Implementing New Jersey’s Toxic Catastrophe Prevention Act (TCPA)

Facilities in New Jersey that handle extraordinarily hazardous substances above regulatory levels are required to comply with the Toxic Catastrophe Prevention Act (TCPA), as codified in N.J.A.C. 7:31. This program provides assistance to covered facilities and verifies compliance with TCPA regulations. The EPA has delegated the implementation of federal Accident Release Prevention (ARP) rules under Section 112r of the Clean Air Act (40CFR68) to New Jersey. As part of its duties, the TCPA program reviews risk management plans and assesses inherently safer technology reports. It also audits risk management programs, inspects regulated facilities, and administers enforcement actions.

The Toxic Catastrophe Prevention Act was the first multi-element, holistic process safety regulation in the country. Additionally, over time, it has evolved to include provisions addressing reactive chemicals, inherent safety, and the integration of the EPA’s Risk Management Program (RMP) Rule, making the New Jersey Department of Environmental Protection (NJDEP) the implementing agency for the RMP in New Jersey. This course will provide a thorough overview of the TCPA’s key elements, focusing on the unique regulatory provisions that remain in effect today.