[Federal Register Volume 59, Number 162 (Tuesday, August 23, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-20686]


[[Page Unknown]]

[Federal Register: August 23, 1994]


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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 271

[FRL-5055-4]

 

North Carolina; Final Authorization of Revisions to State 
Hazardous Waste Management Program

AGENCY: Environmental Protection Agency.

ACTION: Immediate Final Rule, Affirmation.

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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. The Environmental Protection Agency reviewed North 
Carolina's applications and published an Immediate Final Rule (IFR) on 
June 23, 1994, to authorize North Carolina for these revisions. EPA 
received several comments from the public on the IFR decision during 
the public comment period. This notice responds to those public 
comments and reaffirms the decision to grant North Carolina final 
authorization for the above-mentioned revisions.

EFFECTIVE DATE: Final authorization for North Carolina's program 
revisions shall be effective August 22, 1994.

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 
(Public Law 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.
    On June 23, 1994, EPA published an Immediate Final Rule announcing 
its decision to grant North Carolina final authorization for revisions 
to its hazardous waste management program. Further background on the 
Immediate Final Rule to grant authorization appears at 59 FR 32377, 
June 23, 1994. Along with the Immediate Final decision, EPA announced 
the availability of the application and other materials for public 
comment.
    Twelve (12) letters containing written comments were received 
during the public comment period. Most commenters expressed opposition 
to EPA's Immediate Final decision. Virtually all who opposed the 
decision objected because of concerns they have with North Carolina's 
largest commercial BIF. Individual letters containing responses to 
these facility specific concerns have been mailed to the commenters. 
Significant authorization issues raised by the commenters and EPA's 
responses are summarized below.

B. Comments/Response

    Comment: Several commenters stated that Region IV had referred 
violations by BIF's to the North Carolina Department of Environment, 
Health, and Natural Resources (DEHNR) for enforcement, yet no 
enforcement action was taken on matters referred.
    Response: EPA Region IV is not aware of any BIF violations for any 
facility in the State of North Carolina that were referred to DEHNR and 
in which DEHNR failed to take appropriate action. To date, EPA has not 
discovered any violations of the BIF rule at the commercial BIF 
mentioned by the commenters. As part of EPA's oversight role, a joint 
inspection with the State is scheduled for the facility in question in 
the near future.
    Comment: Several commenters stated that North Carolina does not 
have adequate resources to administer the BIF requirements.
    Response: EPA has thorougly and carefully evaluated North 
Carolina's hazardous waste management program and is confident that 
North Carolina does in fact have the resources to administer the BIF 
requirements. North Carolina maintains a competent combustion 
permitting staff who are already actively involved in BIF permitting. 
North Carolina was one of the first States to accept responsibility for 
compliance inspections at small quantity burner facilities. The State 
maintains an on-site inspector program at commercial facilities, 
including the commercial BIF facility mentioned by commenters. North 
Carolina has already made significant progress in the implementation of 
the BIF rule. It should also be noted that North Carolina's regulatory 
authority for BIFs is identical to the federal authority. North 
Carolina adopts EPA hazardous waste regulations by reference. 
Therefore, North Carolina will enforce equivalent standards for BIFs 
within the State.
    Comment: Several commenters stated that because North Carolina 
relies on a commercial BIF to meet its Capacity Assurance Plan (CAP), 
North Carolina DEHNR officials have indicated that this facility will 
obtain a BIF permit if North Carolina administers the program. The 
commenters felt that this prejudgment does not bode well for the 
State's willingness to act as a neutral regulator in the BIF permitting 
process.
    Response: EPA's decision to grant North Carolina final 
authorization for the BIF rule does not constitute determination by the 
Agency or North Carolina on any permit application(s) pertaining to 
this facility. North Carolina included the facility in its Capacity 
Assurance Plan at the request of EPA. EPA requested North Carolina 
include all commercial capacity that was operating by the end of 1993 
regardless of the facility's future status. North Carolina's CAP 
included all capacity the facility identified as coming on-line in the 
future. This does not reflect on North Carolina permitting intentions 
in any way.

C. Decision

    After reviewing and responding to the public comments received on 
the initial Final Determination to authorize North Carolina for the BIF 
regulations, I affirm my conclusion that North Carolina's 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 described in its program revision 
application, subject to the limitations of HSWA, the Memorandum of 
Agreement, and this notice. 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

    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: August 12, 1994.
Winston A. Smith,
Acting Regional Administrator.
[FR Doc. 94-20686 Filed 8-22-94; 8:45 am]
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