§ 143-215.77A. Designation of hazardous substances and determination of quantities which may be harmful. - North Carolina Statutes

§ 143‑215.77A. Designation of hazardous substances and determination of quantities which maybe harmful.

(a)        Those substances designated as hazardous as of June 1, 1980,by the Administrator of the United States Environmental Protection Agency under33 U.S.C. 1321(b)(2)(A) are designated as hazardous substances for purposes ofthis Article.

(b)        Such quantities of hazardous substances as may be harmful asdetermined as of June 1, 1980, by the Administrator of the United StatesEnvironmental Protection Agency under 33 U.S.C. 1321(b)(4) are quantities whichmay be harmful for purposes of this Article.

(c)        Changes by Administrator of the United States EnvironmentalProtection Agency in the designation of hazardous substances and thedetermination of quantities which may be harmful shall be deemed to be made tothe designation of hazardous substances and the determination of quantities forpurposes of this Article, unless the Commission objects within 120 days ofpublication of the action in the Federal Register. The Commission may object toa change by the Administrator on the basis that the change is not consistentwith the standards for determining hazardous substances or harmful quantities.Upon objection by the Commission to a change, the Commission shall initiaterule‑making proceedings on the change. The change will not be madepending the hearing and a final determination by the Commission. After thehearing, the Commission may reject the change upon a finding that the change isnot consistent with the standards for determining hazardous substances orharmful quantities. (1979, 2nd Sess.,c. 1209, s. 3; 1987, c. 827, s. 190.)