N.J. Admin. Code § 7:26G-8.1

Current through Register Vol. 56, No. 9, May 6, 2024

Section 7:26G-8.1 - Incorporation by reference

(a) This subchapter incorporates by reference up to November 5, 2007 and prospectively incorporates by reference 40 C.F.R. Part 264, Federal regulations on the standards applicable to owners and operators of hazardous waste treatment, storage and disposal facilities, and its appendices, as amended and supplemented, except as provided in (b), (c) and (d) below.

(b) The following provisions of 40 C.F.R. Part 264 are not incorporated by reference:

1.40 C.F.R. 264.149 Use of State-required mechanisms;

2.40 C.F.R. 264.150 State assumption of responsibility;

3.40 C.F.R. 264.301 (l) Design and operating requirements, Alabama landfills;

4.40 C.F.R. 264 Appendix VI Political Jurisdictions in which compliance with § 264.18(a) must be demonstrated;

5.40 C.F.R. 264.1030(d);

6.40 C.F.R. 264.1050(g); and

7.40 C.F.R. 264.1080(e).

(c) The following provisions of 40 C.F.R. Part 264 are incorporated by reference with the specified changes:

1. The term "New Jersey" shall be substituted for "State(s)," "authorized state," "approved state", and the term "New Jersey's hazardous waste program" for "approved program" in those provisions of 40 C.F.R. Part 264 which are incorporated by reference, except at 40 C.F.R. 264.147(a)(1)(ii), 264.147(b)(1)(ii), 264.147(g)(2) and 264.147(i)(4);

2.40 C.F.R. 264.1(g)(9), replace "transfer facility" with "hazardous waste transfer facility in accordance with 7:26G-7.4 ";

3.40 C.F.R. 264.52(b), after "or part 1510 of chapter V," add "or a Discharge Prevention, Containment and Countermeasure (DPCC) Plan in accordance with N.J.A.C. 7:1E";

4.40 C.F.R. 264.56(d)(2), after "He must immediately notify" add "the NJDEP Hotline at 1-877 WARNDEP and";

5.40 C.F.R. 264.71(a)(2)(iii), after "one copy of the manifest" add ", and forward the pertinent copy of the manifest form to the Department and to the generator's State agency, provided the generator's State agency requires the submittal of manifest copies. These manifest copies must be postmarked within 10 days of waste receipt.";

6.40 C.F.R. 264.71(b)(3), after "one copy of the manifest or shipping paper (if the manifest has not been received)" add ", and forward the pertinent copy of the manifest form to the Department and to the generator's State agency, provided the generator's State agency requires the submittal of manifest copies. These manifest copies must be postmarked within 10 days of waste receipt";

(Reserved)

8.40 C.F.R. 264.113(e)(7)(v), delete "not subject to administrative appeal" and replace with "subject to appeal in accordance with the provisions of Administrative Procedure Act, 52:14B-1 et seq.";

9.40 C.F.R. 264.119(a), substitute "October 9, 1981" for "January 12, 1981";

10. Changes to 40 C.F.R. 264.151:

i.40 C.F.R. 264.151 (l), after "Section 3004 of the Resource Conservation and Recovery Act of 1976, as amended" add "or any comparable provisions of 13:1E-1 et seq. and implementing regulations", in the form agreements contained in these subparagraphs;

ii.40 C.F.R. 264.151(a), 264.151(m)(1) and 264.151(n)(1), substitute "a Department of the State of New Jersey" for "an Agency of the United States Government";

iii.40 C.F.R. § 264.151 (l), in paragraph (3) of the form agreement, under the heading "Governing Provisions" delete "governing State agency (if applicable) [insert citation]" and insert instead, "State of New Jersey, particularly N.J.A.C. 7:26G-8 ";

iv. Whenever 40 C.F.R. 264.151 requires that owners and operators notify several Regional Administrators of their financial obligations, the owner or operator shall notify both the Department and all Regional Administrators of the United States Environmental Protection Agency of Regions which are affected by the owner or operator's financial assurance mechanisms;

v.40 C.F.R. 264.151(a) through (n), all changes and substitutions specified in (c)10i through iv above and in 7:26G-4.2 shall also be made to the wording of each financial instrument prepared in accordance with 40 C.F.R. 264.151.

11.40 C.F.R. 264.191(a), substitute "by April 19, 1997" for "by January 12, 1988" unless the regulated tank or tanks are underground tanks that cannot be entered for inspection;

12.40 C.F.R. 264.191(c), substitute "October 21, 1996" for "July 14, 1986" unless the regulated tank or tanks are underground tanks that cannot be entered for inspection;

13.40 C.F.R. 264.193, substitute "April 19, 1997" for "January 12, 1987" unless the regulated tank or tanks are underground tanks that cannot be entered for inspection;

14.40 C.F.R. 264.276(b)(1)(ii), in the second line of the table, substitute "0.5" for "1.25";

15.40 C.F.R. 264.570(a), substitute "October 21, 1996" for "December 6, 1990" unless the regulated drip pads accept F032 waste; and

(d) (Reserved)

(e) The requirements of this subchapter do not apply to universal waste handlers and universal waste transporters (as defined in 7:26G-4.2 ) handling universal waste, as listed in N.J.A.C. 7:26G-4.2. These handlers are subject to regulation under N.J.A.C. 7:26A-7.

(f) When used in the following Federal citations, the term "Administrator" or "Regional Administrator" means the Administrator or Regional Administrator of the United States Environmental Protection Agency or his or her designee: 40 C.F.R. 264.1(j)(1) and 264.12(a).

(g) When used in the following Federal citations, the term "EPA" means the United States Environmental Protection Agency: 40 C.F.R. 264.11, 264.554, and 264.1080, Comment at the end of 40 C.F.R. 264.18(b)(1)(ii)(D), Comment and forms at the end of 40 C.F.R. 264.18(b)(2)(iii), 264.151(f) and 264.151(g) and note to 40 C.F.R. 264.573(a)(5).

(h) When used in the following Federal citations, the term "RCRA" or Resource Conservation and Recovery Act" shall retain its meaning and not be replaced by a state analog: 40 C.F.R. 264.251(f), and 264.301(f)(1).

(i) When used in the following Federal citations, the term "Environmental Protection Agency" shall not be substituted by a State term, but shall retain its meaning: 40 C.F.R. 264.12(a)(2) and 264.71(d).

N.J. Admin. Code § 7:26G-8.1

Amended by R.1996 d.577, effective 12/16/1996.
See: 28 N.J.R. 2240(a), 28 N.J.R. 5360(a).
Inserted (e).
Amended by R.1999 d.19, effective 1/19/1999.
See: 30 N.J.R. 3128(a), 31 N.J.R. 166(a).
Rewrote (a); in (b), added 5 through 7; and added (i).
Amended by R.2002 d.140, effective 5/6/2002.
See: 33 N.J.R. 3794(a), 34 N.J.R. 1669(b).
Rewrote section.
Amended by R.2002 d.182, effective 6/17/2002 (operative December 17, 2002).
See: 33 N.J.R. 4273(a), 34 N.J.R. 2088(a).
Rewrote (e).
Amended by R.2007 d.350, effective 11/5/2007.
See: 39 N.J.R. 1953(a), 39 N.J.R. 4834(a).
In (a), substituted "November 5, 2007" for "May 6, 2002"; and rewrote (c)5 and (c)6.