[Federal Register Volume 70, Number 55 (Wednesday, March 23, 2005)]
[Rules and Regulations]
[Pages 14556-14559]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-5722]


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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 [email protected] 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:

------------------------------------------------------------------------
                                                       Analogous state
    Federal requirements        Federal Register        authority \1\
------------------------------------------------------------------------
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).
------------------------------------------------------------------------
\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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