North Carolina; Final Authorization of Revisions to State Hazardous Waste Management Program

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 271

[FRL-5055-4]

North Carolina; Final Authorization of Revisions to State

Hazardous Waste Management Program

AGENCY: Environmental Protection Agency.

ACTION: Immediate Final Rule, Affirmation.

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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 Boilers and Industrial Furnaces Rule (BIF) promulgated

February 21, 1991, the Technical Amendments for BIF promulgated July

17, 1991, and August 17, 1991, and the Administrative Stay promulgated

September 5, 1991. The Environmental Protection Agency reviewed North

Carolina's applications and published an Immediate Final Rule (IFR) on

June 23, 1994, to authorize North Carolina for these revisions. EPA

received several comments from the public on the IFR decision during

the public comment period. This notice responds to those public

comments and reaffirms the decision to grant North Carolina final

authorization for the above-mentioned revisions.

EFFECTIVE DATE: Final authorization for North Carolina's program

revisions shall be effective August 22, 1994.

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

(Public Law 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.

On June 23, 1994, EPA published an Immediate Final Rule announcing

its decision to grant North Carolina final authorization for revisions

to its hazardous waste management program. Further background on the

Immediate Final Rule to grant authorization appears at 59 FR 32377,

June 23, 1994. Along with the Immediate Final decision, EPA announced

the availability of the application and other materials for public

comment.

Twelve (12) letters containing written comments were received

during the public comment period. Most commenters expressed opposition

to EPA's Immediate Final decision. Virtually all who opposed the

decision objected because of concerns they have with North Carolina's

largest commercial BIF. Individual letters containing responses to

these facility specific concerns have been mailed to the commenters.

Significant authorization issues raised by the commenters and EPA's

responses are summarized below.

B. Comments/Response

Comment: Several commenters stated that Region IV had referred

violations by BIF's to the North Carolina Department of Environment,

Health, and Natural Resources (DEHNR) for enforcement, yet no

enforcement action was taken on matters referred.

Response: EPA Region IV is not aware of any BIF violations for any

facility in the State of North Carolina that were referred to DEHNR and

in which DEHNR failed to take appropriate action. To date, EPA has not

discovered any violations of the BIF rule at the commercial BIF

mentioned by the commenters. As part of EPA's oversight role, a joint

inspection with the State is scheduled for the facility in question in

the near future.

Comment: Several commenters stated that North Carolina does not

have adequate resources to administer the BIF requirements.

Response: EPA has thorougly and carefully evaluated North

Carolina's hazardous waste management program and is confident that

North Carolina does in fact have the resources to administer the BIF

requirements. North Carolina maintains a competent combustion

permitting staff who are already actively involved in BIF permitting.

North Carolina was one of the first States to accept responsibility for

compliance inspections at small quantity burner facilities. The State

maintains an on-site inspector program at commercial facilities,

including the commercial BIF facility mentioned by commenters. North

Carolina has already made significant progress in the implementation of

the BIF rule. It should also be noted that North Carolina's regulatory

authority for BIFs is identical to the federal authority. North

Carolina adopts EPA hazardous waste regulations by reference.

Therefore, North Carolina will enforce equivalent standards for BIFs

within the State.

Comment: Several commenters stated that because North Carolina

relies on a commercial BIF to meet its Capacity Assurance Plan (CAP),

North Carolina DEHNR officials have indicated that this facility will

obtain a BIF permit if North Carolina administers the program. The

commenters felt that this prejudgment does not bode well for the

State's willingness to act as a neutral regulator in the BIF permitting

process.

Response: EPA's decision to grant North Carolina final

authorization for the BIF rule does not constitute determination by the

Agency or North Carolina on any permit application(s) pertaining to

this facility. North Carolina included the facility in its Capacity

Assurance Plan at the request of EPA. EPA requested North Carolina

include all commercial capacity that was operating by the end of 1993

regardless of the facility's future status. North Carolina's CAP

included all capacity the facility identified as coming on-line in the

future. This does not reflect on North Carolina permitting intentions

in any way.

C. Decision

After reviewing and responding to the public comments received on

the initial Final Determination to authorize North Carolina for the BIF

regulations, I affirm my conclusion that North Carolina's revisions

meet 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 described in its program revision

application, subject to the limitations of HSWA, the Memorandum of

Agreement, and this notice. 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

Section 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.

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

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: August 12, 1994.

Winston A. Smith,

Acting Regional Administrator.

[FR Doc. 94-20686 Filed 8-22-94; 8:45 am]

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