[Federal Register Volume 63, Number 177 (Monday, September 14, 1998)]
[Notices]
[Pages 49119-49120]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-24607]
[[Page 49119]]
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ENVIRONMENTAL PROTECTION AGENCY
[FRL-6155-8]
State of New Jersey; Final Program Determination of Adequacy of
State Municipal Solid Waste Landfill Permit Program
AGENCY: Environmental Protection Agency.
ACTION: Notice of final determination of adequacy of New Jersey's
municipal solid waste landfill permit program.
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SUMMARY: On March 3, 1994, the State of New Jersey applied for a
partial program determination of adequacy of its municipal solid waste
landfill permit program under Section 4005 of the Resource Conservation
and Recovery Act (RCRA). This section requires States to develop and
implement permit programs that ensure that Municipal Solid Waste
Landfills (MSWLF) which may receive hazardous household waste or small
quantity generator waste are obligated to comply with the revised
Federal MSWLF Criteria (40 CFR Part 258). New Jersey submitted relevant
regulations that corresponded to all sections of 40 CFR Part 258 except
for Subpart E--Groundwater and Corrective Action Regulations. On
December 6, 1995, the State of New Jersey received final partial
program determination of adequacy for all portions of their municipal
solid waste landfill permit program with the exception of regulations
corresponding to Subpart E (60 FR 62,439-41).
Subsequent to that date, EPA redrafted the State Implementation
Rule (SIR) which provides procedures by which EPA will approve or
partially approve State landfill permit programs. While approvals are
not dependent upon final promulgation of the SIR, the States are
encouraged to use this document as a guideline in interpreting
requirements. Prior to final publication of the SIR, agency
determinations are made based on statutory authorities.
Section 239.11(e) of the SIR states that ``any partial approval
adequacy determination made by the Regional Administrator pursuant to
this section shall expire two years from the effective date of final
partial program adequacy determination unless the Regional
Administrator grants an extension''. The Regional Administrator first
granted the State of New Jersey a six month extension until June 7,
1998 to achieve full program approval for its MSWLF permit program, and
has granted a further extension until December 7, 1998 to account for
final processing of New Jersey's application. Copies of the letter from
the Regional Administrator granting those extensions have been sent to
parties that provided comments on the tentative partial program
determination of adequacy.
On February 3, 1998, the New Jersey Department of Environmental
Protection (NJDEP) submitted its revised New Jersey Pollutant Discharge
Elimination System regulations for municipal solid waste landfills,
N.J.A.C. 7:14, Subchapter 9: Ground Water Monitoring Requirements for
Sanitary Landfills. EPA reviewed these regulations and found them to be
consistent with the provisions of 40 CFR Part 258 Subpart E--Ground-
Water Monitoring and Corrective Action. Accordingly, EPA has determined
that the New Jersey solid waste landfill program is adequate in all
respects to comply with 40 CFR Part 258. All of the requirements and
obligations in the State's program are in effect as a matter of State
law, and EPA's determination does not impose any new requirements with
which the regulated community must begin to comply.
The full New Jersey application is on file and may be reviewed at
the regional EPA office in New York or alternatively at the offices of
NJDEP at 401 E. State St., Trenton, NJ. The contact for the State is
John Castner at 609-984-5950.
This rule will become effective without further notice in 60 days
unless the Agency receives relevant adverse comment or notice that
someone intends to submit a relevant adverse comment within 30 days.
Should the Agency receive such comments or notice, it will publish a
timely notice informing the public that this rule has not taken effect.
FINAL ACTION: New Jersey is granted full program determination of
adequacy for all areas of its municipal solid waste landfill permit
program. By this action, EPA is granting New Jersey full program
determination of adequacy for all parts of its municipal solid waste
landfill permit program.
EFFECTIVE DATE: The determination of adequacy for New Jersey shall be
November 13, 1998.
FOR FURTHER INFORMATION CONTACT: Lorraine Graves, U.S. EPA Region II
(2DEPP-RPB), 290 Broadway, New York, New York 10007-1866. Phone 212-
637-4099.
SUPPLEMENTARY INFORMATION:
Administrative Requirements
A. Executive Order (E.O.) 12866
The Office of Management and Budget has exempted this regulatory
action from E.O. 12866 review.
B. Certification Under the Regulatory Flexibility Act
Pursuant to the provisions of 5 U.S.C. 605(b), I hereby certify
that this final approval will not have a significant impact on a
substantial number of small entities. It does not impose any new
burdens on small entities. This notice, therefore, does not require a
regulatory flexibility analysis.
C. Unfunded Mandates Act
Under Section 202 of the Unfunded Mandates Reform Act of 1995, EPA
must prepare a budgetary impact statement to accompany any proposed or
final rule that includes a federal mandate that may result in estimated
costs to state or local governments in the aggregate, or to the private
sector, of $100 million or more. The EPA has determined that the
approval action being promulgated does not include a federal mandate
that may result in estimated costs of $100 million or more to either
state or local governments in the aggregate, or to the private sector.
This federal action approves preexisting requirements under state law,
and imposes no new requirements. Accordingly, no additional costs to
State or local governments, or to the private sector, result from this
action.
D. Executive Order 12875
E.O. 12875 is intended to develop an effective process to permit
elected officials and other representatives of state or local
governments to provide meaningful input in the development of
regulatory proposals containing significant unfunded mandates. Since
this final federal action approves preexisting requirements of state
law, no new unfunded mandates result from this action. See also the
discussion under C, above, Unfunded Mandates Act.
E. Executive Order 13045
E.O.13045, effective April 21, 1997, concerns protection of
children from environmental health and safety risks, and applies to
regulatory action that is ``economically significant'' in that such
action may result in an annual effect on the economy of $100 million or
more. The EPA has determined that the approval action being promulgated
will not have a significant effect on the economy. This federal action
approves preexisting requirements under state law, and imposes no new
requirements. Accordingly, E.O. 13045 does not apply to this action.
F. Congressional Review Act
Under 5 U.S.C. Section 801(a)(1)(A), as added by the Small Business
[[Page 49120]]
Regulatory Enforcement Fairness Act of 1996, EPA submitted a report
containing this action and other required information to the U.S.
Senate, the U.S. House of Representatives and the Comptroller General
of the General Accounting Office prior to publication of this action in
today's Federal Register. This action is not a ``major rule'' as
defined by 5 U.S.C. Section 804(2).
Authority: This notice is issued under the authority of Section
4005 of the Solid Waste Disposal Act, as amended, 42 U.S.C. 6946.
William J. Muszynski,
Acting Regional Administrator, Region II.
[FR Doc. 98-24607 Filed 9-11-98; 8:45 am]
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