N.J. Admin. Code § 7:26G-6.1

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

Section 7:26G-6.1 - Incorporation by reference

(a) This subchapter incorporates by reference up to November 5, 2007 and prospectively incorporates by reference 40 C.F.R. Part 262, Federal regulations on the standards applicable to generators of hazardous waste, as amended and supplemented, except as provided in (b) below.

(b) The following provisions of 40 C.F.R. Part 262 are incorporated by reference with the specified changes:

1.40 C.F.R. 262.10(d), replace "State requirements analogous to 40 C.F.R. 273." with "N.J.A.C. 7:26A-7 ";

2.40 C.F.R. 262.10(g), after "penalties prescribed in section 3008 of the Act" add ", and 13:1E-9 and N.J.A.C. 7:26G-2 ";

3.40 C.F.R. 262.11, delete the language at paragraph "(d)" and replace it with the following: "If the waste is determined to be hazardous, the generator shall refer to N.J.A.C. 7:26G-5, 8 through 11, and N.J.A.C. 7:26A-7 for possible exclusions or restrictions pertaining to management of the specific waste.";

4.40 C.F.R. 262.12(c), at the end of the paragraph add "It is considered a violation for a generator to utilize a transporter who is not properly licensed and registered with the Department in accordance with 7:26G-7.2 and/or who fails to display a current Department registration number in accordance with N.J.A.C. 7:26-7.2(b)6 ";

5.40 C.F.R. 262.32(b), remove 110 and replace with 119; after "HAZARDOUS WASTE--Federal" add "and/or State"; after "If found, contact the nearest police or public safety authority or the U.S. Environmental Protection Agency" add "or the New Jersey Department of Environmental Protection";

6.40 C.F.R. 262.34(a)(2), after "visible for inspection on each container" add "or tank";

7.40 C.F.R. 262.40(a), after "signed in accordance with § 262.23(a) for three years" delete "or until he receives a signed copy from" and replace with "and a signed copy from the owner or operator of the";

8.40 C.F.R. 262.41(a), delete "EPA Form 8700-13A" and replace with "forms approved by the Department";

9.40 C.F.R. 262.42(a)(1), after "to determine the status of the hazardous waste" add "and contact the Department at 609-292-7081 to inform the Department of the situation";

10.40 C.F.R. 262.42(a)(2), after "must submit an exception report to the EPA Regional Administrator" delete "for the Region in which the generator is located";

11.40 C.F.R. 262.43, delete "sections 2002(a) and 3002(6) of the Act" and replace with " 13:1E-1 et seq., 13:1D-1 et seq., or any comparable provisions of New Jersey's statutes and implementing regulations";

12.40 C.F.R. 262.80(a), replace "State requirements analogous to 40 C.F.R. 273." with "N.J.A.C. 7:26A-7.";

13.40 C.F.R. 262.89(a)2, replace "State requirements analogous to 40 C.F.R. 273." with "N.J.A.C. 7:26A-7."

(c) When used in the following Federal citations, the term "Environmental Protection Agency" shall not be replaced with a State term, but shall retain its meaning: 40 C.F.R. 262.53(b), 262.56(b), 262.81(k), 262.83(b)(1)(i), 262.83(b)(2)(i), 262.84(e), 262.85(g), 262.87(a) and 262.89(e).

(d) When used in the following Federal citations, the term "Administrator" means the Administrator of the United States Environmental Protection Agency or his or her designee: 40 C.F.R. 262.11(c)(1), 262.12(a), 262.12(b), 262.55, 262.56, 262.57, and 262.80 through 262.89.

(e) When used in the following Federal citations, the term "EPA" means the United States Environmental Protection Agency: 40 C.F.R. §§ 262.53(a), (c), (d), (e), and (f), 262.54(g)(1), 262.83(b)(2)(i), 262.85(g), and Note to Paragraph (g).

N.J. Admin. Code § 7:26G-6.1

Amended by R.1996 d.577, effective 12/16/1996.
See: 28 N.J.R. 2240(a), 28 N.J.R. 5360(a).
Inserted (c)2 and (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 (c), changed C.F.R. reference in 1, and added 16 through 18; rewrote (d); in (e) and (f), changed C.F.R. references; and in (f), inserted a reference to "EPA Acknowledgement of Consent".
Amended by R.2001 d.86, effective 3/5/2001.
See: 32 N.J.R. 2536(a), 33 N.J.R. 880(a).
Rewrote (c).
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 (f).
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" and deleted "and (c)" following "in (b)"; deleted former (b); recodified former (c) through (f) as (b) through (e); and rewrote (b).