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

Issuing agencies

Abstract

The Environmental Protection Agency (EPA) is proposing to approve a request from the New Jersey Department of Environmental Protection (NJDEP) for the 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 (Federal Plan). On November 21, 2023, the NJDEP Assistant Commissioner signed a memorandum of agreement (MoA) concerning the delegation of authority of the Federal Plan to NJDEP by the EPA. Subsequently, on November 28, 2023, the MoA became effective upon the EPA Region 2 Administrator's signature. The Federal plan addresses the implementation and enforcement of the emission guidelines applicable to existing MSW landfills located in areas not covered by an approved and currently effective state plan. The Federal plan imposes emission limits and other control requirements for existing affected MSW landfills which will reduce designated pollutants. The purpose of this delegation is to transfer primary implementation and enforcement responsibilities from the EPA to NJDEP for existing sources of MSW landfills. This document informs the public of the MoA, provides a copy of the signed document, and proposes to amend regulatory text.