[Federal Register Volume 89, Number 81 (Thursday, April 25, 2024)]
[Rules and Regulations]
[Pages 31647-31649]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-08737]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 62

[EPA-R02-OAR-2023-0636, FRL-11638-02-R2]


Approval and Promulgation of Plans for Designated Facilities; New 
Jersey; Delegation of Authority

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving a 
request from the New Jersey Department of Environmental Protection 
(NJDEP) for delegation of authority to implement and enforce the 
Federal Plan Requirements for Municipal Solid Waste (MSW) landfills 
that commenced construction on or before July 17, 2014, and have not 
been modified or reconstructed since July 17, 2014. On November 21, 
2023, the NJDEP Assistant Commissioner signed a memorandum of agreement 
(MoA) concerning the delegation of authority of the Federal Plan for 
existing MSW landfills to the NJDEP by the EPA. Subsequently, on 
November 28, 2023, the MoA became effective upon the EPA Region 2 
Regional Administrator's signature. The signed MoA serves as the 
mechanism for the transfer of the EPA's authority to the NJDEP. The 
purpose of this delegation is to acknowledge the NJDEP's ability to 
implement the Federal Plan and to transfer primary implementation and 
enforcement responsibilities from the EPA to the NJDEP for existing 
sources of MSW landfills. This notice informs the public of the MoA, 
provides a copy of the signed document, and amends regulatory text to 
promulgate the delegation of authority.

DATES: This rule is effective on May 28, 2024.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID Number EPA-R02-OAR-2023-0636. All documents in the docket are 
listed on the https://www.regulations.gov website. Although listed in 
the index, some information is not publicly available, e.g., Controlled 
Unclassified Information (CUI) (formally referred to as Confidential 
Business Information (CBI)) or other information whose disclosure is 
restricted by statute. Certain other material, such as copyrighted 
material, is not placed on the internet and will be publicly available 
only in hard copy form. Publicly available docket materials are 
available electronically through https://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Fausto Taveras, Environmental 
Protection Agency, Region 2, Air Programs Branch, 290 Broadway, New 
York, New York 10007-1866, at (212) 637-3378, or by email at 
[email protected].

SUPPLEMENTARY INFORMATION: The Supplementary Information section is 
arranged as follows:

I. What is the background for this action?
II. What comments were received in response to the EPA's proposed 
action?
III. What action is the EPA taking?
IV. Statutory and Executive Order Reviews

I. What is the background for this action?

    On February 20, 2024 (89 FR 12796), the EPA published a Notice of 
Proposed Rulemaking (NPRM) that proposed approving the New Jersey 
Department of Environmental Protection (NJDEP) request, dated May 8, 
2023, for delegation of authority of the Federal Plan Requirements for 
Municipal Solid Waste (MSW) Landfills That Commenced Construction On or 
Before July 17, 2014, and Have Not Been Modified or Reconstructed Since 
July 17, 2014, (Federal Plan), codified at 40 CFR part 62, subpart OOO, 
for existing sources of MSW Landfills. New Jersey's request letter 
included a commitment to enter a memorandum of agreement (MoA) 
developed by the NJDEP and the EPA, which defines the policies, 
responsibilities, and procedures that the NJDEP and the EPA will 
conform to in administering the Federal Plan requirements. The MoA was 
signed by the NJDEP Assistant Commissioner on November 21, 2023, and 
the EPA Region 2 Regional Administrator on November 28, 2023. The NPRM 
informed the public of the MoA, provided a copy of the signed document, 
and proposed amending associated regulatory text at 40 CFR part 62, 
subpart FF--New Jersey to promulgate the approved delegation of 
authority to the NJDEP for implementing and enforcing the Federal Plan 
Requirements for Municipal Solid

[[Page 31648]]

Waste Landfills That Commenced Construction On or Before July 17, 2014 
and Have Not Been Modified or Reconstructed Since July 17, 2014 at 40 
CFR part 62, subpart OOO.
    The EPA will continue to retain enforcement authority along with 
the NJDEP, and the EPA will continue to retain certain specific 
authorities reserved for the EPA in the Federal Plans and as indicated 
in the MoA (e.g., authority to approve major alternatives to test 
methods or monitoring, authority to approve alternative methods to 
determine the site-specific NMOC concentration or a site-specific 
methane generation rate constant, etc).

II. What comments were received in response to the EPA's proposed 
action?

    On February 20, 2024 (89 FR 12796), the EPA proposed to approve the 
NJDEP's request for delegation of the MSW landfill Federal Plan. For a 
detailed discussion on the content and requirements of the NJDEP's 
delegation request, the reader is referred to the EPA's proposed 
rulemaking action. The EPA received no public comments in response to 
its February 20, 2024, NPRM.

III. What action is the EPA taking?

    The EPA approves amending regulatory text at 40 CFR part 62, 
subpart FF--New Jersey, to promulgate the delegation of authority to 
the NJDEP for implementing and enforcing the Federal Plan Requirements 
for Municipal Solid Waste Landfills That Commenced Construction On or 
Before July 17, 2014, and Have Not Been Modified or Reconstructed Since 
July 17, 2014, at 40 CFR part 62, subpart OOO.

IV. Statutory and Executive Order Reviews

    Under the CAA, the Administrator has the authority to delegate the 
authority to implement a 111(d)/129 Federal Plan that complies with the 
provisions of the CAA and applicable Federal regulations. See 40 CFR 
60.27. In reviewing 111(d)/129 Federal Plan delegation requests, the 
EPA's role is to approve State choices, provided that they meet the 
criteria of the CAA and of the EPA's implementing regulations. 
Accordingly, this action merely codifies in the Code of Federal 
Regulations the EPA's delegation of authority to implement the Federal 
Plan and does not impose additional requirements beyond those imposed 
by the already-applicable Federal Plan. For that reason, this action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Order 
12866 (58 FR 51735, October 4, 1993), and 14094 (88 FR 21879, April 11, 
2023);
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not subject to Executive Order 13045 (62 FR 19885, 
April 23, 1997) because it approves a State program;
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the Clean Air Act.
    In addition, this rulemaking action, pertaining to New Jersey's 
section 111(d) request for delegation of authority to implement and 
enforce the Federal Plan for existing MSW landfills, is not approved to 
apply on any Indian reservation land or in any other area where the EPA 
or an Indian tribe has demonstrated that a tribe has jurisdiction. In 
those areas of Indian country, the rule does not have tribal 
implications and it will not impose substantial direct costs on tribal 
governments or preempt tribal law as specified by Executive Order 13175 
(65 FR 67249, November 9, 2000).
    Executive Order 12898 (Federal Actions to Address Environmental 
Justice in Minority Populations and Low-Income Populations, 59 FR 7629, 
Feb. 16, 1994) directs Federal agencies to identify and address 
``disproportionately high and adverse human health or environmental 
effects'' of their actions on minority populations and low-income 
populations to the greatest extent practicable and permitted by law. 
The EPA defines environmental justice (EJ) as ``the fair treatment and 
meaningful involvement of all people regardless of race, color, 
national origin, or income with respect to the development, 
implementation, and enforcement of environmental laws, regulations, and 
policies.'' The EPA further defines the term fair treatment to mean 
that ``no group of people should bear a disproportionate burden of 
environmental harms and risks, including those resulting from the 
negative environmental consequences of industrial, governmental, and 
commercial operations or programs and policies.''
    The NJDEP did not evaluate EJ considerations as part of its formal 
request; the CAA and applicable implementing regulations neither 
prohibit nor require such an evaluation. The EPA did not perform an EJ 
analysis and did not consider EJ in this action. Due to the nature of 
the action being taken here, this action is expected to have a neutral 
to positive impact on the air quality of the affected area. 
Consideration of EJ is not required as part of this action, and there 
is no information in the record inconsistent with the stated goal of 
E.O. 12898 of achieving environmental justice for people of color, low-
income populations, and Indigenous peoples.
    This action is subject to the Congressional Review Act, and the EPA 
will submit a rule report to each House of the Congress and the 
Comptroller General of the United States. This action is not a ``major 
rule'' as defined by 5 U.S.C. 804(2).
    Under section 307(b)(1) of the Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by June 24, 2024. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this action for the purposes of 
judicial review nor does it extend the time within which a petition for 
judicial review may be filed and shall not postpone the effectiveness 
of such rule or action. This action may not be challenged later in 
proceedings to enforce its requirements. (See section 307(b)(2)).

List of Subjects in 40 CFR Part 62

    Environmental protection, Administrative practice and procedure, 
Air pollution control, Intergovernmental relations, Landfills, 
Reporting and recordkeeping requirements, Waste treatment and disposal.

    Authority: 42 U.S.C. 7401 et seq.

Lisa Garcia,
Regional Administrator, Region 2.

    For the reasons set forth in the preamble, 40 CFR part 62 is 
amended as follows:

[[Page 31649]]

PART 62--APPROVAL AND PROMULGATION OF STATE PLANS FOR DESIGNATED 
FACILITIES AND POLLUTANTS

0
1. The authority citation for part 62 continues to read as follows:

    Authority:  42 U.S.C. 7401 et seq.

Subpart FF--New Jersey

0
2. Amend Sec.  62.7605, by adding paragraphs (e) through (h) to read as 
follows:


Sec.  62.7605  Identification of plan--delegation of authority.

* * * * *
    (e) Letter from the New Jersey Department of Environmental 
Protection (NJDEP), submitted May 8, 2023, requested delegation of 
authority from EPA to implement and enforce the Federal Plan 
Requirements for existing Municipal Solid Waste Landfills. The Federal 
plan will be administered by both the NJDEP and the EPA, pursuant to 
``Federal Plan Requirements for Municipal Solid Waste (MSW) Landfills 
That Commenced Construction On or Before July 17, 2014, and Have Not 
Been Modified or Reconstructed Since July 17, 2014'' 40 CFR 62.16710-
62.16730.
    (f) Identification of sources. The Existing MSW Landfills Federal 
Plan applies to each municipal solid waste landfill that meets the 
following criteria:
    (1) Commenced construction, reconstruction, or modification on or 
before July 17, 2014.
    (2) Accepted waste at any time since November 8, 1987, or has 
additional capacity for future waste deposition.
    (g) On November 21, 2023, the NJDEP Assistant Commissioner signed a 
Memorandum of Agreement (MoA) concerning the Delegation of Authority of 
the Federal Plan for Existing Municipal Solid Waste Landfills to the 
New Jersey Department of Environmental Protection by the United States 
Environmental Protection Agency. On November 28, 2023, the EPA Region 2 
Regional Administrator signed the MoA, therefore agreeing to the terms 
and conditions of the MoA and accepting responsibility to enforce and 
implement the policies, responsibilities, and procedures for existing 
MSW landfills.
    (h) The delegation became fully effective on November 28, 2023, the 
date the MoA was signed by the EPA Region 2 Regional Administrator.

[FR Doc. 2024-08737 Filed 4-24-24; 8:45 am]
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