[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.

----------------------------------------------------------------------------------------------------------------
                                           HSWA or FR                                                           
         Federal requirement               reference          Promulgation              State authority         
----------------------------------------------------------------------------------------------------------------
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.                                                                                                      
----------------------------------------------------------------------------------------------------------------

    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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