N.J. Admin. Code § 7:26A-7.1

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

Section 7:26A-7.1 - Incorporation by reference: standards for the management of universal waste

(a) This subchapter prospectively incorporates by reference up to July 1, 1998 and prospectively incorporates by reference 40 C.F.R. Part 273, Federal Regulations on Universal 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 273 are not incorporated by reference. If there is a cross reference to a Federal citation specifically entirely excluded from incorporation, then the cross referenced citation is not incorporated by virtue of the cross reference, and is also excluded from the process of prospective incorporation by reference:

1. 40 C.F.R. Part 273.6, the definition of "universal waste." The definition at N.J.A.C. 7:26A-1.3 shall apply.

(c) The following provisions of 40 CFR Part 273 are incorporated by reference with the specified changes:

1.40 C.F.R. 273.1(a), add as (5) and (6):

(5)" Oil-based finishes

(6) Consumer electronics";

2.40 C.F.R. 273.1(b), add paragraph (c), State Definitions

The following words and terms, when used in this chapter shall have the following meanings unless the context clearly indicates otherwise:

i. "Administrator" as used in the provisions of the Code of Federal Regulations which are incorporated by reference, means the Commissioner of the New Jersey Department of Environmental Protection or his designee, except where specifically noted, then it means the Administrator of the United States Environmental Protection Agency or his or her designee.

ii. "EPA," "EPA Regional Office" and "Regional EPA Office" as used in the provisions of the Code of Federal Regulations which are incorporated by reference, means the New Jersey Department of Environmental Protection, except when specifically noted, then it means the United States Environmental Protection Agency.

iii. "Department of Transportation" or "DOT" means the "U.S. Department of Transportation."

3.40 C.F.R. 273.1(b), after "regulation under 40 C.F.R. Parts 260 through 272 " add "as incorporated by reference at N.J.A.C. 7:26G";

4.40 C.F.R. 273.6 Definitions;

i. "Large Quantity Handler of Universal Waste," replace parenthetical text "(batteries, pesticides, or thermostats, calculated collectively)" with the phrase "calculated collectively";

ii. "Small Quantity Handler of Universal Waste," replace parenthetical text "(batteries, pesticides, or thermostats, calculated collectively)" with the phrase "calculated collectively";

5.40 CFR 273.18(g) and 273.38(g), replace "appropriate regional EPA office" with "the Department of Environmental Protection's Division of Sustainable Waste Management" and replace "EPA regional office" with "Division of Sustainable Waste Management";

6.40 C.F.R. 273.32(b)(4) and (5), add "Universal waste shall include all State listed universal wastes, not only those given as examples."

7.40 C.F.R. 273.60(b), add paragraph (c): "The owner or operator of a destination facility located in the State of New Jersey that recycles universal waste shall obtain, from the Department, prior written approval to operate a Class D recycling center pursuant to N.J.A.C. 7:26A-3et seq."

(d) The term "EPA" as used in "EPA Identification Number," "EPA Acknowledgment of Consent" and the "notification to EPA as required by 40 C.F.R. Part 165 ," as used in the Code of Federal Regulations which are incorporated herein by reference, means the United States Environmental Protection Agency.

(e) The following Class D recyclable materials, which are hazardous waste, may either be handled as hazardous waste in accordance with the provisions of N.J.A.C. 7:26G, or as universal waste in accordance with the provisions contained in this chapter:

1. Lamps (light bulbs);

2. Oil-based finishes;

3. Batteries;

4. Mercury-containing equipment; and

5. Consumer electronics.

(f) Universal wastes are also Class D recyclable materials when destined for recycling in New Jersey.

N.J. Admin. Code § 7:26A-7.1

Amended by R.2009 d.52, effective 2/2/2009.
See: 40 N.J.R. 7(a), 41 N.J.R. 742(a).
Rewrote (c)1; in (c)5, inserted "and 273.38(g)", deleted "Division of" preceding "Solid" twice and inserted "Management Program" twice; deleted former (e)1; recodified former (e)2 through (e)6 as (e)1 through (e)5; and in (e)4, substituted "equipment" for "devices".
Notice of readoption with technical change.
See: 48 N.J.R. 76(a).

Amended by 54 N.J.R. 1912(a), effective 10/3/2022