[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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