New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 1F - UNDERGROUND STORAGE CAVERNS › Subchapter 2 - CONSTRUCTION OF AN UNDERGROUND STORAGE CAVERN › Section 7:1F-2.4 - Assessments of environmental, health, and climate change impacts

Current through Register Vol. 56, No. 14, July 15, 2024
(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.