[Federal Register Volume 59, Number 120 (Thursday, June 23, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-15315]


[[Page Unknown]]

[Federal Register: June 23, 1994]


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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 271

[FRL-5003-2]

 

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 Boilers and Industrial Furnaces Rule (BIF) promulgated 
February 21, 1991, the Technical Amendments for BIF promulgated July 
17, 1991 and August 17, 1991, and the Administrative Stay promulgated 
September 5, 1991. These requirements are listed in Section B of this 
notice. The Environmental Protection Agency (EPA) has reviewed North 
Carolina's applications 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 applications for 
program revisions are available for public review and comment.

DATES: Final authorization for North Carolina's program revisions shall 
be effective August 22, 1994, unless EPA publishes a prior Federal 
Register action withdrawing this immediate final rule. All comments on 
North Carolina's program revision applications must be received by the 
close of business, July 25, 1994.

ADDRESSES: Copies of North Carolina's program revision applications 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, P.O. Box 27687, 
Raleigh, North Carolina 27611-7687; USEPA 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 124, 260 
through 268 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. EPA has also published an Immediate Final Rulemaking 
April 4, 1994, for RCRA Cluster II. Both rulemakings did not grant 
final authorization for the Burning of Hazardous Waste in Boilers and 
Industrial Furnaces Rule (BIF) (56 FR 7134) or the Technical Amendments 
and Administrative Stay for this rule. Authorization for BIF was 
deferred until a BIF capability self assessment was completed by North 
Carolina based on criteria developed by Region IV. The assessment would 
help Region IV determine if the State was capable of implementing the 
BIF rule. On February 14, 1994, North Carolina submitted a capability 
self assessment for BIF. 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 applications and self assessment 
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 July 25, 1994.
    Copies of North Carolina's self assessment and applications 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 August 22, 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 February 21, 1991, July 17, 
1991, August 27, 1991, and September 5, 1991. 

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         Federal requirement            HSWA or reference      Promulgation             State authority         
----------------------------------------------------------------------------------------------------------------
CHECKLIST 85........................  56 FR 7134                      2/21/91  15A NCAC 13A .0002 (b)           
Burning of hazardous waste in                                                  15A NCAC 13A .0001 (d)           
 boilers and industrial furnaces.                                              15A NCAC 13A .0006 (a)           
                                                                               15A NCAC 13A .0009 (h)           
                                                                               15A NCAC 13A .0009 (q)           
                                                                               15A NCAC 13A .0010 (g)           
                                                                               15A NCAC 13A .0010 (o)           
                                                                               15A NCAC 13A .0011 (b)           
                                                                               15A NCAC 13A .0011 (f)           
                                                                               15A NCAC 13A .0011 (g)           
                                                                               15A NCAC 13A .0013 (b)           
                                                                               15A NCAC 13A .0013 (g)           
                                                                               15A NCAC 13A .0013 (i)           
                                                                               15A NCAC 13A .0013 (j)           
CHECKLIST 94 .......................  56 FR 32688                     7/17/91  15A NCAC 13A .0006 (a)           
Burning of hazardous waste in                                                  15A NCAC 13A .0010 (p)           
 boilers and industrial furnaces;                                              15A NCAC 13A .0011 (c)           
 Corrections and Technical                                                     15A NCAC 13A .0011 (f)           
 Amendments I.                                                                 15A NCAC 13A .0011 (g)           
                                                                               15A NCAC 13A .0013 (b)           
                                                                               15A NCAC 13A .0013 (g)           
                                                                               15A NCAC 13A .0013 (j)           
CHECKLIST 96........................  56 FR 42504                     8/27/91  15A NCAC 13A .0006 (a)           
Burning of Hazardous Waste in                                                  15A NCAC 13A .0010 (g)           
 Boilers and Industrial Furnaces;                                              15A NCAC 13A .0011 (f)           
 Corrections and Technical                                                     15A NCAC 13A .0011 (g)           
 Amendments II.                                                                                                 
CHECKLIST 98........................  56 FR 43874                      9/5/91  15A NCAC 13A .0011 (f)           
Burning of hazardous waste in                                                                                   
 boilers and industrial furnaces;                                                                               
 Administrative Stay of                                                                                         
 Applicability and Technical                                                                                    
 Amendment.                                                                                                     
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C. Decision

    I conclude that North Carolina's application(s) 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 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 sections 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

    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: May 16, 1994.
Patrick M. Tobin,
Acting Regional Administrator.
[FR Doc. 94-15315 Filed 6-22-94; 8:45 am]
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