N.J. Admin. Code § 7:26G-11.1

Current through Register Vol. 56, No. 21, November 4, 2024

Section 7:26G-11.1 - Incorporation by reference

(a) This subchapter incorporates by reference up to November 5, 2007 and prospectively incorporates by reference 40 C.F.R. Part 268, Federal regulations on Land Disposal Restrictions, and the Appendices to 40 C.F.R. Part 268, as amended and supplemented, except as provided in (b) and (c) below.

(b) The following provisions of the Land Disposal Restrictions are not incorporated by reference:

1. The following sections of 40 C.F.R. Part 268 because these sections contain the schedule by which EPA must evaluate wastes for disposal restrictions:

i.40 C.F.R. 268.10, Identification of Wastes to be Evaluated by August 8, 1988;

ii.40 C.F.R. 268.11, Identification of Wastes to be Evaluated by June 8, 1989;

iii.40 C.F.R. 268.12, Identification of Wastes to be Evaluated by May 8, 1990; and

iv.40 C.F.R. 268.13, Schedule for Wastes Identified or Listed After November 8, 1990; and

2. The following sections of 40 C.F.R. Part 268 because they have not been delegated by USEPA to the State:

i.40 C.F.R. 268.5, Procedures for case-by-case extension of an effective date;

ii.40 C.F.R. 268.6, Petitions to allow land disposal of a waste prohibited under Subpart C of Part 268;

iii.40 C.F.R. 268.42(b), Treatment standards expressed as specified technologies (alternative treatment method; and

iv.40 C.F.R. 268.44, Variance from a treatment standard, paragraphs (a) through (g), national variances, and (n) through (p), constituent concentrations.

(c) (Reserved)

(d) Universal waste handlers and universal waste transporters (as defined in 7:26G-4.2 ) are exempt from 40 C.F.R. 268.7 and 268.50 as incorporated herein by reference. These handlers are subject to regulation under N.J.A.C. 7:26A-7 when handling universal wastes as defined in N.J.A.C. 7:26G-4.2.

(e) The regulated community in New Jersey may apply to EPA Region II for all Land Disposal Restriction extensions, exemptions and variances offered by EPA but not delegated to the States. (Examples are case-by-case extensions to an effective date, at 40 C.F.R. 268.5(a), petitions to allow land disposal of a prohibited waste, at 40 C.F.R. 268.6(a), and alternate treatment at 40 C.F.R. 268.42(b).)

(f) When used in the following Federal citations, the term "Administrator" shall mean the Administrator of the United States Environmental Protection Agency: 40 C.F.R. 268.40(b).

(g) When used at 40 C.F.R. 268.1(e)(3), the term "EPA" shall mean the United States Environmental Protection Agency.

N.J. Admin. Code § 7:26G-11.1

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)2, substituted "USEPA" for "EPA" in the introductory paragraph, and added ", paragraphs (a) through (g), national variances, and (n) through (p), constituent concentration" at the end of iv.
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.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".