDURES

7:14B-12.1 Penalties

(a) Upon a finding that an owner, operator, or both have failed to comply with any requirement of the State Act or N.J.A.C. 7:14B-1, 3, or 7 through 11, the Department may:

1. Deny or revoke the UST registration certificate or permit for their underground storage tank system;

2.-3. (No change.)

(b) Upon a finding that an owner, operator, or both have failed to comply with any requirement of the State Act or N.J.A.C. 7:14B-2, 4, 4A, 5, 5A, 6, or 15, the Department may:

1. Deny or revoke the UST registration certificate or permit for their underground storage tank system;

2.-3. (No change.)

7:14B-12.2 Adjudicatory hearings

(a) A person may request a hearing to contest:

1. A denial or revocation of an UST registration certificate, pursuant to N.J.A.C. 7:14B-2.6;

2. A denial of a permit, pursuant to N.J.A.C. 7:14B-10.8;

3. A denial of an ordinance adoption issued pursuant to N.J.A.C. 7:14B-11; or

4. A denial or revocation of a certification of an individual or business firm, pursuant to N.J.A.C. 7:14B-13 or 16.

(b) Within 20 calendar days after receiving the document for which a hearing is sought, the person requesting a hearing shall send a completed Adjudicatory Hearing Request Checklist and a written request for a hearing to:

1. Office of Legal Affairs

ATTENTION: Adjudicatory Hearing Requests

Department of Environmental Protection

Mail Code 401-042

PO Box 402

401 East State Street, 4th floor

Trenton, New Jersey, 08625-0402; and

2. The Underground Storage Tank program's address set forth on the Adjudicatory Hearing Request Checklist.

(c) The person requesting a hearing shall include with the completed Adjudicatory Hearing Request Checklist the following information:

1. The name, address, telephone number, and e-mail address of:

i. The person the Department named in the document for which the hearing is sought;

ii. A contact person or authorized representative, if the person the Department named in the document is other than an individual; and

iii. The person's attorney, if any;

2. The date the person received the document for which a hearing is sought;

3. A copy of the document for which a hearing is sought, pursuant to (a) above;

4. An admission, a denial, or an averment of insufficient knowledge or information of the findings listed in the document being contested, as follows:

i. If the person is without knowledge or information sufficient to form a belief as to the truth of a specific finding, the person shall so state and this shall have the effect of a denial;

ii. If a person intends to deny any finding or portion of the finding in the document:

(1) The person shall identify the finding or portion of the finding that is denied. A general denial of some or all of the findings shall have the effect of an admission of each finding generally denied;

(2) For each finding or portion of a finding the person denies, the person shall explain the factual and legal basis of the denial. Any failure to provide a factual and legal basis for a denial shall have the effect of an admission of the finding; and

(3) The person shall ensure that each denial fairly meets the substance of the finding or portion of the finding denied. A denial that does not [page=449] meet the substance of the finding denied shall have the effect of an admission of the finding;

iii. If a person fails to either admit or deny any specific finding or portion of a finding, this shall have the effect of an admission of that finding.

5. A list of all factual and legal issues that the person is contesting, with each defense position stated in short and plain terms;

6. If the person's response to the Department allegation of noncompliance is that the person has complied with some or all of the applicable requirements, a description of all such compliance, including specific citation to each applicable requirement with which the person alleges it has complied, the facts and circumstances of the compliance, including a copy of any submission that is required by that applicable requirement, or otherwise provide evidence of compliance and the date of compliance;

7. Documents or information supporting the request for a hearing, and specific reference to or copies of other written documents relied on to support the request;

8. An estimate of the time required for the hearing (in days and/or hours); and

9. A request, if necessary, for a barrier-free hearing location for physically disabled persons.

(d) If the Department does not receive the request for a hearing within the time prescribed at (b) above, or if the request does not include the information required in (c) above, the Department shall deny the request for a hearing.

(e) An adjudicatory hearing shall be conducted in accordance with the Administrative Procedure Act, N.J.S.A. 52:14B-12 et seq., and the Uniform Administrative Procedure Rules, N.J.A.C. 1:1.

(f) Nothing in this section shall be construed to provide a right to an adjudicatory hearing in contravention of N.J.S.A. 52:14B-3.1 through 3.3.

7:14B-12.3 Request for a stay of the effective date of a Departmental determination

(a) Department decisions are effective according to their terms, unless stayed by the Department in writing.

(b) The Department, in its discretion, may grant a stay of the effective date of a Department decision specified in N.J.A.C. 7:14B-12.2(a) upon application for a stay by the aggrieved party.

(c) To request a stay, an aggrieved party shall submit the following documents, which substantiate, by a preponderance of the evidence, that one of the following circumstances exist:

1. The granting of the stay is required as a constitutional or statutory right; or

2. The potential effect on public health and safety or the environment, which might result from a decision to grant a stay is greatly outweighed by immediate, irreparable injury to the specific party requesting such stay.

(d) The Department's decision to grant a contested case hearing request shall not automatically result in a stay of the Department action appealed from, in the absence of an express decision by the Department to stay such action. The burden shall be upon the party requesting a hearing under N.J.A.C. 7:14B-12.2 to explicitly request a stay of action within the same document, as well as to describe reasons why such stay should be granted.

(e) Written requests for a stay pursuant to (c) and (d) above shall be made to the Department at the address provided at N.J.A.C. 7:14B-12.2 within 20 days of the date upon which the notice of decision was received.

(f) Any stay granted by the Department shall be temporary and shall not extend beyond the date of the Department's final decision in respect to the contested case.

7:14B-12.4 Civil administrative penalties for violations of N.J.A.C. 7:14B-13 and 16

(a) An individual or business firm that violates the provisions of N.J.A.C. 7:14B-13 or 16, is subject to a civil administrative penalty of not more than $ 5,000 for the first offense, not more than $ 10,000 for the second offense, and $ 25,000 for the third and each subsequent offense. If the violation is of a continuing nature, each day of violation constitutes an additional, separate and distinct offense.

(b) The Department shall assess a civil administrative penalty by notifying the violator by certified mail or personal service. The notice shall include:

1. A reference to the section of the statute, regulation, order, or permit condition violated;

2. A concise statement of the facts alleged to constitute the violation;

3. A statement of the amount of the civil administrative penalty to be assessed; and

4. A statement of the right to request a hearing pursuant to N.J.A.C. 7:14B-12.2.

(c)-(e) (No change.)

SUBCHAPTER 13. CERTIFICATION OF INDIVIDUALS AND BUSINESS FIRMS

7:14B-13.1 General requirements for certification and services

(a)-(c) (No change.)

(d) The owner and operator shall ensure that all services performed on regulated underground storage tank systems pursuant to N.J.S.A. 58:10A-21 et seq., and this chapter are performed by an individual certified pursuant to this subchapter or under the immediate, on-site supervision of an individual certified pursuant to this subchapter or that remediation is performed by a retained licensed site remediation professional, or representative thereof, for the purpose of complying with N.J.A.C. 7:26C. If a certified individual is not present at the underground storage tank site or a licensed site remediation professional has not been retained to conduct remediation, the owner and operator shall suspend all regulated activities in that classification of service or remediation activities, as applicable.

(e) (No change.)

(f) An owner and operator or the permanent employee of an owner and operator may perform any service, listed at N.J.A.C. 7:14B-13.2(a) below, on the owner's and operator's underground storage tank provided the individual is certified in that classification of service. Certification of the owner and operator as a business firm is not required if the owner and operator can provide to the Department proof of financial responsibility assurance in accordance with N.J.A.C. 7:14B-13.8 or 40 CFR Part 280 for the remediation of a hazardous substance discharge resulting from the performance of such service(s).

(g) An owner and operator of an underground storage tank system shall retain a licensed site remediation professional to conduct remediation pursuant to N.J.A.C. 7:26C.

(h)-(j) (No change.)

(k) If a certified individual listed as the business firm's certifying individual pursuant to N.J.A.C. 7:14B-13.3(b) below, either leaves the business firm or loses his or her certification, the certified business firm shall so notify the Department, in writing at the following address:

New Jersey Department of Environmental Protection

Bureau of Licensing & Registrations

Mail Code 401-04E

PO Box 420

401 East State Street

Trenton, NJ 08625-0420

Notification shall be made within three working days of the individual leaving the business firm or losing his or her certification. The Department shall withdraw the business firm's certification if a replacement name of an individual certified in that classification of service is not submitted within 30 calendar days of notification.

(l)-(n) (No change.)

7:14B-13.2 Classifications of underground storage tank services

(a) (No change.)

(b) The activities that comprise the above classifications include the following:

1.-3. (No change.)

4. Tank testing includes all activities required by this chapter relative to testing the physical integrity of an underground storage tank and appurtenant piping from inception of the test until removal of testing apparatus from the tank system. Tank testing also includes all activities [page=450] relative to the testing of spill prevention, secondary containment, electronic and mechanical components, and inspection of overfill prevention equipment. The tank testing classification shall not include the activities of air pressure soap tests of tanks or piping where product is not present, which is the exclusive purview of the individual certified in entire system installation described in (b)1 above.

5. Cathodic protection specialist includes the activities required by this chapter relative to the design, installation, maintenance, and testing of cathodic protection systems for underground storage tank systems.

i. Individuals holding the cathodic protection specialist certification are also considered to hold the more limited cathodic protection tester certification described in (b)6 below.

6. (No change.)

7:14B-13.3 Application procedures

(a) An individual who wishes to be certified in one or more of the classifications described in N.J.A.C. 7:14B-13.2, or if already certified, who wishes to add a classification of certification, or who wishes to renew the certification, shall apply on forms available from the Department at http://www.nj.gov/dep/exams/ust.htm. The information required to be submitted to the Department shall include the following:

1.-6. (No change.)

(b) A business firm which wishes to be certified in one or more of the classifications described in N.J.A.C. 7:14B-13.2, or if already certified, wishes to add a classification of certification, or wishes to renew the certification, shall apply on forms available from the Department at http://www.nj.gov/dep/exams/ust.htm. The business firm shall submit with the application:

1. (No change.)

2. The individual's certification number, identified on the Department issued certification card, for each of the requested classifications by:

i.-iii. (No change.)

1. (No change.)

2. The documents in (c)1 above shall contain an executed certification as set forth in N.J.A.C. 7:14B-1.7(d).

(d) (No change.)

7:14B-13.4 Eligibility

(a) Individuals not satisfying the criteria in (c) or (d) below may obtain certification for the classifications identified in (a)1, 2, and 3 below by passing the proficiency examination described in N.J.A.C. 7:14B-13.5. An applicant shall be eligible to take the proficiency examination if the applicant meets the following minimum criteria for each classification for which the applicant is seeking certification:

1. (No change.)

Recodify existing 3.-4. as 2.-3. (No change in text.)

(b) Individuals not satisfying the criteria in (c) or (d) below may apply for certification in the classifications identified in (b)1, 2, and 3 below if the applicant meets the following minimum criteria for each classification for which the applicant is seeking certification:

1. Applicants for the release detection monitoring system installation certification shall meet the following criteria:

i. Either a minimum of two years of experience performing installations of underground storage tank systems regulated pursuant to N.J.S.A. 58:10A-21 et seq., with participation in at least five installations during each year of experience or nine months experience with participation in at least 25 installations of underground storage tank systems regulated pursuant to N.J.S.A. 58:10A-21 et seq., in that nine-month period;

ii. Completion of training approved by the manufacturer of the equipment to be installed; and

iii. Completion of health and safety training given in accordance with the United States Environmental Protection Agency's Standard Operating Safety Guides (Hazardous Materials Incident Response Operations Course (165.5)) and the United States Department of Labor's Occupational Safety and Health Administration's Safety and Health Standards ( 29 CFR 1910 and 1926 et seq.).

2. Applicants for the cathodic protection specialist certification shall possess a certification from NACE International in the category of cathodic protection specialist; and

3. Applicants for the cathodic protection tester certification shall meet the following criteria:

i. (No change.)

ii. Fulfill all requirements in accordance with the requirements of NACE International's Certification Committee for the category of cathodic protection tester, corrosion technologist, or senior corrosion technologist; or Steel Tank Institute's Cathodic Protection Tester Certification Program; and

iii. (No change.)

Recodify existing (b)-(d) as (c)-(e) (No change in text.)

(f) Each individual and business firm certified pursuant to this subchapter shall maintain records demonstrating that the individual or business firm has satisfied the applicable eligibility criteria for each applicable classification of certification.

(g) Each individual or business firm shall maintain the records required at (f) above for six years following the expiration of the certification, and shall make the records available to the Department on request.

7:14B-13.5 Examinations

(a) As a condition of initial certification, an individual is required to pass an examination in each classification of service for which the applicant is seeking certification, unless the individual is not subject to an examination as set forth in N.J.A.C. 7:14B-13.4(b), or is exempted by N.J.A.C. 7:14B-13.4(c) or (d).

(b)-(c) (No change.)

7:14B-13.7 Renewal requirements

(a) (No change.)

(b) An individual certification may be renewed by submitting records demonstrating compliance with the continuing education requirements at N.J.A.C. 7:14B-13.6 and the renewal fee required pursuant to N.J.A.C. 7:14B-3 to the Department at least 60 calendar days prior to expiration of the current certification.

(c) Business firm certifications may be renewed by submitting a renewal fee, and the certification number of those individuals through which the business firm is certified, to the Department at the address listed in N.J.A.C. 7:14B-13.1(k) at least 60 calendar days prior to expiration of the current certification.

(d)-(g) (No change.)

7:14B-13.8 Financial responsibility assurance

(a)-(c) (No change.)

(d) A business firm engaged in providing underground storage tank services shall maintain for the duration of the term of certification, and for six years following the expiration of the certification, records demonstrating the business firm's compliance with the financial responsibility assurance requirement at (a) above. The business firm shall make the records available to the Department on request.

7:14B-13.10 Denial, suspension, revocation, and refusal to renew a certification

(a) The Department may deny, suspend, revoke, or refuse to renew a certification issued pursuant to N.J.A.C. 7:14B-13 for good cause, including:

1.-3. (No change.)

4. Failure to attend a Department approved course on the regulations as required pursuant to N.J.A.C. 7:14B-13.4(e);

5.-6. (No change.)

(b) Within 20 calendar days after receipt of notification of the Department's intent to suspend, revoke, deny, or refuse to renew a certification, the applicant or certificate holder may request an adjudicatory hearing pursuant to N.J.A.C. 7:14B-12.2.

(c)-(e) (No change.)

SUBCHAPTER 15. FINANCIAL RESPONSIBILITY REQUIREMENTS

7:14B-15.1 Applicability and general requirements

(a)-(b) (No change.)

(c) By September 16, 2003, the owner and operator not covered by (b) above shall comply with this subchapter for the amounts listed in [page=451] N.J.A.C. 7:14-15.2 by maintaining financial assurance pursuant to USEPA's Financial Responsibility Regulations at 40 CFR Part 280 Subpart H, incorporated by reference, with the noted exclusions at N.J.A.C. 7:14B-15.3(c).

(d)-(f) (No change.)

(g) The owner and operator are not required to maintain financial responsibility assurance pursuant to this subchapter for any underground storage tank system when either of the following conditions has been met; the owner and operator may be required, however, to maintain financial assurance if the owner and operator are required to obtain a remedial action permit pursuant to the Administrative Requirements for the Remediation of Contaminated Sites at N.J.A.C. 7:26C-7.7.

1.-2. (No change.)

(h) The owner and operator shall identify the financial assurance mechanism being used to comply with this subchapter on the New Jersey Underground Storage Tank Facility Certification Questionnaire pursuant to N.J.A.C. 7:14B-2.2(c)9 and submit to the Department evidence of financial assurance with any supporting documentation. An owner and operator shall maintain evidence of financial assurance at the site or at the owner or operator's place of business.

(i) (No change.)

7:14B-15.2 Amount and scope of required financial responsibility

(a) Owners and operators shall maintain financial responsibility assurance for regulated underground storage tank systems in the per-occurrence or per-incident amounts as follows:

1.-3. (No change.)

(b) Owners and operators shall maintain financial responsibility assurance for regulated underground storage tank systems in the annual aggregate amounts as follows:

1.-2. (No change.)

(c) Owners and operators shall review the amount of per-occurrence or per-incident, and aggregate assurance needed whenever they acquire or install additional underground storage tanks to ensure the amount of financial responsibility assurance required at (a) and (b) above are maintained.

(d) If an adjustment in the amount of financial responsibility assurance is required pursuant to (c) above, the owner and operator shall demonstrate the adjusted amount within 30 calendar days after the tank acquisition or installation by submitting to the Department an amended New Jersey Underground Storage Tank Facility Certification Questionnaire in accordance with N.J.A.C. 7:14B-2.2.

(e) If an owner and operator use liability insurance authorized by 40 CFR 280.94 and 40 CFR 280.97 as the financial responsibility assurance required under this subchapter, as provided by the Underground Storage Tank Finance Act at N.J.S.A. 58:10A-37.11, such insurance shall be the primary coverage to pay for the costs associated with remediating a discharge from the UST system, notwithstanding that financial assistance from New Jersey Petroleum Underground Storage Tank Remediation, Upgrade and Closure Fund is or may be available.

7:14B-15.3 Incorporation of the Code of Federal Regulations by reference

(a)-(b) (No change.)

(c) Owners and operators of State regulated underground storage tank systems subject to the requirements of N.J.A.C. 7:14B, but not covered by (b) above, shall comply with this chapter for the amounts listed in N.J.A.C. 7:14-15.2 by complying with USEPA's Financial Responsibility Regulations at 40 CFR Part 280 Subpart H, incorporated by reference into this rule with the following noted exclusions:

1.-4. (No change.)

(d) (No change.)

(e) Prospective incorporation by reference means the ongoing process, beginning May 19, 2003, whereby all provisions of regulations incorporated into this subchapter from the Federal regulations at 40 CFR Part 280 Subpart H, are continually automatically updated in order to maintain consistency with the most current Federal rules. Thus, any supplements, amendments, and any other rule changes including, without limitation, repeals or stays that affect the meaning or operational status of a Federal rule, brought about by either judicial or administrative action and adopted or otherwise noticed by U.S. Environmental Protection Agency in the Federal Register, shall simultaneously amend this subchapter so this subchapter has the same meaning and status as its Federal counterpart.

(f)-(h) (No change.)

(i) New Federal rules, amendments, supplements, and other changes at 40 CFR Part 280 Subpart H, brought about through administrative or judicial action adopted or otherwise noticed by USEPA in the Federal Register shall be automatically incorporated through the prospective incorporation process in this chapter.

(j) New Federal rules, amendments, supplements, and other changes at 40 CFR Part 280 Subpart H, brought about through administrative or judicial action adopted or otherwise noticed in the Federal Register by USEPA after January 26, 1998, but prior to May 19, 2003, shall be prospectively incorporated by reference and shall be effective on May 19, 2003, and operative on August 17, 2003, or on the operative date cited by USEPA in the relevant Federal Register Notice, whichever is later, unless the Department publishes a notice of proposal repealing the adoption of the Federal rule in New Jersey in whole or in part, and/or proposes to otherwise amend the affected State rules.

(k) (No change.)

7:14B-15.4 Document availability

(a) Copies of the 40 CFR Part 280 Subpart H, as adopted and incorporated by reference herein are available for review. Publications incorporated by reference within the Code of Federal Regulations as listed at 40 CFR Part 280 Subpart H, or the most currently available version, are also available for review. The Federal rule can be accessed through a hyperlink provided on the Department's internet web page at www.nj.gov/dep/srp/regs/. These publications may also be reviewed by contacting the Department at:

New Jersey Department of Environmental Protection

Site Remediation and Waste Management Program

Division of Enforcement, Technical & Financial Support

Mail Code 401-06E

PO Box 420

Trenton, NJ 08625-0420

(b)-(d) (No change.)

SUBCHAPTER 16. CERTIFICATION OF INDIVIDUALS AND BUSINESS FIRMS FOR UNREGULATED UNDERGROUND STORAGE TANK SYSTEMS

7:14B-16.2 General requirements for certification

(a)-(c) (No change.)

(d) The owner and operator of an unregulated heating oil tank system shall ensure that all services performed on the unregulated heating oil tank system are performed by an individual or under the immediate, on-site supervision of an individual certified under N.J.A.C. 7:14B-13 or under this subchapter, unless exempt pursuant to (n) below. If a certified individual is not present at the unregulated heating oil tank system site, the owner and operator shall suspend all activities in that classification of service.

(e) (No change.)

(f) An individual or firm certified to perform services on unregulated heating oil tank systems shall perform such services pursuant to all applicable:

1.-4. (No change.)

5. Industry standards, including the following, as incorporated herein by reference, as amended and supplemented, as applicable:

i. American Petroleum Institute Publication 1604, "Closure of Underground Petroleum Storage" (available at www.api.org);

ii. American Petroleum Institute Publication 1615, "Installation of Underground Petroleum Storage Systems" (available at www.api.org);

iii. Petroleum Equipment Institute Publication RP100, "Recommended Practices for Installation of Underground Liquid Storage Systems" (available at www.pei.org);

iv. American Petroleum Institute Publication 1632, "Cathodic Protection of Underground Petroleum Storage Tanks and Piping Systems" (available at www.api.org);

v. NACE International Standard Practice SP 0285, "External Corrosion Control of Underground Storage Tank Systems by Cathodic [page=452] Protection," (available at www.NACE.org) and Underwriters Laboratories Standard 58, "Standard for Steel Underground Tanks for Flammable and Combustible Liquids" (available at www.UL.com);

vi. National Fire Protection Association (NFPA) 30 "Flammable and Combustible Liquids Code" (available at www.nfpa.org); and

vii. (No change.)

(g)-(i) (No change.)

(j) When a certified individual listed as the business firm's certifying individual on the certificate issued pursuant to (c) above leaves the business firm, the certified business firm shall so notify the Department, in writing at the address below. Notification shall be made by the business firm within three working days of the individual leaving the business firm. The Department shall withdraw the business firm's certification if a replacement name of an individual certified in that classification of service is not submitted within 30 calendar days of the individual leaving the business firm.

New Jersey Department of Environmental Protection

Bureau of Licensing & Registrations

Mail Code 401-04E

401 E. State Street

PO Box 420

Trenton, NJ 08625-0420

(k)-(n) (No change.)

7:14B-16.3 Classifications of unregulated heating oil tank services

(a) (No change.)

(b) The activities that comprise the classifications in (a) above include the following:

1.-3. (No change.)

4. Tank testing of unregulated heating oil tank systems includes all activities relative to testing the physical integrity of an unregulated heating oil tank and appurtenant piping from inception of the test until removal of testing apparatus from the tank system. Tank testing also includes all activities relative to the testing of spill prevention, secondary containment, electronic and mechanical components, and inspection of overfill prevention equipment. The tank testing classification shall not include the activities of air pressure soap tests of tanks or piping where product is not present, which is the exclusive purview of the individual certified in entire unregulated heating oil tank system installation described in (b)1 above. Tank testing of an unregulated heating oil tank system shall be performed pursuant to N.J.A.C. 7:14B-16.2(f) as applicable. All volumetric and non-volumetric tank system testing methods used to test unregulated heating oil tank systems shall be evaluated by an independent testing laboratory to meet the accuracy described by N.J.A.C. 7:14B-6.5(a)3 for the size and type of tank system being tested in the most current version of the "List of Leak Detection Evaluations for Underground Storage Tanks Systems" available at the time the individual submits the application for certification. The "List of Leak Detection Evaluations for Underground Storage Tanks Systems" is published by the National Work Group on Leak Detection Evaluations (NWGLDE), www.epa.gov/swerust1/pubs/ldlist.htm and is incorporated herein by reference as amended and supplemented.

5.-7. (No change.)

7:14B-16.4 Application procedures

(a) An individual who wishes to be certified in one or more of the classifications described in N.J.A.C. 7:14B-16.3, or if already certified, who wishes to add a classification of certification, or who wishes to renew the certification, shall apply on forms available from the Department at http://www.nj.gov/dep/exams/ust.htm. The information required to be submitted to the Department shall include the following:

1.-6. (No change.)

(b) A business firm that wishes to be certified in one or more of the classifications described in N.J.A.C. 7:14B-16.3, or if already certified, wishes to add a classification of certification, or wishes to renew the certification, shall apply on forms available from the Department at http://www.nj.gov/dep/exams/ust.htm. The business firm shall submit with the application:

1. (No change.)

2. The individual's certification number, identified on the Department issued certification card, for each of the requested classifications by:

i.-iii. (No change.)

(c)-(d) (No change.)

7:14B-16.5 Eligibility

(a) Individuals not satisfying the criteria in (b) or (c) below may obtain certification for the classifications identified in (a)1 through 4 below by passing the proficiency examination described in N.J.A.C. 7:14B-16.6. An applicant shall be eligible to take the proficiency examination if the applicant meets the following minimum criteria for each classification for which the applicant is seeking certification:

1. (No change.)

Recodify existing 3.-4. as 2.-3. (No change in text.)

4. An applicant for the subsurface evaluation of unregulated heating oil tank systems classification examination shall meet the following criteria:

i. A bachelor's degree from an accredited institution in a natural (earth, biological, or environmental), physical, or chemical science or appropriate engineering discipline;

ii. Either a minimum of two years of experience performing subsurface evaluation services with participation in at least five subsurface evaluation services performed during each year of experience or nine months experience with participation in at least 25 subsurface evaluations in that nine-month period; and

iii. Completion of appropriate health and safety training given in accordance with the United States Environmental Protection Agency's Standard Operating Safety Guides (Hazardous Materials Incident Response Operations Course (165.5)) and the United States Department of Labor's Occupational Safety and Health Administration's Safety and Health Standards ( 29 CFR 1910 and 1926 et seq.).

(b) Individuals not satisfying the criteria in (c) below may apply for certification in the classifications identified in (b)1, 2, and/or 3 below if the applicant meets the following minimum criteria for each classification for which the applicant is seeking certification:

1. An applicant for the unregulated heating oil tank system release detection monitoring installation certification shall meet the following criteria:

i. Either a minimum of two years of experience performing release detection monitoring installations with participation in at least five installations during each year of experience, or nine months experience with participation in at least 25 installations in that nine-month period or five years of experience with participation in at least 12 installations with no less than two installations during each year of experience;

ii. Completion of training approved by the manufacturer of the equipment to be installed; and

2. An applicant for the unregulated heating oil tank system cathodic protection specialist certification shall possess a certification from NACE International in the category of cathodic protection specialist.

3. An applicant for the unregulated heating oil tank system cathodic protection tester certification shall meet the following criteria:

i. (No change.)

ii. Fulfillment of all requirements in accordance with the requirements of NACE International's Certification Committee for the category of cathodic protection tester, corrosion technologist, or senior corrosion technologist; or Steel Tank Institute's Cathodic Protection Tester Certification Program; and

iii. (No change.)

Recodify existing (b)-(c) as (c)-(d) (No change in text.)

(e) Each individual and business firm certified pursuant to this subchapter shall maintain records demonstrating that the individual or business firm has satisfied the applicable eligibility criteria for each classification of certification.

(f) The individual or business firm shall maintain the records required under (e) above for six years following the expiration of the certification and shall make the records available to the Department on request.

[page=453] 7:14B-16.6 Examinations

(a) As a condition of initial certification under this subchapter, an individual is required to pass an examination in each classification of service for which the applicant is seeking certification, unless the individual is not subject to an examination as set forth in N.J.A.C. 7:14B-16.5(b), is exempt under N.J.A.C. 7:14B-16.5(c), or meets the requirements of N.J.A.C. 7:14B-16.1(b) or (c).

(b)-(c) (No change.)

7:14B-16.8 Renewal requirements

(a) (No change.)

(b) An individual certification may be renewed by submitting records demonstrating compliance with the continuing education requirements at N.J.A.C. 7:14B-16.7 and the renewal fee required pursuant to N.J.A.C. 7:14B-3 to the Department at least 60 calendar days prior to expiration of the current certification.

(c) A business firm certification may be renewed by submitting a renewal fee required pursuant to N.J.A.C. 7:14B-3, and the certification number of those individuals through which the business firm is certified, to the Department at the address listed in N.J.A.C. 7:14B-16.2(j) at least 60 calendar days prior to expiration of the current certification.

(d)-(g) (No change.)

7:14B-16.9 Financial responsibility assurance

(a)-(c) (No change.)

(d) A business firm engaged in providing underground storage tank services shall maintain for the duration of the term of certification, and for six years following the expiration of the certification, records demonstrating the business firm's compliance with the financial responsibility assurance requirement under (a) above. The business firm shall make the records available to the Department on request.

7:14B-16.11 Denial, suspension, revocation, and refusal to renew a certification

(a) (No change.)

(c)-(e) (No change.)

CHAPTER 26C

ADMINISTRATIVE REQUIREMENTS FOR THE REMEDIATION OF CONTAMINATED SITES

SUBCHAPTER 9. ENFORCEMENT

7:26C-9.5 Civil administrative penalty determination

(a) (No change.)

(b) The following summary of rules contained in the "Subchapter and Violation" column of the following tables is provided for informational purposes only. In the event that there is a conflict between the rule summary in the following tables and the corresponding rule provision, then the corresponding rule provision shall prevail. The "Citation" column lists the citation and shall be used to determine the specific rule to which the violation applies. In the "Type of Violation" column, "M" identifies a violation as minor and "NM" identifies a violation as non-minor. The length of the applicable grace period for a minor violation is indicated in the "Grace Period" column. The "Base Penalty" column indicates the applicable base penalty for each violation.

				Grace
			Type of	Period	Base
	Subchapter and Violation	Citation	Violation	Days	Penalty

...

Underground Storage Tanks N.J.A.C. 7:14B

...

10	Permitting requirements for
	underground storage tank systems

	Failure to maintain the required	7:14B-10.1(f)	M	30	$ 10,000
	site diagrams and specification at
	the underground storage tank
	facility.

	Failure to notify the Department	7:14B-10.1A	M	30	$ 1,750
	at least 14 days prior to the
	commencement of any work
	activities related to installation,
	substantial modification, or
	closure of an underground storage
	system.

	Failure to obtain a permit from	7:14B-10.2(a)	NM		$ 15,000
	the Department prior to upgrading
	anunderground storage tank system
	in a wellhead protection area.

...

	_________________