NJDEP
Rule Proposal Notice

PUBLIC NOTICE
Take notice that the NJ Department of Environmental Protection (Department) is proposing the promulgation of new Electronic Waste Management rules at N.J.A.C. 7:26J, amendments to N.J.A.C. 7:26-2 and N.J.A.C. 7:26A-1, and the repeal of N.J.A.C. 7:26A-13.

This proposed rulemaking amends the electronic waste recycling program requirements to implement amendments to the Electronic Waste Management Act, N.J.S.A. 13:1E-99.95 et seq., which requires each manufacturer of covered electronic devices to provide for the collection, transportation, and recycling of its market-share-in-weight of all covered electronic devices collected in a program year. The Department proposes this rulemaking to ensure that the electronic waste management rules are consistent with the Electronic Waste Management Act, as amended, and to respond to a rulemaking petition filed by the Consumer Technology Association.

Because the Department proposes to establish the electronic waste recycling rules in a new chapter, N.J.A.C. 7:26J, the rulemaking includes the repeal of the existing rules at N.J.A.C. 7:26A-13, Electronic Waste Management, and conforming amendments in N.J.A.C. 7:26-2 and N.J.A.C. 7:26A-1. The rulemaking also includes penalty and noncompliance fee provisions.

The proposal is scheduled to be published in the New Jersey Register dated May 6, 2024. A copy of the proposal is available on the Department’s website at: https://dep.nj.gov/wp-content/uploads/rules/proposals/proposal-20240506a.pdf and LexisNexis free public access to the New Jersey Register at http://www.lexisnexis.com/hottopics/njoal/.

A public hearing concerning the proposal will be conducted virtually via the Department’s video conferencing software, Microsoft Teams on June 12, 2024, at 1:00

Please join the meeting from your computer, tablet, or smartphone.

Meeting ID: 283 878 367 516

You can also dial in using your phone (audio only)

Phone Conference ID: 389 895 327#

If you are interested in providing oral comments at the virtual public hearing, please email the Department at daniel.midgett@dep.nj.gov no later than 5:00 P.M. on June 10, 2024, with your contact information (name, telephone number, email address, and if applicable, the name of the organization on behalf of which you are speaking). You must provide a valid email address so the Department can send you an email confirming receipt of your interest to testify orally at the hearing and provide you with a separate option for a telephone call-in line if you do not have access to a computer or mobile device that can connect to Microsoft Teams.

Written comments are due by July 5, 2024. The Department encourages electronic submittal of comments. Written comments may be submitted electronically at https://dep.nj.gov/rules/rule-comment-form/. In the alternative, comments may be submitted on paper to:

Alice A. Previte, Esq.
ATTN: DEP Docket No. 02-24-04

NJ Department of Environmental Protection
Office of Legal Affairs
Mail Code 401-04L; PO Box 402
401 East State Street, 7th Floor
Trenton, NJ 08625-0402