# + 2

(,1 1/,1(

Citation: 50 Fed. Reg. 48406 1985

Content downloaded/printed from HeinOnline (http://heinonline.org) Wed Jan 5 14:10:49 2011

-- Your use of this HeinOnline PDF indicates your acceptance of HeinOnline's Terms and Conditions of the license agreement available at http://heinonline.org/HOL/License

-- The search text of this PDF is generated from uncorrected OCR text.

### 48406 Federal Register 

# I Vol. 50, No. 227 

# /Monday, November 25, 1985 

# I Rules and Regulations §36.4212 Interest ratesand late charges.

(a) The interest rate charged the borrower on a loan guatanteed or insured pursuant to 38 U.S.C. 1819 may not exceed the following maxima except

on loans guaranteed or insured pursuant toguaranty or insurance commitments issued by the Veterans Administration prior to the respective effective date: (3e U.S.C. 1819(n)

(1)Effective November 20, 1985, 131/2 percent simple interest per annum for a loan which finances thepurchase ofa manufactured home unit only.

(2)Effective November 20, 1985, 13 percent simple interest per annum for a loan which finances the purchase ofa lot only and the cost of.necessar'y site preparation, ifany.

(3) Effective November 20, 1985, 13 percent simple interest per annum for a loan which will finance the simultaneous acquisition ofa manufactured home and a lot and/or the site preparation necessary to make a lot acceptable as the site for the manufactured home.

2. In § 36.4311, paragraphs (a), (b), and (c) are revised as follows:
§36.4311 Interest rates.

(a) Excepting loans guaranteed or insured puisuant to guaranty or insurance commitments issued by the VA which specify an interest rate in

excess of11 centum per annum, effective November 20, 1985, the interest rate on any home orcondominium loan, other than a graduated payment mortgage loan,guaranteed orinsured wholly or in part on or after such date may not exceed 11 per centum per
annum on the unpaid principal balance. (38 U.S.C. 1803(c)(1))

(b) Excepting loans guaranteed or insured pursuant to guaranty or insurance commitments issued by the VA which specify an interest rate in

excess of111/4 per centum per annum, effective November 20, 1985, the interest rate ofanygraduated payment mortgage loan guaranteed orinsured wholly orin part on or after such date may not exceed 111/4 per centum per annum. (38 U.S.C. 1803(c)(1))

(c) Effective November 20, 1985, the ihterest rate on any loan solely for energy conservation improvements or other alterations, improvements or repairs, which is guaranteed or insured wholly or inpart on or after such date may not exceed 121/2 per centum per
annum on the unpaid principal balance. (38 U.S.C. 1803(c)(1))

3.In § 36.4503, paragraph (a) is revised as follows: §36.4503 Amount and amortization. (a) The original principal amount of any loan made on or after October 1, 1980, shall not exceed an amount which bears the same ratio to $33,000 as the
amount ofthe guaranty to which the veteran is entitled under 38 U.S.C. 1810 at the time the loan ismade bears to $27,500. This limitation shall not preclude the making of advances, otherwise proper, subsequent to the making ofthe loan pursuant to the provisions of§ 36.4511. Except as to home improvement loans, loans made by'the VA shall bear interest at therate of 11 percent per annum. Loans solely for the purpose ofenergy conservation improvements or other alterations, improvements, orrepairs shall bear interest at therate of12/2 percent per
annum. (38U.S.C. 1811(d) (1) and (2)(A))
[FR Doc.85-28040 Filed 11-22-85; 8:45 am]

BILLING CODE 8320-01-MU

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 271 [SW-FRL-2929-21

Reversion ofState Hazardous Waste Management Programs
AGENCY: Environmental Protection Agency. ACTION: Advance notice ofexpiration of RCRA interim authorization.

SUMMARY: This notice announces the scheduled expiration ofinterim authorization in States which have not received final authorization under the Resource Conservation and Recovery Act (RCRA) of 1976,as amended. These States received interim authorization under RCRA to operate all or part ofthe RCRA hazardous waste management program in lieu ofEPA operating the Federal program. However, the Hazardous and Solid Waste Amendments of1984 (HSWA) amend RCRA 3006(c) to provide that interim authorization terminates on January 31, 1986. Ifa State has not received final authorization by that date, authority to implement the RCRA hazardous waste management program reverts toEPA. EPAmust administer the Federal program in that State until such time as the State receives final authorization. This notice identifies the States inwhich operation ofthe RCRA program may revert to EPA on January 31, 1986 and EPA's policies for operating the Federal program in those States. EFFECTIVE DATE: Interim authorization will expire at 1:00p.m. Eastern Standard Time, on January 31, 1986, for any interim authorized State which has not received final authorization. As ofthat date, EPAwill be responsible for operating the Federal hazardous waste program in those States. The State programs will continue in effect under State legal authorities.

FOR FURTHER INFORMATION CONTACT: The RCRA Hotline at (800) 424-9346, or in Washington, DC, at 382-3000 or Martha A. Madison, State Programs Branch (WH-563-B), U.S.Environmental Protection Agency, 401 M Street, SW., Washington, DC 20460, (202) 382-2210.

SUPPLEMENTARY INFORMATION: Section 3006 ofthe Resource Conservation and Recovery Act (RCRA)allows the Environmental Protection Agency [EPA) to authorize States to operate State hazardous waste management programs in lieu of the Federal program. Under RCRA 3006(c)(1), the Agency has the authority to grant interim authorization
to State programs that are "substantially equivalent" to the Federal program. Under RCRA 3006(b), EPAgrants final authorization to State hazardous waste programs that: (1)Are equivalent to the Federal hazardous waste program; (2)

are consistent with the Federal program and other State programs which have received final authorization; and (3) provide adequate enforcement.

Section 3006(c)(1) ofRCRA, as amended bythe Hazardous and Solid Waste Amendments of1984 (HSWA), provides that interim authorization under Section 3006(c)(1) automatically expires on January 31, 1986. On that date authority to administer and enforce the entire RCRA program reverts to the Federal government. Authority to run the RCRA program will return to the State when it obtains final authorization. EPA-may not extend the January 31 deadline administratively.

Fifteen States with interim authorization have not received final authorization as ofthis date. RCRA authority for some of those States is expected torevert to EPA on January 31, 1986. Thepurpose ofthis notice is to alert the public about thepossible reversion ofthe RCRA program is those States and to explain EPA's plans for assuming responsibility for those programs. On or aboutJanuary 31, 1986, EPA will publish a Federal Register notice listing those States whose RCRA programs reverted toEPA.

The regulated community should take particular note that beginning January 31, hazardous waste handlers in States whose interim authorization expires will be required by law to comply with the Federal regulations inTitle 40 ofthe 

### 48406 Federal Register / Vol. 50, No. 227 / Monday, November 25, 1985 / Rules and Regulations

HeinOnline -- 50 Fed. Reg. 48406 1985

### No. 227 / Monday, November 25, 1985 / Rules and Regulations 48407

Code ofFederal Regulations, Parts 124, 260-265 and 270, as well as the State regurations. (Copies of the Code of Federal Regulations are available for sale in two volumes (Parts 100 to 149 and Parts 190 to 399) from the Superintendent ofDocuments, U.S. Government Printing Office, Washington, DC 20402). The State will continue to implement its State hazardous waste program, as this program remains in effect under State law.

The expiration ofRCRA interim authorization in a State poses significant practical problems for EPA, the States, and theregulated community. Because most States are activelypursuing final authorization, reversion ofRCRA authority to EPA is likely to be temporary. EPAneeds to reconcile its legal responsibility to implement and enforce the Federal RCRA program, the practical impossibility offully implementing the Federal program for what generally will be a briefperiod, and the need to minimize conflicts with the States. Thus, EPA intends to administer the program, set priorities and use its enforcement discretion as described below.

First,it is expected that each State whose interim authorization expires will
enter into an agreement with EPA to assist EPA in administering the Federal program until the State receives final authorization. These agreements are intended to reduce duplicative Federal and State activities, maximize the efficient use ofState and EPA resources, minimize the disruption of existing State hazardous waste programs and reduce confusion in the regulated community. Each agreement willidentify the respective responsibilities ofboth EPA and the State agency in implementing the Federal hazardous waste program. While EPAretains legal responsibility for the Federal program, through the agreement EPA can assign to the State those administrative tasks that the State

can legally carry out. The specific administrative tasks to be performed will undoubtedly vary from State to State,but are likely to include such things as the sharing ofinformation and making recommendations to EPA on permit applications.

Second, the Federal RCRA enforcement program, as a matter of enforcement discretion during this period,generally will consider whether State.laws and regulations are similarto Federal requirements and whether the State is taking timely and appropriate enforcement actions. Since State programs wererequired to be substantially equivalent to EPA's program to obtaininterim authorization, Federal and State requirements are generally very similar, ifnot identical, in those areas forwhich a State has interim authorization. If a State does lack comparable requirements, EPA expects to take direct enforcement actions.For example, some States do
nothave regulations comparable to the Federal financial responsibility regulations at 40 CFR Part 265, Subpart H. In this case, the Federal government would take the lead role in enforcement. Where a State has comparable authority and is responding to violations ofState laws and regulations with timely and appropriate formal enforcement actions, EPAgenerally expects to defer to State administrative orjudicial proceedings during this temporary period.In these circumstances EPA would not initiate a parallel enforcement action to enforce the Federal requirements. However, EPA reserves its right to enforce the Federal requirements at any time. Moreover,the above approach does not create anyrights or defenses to an enforcement action.

Third, thelength ofreversion is a factorwhich will affect EPA's priorities. In case where the reversion will be relatively short, approximately 90 days

orless, it may not be practical or possible forEPA to make the operating changes to implement thereversion of authority.Therefore, implementing such changes in those States willbe of lower priority. Forexample, it would be administratively cumbersome and very burdensome to require the State to move its records and the regulated community to send reports to EPA, only to require records and reports to go to the State again within a few weeks ormonths. This is particularly true where a State agrees to assume primary responsibility forreviewing reports.Thus, for States reverting for a shortperiod oftime (i.e., 90days or less), EPAwill allow and encourage handlers to continue reporting to the States during that period.

Similarly, ifprogram authority is expected to revert for a shortperiod of time, the Region will initiate permit actionsjointly with the State to avoid any duplication ofeffort. EPAdoes not plan to take independent permit action except where it is feasible to complete the task involved during theperiod of reversion. When EPA does take action

on permits, it will attempt to build upon what the State accomplished when it

was authorized. Forexample, ifthe State issues a draft permit and then the authorization reverts, EPA may be able to continue thepermit process, picking up with the hearing, rather than duplicating the State's efforts.

The States listed below in Groups I and IIhave interim authorization forall

or part ofthe RCRA hazardous waste program. Theyhave not yet received final authorization and are, therefore, candidates for reversion:

I.States forwhich a complete application for final authorization has beenreceived, but no tentative determination to grant or deny authorization has been madeCalifornia Connecticut Maine New York Ohio Oregon Puerto Rico Rhode Island Washington West Virginia Wisconsin



### II.States for whicha tentative determination to approve final authorization has been madeGuam Illinois Indiana Pennsylvania


### The Stateslisted in Group IIare expected tobe authorized byJanuary 31 unless a significant problem surfaces before then. For theGroup IStates,it is difficult to predict, at thistime, what theirstatus will be onJanuary 31. Some Stateslisted in Group Imaybe authorized eitherby January 31 or within90 

### days after that date.In those States theregulated community will continue to report to theState during the short-term reversion period. However, because each State's authorization status is different andbecause there are States inGroup Iwhichhave yet to provide necessary documents, it isnot possible topredict when those States willreceive final authorization; authorizations for some programs may revert formore than 90days.The Federal Registernotice EPA publishes in January willclarify the status ofall 15 States, including theexpected length of thereversion period and guidance on where reports are tobe submitted. Ifany Stateslisted in Group Iare not authorized byJanuary 31 orwithin 90 days following January 31, they are likelyto assist the Regionin implementing theFederal hazardous waste program until thetime they receive final authorization.

Dated: November 12, 1985. 

### J.

Winston Porter, Assistant Administratorfor SolidWasteand EmergencyResponse. 

### [FRDoc.

### 85-28035 Filed11-22-85 8:45 am)

BILLINGCOdE 6560-50-M 

### Federal Register / Vol. 50,

HeinOnline -- 50 Fed. Reg. 48407 1985