N.J. Admin. Code § 7:26G-13.1

Current through Register Vol. 56, No. 23, December 2, 2024

Section 7:26G-13.1 - Incorporation by reference

(a) This subchapter incorporates by reference up to November 5, 2007 and prospectively incorporates by reference 40 C.F.R. Part 124, as amended and supplemented, except as provided in (b) and (c) below. 40 C.F.R. Part 124, Subparts A and B are adopted by reference solely for the purpose of establishing procedures regarding hazardous waste management permits.

(b) The following provisions of 40 C.F.R. Part 124 are not incorporated by reference:

1. Any reference relating to "404," "sludge," "UIC," "PSD" or "NPDES" permits;

2. 40 C.F.R. Part 124 Subparts C, D, E, and F;

3.40 C.F.R. 124.1;

4.40 C.F.R. 124.2;

5.40 C.F.R. 124.3(b) through (g);

6.40 C.F.R. 124.4;

7.40 C.F.R. 124.5(b) and (e) through (g);

8.40 C.F.R. 124.6(b), (c), and (d)(4)(ii) through (v);

9.40 C.F.R. 124.7;

10.40 C.F.R. 124.8(b)(3) and (8);

11.40 C.F.R. 124.9;

12.40 C.F.R. 124.10(a)(1)(i), (iv) and (vi);

13.40 C.F.R. 124.10(a)(2) and (3);

14.40 C.F.R. 124.10(d)(1)(vii) and (viii);

15.40 C.F.R. 124.12(b) through (e);

16.40 C.F.R. 124.13 through 124.16;

17.40 C.F.R. 124.17(b); and

18.40 C.F.R. 124.18 through 124.21.

(c) The following text of 40 C.F.R. Part 124 is incorporated by reference with the specified changes:

1. All references to "EPA" shall mean "EPA";

2. All references to "Director" shall mean the "Commissioner of NJDEP".

3.40 C.F.R. 124.6(a), after "Once an application is complete, the Director shall" insert ", within six months of that date for non-major hazardous waste facilities and eight months of that date for major hazardous waste facilities,"

4.40 C.F.R. 124.6(e), delete "All draft permits prepared by EPA under this section shall be accompanied by a statement of basis (§ 124.7) or fact sheet (§ 124.8), and shall be based on the administrative record (§ 124.9), publicly noticed (§ 124.10) and made available for public comment (§ 124.11). The Regional Administrator shall give notice of opportunity for a public hearing (§ 124.12), issue a final decision (§ 124.15) and respond to comments (§ 124.17). For RCRA, UIC or PSD permits, an appeal may be taken under § 124.19 and, for NPDES permits, an appeal may be taken under § 124.74.";

5.40 C.F.R. 124.8(a), after "A fact sheet shall be prepared for every draft permit for a" delete "major";

6.40 C.F.R. 124.10(b)(1), delete "Public notice of the preparation of a draft permit (including a notice of intent to deny a permit application) required under paragraph (a) of this section shall allow at least 30 days for public comment.";

7.40 C.F.R. 124.10(b)(1), delete "For EPA-issued permits, if the Regional Administrator determines under 40 C.F.R. part 6, subpart F that an Environmental Impact Statement (EIS) shall be prepared for an NPDES new source, public notice of the draft permit shall not be given until after a draft EIS is issued.";

8.40 C.F.R. 124.12(a)(1), after "The Director shall hold a public hearing" insert ", on every draft permit for a new hazardous waste facility, or on any draft permit modification or revocation and reissuance which would result in an increase of greater than 50 percent in the capacity of an existing facility to treat, store, or dispose of hazardous waste, or";

9.40 C.F.R. 124.31(a), after "The requirements of this section shall apply to all RCRA part B applications seeking initial permits for hazardous waste management units" delete "over which EPA has permit issuance authority";

10.40 C.F.R. 124.31(a), delete "For the purposes of this section only, 'hazardous waste management units over which EPA has permit issuance authority' refers to hazardous waste management units for which the State where the units are located has not been authorized to issue RCRA permits pursuant to 40 C.F.R. part 271.";

11.40 C.F.R. 124.32(a), after "The requirements of this section shall apply to all RCRA part B applications seeking initial permits for hazardous waste management units" delete "over which EPA has permit issuance authority";

12.40 C.F.R. 124.32(a), delete, "For the purposes of this section only, 'hazardous waste management units over which EPA has permit issuance authority' refers to hazardous waste management units for which the State where the units are located has not been authorized to issue RCRA permits pursuant to 40 C.F.R. part 271."; and

13.40 C.F.R. 124.33(a), after "The requirements of this section apply to all applications seeking RCRA permits for hazardous waste management units" delete "over which USEPA has permit issuance authority. For the purposes of this section only, 'hazardous waste management units over which USEPA has permit issuance authority' refers to hazardous waste management units for which the State where the units are located has not been authorized to issue RCRA permits pursuant to 40 C.F.R. Part 271."

N.J. Admin. Code § 7:26G-13.1

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); and in (c), added 9 through 13.
Amended by R.2002 d.140, effective 5/6/2002.
See: 33 N.J.R. 3794(a), 34 N.J.R. 1669(b).
In (a), substituted "May 6, 2002" for "July 31, 1998".
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".