Under N.J.A.C. 7:26A-6.7, a used oil transfer facility that stores used oil for more than how many days becomes subject to regulation as a used oil processor?
A. 90 days
B. 10 days
C. 180 days
D. 35 days
Show answer and reasoning
Correct answer: D. 35 days
N.J.A.C. 7:26A-6.7 treats a used oil transfer facility that stores used oil for more than 35 days as subject to regulation as a used oil processor, with the more extensive standards that classification carries.
- A: 90 days is the LQG hazardous waste accumulation window under N.J.A.C. 7:26G-6, an unrelated standard from the used oil transfer facility storage-duration trigger.
- B: 10 days is the hazardous waste transfer-facility commingling window under N.J.A.C. 7:26G-7.4, not the used oil transfer facility processor-status trigger.
- C: 180 days is the SQG hazardous waste accumulation window, not the used oil transfer facility storage-duration threshold.
Source: N.J.A.C. 7:26A-6.7
NJDEP's hazardous waste regulations implementing RCRA for generators, transporters, and facilities are codified at which chapter of the New Jersey Administrative Code?
A. N.J.A.C. 7:26G
B. N.J.A.C. 7:14A
C. N.J.A.C. 7:9-6
D. N.J.A.C. 7:1E
Show answer and reasoning
Correct answer: A. N.J.A.C. 7:26G
N.J.A.C. 7:26G-1 et seq. is NJDEP's hazardous waste chapter, adopted in 1996 and covering generator, transporter, and facility standards under the state's authorized RCRA program.
- B: N.J.A.C. 7:14A governs New Jersey's Pollutant Discharge Elimination System (water discharge permits), not hazardous waste generator requirements.
- C: N.J.A.C. 7:9-6 addresses groundwater quality standards, not the hazardous waste generator program.
- D: N.J.A.C. 7:1E addresses discharges of petroleum and other hazardous substances under the Spill Compensation and Control Act framework, a related but separate program from the RCRA-based hazardous waste rules in Chapter 26G.
Source: N.J.A.C. 7:26G-1 et seq.
How does NJDEP incorporate federal hazardous waste standards from 40 C.F.R. Parts 124, 260-266, 268, and 270 into N.J.A.C. 7:26G?
A. By re-enacting a fixed 1993 federal text that never updates again
B. By prospective incorporation by reference, so the cited federal parts continue to update automatically as EPA amends them
C. NJDEP does not incorporate any federal hazardous waste standards into its own rules
D. Only through a brand-new state rulemaking proceeding every time EPA changes a federal hazardous waste rule
Show answer and reasoning
Correct answer: B. By prospective incorporation by reference, so the cited federal parts continue to update automatically as EPA amends them
Effective January 19, 1999, NJDEP amended N.J.A.C. 7:26G to use prospective incorporation by reference, meaning the referenced federal parts automatically stay current with EPA's amendments without a separate state rulemaking for each change.
- A: The original 1996 adoption did incorporate the July 1, 1993 version of the federal rules, but that static approach was superseded, so this no longer describes how the chapter operates.
- C: NJDEP's hazardous waste chapter is built substantially on incorporating the federal RCRA regulations by reference, with New Jersey-specific provisions layered on top, so this option misstates the chapter's structure entirely.
- D: The 1999 amendment specifically eliminated the need for a new rulemaking each time the federal rule changes, which is the point of prospective incorporation by reference.
Source: N.J.A.C. 7:26G-1.2 (incorporation by reference of 40 C.F.R. Parts 124, 260-266, 268, 270)
Under what federal legal authority did EPA authorize NJDEP to administer New Jersey's hazardous waste program in lieu of the federal RCRA program?
A. RCRA Section 3006 (42 U.S.C. § 6926)
B. Clean Water Act Section 402
C. CERCLA Section 107
D. The Toxic Substances Control Act
Show answer and reasoning
Correct answer: A. RCRA Section 3006 (42 U.S.C. § 6926)
RCRA Section 3006 is the statutory provision that lets EPA authorize a state hazardous waste program to operate in lieu of the federal program once the state demonstrates equivalent or more stringent standards, and EPA granted New Jersey that authorization (documented at 50 Fed. Reg. 5260, 1985).
- B: Clean Water Act Section 402 governs the NPDES water discharge permit program, an entirely different statute from RCRA's hazardous waste authorization scheme.
- C: CERCLA Section 107 establishes liability for cleanup costs at contaminated sites under Superfund, not state program authorization for hazardous waste generator regulation.
- D: The Toxic Substances Control Act governs chemical substance review and regulation, not the RCRA state authorization mechanism used to hand hazardous waste program administration to NJDEP.
Source: RCRA Section 3006, 42 U.S.C. § 6926; see 50 Fed. Reg. 5260 (1985)
Which agency has primary day-to-day authority to inspect hazardous waste generators and enforce N.J.A.C. 7:26G within New Jersey?
A. NJDEP
B. U.S. EPA Region 2 exclusively, with no state role
C. The New Jersey Department of Health
D. County health departments acting independently of NJDEP
Show answer and reasoning
Correct answer: A. NJDEP
Because EPA authorized New Jersey's hazardous waste program under RCRA Section 3006, NJDEP is the agency that administers and enforces N.J.A.C. 7:26G, inspecting generators and pursuing violations.
- B: EPA Region 2 retains oversight and can act in limited circumstances, but day-to-day inspection and enforcement of the authorized state program is NJDEP's role, not EPA's exclusively.
- C: The New Jersey Department of Health handles public health matters such as medical facility licensing, not the hazardous waste generator program, which sits with NJDEP.
- D: County health departments may support certain environmental functions locally, but they do not independently administer or enforce New Jersey's authorized hazardous waste program in place of NJDEP.
Source: N.J.A.C. 7:26G-1.1
