N.J. Admin. Code § 7:26G-12.1 - Incorporation by reference

(a) This subchapter incorporates by reference up to November 5, 2007 and prospectively incorporates by reference 40 C.F.R. Part 270, Federal regulations on USEPA administered permit programs: the hazardous waste permit program, as amended and supplemented, except as provided in (b) and (c) below.

(b) The following provisions of 40 C.F.R. Part 270 are not incorporated by reference: 40 C.F.R. 270.1(a) and (b), 270.3, 270.14(b)(18), 270.51 and 270.73(c) through (g).

(c) The following provisions of 40 C.F.R. Part 270 are incorporated by reference with the specified changes:

1. 40 C.F.R. 270.2, in the definition of "Corrective Action Management Unit," after "RCRA Section 3008(h);" add "and all applicable provisions of 13:1E-9 ";

2. 40 C.F.R. 270.2, in the definition of "Final Authorization," after section 3006(b) of RCRA," add "and all applicable provisions of 13:1E-1 et seq., including 13:1E-9,";

3. 40 C.F.R. 270.2, in the definition of "Interim Authorization," after section 3006(c) of RCRA," add "and all applicable provisions of 13:1E-1 et seq., including 13:1E-9, and implementing regulations";

4. Two changes are needed at 40 C.F.R. 270.10:

i. Applicants must comply not only with the requirements of this section, but also with the disclosure requirements at 13:1E-126 et seq., and implementing regulations, as well as the requirement for Environmental and Health Impact Statements at 7:26G-12.2,

ii. 40 C.F.R. 270.10(e)(3), after "Section 3008 of RCRA," add "and all applicable provisions of 13:1E-9 ";

5. 40 C.F.R. 270.12, replace " 40 C.F.R. Part 2 " with "N.J.A.C. 7:26G-16 "; in the sentence beginning "Any such claim", delete the phrase "on the application form or instructions or, in the case of other submissions, by stamping the words "confidential business information" on each page containing such information."

6. 40 C.F.R. 270.14(b)(19), after "A topographic map" add ", prepared in a manner and format consistent with N.J.A.C. 7:1D, Appendix A,";

7. 40 C.F.R. 270.14(b)(20), replace the phrase "his duties under other Federal laws as required in § 270.3 of this part" with "any duties he may have under federal laws cited in 40 C.F.R. 270.3 as well as his duties under New Jersey Statutes, including but not limited to The Wild and Scenic Rivers Act, N.J.S.A 13:8-45 et seq., The New Jersey Conservation and Historic Preservation Restriction Act, 23:2A-1 et seq., The Endangered Plant Species List, N.J.S.A. 13:1B-151 et seq., The Coastal Area Facility Review Act (CAFRA), 13:19-1 et seq., The Wetlands Act of 1970, N.J.S.A. 13:19A-et seq., The Freshwater Wetlands Protection Act, 13:9B-1 et seq., The Waterfront Development Law, 12:5-3 et seq., The Trails System Act 13:8-30 et seq., The Pineland Protection Act, 58:11-49 et seq., The Water Pollution Control Act and Clean Water Enforcement Act, 58:10A-1 et seq., The Flood Hazard Area Control Act, 58:16A-50 et seq., The Safe Drinking Water Act, 58:12A-1 et seq., and The Air Pollution Control Act, N.J.S.A. 26-2C et seq."

8. 40 C.F.R. 270.32(b)(2), after "section 3005 of this act," add "and all applicable provisions of 13:1E-1 et seq. and implementing regulations";

9. 40 C.F.R. 270.40, after the last sentence of subsection (b), add "(c) The change of ownership or operational control shall not occur until the Department issues approval to the new owner or operator in accordance with the requirements of 13:1E-133.";

10. 40 C.F.R. 270.70(a)(1), after "section 3010(a) of RCRA," add "or any comparable provisions of 13:1E-1 et seq., including 13:1E-9, and implementing regulations";

11. 40 C.F.R. 270.70(a)(1), in the Comment at the end of this paragraph, after "section 3010(a) of RCRA," add "and all provisions of 13:1E-1 et seq., and implementing regulations";

12. 40 C.F.R. 270.72(a)(5), after "Section 3008(h)," add "and all applicable provisions of 13:1E-9 and implementing regulations";

13. 40 C.F.R. 270.72(a)(4), after the last sentence of paragraph (4), add "The change of ownership or operational control shall not occur until the Department issues approval to the new owner or operator in accordance with the requirements of N.J.S.A. 13:1E-133.";

14. 40 C.F.R. 270.72(b)(2), after "section 3004(o)," add "and all applicable provisions of 13:1E-1 et seq., including 13:1E-9,";

15. 40 C.F.R. 270.72(b)(5), after "RCRA section 3008" add "and all applicable provisions of 13:1E-1 et seq., and implementing regulations";

16. 40 C.F.R. 270.72(b)(6), after "RCRA section 3004," add "and all applicable provisions of 13:1E-1 et seq., including 13:1E-9, and implementing regulations";

17. 40 C.F.R. 270.73, replace subsection (c) through (g) with the following: "Interim status can be terminated by the Department for failure to comply with interim status facility standards or violation of applicable statutes, regulations or orders, or if the activity of the facility endangers human health and the environment and cannot be regulated to acceptable levels."; and

18. 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 270 which are incorporated by reference, except at 40 C.F.R. 270.2.

(d) Universal waste handlers and universal waste transporters (as defined in 7:26G-4.2 ) managing universal wastes as defined in 7:26G-4.2 are not required to obtain a RCRA permit. These handlers are subject to regulation under N.J.A.C. 7:26A-7.

(e) Notwithstanding N.J.A.C. 7:26G-4.2, in the following definitions found at 40 C.F.R. 270.2 there shall not be a blanket substitution for terms such as Administrator, EPA, RCRA, Interim Authorization, or any other generally substituted term. These definitions are incorporated without change: Administrator, Approved program or approved state, Director, Environmental Protection Agency, EPA, Final Authorization, Permit, Major facility, Person, Regional Administrator, and State/EPA agreement.

(f) 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 designee: 40 C.F.R. 270.5, 270.10(e)(2), 270.10(f)(2) and (3) and (g)1 i and iii, 270.32(a) and (b)(2) and 270.11(a)(3).

(g) When used in the following Federal citations, the term "EPA" means the United States Environmental Protection Agency: 40 C.F.R. 270.5, 270.10(e)(2), 270.32(c), 270.51, 270.72(a)(5), 270.72(b)(5), 270.79, and 270.225 and note to 40 C.F.R. 270.10.

Notes

N.J. Admin. Code § 7:26G-12.1

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).
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), added a new 6 and recodified former 6 through 17 as 7 through 18; in (g), inserted "270.79, and 270.225 and note to 40 C.F.R. 270.10".
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"; in the introductory paragraph of (c), inserted "the" preceding "specified"; and in (c)6, updated the C.F.R. reference.