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[Federal Register Volume 89, Number 213 (Monday, November 4, 2024)]
[Rules and Regulations]
[Pages 87512-87516]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-25602]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 271

[EPA-R04-RCRA-2024-0116; FRL-11972-04-R4]

North Carolina: Final Authorization of State Hazardous Waste 
Management Program Revisions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final action.

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SUMMARY: On June 26, 2023, North Carolina submitted to the

[[Page 87513]]

Environmental Protection Agency (EPA) a complete program revision 
application seeking authorization of changes to its hazardous waste 
program under the Resource Conservation and Recovery Act (RCRA), as 
amended. On July 15, 2024, the EPA published both a direct final action 
granting North Carolina final authorization for revisions to its 
federally authorized hazardous waste program, along with a companion 
proposed rule announcing the EPA's proposal to grant such final 
authorization. The EPA received two comments during the public comment 
period. On September 11, 2024, the EPA published a withdrawal of the 
direct final action so it could respond to the comments before the 
action went into effect. Today's action responds to comments and 
publishes the EPA's final determination granting North Carolina 
authorization of its hazardous waste program revisions.

DATES: This final authorization will become effective on November 4, 
2024.

FOR FURTHER INFORMATION CONTACT: Leah Davis; RCRA Programs and Cleanup 
Branch; Land, Chemicals and Redevelopment Division; U.S. Environmental 
Protection Agency; Atlanta Federal Center, 61 Forsyth Street SW, 
Atlanta, Georgia 30303-8960; telephone number: (404) 562-8562; fax 
number: (404) 562-9964; email address: [email protected].

SUPPLEMENTARY INFORMATION:

I. Why are revisions to State programs necessary?

    States that have received final authorization from the 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 the 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 the EPA's regulations in title 40 of the Code of 
Federal Regulations (CFR), parts 124, 260 through 268, 270, 273, and 
279.
    New Federal requirements and prohibitions imposed by Federal 
regulations that the EPA promulgates pursuant to the Hazardous and 
Solid Waste Amendments of 1984 (HSWA) take effect in authorized States 
at the same time they take effect in unauthorized States. Thus, the EPA 
will implement those requirements and prohibitions in North Carolina, 
including the issuance of new permits implementing those requirements, 
until the State is granted authorization to do so.

II. What is the background for this final action?

    On June 26, 2023, North Carolina submitted to the EPA a complete 
program revision application seeking authorization of changes to North 
Carolina's hazardous waste program under the Resource Conservation and 
Recovery Act (RCRA), as amended. On July 15, 2024, the EPA published 
both a direct final action (89 FR 57364) granting North Carolina final 
authorization for revisions to its federally authorized hazardous waste 
program, along with a companion proposed rule (89 FR 57381) announcing 
the EPA's proposal to grant such final authorization. The EPA announced 
in both notices that the direct final action and the proposed rule were 
subject to a thirty-day public comment period. The EPA stated in both 
documents that if it received adverse public comment, it would withdraw 
the direct final action, base any further decision on the authorization 
of the State's program changes on the proposed rule, and address all 
public comments in a later final action. The public comment period 
ended on August 14, 2024. The EPA received two comments during the 
public comment period. On September 11, 2024, the EPA published a 
withdrawal of the direct final action (89 FR 73592) so it could respond 
to the comments before the action went into effect.
    Today's action responds to the comments the EPA received and 
publishes the EPA's final determination granting North Carolina 
authorization of revisions to its hazardous waste program. The issues 
raised by the commenters are summarized and responded to in section III 
below. No further opportunity for comment will be provided.

III. What comments were received on North Carolina's proposed 
authorization and how is the EPA responding to these comments?

    During the public comment period for the direct final action and 
proposed rule, the EPA received two comments. The comments are provided 
in the docket for this action. See Docket ID No. EPA-R04-RCRA-2024-0116 
at www.regulations.gov. A summary of the comments and the EPA's 
responses are provided below.
    Comment: The first comment is general in nature. The commenter does 
not oppose or support the EPA's authorization of revisions to the North 
Carolina hazardous waste program; rather, the commenter states that 
revisions to the State hazardous waste program must be no less 
stringent than the Federal program.
    Response: As discussed in the EPA's direct final action, the EPA 
has reviewed all of the North Carolina hazardous waste program 
revisions submitted in its June 26, 2023 application, and has 
determined that they are equivalent to, consistent with, and no less 
stringent than the Federal program, which is the statutory standard set 
forth in RCRA section 3006(b), 42 U.S.C. 6926(b). The EPA has also 
concluded that some provisions of North Carolina's revised program are 
more stringent than the Federal program. These more stringent 
requirements will also become part of the federally enforceable RCRA 
program in North Carolina. Therefore, the EPA has determined that there 
is no basis to withdraw or deny authorization of the State program 
revisions based on this comment.
    Comment: The second comment relates to a discrete provision of 
North Carolina law. Specifically, the commenter objects to 15A NCAC 13A 
.0108(c), which requires a transporter to submit to the North Carolina 
Department of Environmental Quality (DEQ) a letter describing a 
significant manifest discrepancy and to make attempts to reconcile it 
with a copy of the manifest or shipping paper at issue. The commenter 
states that the generator should have to provide the letter to DEQ 
addressing the discrepancy instead of shifting the burden to the 
transporter.
    Response: As discussed in the EPA's direct final action, the 
revisions for which the State is seeking authorization are already 
effective and enforceable as a matter of State law, including this 
particular provision. The effect of the EPA's authorization decision is 
to make these changes part of the federally authorized State hazardous 
waste program and therefore federally enforceable. This action does not 
impose additional requirements on the regulated community because the 
regulations, including 15A NCAC 13A .0108(c), for which the EPA is 
authorizing North Carolina are already effective under State law and 
are not changed by the EPA's authorization decision. Therefore, the EPA 
has determined that there is no basis to withdraw or deny authorization 
of this provision based on this comment.

[[Page 87514]]

IV. What decisions has the EPA made in this action?

    North Carolina submitted a complete program revision application, 
dated June 26, 2023, seeking authorization of changes to its hazardous 
waste program corresponding to certain Federal rules promulgated 
between October 27, 1987, and October 1, 2021 (including HSWA Cluster 
\1\ II (Checklists \2\ 39.1, 50.1, and 66.1), RCRA Cluster IV 
(Checklist 126.1), RCRA Cluster VI (Checklist 152), RCRA Cluster VIII 
(Checklist 167C.1), RCRA Cluster XIX (Checklists 219 and 221 \3\), RCRA 
Cluster XX (Checklist 243), RCRA Cluster XXVII (Checklists 240 and 
241), RCRA Cluster XXVIII (Checklist 242), RCRA Cluster XXIX (Checklist 
243), and Cluster XXX (Checklist 244)). The EPA concludes that North 
Carolina's application to revise its authorized program meets all of 
the statutory and regulatory requirements established under RCRA, as 
set forth in RCRA section 3006(b), 42 U.S.C. 6926(b), and 40 CFR part 
271. Therefore, the EPA grants North Carolina final authorization to 
operate its hazardous waste program with the changes described in the 
program revision application, and as outlined below in Section VI of 
this document.
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    \1\ A ``cluster'' is a grouping of hazardous waste rules that 
the EPA promulgates from July 1st of one year to June 30th of the 
following year.
    \2\ A ``checklist'' is developed by the EPA for each Federal 
rule amending the RCRA regulations. The checklists document the 
changes made by each Federal rule and are presented and numbered in 
chronological order by date of promulgation.
    \3\ Although the State requested authorization for Checklists 
221 and 224 in its program revision application, the EPA is not 
authorizing North Carolina for these two checklists because they 
correspond to Federal rules that have been vacated. This vacatur was 
documented in Checklist 234. The EPA previously authorized North 
Carolina for Checklist 234 on October 10, 2019 (84 FR 54516).
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    North Carolina has responsibility for permitting treatment, 
storage, and disposal facilities within its borders (except in Indian 
country, as defined at 18 U.S.C. 1151) and for carrying out the aspects 
of the RCRA program described in its program revision application, 
subject to the limitations of HSWA, as discussed above.

V. What is the effect of this authorization decision?

    The effect of this decision is that the changes described in North 
Carolina's program revision application will become part of the 
authorized State hazardous waste program and will therefore be 
federally enforceable. North Carolina will continue to have primary 
enforcement authority and responsibility for its State hazardous waste 
program. The EPA will maintain its authorities under RCRA sections 
3007, 3008, 3013, and 7003, including its authority to:
     Conduct inspections, and require monitoring, tests, 
analyses, and reports;
     Enforce RCRA requirements, including authorized State 
program requirements, and suspend or revoke permits; and
     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 the EPA is 
authorizing North Carolina are already effective under State law and 
are not changed by this action.

VI. What changes is the EPA authorizing with this action?

    The EPA has determined that the North Carolina hazardous waste 
program revisions included in its June 26, 2023 application are 
equivalent to, consistent with, and no less stringent than the Federal 
program, and therefore satisfy all of the requirements necessary to 
qualify for final authorization. Therefore, the EPA grants final 
authorization to North Carolina for the following program changes:

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                                                                                      Analogous state authority
  Description of Federal requirement          Federal Register date and page                     \1\
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Checklist 39.1,\2\ California List     52 FR 41295, 10/27/1987....................  15 NCAC 13A .0101(e).
 Waste Restrictions.
Checklist 50.1,\2\ Land Disposal       54 FR 8264, 2/27/1989......................  15A NCAC 13A .0112(b).
 Restrictions for First Third
 Scheduled Wastes.
Checklist 66.1,\2\ Land Disposal       55 FR 23935, 6/13/1990.....................  15A NCAC 13A .0112(a).
 Restrictions; Corrections to the
 First Third Scheduled Wastes.
Checklist 126.1,\2\ Testing and        59 FR 47980, 9/19/1994.....................  15A NCAC 13A .0112(a).
 Monitoring Activities.
Checklist 152,\3\ Imports and Exports  61 FR 16290, 4/12/1996.....................  15A NCAC 13A .0102(b); 15A
 of Hazardous Waste: Implementation                                                  NCAC 13A .0106(a); 15A NCAC
 of OECD Council Decision.                                                           13A .0107(a) and (f); 15A
                                                                                     NCAC 13A .0108(a)-(d), 15A
                                                                                     NCAC 13A .0109(c) and (f);
                                                                                     15A NCAC 13A .0110(b) and
                                                                                     (e); 15A NCAC 13A .0111(b);
                                                                                     15A NCAC 13A .0119(b), (c),
                                                                                     (d) and (f).
Checklist 167C.1,\2\ Land Disposal     63 FR 31266, 6/8/1998......................  15A NCAC 13A .0112(f).
 Restrictions Phase IV--Corrections.
Checklist 219,\4\ Revisions to the     73 FR 64668, 10/30/2008....................  15A NCAC 13A .0102(b); 15A
 Definition of Solid Waste, as                                                       NCAC 13A .0103(c); 15A NCAC
 amended by Checklist 233 (2015 and                                                  13A .0106(a) and (f); 15A
 2018).                                                                              NCAC 13A .0113(g).
Checklist 240, Safe Management of      83 FR 61552, 11/30/2018....................  15A NCAC 13A .0102(b); 15A
 Recalled Airbags.                                                                   NCAC 13A .0106(a); 15A NCAC
                                                                                     13A .0107(a).
Checklist 241, Management Standards    84 FR 5816, 2/22/2019......................  15A NCAC 13A .0106(a) and
 for Hazardous Waste Pharmaceuticals                                                 (d); 15A NCAC 13A .0107(a);
 and Amendment to the P075 Listing                                                   15A NCAC 13A .0109(b); 15A
 for Nicotine.                                                                       NCAC 13A .0110(a); 15A NCAC
                                                                                     13A .0111(g); 15A NCAC 13A
                                                                                     .0112(a) and (e); 15A NCAC
                                                                                     13A .0113(a); 15A NCAC 13A
                                                                                     .0119(g) and (g)(1).
Checklist 242, Universal Waste         84 FR 67202, 12/9/2019.....................  15A NCAC 13A .0102(b); 15A
 Regulations: Addition of Aerosol                                                    NCAC 13A .0106(a); 15A NCAC
 Cans.                                                                               13A .0109(b); 15A NCAC 13A
                                                                                     .0110(a); 15A NCAC 13A
                                                                                     .0112(a); 15A NCAC 13A
                                                                                     .0113(a); 15A NCAC 13A
                                                                                     .0119(a)-(c).
Checklist 243, Modernizing Ignitable   85 FR 40594, 7/7/2020......................  15A NCAC 13A .0101(e); 15A
 Liquids Determinations.                                                             NCAC 13A .0106(c) and (m).

[[Page 87515]]

 
Checklist 244, Canada Import Export    86 FR 54381, 10/1/2021.....................  15A NCAC 13A .0107(f); 15A
 Recovery and Disposal Code Changes.                                                 NCAC 13A .0109(c); 15A NCAC
                                                                                     13A .0110(b).
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Notes
\1\ The North Carolina regulatory citations are from the North Carolina Administrative Code (NCAC), effective
  August 6, 2020.
\2\ Checklists 39.1, 50.1, 66.1, 126.1, and 167C.1 amended the underlying Federal rules. North Carolina properly
  adopted the required changes made by the underlying Federal rules and was previously authorized for those
  changes
\3\ Most of the provisions contained in Checklist 152 were amended or removed by subsequent checklists, for
  which the EPA has previously authorized North Carolina.
\4\ The EPA authorized North Carolina for Checklist 233, Revisions to the Definition of Solid Waste, Response to
  Vacatur of Certain Provisions of the Definition of Solid Waste Rule, on October 10, 2019 (84 FR 54516).
  Checklist 233 included certain provisions from Checklist 219, the 2008 Federal Revisions to the Definition of
  Solid Waste Rule, as amended on January 13, 2015, and May 30, 2018. For clarity and completeness, the EPA is
  authorizing Checklist 219, as amended by Checklist 233.

VII. Where are the revised State rules different than the Federal 
rules?

    When revised State rules differ from the Federal rules in the RCRA 
State authorization process, the EPA determines whether the State rules 
are equivalent to, more stringent than, or broader in scope than the 
Federal program. Pursuant to RCRA section 3009, 42 U.S.C. 6929, State 
programs may contain requirements that are more stringent than the 
Federal regulations. Such more stringent requirements can be federally 
authorized and, once authorized, become federally enforceable. Although 
the statute does not prevent States from adopting regulations that are 
broader in scope than the Federal program, States cannot receive 
Federal authorization for such regulations, and they are not federally 
enforceable. There are no State requirements in the program revisions 
listed in the table above that are considered to be broader in scope 
than the Federal requirements. The EPA has determined that certain 
regulations included in North Carolina's program revisions listed in 
the table above are more stringent than the Federal program. These more 
stringent requirements will become part of the federally enforceable 
RCRA program in North Carolina when authorized.
    North Carolina's program is more stringent at 15A NCAC 13A .0108(c) 
and (d), insofar as these provisions require transporters to reconcile 
significant manifest discrepancies with the waste generator.
    North Carolina's program is more stringent at 15A NCAC 13A 
.0111(b), insofar as these provisions require off-site recycling 
facilities that receive materials described in 40 CFR 266.70(a) to 
label containers and tanks holding recyclable materials with the words 
``Recyclable Material.''
    It should be noted that States cannot receive authorization for 
certain Federal regulatory functions involving international shipments 
(i.e., import and export provisions) such as those associated with the 
Canada Import Export Recovery and Disposal Code Changes Rule (Checklist 
244) and the Imports and Exports of Hazardous Waste: Implementation of 
OECD Council Decision Rule (Checklist 152). Although North Carolina has 
adopted these rules to maintain its equivalency with the Federal 
program, it has appropriately maintained the Federal references. See 
15A NCAC 13A .0101(b).

VIII. 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. The EPA 
will continue to administer any RCRA hazardous waste permits or 
portions of permits that the EPA issued prior to the effective date of 
authorization until they expire or are terminated. The EPA will not 
issue any new permits or new portions of permits for the provisions 
listed in the table above after the effective date of the final 
authorization. The EPA will continue to implement, and issue permits 
for HSWA requirements for which North Carolina is not yet authorized. 
The EPA has the authority to enforce State-issued permits after the 
State is authorized.

IX. How does today's action affect Indian Country in North Carolina?

    North Carolina is not authorized to carry out its hazardous waste 
program in Indian country within the State, which includes the Indian 
lands associated with the Eastern Band of Cherokee Indians. Therefore, 
this action has no effect on Indian country. The EPA retains 
jurisdiction over Indian country and will continue to implement and 
administer the RCRA program on these lands.

X. What is codification and is the EPA codifying North Carolina's 
hazardous waste program as authorized in this action?

    Codification is the process of placing citations and references to 
the State's statutes and regulations that comprise the State's 
authorized hazardous waste program into the Code of Federal 
Regulations. The EPA does this by adding those citations and references 
to the authorized State rules in 40 CFR part 272. The EPA is not 
codifying the authorization of North Carolina's revisions at this time. 
However, the EPA reserves the ability to amend 40 CFR part 272, subpart 
II, for the authorization of North Carolina's program changes at a 
later date.

XI. Statutory and Executive Order Reviews

    The Office of Management and Budget (OMB) has exempted this action 
from the requirements of Executive Order 12866 (58 FR 51735, October 4, 
1993) and 13563 (76 FR 3821, January 21, 2011). This action authorizes 
State requirements for the purpose of RCRA section 3006 and imposes no 
additional requirements beyond those imposed by State law. Therefore, 
this action is not subject to review by OMB. This action is not an 
Executive Order 14094 (88 FR 21879, April 11, 2023) regulatory action 
because actions such as the authorization of North Carolina's revised 
hazardous waste program under RCRA are exempted under Executive Order 
12866. 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

[[Page 87516]]

Reform Act of 1995 (2 U.S.C. 1531-1538). 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 
action 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 section 3006(b), the 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 the 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 note) do not apply. As required 
by section 3 of Executive Order 12988 (61 FR 4729, February 7, 1996), 
in issuing this action, the EPA has taken the necessary steps to 
eliminate drafting errors and ambiguity, minimize potential litigation, 
and provide a clear legal standard for affected conduct. The EPA has 
complied with Executive Order 12630 (53 FR 8859, March 15, 1988), by 
examining the takings implications of this action 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 action does not impose an information collection 
burden under the provisions of the Paperwork Reduction Act of 1995 (44 
U.S.C. 3501 et seq.). ``Burden'' is defined at 5 CFR 1320.3(b). 
Executive Order 12898 (59 FR 7629, February 16, 1994) establishes 
Federal executive policy on environmental justice. Its main provision 
directs Federal agencies, to the greatest extent practicable and 
permitted by law, to make environmental justice part of their mission 
by identifying and addressing, as appropriate, disproportionately high, 
and adverse human health or environmental effects of their programs, 
policies, and activities on minority populations and low-income 
populations in the United States. Executive Order 14096 (88 FR 25251, 
April 26, 2023) directs the Federal government to build upon and 
strengthen its commitment to deliver environmental justice to all 
communities across America through an approach that is informed by 
scientific research, high-quality data, and measuring Federal 
engagement with communities with environmental justice concerns. 
Because this action authorizes pre-existing State rules which are at 
least equivalent to, and no less stringent than existing Federal 
requirements, and imposes no additional requirements beyond those 
imposed by State law, and there are no anticipated significant adverse 
human health or environmental effects, this action is not subject to 
Executive Orders 12898 and 14096.
    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. The 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 
final action will be effective November 4, 2024.

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, and 6974(b).

    Dated: October 16, 2024.
Jeaneanne Gettle,
Acting Regional Administrator, Region 4.
[FR Doc. 2024-25602 Filed 11-1-24; 8:45 am]
BILLING CODE 6560-50-P
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