[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]
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