NC Register Volume 21 Issue 09 - Office of Administrative Hearings

PROPOSED RULES
store manager and the state agency. The store may request such
one-time payment directly from the state agency. The store
manager shall sign an agreement indicating that the store has
provided foods as prescribed on the food instrument, charged
current shelf prices or less than current shelf prices, not charged
sales tax, and verified the identity of the WIC customer. Any
agreement entered into in this manner shall automatically
terminate upon payment of the food instrument in question.
After entering into an agreement for a one-time payment, a nonauthorized
store shall not be allowed to enter into any further
one-time payment agreements for WIC food instruments
accepted thereafter.
(r) Except as provided in 7 C.F.R. 246.18(a)(2), an authorized
WIC vendor shall be given at least 15 days advance written
notice of any adverse action which affects the vendor's
participation in the WIC Program. The vendor appeal
procedures shall be in accordance with 10A NCAC 43D .0800.
Authority G.S. 130A-361; 7 C.F.R. 246; 42 U.S.C. 1786.
TITLE 15A – DEPARTMENT OF ENVIRONMENT AND
NATURAL RESOURCES
Notice is hereby given in accordance with G.S. 150B-21.2 that
the Commission for Health Services intends to amend the rule
cited as 15A NCAC 13A .0106.
Proposed Effective Date: April 1, 2007
Public Hearing:
Date: December 7, 2006
Time: 10:00 a.m.
Location: The Cardinal Room, 5605 Corner of Six Forks Road
and Millbrook Road
Reason for Proposed Action: Previously adopted 40 CFR
261.38 of subpart D is moved to subpart E. A new Subpart E,
"Exclusions/Exemptions" – which adds 40 CFR 261.40, and
261.41 to subpart E is adopted by reference to provide
conditional exclusions from the federal hazardous waste
management standards for Cathode Ray Tubes (CRTs) and CRT
glass destined for recycling. The additional provisions will
allow an increase to the collection and recycling of CRTs; and
reduce the amount of lead in landfills by allowing the lead to be
reused to make new CRT glass or be sent to lead smelters.
Procedure by which a person can object to the agency on a
proposed rule: Objections may be filed in writing by
contacting: Elizabeth W. Cannon, Chief, Hazardous Waste
Section, 1646 Mail Service Center, Raleigh, N.C. 27699-1646.
Written objections to the proposed text of the Rule published in
the North Carolina Register shall be specific. All comments and
written exceptions for or against the proposed text of the Rule
will be considered.
Comments may be submitted to: Elizabeth W. Cannon, Chief,
Hazardous Waste Section, 1646 Mail Service Center, Raleigh,
NC 27699-1646, phone (919) 508-8534, fax (919) 715-3605,
email Elizabeth.Cannon@ncmail.net.
Comment period ends: January 1, 2007
Procedure for Subjecting a Proposed Rule to Legislative
Review: If an objection is not resolved prior to the adoption of
the rule, a person may also submit written objections to the
Rules Review Commission. If the Rules Review Commission
receives written and signed objections in accordance with G.S.
150B-21.3(b2) from 10 or more persons clearly requesting
review by the legislature and the Rules Review Commission
approves the rule, the rule will become effective as provided in
G.S. 150B-21.3(b1). The Commission will receive written
objections until 5:00 p.m. on the day following the day the
Commission approves the rule. The Commission will receive
those objections by mail, delivery service, hand delivery, or
facsimile transmission. If you have any further questions
concerning the submission of objections to the Commission,
please call a Commission staff attorney at 919-733-2721.
Fiscal Impact:
State
Local
Substantive (>$3,000,000)
None
CHAPTER 13 – SOLID WASTE MANAGEMENT
SUBCHAPTER 13A - HAZARDOUS WASTE
MANAGEMENT
SECTION .0100 - HAZARDOUS WASTE
15A NCAC 13A .0106 IDENTIFICATION AND
LISTING OF HAZARDOUS WASTES - PART 261
(a) 40 CFR 261.1 through 261.9 (Subpart A), "General", are
incorporated by reference including subsequent amendments and
editions.
(b) 40 CFR 261.10 through 261.11 (Subpart B), "Criteria for
Identifying the Characteristics of Hazardous Waste and for
Listing Hazardous Waste", are incorporated by reference
including subsequent amendments and editions.
(c) 40 CFR 261.20 through 261.24 (Subpart C), "Characteristics
of Hazardous Waste" are incorporated by reference including
subsequent amendments and editions.
(d) 40 CFR 261.30 through 261.38 261.37 Subpart D), "Lists of
Hazardous Wastes" are incorporated by reference including
subsequent amendments and editions.
(e) 40 CFR 261.38 through 261.41 (Subpart E),
"Exclusions/Exemptions" are incorporated by reference
including subsequent amendments and editions.
(f)(e) The Appendices to 40 CFR Part 261 are incorporated by
reference including subsequent amendments and editions.
Authority G.S. 130A-294(c); 150B-21.6.
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