[Federal Register Volume 62, Number 67 (Tuesday, April 8, 1997)]
[Notices]
[Pages 16806-16807]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-8671]


-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

[FRL-5807-1]


Water Pollution Control; Program Application by North Carolina to 
Administer the Sludge Management (Biosolids) Program

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of application and public comment period.

-----------------------------------------------------------------------

SUMMARY: Pursuant to 40 CFR 501.31, the State of North Carolina has 
submitted an application for EPA to approve the existing North Carolina 
Domestic Waste Permit program for authorization to administer and 
enforce the federal sewage sludge management (biosolids) program. 
According to the State's proposal, this program would be administered 
by the North Carolina Department of Environment, Health and Natural 
Resources (NCDEHNR).
    The application from North Carolina is complete and is available 
for inspection and copying. Persons wishing to comment upon or object 
to any aspects of the application from North Carolina or wishing to 
request a public hearing, are invited to submit the same in writing 
within thirty (30) days of this notice to the Office of Environmental 
Assessment, Environmental Protection Agency Region 4, 61 Forsyth 
Street, S.W., Atlanta, Georgia 30303-3104, ATTENTION: Ms. Lena Scott. 
The public notice number and reference to the program application by 
North Carolina to administer the sludge management (biosolids) program 
should be included in the first page of comments.

FOR FURTHER INFORMATION CONTACT: Mr. Roosevelt Childress, Chief, 
Surface Water Permits Section, telephone (404) 562-9279, or Mr. Vince 
Miller, EPA Region 4 Sludge Management Coordinator, telephone (404) 
562-9312, or write to the following address: Water Management Division, 
Surface Water Permits Section, U.S. EPA, Region 4, Atlanta Federal 
Center, 61 Forsyth Street, S.W., Atlanta, Georgia 30303-3104.

SUPPLEMENTARY INFORMATION: Section 405 of the Clean Water Act (CWA), 33 
U.S.C. Section 1345, created the sludge management program, allowing 
EPA to issue permits for the disposal of sewage sludge under conditions 
required by the CWA. Section 405(c) of the CWA provides that a state 
may submit an application to EPA for administering its own program for 
issuing sewage sludge permits within its jurisdiction. EPA is required 
to approve each such submitted state program unless EPA determines that 
the program does not meet the requirements of the EPA regulations 
implementing those sections.
    North Carolina's application for sludge management program approval 
contains a letter from the Governor requesting program approval, an 
Attorney General's Statement, copies of pertinent State statutes and 
regulations, the NCDEHNR Program Description, and a draft NCDEHNR/EPA 
Memorandum of Agreement (MOA).

Septage

    EPA understands that North Carolina's application is not intended 
to include federal septage management program activities within the 
State. EPA will retain authority for administering the federal septage 
management program within the State of North Carolina until such time 
that the State receives federal authorization.

Indian Tribes

    The term ``Indian Tribe'' is defined under the Act as ``any Indian 
Tribe, band, nation, or other organized group of community, including 
any Alaskan Native village, which is federally recognized as eligible 
for the special programs, and services provided by the United States to 
Indians because of their status as Indians.'' EPA notes that North 
Carolina's application does not, nor does it intend to, include 
management of sewage sludge on lands within Indian Country. EPA will 
retain authority for administering the federal sewage sludge management 
program within Indian Country.

Availability of State Submittal

    North Carolina's submittal may be reviewed by the public from 8:00 
a.m. to 4:00 p.m., Monday through Friday, excluding holidays, at the 
North Carolina Department of Environment, Health, and Natural 
Resources, Division of Water Quality; 512 North Salisbury Street, 
Raleigh, North Carolina 27604-1148 or at the EPA Regional Office in 
Atlanta, Georgia, at the address appearing earlier in this notice.
    Copies of the submittal may be obtained at a cost of $0.25 per page 
by check made payable to the North Carolina Department of Environment,

[[Page 16807]]

Health and Natural Resources. Requests for copies should be addressed 
to Mr. Donald Safrit, North Carolina Department of Environment, Health 
and Natural Resources at the address provided above or at telephone 
number (919) 733-5083 ext. 519.

EPA's Decision

    After the close of the public comment period, EPA will decide 
whether to approve or disapprove North Carolina's sludge management 
program. The decision will be based on the requirements of Section 405 
of the CWA and EPA regulations promulgated thereunder.
    If the North Carolina program is approved, EPA will so notify the 
State. Notice will be published in the Federal Register and, as of the 
date of program approval, EPA will suspend issuance of sludge 
management permits in North Carolina (except, as discussed above, for 
those dischargers in ``Indian Country''). The State's program will 
operate in lieu of the EPA-administered program. However, EPA will 
retain the right, among other things, to object to Sludge permits 
proposed to be issued by North Carolina and to take enforcement actions 
for violations.
    If EPA disapproves North Carolina's sludge management program, EPA 
will notify the State of the reasons for disapproval and of any 
revisions or modifications to the State program that are necessary to 
obtain approval.

Review Under Regulatory Flexibility Act and Executive Order 12866

    Under the Regulatory Flexibility Act, EPA is required to prepare a 
Regulatory Flexibility Analysis for all rules that may have a 
significant impact on a substantial number of entities. The proposed 
approval of the North Carolina sludge management program does not alter 
the regulatory control over any industrial category. No new substantive 
requirements are established by this action. Therefore, I hereby 
certify that because this notice does not have a significant impact on 
a substantial number of small entities, a Regulatory Flexibility 
Analysis is not needed.
    It has been determined that this rule is not a ``significant 
regulatory action'' under the terms of Executive Order 12866 and is 
therefore not subject to the Office of Management and Budget's review.

    Dated: March 26, 1997.
A. Stanley Meiburg,
Acting Regional Administrator, Environmental Protection Agency, Region 
4.
[FR Doc. 97-8671 Filed 4-7-97; 8:45 am]
BILLING CODE 6560-50-P