federal_register: 94-26816
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| document_number | title | type | abstract | publication_date | pub_year | pub_month | html_url | pdf_url | agency_names | agency_ids | excerpts | regulation_id_numbers |
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| 94-26816 | The State of New Jersey; Partial Program Adequacy Determination of State Municipal Solid Waste Permit Program | Uncategorized Document | Section 4005(c)(1)(B) of the Resource Conservation Recovery Act (RCRA), as amended by the Hazardous and Solid Waste Amendments (HSWA) of 1984, requires States to develop and implement permit programs to ensure that municipal solid waste landfills (MSWLFs) which may receive hazardous household waste or small quantity generator waste will comply with the revised Federal MSWLF Criteria (40 CFR part 258). RCRA Section 4005(c)(1)(C) requires the Environmental Protection Agency (EPA) to determine whether States have adequate ``permit'' programs for MSWLFs, but does not mandate issuance of a rule for such determinations. EPA has drafted and is in the process of proposing a State/Tribe Implementation Rule (STIR) that will provide procedures by which EPA will approve, or partially approve, State/Tribal landfill permit programs. The Agency has been approving and intends to continue approving adequate State/Tribal MSWLF permit programs as applications are submitted. Thus, these approvals are not dependent on final promulgation of the STIR. Prior to promulgation of STIR, adequacy determinations will be made based on the statutory authorities and requirements. In addition, States/Tribes may use the draft STIR as an aid in interpreting these requirements. The Agency believes that early approvals have an important benefit. Approved State/Tribe permit programs provide for interaction between State/Tribe and the owner/ operator regarding site-specific permit conditions. Only those owners/ operators located in States/Tribes with approved permit programs can use the site-specific flexibility provided by part 258 to the extent the State/Tribal permit program allows such flexibility. EPA notes that regardless of the approval status of a State/Tribe and the permit status of any facility, the federal landfill criteria will apply to all permitted and unpermitted MSWLF facilities. The State of New Jersey applied for a partial determination of adequacy under section 4005 of RCRA. EPA reviewed New Jersey's application and certain amendments and revisions thereto, and made a tentative determination that all portions of New Jersey's MSWLF permit program are adequate to assure compliance with the revised MSWLF Criteria, except for Subpart E relating to Ground-Water Monitoring and Corrective Action. New Jersey plans to revise the remainder of its permit program to assure complete compliance with the revised MSWLF Criteria and gain full program approval. New Jersey's application for partial program adequacy determination is available for public review and comment. Although RCRA does not require EPA to hold a hearing on any determination to approve a State/Tribe's MSWLF program, the Region has scheduled an opportunity for a public hearing on this tentative determination. Details appear below in the DATES section. | 1994-10-28 | 1994 | 10 | https://www.federalregister.gov/documents/1994/10/28/94-26816/the-state-of-new-jersey-partial-program-adequacy-determination-of-state-municipal-solid-waste-permit | Environmental Protection Agency | 145 | Section 4005(c)(1)(B) of the Resource Conservation Recovery Act (RCRA), as amended by the Hazardous and Solid Waste Amendments (HSWA) of 1984, requires States to develop and implement permit programs to ensure that municipal solid waste landfills... |