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The NJDEP is proposing changes to their Toxic Catastrophe Prevention Act (TCPA) annual reporting. Currently, TCPA facilities are required to report extraordinarily hazardous substance (EHS) accidents only. Under the proposed plan, near misses will also have to be reported. Adding the near miss reporting requirement could result in an order of magnitude increase in the number of line items included in the report. Reporting will be handled through an online application system similar to the eNJRMP system.

N.J.A.C. 7:31 states that potential catastrophic events must be listed, which in this case is taken to mean near misses. Guidance on properly identifying such near misses will likely also include various distinctions such as the difference between a near miss and an intended controlled release.

The on-line annual report will include the completion of the annual compliance audit report. A large part of the audit is verifying that the process technology and equipment are in accordance with process safety information (psi). This verification requires confirming two points: Is the PSI current and accurate; and is the equipment being operated within the parameters described within the PSI?

Information on the proposed changes has been distributed to TCPA facilities in the state by way of revisions to the audit form and instructions. If you have any questions on the proposed changes please contact our local TCPA expert, Rahul Kekatpure of Trinity's Princeton office at (609) 318-5500 x1756.