N.J. Admin. Code § 7:26G-5.1

Current through Register Vol. 56, No. 24, December 18, 2024

Section 7:26G-5.1 - Incorporation by reference

(a) This subchapter incorporates by reference up to November 5, 2007 and prospectively incorporates by reference 40 C.F.R. Part 261, Federal Regulations on Identification and Listing of Hazardous Waste, and its appendices, as amended and supplemented, except as provided in (b) and (c) below.

(b) The following provisions of 40 C.F.R. Part 261 are not incorporated by reference: 40 C.F.R. Part 261 Appendix IX.

(c) The following provisions of 40 C.F.R. Part 261 are incorporated by reference with the specified changes:

1. Operative dates of regulations first promulgated by EPA are determined as follows:

i. Operative dates of rules originally promulgated by USEPA under the authority of the Hazardous and Solid Waste Amendments (HSWA) and incorporated by reference on October 21, 1996, shall not be altered, because these rules are operative in all states at the time of adoption.

ii. Operative dates of rules incorporated by reference on October 21, 1996, originally promulgated by USEPA under the authority of the Resource Conservation and Recovery Act (RCRA), shall be removed and replaced with October 21, 1996, because these rules are not operative in authorized states until state adoption of the rules.

iii. Operative dates of rules incorporated by reference after October 21, 1996, but prior to August 1, 1998, originally promulgated by USEPA under the authority of the Resource Conservation and Recovery Act (RCRA), shall be removed and replaced with January 19, 1999, because these rules are not operative in authorized states until state adoption of the rules.

iv. Operative dates of rules incorporated through prospective incorporation by reference shall become operative in accordance with N.J.A.C. 7:26G-1.4(k) and (l).

v. See 40 C.F.R. 271.1 Table 1, which lists all HSWA regulations. Other regulations are promulgated under RCRA.

2.40 C.F.R. 261.4(b)10, after "the corrective action regulations under part 280 of this chapter" add "or N.J.A.C. 7:14B";

3. The phrase "in the Region where the sample is collected" shall be omitted from 40 C.F.R. 261.4(e)(3)(iii).

4.40 C.F.R. 261.5(c)(4), replace " 40 C.F.R. Part 279 " with "N.J.A.C. 7:26A-6 ";

5.40 C.F.R. 261.5(c)(6), replace " 40 C.F.R. Part 273 " with "N.J.A.C. 7:26A-7 ";

6.40 C.F.R. 261.5(f)(3)(vii), replace "part 273 of this chapter" with "N.J.A.C. 7:26A-7 ";

7.40 C.F.R. 261.5(g)(3)(vii), replace "part 273 of this chapter" with "N.J.A.C. 7:26A-7 ";

8.40 C.F.R. 261.5(j), replace "part 279 of this chapter" with "N.J.A.C. 7:26A-6 ";

9.40 C.F.R. 261.6(a)(5), replace "State requirements analogous to 40 C.F.R. Part 273." with "N.J.A.C. 7:26A-7.";

10.40 C.F.R. 261.9, replace "part 273 of this chapter" with "N.J.A.C. 7:26A-7 " and replace "under 40 C.F.R. part 273:" with "at N.J.A.C. 7:26A-7:";

11.40 C.F.R. 261.9(a), replace "40 C.F.R. 273.2" with "N.J.A.C. 7:26A-7.1(b) ";

12.40 C.F.R. 261.9(b), replace "40 C.F.R. 273.3;" with "N.J.A.C. 7:26A-7.1(c);";

13.40 C.F.R. 261.9(c), replace "40 C.F.R. 273.4." with "N.J.A.C. 7:26A-7.1(d).";

14.40 C.F.R. 261.38(c)(1)(i), after "State RCRA and CAA Directors," remove "in Authorized States or Regional RCRA and CAA Directors in Unauthorized States";

15.40 C.F.R. 261.38(c)(1)(i)(A), after "The generator must submit a one-time notice to the," remove "Regional or";

16.40 C.F.R. 261.38(c)(1)(ii)(E), after "Name and mailing address of the," remove "Regional or State Directors" and insert "State Director."

(d) When used in the following Federal citations, the term "Administrator" shall mean the Administrator of the United States Environmental Protection Agency or his or her designee: 40 C.F.R. 261.10 and 11.

(e) When used in the following Federal citation(s), the term "EPA" means the United States Environmental Protection Agency: 40 C.F.R. § 261.38 footnotes to Table 1.

(f) When used in the following Federal citation, the term "Regional Administrator" shall not be substituted by a state term, but shall retain its meaning: 40 C.F.R. 261.4(f)(1).

N.J. Admin. Code § 7:26G-5.1

Amended by R.1996 d.577, effective 12/16/1996.
See: 28 N.J.R. 2240(a), 28 N.J.R. 5360(a).
Inserted (b).
Amended by R.1999 d.19, effective 1/19/1999.
See: 30 N.J.R. 3128(a), 31 N.J.R. 166(a).
Rewrote the section.
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"; 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"; added new (c)2; and recodified former (c)2 through (c)15 as (c)3 through (c)16.