# North Carolina; Final Authorization of Revisions to State Hazardous Waste Management Program > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/fr%3A94-20686 ## Record - **Collection:** Federal Register - **Document type:** Uncategorized Document - **Published:** August 23, 1994 ## Text 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. ----------------------------------------------------------------------- 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] BILLING CODE 6560-50-P --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3A94-20686. Public record. Not legal advice.