New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 26G - HAZARDOUS WASTE › Subchapter 4 - HAZARDOUS WASTE MANAGEMENT SYSTEM: GENERAL › Section 7:26G-4.1 - Incorporation by reference

Current through Register Vol. 56, No. 14, July 15, 2024
(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."