N.J. Admin. Code § 7:26G-9.1

Current through Register Vol. 56, No. 19, October 7, 2024

Section 7:26G-9.1 - Incorporation by reference

(a) This subchapter incorporates by reference up to November 5, 2007 and prospectively incorporates by reference 40 C.F.R. Part 265. Federal regulations on the interim status 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) and (c) below.

(b) The following provisions of 40 C.F.R. Part 265 are not incorporated by reference: 40 C.F.R. 265.149, 265.150, 265.1030(c), 265.1050(f) and 265.1080(e).

(c) The following provisions of 40 C.F.R. Part 265 are incorporated by reference with the specified changes:

1.40 C.F.R. 265.1(c)(12), replace "transfer facility" with "hazardous waste transfer facility in accordance with 7:26G-7.4 ";

2.40 C.F.R. 265.52(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";

3.40 C.F.R. 265.56(d)(2), after "He must immediately notify" add "the NJDEP Hotline at 1-877-WARNDEP and";

4.40 C.F.R. 265.90(a), 265.90(d)(1) and 265.93(a), substitute "By December 6, 1982" for "Within one year after the effective date of these regulations";

5.40 C.F.R. 265.90(d)(2), substitute "December 6, 1982" for "one year after the effective date of these regulations";

6.40 C.F.R. 265.119(a), substitute "January 3, 1984" for "January 12, 1981";

7.40 C.F.R. 265.191(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;

8.40 C.F.R. 265.191(c) substitute "[the effective date of these regulations] October 21, 1996" for "July 14, 1986" unless the regulated tank or tanks are underground tanks that cannot be entered for inspection;

9.40 C.F.R. 265.193, substitute "[180 days after the effective date of these regulations] April 19, 1997" for "January 12, 1987" unless the regulated tank or tanks are underground tanks that cannot be entered for inspection;

10.40 C.F.R. 265.276(a), substitute "May 21, 1984" for "the effective date of this part";

11.40 C.F.R. 265.440(a), substitute "October 21, 1996" for "December 6, 1990" and "December 24, 1992" unless the regulated drip pads accept F032 waste; and

12. 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 265 which are incorporated by reference, except at 40 C.F.R. 265.147(a)(1)(ii), 265.147(g)(2) and 265.147(i)(4).

(d) 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.

(e) 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. 265.12(a), 265.149(a) and 265.150(a).

(f) When used in the following Federal citations, the term "EPA" means the United States Environmental Protection Agency: 40 C.F.R. 265.11.

(g) 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. 265.301(c)(1).

(h) 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. 265.12(a)2 and 265.71(d).

N.J. Admin. Code § 7:26G-9.1

Amended by R.1996 d.577, effective 12/16/1996.
See: 28 N.J.R. 2240(a), 28 N.J.R. 5360(a).
Inserted (d).
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), changed C.F.R. references; and added (h).
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"; in (c)3, substituted "1-877-WARNDEP" for "609-292-7172".
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 (d).
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".