[Federal Register Volume 59, Number 41 (Wednesday, March 2, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-4651]
[[Page Unknown]]
[Federal Register: March 2, 1994]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 233
[FRL-4834-2]
New Jersey Department of Environmental Protection and Energy
Section 404 Permit Program Approval
AGENCY: Environmental Protection Agency.
ACTION: Final rule; approval of State program.
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SUMMARY: The State of New Jersey has submitted an application under
section 404(g) of the Clean Water Act for the approval of a program to
regulate the discharge of dredged or fill material into certain waters
of the United States within the State. After careful review of the
application and comments received from the public, the Agency has
determined that the State's program to regulate discharges of dredged
or fill material meets the requirements of section 404(h) of the Act.
Therefore, this application is approved.
EFFECTIVE DATE: This approval will become effective at 1 p.m. eastern
daylight time on March 2, 1994. The incorporation by reference of
certain publications listed in this approval is approved by the
Director of the Federal Register, as of 1 p.m. on March 2, 1994, in
accordance with 5 U.S.C. 552(a).
FOR FURTHER INFORMATION CONTACT: Mario Del Vicario, Chief, Marine &
Wetlands Protection Branch, Water Management Division, U.S.
Environmental Protection Agency, Region II, 26 Federal Plaza, New York,
NY 10278 or by telephone at (212) 264-5170. Copies of EPA's
responsiveness summary are available from the above address.
SUPPLEMENTARY INFORMATION: The Federal Clean Water Act (33 U.S.C. 1251
et seq., hereinafter the ``CWA'') established the section 404 Permit
Program, under which the Secretary of the Army, acting through the
Chief of Engineers of the U.S. Army Corps of Engineers (Corps), may
issue permits for the discharge of dredged or fill material into waters
of the United States at specified disposal sites. Section 404(g) of the
CWA provides that the Governor of any state desiring to administer its
own individual and general permit program for the discharge of dredged
or fill material into waters of the United States (other than those
waters which are presently used, or are susceptible for use in their
natural condition or by reasonable improvement as a means to transport
interstate or foreign commerce shoreward to the ordinary high water
mark, including all waters which are subject to the ebb and flow of the
tide shoreward to their mean high water mark, or mean higher high water
mark on the west coast, including wetlands adjacent thereto) within its
jurisdiction may submit to the Administrator of the USEPA a full and
complete description of the program it proposes to establish and
administer under State law, including a statement from the State
Attorney General that the laws of the State provide adequate authority
to carry out the described program. The Administrator is required to
approve such submitted program unless the program does not meet the
requirements of Section 404(h) of the CWA. Among other authorities, the
State must have:
(1) Adequate authority to issue permits which comply with all
pertinent requirements of the CWA, including the guidelines developed
under section 404(b)(1); (2) adequate authority, including civil and
criminal penalties, to abate violations of the permit or the permit
program; and (3) authority to ensure that the Administrator, the
public, any other affected State, and other affected agencies, are
given notice of each application for permit and are provided an
opportunity for a public hearing before a ruling on each such
application. The regulations establishing the requirements for the
approval of the 404 Permit Programs were published at 53 FR 20764 on
June 6, 1988 (40 CFR parts 232 and 233).
On June 15, 1993 the State of New Jersey completed the submission
of an application under section 404(g) for EPA approval of a program
administered by the New Jersey Department of Environmental Protection
and Energy (NJDEPE) to regulate the discharge of dredged or fill
material into waters of the United States within the State. On July 9,
1993 EPA published notice of its receipt of the application, requested
public comments, and scheduled three public hearings on the State's
submission (FR Doc. 93-16307). The public hearings were held throughout
the state on August 10, 11, and 12, 1993.
After careful review of this application, I have determined that
the State of New Jersey's Program submitted by the NJDEPE to regulate
discharges of dredged or fill material meets the requirements of
section 404(h) of the CWA, and hereby approve it. The effect of this
approval is to establish this program as the applicable regulatory
program under the CWA for discharges of dredged or fill material into
waters of the United States in New Jersey that are not presently used,
or susceptible for use in their natural condition or by reasonable
improvement as a means to transport commerce shoreward to the ordinary
high water mark, including wetlands adjacent thereto.
Since this approval, in large part, simply ratifies State
regulations and requirements already in effect under State law, EPA is
publishing this approval, effective immediately. This will enable New
Jersey to begin immediately regulating discharges of dredged or fill
material under the Federally approved program.
List of Subjects in 40 CFR Part 233
Environmental protection, Administrative practice and procedure,
Incorporation by reference, Intergovernmental relations, Water
pollution control.
Dated: January 25, 1994.
William J. Muszynski,
Acting Regional Administrator.
For the reasons set forth in the preamble, chpater I, title 40 of
the Code of Federal Regulations is amended as follows:
PART 233--404 STATE PROGRAM REGULATIONS
1. The authority citation for part 233 is revised to read as
follows:
Authority: 33 U.S.C. 1251 et seq.
Subpart H--Approved State Programs
2. Part 233 is amended by adding Sec. 233.71 to subpart H to read
as follows:
Sec. 233.71 New Jersey.
The applicable regulatory program for discharges of dredged or fill
material into waters of the United States in New Jersey that are not
presently used, or susceptible for use in their natural condition or by
reasonable improvement as a means to transport interstate or foreign
commerce shoreward to the ordinary high water mark, including wetlands
adjacent thereto, except those on Indian lands, is the program
administered by the New Jersey Department of Environmental Protection
and Energy, approved by EPA, pursuant to section 404 of the CWA. The
program becomes effective March 2, 1994. This program consists of the
following elements, as submitted to EPA in the State's program
application:
(a) Incorporation by reference. The requirements set forth in the
State statutes and regulations cited in paragraph (b) of this section
are hereby incorporated by reference and made a part of the applicable
404 Program under the CWA for the State of New Jersey, for
incorporation by reference by the Director of the Federal Register in
accordance with 552(a) and 1 CFR part 51. Material is incorporated as
it exists at 1 p.m. on March 2, 1994 and notice of any change in the
material will be published in the Federal Register.
(b) Copies of materials incorporated by reference may be inspected
at the Office of the Federal Register, 800 North Capitol Street, NW.,
suite 700, Washington, DC. Copies of materials incorporated by
reference may be obtained or inspected at the EPA OUST Docket, 401 M
Street, SW., Washington, DC 20460, and at the Library of the Region 2
Regional Office, Federal Office Building, 26 Federal Plaza, New York,
NY 10278.
(1) New Jersey Statutory Requirements Applicable to the Freshwater
Wetlands Program, 1994.
(2) New Jersey Regulatory Requirements Applicable to the Freshwater
Wetlands Program, 1994.
(c) Other laws. The following statutes and regulations, although
not incorporated by reference, also are part of the approved State-
administered program:
(1) Administrative Procedure Act, N.J.S.A. 52:14B-1 et. seq.
(2) New Jersey Uniform Administrative Procedure Rules, N.J.A.C.
1:1-1.1 et. seq.
(3) Open Public Meetings Act, N.J.S.A. 10:4-6 et. seq.
(4) Examination and Copies of Public Records, N.J.S.A. 47:1A-1 et.
seq.
(5) Environmental Rights Act, N.J.S.A. 2A:35A-1 et. seq.
(6) Department of Environmental Protection (and Energy), N.J.S.A.
13:1D-1 et. seq.
(7) Water Pollution Control Act, N.J.S.A. 58:10A-1 et. seq.
(d) Memoranda of agreement. The following memoranda of agreement,
although not incorporated by reference also are part of the approved
State administered program:
(1) The Memorandum of Agreement between EPA Region II and the New
Jersey Department of Environmental Protection and Energy, signed by the
EPA Region II Acting Regional Administrator on June 15, 1993.
(2) The Memorandum of Agreement between the U.S. Army Corps of
Engineers and the New Jersey Department of Environmental Protection and
Energy, signed by the Division Engineer on March 4, 1993.
(3) The Memorandum of Agreement between EPA Region II, the New
Jersey Department of Environmental Protection and Energy, and the U.S.
Fish and Wildlife Service, signed by all parties on December 22, 1993.
(e) Statement of legal authority. The following documents, although
not incorporated by reference, also are part of the approved State
administered program:
(1) Attorney General's Statement, signed by the Attorney General of
New Jersey, as submitted with the request for approval of The State of
New Jersey's 404 Program.
(2) The program description and any other materials submitted as
part of the original application or supplements thereto.
[FR Doc. 94-4651 Filed 3-1-94; 8:45 am]
BILLING CODE 6560-50-P
