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98-24607 State of New Jersey; Final Program Determination of Adequacy of State Municipal Solid Waste Landfill Permit Program Notice 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. 1998-09-14 1998 9 https://www.federalregister.gov/documents/1998/09/14/98-24607/state-of-new-jersey-final-program-determination-of-adequacy-of-state-municipal-solid-waste-landfill https://www.govinfo.gov/content/pkg/FR-1998-09-14/pdf/98-24607.pdf Environmental Protection Agency 145 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...

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