[Federal Register Volume 59, Number 64 (Monday, April 4, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-7546]
[[Page Unknown]]
[Federal Register: April 4, 1994]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 271
[FRL 4855-5]
North Carolina; Final Authorization of Revisions to State
Hazardous Waste Management Program
AGENCY: Environmental Protection Agency.
ACTION: Immediate Final Rule.
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SUMMARY: North Carolina has applied for final authorization of
revisions to its hazardous waste program under the Resource
Conservation and Recovery Act (RCRA). North Carolina's revisions
consist of the provisions contained in rules promulgated between July
1, 1991, and June 30, 1992, otherwise known as RCRA Cluster II. These
requirements are listed in Section B of this notice. The Environmental
Protection Agency (EPA) has reviewed North Carolina's application and
has made a decision, subject to public review and comment, that the
North Carolina hazardous waste program revisions satisfy all of the
requirements necessary to qualify for final authorization. Thus, EPA
intends to approve North Carolina's hazardous waste program revisions.
North Carolina's application for program revisions is available for
public review and comment.
DATES: Final authorization for North Carolina's program revisions shall
be effective June 3, 1994 unless EPA publishes a prior Federal Register
action withdrawing this immediate final rule. All comments on North
Carolina's program revision application must be received by the close
of business, May 4, 1994.
ADDRESSES: Copies of North Carolina's program revision application are
available during normal business hours at the following addresses for
inspection and copying: North Carolina Department of Environment,
Health, and Natural Resources, Hazardous Waste Branch, PO Box 27687,
Raleigh, North Carolina 27611-7687; U.S. EPA Region IV, Library, 345
Courtland Street, NE, Atlanta, Georgia 30365; (404) 347-4216. Written
comments should be sent to Al Hanke at the address listed below.
FOR FURTHER INFORMATION CONTACT: Al Hanke, Chief, State Programs
Section, Waste Programs Branch, Waste Management Division, U.S.
Environmental Protection Agency, 345 Courtland Street, NE, Atlanta,
Georgia 30365; (404) 347-2234.
SUPPLEMENTARY INFORMATION:
A. Background
States with final authorization under section 3006(b) of the
Resource Conservation and Recovery Act (``RCRA'' or ``the Act''), 42
U.S.C. 6926(b), have a continuing obligation to maintain a hazardous
waste program that is equivalent to, consistent with, and no less
stringent than the Federal hazardous waste program. In addition, as an
interim measure, the Hazardous and Solid Waste Amendments of 1984 (Pub.
L. 98-616, November 8, 1984, hereinafter ``HSWA'') allows States to
revise their programs to become substantially equivalent instead of
equivalent to RCRA requirements promulgated under HSWA authority.
States exercising the latter option receive ``interim authorization''
for the HSWA requirements under section 3006(g) of RCRA, 42 U.S.C.
6926(g), and later apply for final authorization for the HSWA
requirements.
Revisions to State hazardous waste programs are necessary when
Federal or State statutory or regulatory authority is modified or when
certain other changes occur. Most commonly, State program revisions are
necessitated by changes to EPA's regulations in 40 CFR parts 260-268
and 124 and 270.
B. North Carolina
North Carolina initially received final authorization for its base
RCRA program effective on December 31, 1984, (49 FR 48694). North
Carolina most recently received final authorization effective March 28,
1994, for RCRA I (59 FR 3791, January 27, 1994). On September 27, 1993,
North Carolina submitted a program revision application for additional
program approvals. Today, North Carolina is seeking approval of its
program revisions in accordance with 40 CFR 271.21(b)(3).
EPA has reviewed North Carolina's application and has made an
immediate final decision that North Carolina's hazardous waste program
revisions satisfy all of the requirements necessary to qualify for
final authorization. Consequently, EPA intends to grant final
authorization for the additional program modifications to North
Carolina. The public may submit written comments on EPA's immediate
final decision up until May 4, 1994.
Copies of North Carolina's application for these program revisions
are available for inspection and copying at the locations indicated in
the Addresses section of this notice.
Approval of North Carolina's program revisions shall become
effective June 3, 1994, unless an adverse comment pertaining to the
State's revisions discussed in this notice is received by the end of
the comment period.
If an adverse comment is received EPA will publish either (1) a
withdrawal of the immediate final decision or (2) a notice containing a
response to comments which either affirms that the immediate final
decision takes effect or reverses the decision.
EPA shall administer any RCRA hazardous waste permits, or portions
of permits that contain conditions based upon the Federal program
provisions for which the State is applying for authorization and which
were issued by EPA prior to the effective date of this authorization.
EPA will suspend issuance of any further permits under the provisions
for which the State is being authorized on the effective date of this
authorization.
North Carolina is today seeking authority to administer the
following Federal requirements promulgated between July 1, 1991, and
June 30, 1992, for the requirements of RCRA Cluster II. This would
include all rules except for the Technical Amendments and
Administrative Stay for the Boilers and Industrial Furnaces rule noted
at the end of this section.
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HSWA or FR
Federal requirement reference Promulgation State authority
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Checklist 92: Wood Preserving 56 FR 30192 7/1/91 15A NCAC 13A .0006(a)
Listings; Technical Corrections. 15A NCAC 13A .0006(d)
15A NCAC 13A .0007(c)
15A NCAC 13A .0009(s)
15A NCAC 13A .0010(r)
15A NCAC 13A .0013(b)
Checklist 95: Land Disposal 56 FR 41164 8/19/91 15A NCAC 13A .0006(a)
Restrictions for Electric Arc 15A NCAC 13A .0012(c)
Furnace Dust (K061).
Checklist 97: Exports of Hazardous 56 FR 43704 9/4/91 15A NCAC 13A .0007(e)
Waste; Technical Correction.
Checklist 99: Amendments to Interim 56 FR 66365 12/23/91 15A NCAC 13A .0002(b)
Status Standards for Downgradient 15A NCAC 13A .0010(f)
Groundwater Monitoring Well
Locations.
Checklist 100: Liners and Leak 57 FR 3462 1/29/92 15A NCAC 13A .0002(b)
Detection Systems for Hazardous 15A NCAC 13A .0009(c)
Waste Land Disposal Units.
15A NCAC 13A .0009(f)
15A NCAC 13A .0009(l)
15A NCAC 13A .0009(m)
15A NCAC 13A .0009(o)
15A NCAC 13A .0010(b)
15A NCAC 13A .0010(e)
15A NCAC 13A .0010(k)
15A NCAC 13A .0010(l)
15A NCAC 13A .0010(m)
15A NCAC 13A .0010(n)
15A NCAC 13A .0013(a)
15A NCAC 13A .0013(b)
15A NCAC 13A .0013(g)
Checklist 101: Administrative Stay 57 FR 5859 2/18/92 15A NCAC 13A .0009(s)
for the Requirement that Existing 15A NCAC 13A .0010(r)
Drip Pads be Impermeable.
Checklist 102: Second Correction to 57 FR 8086 3/6/92 15A NCAC 13A .0009(c)
the Third Third Land Disposal 15A NCAC 13A .0010(b)
Restrictions.
15A NCAC 13A .0012(a)
15A NCAC 13A .0012(c)
Checklist 103: Hazardous Debris Case- 57 FR 20766 5/15/92 15A NCAC 13A .0012(b)
by-Case Capacity Variance.
Checklist 104: Used Oil Filters 57 FR 21524 5/20/92 15A NCAC 13A .0006(a)
Exclusion.
Checklist 105: Recycle Coke by 57 FR 27880 6/22/92 15A NCAC 13A .0011(f)
Product Exclusion.
Checklist 106: Lead-bearing Hazardous 57 FR 28628 6/26/92 15A NCAC 13A .0012(b)
Materials Case-by-Case Capacity
Variance.
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North Carolina is not authorized for the February 21, 1991, (56 FR
7134), Boilers and Industrial Furnaces Rule, (BIF). Therefore,
authorization for the Technical Amendments and the Administrative Stay
for BIF promulgated July 17, 1991, (56 FR 32688) Checklist 94; August
27, 1991, (56 FR 42504) Checklist 96; and September 5, 1991, (56 FR
43874) Checklist 98, will be deferred until the State is granted
authorization for the Boilers and Industrial Furnace Rule.
C. Decision
I conclude that North Carolina's application for these program
revisions meet all of the statutory and regulatory requirements
established by RCRA. Accordingly, North Carolina is granted final
authorization to operate its hazardous waste program as revised.
North Carolina now has responsibility for permitting treatment,
storage, and disposal facilities within its borders and carrying out
other aspects of the RCRA program, subject to the limitations of its
program revision application, and its previously approved authorities.
North Carolina also has primary enforcement responsibilities, although
EPA retains the right to conduct inspections under section 3007 of RCRA
and to take enforcement actions under section 3008, 3013, and 7003 of
RCRA.
Compliance With Executive Order 12866
The Office of Management and Budget has exempted this rule from the
requirements of section 6 of Executive Order 12866.
Certification Under the Regulatory Flexibility Act
Pursuant to the provisions of 5 U.S.C. 605(b), I hereby certify
that this authorization will not have a significant economic impact on
a substantial number of small entities. This authorization effectively
suspends the applicability of certain Federal regulations in favor of
North Carolina's program, thereby eliminating duplicative requirements
for handlers of hazardous waste in the State. It does not impose any
new burdens on small entities.
This rule, therefore, does not require a regulatory flexibility
analysis.
List of Subjects in 40 CFR Part 271
Environmental protection, Administrative practice and procedure,
Confidential business information, Hazardous materials transportation,
Hazardous waste, Indian lands, Intergovernmental relations, Penalties,
Reporting and recordkeeping requirements, Water pollution control,
Water supply.
Authority: This notice is issued under the authority of sections
2002(a), 3006, and 7004(b) of the Solid Waste Disposal Act as
amended (42 U.S.C. 6912(a), 6926, 6974(b)).
Dated: March 22, 1994.
Don Guinyard,
Regional Administrator.
[FR Doc. 94-7546 Filed 4-1-94; 8:45 am]
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