Comparison of State and Federal Hazardous Waste Rules
General Summary (find a description of Federal Rules here).
New Jersey generally follows the federal rules for hazardous waste management and also has more stringent state requirements.
1. Do I need an EPA ID number to handle hazardous wastes
in New Jersey?
In New Jersey, use the EPA Form 8700-12: Notification of Regulated Waste Activity Forms and Instructions, to determine if you are subject to the requirements under the Resource Conservation and Recovery Act (RCRA) for notifying the State of New Jersey of your regulated waste activities. Send your completed form(s) to the designated contact listed in the instructions. The NJDEP offers an alternative, voluntary notification program for conditionally exempt small quantity generators. The "NJX" number program - is open to places of business which do not generate in any calendar month more than 100 kilograms of non-acutely hazardous wastes; 1 kilogram of acutely hazardous waste; or 100 kilograms of any residue or contaminated soil waste or debris resulting from the cleanup of a spill of any acute hazardous waste. In order to obtain an NJX number for your business, you must complete an NJX Program application form. These forms are available from NJDEP's Bureau of Hazardous Waste Regulation. You can obtain an application form by calling 609-292-7081. Completed application forms should be mailed to New Jersey Department of Environmental Protection, Division of Solid & Hazardous Waste, Bureau of Hazardous Waste Regulation, CN 421 Manifest Section, Trenton, New Jersey 08625-0421.
2. How do I determine my generator status?
New Jersey follows the federal rules for defining generator status. A voluntary notification program is available for CESQG's. They can apply for an "NJX" number and this number can be used on a manifest if the CESQG uses a manifest.
3. How can I tell if the waste materials I handle are considered
New Jersey follows the federal rules for defining hazardous wastes.The only differences in the state's added hazardous waste identification and classification rules relate to substituting state terms and citations for federal terms and citations.
4. How long can I store hazardous wastes on site?
New Jersey follows the federal rules for storing hazardous wastes.
5. Who can transport and receive the wastes I ship off site?
New Jersey follows the federal rules for shipping hazardous wastes to a TSD.New Jersey has not adopted the federal rule for hazardous waste transporters in regard to transporters who store waste. There are additional state transporter rules in regard to licensing; registration; fees; discharge notification and DEP vehicle inspections.
6. What records do I have to keep?
New Jersey follows the federal rules for recordkeeping.
7. Do I have to file reports?
New Jersey follows the federal rules for reporting.LQGs must submit their biennial reports on DEP-approved forms.LQG's must contact the transporter and/or the designated facility if they have not received a copy of the manifest within 35 days of the date of shipment. New Jersey also requires the LQG to contact DEP at 609-292-7081 to inform DEP of the situation.
8. What training requirements do I have to meet?
New Jersey follows the federal rules for training.
9. What differences between states may exist with regard to use of the the new standardized manifest form?
As of September 5, 2006, the new standardized manifest form (EPA Form 8700-22) and its continuation sheet (EPA Form 8700-22A) must be used in every state to track hazardous waste shipments. There will be no state variations of the new federal form and states may not require information to be included on the form that is in addition to that required by federal rules. That said, some differences between states may exist with regard to use of the form. For New Jersey these differences include:
Additional Wastes: None.
In view of the fact that the generator copies (Copy 6 and Copy 7 of the current DEP form) are not part of the new Federal manifest, effective September 5, 2006, these copies will not be required to be submitted to the Department. LQGs must also contact DEP at 609-292-7081 to inform the Department if the manifest has not been received from the designated facility within 35 days of the date of shipment. Generators must pay DEP a manifest-processing fee of $10 per manifest. CESQG's are exempt from this requirement.
Other Notes, Comments::
At present, the Department's hazardous waste regulations require copies of the TSDF to Destination State and TSDF to Generator State (copy 1 and 2, respectively) to be postmarked by the next business day. The Department intends to revise this provision in a future rulemaking to allow these copies to be postmarked within 10 days of waste receipt.
10. What are some other differences between federal and state
LQGs must comply with stricter state rules in regard to the preparation and implementation of contingency plans. All containers of 119 gallons or less must be marked in accordance with federal container marking regulations.New Jersey requires the following language on containers: HAZARDOUS WASTEFederal and/or State Law Prohibits Improper Disposal. If found, contact the nearest police or public safety authority or the U.S. Environmental Protection Agency or the New Jersey Department of Environmental Protection. The Generator's Name and Address and the State Manifest Document Number must be listed also.New Jersey has stricter rules regarding manifest forms, form completion and distribution. The state has developed a "waste code hierarchy" that explains which waste codes are to be listed in Items I and J of the manifest when a waste can be described by more than one hazardous waste code. New Jersey has very strict processes for the actions that generators must take if all or part of a shipment of hazardous waste is rejected by a TSDF, or, if the transporter cannot deliver a shipment of hazardous waste to the TSDF designated on the manifest. Hazardous waste generators must pay fees for biennial reporting, inspections, manifest processing, and hazardous waste classification and delisting fees. LQGs that file a Form R under the community right-to-know rules must comply with the state's pollution prevention rules.
- Frank Coolick, Director, Division of Solid and Hazardous Waste, 609-984-6880