N.J. Admin. Code § 7:26G-4.1

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

Section 7:26G-4.1 - Incorporation by reference

(a) This subchapter incorporates by reference up to November 5, 2007 and prospectively incorporates by reference 40 C.F.R. Part 260 , as amended and supplemented, except as provided in (b) and (c) below.

(b) The following provisions of 40 C.F.R. Part 260 are not incorporated by reference: 260.1(b)(1), 260.2, the following definitions at 260.10: "Act or RCRA," "Administrator," and "Regional Administrator"; and 260.20(b) through (e).

(c) The following provisions of 40 C.F.R. Part 260 are incorporated by reference with the specified changes:

1. 260.1(a), after "chapter" add "and N.J.A.C. 7:26G";

2. 260.1(b)(3), after "chapter" add "and N.J.A.C. 7:26G";

3. 260.1(b)(4), after "chapter" add "and/or N.J.A.C. 7:26G"; and

4. 260.10 Definitions:

i. "Existing tank system or existing component," after "for which installation has commenced on or prior to July 14, 1986." add "For non-HSWA tanks (that is, inground tank systems, onground tank systems, aboveground tank systems and underground tank systems that can be entered for inspection), Existing tank system or existing component means a tank system or component that is used for the storage or treatment of hazardous waste and that is in operation, or for which installation has commenced on or prior to October 21, 1996.

ii. "New tank system or new tank component," at the end of the paragraph add "For non-HSWA tanks (that is, inground tank systems, onground tank systems, aboveground tank systems and underground tank systems that can be entered for inspection), Existing tank system or existing component means a tank system or component that is used for the storage or treatment of hazardous waste and that is in operation, or for which installation has commenced on or prior to October 21, 1996.

5. 260.20(a), after "parts 260 through 266" delete "and 268" and replace with ", 268 and N.J.A.C. 7:26A-7."; after "of this chapter" add "or N.J.A.C. 7:26G."; after "testing or analytical method to part 261, 264, or 265" add "of this chapter."; after "Section 260.22 sets forth additional requirements for petitions to exclude a waste" add "or waste-derived material."; after "the lists of hazardous wastes in subpart D of part 261" add "of this chapter. N.J.A.C. 7:26G-4.2 sets forth additional requirements for petitions to amend N.J.A.C. 7:26A-7 to include additional hazardous wastes for categories of hazardous waste as universal waste. All petitions for rulemaking will be subject to N.J.A.C. 1:30, Rules for Rulemaking. All petitions for rulemaking are governed by N.J.A.C. 1:30-3.6 and 7:1D-1.1.";

6. 260.21(b), delete "§ 260.20(b)" and replace with "N.J.A.C. 7:1D-1.1 and 1:30-3.6";

7. 260.21(d), after "will be incorporated in" add "and will be in addition to";

8. 260.33(a), delete "in the region where the recycler is located";

9. 260.33(b), delete "this decision may not be appealed to the Administrator." and replace with "a hearing may be requested in accordance with the provisions of the Administrative Procedure Act.";

10. 260.40(a), replace "261.6(a)(2)(iv)" with "261.6(a)(2)(iii)";

11. 260.41, replace "261.6(a)(2)(iv)" with "261.6(a)(2)(iii)";

12. Appendix I to Part 260 first paragraph, after "of the regulations they should comply." add "Appendix I contains guidance, not regulations. If any part of the appendix is inconsistent with the regulations, the regulations are controlling.";

13. Appendix I to Part 260 last paragraph, after "encouraged to write to EPA" add "and the Department"; after "(513) 684-5362" add "and New Jersey Department of Environmental Protection, Division of Solid and Hazardous Waste, Mail Code: 401-02C, PO Box 420, 401 East State Street, Trenton, NJ 08625-0420, (609) 633-1418."

(d) When used in the term "EPA form," the definition of "Manifest," "Federal Agency" and "Person" at 40 C.F.R. 260.10, in the Appendix I to 40 C.F.R. Part 260, and 40 C.F.R. 260.11(a), the term "Agency" or "EPA" means the United States Environmental Protection Agency.

(e) When used in the definition for "hazardous waste constituent" at 40 C.F.R. 260.10, the term "Administrator" means the Administrator of the United States Environmental Protection Agency or his or her designee.

(f) When used in the following Federal citation, the terms "EPA" and "Environmental Protection Agency" shall not be replaced with a State term, but shall retain its meaning: 40 C.F.R. 260.11(a).

N.J. Admin. Code § 7:26G-4.1

Amended by R.1996 d.577, effective 12/16/1996.
See: 28 N.J.R. 2240(a), 28 N.J.R. 5360(a).
Amended (c)5.
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 (d), added C.F.R. reference; and added (f).
Administrative change.
See: 32 N.J.R. 1796(a).
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.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"; deleted former (c)4ii; recodified former (c)4iii as (c)4ii; and rewrote (c)13.
Notice of readoption with technical change.
See: 46 N.J.R. 2040(b).