[Federal Register Volume 61, Number 81 (Thursday, April 25, 1996)]
[Rules and Regulations]
[Pages 18284-18286]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-10101]



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ENVIRONMENTAL PROTECTION AGENCY
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.

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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 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.

[[Page 18285]]



                                                                                                                
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           Federal requirement              HSWA or FR reference        Promulgation           State authority  
----------------------------------------------------------------------------------------------------------------
CHECKLIST 125 Boilers and Industrial       58 FR 38816..........  July 20, 1993...........  N.C.G.S. 130A-      
 Furnaces; Changes for Consistency with                                                      294(c)(1)          
 New Air Regulations.                                                                       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       58 FR 46040..........  Aug. 31, 1993...........  N.C.G.S. 130A-      
 Activities.                                                                                 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       58 FR 59598..........  Nov. 9, 1993............  N.C.G.S. 130A-      
 Furnaces; Administrative Stay and                                                           294(c)(1)          
 Interim Standards for Bevill Residues.                                                     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        59 FR 458............  Jan. 4, 1994............  N.C.G.S. 130A-      
 Chlorophenolic Formulations in Wood                                                         294(c)(1)          
 Surface Protection.                                                                        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      59 FR 8362...........  Feb. 18, 1994...........  N.C.G.S. 130A-      
 Exemption for Small Scale Treatability                                                      294(c)(1)          
 Studies.                                                                                   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            59 FR 10550..........  Mar. 4, 1994............  N.C.G.S. 130A-294(b)
 Management Standards; Technical                                                            N.C.G.S. 130A-      
 Amendments and Correction II.                                                               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:   59 FR 13891..........  Mar. 24, 1994...........  N.C.G.S. 130A-      
 Technical Amendments.                                                                       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;     59 FR 28484..........  June 2, 1994............  N.C.G.S. 130A-      
 Correction.                                                                                 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)

[[Page 18286]]

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