NJ DEPARTMENT of ENVIRONMENTAL PROTECTION
COMPLIANCE & ENFORCEMENT
County Environmental & Waste Enforcement
ENVIRONMENTAL REGULATION
Solid & Hazardous Waste Programs

Notice of Rule Proposal
Requirements for Rail Carriers that Transfer Non-containerized Solid Waste to or from Rail Cars

Public Notice
Take notice that the NJ Department of Environmental Protection (“Department”) is proposing amendments to the Solid Waste Regulations, N.J.A.C. 7:26-1 et seq. A statement of the substance of the proposal follows:   On October 16, 2008, President George W. Bush signed into law H.R. 2095 known as the Federal Railroad Safety Improvement Act (“Act”).  The Act expressly authorizes states to regulate and permit solid waste rail transfer facilities (other than facilities that only transfer containerized waste), with limits and qualifications as to the application of siting requirements for rail carrier transfer stations and the specific types of waste governed.   The Department proposes, therefore, to require a rail carrier that wishes to continue to operate a non-containerized rail carrier transfer station, to come into compliance with the Department’s solid waste facility permitting provisions at N.J.A.C. 7:26 2, solid waste planning at N.J.A.C. 7:26-6, and A-901 approval pursuant to N.J.A.C. 7:26-16. Proposed new N.J.A.C. 7:26-2.1(d) requires rail carriers that are operating under N.J.A.C. 7:26-2D.2(d) (proposed for deletion) to come into compliance with the aforementioned requirements within 180 days of the effective date of the amendments, a timeframe consistent with that established under the Federal legislation.  The Department is not proposing to amend the regulations regarding transfer of non-containerized waste, which will continue to be regulated under N.J.A.C. 7:26-2D.1(c).

The proposal is scheduled to be published in the New Jersey Register dated November 17, 2008.  A copy of the proposal(PDF) is available from the Department’s web site; official repository libraries; LexisNexis Customer Service at (800)223-1944; or www.lexisnexis.com/bookstore. Be advised that there may be a fee for obtaining a copy of the proposal from some sources.

A public hearing(s) concerning the proposal is scheduled as follows:

Monday, December 15, 2008 at 10:00 a.m. to noon
(or close of comments, whichever occurs first)
New Jersey Department of Environmental Protection
Public Hearing Room, 1st Floor
401 East State Street, Trenton, New Jersey 08625

Written comments may be submitted by January 16, 2009 to:

NJ Department of Environmental Protection
Leslie W. Ledogar, Esquire
ATTN: DEP Docket Number 18-08-10/698
Office of Legal Affairs
P.O. Box 402
Trenton, New Jersey 08625