Washington D.C. – In a significant step towards enhancing state-level environmental management, the Environmental Protection Agency (EPA) is proposing to approve the New Jersey Department of Environmental Protection’s (NJDEP) request for the delegation of authority to implement and enforce the Federal Plan Requirements for Municipal Solid Waste (MSW) landfills. This landmark decision, if finalized, will transfer primary implementation and enforcement responsibilities from the EPA to NJDEP for existing sources of MSW landfills in New Jersey.
The proposed delegation concerns MSW landfills that commenced construction on or before July 17, 2014, and have not undergone modification or reconstruction since that date. These federal plan requirements address the emission guidelines applicable to existing MSW landfills located in areas not covered by an approved and effective state plan, focusing on reducing designated pollutants through emission limits and control requirements.
The memorandum of agreement (MoA) concerning this delegation was signed by the NJDEP Assistant Commissioner on November 21, 2023, and subsequently endorsed by the EPA Region 2 Administrator on November 28, 2023, marking its effective date. The public is informed of this MoA through a document that provides a copy of the signed agreement and proposes to amend the regulatory text accordingly.
The EPA’s proposed action is based on a thorough evaluation of New Jersey’s submittal, ensuring consistency with the Clean Air Act (CAA), EPA regulations, and policy guidelines. Following this evaluation, the EPA ascertained that New Jersey’s request, submitted on May 8, 2023, satisfactorily met the requirements for obtaining the delegation of authority to implement and enforce the Federal Plan.
New Jersey’s formal request included a comprehensive package demonstrating adequate resources, legal authority, an inventory of affected MSW landfills, their emissions, a compliance schedule, and certification of a public hearing on the state’s delegation request. The NJDEP’s ability to administer and enforce the Federal Plan is further supported by the opinion of the Acting Attorney General of New Jersey, ensuring legal authority for NJDEP’s role.
Interested parties are invited to participate in the Federal rulemaking procedure by submitting written comments on this proposed action. Comments must be received on or before March 21, 2024, and can be submitted at https://www.regulations.gov, identified by Docket ID Number EPA–R02–OAR–2023–0636.
This proposed delegation does not constitute a significant regulatory action under various executive orders and does not impose additional requirements beyond those imposed by state law. Moreover, it does not have implications on Indian reservation lands or other areas where EPA or an Indian tribe has jurisdiction.
The EPA’s initiative to delegate authority to state agencies like NJDEP is a testament to the agency’s commitment to empowering local environmental governance while maintaining rigorous federal oversight. This move is expected to streamline the implementation and enforcement of environmental regulations, ensuring more efficient and localized management of MSW landfills in New Jersey.
