New Jersey Hazardous Waste Determination: What you need to know

Governing Law and Regulations

Identification and classification rules: New Jersey Administrative Code (NJAC) 7:26G-5.1(a)

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Additional state rules: NJAC 7:26G-5.1(b) to 7:26G-5.1(f)

Regulatory Agency

New Jersey Department of Environmental Protection (DEP) Environmental Management Solid and Hazardous Waste Management Program

See ADDRESSES & CONTACTS for addresses and telephone numbers.

See national section for basic information and federal regulations.

Comparison: State vs. Federal

Rules. New Jersey has incorporated by reference the federal rules of 40 CFR 261 for identifying and classifying hazardous waste and does so "prospectively" and "as amended and supplemented" (NJAC 7:26G-5.1(a)). Consequently, New Jersey's hazardous waste identification and classification rules are current with the federal rules with the exception of Appendix IX to 40 CFR 261, which the state has not incorporated. This means that, for example, conditional exclusions from the definitions of solid and/or hazardous waste, such as those for solvent-contaminated wipes, cathode-ray tubes, and carbon dioxide streams in geological sequestration activities, are in effect in New Jersey. In addition, because the state adopted by reference the 2008 definition of solid waste (DSW) rule (concerning the recycling of hazardous secondary materials), the state adopts by reference the subsequent revised rule, the 2015 DSW. See the national section HAZWASTE DETERMINATION (CLASSIFICATION) for more information.

The state's additional hazardous waste identification and classification rules are in connection with substituting state terms and citations for federal terms and citations.

Administration and enforcement. The New Jersey Department of Environmental ...

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More on this topic:

Governing Law and Regulations
Regulatory Agency
Comparison: State vs. Federal
Guidance Document

State Requirements

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New Jersey Hazardous Waste Determination Resources

Hazardous Waste Determination Products

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