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New Jersey Chemical Security Initiatives. Paul Baldauf, P.E., Assistant Director Radiation Protection & Release Prevention New Jersey Department of Environmental Protection - (609) 984-5636

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New Jersey Chemical Security Initiatives

  • Paul Baldauf, P.E., Assistant Director Radiation Protection & Release Prevention New Jersey Department of Environmental Protection - (609) 984-5636

  • paul.baldauf@dep.state.nj.us


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Best Practice Standards

  • Signed by the Attorney General, DEP Commissioner and Approved by the Governor on November 21, 2005

  • Additional Measures Deemed Appropriate to Ensure Accountability

  • Mandatory Requirements


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Standards Scope and Timeframe

  • 154 Facilities-TCPA/Discharge Prevention

  • SIC Groups 28, 30 and 5169

  • NAICS Codes 325, 326 and 424690

  • 120 Days from the Effective Date - Three Assessments/Reports are Required to be Completed by March 21, 2006


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Security Vulnerability Assessment

  • Conducted by a Qualified Security Expert

  • Methodology Approved by the AICHE Center for Chemical Process Safety

  • Access Provisions, Outside the Perimeter Improvements, Background Checks, Information and Cyber Protocol, Storage and Processing of Hazardous Materials


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Prevention, Preparedness and Response Plan

  • Implementation Status of All Best Practices

  • Measures That Have Been or Are Planned to be Implemented

  • Present the Schedule for Improvements or Document Costs Are Not Justified by the anticipated Security and Public Safety Benefits


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Inherently Safer Technology

  • Applicable to Only the 43 TCPA Facilities Subject to the Standards

  • Review of the Practicability and the Potential for Adopting Inherently Safer Technology


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IST Principles

  • Reduce the Amount of EHS Material

  • Substitute Less Hazardous Materials

  • Using EHSs in the Least Hazardous Process Conditions or Form

  • Designing Equipment and Processes to Minimize the Potential for Equipment Failure and Human Error


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IST Analysis

  • Determine if the Adoption of IST Alternatives is Practicable and Provide the Basis for and Determination that Implementation is Impractical

  • Review Shall be Conducted by a Qualified Expert in Chemical Process Safety


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Standards Summary

  • Excellent Compliance Levels - 98 Percent

  • Five Facilities Non-Compliant

  • Four Facilities in Process

  • All IST Evaluations Completed


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6 CFR Part 27

  • DHS Chemical Facility Anti-Terrorism Standards

  • Comment Period Closed 2/7/07

  • Scheduled to be Effective 4/07

  • NJ Comments Submitted Jointly by OHSP and NJDEP


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Preemption

  • Section 550 Silent on Preemption, DHS Theory of Implied Preemption

  • Minimum Federal Security Standards are Essential

  • Must be a Floor Ensuring a Base Level of Protection, Not a Ceiling Constraining NJ’s Ability to Protect Our Citizens


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Applicability

  • Refining NRC Exemption

  • Public Water Systems (Section 1401 of the SDWA) and Water Treatment Works (Section 212 of the WPCA) Should not be Exempt.


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High Level Security Risk

  • Top-screen 200,000 Persons Toxic and 1,000 Persons Flammable

  • Estimate 13 Percent of TCPA Facilities

  • Consider Reducing Consequence to Appropriately Capture Facilities


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Delegation

  • Delegate Oversight Responsibility to State Governments

  • Petition Process - EPA/NRC Models

  • DHS to Retain Sole Authority if no Interest or Inadequate Resources/Expertise

  • Leveraging and Augmenting State Resources