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New Jersey Department of Environmental Protection Regulations for Hazardous Waste, Used Oil, and Universal Waste

New Jersey Department of Environmental Protection Regulations for Hazardous Waste, Used Oil, and Universal Waste

New Jersey Department of Environmental Protection Regulations for Hazardous Waste, Used Oil, and Universal Waste

A summary of the state regulations of New Jersey pertaining to the management of hazardous waste, universal waste, used oil, and non-hazardous waste.

This information is provided as guidance only.  Do not use to determine compliance with either State or Federal Regulations.  You must do your own research into the regulations to confirm compliance.

State Environmental Agency:

The New Jersey Department of Environmental Protection (NJDEP) is authorized by the USEPA to manage the regulations of the Resource Conservation and Recovery Act (RCRA) in New Jersey.

The Regulations:

State regulations for the management of hazardous waste are found in the Title 7, Chapter 26G of the New Jersey Administrative Code.

Hazardous Waste Generator Status:

New Jersey follows the Federal Rules for the definition of hazardous waste generator status:

  • Generate ≥1,000 kg/mo hazardous waste or >1 kg/mo acute hazardous waste or >100 kg/mo acute hazardous waste spill residue or soil = Large Quantity Generator of hazardous waste (LQG).
  • Generate >100 but <1,000 kg/mo hazardous waste = Small Quantity Generator of hazardous waste (SQG).
  • Generate ≤100 kg/mo hazardous waste and ≤1 kg/mo acute hazardous waste and ≤100 kg/mo acute hazardous waste spill residue or soil = Conditionally Exempt Small Quantity Generator of hazardous waste (CESQG).

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Facility Identification Number:

A Large Quantity Generator of hazardous waste and a Small Quantity Generator of hazardous waste in New Jersey must have a nine-digit USEPA identification number assigned by the NJDEP.  New Jersey does not have state identification numbers for hazardous waste generators.

The NJDEP used to have – but has no longer – what it identified as the “NJX” Program which was an optional notification program for CESQGs.  A CESQG that took part in the program was assigned a state identification number prefixed with “NJX”.  This “NJX number” could then be used in place of the USEPA Identification Number on the uniform hazardous waste manifest if the CESQG used one.

Universal Waste:

NJDEP follows the Federal Rule for the identification and management of universal waste.  There are two additional state-specific universal wastes in New Jersey.

  • Six (6) potential hazardous wastes may be managed as universal waste:
    • Lamps
    • Batteries
    • Mercury-containing devices
    • Recalled or cancelled pesticides

And…

  • Consumer electronics (specific to New Jersey).
  • Oil-based finishes (specific to New Jersey).
  • Four (4) types of universal waste facilities:
    • Small Quantity Universal Waste Handler
    • Large Quantity Universal Waste Handler
    • Universal Waste Destination Facility
    • Universal Waste Transporter
  • Universal waste may be accumulated on-site for no more than one year.
  • Universal Waste Handler must provide training for employees applicable to handler status.
    • Small Quantity Handler must “inform” employees who work with or around universal waste how to manage it in compliance with the regulations and how to respond to a universal waste spill, leak, or emergency.
    • Large Quantity Handler must “ensure” all employees who work with or around universal waste are “thoroughly familiar” with how to manage it in compliance with the regulations and how to respond to a universal waste spill, leak, or emergency.
  • Deliberate crushing of universal waste lamps precludes their management as universal waste and requires their management as a hazardous waste.

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Waste left behind at a closed Newark gas stationUsed Oil:

NJDEP follows the Federal Rule for the identification and management of used oil.

  • Definition of used oil:
    • Petroleum-based or synthetic.
    • Used and contaminated by that use.  NJDEP does not require used oil to be used.  Unused oil can be managed as used oil in New Jersey.
    • Destined for fuel-blending or recycling.
    • Cannot be contaminated with a listed hazardous waste.  Be especially cautious with any potential exposure to chlorinated solvents.
  • Management of used oil:
    • No on-site accumulation time limit.
    • May be accumulated in tanks or containers.
    • Tanks or containers must be labeled “Used Oil”.
    • Spills and leaks cleaned up immediately.
    • Cannot use for dust suppression.
    • May self-transport ≤55 gallons at a time in company owned vehicles to a registered collection site or another location owned by the generator.
    • Though not recommended by NJDEP, a Conditionally Exempt Small Quantity Generator of hazardous waste may mix their hazardous waste with used oil and continue to manage it as used oil.
  • Used oil filters should be hot-drained to where they are completely free of liquids.  They then may be recycled as scrap metal.  Federal exclusion from regulation for non-terne plated used oil filters.
Training of Facility Personnel:

New Jersey follows the requirements of the USEPA for training all Hazardous Waste Personnel (aka:  Facility Personnel).

  • LQG RCRA Training – Initial training (w/i 6 months) and annual review.  See below for a more thorough description of the RCRA Training requirements for Facility Personnel of an LQG.
  • SQG RCRA Training – Ensure all employees are “thoroughly familiar” with how to handle hazardous waste and how to respond to a hazardous waste emergency.
  • CESQG RCRA Training – No training requirement, but still a good idea.  RCRA regulations applicable to a CESQG.

Handlers of universal waste have responsibility for some form of training as well.  Refer to the Universal Waste portion of this document.

Training requirements for the Facility Personnel of a Large Quantity Generator of hazardous waste:
  • All Facility Personnel must be trained on the management of hazardous waste in a way that teaches them how to do their job in compliance with State and Federal regulations.
  • Training program may be classroom instruction or on-the-job training or a combination of the two.
  • Employer must ensure that the training program includes all the elements the training records indicate were addressed during training. In other words:  “Say what you do.  Do what you say!”
  • Training program must be directed by a person trained in hazardous waste management procedures.
  • Training program must include instruction which teaches Facility Personnel what they need to know in order to perform their job duties in compliance with State and Federal hazardous waste regulations. This includes responding to a hazardous waste emergency as described in the facility’s RCRA Contingency Plan.
  • At a minimum, the training program must ensure that Facility Personnel are able to respond effectively to emergencies.
  • Training must familiarize Facility Personnel with emergency procedures, emergency equipment, and emergency systems including where applicable:
    • Procedures for using, inspecting, repairing, and replacing emergency and monitoring equipment.
    • Key parameters for automatic waste feed cut-off systems.
    • Communications or alarm systems.
    • Response to fires or explosions.
    • Shutdown of operations.
  • Facility Personnel must successfully complete the program required within six months after the date of their employment or assignment or to a new position.
  • Untrained Facility Personnel must be directly supervised by trained and knowledgeable Facility Personnel until they receive training.
  • Facility Personnel must take part in an annual review of the initial training.

Training Services I provide for HazMat Employees & Hazardous Waste Personnel:

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Hazardous Waste Emergency Preparedness and Prevention:

NJDEP follows the USEPA regulations at 40 CFR 265, Subpart C Preparedness and Prevention, including:

  • The requirements of Subpart C apply to Large Quantity Generators and Small Quantity Generators of hazardous waste. They do not apply to a CESQG.
  • Facility must be maintained and operated in a manner to minimize the possibility of a fire, explosion, or unplanned release of hazardous waste or hazardous waste constituent.
  • Facility must provide the following equipment:
    • Internal emergency communication system or alarm.
    • A device capable of summoning emergency assistance from external agencies.
    • Fire suppression equipment.
    • Spill control equipment.
    • Decontamination equipment.
    • Water at adequate volume to supply fire suppression system.
  • All equipment must be tested and maintained as necessary.
  • Facility must ensure immediate access to emergency communication or alarm systems.
  • Facility must provide adequate aisle space to allow for unobstructed movement of personnel and equipment to any area of the facility in an emergency.
  • Facility must designate its primary external emergency response agencies.
  • Facility must attempt to familiarize external emergency response agencies with the layout of its facility, the potential hazards, and other emergency response information.
Contingency Plan and Emergency Procedures:

NJDEP follows the USEPA regulations at 40 CFR 265, Subpart D Contingency Plan and Emergency Procedures, including:

  • The requirements of Subpart D apply to a Large Quantity Generator of hazardous waste, but not to a Small Quantity Generator or a CESQG.
  • Facility must have a documented contingency plan designed to minimize hazards to human health and the environment from a fire, explosion, or unplanned release of a hazardous waste.
  • Some information available on-line seems to indicate that in New Jersey a Large Quantity Generator must incorporate hazardous waste emergencies into their SPCC Plan (a Spill Prevention Control and Countermeasure Plan required for some facilities under the Clean Water Act) if they have one. A conversation with Joe Mirabella of the hazardous waste division of the NJDEP on January 30, 2015 revealed that this is not true.  An LQG may maintain separate contingency plans and SPCC plans if they choose.  Though, an LQG has the option to combine several emergency response plans into one plan (see below).
  • Contingency Plan to include:
    • Description of actions facility personnel will take in the event of an emergency.
    • Arrangements to respond in an emergency agreed to by state and local emergency response agencies.
    • Name and address – office and home – of emergency coordinators.
    • List of all emergency equipment at the facility including its location, a physical description, and its capabilities.
    • Facility evacuation plan.
  • Contingency plan may be combined with other emergency response plans at the facility such as the Spill Prevention Control and Countermeasure (SPCC) Plan required for certain facilities by the Clean Water Act, and many others. This combined plan is known as the Integrated Contingency Plan or “One Plan”.
  • A copy of the contingency plan must be maintained at the facility and copies provided to local emergency response agencies.
  • Contingency plan must be reviewed and immediately amended if the facility changes, the regulations changes, or the plan fails in an emergency.
  • At least one facility employee must function as the emergency coordinator.
  • Responsibilities of the emergency coordinator:
    • Activate internal alarms or communication system.
    • Notify state or local agencies as necessary.
    • Identify the nature of any emergency.
    • Assess possible hazards to human health or the environment.
    • Make external notifications to local, state, and Federal agencies depending on the nature of the emergency.
    • Ensure the emergency does not spread or recur.
    • Monitor operations that may shut-down during the emergency to ensure there are no leaks, pressure build-ups, etc.
    • After the emergency, provide for disposal of any waste.
    • Ensure no incompatible material enters the contaminated area.
    • Ensure all emergency response equipment is restored to a useable condition.
    • Note in the operating record relevant information about the incident.
    • Submit a written report about the incident to the NJDEP within 15 days.
Reporting of Spills, Releases and Emergencies:
Facility Type Call the DEP Hotline…
ANY FACILITY (Except Drinking and Waste Water) Immediately (within 15 minutes) upon the discharge of any contaminant to the environment.
Drinking Water Facilities Within 6 hours of an emergency that affects waster quality or pressure.
Waste Water Facilities Within 2 hours of exceeding an effluent limit, discharging toxics or hazards not in a permit, experiencing an upset or bypass.
Uniform Hazardous Waste Manifest:

New Jersey, like every other state since September 5, 2006, requires use of the Uniform Hazardous Waste Manifest for the transportation of a hazardous waste.  Despite the nationwide use of a single manifest format, some states have kept their own specific requirements, including:

The Exception Report:

New Jersey follows the Federal Rule for the Exception Report.

  • A Large Quantity Generator of hazardous waste must contact the initial transporter or the Designated Facility identified on the Uniform Hazardous Waste Manifest if he has not received a copy of the manifest signed by the Designated Facility within 35 days of the date the manifest was accepted – and signed – by the initial transporter.
  • An LQG must submit an Exception Report to the NJDEP if he has not received a copy of the manifest signed by the Designated Facility within 45 days of the date the manifest was accepted – and signed – by the initial transporter.
  • A Small Quantity Generator of hazardous waste must submit a legible copy of the manifest with some indication he has not received confirmation of delivery to the NJDEP if he has not received a copy of the manifest signed by the Designated Facility within 45 days of the date the manifest was accepted – and signed – by the initial transporter.

The Waste Minimization Statement:

New Jersey follows the Federal Rule for the Waste Minimization Statement.

  • Reference is made to the Waste Minimization Statement (40 CFR 262.27) in the Generator’s/Offeror’s Certification in Section 15 of the Uniform Hazardous Waste Manifest. It reads:   “I certify that the waste minimization statement identified in 40 CFR 262.27(a) (If I am a large quantity generator) or (b) (if I am a small quantity generator) is true.”
  • The Waste Minimization Statement for a Large Quantity Generator of hazardous waste reads: “I am a large quantity generator. I have a program in place to reduce the volume and toxicity of waste generated to the degree I have determined to be economically practicable and I have selected the practicable method of treatment, storage, or disposal currently available to me which minimizes the present and future threat to human health and the environment;”
  • The Waste Minimization Statement for a Small Quantity Generator of hazardous waste reads: “I am a small quantity generator. I have made a good faith effort to minimize my waste generation and select the best waste management method that is available to me and that I can afford.”

NJDEP does not require the generator of a hazardous waste to submit copies of the uniform hazardous waste manifest to the NJDEP

Reporting:

Facilities are required to submit an Initial Notification of Regulated Waste Activity Form (Federal Form 8700-12) prior to beginning any of the following activities:

  • Large Quantity Generator or Small Quantity Generator of hazardous waste.
  • Hazardous waste transporter or transfer facility.
  • Hazardous Waste Treatment, Storage, or Disposal Facility.
  • Large Quantity Handler or Destination Facility for universal waste.
  • Hazardous waste recycler.
  • Transport, process, or re-refine used oil; burn off-spec used oil for energy recovery; or market used oil.
  • Eligible academic entity opting into 40 CFR 262, Subpart K.
  • Managing a hazardous secondary material.

Facilities are required to submit a Subsequent Notification of Regulated Waste Activity Form (Federal Form 8700-12) for any of the following activities:

  • Change to site contact or ownership.
  • Change to type of RCRA Subtitle C activity conducted.
  • An eligible academic entity opting into or out of regs for managing lab Haz Wastes at 40 CFR 262, Subpart K.
  • Change to management of hazardous secondary material.

Large Quantity Generators of hazardous waste (not SQGs or CESQGs) must submit the Biennial Hazardous Waste Report by March 1st of every even-numbered year for the previous calendar year.

Recordkeeping:

NJDEP follows the Federal Rule for maintaining records of RCRA documents.  In general, an LQG or SQG must maintain copies of documents as a record for three years from its effective date.

On-Site Management of Hazardous Waste in Containers:

New Jersey follows the Federal Rule for the on-site management of hazardous waste in containers.

  • Containers in good condition
  • Containers compatible with contents.
  • Containers kept closed except when adding or removing hazardous waste.
  • Hazardous waste or hazardous waste residue must not be present on the outside of the container.
  • Containers must be labeled:
    • “Hazardous Waste”
    • Date of initial accumulation, unless managed in a Satellite Accumulation Area pursuant to 40 CFR 262.34(c).
  • Containers must be inspected at least weekly to identify sign of deterioration or corrosion in the container or signs of spills or leakage.  NJDEP highly recommends that a written inspection log be maintained, though it is not required.

Additional information derived from a presentation of Stephan Szardenings of NJDEP on 6.26.14:

  • NJDEP recommends secondary containment for certain hazardous waste containers (identified below) in order to minimize the potential for breakage the consequences of breakage if it were to occur:
    • Liquid hazardous waste in glass containers stored on the floor.
    • All liquid hazardous waste in containers with a capacity of <4 liters, regardless of storage location.
  • NOTE:  In general, secondary containment is to be used as a means of preventing incompatibles from interacting in the event of breakage and/or spillage.  Hazardous waste are to be segregated by hazard class and stored in separate cabinets, trays, or pans.
  • NJDEP no longer condones the use of a conveyance container (e.g. a laboratory safety can) to move or convey hazardous waste from its point of generation to a 90/180 day storage container or a container in a Satellite Accumulation Area.

Contact me with any questions you may have about the transportation of hazardous materials or the management of hazardous waste

815.821.1550

Info@DanielsTraining.com

http://www.danielstraining.com/

Satellite Accumulation of Hazardous Waste:

NJDEP follows the Federal Rule at 40 CFR 262.34(c):

  • Limited to containers only, no tanks.
  • Container must be at or near point of generation of hazardous waste.
  • Container must be under the control of the operator of the process generating the hazardous waste.
  • No more than 55 gallons of hazardous waste or 1 quart of acute hazardous waste in a single satellite accumulation area.
  • No limit on number of satellite accumulation areas in a facility or the aggregate volume of hazardous waste maintained in satellite accumulation areas.
  • Container must be labeled with the words “Hazardous Waste” or some other description of the container contents, eg. “Paint Waste”.
  • May have more than one container in a single satellite accumulation area.
  • May have more than one type of hazardous waste in a single satellite accumulation area.
  • When 55 gallon or 1 quart volume threshold is reached, hazardous waste container must be immediately dated.  Generator is allowed three calendar days to move the hazardous waste container from the satellite accumulation area to the central accumulation area (aka:  90/180 day accumulation area).  Once moved to the central accumulation area, the generator may re-date the container and accumulate it on-site for the number of days appropriate for their hazardous waste generator status.
  • Container in satellite accumulation area must be kept closed except when adding or removing hazardous waste.  Container must be maintained in good condition.
  • Containers in satellite accumulation areas are not subject to the following:
    • Training requirements for facility personnel, though training is still highly recommended.
    • Weekly container inspections, though recommended.
    • RCRA air emission standards of 40 CFR 265, Subpart CC.
  • Hazardous waste managed correctly in a satellite accumulation area is not subject to on-site accumulation time limits.
  • Hazardous waste managed in a satellite accumulation area continues to be counted towards a generators hazardous waste generator status.

Additional information derived from a presentation of Stephan Szardenings of NJDEP on 6.26.14:

  • Hazardous waste containers that are connected to a laboratory apparatus or a piece of equipment, are not considered part of the process and are therefore subject to SAA requirements.
Management of Solvent-Contaminated Wipes:

NJDEP intends to adopt by reference the USEPA exclusion for solvent-contaminated wipes.

conditional exclusion for solvent-contaminated wipes from both Solid Waste & Hazardous Waste became effective in the Federal regulations of the USEPA on January 31, 2014.  States with authorized hazardous waste programs have the option to adopt the regulation as is or with its own modifications or to reject the conditional exclusion entirely (Status of Solvent Wipe Conditional Exclusion in Your State).

NJDEP adopted by reference the Federal Solvent Wipe Rule into the NJAC.  Therefore, New Jersey facilities should refer to the Federal Rule to determine compliance.

Use of State-Certified Labs for Hazardous Waste Determination:

Any lab – in or out of the state of New Jersey – used for the purpose of a hazardous waste determination for a New Jersey facility must be certified by the New Jersey Office of Quality Assurance (OQA).  More information about the OQA, the certified lab program, and a list of state-certified labs can be found on the OQA website:  NJDEP Office of Quality Assurance Laboratory Certification Program.

Non-Hazardous Waste:

In New Jersey, a non-hazardous industrial waste must be managed on-site in a manner that does not cause harm to the environment or create a nuisance.  In addition non-hazardous industrial waste must be disposed of in a state-approve or RCRA permitted facility.

What is identified as Regulated Medical Waste is very strictly regulated in New Jersey.  Regulated Medical Waste may be generated by what is commonly understood to be a “medical facility”, e.g.:  hospitals, veterinarians, tattoo and body piercing, &etc.  It also includes a non-medical facility, e.g. school, manufacturer, retail store, or other commercial business; that collects sharps (hypodermic needles) from its employees or customers.  A non-medical facility that has a “company nurse” may also be subject to regulation.  Generators of Regulated Medical Waste in New Jersey must comply with the following:

  • Register as generator of Regulated Medical Waste.
  • Store safely & securely.
  • Label w/ one of the following:
    • Medical Waste
    • Infectious Waste
    • Universal biohazard symbol
  • Store onsite ≤1 year.
  • Ship off-site as Regulated Medical Waste.
  • Recordkeeping & reporting requirements.

Do you have a question about some aspect of the New Jersey hazardous waste regulations that you don’t see here?  Please ask me.  I’m glad to help.

Daniels Training Services

815.821.1550

Info@DanielsTraining.com

http://www.danielstraining.com/