18284 Federal Register / Vol. 61, No. 81 / Thursday, April 25, 1996 / Rules and Regulations

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: April 4, 1996.

John H. Hankinson, Jr.,

Regional Administrator.

[FR Doc. 96–10102 Filed 4–24–96; 8:45 am]

BILLING CODE 6560–50–P

40 CFR Part 271

[FRL–5459–1]

North Carolina; Final Authorization of

Revisions to State Hazardous Waste

Management Program

AGENCY: Environmental Protection

Agency.

ACTION: Immediate final rule.

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 provisions contained in

rules promulgated between July 1, 1993,

and June 30, 1994, otherwise known as

RCRA Cluster IV. These requirements

are listed in Section B of this notice.

The Environmental Protection Agency

(EPA) has reviewed North Carolina’s

application and has made a decision,

subject to public review and comment,

that North Carolina’s 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 application for program

revisions is available for public review

and comment.

DATES: Final authorization for North

Carolina’s program revisions shall be

effective June 24, 1996, unless EPA

publishes a prior Federal Register

action withdrawing this immediate final

rule. All comments on North Carolina’s

program revision application must be

received by the close of business, May

28, 1996.

ADDRESSES: Copies of North Carolina’s

program revision application are

available during normal business hours

at the following addresses for inspection

and copying: North Carolina

Department of Environment, Health,

and Natural Resources, P.O. Box 27687,

Raleigh, North Carolina 27611–7687;

U.S. EPA Region 4, 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 260–

268 and 124 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

November 27, 1995, for the provisions

of RCRA Cluster III. Today, North

Carolina is seeking approval of

additional program revisions in

accordance with 40 CFR 271.21(b)(3).

EPA has reviewed North Carolina’s

application 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 May 28, 1996.

Copies of North Carolina’s application

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 June 24,

1996, 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

between July 1, 1993, and June 30, 1994.
Federal Register / Vol. 61, No. 81 / Thursday, April 25, 1996 / Rules and Regulations 18285

Federal requirement HSWA or FR

reference Promulgation State authority

CHECKLIST 125 Boilers and Industrial Furnaces; Changes for Consistency with New Air Regulations.58 FR 38816 .... July 20, 1993 ......... N.C.G.S. 130A–294(c)(1)

N.C.G.S. 130A–294(c)(7)

N.C.G.S. 130A–294(c)(15)

N.C.G.S. 150B–21.6

15A NCAC 13A.0001(e)

15A NCAC 13A.0011(e)

15A NCAC 13A.0011(f)

CHECKLIST 126 Testing and Monitoring Activities ........................... 58 FR 46040 .... Aug. 31, 1993 ........ N.C.G.S. 130A–294(c)(1)

N.C.G.S. 130A–294(c)(1a)

N.C.G.S. 130A–294(c)(2)

N.C.G.S. 130A–294(c)(7)

N.C.G.S. 130A–294(c)(14)

N.C.G.S. 130A–294(c)(15)

N.C.G.S. 150B–21.6

15A NCAC 13A.0001(e)

15A NCAC 13A.0003(b)

15A NCAC 13A.0006(c)

15A NCAC 13A.0006(e)

15A NCAC 13A.0009(k)

15A NCAC 13A.0009(o)

15A NCAC 13A.0010(n)

15A NCAC 13A.0010(j)

15A NCAC 13A.0012(a)

15A NCAC 13A.0012(c)

15A NCAC 13A.0012(e)

15A NCAC 13A.0013(a)

15A NCAC 13A.0013(b)

15A NCAC 13A.0013(i)

CHECKLIST 127 Boilers and Industrial Furnaces; Administrative

Stay and Interim Standards for Bevill Residues.

58 FR 59598 .... Nov. 9, 1993 .......... N.C.G.S. 130A–294(c)(1)

N.C.G.S. 130A–294(c)(7)

N.C.G.S. 130A–294(c)(15)

N.C.G.S. 150B–21.6

15A NCAC 13A.0011(e)

15A NCAC 13A.0011(f)

CHECKLIST 128 Waste from the use of Chlorophenolic Formulations in Wood Surface Protection.59 FR 458 ........ Jan. 4, 1994 ........... N.C.G.S. 130A–294(c)(1)

N.C.G.S. 130A–294(c)(15)

N.C.G.S. 150B–21.6

15A NCAC 13A.0001(e)

15A NCAC 13A.0006(e)

CHECKLIST 129 Revision of Conditional Exemption for Small Scale

Treatability Studies.

59 FR 8362 ...... Feb. 18, 1994 ........ N.C.G.S. 130A–294(c)(1)

N.C.G.S. 130A–294(c)(15)

N.C.G.S. 150B–21.6

15A NCAC 13A.0006(a)

CHECKLIST 130 Recycled Used Oil Management Standards; Technical Amendments and Correction II.59 FR 10550 .... Mar. 4, 1994 .......... N.C.G.S. 130A–294(b)

N.C.G.S. 130A–294(c)(1)

N.C.G.S. 130A–294(c)(15)

N.C.G.S. 150B–21.6

15A NCAC 13A.0018(a)

15A NCAC 13A.0018(b)

15A NCAC 13A.0018(c)

15A NCAC 13A.0018(e)

15A NCAC 13A.0018(f)

15A NCAC 13A.0018(g)

CHECKLIST 131 Recordkeeping Instruction: Technical Amendments.59 FR 13891 .... Mar. 24, 1994 ........ N.C.G.S. 130A–294(c)(2)

N.C.G.S. 130A–294(c)(15)

N.C.G.S. 150B–21.6

15A NCAC 13A.0009(y)

15A NCAC 13A.0010(v)

CHECKLIST 132 Wood Surface Protection; Correction .................... 59 FR 28484 .... June 2, 1994 .......... N.C.G.S. 130A–294(c)(1)

N.C.G.S. 130A–294(c)(15)

N.C.G.S. 150B–21.6

15A NCAC 13A.0001(e)

CHECKLIST 133 Letter of Credit Revision ........................................ 59 FR 29958 .... June 10, 1994 ........ N.C.G.S. 130A–294(c)(7)

N.C.G.S. 130A–294(c)(10)

N.C.G.S. 130A–294(c)(15)

N.C.G.S. 150B–21.6

15A NCAC 13A.0009(i)
18286 Federal Register / Vol. 61, No. 81 / Thursday, April 25, 1996 / Rules and Regulations

Federal requirement HSWA or FR

reference Promulgation State authority

CHECKLIST 134 Correction of Beryllium Powder (PO15) Listing ..... 59 FR 31551 .... June 20, 1994 ........ N.C.G.S. 130A–294(c)(1)

N.C.G.S. 130A–294(c)(7)

N.C.G.S. 130A–294(c)(15)

N.C.G.S. 150B–21.6

15A NCAC 13A.0006(d)

15A NCAC 13A.0006(e)

15A NCAC 13A.0012(c)

C. Decision

I conclude that North Carolina’s

application for these program revisions

meets 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.

Unfunded Mandates Reform Act

Title II of the Unfunded Mandates

Reform Act of 1995 (UMRA), Public

Law 104–4, establishes requirements for

Federal agencies to assess the effects of

their regulatory actions on State, local,

and tribal governments and the private

sector. Under section 202 of the UMRA,

EPA generally must prepare a written

statement, including a cost-benefit

analysis, for proposed and final rules

with ‘‘Federal mandates’’ that may

result in expenditures to State, local,

and tribal governments, in the aggregate,

or to the private sector, of $100 million

or more in any one year. When a written

statement is needed for an EPA rule,

section 205 of the UMRA generally

requires EPA to identify and consider a

reasonable number of regulatory

alternatives and adopt the least costly,

most cost-effective or least burdensome

alternative that achieves the objectives

of the rule. The provisions of section

205 do not apply when they are

inconsistent with applicable law.

Moreover, section 205 allows EPA to

adopt an alternative other than the least

costly, most cost-effective or least

burdensome alternative if the

Administrator publishes with the final

rule an explanation why that alternative

was not adopted. Before EPA establishes

any regulatory requirements that may

significantly or uniquely affect small

governments, including tribal

governments, it must have developed

under section 203 of the UMRA a small

government agency plan. The plan must

provide for notifying potentially

affected small governments, giving them

meaningful and timely input in the

development of EPA regulatory

proposals with significant Federal

intergovernmental mandates, and

informing, educating, and advising them

on compliance with the regulatory

requirements.

EPA has determined that this rule

does not contain a Federal mandate that

may result in expenditures of $100

million or more for State, local and

tribal governments, in the aggregate, or

the private sector in any one year. EPA

does not anticipate that the approval of

North Carolina’s hazardous waste

program referenced in today’s notice

will result in annual costs of $100

million or more.

EPA’s approval of state programs

generally has a deregulatory effect on

the private sector because once it is

determined that a state hazardous waste

program meets the requirements of

RCRA section 3006(b) and the

regulations promulgated thereunder at

40 CFR Part 271, owners and operators

of hazardous waste treatment, storage,

or disposal facilities (TSDFs) may take

advantage of the flexibility that an

approved state may exercise. Such

flexibility will reduce, not increase

compliance costs for the private sector.

Thus, today’s rule is not subject to the

requirements of sections 202 and 205 of

the UMRA.

EPA has determined that this rule

contains no regulatory requirements that

might significantly or uniquely affect

small governments. The Agency

recognizes that small governments may

own and/or operate TSDFs that will

become subject to the requirements of

an approved state hazardous waste

program. However, such small

governments which own and/or operate

TSDFs are already subject to the

requirements in 40 CFR Parts 264, 265,

and 270. Once EPA authorizes a state to

administer its own hazardous waste

program and any revisions to that

program, these same small governments

will be able to own and operate their

TSDFs with increased levels of

flexibility provided under the approved

state program.

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

Environmental protection,

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: April 4, 1996.

Phyllis P. Harris,

Acting Regional Administrator.

[FR Doc. 96–10101 Filed 4–24–96; 8:45 am]

BILLING CODE 6560–50–P