ML18096A963

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Requests Relief from 4 H Notification Requirements of 10CFR50.72 for Regulatory Agency Notifications of Minor Nonradioactive Chemical Spills.Request Based on Info in Draft Rev to NUREG-1022 Re Event Reporting Sys
ML18096A963
Person / Time
Site: Salem, Hope Creek  
Issue date: 09/02/1992
From: Miltenberger S
Public Service Enterprise Group
To:
NRC OFFICE OF INFORMATION RESOURCES MANAGEMENT (IRM)
References
RTR-NUREG-1022 NLR-E92260, NUDOCS 9209100206
Download: ML18096A963 (22)
v • d • e


Text

Public Service Electric and Gas Company Steven E. Miltenberger Public Service Electric and Gas Company P.O. Box 236, Hancocks Bridge, NJ 08038 609-339-1100 Vice President and Chief Nuclear Officer CERTIFIED MAIL RETURN RECEIPT REQUESTED ARTICLE NO: P 378 354 636 SEP 0 2)992 NLR-E92260 U.S. Nuclear Regulatory Commission Document Control Desk Washington, DC 20555 Gentlemen:

PUBLIC SERVICE ELECTRIC AND GAS (PSE&G)

SALEM AND HOPE CREEK GENERATING STATIONS NON-EMERGENCY EVENT NOTIFICATION -

10 CFR 50.72 PSE&G is seeking relief from the 4-hour notification requirements in 10 CFR 50.72 for regulatory agency notifications of minor non-radioactive chemical spills.

The New Jersey Department of Environmental Protection and Energy (NJDEPE) has, implemented stringent new regulations on the discharge/spill of petroleum and other hazardous substances.

These regulations, known as the Discharge Prevention, Contr.ol and Countermeasure rules.or DPCC, require all facilities in New Jersey to notify the NJDEPE of the discharge 'Of petroleum and other listed h.azardous substanpes to the ground or waters of the State within 15 minutes of discovery.

In accordance with 10 CFR 50.72(b) (vi), the NRC must then be notified within 4 hours4.62963e-5 days <br />0.00111 hours <br />6.613757e-6 weeks <br />1.522e-6 months <br /> of any government agency notification.

New Jersey's DPCC rules are significantly more stringent than the spill reporting requirements of the federal Comprehensive Environmental Response', Compensation and Liability Act (CERCLA) which non-New Jersey nuclear utilities follow.

The CERCLA rules, 40 CFR 302.4, require notification to the National Response Center within 2 hours2.314815e-5 days <br />5.555556e-4 hours <br />3.306878e-6 weeks <br />7.61e-7 months <br /> of a spill of a reportable chemical if a specified "Reportable Quantity" (RQ) is exceeded.

The DPCC regulations, New Jersey Administrative Code 7:1E-5 (copy attached) require notification within 15 minutes of a discharge of any quantity of a listed hazardous substance and significantly expands the number of hazardous substances listed.

The attached table illustrates the number of discharges reported to the NJDEPE and NRC by the Salem and Hope Creek Stations through August 1992, 080150

---*. 9209100206 920902-:**-*-- '\\,

PDR ADOCK 05000272 p

PDR

, !lr/o I rr11

~I Document Control Desk NLR-E92260 SEP 0 *2 **1992 2

the quantity of the discharged material and the reportability under CERCLA rules.

Upon review of this table, it is evident that the New Jersey reporting requirements are far more stringent than those regulating other utilities.

PSE&G believes the notification requirements in 10 CFR 50.72 were not intended to require reporting of minor chemical spills.

This.

belief is enforced by the draft revision to NUREG-1022, Event Reporting Systems.

The draft guideline, which clarifies requirements for event reporting under 10 CFR 50.72 and 50.73, specifically excludes reporting of minor non-radioactive, onsite chemical spills.

Therefore, in an attempt to reduce the reporting burden placed on New Jersey nuclear utilities, PSE&G proposes to exclude DPCC spills from the 4-hour notification requirements of 10 CFR 50.72.

Under this proposal, PSE&G would continue to notify the NRC of all other government agency notifications.

In addition, PSE&G would continue to report spills of hazardous substances in accordance with the federal requirements outlined under the CERCLA regulations.

Please review and comment on this proposed change to our 4-hour notification requirements at your earliest convenience.

If you have any questions on the information provided, please feel free to contact Jim Eggers at (609) 339-1339.

Attachments (2)

C J. Stone, NRC T. Johnson, NRC B. Durham, Oyster Creek Sincerely,

1/20/92 1/24/92 1/27/92 1/28/92 2/27/92 3/04/92 3/09/92 5/01/92 5/02/92 5/07/92 5/07/92 5/10/92 5/18/92 6/08/92 7/02/92 7/06/92 7/08/92 7/09/92 7/15/92 7/30/92 Station SGS SGS HCGS SGS SGS SGS SGS HCGS SGS SGS SGS SGS SGS HCGS HCGS SGS SGS SGS HCGS SGS PUBLIC SERVICE ELECTRIC AND GAS SALEM AND HOPE CREEK GENERATING STATIONS DPCC REPORTABLE SPILLS JANUARY -

AUGUST 1992 Description Lube Oil spill from cws screen Oil leak from non-PCB transformer Fuel Oil overflow at aux. boiler*

Lube Oil spill from cws screen Fuel Oil spill at Unit 3 Sodium Hypochlorite spill at SWIS Fuel Oil spill from day tank Hydraulic Oil spill from crane Penetrant dye solution spill Lube Oil spill on turbine crane Hydrazine spill from AFST Fuel Oil *spill at SWIS Fuel Oil spill at Well No. 5 Hydraulic Oil spill from crane Sodium Hydroxide spill at tower Hydrazine spill from AFST Fuel Oil spill at MFOST filter Fuel Oil spill at MFOST filter Fuel Oil spill from crane Lube Oil spill.from cws screen Quantity 5 gallons Trace 20 gallons 2 gallons 2 gallons 2 gallons 1 gallon 5 gallons 50 gallons 1 pint

<< 1 pound 2 gallons 5 gallons 10 gallons 20 gallons

<< 1 pound 10 gallons 15 gallons 20 gallons 5 gallons CERCLA Reportable?

No No No No No No No No No No No No No No No.

No No No No No NOTE:

This list does not contain an additional 11 spills which were reported to the NJDEPE and NRC but later retracted due to other circumstances.

AFST cws HCGS MFOST SGS SWIS

- Auxiliary Feedwater Storage Tank

- Circulating Water System Hope Creek Generating Station

- Main Fuel Oil Storage Tank

- Salem Generating station

- Service Water Intake Structure.

7:1E-5.1 DISCHARGES OF HAZARDOUS SUBSTANCES equivalent and an ornithologist stating that the environ.mentally sensitive areas protection plan identifies those environ.mentally sensitive areas that could be affected by a discharge from this facility and the seasonal sensitivi-ty of those areas, provides for protection from, and mitigation of, any potentially adverse impact on the identified areas, and for an environ.men-tal assessment in the event of a discharge.

SUBCHAPI'ER 5. DISCHARGE NOTIFICATION, RESPONSE AND REPORTING 7:1E-5.1 Scope This subchapter prescnbes the rules of the Department for notification and reporting of discharges of hazardous substan~ the reporting of malfunctions of discharge detection systems, and response to discharges of hazardous substances. The followins rules shall govern the procedures for notification of the Department, response to a discharge of a hazardous substance, and follow0 up reporting.

7:1E-5.2 Notification of discharges which occurred before the-January 23, 1980, amendments to the Act (a) All persons respoDSible for a discharge who know or suspect that a discharge has occurred prior to January 23, 1980 and who have not previously reported that discharge shall conduct a diligent inquiiy and shall promptly upon completion of the diligent inquiiy and discovery of a discharge notify the Department in writing of such discharge at the address given at NJAC. 7:1E-5.8(e).

(b) All persons responsible for a discharge pursuant to (a) above who previously reported a discharge which occurred prior to Januaiy 23, 1980, shall promptly correct or supplement the prior notice to the Department if any of the information in the prior notice is determined to be false, misleading or inaccurate, or if additional relevant information is discovered which has not been previously reported to the Department.

7:1E-5.3 Discharge notification (a) Immediately after a discharge commen~ any person or persons responsible for a discharge who knows or reasonably should know of the.

discharge, shall immediately notify the Department at (609) 292-7172 In the event that this number is inoperable, any person or persons responsible for a discharge shall immediately notify the State Police at (609) 882-2000._

Supp. 2-18-92 lE-50

7:1E-5.3 (b) Notification received by the Department pursuant to (a) above within 15 minutes of the time that the person responsible for a discharge knew, or reasonably should have known, of the occurrence of a discharge shall be considered immediate. It shall be presumed that notification received by the Department more than 15 minutes after the person responsible for a discharge knew, or reasonably should have known, of the discharge is not immediate. The person responsible for the discharge may rebut this presumption by satisfying the requirement of N.J.AC.

7:1E-5.6.

( c) Any notification performed by any person responsible for a dis-charge pursuant to (a) and (b) above shall include, but not be limited to, the following information.

1. The name, title, affiliation, address and telephone number of the.

person reporting the discharge;

2. The location of the discharge, with as much specificity as the Department requests, and in any event with sufficient specificity to enable the Department to direct its agents and employees and any other person to the discharge site, including:
i. For discharges from sites located on land, the name of the site, the street address, the municipality, and the county; ii. For discharges on, under or into water, the name of the water.

body, location of the discharge with reference to a fixed point or points, and a description of the area which the discharge may reach.

3. The common name of the hazardous substance( s) discharged;
4. An estimate of the quantity of each hazardous substance dis-charged, including best.estimates if the quantities are unknown;
5. The date and time at which the discharge began, the date and time at which the discharge was discovered, and, if the discharge has ended, L

the date and time at which it ended;

6. The actions such person proposes to take to contain, clean up and remove the hazardous substance(s) discharged;
7. The name and address of any person responsible for the dis-charge.

( d) A copy of the requirements in ( c) above, printed in a conspicuous format, shall be displayed by the owner or operator of any vessel which is ordinarily docked in this State in a prominent place on the bridge or pilot house of any such vessel, and by the owner or operator or any onshore.

facility at any transfer areas and the operations center of any such facility.

Administrative Correction to (a).

See: 24 NJ.R. 581(a).

lE-51 Supp. 2-18-92

7:1E-5.4 DISCHARGES OF HAZARDOUS SUBSTANCES 7:1~5.4 Notification of aircraft discharges (a) In the case of a discharge of a hazardous substance used as fuel from an aircraft into the airspace over the lands or waters of New Jersey, any person responsible for a discharge shall notify the Department at ( 609) 292-7172. In the event that this number is inoperable, any person or persons responsible for a discharge shall immediately notify the State Police at (609) 882-2000; (b) Any person responsible for a discharge who notifies the Depart-ment pursuant to (a) above shall report:

1. The person causing the discharge;
2. The amount of hazardous substance discharged;
3. The time the discharge occurred;
4. The location in the aircraft flight path of the discharge;
5. The wind speed and direction; and

. 6. The area likely to be affected by the discharge.

7:lE-S.5 Notification of malfunctions in discharge detection systems (a) The owner or operator of a major facility shall immediately notify the Department at (609) 292-7172 of any malfunction of a discharge detection or other discharge monitoring, prevention or safety system or device. In the event that this number is inoperable, any owner or operator of a major facility shall immediately notify the State Police at ( fJ09) 882-2000.

(b) Notification received by the Department pursuant to (a) above within 15 minutes of the time that the owner or operator knew, or reasonably should have known, of the occurrence of a malfunction shall be ex>nsidered immediate. It shall be presumed that notification received by the Department more than 15 minutes after the owner or operator knew, or reasonably should have known, of the malfunction is not immediate.

The owner or operator may rebut this presumption by satisfying the requirements of NJAC. 7:1E-5.6.

(c) Within two hours of the initial notification, the owner or operator of a major facility shall notify the Department that one of the following situations exists: *

1. The malfunction has been repaired;
2. An alternate discharge detection system has been activated for the equipment utilizing the malfunctioning system; or
3. The equipment protected by the discharge detection system has been taken out of service.

Supp. 2-18-92 lE-52

~*-*.

7:1E-5.6 7:1E-S.6 Justification of delay (a) The Department, at its discretion, may determine that a period of longer than 15 minutes for initiating the notification of the Department of a discharge is immediate if the person responsible for the discharge can show, by clear and convincing evidence, that the notification of the Department was initiated as soon as* possible or reasonable and that notification within 15 minutes was impossible or unreasonable because of:

1. Essential immediate response activities;
2. The circumstances under which the discharge occurred;
3. The circumstances under which the discharge was fmt dis-covered; or
4. Some other valid cause or reason.

(b) A person who does not initiate the notification of the Department of a discharge within 15 minutes and who desires to establish that the notification was as immediate as reasonably possible under the circum-stances in which the discharge occurred, shall submit a sworn affidavit so attesting with the written confirmation report required by NJ.AC.

7:1E-5.8. This affidavit shall set forth the circumstances of the discharge to establish that the notification of the Department was as immediate as reasonably possible under the circumstances in which the discharge oc-curred. The affidavit shall be signed by the person or persons required to sign any certifications pursuant to N.J.AC. 7:1E-4.11, and shall include, but not be limited to; the following information:

1. The address of the facility at which the discharge occurred;
2. The date and time at which the discharge began and the date

~ and time at which it ceased;

3. The name, job. title, affiliation, business telephone number and business address of the individual who fmt discovered the discharge; L
4. The date, the time, and the circumstances under which the discharge was first discovered;
5. The reason(s), if any, why the discharge was not immediately discovered;

~. The date and time which the discharge was first reported to the Department;

7. The name, business telephone number, and business address of the individual who first notified the Department of the discharge;
8. Any reason why initiation of notification of the Department within 15 minutes of the onset of the discharge was impossible or unreason-able; and
9. A demonstration that initiation of notification was carried out as soon as possible or reasonable.

lE-53 Supp. 9-16-91

7:1E-5.7 DISCHARGES OF HAZARDOUS SUBSTANCES 7:1E-5. 7 Discharge response (a) Any person responsible for a discharge shall take immediate action to stop the discharge and shall take all necessary and appropriate measures to contain, mitigate, cleanup and remove the discharge, or shall follow the action plan in the facility's approved DCR plan, prepared and implemented in accordance with N.J.AC. 7:1E-4. All persons shall coordinate such actions with the Department.

(b) No person shall apply chemicals to a discharge without the prior approval of the Department or the Federal on-scene coordinator under the National Contingency Plan pursuant to 40 CFR 300, unless such application is necessary to prevent or mitigate a situation that poses a serious and imminent threat to human life. In any such situation of imminent threat to human life, the owner or operator shall Diak~ re-asonable efforts to secure the approval of the Department or the Federal on-scene coordinator before applying chemicals. Approval to apply chemicals may be obtained verbally, including by telephone. Application-

. of chemicals pursuant to a OCR pl~ approved by the Department shall be deemed to_ have prior approval. Unauthorized use of chemicals shall be regarded as a discharge in violation of NJ.AC. 7:1E-1.11.

(c) Upon learning that a discharge of a hazardous substance has occurred, the Department may act to contain, mitigate, clean up and remove the discharge, unless it determines that such action will be done properly and expeditiously by the person responsible for the discharge, or by any other authorized person.

( d) The Department, at its discretion, may observe, supervise or participate in any aspect of containment, or cleanup and removal activities.

In the exercise of its supervisory power, the Department may order any person to cease cleanup and removal activities and other discharge-related operations if it ~etermines that the person is not capable of properly containing, cleaning up or removing a discharge, or if the Department determines that person is failing to conduct cleanup operations in a proper and expeditious manner.

7:1E-5.8 Confirmation report (a) Any person responsible for a discharge reporting a discharge or leak detection system malfunction who has notified the Department pursuant to NJ.AC. 7:1E-5.3 or *s.s shall send to the Department a written confir:mation report within 30 days of said notification.

(b) Any person required to submit a confirmation report pursuant to (a) above shall include the following in the confirmation report:

Supp. 9-16-91 lE-54

, j'*

,/'

7:1E-5.8

1. The name, address and telephone number of the individual that reported the discharge or discharge detection malfunction pursuant to N.JAC. 7:1E-5.3 or 5.5 above;
2. The name, address and telephone number of the individual submitting the confirmation report if different from the individual iden-tified in (b)l above;
3. If the person identified in (b )2 above is either not subject to the provisions of this subchapter, or is submitting the confirmation report on behalf of another person, the name, address, and telephone number of the person subject to the provisions of this subchapter for whom the confirmation report is being submitted;
4. The name, address and telephone number of each person in any way responsible for the discharge;
5. The name, address and telephone number of each owner and operator of the facility at which the discharge occurred, or the vessel or vehicle from which the discharge occurred;
6. The source of the discharge, if known;
7. The location of the discharge, as follows:
i. For discharge from sites located on land, the name of the site, the street address, the tax lot and block, the municipality, the county, any Department or EPA ID numbers of facilities. involved, and a site map identifying the area in which the discharge occurred and the surrounding area; ii. For discharges on, under or into water, the name of the water body, the latitude and longitude of the place ihe discharge originated, and a map identifying the areas affected by the discharge; L
8. A list of the common name and Chemical Abstract Setvice L number of each of the hazardous substances discharged;
9. A list of the qu~tities of each hazardous substance discharged, including best estimates if the quantities are unknown;
10. The date and time at which the discharge began, the date and time at which the discharge was discovered, the date and time at which the discharge ended, and the date and time at which the Department was notified pursuant to N.J.A.C. 7:1E-5.3 or 5.5;
11. A detailed description of the measures taken to contain, cleanup and remove the discharge, summary of costs incurred, and proof of proper disposal of all hazardous substances discharged;
12. The corrective actions or countermeasures taken, including a description of equipment repairs or replacements;
13. Additional preventative measures taken or proposed to minimize the possibility of recurrence; lE-55 Supp. 9-16-91

7:1E-5.8 DISCHARGES OF HAZARDOUS SUBSTANCES

14. The name, addresses and telephone numbers of all entities involved in containment, cleanup or removal of the discharge;
15. A de~ription of the type, quantity, location and date of all samples taken at or around the site of the discharge, whether before, during or after any containment, cleanup or removal;
16. The results of all analyses of samples described in (b)lS above; if the data are unavilable within 30 days due to laboratory delay, any person may apply to the Department at the address specified in N.J.AC.

7:1E-5.8(d) and (e) for an extension of the deadline, not to exceed an additional 90 days; the decision as to whether or not to grant such an

. extension rests solely with the Department; the results shall include:

i. The name, address and telephone number of any person conducting sample analyses; ii. Quality assurance/quality control procedures utilized for sam-ple collection and analyses; iii. Rationale for the location, number and frequency of samples collected; iv. A detailed description of the sample methodology for all samples, as follows:

(1) Types of sample containers and closures, cleaning procedures of sample containers/closures and sampling equipment; (2) Use of quality assurance samples (for example, blanks and duplicates);

(3) Groundwater monitoring well permit numbers, designs and installation techniques; and

( 4) Chain of custody procedures and sample documentation;

v. A.description of the analytical methodologies performed by parameter and rationale for selection of monitoring parameters and analytical methodologies; and vi. A list by parameter of the concentrations of each hazardous substance analyzed for;
17. For major facilities, a certification stating that financial responsibility demonstrated pursuant to NJ.AC. 7:1E-4.5 and submitted to the Department pursuant to N.J.A.C. 7:1E-4.4(a)9 is in full force and effect.
18. Information supplementing any information previously provided to the Department if additional relevant information is discovered, or if it is determined that the information previously provided was false, inac-curate or misleading;
19. Any other information concerning the discharge which the De-partment may request; and
20. A fully executed certification pursuant to N.J.AC. 7:1E-4.11.

Supp. 9-16-91 lE-56

7:1E-S.9 (c) Any person responsible for a discharge shall promptly notify the Department in writing of any additional or corrected information which becomes available after the submission of a confirmation report, within 10 days of the availability of that information. Such information shall reference the date, title and author of the confirmation report which is being supplemented.

( d) Any person required to submit a confirmation report for a dis-

  • charge at a major facility or transmission pipeline shall submit the con-firmation report to:

Bureau of Discharge Prevention New Jersey Department of Environmental Protection 401 East State Street CN 027 Trenton, New Jersey 08625-0027 Attention: Discharge Confirmation Report

"( e) Any person required to submit a confirmation report other than those referenced in ( d) above shall submit the confirmation report to:

Hazardous Waste Enforcement Element New Jersey Department of Environmental Protection 401 East State Street CN 028 Trenton, New Jersey 08625-0028 7:1.E-5.9 Reporting responsibilities of the Department (a) Upon obtaining any information which leads it to suspect that a discharge has occurred in a municipality's jurisdiction; the Department shall immediately notify orally the contact persons for the governing body of the municipality and the local board of health as specified in (b) below, unless these entities have been notified previously.

(b) The governing body of the municipality and the local board of health shall provide the Department with the name, address and telephone number of a 24 hour2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> contact point and an alternate 24 hour2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> contact point.

The governing body of the municipality and the local board of health may change the contact point and alternate contact point upon written notice to the Department. If a contact point and an alternate contact point are not specified, the local police department or local fire department shall be the points designated by the Department to receive notification pursuant to (a) above.

( c) Within 10 days of the initial oral notification required by (a) above, the Department shall issue a letter confirming and, if appropriate, expand-ing upon that initial oral notification.

lE-57 Supp. 9-16-91

7:1E-5.10 DISCHARGES OF HAZARDOUS SUBSTANCES

( d) The Department shall take appropriate action to verify that a*

discharge has occurred as suspected, including the authorization of agent(s) or officer( s) of the municipality or local board of health by an appropriate Department official to investigate the site of the suspected discharge. Such investigation shall include conducting visual assessment of the site of the discharge and contacting any persons potentially responsible for the dis-charge.

(e) The agent(s) or officer(s) of the municipality shall report all findings to the Department.

7:1E-5.10 Discharge reporting requirements of local officials (a) When any governing body of a municipality or local board of health obtains information which leads it to suspect that a discharge has occurred, the governing body or local board of health shall immediately notify, as specified in (b) below, the Department, unless the Department h~ already been notified of the discharge.

(b) The governing body or local board of health shall provide the Department with information regarding any discharge pursuant to (a) above in the format specified at NJ.AC. 7:1E-5.3(a).

(c) The local governing body -and the local board of health shall coordinate all responses to the discharge with the Department.

7:1E-5.ll Amendment of plans following a discharge (a) Following submission of a confirmation report pursuant to NJ.AC. 7:1E-5.8, the Department may review a facility's DPCC and DCR plans and may require the owner or operator of the facility to amend the plans if it finds that a plan does not meet the requirements of this chapter or that amendment of the plan is necessary to prevent and contain similar

~ discharges.

(b) Amendments required by the Department shall become part of L the DPCC or DCR plan within 30 days after approval by the Department, unless the Department specifies another effective date. The owner or operator shall implement the amendment of the plan as soon as possible, in accordance with a schedule submitted by the owner or operator and approved by the, Department.

Supp. 9-16-91 lE-58

1/20/92 1/24/92 1/27/92 1/28/92 2/27/92 3/04/92 3/09/92 5/01/92 5/02/92 5/07/92 5/07/92 5/10/92 5/18/92 6/08/92 7/02/92 7/06/92 7/08/92 7/09/92 7 /15/92 7/30/92 Station SGS SGS HCGS SGS SGS SGS SGS HCGS SGS SGS SGS SGS SGS HCGS HCGS SGS SGS SGS HCGS SGS PUBLIC SERVICE ELECTRIC AND GAS SALEM AND HOPE CREEK GENERATING STATIONS DPCC REPORTABLE SPILLS JANUARY -

AUGUST 1992 Description Lube Oil spill from cws screen Oil leak from non-PCB transformer Fuel Oil overflow at aux. boiler Lube Oil spill from CWS screen Fuel Oil spill at Unit 3 Sodium Hypochlorite spill at SWIS Fuel Oil spill from day tank Hydraulic Oil spill from crane Penetrant dye solution spill Lube Oil spill on turbine crane.

Hydrazine spill from AFST Fuel Oil spill at SWIS Fuel Oil spill at Well No. 5 Hydraulic Oil spill from crane Sodium Hydroxide spill at tower Hydrazine spill from AFST F~el oii spill at MFOST filter

  • Fuel Oil spill at MFOST filter Fuel Oil spill from crane Lube Oil spill from CWS screen Quantity 5 gallons Trace 20 gallons 2 gallons 2 gallons 2 gallons 1 gallon 5 gallons 50 gallons 1 pint

<< 1 pound 2 gallons 5 gallons 10 gallons 20.gallons

<< 1 pound 10 gallons 15 gallons 20 gallons 5 gallons CERCLA Reportable?

No No No No No No No No No No No No No No No No No No No No NOTE:

This list does not contain an additional 11 spills which were reported to the NJDEPE and NRC but later retracted due to other circumstances.

AFST cws HCGS MFOST SGS SWIS

- Auxiliary Feedwater Storage Tank

- Circulating Water System Hope Creek Generating Station Main Fuel Oil Storage Tank Salem Generating Station

- Service Water Intake Structure

7:1E-5.1 DISCHARGES OF HAZARDOUS SUBSTANCES equivalent and an ornithologist stating that the environmentally sensitive areas protection plan identifies those environmentally sensitive areas that could be affected by a discharge from this facility and the seasonal sensitivi-ty of those areas, provides for protection from, and mitigation of, any potentially adverse impact on the identified areas, and for an environmen-tal assessment in the event of a discharge.

SUBCHAPI'ER S. DISCHARGE NOTIFICATION, RESPONSE AND REPORTING 7:.lE-5.1 Scope This subchapter prescnbes the rules of the Department for notification and reporting of discharges of hazardous substances, the reporting of malfunctions of discharge detection systems, and response to discharges of hazardous substances. The following rules shall govem the proc:edures for notification of the Department, response to a discharge of a hazardous substance, and follow-up reporting.

7:.lE-5.2 Nodllcatlon of discharges which occurrecl before the-January 23, 1980, amendments to the Act (a) All penona respoDS1ble for a discharge who know or suspect that a discharge has occurred prior to January 23, 1980 and who have not previously reported that discharge shall conduct a diligent inquily and shall promptly upon completion of the diligent inquiry and discovery of a discharge notify the Department in writing of-such discharge at the address given at NJ.AC. 7:1E-S.8(e).

(b) All persona respoDS1ble for a discharge pursuant to (a) above who previously reported a discharge which occurred prior to January 23, 1980, shall prompd) correct or supplement the prior notice to the Department if any* of the information in the prior notice is determined to be false, misJeading or inaccurate, or if additional relevant information is discovered which has not been previously reported to the Department.

7:1E-5.3 Dllchaqe notification (a) Immediately aft.er a discharge commences, any person or persons responsible for a discharge who knows or reasonably should know of the discharge, shall immediately notify the Department at (60CJ) 292-7172. In

  • the event that this number is inoperable, any person or persona responsible for a discharge shall immediately notify the State Police at ((J()9) a&l-2000._

Supp. 2-18-92 lE-50

e 7:1E-5.3 (b) Notification received by the Department pursuant to (a) above within 15 minutes of the time that the person responsible for a discharge knew, or reasonably should have known, of the occurrence of a discharge shall be considered immediate. It shall be presumed that notification received by the Department more than 15 minutes after the person responsible for a discharge knew, or reasonably should have known, of the discharge is not immediate. The person responsible for the discharge may rebut this presumption by satisfying the requirement of NJ.AC.

7:1E-5.6.

(c) Any notification performed by any pers0n responsible for a dis-charge pursuant to (a) and (b) above shall include, but not be limited to, the following information.

1. The name, title, affiliation, address and telephone number of the.

person reporting the discharge;

2. The location of the discharge, with as much specificity as the Department requests, and in any event with sufficient specificity to enable the Department to direct its agents and employees and any other person to the discharge site, including:
i. For discharges from sites located on land, the name of the site, the street address, the municipality; and the county; ii. For discharges on, under or into water, the name of the water.

body, location of the discharge with reference to a fixed point or points, and a description of the area which the discharge may reach.

3. The common name of the hazardous substance(s) discharged;
4. An estimate of the quantity of each hazardous substance dis-charged, including best.estimates if the quantities are unknown;
5. The date and time at which the discharge began, the date and time at which the discharge was discovered, and, if the discharge bas ended,

~ the date and time at which it ended;

6. The actions such person proposes to take to contain, clean up and remove the hazardous substance(s) discharged;
7. The name and address of any person responsible for the dis-charge.

(d) A copy of the requirements in (c) above, printed in a conspicuous format, shall be displayed by the owner or operator of any vessel which is ordinarily docked in this State in a prominent place on the bridge or pilot house of any such vesse~ and by the owner or operator or any onshore.

facility at any transfer areas and the operations center of any such facility.

Administrative Correction to (a).

See: 24 NJ.R. 581(a).

lE-51 Supp. 2-18-92

7:1E-S.4 DISCHARGES OF HAZARDOUS SUBSTANCES 7:1.&-S.4 Notification of aircraft discharges (a) In the case of a discharge of a hazardous substance used as fuel from an aircraft into the airspace over the lands or waters of New Jersey, any person responsible for a discharge shall notify the Department at ( 609) 292-7172. In the event that this number is inoperable, any person or persons responsible for a discharge shall immediately notify the State Police at (609) 882~2000; (b) Any person responsible for a discharge who notifies the Depart-ment pursuant to (a) above shall report:

1. The person causing the discharge;
2. The amount of hazardous substance discharged;
3. The time the discharge occurred;
4. The location in the aircraft flight path of the discharge; S. The wind speed and direction; and

. 6. The area likely to be affected by the discharge.

7:1E-5.5 Notification of malfllnctions in disdlaqe detection systems (a) The owner or operator of a major facility shall immediately notify the Department at (609) 292-7172 of aiiy malfunction of a discharge detection or other discharge monitoring, prevention or safety system or device. In the event that this number is inoperable, any owner or operator of a major facility shall immediately notify the State Police at ( 609) 882-2000.

(b) Notification received by the Department pursuant to (a) above within 15 minutes of the time that the owner or operator knew, or r:easonably should have known, of the occurrence of a malfunction shall be considered immediate. It shall be presumed that notification received by the Department more than 15 minutes after the owner or operator knew, or reasonably should have known, of the malfunction is not immediate.

The owner or operator may rebut this presumption by satisfying the requirements of NJ.A.C. 7:1E-5.6.

(c) Within two hours of the initial notification, the owner or operator of a major facility shall notify the Department that one of the following situations exists:

1. The malfunction bas been repaired;
2. An alternate discharge detection system bas been activated for the equipment utilizing the malfunctioning system; or
3. The equipment protected by the discharge detection system has been taken out of service.

Supp. 2-18-92 lE-52

7:1E-5.6 7:1E-S.6 Justification of delay (a) The Department, at its discretion, may determine that a period of longer than 15 minutes for initiating the notification of the Department of a discharge is immediate if the person responsible for the discharge can show, by clear and convincing evidence, that the notification of the Department was initiated as soon as possible or reasonable and that notification \\vithin 15 minutes was impossible or unreasonable because of:

1. Essential immediate respons~ activities;
2. The circumstances under which the discharge occurred;
3. The circumstances under which the discharge was fint dis-covered; or
4. Some other valid cause or reason.

(b) A person who does not initiate the notification of the Department of a discharge within 15 minutes and who desires to establish that the notification was as immediate as reasonably possible under the circum-stances in which the discharge occurred, shall submit a sworn affidavit so attesting with the written confirmation report required by NJ.A.C.

7:1E-5.8. This affidavit shall set forth the circumstances of the discharge to establish that the notification of the Department was as immediate as reasonably possible under the circumstances in which the discharge oc-curred. The affidavit shall be signed by the person or persons required to sign any certifications pursuant to N.J.AC. 7:1E-4.11, and shall include, but not be limited to; the following information:

1. The address of the facility at which the discharge occurred;
2. The date and time at which the discharge began and the date

~ and time at which it ceased;

3. The name, job title, affiliation, business telephone number and business address of the individual who first discovered the discharge;

~ 4. The date, the time, and the circumstances under which the diScharge was fint discovered;

s. The reason(s), if any, why the discharge was not immediately discovered;
6. The date and time which the discharge was fint reported to the Department;
7. The name, business telephone number, and business address of the individual who first notified the Department of the discharge;
8. Any reason why initiation of notification of the Department within 15 minutes of the onset of the discharge was impossible or unreason-able; and
9. A demonstration that initiation of notification was carried out as soon as possible or reasonable.

lE-53 Supp. 9-16-91

7:1E-5.7 DISCHARGES OF HAZARDOUS SUBSTANCES 7:1E-5.7 Discharge response (a) Any person responsible for a discharge shall take immediate action to stop the discharge and shall take all necessary and appropriate measures to contain, mitigate, cleanup and remove the discharge, or shall follow the action plan in the facility's approved OCR plan, prepared and implemented in accordance with N.J.AC. 7:1E-4. All persons shall coordinate such actions with the Department.

(b) No person shall apply chemicals to a discharge without the prior approval of the Department or the Federal on-scene coordinator under the National Contingency Plan pursuant to 40 CFR 300, unless such application is necessary to prevent or mitigate a situation that poses a serious and imminent threat to human life. In any such situation of imminent threat to human life, the owner or operator shall make re-asonable efforts to secure the approval of the Department or the Federal on-scene coordinator before applying chemicals. Approval to apply chemicals may be obtained verbally, including by telephone. Application

. of chemicals pursuant to a DCR pl3:0 approved by the Department shall be deemed to_ have prior approval. Unauthorized use of chemicals shall be regarded as a discharge in violation of NJ.AC. 7:1E-1.11.

(c) Upon learning that a discharge of a hazardous substance bas occurred, the Department may act to contain, mitigate, clean up and remove the discharge, unless it determines that such action will be done properly and expeditiously by the person responsible for the discharge, or by any other authorized person.

( d) The Department, at its discretion, may observe, supervise or participate in any aspect of containment, or cleanup and removal activities.

In the exercise of its supervisory power, the Department may order any person to cease cleanup and removal activities and other discharge-related

  • operations if it determines that the person is not capable of properly containing, cleaning up or removing a discharge, or if the Department determines that person is failing to conduct cleanup operations in a proper and expeditious manner.

7:1E-S.8 Confirmation report (a) Any person responsible for a discharge reporting a discharge or leak detection system malfunction who ha8 notified the Department pursuant to NJ.AC. 7:1E-S.3 or 5.5 shall send to the Department a written confirmation report within 30 days of said notification.

(b) Any person required to submit a confirmation report pursuant to (a) above shall include the following in the confirmation report:

Supp. 9-16-91 lE-54

7:1E-S.8

1. The name, address and telephone number of the individual that reported the discharge or discharge detection malfunction pursuant to NJ.A.C. 7:1E-S.3 or S.S above;
2. The name, address and telephone number of the individual submitting the confirmation report if different from the individual iden-tified in (b) 1 above;
3. If the person identified in (b )2 above is either not subject to the provisions of this subchapter, or is submitting the confirmation report on behalf of another person, the name, address, and telephone number of the person subject to the provisions of this subchapter for whom the confirmation report is being submitted;
4. The name, address and telephone number of each person in any way responsible for the discharge; S. The name, address and telephone number of each owner and operator of the facility at which the discharge occurred, or the vessel or vehicle from which the discharge occurred;
6. The source of the discharge, if known;
7. The location of the discharge, as follows:
i. For discharge from sites located on land, the name of the site, the street address, the tax lot and block, the municipality, the county, any Department or EPA ID numbers of facilities. involved, and a site map identifying the area in which the discharge occurred and the surrounding area; ii. For discharges on, under or into water, the name of the water body, the latitude and longitude of the place the discharge originated, and a map identifying the areas affected by the discharge;
8. A list of the common name and Chemical Abstract Service
  • number of each of the hazardous substances discharged;
9. A list of the quantities of each hazardous substance discharged, including best estimates if the quantities are unknown;
10. The date and time at which the discharge began, the date and time at which the discharge was discovered, the date and time at which the discharge ended, and the date and time at which the Department was notified pursuant to N.J.A.C. 7:1E-5.3 or 5.5;
11. A detailed description of the measures taken to contain, cleanup and remove the discharge, summary of costs incurred, and proof of proper disposal of all hazardous substances discharged;
12. The corrective actions or countermeasures taken, including a description of equipment repairs or replacements;
13. Additional preventative measures taken or proposed to minimize the possibility of recurrence; lE-55 Supp. 9-16-91

7:1E-5.8 DISCHARGES OF HAZARDOUS SUBSTANCES

14. The name, addresses and telephone numbers of all entities involved in containment, cleanup or removal of the discharge;
15. A de~ription of the type, quantity, location and date of all samples taken at or around the site of the discharge, whether before, during or after any containment, cleanup or removal;
16. The results of all analyses of samples described in (b)15 above; if the data are unavilable within 30 days due to laboratory delay, any person may apply to the Department at the address specified in NJ.AC.

7:1E-5.8(d) and (e) for an extension of the deadline, not to exceed an additional 90 days; the decision as to whether or not to grant such an extension rests solely with the Department; the results shall include:

i. The nanie, address and telephone number of any person conducting sample analyses; ii. Quality assurance/quality control procedures utilized for sam-ple collection and analyses; iii. Rationale for the location, number and frequency of samples collected; iv. A detailed description of the sample methodology for all samples, as follows:

( 1) Types of sample containers and closures, cleaning procedures of sample containeis/closures and sampling equipment; (2) Use of quality assurance samples (for example, blanks and duplicates);

(3) Groundwater monitoring well permit numben, designs and installation techniques; and (4) Chain of custody procedures and sample documentation;

v. A description of the analytical methodologies performed by parameter and rationale for selection of monitoring parameters and analytical methodologies; and vi. A list by parameter of the concentrations of each hazardous substance analyzed for;
17. For major facilities, a certification stating that financial responsibility demonstrated pursuant to NJ.AC. 7:1E-45 and submitted to the Department pursuant to N.J.A.C. 7:1E-4.4(a)9 is in full force and effect.
18. Information supplementing any information previously provided to the Department if additional relevant information is discovered, or if it is determined that the information previously provided was false, inac-curate or misleading;
19. Any other information concerning the discharge which the De-partment may request; and
20. A fully executed certification pursuant to N.J.AC. 7:1E-4.11.

Supp. 9-16-91 lE-56

7:1E-S.9

( c) Any person responsible for a discharge shall promptly notify the Department in writing of any additional or corrected information which becomes available after the submission of a confirmation report, within 10 days of the availability of that information. Such information shall reference the date, title and author of the confirmation report which is being supplemented.

( d) Any person required to submit a confirmation report for a dis-

  • charge at a major facility or transmission pipeline shall submit the con-firmation report to:

Bureau of Discharge Prevention New Jersey Department of Environmental Protection 401 East State Street CN <121 Trenton, New Jersey 08625-0027 Attention: Discharge Confirmation Report

( e) Any person req1,1ired to submit a confirmation report other than those referenced in ( d) above shall submit the confirmation report to:

Hazardous Waste Enforcement Element New Jersey Department of Environmental Protection 401 East State Street CN 028 Trenton, New Jersey 08625-0028 7:1E-S.9 Reporting responsibilities of the Department (a) Upon obtaining any information which leads it to suspect that a discharge has occurred in a municipality's jurisdiction, the Department shall immediately notify orally the contact persons for the governing body of the municipality and the local board of health as specified in (b) below, uniess these entities have been notified previously.

(b) The governing body of the municipality and the local board of health shall provide the Department with the name, address and telephone number of a 24 hour2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> contact point and an alternate 24 hour2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> contact point.

The governing body of the municipality and the local board of health may change the contact point and alternate contact point upon written notice to the Department. If a contact point and an alternate contact point are not specified, the local police department or local fire department shall be the points designated by the Department to receive notification pursuant to (a) above.

(c) Within 10 days of the initial oral notification required by (a) above, the Department shall issue a letter confirming and, if appropriate, expand-ing upon that initial oral notification.

lE-57 Supp. 9-16-91

e

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7:1E-5.10 DISCHARGES OF HAZARDOUS SUBSTANCES

( d) The Department shall take appropriate action to verify that a discharge bas occurred as suspected, including the authorization of agent(s) or officer(s) of the municipality or local board of health by an appropriate Department official to investigate the site of the suspected discharge. Such investigation shall include conducting visual assessment of the site of the discharge and contacting any persons potentially responsible for the dis-charge.

( e) The agent( s) or officer( s) of the municipality shall report all findings to the Department.

7:1.E-5.10 Discharge reporting requirements of local omcials (a) When any governing body of a municipality or local board of health obtains information which leads it to suspect that a discharge has occurred, the governing body or local board of health shall immediately notify, as specified in (b) below, the Department, unless the Department h~ already been notified of the discharge.

(b) The governing body or local board of health shall provide the Department with information regarding any discharge pursuant to (a) above in the format specified at N.J.AC. 7:1E-5.3(a).

( c) The local governing body -and the local board of health shall coordinate all responses to the discharge with the Department 7:1.E-5.11 Amendment of plans following a discharge (a) Following submission of a confirmation report pursuant to NJ.AC. 7:1E-5.8, the Department may review a facility's DPCC and OCR plans and may require the owner or operator of the facility to amend the plans if it finds that a plan does not meet the requirements of this chapter or that amendment of the plan is necessary to prevent and contain similar L

L discharges.

(b) Amendments required by the Department shall become part of L the DPCC or OCR plan within 30 days after approval by the Department, unless the Department specifies another effective date. The owner or operator shall implement the amendment of the plan as soon as possible, in accordance with a schedule submitted by the owner or operator and approved by the. Department.

Supp. 9-16-91 lE-58

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