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Citation: 50 Fed. Reg. 48406 1985 

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

§ 36.4212 Interest rates and 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

to guaranty 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 the purchase of a

manufactured home unit only.

(2) Effective November 20, 1985, 13

percent simple interest per annum for a

loan whi ch finances the purchase of a

lot only and the cost of.necessar'y site

preparation, if any.

(3) Effective November 20, 1985, 13

percent simple interest per annum for a

loan which will finance the

simultaneous acquisition of a

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 of 11 centum per annum,

effective November 20, 1985, the interest

rate on any home or condominium loan,

other than a graduated payment

mortgage loan, guaranteed or insured

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 of 111/4 per centum per annum,

effective November 20, 1985, the interest

rate of any graduated payment mortgage

loan guaranteed or insured wholly or in

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 in part 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 of the guaranty to which the

veteran is entitled under 38 U.S.C. 1810

at the time the loan is made bears to

$27,500. This limitation shall not

preclude the making of advances,

otherwise proper, subsequent to the

making of the loan pursuant to the

provisions of § 36.4511. Except as to

home improvement loans, loans made

by'the VA shall bear interest at the rate

of 11 percent per annum. Loans solely

for the purpose of energy conservation

improvements or other alterations,

improvements, or repairs shall bear

interest at the rate of 12/2 percent per

annum. (38 U.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 of State Hazardous Waste

Management Programs

AGENCY: Environmental Protection

Agency.

ACTION: Advance notice of expiration of

RCRA interim authorization.

SUMMARY: This notice announces the

scheduled expiration of interim

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 of the

RCRA hazardous waste management

program in lieu of EPA operating the

Federal program. However, the

Hazardous and Solid Waste

Amendments of 1984 (HSWA) amend

RCRA 3006(c) to provide that interim

authorization terminates on January 31,

1986. If a State has not received final

authorization by that date, authority to

implement the RCRA hazardous waste

management program reverts to EPA.

EPA must administer the Federal

program in that State until such time as

the State receives final authorization.

This notice identifies the States in which

operation of the 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 1:00 p.m. Eastern Standard

Time, on January 31, 1986, for any

interim authorized State which has not

received final authorization. As of that

date, EPA will 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 of the 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), EPA grants 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) of RCRA, as

amended by the Hazardous and Solid

Waste Amendments of 1984 (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 of this date. RCRA

authority for some of those States is

expected to revert to EPA on January 31,

1986. The purpose of this notice is to

alert the public about the possible

reversion of the RCRA program is those

States and to explain EPA's plans for

assuming responsibility for those

programs. On or about January 31, 1986,

EPA will publish a Federal Register

notice listing those States whose RCRA

programs reverted to EPA.

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 in Title 40 of the

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 of Federal 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 of Documents, 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 of RCRA interim

authorization in a State poses significant

practical problems for EPA, the States,

and the regulated community. Because

most States are actively pursuing final

authorization, reversion of RCRA

authority to EPA is likely to be

temporary. EPA needs to reconcile its

legal responsibility to implement and

enforce the Federal RCRA program, the

practical impossibility of fully

implementing the Federal program for

what generally will be a brief period,

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 of State and EPA resources,

minimize the disruption of existing State

hazardous waste programs and reduce

confusion in the regulated community.

Each agreement will identify the

respective responsibilities of both EPA

and the State agency in implementing

the Federal hazardous waste program.

While EPA retains 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 of information 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 similar to

Federal requirements and whether the

State is taking timely and appropriate

enforcement actions. Since State

programs were required to be

substantially equivalent to EPA's

program to obtain interim authorization,

Federal and State requirements are

generally very similar, if not identical, in

those areas for which a State has

interim authorization. If a State does

lack comparable requirements, EPA

expects to take direct enforcement

actions. For example, some States do

not have 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 of State

laws and regulations with timely and

appropriate formal enforcement actions,

EPA generally expects to defer to State

administrative or judicial 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 any rights or defenses to an

enforcement action.

Third, the length of reversion is a

factor which will affect EPA's priorities.

In case where the reversion will be

relatively short, approximately 90 days

or less, it may not be practical or

possible for EPA to make the operating

changes to implement the reversion of

authority. Therefore, implementing such

changes in those States will be of lower

priority. For example, 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 or months.

This is particularly true where a State

agrees to assume primary responsibility

for reviewing reports. Thus, for States

reverting for a short period of time (i.e.,

90 days or less), EPA will allow and

encourage handlers to continue

reporting to the States during that

period.

Similarly, if program authority is

expected to revert for a short period of

time, the Region will initiate permit

actions jointly with the State to avoid

any duplication of effort. EPA does not

plan to take independent permit action

except where it is feasible to complete

the task involved during the period of

reversion. When EPA does take action

on permits, it will attempt to build upon

what the State accomplished when it

was authorized. For example, if the

State issues a draft permit and then the

authorization reverts, EPA may be able

to continue the permit process, picking

up with the hearing, rather than

duplicating the State's efforts.

The States listed below in Groups I

and II have interim authorization for all

or part of the RCRA hazardous waste

program. They have not yet received

final authorization and are, therefore,

candidates for reversion:

I. States for which a complete

application for final authorization has

been received, 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 which a tentative

determination to approve final

authorization has been madeGuam

Illinois

Indiana

Pennsylvania

The States listed in Group II are

expected to be authorized by January 31

unless a significant problem surfaces

before then. For the Group I States, it is

difficult to predict, at this time, what

their status will be on January 31. Some

States listed in Group I may be

authorized either by January 31 or

within 90 days after that date. In those

States the regulated community will

continue to report to the State during the

short-term reversion period. However,

because each State's authorization

status is different and because there are

States in Group I which have yet to

provide necessary documents, it is not

possible to predict when those States

will receive final authorization;

authorizations for some programs may

revert for more than 90 days. The

Federal Register notice EPA publishes in

January will clarify the status of all 15

States, including the expected length of

the reversion period and guidance on

where reports are to be submitted. If any

States listed in Group I are not

authorized by January 31 or within 90

days following January 31, they are

likely to assist the Region in

implementing the Federal hazardous

waste program until the time they

receive final authorization.

Dated: November 12, 1985.

J. Winston Porter,

Assistant Administratorfor Solid Waste and

Emergency Response.

[FR Doc. 85-28035 Filed 11-22-85 8:45 am)

BILLING COdE 6560-50-M

Federal Register / Vol. 50,

HeinOnline -- 50 Fed. Reg. 48407 1985