N.J. Admin. Code § 7:1F-2.4

Current through Register Vol. 56, No. 21, November 4, 2024

Section 7:1F-2.4 - Assessments of environmental, health, and climate change impacts

(a) Prior to construction of any underground storage cavern system and as part of any application for an approval to construct pursuant to N.J.A.C. 7:1F-4, the owner and operator of an underground storage cavern system shall prepare and submit to the Department an environmental and health impact statement (EHIS) utilizing a systematic, interdisciplinary approach in order to ensure the integrated assessment of technical, economic, environmental, and social parameters potentially affected by the construction and operation of an underground storage cavern system. The EHIS must include an environmental inventory, environmental assessment, and health assessment, as described at (b), (c), and (d) below. Where the information addressing a requirement of the inventory is supplied in the engineering designs or reports, reference to such designs or reports may be noted in the inventory, provided the appropriate section and page number of the design or report is cross-referenced and indexed.

(b) The environmental inventory must contain a description of the information listed below. If any category described below presents no impact relative to the proposed facility, a notation of non-applicability shall be entered in the environmental inventory for that category.

1. The purpose of the underground storage cavern system, including an analysis of the social and economic benefits to the owner and operator and the local community;

2. The construction of the system, including:

i. An anticipated schedule of major phases of work; and

ii. The planned destination for excavated materials and any potential environmental concerns;

3. The operations at the system after construction, including an estimate of the volume of the regulated substance to be handled and/or transferred, methods of handling and/or transfers, and a layout of the system that depicts handling and transfer locations;

4. The surrounding vicinity of the proposed system or facility, including a vicinity map, to scale, depicting the boundaries of the facility, the specific zoning designations within 1,000 feet of the perimeter of the boundaries of the facility, the location of all existing and proposed utility lines, pipelines, or other utility structures that will service the facility, including, but not limited to, the stormwater drainage system, sanitary sewer system, water supply system, and energy system, other subsurface activities, including drilling, storage, mining, and/or wells not related to the operation of the system, and all wellhead protection areas;

5. The site of the proposed system, including a site plan map, to scale, specifying the boundaries of the facility, total acreage of the facility, surface footprint of any cavern, and a facility layout of all buildings, access roads, internal routes of traffic flow, and monitoring systems;

6. The impact that the proposed facility will have on local transportation patterns, drainage and soil characteristics, surface and ground water quality, endangered or threatened wildlife and vegetation, storm water and wastewater collection and/or treatment capability, water supply capability, ambient acoustical conditions, and air quality;

7. How the system or facility will conform or conflict with the objectives of any applicable Federal, State, or local land use and environmental requirements including, but not limited to, those affecting the following:

i. The floodway and flood fringe areas of the flood hazard areas as identified by the Department pursuant to the State Flood Hazard Area Control Act, N.J.S.A. 58:16A-50 et seq., or areas identified under the flood insurance studies prepared by the Federal Emergency Management Agency (FEMA);

ii. Areas designated as wild, scenic, recreational, or developed recreational rivers pursuant to the Natural Wild and Scenic Rivers Act, 16 U.S.C. § 1271, or the New Jersey Wild and Scenic Rivers Act, N.J.S.A. 13:8-45 et seq.;

iii. Critical habitat of endangered or threatened species of plants, fish, or wildlife as defined by the Federal Endangered Species Act of 1973, P.L. 93-205, or the New Jersey Endangered and Non-Game Species Conservation Act, N.J.S.A. 23:2A-1 et seq.;

iv. Wetlands, tidelands, and coastal zone areas, as identified by the Department, pursuant to the Coastal Zone Management Rules, N.J.A.C. 7:7, and as identified on the U.S. Fish and Wildlife Services National Wetlands Inventory Maps;

v. The Preservation and Protection Areas, as established by the Pinelands Protection Act, N.J.S.A. 13:18A-1 et seq., and Highlands Water Protection and Planning Act, N.J.S.A. 13:20-1 et seq.;

vi. Nonattainment areas, as defined at N.J.A.C. 7:27-18;

vii. Areas subject to the prevention of significant deterioration of air quality criteria, as defined at 40 CFR 52.21;

viii. Activities that may impact the acoustical quality of residential and commercial properties, pursuant to N.J.A.C. 7:29;

ix. Activities that may significantly impact water quality, pursuant to N.J.A.C. 7:15;

x. Lands that have been duly certified by the State Agriculture Development Committee as agricultural development areas, pursuant to the Agricultural Retention and Development Act, N.J.S.A. 4:1C-11 et seq.;

xi. Watershed areas for water classified by the Department as FW-1 waters or FW-2 Trout Production Waters, pursuant to the Surface Water Quality Standards, N.J.A.C. 7:9B;

xii. Areas over a sole source aquifer designated pursuant to Section 1424(e) of the Safe Drinking Water Act of 1974 (Public Law 93-523, 42 U.S.C. §§ 300 et seq.);

xiii. Areas within the critical supply areas as defined by the Water Supply Management Act, N.J.S.A. 58:1A-1 et seq.;

xiv. Areas that will encroach upon, damage, or destroy any area, site, structure, or object included in the National or State Register of Historic Places established by N.J.S.A. 13:1B-15.128;

xv. The re-use or disposal of excavated rock or materials, including how the system or facility will conform or conflict with N.J.A.C. 7:28, as applicable;

xvi. Areas dedicated to recreational or open space use including, but not limited to, national parks, national recreation areas, national forests, national wildlife refuges, State wildlife management areas, State parks, State forests, State-designated natural areas, and county or local parks, wildlife sanctuaries, and recreational facilities;

xvii. Areas subject to cleanup pursuant to the Industrial Site Recovery Act, N.J.S.A. 13:1K-6 et seq.; and

xviii. New Jersey's Executive Order No. 100 (2020) and the resulting Department-adopted rules and guidance documents implementing protections against climate threats.

(c) An environmental assessment must provide a detailed evaluation of the potential impacts of the proposed facility on the environment including, but not limited to, all parameters identified in the environmental inventory at (b) above. The assessment shall include, but not be limited to, the following:

1. An evaluation of both positive and negative, as well as, primary (direct or immediate) and secondary (indirect or long term) impacts on each parameter under conditions of maximum usage and a correlation of such impacts with various stages of the site preparation, facility construction, operation, dormant, and decommissioning phases;

2. An identification and description of the modeling techniques used to predict impacts on the various parameters identified at (b) above. Where applicable, a calibrated and verified model shall be used and a copy of the model in the appropriate format shall be transmitted to the Department. Where an accepted modeling technique is not available, best professional judgment may be used. A detailed description of the logical reasoning and assumptions made in the exercise of best professional judgment shall be incorporated to permit independent review;

3. Isopleths, grid maps, or other maps to depict potential zones of substance migration surrounding any and all sources of a release. Identify the type and location of each source;

4. A quantification of all potential environmental impacts identified, where possible. If such quantification is not included, an explanation of the reason for such omission shall be provided;

5. A qualitative discussion of all potential environmental impacts identified; and

6. A description of the mitigative techniques proposed to address any potential environmental impact associated with the proposed system.

(d) A health impact assessment must provide a detailed evaluation of the potential impacts on human health of a release of a regulated substance from a proposed system, including, but not limited to, the following:

1. A description and discussion of the health risk assessment methodology to be employed, including detailed descriptions of the logical reasoning and assumptions employed in the method. A bibliography of reference material utilized in the preparation of the assessment shall be provided.

2. A discussion of the level of uncertainty involved in the overall assessment. This discussion shall address the uncertainty involved in the estimation of individual parameters, such as the size and scope of the release, levels of exposure and health effects, as well as the implications of complex uncertainties;

3. A listing of all potential substances that could be released from the system, and the amount of the release, concentrations, and pathways;

4. Based on the list at (d)3 above, a separate listing of substances that will be utilized to assess health risks, including all known carcinogens;

5. For each of the substances listed at (d)4 above, a toxicity profile shall be developed, as applicable. This profile shall include data on the physical and chemical nature of the regulated substance, as well as a description and discussion of data available regarding the environmental fate, acute and chronic effects, and epidemiology of the substance. This profile shall include a listing of available toxicological, epidemiological, or other acute or chronic health effects studies used or otherwise available on the regulated substance;

6. A quantification of the potential health impacts, where possible. If such quantification is not included, an explanation of the reason for such omission shall be provided; and

7. A detailed description of the mitigation techniques proposed to address any potential health impacts associated with the proposed facility.

(e) The EHIS must include a summary discussion of any potential adverse impacts identified in the environmental and health assessments at (c) and (d) above that cannot be avoided should the proposed facility be constructed and be operational. For those impacts that cannot be avoided, their implications, and the reasons why the proposed facility should be permitted, shall be described. Where mitigation measures are proposed to reduce these potentially adverse impacts, the projected effectiveness and costs of the mitigative measures shall be discussed.

(f) The owner and operator of a system shall include a climate change impact assessment with any application for a permit or permit renewal pursuant to N.J.A.C. 7:1F-4. Assessing the impacts of climate change on a system shall be conducted, in accordance with (f)1 through 4 below. The Department may accept a climate change impact assessment, or similar evaluation conducted to satisfy other Department regulatory or permitting programs provided it includes the items described in this subsection.

1. The assessment shall contain the following information:

i. The name, telephone number, and location of the facility, including street address, county, and municipality;

ii. The name, title, telephone number, email address, and business address of the preparer of the assessment;

iii. A certification by the owner, operator, and preparer, if applicable, pursuant to N.J.A.C. 7:1F-1.8; and

iv. The data, potential impacts, and measures to prevent discharges and mitigate the climate change impacts evaluated at (f)2, 3, and 4 below.

2. At a minimum, the assessment shall use data and tools from the Department's Climate Change website (http://www.nj.gov/dep/climatechange) or other current scientific resources, which must be referenced in the prepared document, to provide a written report considering the following scenarios:

i. Whether the system, including any above-ground ancillary equipment, is located within a flood hazard area, as defined by the Flood Hazard Area Control Act Rules, N.J.A.C. 7:13. A system not located in a flood hazard area shall identify the distance from the cavern system to the closest flood hazard area and minimum value or depth flood waters would have to rise to potentially reach the cavern system, using data available at the time the assessment is being prepared for the Department;

ii. The 100-year storm events and facility flooding expected;

iii. The facility's proximity to sea level rise projections for New Jersey at approximately one, 2.5, four, and seven feet above year 2000 average sea level. Depending on the data, tools, and scientific resources used, the approximate values may vary, but should remain within 0.5 feet of the values given here; and

iv. Extreme weather events, such as hurricanes, tropical storms, tornados, or significant precipitation.

3. Using the data and projections at (f)2i through iv above to develop a written summary.

i. Evaluating the potential of a release or impacts to the system.

ii. Analyzing the risk to the system from flooding or potential inundation.

iii. Evaluating the potential for health-related impacts that may result from flooding or other damage to the system or a release of the regulated substance into flood waters.

iv. Maps may be included, and should be in a format specified by the Department.

4. A list of measures to prevent releases and mitigate the climate change impacts summarized at (f)3 above, including:

i. Those determined to be already present at the facility, or in the design specifications for construction of a proposed cavern system; and

ii. Those selected to be implemented and an anticipated schedule for their implementation.

(g) In addition to the requirements pursuant to this section, the Department retains the right to request additional information from the applicant regarding the EHIS or climate change impact assessment.

N.J. Admin. Code § 7:1F-2.4

Adopted by 55 N.J.R. 905(a), effective 5/1/2023