(a) Updates. The Commission, at least annually, after the date of promulgation of any new or revised federal hazardous waste regulations shall conduct rulemaking procedures with reference to this Chapter necessary to maintain a State Hazardous Waste Management Program equivalent to the federal program. Such new or revised federal regulations upon the date of their publication as final rules of the U.S. Environmental Protection Agency shall constitute minimum guidelines to the Commission and the Director in formulating rulemaking proposals to this Rule, and shall not be construed to limit or interfere with the adoption of provisions more stringent than federal regulations.

(b) Incorporations by Reference. The regulations listed immediately below, promulgated by the U.S. Environmental Protection Agency, are hereby adopted as provisions of this Chapter as though set forth herein line for line and word for word with the exception that all references therein to “Administrator”, “Regional Administrator”, “Director”, or “State Director” shall be considered references to the “Director of the Division of Environmental Quality”; and all references to the “U.S. Environmental Protection Agency” or “EPA” shall be considered references to the “Division of Environmental Quality,” except for the following: §§ 260.21(d), 260.22, 262.11(b), 262.25, 262 Subsection E, 262 Subsection F, 262 Subsection H, 264.12, 264.143(h), 264.147(h), 264.340(b)(1), 265.12, 265.147(b)(1)(i), 265.340(b)(1), 268.5, 268.6, 268.7(d), 268.13, 268.40(b), 268.42(b), 268.44, 270.3, 270.5, 270.11(a)(3), 270.32(c), 270.42(k)(2)(i), 270.51(a), 279.82(b), and 279.82(c). These sections shall retain the meaning of ‘U.S. Environmental Protection Agency,’ ‘EPA, Administrator,’ or ‘Regional Administrator.”’ All references elsewhere in this chapter to any of the following rules shall constitute a reference to the rule as herein adopted; and provided that the effective date of provisions adopted herein by reference as provisions of this Rule shall be the date such provisions are specified as being effective by the Commission in its rulemaking and the effective date of the federal regulations adopted herein shall have no bearing on the effective date of any provisions of this Rule.