[Federal Register Volume 67, Number 40 (Thursday, February 28, 2002)]
[Rules and Regulations]
[Pages 9218-9221]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-4644]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 271

[FRL-7150-6]


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 April 29, 2002 
unless EPA receives adverse written comment by April 1, 2002. 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 Narindar Kumar, Chief RCRA Programs 
Branch, Waste Management Division, U.S. Environmental Protection 
Agency, Atlanta Federal Center, 61 Forsyth Street, SW Atlanta, GA, 
30303-3104; (404) 562-8440. You can view and copy North Carolina's 
application from 9 a.m. to 4 p.m. at the following addresses: North 
Carolina Department of Environment, Health and Natural Resources, P.O. 
Box 27687, 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.

FOR FURTHER INFORMATION CONTACT: Narindar Kumar, Chief RCRA Programs 
Branch, Waste Management Division, U.S. Environmental Protection 
Agency, Atlanta Federal Center, 61 Forsyth Street, SW., Atlanta, GA, 
30303-3104; (404) 562-8440.

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 application to revise its 
authorized

[[Page 9219]]

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 application. 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 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. North Carolina most recently received authorization for revisions 
to its program on August 25, 1999 (64 FR 46298) effective October 25, 
1999.

G. What Changes Are We Authorizing With Today's Action?

    On April 05, 2000, North Carolina submitted a final complete 
program revision application, seeking authorization of their changes in 
accordance with 40 CFR 271.21. We now make an immediate final decision, 
subject to receipt of written comments that oppose this action, that 
North Carolina's hazardous waste program revision satisfies all of the 
requirements necessary to qualify for Final authorization. Therefore, 
we grant North Carolina Final authorization for the following program 
changes:

------------------------------------------------------------------------
                                                      Analogous state
      Federal requirement        Federal Register      authority \1\
------------------------------------------------------------------------
Military Munitions Rule:        02/12/1997.......  NCGS Sec.  130A-
 Hazardous Waste                62 FR 6622.......   294(c)(1), NCGS Sec.
 Identification and                                  130A-294(c)(2),NCGS
 Management; Explosive                              Sec.  130A-294(c)(5)
 Emergencies; Manifest                              ,NCGS Sec.  130A-
 Exemptions for Transport of                        294(c)(6), NCGS Sec.
 Hazardous Waste on Right-of-                        130A-294(c)(7),NCGS
 Ways on Contiguous Properties                      Sec.  130A-294(c)(14
 Checklist 156.                                     ),NCGS Sec.  130A-
                                                    294(c)(15),NCGS Sec.
                                                     130A-294(d),NCGS
                                                    Sec.  150B-21.6,15A
                                                    NCAC 13A.0102(b),
                                                    15A NCAC
                                                    13A.0106(a), 15A
                                                    NCAC 13A.0107(a),
                                                    15A NCAC
                                                    13A.0107(b), 15A
                                                    NCAC 13A.0108(a),
                                                    15A NCAC
                                                    13A.0109(b), 15A
                                                    NCAC 13A.0109(f),
                                                    15A NCAC
                                                    13A.0109(z),15A NCAC
                                                    13A.0110(a),15A NCAC
                                                    13A.0110(e),15A NCAC
                                                    13A.0110(w),15A NCAC
                                                    13A.0111(e),15A NCAC
                                                    13A.0113(a),15A NCAC
                                                    13A.0113(g).
Land Disposal Restrictions      07/14/1997.......  15A NCAC 13A.0112(b).
 Phase III Emergency Extension  52 FR 37699......
 of the K088 National
 Variance, Amendment Checklist
 160.

[[Page 9220]]

 
Emergency Revision of the       08/28/1997.......  15A NCAC 13A.0112(c).
 Carbamate Land Disposal        62 FR 45568......
 Restrictions Checklist 161.
Clarification of Standards for  12/05/1997.......  15A NCAC 13A.0112(c).
 Hazardous Waste LDR Treatment  62 FR 64504......
 Variances; Checklist 162.
Organic Air Emission Standards  12/08/1997.......  15A NCAC
 for Tanks, Surface             62 FR 64636......   13A.0109(c),15A NCAC
 Impoundments, and Containers;                      13A.0109(f),15A NCAC
 Clarification and Technical                        13A.0109(v),15A NCAC
 Amendment; Checklist 163.                          13A.0109(w),15A NCAC
                                                    13A.0109(x),15A NCAC
                                                    13A.0110(b),15A NCAC
                                                    13A.0110(e),15A NCAC
                                                    13A.0110(s),15A NCAC
                                                    13A.0110(t),15A NCAC
                                                    13A.0110(u),15A NCAC
                                                    13A.0113(b).
Kraft Mill Steam Stripper       04/15/1998.......  15A NCAC 13A.0106(a).
 Condensate Exclusion;          63 FR 18504......
 Checklist 164.
Recycled Used Oil Management    05/06/1998.......  15A NCAC
 Standards; Technical           63 FR 24963......   13A.0106(a),15A NCAC
 Corrections and                                    13A.0118(b),15A NCAC
 Clarification; Checklist 166.                      13A.0118(c),15A NCAC
                                                    13A.0118(e),15A NCAC
                                                    13A.0118(f),15A NCAC
                                                    13A.0118(g),15A NCAC
                                                    13A.0118(h).
Land Disposal Restrictions      05/26/1998.......  NCGS Sec.  130A-
 Phase IV Treatment Standards   63 FR 28556......   294(c)(7), NCGS Sec.
 for Metal Wastes and Mineral                        130A-294(c)(15),NCG
 Processing Wastes; Checklist                       S Sec.  130A-
 167A.                                              294(h)(2),NCGS Sec.
                                                    150B-21.6,15A NCAC
                                                    13A.0112(a),15A NCAC
                                                    13A.0112(b),15A NCAC
                                                    13A.0112(c).
Land Disposal Restrictions      05/26/1998.......  NCGS Sec.  130A-
 Phase IV Corrections;          63 FR 28556......   294(c)(7),NCGS Sec.
 Checklist 167C.                                    130A-294(c)(15),NCGS
                                                    Sec.  130A-294(h)(2)
                                                    ,NCGS Sec.  150B-
                                                    21.6,15A NCAC
                                                    13A.0112(a),15A NCAC
                                                    13A.0112(c),15A NCAC
                                                    13A.0112(e).
Mineral Processing Secondary    05/26/1998.......  NCGS Sec.  130A-
 Materials Exclusion;           63 FR 28556......   294(c)(1),CGS Sec.
 Checklist 167D.                                    130A-294(c)(15),
                                                    NCGS Sec.  150B-
                                                    21.6,15A NCAC
                                                    13A.0106(a).
Bevill Exclusion Revisions and  05/26/1998.......  NCGS Sec.  130A-
 Clarifications; Checklist      63 FR 28556......   294(c)(1),NCGS Sec.
 167E.                                              130A-294(c)(15),NCGS
                                                    Sec.  150B-21.6,15A
                                                    NCAC 13A.0106(a).
Exclusion of Recycled Wood      05/26/1998.......  NCGS Sec.  130A-
 Preserving Wastewaters.        63 FR 28556......   294(c)(1),NCGS Sec.
                                                    130A-294(c)(15),NCGS
                                                    Sec.  150B-21.6,15A
                                                    NCAC 13A.0106(a).
------------------------------------------------------------------------
\1\ The North Carolina provisions are from the North Carolina Hazardous
  Waste Management Rules, 15A NCAC 13A, April 1, 1999, unless otherwise
  stated.

H. 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. At the time the State Program is approved in the new 
areas, EPA will suspend issuance of Federal permits in the State and 
terminate those Federal permits issued pursuant to 40 CFR 124.5 and 
271.8 upon effectiveness of equivalent state permit conditions. EPA 
will also transfer any pending permit applications, completed permits, 
or pertinent file information to the State within thirty (30) days of 
the approval of the State Program in conformance with the conditions of 
this agreement. 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.

I. 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 PP for this authorization of North 
Carolina's program until a later date.

J. How Does Today's Action Affect Indian Country (18 U.S.C. 115) in 
North Carolina?

    North Carolina has not requested authorization to carry out its 
hazardous waste program in Indian Country within the State, which 
includes the Cherokee Indian Nation, and therefore is not authorized to 
carry out its hazardous waste program in Indian Country within the 
State. As a result, this action has no effect on Indian Country. EPA 
will continue to implement and administer the RCRA program in these 
lands.

K. 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 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 (Pub. L. 104-4). For the same reason, this 
action does not have tribal implications within the meaning of 
Executive Order 13175 (65 FR 67249, November 6, 2000). It does not have 
substantial direct effects on tribal governments, on the relationship 
between the Federal government and the Indian tribes, or on the 
distribution of power and responsibilities between the Federal 
government and Indian tribes, as specified in Executive Order

[[Page 9221]]

13175. 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 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 April 29, 2002.

List of Subjects in 40 CFR Part 271

    Environmental protection, Administrative practice and procedure, 
Confidential business information, Hazardous waste, Hazardous waste 
transportation, Indian 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: September 18, 2001.
A. Stanley Meiburg,
Acting Regional Administrator, Region IV.
[FR Doc. 02-4644 Filed 2-27-02; 8:45 am]
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