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) and NJAC 7:26G-6.1(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) Division of Solid and Hazardous Waste Bureau of Recycling and Hazardous Waste Management

See national section for basic information and federal regulations.

Comparison: State vs. Federal

Rules. New Jersey incorporates by reference the U.S. Environmental Protection Agency's (EPA) Hazardous Waste Generator Improvements Rule (New Rule), effective on the federal level and in New Jersey as of May 30, 2017. The New Rule now includes more information as to what constitutes "generator knowledge" and expands the information that must be included in records supporting a generator's hazardous waste determinations. See the national section HAZARDOUS WASTE DETERMINATION for detailed information.

In addition, because New Jersey incorporates 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)), 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 ...

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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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This special report contains a recordkeeping checklist to help you keep track of your records for major environmental laws and OSHA’s Hazard Communication Standard.

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