Introduction:

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

Disclaimer:

This information is provided as guidance only.  I recommend its use as a first step in the determination of the regulations of a state regulatory agency and/or as a review.  Always follow-up with research of the applicable state and federal regulations.  Don’t rely solely on this document to determine compliance with either State or Federal Regulations.  Contact the New Jersey Department of Environmental Protection (NJ DEP) for clarification of any information contained here.

Summary:

The state of New Jersey is authorized by the United States Environmental Protection Agency (USEPA) to manage and enforce the regulations of the Resource Conservation and Recovery Act (RCRA) within its borders.  New Jersey is one of two states with an authorized hazardous waste program that immediately adopts new RCRA regulations of the USEPA (the other is Pennsylvania).  Therefore the regulations for the management of hazardous waste in New Jersey will be very similar – but not the same – as those of the USEPA.  Differences between the regulations of the USEPA and NJ DEP include the identification of universal waste.

• Be sure to check with your state environmental agency to confirm compliance.
• Curious which states lack an authorized hazardous waste program? Read:  State Authorization Under RCRA.
• Curious about RCRA? Read:  History of the Resource Conservation and Recovery Act.

State Environmental Agency:

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

The Regulations:

A hazardous waste generator must comply with the regulations of their state if it has an authorized hazardous waste program.  State regulations are usually based largely on the Federal regulations of the USEPA, often incorporating them by reference or adopting them entirely.

• In New Jersey, statutes are implemented through rules that are codified in the New Jersey Administrative Code (the Code) (other states and the Federal government generally refer to their rules as “regulations”). The rules that are utilized by the Department of Environmental Protection and other environmental agencies are codified at Title 7 of the Code. State regulations for the management of hazardous waste are found in the Title 7, Chapter 26G of the New Jersey Administrative Code.
• Upcoming rule proposals, hearings, adoptions, and other information concerning amendments to the rules can be found by following the appropriate links on the NJDEP Rules & Regulations home page.
• Since November 5, 2007 the NJ DEP immediately adopts all new RCRA regulations upon their effective date in the federal regulations of the USEPA (7:26G-1.4 Incorporation by reference of the Code of Federal Regulations).
• Federal regulations for the management of hazardous waste are located in Title 40 of the Code of Federal Regulations (CFR), parts 239 to 299.

The Generator Improvements Rule in New Jersey:

The Generator Improvements Rule became effective at the Federal level on May 30, 2017.  It includes many changes to the regulations pertaining to hazardous waste generators.

• Some changes are more stringent than the existing regulations while some are less stringent (i.e. “reliefs”).
• Most states with an authorized hazardous waste program must proceed as follows:
• State must adopt the more stringent requirements of the new rule by July 1, 2018; or July 1, 2019 if a change to state law is necessary.
• State may – or may not – adopt the less stringent reliefs and those revisions that are considered to be equally stringent as existing regulations.
• As noted above the NJ DEP immediately adopts all RCRA regulations upon their adoption by the USEPA. Therefore, the new regulations of the Generator Improvements Rule have been in effect in New Jersey since May 30, 2017.
• Read more about the Generator Improvements Rule

Hazardous Waste Determination:

NJ DEP has adopted the Federal rule regarding the hazardous waste determination.  The requirements for the hazardous waste determination have been revised by the Generator Improvements Rule.  In general all hazardous waste generators must complete and document a hazardous waste determination for all waste they generate.

• Every generator of a solid waste must conduct a hazardous waste determination. This includes the very small quantity generator.
• A person who generates a solid waste must determine if that waste is a hazardous waste using the following method:
• Is it a solid waste? This determination may be affected by the 2015 Definition of Solid Waste Rule.
• Is it excluded from regulation?
• Is it a listed hazardous waste?
• Is it a characteristic hazardous waste?
• The hazardous waste determination may be completed using solely the knowledge of the generator (aka: knowledge-based) or the analysis of a representative sample (aka: analytical-based).
• Very few options for analysis exist for the determination of a listed hazardous waste.
• An analytical-based method for determinations is recommended – but not required – for a characteristic hazardous waste.
• The hazardous waste determination must be documented and a record kept for at least three years from the date the waste was last shipped 0ff-site for disposal or treatment.
• NJ DEP has the following additional requirements for the hazardous waste determination:
• NJ DEP requires a generator to use the services of a state-approved lab for the analysis of representative samples for the purpose of the 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.

Solid Waste:

A material becomes a solid waste when it is discarded.  A material is discarded when it is any one of the following as defined by Federal or state regulations:

• Abandoned
• Recycled
• Inherently waste-like
• Certain military munitions

Discarded materials are meant to include, but are not limited to, the following:

• Garbage, refuse, & sludge.
• Sludge means any solid, semi-solid, or liquid waste generated from a wastewater treatment plant, water supply treatment plant, or air pollution control facility.
• Garbage and refuse includes municipal solid waste.
• Materials thrown away, abandoned, or destroyed.
• Includes those intended to be thrown away, abandoned, or destroyed.
• Spent materials that have served their intended purpose.
• Includes those that might be recycled.
• Waste by-products from manufacturing:
• Tars, residues, slags, & others…

Status of the 2015 Definition of Solid Waste Rule in New Jersey:

The 2015 Definition of Solid Waste Rule (2015 DSW) was published in the Federal Register on January 13, 2015 and became effective at the Federal level on July 13, 2015.  The regulations created by this new rule have a significant impact on the exclusions available to a generator that recycles a hazardous secondary material.  The rule contains some provisions that are more stringent than existing regulations and must eventually be adopted by the states (e.g. the new definition of legitimate recycling at 40 CFR 260.43).  While other provisions, e.g. the remanufacturing exclusion for spent solvents at 40 CFR 261.4(a)(27), are less strict than existing regulation and are not mandatory for states to adopt.  Though states are encouraged to fully adopt this Federal rule they may not choose to do so.

As noted above, the NJ DEP immediately adopts all RCRA regulations upon their adoption by the USEPA.  Therefore, the new regulations of the 2015 Definition of Solid Waste Rule have been in effect in New Jersey since July 13, 2015.

• Learn more about the 2015 Definition of Solid Waste Rule.

Listed Hazardous Waste:

NJ DEP has adopted the Federal rule for the identification of listed hazardous waste.  The USEPA identifies four (4) types of listed hazardous waste.

• Non-specific sources (F001 – F039).
• A common type of F-listed hazardous waste are the spent organic solvents (F001-F005).
• Specific sources (K001 – K181).
• Discarded commercial chemical products, off-specification species, container residues, and spill residues thereof – toxic (U001 – U411).
• Discarded commercial chemical products, off-specification species, container residues, and spill residues thereof – acutely toxic (Poo1 – P205).

Characteristic Hazardous Waste:

NJ DEP has adopted the Federal Rule for the identification of characteristic hazardous waste.  The USEPA identifies four (4) types of characteristic hazardous waste.

• Ignitability (D001)
• Corrosivity (D002)
• Reactivity (D003)
• Toxicity (D004 – D043)

Other State-Specific Hazardous Waste:

NJ DEP has identified the following wastes for management as hazardous waste under its state-specific regulations.

• None

Non-Hazardous Waste:

Federal regulations do not contain requirements for a generator’s management of non-hazardous waste other than its disposal in an approved Treatment Storage or Disposal Facility (TSDF).  States are encouraged under Subtitle D of RCRA to create their own regulations for the management of non-hazardous waste.

NJ DEP identifies the following non-hazardous waste for additional regulation within New Jersey:

• Regulated medical waste: 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.

Exclusions from Regulation as Solid Waste and Hazardous Waste:

Federal regulations identify the following conditional exclusions from regulation.  States may choose not to adopt some or all of these conditional exclusions.

• Conditional exclusions from regulation as a solid waste at 40 CFR 261.4(a).
• Conditional exclusions from regulation as a hazardous waste at 40 CFR 261.4(b).

NJ DEP has adopted all of the above conditional exclusions from regulation.

One of the conditional exclusions from regulation is identified below.

Management of Solvent-Contaminated Wipes:

A 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).

As noted above, the NJ DEP immediately adopts all RCRA regulations upon their adoption by the USEPA.  Therefore, the regulations for the solvent wipe exclusion have been in effect in New Jersey since January 31, 2014.

Exempted Recyclable Materials:

NJ DEP has adopted the Federal rule for the identification of exempted recyclable materials.  USEPA regulations allow for an exemption from regulation for certain hazardous wastes if they are recycled in a specified manner.  States may choose not to adopt some or all of these exemptions.

Hazardous waste subject to alternative regulatory controls when recycled (i.e. partial exemption):

• Recyclable materials used in a manner constituting disposal.
• Materials utilized for precious metals recovery.
• Spent lead-acid batteries being reclaimed.
• Hazardous waste burned in boilers and industrial furnaces.

Hazardous waste that are not subject to hazardous waste regulation when recycled (i.e. full exemption):

• Industrial ethyl alcohol that is reclaimed.
• Scrap metal.
• Waste-derived fuels from refining processes.
• Unrefined waste-derived fuels and oils from petroleum refineries.

NJ DEP has made the following changes to the identification and management of exempted recyclable materials:

• None

Additional Exclusions:

NJ DEP has adopted the Federal rule for the following additional exclusions from regulation:

• Hazardous waste exempted from certain regulations (aka: the process unit exclusion).
• Samples for hazardous waste determination.
• Treatability study samples.
• Samples undergoing treatability studies at labs and testing facilities.
• Dredge material that is not a hazardous waste.
• Carbon dioxide stream injected for geologic sequestration.

Universal Waste:

NJ DEP has adopted the Federal Rule for the identification of universal waste.  Universal wastes are hazardous waste that may be managed under a reduced regulatory burden.  USEPA regulations identify four (4) types of universal waste.

• Lamps: a bulb or tube of an electric device designed to generate heat or light.  A universal waste lamp includes, but is not limited to, the following:
  • Fluorescent
  • High-Intensity Discharge or HID
  • High pressure sodium
  • Neon
  • Mercury vapor
  • Metal halide
  • More…
• Batteries: a device designed to receive, store, and deliver electric energy.  A universal waste battery includes, but is not limited to, the following:
  • Nickel-Cadmium or NiCad
  • Nickel/metal hydride
  • Gel or solid lead acid
  • Lithium ion or lithium metal
  • Mercury
  • Sodium
  • More…
  • NJ DEP also allows alkaline batteries to be managed as universal waste.
  • Liquid lead-acid batteries (e.g. auto battery) should not be managed as a universal waste but instead should be managed as an exempted recycled material (see above).
• Mercury-containing devices: a device or part of a device with elemental mercury integral to its function.  A universal waste mercury-containing device includes, but is not limited to, the following:
  • Thermostats
  • Thermometers
  • Switches or relays
  • Gauges
  • Monometers
  • More…
• Recalled or cancelled pesticides: this category of universal waste is limited solely to the following:
  • Stocks of cancelled or suspended pesticides that are collected as part of a government-mandated recall or one undertaken voluntarily by the manufacturer.
  • Stocks of unused pesticides that are collected and managed as part of a waste pesticide collection program.
  • Universal waste recalled or canceled pesticides does not include the pesticides a business has collected as part of its operations and wishes to discard, e.g. 5-gallon container of lawn herbicide, aerosol cans of wasp killer.

In addition, NJ DEP identifies the following as universal waste:

• Consumer electronics: any appliance used in the home or business that includes circuitry.  It includes the components and sub-assemblies that collectively make up the electronic products and may, when individually broken down, include the following:
  • Batteries
  • Mercury switches
  • Capacitors containing PCBs
  • Cadmium plated parts
  • Lead or cadmium containing plastics.
  • Examples: computers, printers, copiers, fax machines, VCRs, stereos, televisions, and telecommunication devices.
• Oil-based finishes: means any paint or other finish which exhibits a hazardous waste characteristic or contains a listed hazardous waste.  Examples of oil-based finishes include, but are not limited to, the following:
  • Oil-based paints, lacquers, and stains.
  • Aerosol paint cans

Used Oil:

NJ DEP has adopted the Federal rule for the identification of used oil.  A used oil is a hazardous waste that may be managed under a reduced regulatory burden if it meets the definition of a used oil and is managed and disposed of in the manner prescribed by regulation.  A used oil must be:

• 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.

Used oil may be:

• Oil-soaked rags or other absorbents (check with your used oil recycler).
• Oil-filled filters (check with your used oil recycler).
• Oil generated by spill or leak.
• Oil separated from wastewater, e.g. by oil skimmer.
• Oil that displays a characteristic of a hazardous waste.

Used oil must not be:

• Rags or other absorbents where all free-flowing oil has been removed.
• Oil filters that have been drained of all free-flowing oil.
• PCB oil. That is, oil that contains polychlorinated biphenyls (PCBs) in concentrations of equal to or greater than 50 ppm.
• Oil that is unused.
• Oil that is mixed with a permitted wastewater discharge.
• Oil that is presumed to be contaminated with chlorinated solvents where the presumption cannot be rebutted by the used oil generator.

NJ DEP has the following additional requirements for the identification of a used oil:

• None

Hazardous Waste Generator Status:

NJ DEP has adopted the Federal Rule for the determination of hazardous waste generator status. The counting of hazardous waste and the determination of hazardous waste generator status was revised by the regulations of the Generator Improvements Rule.  The amount of hazardous waste generated in a calendar month determines a facility’s hazardous waste generator status.  USEPA regulations identify three (3) hazardous waste generator status:

Large Quantity Generator:

• Generate ≥1,000 kg/mo hazardous waste, or;
• Generate >1 kg/mo acute hazardous waste, or;
• Generate >100 kg/mo acute hazardous waste spill residue or soil.

Small Quantity Generator:

• Generate >100 and <1,000 kg/mo hazardous waste.
• Generate ≤1 kg/mo acute hazardous waste, and;
• Generate ≤100 kg/mo acute hazardous waste spill residue or soil.

Very Small Quantity Generator:

• Generate ≤100 kg/mo hazardous waste, and;
• Generate ≤1 kg/mo acute hazardous waste, and;
• Generate ≤100 kg/mo acute hazardous waste spill residue or soil.

NJ DEP identifies the following additional hazardous waste generator status:

• None

Episodic Generator Status:

A generator may find that the amount of hazardous waste generated varies from month-to-month and with it, their hazardous waste generator status.  Under the new regulations created by the Generator Improvements Rule an SQG or VSQG may maintain their generator status during an episodic event under the following conditions.

• Episodic event may be planned or unplanned.
• Generator is limited to one episodic event per year. The generator may petition for a second event.  Second event must differ from first event, i.e. if first annual event is unplanned second event in same calendar year must be planned.
• Generator must notify NJ DEP thirty (30) days prior to a planned event.
• Generator must notify NJ DEP within 72 hours of an unplanned event.
• Event must be completed – including waste shipped off-site – within sixty (60) days.

In addition to the above a very small quantity generator (VSQG) managing an episodic event of hazardous waste generation must comply with the following:

• Obtain a US EPA identification number.
• Use the uniform hazardous waste manifest for the off-site transportation of the waste.
• Send the waste to a RCRA-permitted facility for treatment, storage, or disposal.
• Identify at least one emergency coordinator.
• Container or tank of hazardous waste must be in good condition and compatible with the waste.
• Container or tank must be kept closed except when adding or removing waste.
• In addition to other requirements label containers or tanks: “Episodic Hazardous Waste”
• Maintain records of episodic event as required by regulation.
• Read: Episodic Generation of Hazardous Waste for a VSQG.

In addition to the above a small quantity generator (SQG) managing an episodic event of hazardous waste generation must comply with the following:

• Continue to comply with regulations as a small quantity generator.
• In addition to other requirements label containers or tanks: “Episodic Hazardous Waste”
• Maintain records of episodic event as required by regulation.
• Read: Episodic Generation of Hazardous Waste for an SQG.

Facility Identification Number:

NJ DEP has adopted the Federal rule for the requirement for certain hazardous waste generators to obtain a USEPA identification number.  The identification number is fixed to a generator’s geographic location and not to its ownership or management.  An identification number is required for the following hazardous waste generator status:

• Large Quantity Generator of hazardous waste.
• Small Quantity Generator of hazardous waste.

NJ DEP has the following additional requirements for a facility identification number:

• NJ DEP does not have a 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 VSQGs. A VSQG 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 VSQG used one.

Training of Facility Personnel:

NJ DEP has adopted the Federal rule for an employer’s responsibility to provide training for all Hazardous Waste Personnel (aka:  Facility Personnel).  The training requirements have been revised by the Generator Improvements Rule.

• 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.
• VSQG RCRA Training – No training requirement, but still a good idea.  RCRA regulations applicable to a VSQG.

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. Per the Generator Improvements Rule online training (e.g. computer-based or electronic) is acceptable.
• 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 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.

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

Land Disposal Restrictions:

NJ DEP has adopted the Federal Rule at 40 CFR 268 regarding the land disposal restrictions.  The land disposal restrictions are treatment standards required prior to the disposal of certain hazardous waste of a large quantity generator and small quantity generator.  Its purpose is to ensure that – if necessary – hazardous waste are made less hazardous through some form of treatment before land disposal (hence, “land disposal restrictions”).

Generator responsibilities under the land disposal restrictions include:

• Determine hazardous waste codes. This will be accomplished in completion of the hazardous waste determination.
• Classify the hazardous waste by its hazardous waste codes. The land disposal restrictions identify two categories for each hazardous waste code:
  • Wastewater.  That is, <1% Total Organic Carbon (TOC) and <1% Total Suspended Solids (TSS).
  • Non-wastewater. Any applicable hazardous waste that is not a wastewater.
• Identify the treatment standard to be met based on its classification.
  • Treatment standards may be expressed as a concentration level to be met or a specific treatment technology that must be used.
• If it is a characteristic hazardous waste, generator will also have to determine the presence of Underlying Hazardous Constituents or those reasonably expected to be present at the point of generation above its Universal Treatment Standards. Underlying Hazardous Constituents and Universal Treatment Standards can be found at 40 CFR 268.48.
• Some hazardous waste because of their nature do not respond well to standard treatment efforts and are subject to alternative treatment standards:
  • Contaminated soil
  • Debris
  • Labpack waste
• Hazardous waste generator may choose not to determine the land disposal restrictions if determination is instead made by a RCRA-permitted Treatment, Storage, and Disposal Facility (TSDF).
• Hazardous waste generator must provide to the TSDF or initial transporter for the hazardous waste and retain a copy on-site for three years of either one of the following:
  • Certification that the hazardous waste meets the applicable treatment standards and does not require further treatment prior to land disposal.
  • Notification that the hazardous waste does not meet the applicable treatment standards and further treatment is necessary before land disposal.

NJ DEP has the following additional requirements regarding the Land Disposal Restrictions:

• None

Hazardous Waste Emergency Preparedness and Prevention:

NJ DEP has adopted the Federal rule for preparedness and prevention of a hazardous waste emergency at both a large quantity generator and small quantity generator of hazardous waste.  These regulations have been revised by the Generator Improvements Rule.

• Under the Generator Improvements Rule these regulations (formerly found at 40 CFR 265, Subpart C Preparedness and Prevention) are now located as follows:
  • 40 CFR 262, subpart M for large quantity generator.
  • 40 CFR 262.16(b)(8) for small quantity generator.

Requirements for both large quantity generator and small quantity generator include:

• Generator’s 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.
• Generator 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.
• Generator must ensure immediate access to emergency communication or alarm systems.
• Generator must ensure adequate aisle space to allow for unobstructed movement of personnel and equipment to any area of the facility in an emergency.
• Generator must attempt to designate its primary external emergency response agencies and attempt to make arrangements with them to respond in the event of an emergency. Per the Generator Improvements rule all such attempts must be documented.
• Per the Generator Improvements Rule, if appropriate the generator may attempt to make arrangements solely with the Local Emergency Planning Committee (LEPC) for their area.
• Facility must attempt to familiarize external emergency response agencies with the layout of its facility, the potential hazards, and other emergency response information. Per the Generator Improvements Rule all attempts must be documented.
• Under the Generator Improvements Rule the above requirements apply to hazardous waste accumulated in a Satellite Accumulation Area as well as the Central Accumulation Area.

NJ DEP has the following additional requirements for preparedness and prevention:

• None

Contingency Plan and Emergency Procedures:

NJ DEP has adopted the Federal rule for contingency plan and emergency procedures at a large quantity generator of hazardous waste.    These requirements apply solely to an LQG.  These regulations were revised by the Generator Improvements Rule.

• Formerly found at 40 CFR 265, Subpart D Contingency Plan and Emergency Procedures. Due to the Generator Improvements Rule these regulations are now located at 40 CFR 262, subpart M.
• 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.
• 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 contact information for emergency coordinators. Note:  Generator Improvements Rule no longer requires home address and phone number of emergency coordinators.
  • Per the Generator Improvements Rule the position title and phone number may be substituted for name of emergency coordinator if facility operates 24 hours/day.
  • 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.
  • After May 30, 2017 the Generator Improvements Rule requires updates to existing contingency plans or new contingency plans submitted by an LQG to include the quick reference guide.
• 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 NJ DEP within 15 days.

NJ DEP has the following additional requirements for the contingency plan:

• None

Reporting of Spills, Releases and Emergencies:

On-Site Management of Hazardous Waste for LQG and SQG:

NJ DEP has adopted the Federal Rule for the on-site management of hazardous waste with some state-specific modifications.  These regulations have been revised by the Generator Improvements Rule.  The regulations for 0n-site management of hazardous apply to both a large quantity generator and a small quantity generator of hazardous waste except as indicated below.

Hazardous waste may be accumulated in any of four accumulation units:

• Containers: any portable receptacle.
• Tanks: stationary, man-made materials, and designed to contain hazardous waste.
• Drip pads: unique to the wood-preserving industry.
• Containment buildings: an actual building with doors and windows provides containment for large bulky waste.

Note:  This document will address the on-site management of hazardous waste in containers.  Please contact me directly if you have questions about the on-site management of hazardous waste in any of the other three accumulation units.

Hazardous waste container:

• Containers managed to prevent rupture or leakage.
• 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.
• Incompatible hazardous waste must be separated.
• Containers must be marked with the following:
  • “Hazardous Waste”
  • Per the Generator Improvements Rule, some indication of the hazards of the waste, e.g. “Ignitable”.  Read:  Marking and Labeling of Hazardous Waste Accumulation Units Under the Generator Improvements Rule
  • Date of initial accumulation (unless managed in a Satellite Accumulation Area).
• Conduct weekly documented inspections of hazardous waste accumulation areas. Read:  Weekly Inspections of Hazardous Waste Accumulation Containers.  Also note the following:
• Weekly inspections must not be more than seven days apart.
• During inspection, must look for:
  • Leaking containers.
  • Deterioration of containers caused by corrosion or other factors.
• NJDEP highly recommends that a written inspection log be maintained, though it is not required.

NJ DEP has the following additional requirements for accumulation of hazardous waste containers at an LQG or SQG:

• 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.

On-site management of hazardous waste for large quantity generator only:

• Accumulate hazardous waste on-site for no more than 90 days. Accumulation of hazardous waste beyond this time requires a permit.  An extension of up to 30 days may be granted by NJ DEP if requested for extreme emergencies.
• Containers of Ignitable (D001) and Reactive (D003) hazardous waste must be more than fifty (50) feet from the facility property line. The Generator Improvements Rule now allows for an exception to this rule may be granted by the authority having jurisdiction (AHJ) over the fire code.
• RCRA air emission standards apply as follows:
  • Applicable to hazardous waste in containers with average VO (volatile organic) concentration at the point of waste origination of equal to or greater than 500 parts per million by weight (ppmw).
  • Not applicable to containers of ≤0.1 m3 (~26.4 gallons) or to hazardous waste in a satellite accumulation area.
  • Accumulate in container that meets UN standards for packaging used for transportation of hazardous material per USDOT regulations at 49 CFR 178.
  • Accumulate in container equipped with a cover and closure devices that form a continuous barrier over the container openings such that when the cover and closure devices are secured in the closed position there are no visible holes, gaps, or other open spaces into the interior of the container.
• Per the Generator Improvements Rule an LQG may receive hazardous waste consolidated from one or more very small quantity generators under the following conditions:
  • LQG and VSQG(s) must be under the control of the same person as that term is defined.
  • LQG must notify NJ DEP at least thirty (30) days prior to receiving first shipment from VSQG. Notification must be made using EPA Form 8700-12.
  • LQG must maintain records of shipments of hazardous waste from VSQG.
  • LQG must manage consolidated waste in compliance with regulations applicable to LQG.
  • Date of initial accumulation marked on hazardous waste container is the date it was received on-site.
  • Consolidated hazardous waste from VSQG(s) is not subject to Land Disposal Restrictions.
  • LQG must report receipt and off-site transportation of hazardous waste on biennial report.
  • Requirements for a VSQG to consolidate its hazardous waste at an LQG are in the section of this document for VSQG management of hazardous waste.

NJ DEP has the following additional requirements for the management of hazardous waste at an LQG:

• None

On-site management of hazardous waste for small quantity generator only:

• Accumulate hazardous waste on-site for no more than 180 days. Accumulation of hazardous waste beyond this time requires a permit.  An extension of up to 30 days may be granted by NJ DEP if requested for extreme emergencies.
• An SQG may accumulate hazardous waste on-site for up to 270 days if the Treatment, Storage, and Disposal Facility (TSDF) it must use is located more than 200 miles away. Approval is not required from NJ DEP in order to use this extension.
• At no time may an SQG accumulate more than 6,000 kg (13,228 lbs) of hazardous waste on-site.

NJ DEP has the following additional requirements for the management of hazardous waste at an SQG:

• None

Satellite Accumulation of Hazardous Waste:

NJ DEP has adopted the Federal Rule for the management of hazardous waste in satellite accumulation area.   The option to accumulate hazardous waste in a satellite accumulation area is available to both an LQG and SQG.  These regulations have been revised by the Generator Improvements Rule.

• 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 or 1 kilogram of acute hazardous waste in a single satellite accumulation area. The Generator Improvements Rule establishes a limit of 1 quart for liquid acute hazardous waste or 1 kilogram for a solid acute hazardous waste.
• NJ DEP allows for more than 55 gallons of hazardous waste in a single satellite accumulation area if each type of waste is maintained in a separate container. In that case each container must accumulate no more than 55 gallons of hazardous waste.
• No limit on number of satellite accumulation areas in a facility or the aggregate volume of hazardous waste maintained in satellite accumulation areas.
• Containers must be marked with the following:
  • “Hazardous Waste”
  • Per the Generator Improvements Rule, some indication of the hazards of the waste, e.g. “Ignitable”.
• 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 / 1 kilogram 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.

NJ DEP has the following additional requirements for the management of hazardous waste in a satellite accumulation area:

• It is the interpretation of NJ DEP that 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 Hazardous Waste by a very small quantity generator (VSQG)

NJ DEP has adopted the Federal rule for the management of hazardous waste by a very small quantity generator.  These regulations have been revised by the Generator Improvements Rule.

In order to maintain its status as a very small quantity generator of hazardous waste a VSQG must comply with the following:

• Complete the hazardous waste determination for all waste generated. While maintaining a record of the hazardous waste determination is not required, it is recommended.
• Do not accumulate ≥1,000 kg of hazardous waste on-site at one time. If so, the VSQG becomes subject to all of the requirements of a small quantity generator (SQG).
• Treat or dispose of hazardous waste on-site or ensure delivery to an off-site treatment, storage or disposal facility. Whether on-site or off, the TSDF must be one of the following:
  • Permitted by the USEPA to manage hazardous waste.
  • Authorized by a state to manage hazardous waste if that state has an authorized hazardous waste program under RCRA. This state authorization does not require a permit.  It could include a household hazardous waste collection site that is authorized by NJ DEP.
  • Permitted by a state to manage municipal solid waste.
  • Permitted by a state to manage non-municipal non-hazardous waste.
  • Beneficially uses or reuses, or legitimately recycles or reclaims its waste; or treats its waste prior to beneficial use or reuse, or legitimate recycling or reclamation.
  • For universal waste, a universal waste handler or destination facility subject to the requirements of part 273 of this chapter.
• The Generator Improvements Rule allows a VSQG to consolidate its hazardous waste at an LQG under the following conditions:
  • LQG and VSQG(s) must be under the control of the same person as that term is defined.
  • VSQG marks hazardous waste containers with the words “Hazardous Waste” and an indication of the hazards.
  • Requirements for an LQG to consolidate hazardous waste from a VSQG(s) are identified in the section of this document for LQG management of hazardous waste.

NJ DEP has the following additional requirements for the management of hazardous waste at a VSQG:

• None

On-Site Management of Universal Waste:

NJ DEP has adopted the Federal rule for the on-site management of universal waste.

• 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 handler may not treat, dispose, recycle, or dilute universal waste.
• Spills and leaks must be cleaned up immediately to prevent them from becoming a release.
• Universal waste must be labeled as one of the following:
  • “Universal Waste”
  • “Waste”
  • “Used”
• Except for universal waste lamps, containers for universal waste are required only if the universal waste shows evidence of leakage, spillage, or damage that could cause leakage under reasonably foreseeable condition.
• If a container is required for a universal waste (see above) it must be closed, structurally sound, and compatible with its contents.
• Universal waste lamps must be kept in closed containers.
• Universal waste may be accumulated on-site for no more than one year. However, NJ DEP allows the on-site accumulation of universal waste to exceed one year under the following conditions:
  • Handler is able to demonstrate (burden of proof is on the handler) that additional time is necessary in order to facilitate off-site disposal or recycling. g. After one year of on-site accumulation a 5-gallon container of universal waste batteries is only ½ full.  Therefore, more time is required to accumulate a full container which will then be shipped off-site for recycling.
• 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.

NJ DEP has the following additional requirements for the management of universal waste:

• Deliberate crushing of universal waste lamps precludes their management as universal waste and requires their management as a hazardous waste. In addition, handlers of universal waste that operate a bulk/lamp crushing machine must obtain an air permit from NJ DEP for its operation.
• Oil-based finishes must be managed in either its original or otherwise appropriate and labeled packaging.
• A handler of universal waste oil-based finishes shall not in any way process any oil-based finishes, to include but not limited to opening, prepackaging, blending, or filtering. A universal waste handler that wishes to process oil-based finishes shall apply for a Class D recycling center approval from NJ DEP.
• Containers or packages containing oil-based finishes shall be managed in an area equipped with a secondary containment system.

On-Site Management of Used Oil:

NJ DEP has adopted the Federal rule for the on-site management of used oil.  Requirements for used oil generators include:

• No on-site accumulation time limit.
• May be accumulated in tanks or containers.
• Tanks or containers must be labeled “Used Oil”.
• Spills and leaks must be cleaned up immediately.
• Used oil may not be used 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.
• Third party transporters of used oil (this does not include self-transport described above) must have a USEPA Identification Number.
• Read: What can you do with Used Oil?
• Though not recommended by NJDEP, a Very 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.
  • Here is a way to ensure used oil filters are completely drained of used oil

NJ DEP has the following additional requirements for the management of used oil:

• None

On-Site Management of Non-Hazardous Waste:

Federal regulations do not contain requirements for a generator’s management of non-hazardous waste other than its disposal in an approved Treatment Storage or Disposal Facility (TSDF).  States are encouraged under Subtitle D of RCRA to create their own regulations for the management of non-hazardous waste.

NJ DEP has the following additional requirements for the management of 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-approved or RCRA permitted facility.
• Generators of Regulated Medical Waste in New Jersey must comply with the following:
  • Register as generator of Regulated Medical Waste.
  • Store regulated medical waste safely & securely.
  • Label containers of regulated medical waste 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.

Use of the Uniform Hazardous Waste Manifest:

As of September 5, 2006, the uniform hazardous waste manifest (EPA Form 8700-22) and its continuation sheet (EPA Form 8700-22A) must be used in every state to track hazardous waste shipments from cradle-to-grave.  Since that date generators of hazardous waste in all states must complete and use the uniform hazardous waste manifest as required by Federal regulation.  Some variations between state and Federal regulations remain however, with some states mandating some or all of the following:

• Use of the uniform hazardous waste manifest for state-specific wastes that are not identified as hazardous per the Federal Rule.
• Entry of state-specific waste codes along with Federal hazardous waste codes in section 13 of the uniform hazardous waste manifest.
• More restrictive exception reporting.
• More extensive responsibilities under the waste minimization certification.
• Submittal of copies of the uniform hazardous waste manifest to the state environmental agency.

USEPA requires the use of the Uniform Hazardous Waste Manifest for both large quantity generators and small quantity generators of hazardous waste – but not VSQGs – without regard for state regulations.  It is the responsibility of the generator of the waste to ensure the manifest is obtained from a registered printer.

NJ DEP requires the following distribution of the Uniform Hazardous Waste Manifest after Transporter 1 signature:

• Copy 1: Facility designated on manifest to receive hazardous waste must submit this copy to their state environmental agency, if required. NJ DEP does not require this submittal.
• Copy 2: Facility designated on manifest to receive hazardous waste must submit this copy to the generator’s state environmental agency, if required. NJ DEP does not require this submittal.
• Copy 3: Facility designated on manifest to receive hazardous waste must submit this copy to the generator of the hazardous waste within a specified time-frame (refer to the requirements of the Exception Report below).
• Copy 4: This copy is kept by the facility designated on the manifest to receive the hazardous waste.
• Copy 5: This copy is kept by Transporter 1. If additional transporters are involved in the transport of the hazardous waste to the designated facility they must make copies of the manifest for their use.
• Copy 6: This copy is left with the generator of the hazardous waste after it is signed by Transporter 1. It may be discarded by the generator only after it receives copy 3.

NJ DEP has the following additional requirements for the use of the uniform hazardous waste manifest by hazardous waste generators.

• None

The Exception Report:

NJ DEP 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 it 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 NJ DEP if it 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 it has not received confirmation of delivery to the NJ DEP if it 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.
• Read more about The Exception Report.

NJ DEP has the following additional requirements for the Exception Report:

• None

The Waste Minimization Statement:

NJ DEP 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.”
• Read more about the Waste Minimization Mandate for Hazardous Waste Generators.

NJ DEP has the following additional requirements for the waste minimization certification:

• None

Off-Site Transportation of Hazardous Waste:

NJ DEP has adopted the Federal Rule for the requirements of a generator of hazardous waste when offered for transportation off-site.  These regulations have been revised by the Generator Improvements Rule.  None of the following applies to a very small quantity generator of hazardous waste; for the responsibilities of a VSQG refer to that section of this document.

• The hazardous waste transporter must have a USEPA Identification Number.
• The Treatment Storage and Disposal Facility (TSDF) must have a USEPA Identification Number.
• Before transporting or offering for transportation off-site the generator must ensure the hazardous waste is packaged in accordance with applicable U.S. Department of Transportation (DOT) regulations.
• Before transporting or offering for transportation off-site the generator must affix the HazMat Label(s) and marks required by DOT regulations.
• Before transporting or offering for transportation off-site the generator must mark containers of 119 gallons or less with the following:
  • “HAZARDOUS WASTE – Federal Law Prohibits Improper Disposal. If found, contact the nearest police or public safety authority or the U.S. Environmental Protection Agency.”
  • Generator’s Name and Address .
  • Generator’s EPA Identification Number .
  • Manifest Tracking Number .
  • Hazardous Waste Codes .  (Required by the Generator Improvements Rule)
• Before transporting or offering for transportation off-site the generator must placard or offer the appropriate placards to the initial transporter as required by DOT regulations.

NJ DEP has the following additional requirements for the off-site transportation of hazardous waste:

• None

Reporting:

NJ DEP has adopted the Federal Rule for reporting hazardous waste generation and management.

Notification of Regulated Waste Activity:

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

NJ DEP has the following additional requirements for the initial and subsequent notification of regulated waste activity:

• None

Biennial Hazardous Waste Report:

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

NJ DEP has the additional reporting responsibilities for hazardous waste generators of New Jersey:

• None

Recordkeeping:

NJ DEP has adopted the Federal rule for recordkeeping of documents demonstrating compliance with the RCRA regulations.  In general, an LQG or SQG must maintain copies of documents as a record for three years from its effective date.

• Read the Federal Rule for maintaining records of RCRA documents.

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.

Miscellaneous Requirements of the New Jersey Department of Environmental Protection:

• None

Sources of Additional Information:

• The Environmental Compliance Assistance Platform (ENVCAP)
• USEPA website: EPA in Your State
• Daniels Training Services website
• Daniels Training Services blog
• NJ DEP Hazardous Waste Generators and Transporters and Facilities. I suggest you begin with the summary and then select from the menu to the right for your topic of interest.
• Recycling information for business and industry
• Official copy of New Jersey hazardous waste regulations