[Federal Register Volume 69, Number 239 (Tuesday, December 14, 2004)]
[Rules and Regulations]
[Pages 74444-74448]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-27363]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 271

[FRL-7847-9]


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 February 14, 
2005, unless EPA receives adverse written comment by January 13, 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 <a href="/cdn-cgi/l/email-protection#88cbe0edede3fba6dce0e7fae6ede4e4c8edf8e9a6efe7fe"><span class="__cf_email__" data-cfemail="c380aba6a6a8b0ed97abacb1ada6afaf83a6b3a2eda4acb5">[email protected]</span></a> 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:

[[Page 74445]]

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 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:
    <bullet> Do inspections, and require monitoring, tests, analyses or 
reports
    <bullet> Enforce RCRA requirements and suspend or revoke permits
    <bullet> 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, August 25 1999 (64 FR 46298), effective October 25, 
1999. North Carolina most recently received authorization for revisions 
to its program on February 28, 2002 (67 FR 9219), effective April 29, 
2002.

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

    On April 27, 2001, and March 25, 2002, North Carolina submitted a 
final complete program revision application, seeking authorization of 
their changes in accordance with 40 CFR 271.21. North Carolina's 
provisions consists of provisions promulgated July 1, 1997, through 
June 30, 1998 (RCRA VIII), and July 1, 1998, through June 30, 2000, 
otherwise known as RCRA IX and X. The rule adoption for the provisions 
of RCRA VIII, IX, and X covered in this action became effective August 
1, 2000, unless otherwise noted. North Carolina Statues at section 
150B-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:

[[Page 74446]]



----------------------------------------------------------------------------------------------------------------
            Federal Register                  Federal Register              Analogous State authority \1\
----------------------------------------------------------------------------------------------------------------
Land Disposal Restrictions Phase IV--    63 FR 28556-28753, May 26,  15A NCAC 13A.0112(a)
 Hazardous Soils Treatment Standards      1998.                      15A NCAC 13A.0112(c)
 and Exclusions; Checklist 167 B RCRA                                15A NCAC 24B.0001
 Cluster VIII, HSWA Provision.
Hazardous Waste Combusters; Revised      63 FR 33782-33829, June     15A NCAC 13A.0106(a)
 Standards; Checklist 168 RCRA VIII.      19, 1998.                  15A NCAC 13A.0106(d)
                                                                     15A NCAC 13A.0113(g)
                                                                     15A NCAC 13A.0113(j)
Petroleum Refining Process Wastes;       63 FR 42110-42189, August   15A NCAC 13A.0106(a)
 Checklist 169 RCRA Cluster IX, HSWA/     6, 1998.                   15A NCAC 13A.0106(d)
 non-HSWA Provision.                                                 15A NCAC 13A.0106(e)
                                                                     15A NCAC 13A.0111(d)
                                                                     15A NCAC 13A.0112(b)
                                                                     15A NCAC 13A.0112(c)
Land Disposal Restrictions Phase IV--    63 FR 46332-46334, August   15A NCAC 13A.0112(c)
 Zinc Micronutrient Fertilizers,          31, 1998.
 Amendment; Checklist 170 RCRA Cluster
 IX, HSWA Provision.
Emergency Revision of the Land Disposal  63 FR 47410-47418,          15A NCAC 13A.0112(c)
 Restrictions (LDR) Treatment Standards   September 4, 1998.
 for Listed Hazardous Waste from
 Carbamate Production. Checklist 171
 RCRA Cluster IX, HSWA Provision.
Land Disposal Restrictions Phase IV--    63 FR 48124-48127,          15A NCAC 13A.0112(b)
 Extension of Compliance Date for         September 9, 1998.
 Characteristic Slags; Checklist 172
 RCRA Cluster IX, HSWA Provision.
Land Disposal Restrictions; Treatment    63 FR 51254-51267,          15A NCAC 13A.0112(c)
 Standards for Spent Potliners from       September 24, 1998.
 Primary Aluminum Reduction (K088);
 Final Rule; Checklist 173 RCRA Cluster
 IX, HSWA Provision.
Post-Closure Permit Requirement and      63 FR 56710-56735, October  15A NCAC 13A.0109(b)
 Closure Process; Checklist 174 RCRA      22, 1998.                  15A NCAC 13A.0109(g)
 Cluster IX, HSWA /non-HSWA Provision.                               15A NCAC 13A.0109(h)
                                                                     15A NCAC 13A.0109(i)
                                                                     15A NCAC 13A.0110(f)
                                                                     15A NCAC 13A.0110(g)
                                                                     15A NCAC 13A.0110(h)
                                                                     15A NCAC 13A.0113(a) \2\
                                                                     15A NCAC 13A.0113(b)
HWIR-Media; Checklist 175 RCRA Cluster   63 FR 65874-65947,          15A NCAC 13A.0102(b)
 IX, non-HSWA Provision.                  November 30, 1998.         15A NCAC 13A.0106(a)
                                                                     15A NCAC 13A.0109(b)
                                                                     15A NCAC 13A.0109(f)
                                                                     15A NCAC 13A.0109(g)
                                                                     15A NCAC 13A.0109(s)
                                                                     15A NCAC 13A.0110(a)
                                                                     15A NCAC 13A.0112(a)
                                                                     15A NCAC 13A.0112(d)
                                                                     15A NCAC 13A.0113(a)
                                                                     15A NCAC 13A.0113(b)
                                                                     15A NCAC 13A.0113(g)
                                                                     15A NCAC 13A.0113(j)
Universal Waste Rule Technical           63 FR 71225-71230,          15A NCAC 13A.0111(c)
 Amendments; Checklist 176 RCRA Cluster   December 24, 1998.         15A NCAC 13A.0119(a) \3\
 IX, non HSWA Provision.
Organic Air Emissions Standards:         64 FR 3382, January 21,     15A NCAC 13A.0107(c)
 Clarification and Technical              1999.                      15A NCAC 13A.0109(v) \4\
 Amendments; Checklist 177 RCRA Cluster                              15A NCAC 13A.0109(x)
 IX, HSWA Provision.                                                 15A NCAC 13A.0110(u)
Petroleum Refining Process Wastes        64 FR 6806, February 11,    15A NCAC 13A.0106(a)
 Leachate Exemption; Checklist 178 RCRA   1999.
 Cluster IX, HSWA Provision.
Land Disposal Restrictions Phase IV--    64 FR 25408-25417, May 11,  15A NCAC 13A.0106(a)
 Technical Corrections and                1999.                      15A NCAC 13A.0107(c) \5\
 Clarifications to Treatment Standards;                              15A NCAC 13A.0112(a)
 Checklist 179 RCRA Cluster IX, HSWA/                                15A NCAC 13A.0112(c)
 non-HSWA Provision.
Test Procedures for the Analysis of Oil  64 FR 26315-26327, May 14,  15A NCAC 13A.0101(e)
 and Grease and Non-Polar Material;       1999.
 Checklist 180 RCRA Cluster IX, non-
 HSWA Provision.
Universal Waste Rule: Specific           64 FR 36466-36490, July 6,  15A NCAC 13A.0102(b)
 Provisions for Hazardous Waste Lamps;    1999.                      15A NCAC 13A.0106(a)
 Checklist 181 RCRA Cluster X, non-HSWA                              15A NCAC 13A.0109(b)
 Provision.                                                          15A NCAC 13A.0110(a)
                                                                     15A NCAC 13A.0112(a)
                                                                     15A NCAC 13A.0113(a)
                                                                     15A NCAC 13A.0119(a)
                                                                     15A NCAC 13A.0119(b)
                                                                     15A NCAC 13A.0119(c)
                                                                     15A NCAC 13A.0119(d)
                                                                     15A NCAC 13A.0119(e)
                                                                     15A NCAC 13A.0119(g)

[[Page 74447]]

 
Hazardous Air Pollutant Standards for    64 FR 52828-53077,          15A NCAC 13A.0102(b)
 Combusters; Checklist 182 RCRA Cluster   September 30, 1999.        15A NCAC 13A.0106(d)
 X, HSWA/non-HSWA Provision.                                         15A NCAC 13A.0109(q)
                                                                     15A NCAC 13A.0109(u)
                                                                     15A NCAC 13A.0110(o)
                                                                     15A NCAC 13A.0111(d)
                                                                     15A NCAC 13A.0111(f)
                                                                     15A NCAC 13A.0113(b)
                                                                     15A NCAC 13A.0113(g)
                                                                     15A NCAC 13A.0113(i)
Land Disposal Restrictions Phase IV--    64 FR 56469-56472, October  15A NCAC 13A.0106(d)
 Technical Corrections; Checklist 183     20, 1999.                  15A NCAC 13A.0107(c)
 RCRA Cluster X, HSWA/non-HSWA                                       15A NCAC 13A.0112(a)
 Provision.                                                          15A NCAC 13A.0112(c)
Accumulation Time for Waste Water        65 FR 12378-12398, March    15A NCAC 13A.0107(c)
 Treatment Sludges; Checklist 184 RCRA    8, 2000.
 Cluster X, non-HSWA Provision.
Organobromine Production Waste Vacutur;  65 FR 14472-14475, March    15A NCAC 13A.0106(d)
 Checklist 185 RCRA Cluster X, HSWA       17, 2000.                  15A NCAC 13A.0106(e)
 Provision.                                                          15A NCAC 13A.0112(b)
                                                                     15A NCAC 13A.0112(c)
Petroleum Refining Process Wastes--      64 FR 36365-36367, June 8,  15A NCAC 13A.0106(d)
 Clarification; Checklist 187 RCRA        2000.                      15A NCAC 13A.0112(e)
 Cluster X, HSWA Provision.
----------------------------------------------------------------------------------------------------------------
\1\ The North Carolina provisions are from the North Carolina Hazardous Waste Management Rules 15A NCAC 13A,
  August 1, 2000 and Solid Waste Management Law (October 1999), unless otherwise stated.
\2\ 15A NCAC 13A.0113; effective November 19, 1980; Recodified from 15A 13A. 0013 effective December 20, 1996;
  Amended effective April 1, 2001.
\3\ 15A NCAC 13A.0119; effective January 1, 1996; Recodified from 15A 13A. 0019 effective December 20, 1996;
  Amended effective April 1, 2001.
\4\ 15A NCAC 13A.0109; effective November 19, 1980; Amended effective. July 1, 1995, Recodified from 15A 13A.
  0009 Eff. December 20, 1996; Amended effective April 1, 2001.
\5\ 15A NCAC 13A.0107; effective November 19, 1980; Recodified from 15A 13A. 0007 effective December 20, 1996;
  Amended effective April 1, 2001.

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 PP 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 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.

[[Page 74448]]

    Under RCRA section 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 February 14, 2005.

List of Subjects in 40 CFR Part 271

    Environmental protection, Administrative practice and procedure, 
Confidential business information, Hazardous materials 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: December 7, 2004.
A. Stanley Meiburg,
Deputy Regional Administrator, Region 4.
[FR Doc. 04-27363 Filed 12-13-04; 8:45 am]
BILLING CODE 6560-50-P


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