[Federal Register: March 23, 2005 (Volume 70, Number 55)]
[Rules and Regulations]
[Page 14556-14559]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr23mr05-9]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 271
[FRL-7888-3]
North Carolina: Final Authorization of State Hazardous Waste
Management Program Revision
AGENCY: Environmental Protection Agency (EPA).
ACTION: Immediate final rule.
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SUMMARY: North Carolina has applied to EPA for Final authorization of
the changes to its hazardous waste program under the Resource
Conservation and Recovery Act (RCRA). EPA has determined that these
changes satisfy all requirements needed to qualify for Final
authorization, and is authorizing the State's changes through this
immediate final action. EPA is publishing this rule to authorize the
changes without a prior proposal because we believe this action is not
controversial and do not expect comments that oppose it. Unless we get
written comments which oppose this authorization during the comment
period, the decision to authorize North Carolina's changes to their
hazardous waste program will take effect. If we get comments that
oppose this action, we will publish a document in the Federal Register
withdrawing this rule before it takes effect and a separate document in
the proposed rules section of this Federal Register will serve as a
proposal to authorize the changes.
DATES: This Final authorization will become effective on May 23, 2005,
unless EPA receives adverse written comment by April 22, 2005. If EPA
receives such comment, it will publish a timely withdrawal of this
immediate final rule in the Federal Register and inform the public that
this authorization will not take effect.
ADDRESSES: Send written comments to Thornell Cheeks, North Carolina
Authorizations Coordinator, RCRA Programs Branch, Waste Management
Division, U.S. Environmental Protection Agency, Atlanta Federal Center,
61 Forsyth Street, SW., Atlanta, GA 30303-3104; (404) 562-8479. You may
also e-mail your comments to Cheeks.Thornell@epa.gov or submit your
comments at http://www.regulation.gov. Copies of North Carolina's
applications may be viewed from 9 a.m. to 4 p.m. at the following
addresses: North Carolina Department of Environment and Natural
Resources, 401 Oberlin Rd., Suite 150, Raleigh, North Carolina 29201,
(919)733-2178; and EPA Region 4, Atlanta Federal Center, Library, 61
Forsyth Street, SW., Atlanta, Georgia 30303; (404) 562-8190, John
Wright, Librarian.
FOR FURTHER INFORMATION CONTACT: Thornell Cheeks, North Carolina
Authorizations Coordinator, RCRA Programs Branch, Waste Management
Division, U.S. Environmental Protection Agency, Atlanta Federal Center,
61 Forsyth Street, SW., Atlanta, GA 30303-3104; (404) 562-8479.
SUPPLEMENTARY INFORMATION:
A. Why Are Revisions to State Programs Necessary?
States which have received final authorization from EPA under RCRA
section 3006(b), 42 U.S.C. 6926(b), must maintain a hazardous waste
program that is equivalent to, consistent with, and no less stringent
than the Federal program. As the Federal program changes, States must
change their programs and ask EPA to authorize the changes. Changes to
State programs may be necessary when Federal or State statutory or
regulatory authority is modified or when certain other changes occur.
Most commonly, States must change their programs because of changes to
EPA's regulations in 40 Code of Federal Regulations (CFR) parts 124,
260 through 266, 268, 270, 273 and 279.
B. What Decisions Have We Made in This Rule?
We conclude that North Carolina's applications to revise its
authorized program meets all of the statutory and regulatory
requirements established by RCRA. Therefore, we grant North Carolina
Final authorization to operate its hazardous waste program with the
changes described in the authorization applications. North Carolina has
responsibility for permitting Treatment, Storage, and Disposal
Facilities (TSDFs) within its borders (except in Indian Country) and
for carrying out the aspects of the RCRA program described in its
revised program application, subject to the limitations of the
Hazardous and Solid Waste Amendments of 1984 (HSWA). New Federal
requirements and prohibitions imposed by Federal regulations that EPA
promulgates under the authority of HSWA take effect in authorized
States before they are authorized for the requirements. Thus, EPA will
implement those requirements and prohibitions in North Carolina,
including issuing permits, until the State is granted authorization to
do so.
C. What Is the Effect of Today's Authorization Decision?
The effect of this decision is that a facility in North Carolina
subject to RCRA will now have to comply with the authorized State
requirements instead of the equivalent Federal requirements in order to
comply with RCRA. North Carolina has enforcement responsibilities under
its State hazardous waste program for violations of such program, but
EPA retains its authority under RCRA sections 3007, 3008, 3013, and
7003, which include, among others, authority to:
Do inspections, and require monitoring, tests, analyses or
reports.
Enforce RCRA requirements and suspend or revoke permits.
Take enforcement actions regardless of whether the State
has taken its own actions.
This action does not impose additional requirements on the
regulated community because the regulations for which North Carolina is
being authorized by today's action are already effective, and are not
changed by today's action.
D. Why Wasn't There a Proposed Rule Before Today's Rule?
EPA did not publish a proposal before today's rule because we view
this as a routine program change and do not expect comments that oppose
this approval. We are providing an opportunity for public comment now.
In addition to this rule, in the proposed rules section of today's
Federal Register we are publishing a separate document that proposes to
authorize the State program changes.
E. What Happens if EPA Receives Comments That Oppose This Action?
If EPA receives comments that oppose this authorization, we will
withdraw this rule by publishing a document in the Federal Register
before the rule becomes effective. EPA will base any further decision
on the authorization of the State program changes on the proposal
mentioned in the previous paragraph. We will then address all public
comments in a later final rule. You may not have another opportunity to
comment. If you want to comment on this authorization, you must do so
at this time.
If we receive comments that oppose only the authorization of a
particular change to the State hazardous waste program, we will
withdraw that part of this rule but the authorization of the program
changes that the comments do not oppose will become effective on the
date specified above. The Federal
[[Page 14557]]
Register withdrawal document will specify which part of the
authorization will become effective, and which part is being withdrawn.
F. What Has North Carolina Previously Been Authorized for?
North Carolina initially received final authorization on December
14, 1984, effective December 31, 1984 (49 FR 48694) to implement its
base hazardous waste management program. We granted authorization for
changes on March 25, 1986 (51 FR 10211) effective April 8, 1986, August
5, 1988 (53 FR 1988) effective October 4, 1988, February 9, 1989 (54 FR
6290) effective April 10,1989, September 22, 1989 (54 FR 38993)
effective November 21, 1989, January 18, 1991 (56 FR 1929) effective
March 19, 1991, April 10, 1991 (56 FR 14474) effective June 9, 1991,
July 19, 1991 (56 FR 33206) effective September 17, 1991, April 27,
1992 (57 FR 15254) effective June 26, 1992, December 12, 1992 (57 FR
59825) effective February 16, 1993, June 3, 1993 (58 FR 31474)
effective June 3, 1993, January 27, 1994 (59 FR 3792) effective March
28 1994, April 4, 1994 (59 FR 15633) effective June 3, 1994, June 23,
1994 (59 FR 32378) effective August 22, 1994, November 10, 1994 (59 FR
56000) effective January 9, 1995, September 27, 1995 (60 FR 49800)
effective November 27, 1995, April 25, 1996 (61 FR 18284) effective
June 24, 1996, October 23, 1998 (63 FR 56834) effective December 22,
1998, August 25 1999 (64 FR 46298) effective October 25, 1999, and
February 28, 2002 (67 FR 9219) effective April 29, 2002. North Carolina
most recently received authorization for revisions to its program on
February 14, 2005 (69 FR 74444).]
G. What Changes Are We Authorizing With Today's Action?
On November 29, 2004 and January 31, 2005 North Carolina submitted
final complete program revision applications, seeking authorization of
their changes in accordance with 40 CFR 271.21. North Carolina's
revisions consists of provisions promulgated July 1, 2000 through June
30, 2001 (RCRA XI); July 1, 2001 through June 30, 2002,(RCRA XII); July
1, 2002 through June 30, 2003 (RCRA XIII) and July 1, 2003 through June
30, 2004 otherwise known as RCRA XIV. The rule adoption for the
provisions of RCRA XI, and XII covered in this action became effective
April 10, 2003. The rule adoption for the provisions of RCRA XIII and
XIV covered in this action became effective August 10, 2004 unless
otherwise noted. North Carolina Statutes at section150B-21.6 and
section 130A-294 allow the North Carolina Department of Environment and
Natural Resources to administer the rules governing hazardous waste
management. We now make an immediate final decision, subject to receipt
of written comments that oppose this action, that North Carolina's
hazardous waste program revisions satisfy all of the requirements
necessary to qualify for Final authorization. Therefore, we grant North
Carolina Final authorization for the following program changes:
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Analogous state
Federal requirements Federal Register authority \1\
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Hazardous Air Pollutant 65 FR 42292-42302... 15A NCAC
Standards: Technical July 10, 2000 as 13A.0106(d),
Corrections; Checklist 188, amended May 14, 15A NCAC
RCRA Cluster XI, Non-HSWA 2001. 13A.0109(q),
Provision. 66 FR 24270-24272 15A NCAC
and July 3, 2001 66 13A.0113(g).
FR 35087-35107.
Chlorinated Aliphatics 65 FR 67068-67133... 15A NCAC
Listing and LDRs for Newly November 8, 2000.... 13A.0106(d),
Identified Wastes; 15A NCAC
Checklist 189, RCRA Cluster 13A.0106(e),
XI, HSWA Provision. 15A NCAC
13A.0112(b),
15A NCAC
13A.0112(c).
Land Disposal Restrictions 65 FR 81373-81381... 15A NCAC
Phase IV--Deferral for PCBs December 26, 2000... 13A.0112(b),
in Soil; Checklist 190, 15A NCAC
RCRA Cluster XI, HSWA 13A.0112(c),
Provision. 15A NCAC
13A.0112(e).
Mixed Waste Rule; Checklist 66 FR 27218--27266.. 15A NCAC
191, RCRA Cluster XI, HSWA May 16, 2001........ 13A.0111(f).
and Non-HSWA Provision.
Mixture and Derived-From 66 FR 27266-27297... 15A NCAC
Rules Revisions; Checklist May 16, 2001........ 13A.0106(a).
192 A, RCRA Cluster XI,
HSWA and Non-HSWA Provision.
Land Disposal Restrictions 66 FR 27266-27297... 15A NCAC
Correction; Checklist 192B, May 16, 2001........ 13A.0112(e).
RCRA Cluster XI, HSWA.
Change of Official EPA 66 FR 34374-34376... 15A NCAC
Mailing Address; Checklist June 28, 2001....... 13A.0101(e).
193, RCRA Cluster XI, HSWA/
non-HSWA.
Mixture and Derived-From 66 FR 50332-50334... 15A NCAC
Rules Revision II; October 3, 2001..... 13A.0106(a).
Checklist 194, RCRA XII,
HSWA/Non-HSWA.
Inorganic Chemical 66 FR 58258-58300... 15A NCAC
Manufacturing Wastes November 20, 2001... 13A.0106(a),
Identification and Listing; 15A NCAC
Checklist 195, RCRA XII, 13A.0106(d),
HSWA/Non-HSWA. 15A NCAC
13A.0106(e),
15A NCAC
13A.0112(b),
15A NCAC
13A.0112(c).
CAMU Amendments; Checklist 67 FR 2962-3029..... 15A NCAC
196, RCRA XII, HSWA January 22, 2002.... 13A.0112(b),
Provision. 15A NCAC
13A.0109(s).
Hazardous Air Pollutant 67 FR 6792-6818..... 15A NCAC
Standards for Combusters; February 13, 2002... 13A.0109(q),
Interim Standards; 15A NCAC
Checklist 197, RCRA XII, 13A.0110(o),
HSWA/non-HSWA Provision. 15A NCAC
13A.0111(d),
15A NCAC
13A.0113(b),
15A NCAC
13A.0113(i),
15A NCAC
13A.0113(k).
Hazardous Air Pollutant 67 FR 6968-6996..... 15A NCAC
Standards for Combusters; February 14, 2002... 13A.0111(d),
Corrections; Checklist 198, 15A NCAC
RCRA XII, HSWA/non-HSWA 13A.0113(g).
Provision.
[[Page 14558]]
Vacatur of Mineral 67 FR 11251-11254... 15A NCAC
Processing Spent Materials March 13, 2002...... 13A.0106(a),
being Reclaimed as Solid 15A NCAC
Wastes and TCLP Use with 13A.0106(c).
MGP Waste; Checklist 199,
RCRA XII, HSWA/non-HSWA
Provision.
Zinc Fertilizer Rule; 67 FR 48393-48415... 15A NCAC
Checklist 200, RCRA XIII, July 24, 2002....... 13A.0106(a),
HSWA/Non-HSWA. 15A NCAC
13A.0111(a),
15A NCAC
13A.0112(c).
Treatment Variance for 67 FR 62618--62624.. ....................
Radioactivity; Checklist October 7, 2002..... 15A NCAC
201, RCRA XIII, HSWA 13A.0112(c).
Provision.
Hazardous Air Pollutant 67 FR 77687-77692... 15A NCAC
Standards for Combuster-- December 19, 2002... 13A.0113(b),
Corrections 2; Checklist 15A NCAC
202, RCRA XIII, HSWA 13A.0113(i).
Provision.
Recycled Used Oil Management 68 FR 44659-44665... 15A NCAC
Standards; Clarification; July 30, 2003....... 13A.0107(c).
Checklist 203, RCRA XIV,
Non-HSWA Provision.
Performance Track; Checklist 69 FR 21737-21754... 15A NCAC
204, RCRA XIV, Non-HSWA April 22, 2004...... 13A.0106(a),
Provision. 69 FR 62217......... 15A NCAC
October 25, 2004.... 13A.0118(b),
15A NCAC
13A.0118(h).
NESHAP: Surface Coating of 69 FR 22601-22661... 15A NCAC
Automobiles and Light Duty April 26, 2004...... 13A.0109(w),
Trucks; Checklist 205, RCRA 15A NCAC
XIV, Non-HSWA Provision. 13A.0110(t).
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\1\ The North Carolina provisions for RCRA 11 and 12 are from the North
Carolina Hazardous Waste Management Rules 15A NCAC 13A, dated April
10, 2003, unless otherwise stated. North Carolina provisions for RCRA
13 and 14 are from the North Carolina Hazardous Waste Rules 15A NCAC
13A dated August 10, 2004 unless otherwise stated.
H. Where are the Revised State Rules Different From the Federal Rules?
There are no State requirements that are more stringent or broader
in scope than the Federal requirements.
I. Who Handles Permits After the Authorization Takes Effect?
North Carolina will issue permits for all the provisions for which
it is authorized and will administer the permits it issues. EPA will
continue to administer any RCRA hazardous waste permits or portions of
permits which we issued prior to the effective date of this
authorization. We will not issue any more new permits or new portions
of permits for the provisions listed in the Table above after the
effective date of this authorization. EPA will continue to implement
and issue permits for HSWA requirements for which North Carolina is not
yet authorized.
J. How Does Today's Action Affect Indian Country (18 U.S.C. 115) in
North Carolina?
North Carolina is authorized to carry out its hazardous waste
program in Indian Country within the State, which includes the Cherokee
Indian Nation. Therefore, this action has no effect on Indian Country.
EPA will continue to implement and administer the RCRA program in these
lands.
K. What Is Codification and Is EPA Codifying North Carolina's Hazardous
Waste Program as Authorized in This Rule?
Codification is the process of placing the State's statutes and
regulations that comprise the State's authorized hazardous waste
program into the Code of Federal Regulations. We do this by referencing
the authorized State rules in 40 CFR part 272. We reserve the amendment
of 40 CFR part 272, subpart II for this authorization of North
Carolina's program changes until a later date.
L. Administrative Requirements
The Office of Management and Budget has exempted this action from
the requirements of Executive Order 12866 (58 FR 51735, October 4,
1993), and therefore this action is not subject to review by OMB. This
action authorizes State requirements for the purpose of RCRA section
3006 and imposes no additional requirements beyond those imposed by
State law. Accordingly, I certify that this action will not have a
significant economic impact on a substantial number of small entities
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because
this action authorizes pre-existing requirements under State law and
does not impose any additional enforceable duty beyond that required by
State law, it does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Public Law 104-4). For the same reason,
this action also does not significantly or uniquely affect the
communities of Tribal governments, as specified by Executive Order
13175 (65 FR 67249, November 9, 2000). This action will not have
substantial direct effects on the States, on the relationship between
the national government and the States, or on the distribution of power
and responsibilities among the various levels of government, as
specified in Executive Order 13132 (64 FR 43255, August 10, 1999),
because it merely authorizes State requirements as part of the State
RCRA hazardous waste program without altering the relationship or the
distribution of power and responsibilities established by RCRA. This
action also is not subject to Executive Order 13045 (62 FR 19885, April
23, 1997), because it is not economically significant and it does not
make decisions based on environmental health or safety risks. This rule
is not subject to Executive Order 13211, ``Actions Concerning
Regulations That Significantly Affect Energy Supply, Distribution, or
Use'' 66 FR 28355, May 22, 2001 because it is not a significant
regulatory action under Executive Order 12866.
Under RCRA 3006(b), EPA grants a State's application for
authorization as long as the State meets the criteria required by RCRA.
It would thus be inconsistent with applicable law for EPA, when it
reviews a State authorization application, to require the use of any
particular voluntary consensus standard in place of another standard
that otherwise satisfies the requirements of RCRA. Thus, the
requirements of section 12(d) of the National Technology Transfer and
Advancement Act of 1995 (15 U.S.C. 272) do not apply. As required by
Section 3 of Executive Order 12988 (61 FR 4729, February 7, 1996), in
issuing this rule, EPA has taken the necessary
[[Page 14559]]
steps to eliminate drafting errors and ambiguity, minimize potential
litigation, and provide a clear legal standard for affected conduct.
EPA has complied with Executive Order 12630 (53 FR 8859, March 15,
1988) by examining the takings implications of the rule in accordance
with the ``Attorney General's Supplemental Guidelines for the
Evaluation of Risk and Avoidance of Unanticipated Takings'' issued
under the executive order. This rule does not impose an information
collection burden under the provisions of the Paperwork Reduction Act
of 1995 (44 U.S.C. 3501 et seq.).
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this document and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication in the Federal Register. A major rule cannot take effect
until 60 days after it is published in the Federal Register. This
action is not a ``major rule'' as defined by 5 U.S.C. 804(2). This
action will be effective May 23, 2005.
List of Subjects in 40 CFR Part 271
Environmental protection, Administrative practice and procedure,
Confidential business information, Hazardous material transportation,
Hazardous waste, Indians-lands, Intergovernmental relations, Penalties,
Reporting and recordkeeping requirements.
Authority: This action 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: March 10, 2005.
A. Stanley Meiburg,
Deputy Regional Administrator, Region 4.
[FR Doc. 05-5722 Filed 3-22-05; 8:45 am]
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