Current through Register Vol. 56, No. 18, September 16, 2024
(a) This chapter contains the requirements for the
registration, operation, design, construction and installation, permitting, release
reporting and investigation, remediation, and closure of underground storage tanks
and underground storage tank systems that contain hazardous substances, as well as
the requirements for certification of individuals and business firms performing
services on underground storage tanks and underground storage tank systems and on
unregulated heating oil tank systems.
(b) The following types of underground storage
tank systems are exempt from the requirements of this chapter:
1. Farm or residential tanks of 1,100 gallons or
less capacity used for storing motor fuel for noncommercial purposes;
2. Tanks with a capacity of 2,000 gallons or less
used to store heating oil for onsite consumption in a nonresidential
building;
3. Tanks used to store heating
oil for onsite consumption in a residential building;
4. Septic tanks installed in compliance with rules
adopted by the Department pursuant to the Realty Improvement Sewerage and Facilities
Act (1954), 58:11-23 et seq.;
5. Pipelines, including gathering lines, regulated
under the Natural Gas Pipeline Safety Act of 1968, 49 U.S.C. §§ 1678 et
seq., the Hazardous Liquid Pipeline Safety Act of 1979, 49 U.S.C. §§ 2001
et seq., or intrastate pipelines regulated under State law as approved by the
Department;
6. Surface impoundments,
pits, ponds, lagoons, storm water or wastewater collection systems operated in
compliance with N.J.A.C. 7:14A-1 et seq.;
7. Liquid traps or associated gathering lines
directly related to oil and gas production and gathering operations;
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. Flow-through process tanks;
12. Wastewater treatment tanks;
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) Underground
storage tank systems storing a mixture of petroleum and other hazardous substances
are considered petroleum storage tank systems if the quantity of other hazardous
substances does not alter the detectability, effectiveness of remedial action, or
toxicity of the petroleum to any significant degree.
(g) For the purpose of this chapter, all
underground storage tank systems shall be regulated based upon the most stringent
regulated use of the underground storage tank system, when there are multiple uses
of the tank at the site.
