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[Federal Register Volume 78, Number 115 (Friday, June 14, 2013)]
[Rules and Regulations]
[Pages 35766-35769]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-13850]

[[Page 35766]]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 271

[EPA-R04-RCRA-2012-0173; FRL-9823-1]

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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Immediate Final Rule.

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SUMMARY: North Carolina has applied to EPA for final authorization of 
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 rule. In 
the ``Proposed Rules'' section of today's Federal Register, EPA is also 
publishing a separate notice that serves as the proposal to authorize 
these changes. EPA believes this action is not controversial and does 
not expect comments that oppose it. Unless EPA receives written 
comments that oppose this authorization during the comment period, the 
decision to authorize North Carolina's changes to its hazardous waste 
program will take effect. If EPA receives comments that oppose this 
action, EPA will publish a notice in the Federal Register withdrawing 
today's immediate final rule before it takes effect, and the separate 
notice published in today's ``Proposed Rules'' section of this Federal 
Register will serve as the proposal to authorize the changes.

DATES: This final authorization will become effective on August 13, 
2013 unless EPA receives adverse written comment by July 15, 2013. If 
EPA receives such comment, EPA 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: Submit your comments, identified by Docket ID No. EPA-R04-
RCRA-2012-0173, by one of the following methods:

     Federal eRulemaking Portal: http://www.regulations.gov: 
Follow the on-line instructions for submitting comments.
     Email: gleaton.gwen@epa.gov.
     Fax: (404) 562-9964 (prior to faxing, please notify the 
EPA contact listed below).
     Mail: Send written comments to Gwendolyn Gleaton, 
Permits and State Programs Section, RCRA Programs and Materials 
Management Branch, RCRA Division, U.S. Environmental Protection 
Agency, Atlanta Federal Center, 61 Forsyth Street SW., Atlanta, 
Georgia 30303-8960.

     Hand Delivery or Courier: Deliver your comments to 
Gwendolyn Gleaton, Permits and State Programs Section, RCRA Programs 
and Materials Management Branch, RCRA Division, U.S. Environmental 
Protection Agency, Atlanta Federal Center, 61 Forsyth Street SW., 
Atlanta, Georgia 30303-8960.
    Instructions: EPA must receive your comments by July 15, 2013. 
Please refer to Docket Number EPA-R04-RCRA-2012-0173. Do not submit 
information that you consider to be confidential business information 
or otherwise protected through www.regulations.gov or email. The 
www.regulations.gov Web site is an ``anonymous access'' system, which 
means EPA will not know your identity or contact information unless you 
provide it in the body of your comment. If you send an email comment 
directly to EPA without going through www.regulations.gov, your email 
address will be automatically captured and included as part of the 
comment that is placed in the public docket and made publicly available 
on the Internet. If you submit an electronic comment, EPA recommends 
that you include your name and other contact information in the body of 
your comment and with any disk or CD-ROM you submit. If EPA cannot read 
your comment due to technical difficulties and cannot contact you for 
clarification, EPA may not be able to consider your comment. Electronic 
files should avoid the use of special characters, any form of 
encryption, and be free of any defects or viruses.
    You may view and copy North Carolina's application and associated 
publicly available materials from 8:00 a.m. to 4:00 p.m. at the 
following locations: EPA, Region 4, RCRA Division, Atlanta Federal 
Center, 61 Forsyth Street SW., Atlanta, Georgia 30303-8960; telephone 
number: (404) 562-8500; and the North Carolina Department of 
Environment and Natural Resources, 217 West Jones Street, Raleigh, 
North Carolina 27603; telephone number: (929) 707-8219. Interested 
persons wanting to examine these documents should make an appointment 
with the office at least a week in advance.

FOR FURTHER INFORMATION CONTACT: Gwendolyn Gleaton, Permits and State 
Programs Section, RCRA Programs and Materials Management Branch, RCRA 
Division, U.S. Environmental Protection Agency, Atlanta Federal Center, 
61 Forsyth Street SW., Atlanta, Georgia 30303-8960; telephone number: 
(404) 562-8500; fax number: (404) 562-9964; email address: 
gleaton.gwen@epa.gov.

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 268, 270, 273, and 279.
    New Federal requirements and prohibitions imposed by Federal 
regulations that EPA promulgates pursuant to the Hazardous and Solid 
Waste Amendments of 1984 (HSWA) take effect in authorized States at the 
same time that they take effect in unauthorized States. Thus, 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.

B. What decisions has EPA made in this rule?

    On June 8, 2009, North Carolina submitted a final complete program 
revision application, seeking authorization of changes to its hazardous 
waste program that correspond to certain Federal rules promulgated 
between July 1, 2004, and June 30, 2008 (also known as RCRA Clusters XV 
through XVIII). EPA concludes that North Carolina's application to 
revise its authorized program meets all of the statutory and regulatory 
requirements established by RCRA, as set forth in RCRA section 3006(b), 
42 U.S.C. 6926(b), and 40 CFR Part 271. Therefore, EPA grants North 
Carolina final authorization to operate its hazardous waste program 
with the changes described in the authorization application, and as 
outlined below in Section G of this notice.
    North Carolina has responsibility for permitting treatment, 
storage, and disposal facilities 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 HSWA, 
as discussed above.

[[Page 35767]]

C. What is the effect of this authorization decision?

    The effect of this decision is that the changes described in North 
Carolina's authorization 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. EPA 
retains its authorities under RCRA sections 3007, 3008, 3013, and 7003, 
including its authority to:
     Conduct inspections, and require monitoring, tests, 
analyses or 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 State regulations for which North 
Carolina is being authorized by today's action are already effective 
and enforceable requirements under State law, and are not changed by 
today's action.

D. Why wasn't there a Proposed Rule before today's rule?

    Along with this immediate final rule, EPA is publishing a separate 
notice in the ``Proposed Rules'' section of today's Federal Register 
that serves as the proposal to authorize these State program changes. 
EPA did not publish a proposed rule before today because EPA views this 
as a routine program change and does not expect comments that oppose 
this approval. EPA is providing an opportunity for public comment now, 
as described in Section E of this notice.

E. What happens if EPA receives comments that oppose this action?

    If EPA receives comments that oppose this authorization, EPA will 
withdraw today's immediate final 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 proposed rule mentioned in the previous section, after considering 
all comments received during the comment period, and will address all 
such comments in a later final rule. You may not have another 
opportunity to comment on these State program changes. If you want to 
comment on this authorization, you must do so at this time.
    If EPA receives comments that oppose only the authorization of a 
particular change to the State hazardous waste program, EPA will 
withdraw that part of today's immediate final 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 a 
hazardous waste management program. EPA granted authorization for 
changes to North Carolina's program on the following dates: March 25, 
1986, effective April 8, 1986 (51 FR 10211); August 5, 1988, effective 
October 4, 1988 (53 FR 1988); February 9, 1989, effective April 10, 
1989 (54 FR 6290); September 22, 1989, effective November 21, 1989 (54 
FR 38993); January 18, 1991, effective March 19, 1991 (56 FR 1929); 
April 10, 1991, effective June 9, 1991 (56 FR 14474); July 19, 1991, 
effective September 17, 1991 (56 FR 33206); April 27, 1992, effective 
June 26, 1992 (57 FR 15254); December 12, 1992, effective February 16, 
1993 (57 FR 59825); January 27, 1994, effective March 28, 1994 (59 FR 
3792); April 4, 1994, effective June 3, 1994 (59 FR 15633); June 23, 
1994, effective August 22, 1994 (59 FR 32378); November 10, 1994, 
effective January 9, 1995 (59 FR 56000); September 27, 1995, effective 
November 27, 1995 (60 FR 49800); April 25, 1996, effective June 24, 
1996 (61 FR 18284); October 23, 1998, effective December 22, 1998 (63 
FR 56834); August 25, 1999, effective October 25, 1999 (64 FR 46298); 
February 28, 2002, effective April 29, 2002 (67 FR 9219); December 14, 
2004, effective February 14, 2005 (69 FR 74444); March 23, 2005, 
effective May 23, 2005 (70 FR 14556); and February 7, 2011, effective 
April 8, 2011 (76 FR 6561).

G. What changes is EPA authorizing with this action?

    On June 8, 2009, North Carolina submitted a final complete program 
revision application, seeking authorization of its changes in 
accordance with 40 CFR 271.21. EPA now makes an immediate final 
decision, subject to receipt of written comments that oppose this 
action, that North Carolina's hazardous waste program revisions 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, EPA grants North Carolina 
final authorization for the following program changes:

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                                           Federal Register date and
   Description of Federal requirement                 page                   Analogous state authority \1\
----------------------------------------------------------------------------------------------------------------
208--Methods Innovation Rule and SW-846   70 FR 34538 06/14/05         15A NCAC 13A .0101(e); 15A NCAC 13A
 Final Update IIIB & Correction.          70 FR 44150 08/01/05.......   .0103(c); 15A NCAC 13A .0106(a) and (c)-
                                                                        (f); 15A NCAC 13A .0109(k), (o), (v)-(w)
                                                                        and (aa); 15A NCAC 13A .0110(j), (n),
                                                                        (s)-(u); 15A NCAC 13A .0111(d) and (g);
                                                                        15A NCAC 13A .0112(c) and (e); 15A NCAC
                                                                        13A .0113(b) and (i); and 15A NCAC 13A
                                                                        .0118(b) and (e)-(g).
209--Universal Waste Rule: Specific       70 FR 45508 08/05/05.......  15A NCAC 13A .0102(b); 15A NCAC 13A
 Provisions for Mercury Containing                                      .0106(a); 15A NCAC 13A .0109(b); 15A
 Equipment.                                                             NCAC 13A .0110(a); 15A NCAC 13A
                                                                        .0112(a); 15A NCAC 13A .0113(a); and 15A
                                                                        NCAC 13A .0119(a)-(c).
211--Revision of Wastewater Treatment     70 FR 57769 10/04/05.......  15A NCAC 13A .0106(a).
 Exemptions for Hazardous Waste Mixtures
 (``Headworks Exemptions'').
212--NESHAP: Final Standards for          70 FR 59402 10/12/05.......  15A NCAC 13A .0101(e); 15A NCAC 13A
 Hazardous Waste Combusters.                                            .0109(q); 15A NCAC 13A .0110(o); 15A
                                                                        NCAC 13A .0111(d); and 15A NCAC 13A
                                                                        .0113(a)-(b), (f)-(g), (i) and (k).

[[Page 35768]]

 
213--Burden Reduction Initiative........  71 FR 16862 04/04/06.......  15A NCAC 13A .0102(b); 15A NCAC 13A
                                                                        .0103(c); 15A NCAC 13A .0106(a); 15A
                                                                        NCAC 13A .0109(c), (e)-(k), (m)-(o),
                                                                        (q), (s)-(t), (w) and (y); 15A NCAC 13A
                                                                        .0110(b), (d)-(n), (r), (t) and (v); 15A
                                                                        NCAC 13A .0111(d); 15A NCAC 13A
                                                                        .0112(a); and 15A NCAC 13A .0113(b) and
                                                                        (g).
214--Hazardous Waste and Used Oil;        71 FR 40254 07/14/06.......  15A NCAC 13A .0102(b); 15A NCAC 13A
 Corrections to Errors in the Code of                                   .0103(c); 15A NCAC 13A .0106(a) and (c)-
 Federal Regulations.                                                   (f); 15A NCAC 13A .0107(c), (e) and (g)-
                                                                        (h); 15A NCAC 13A .0109(b)-(c), (g)-(o),
                                                                        (q), (s)-(y) and (aa); 15A NCAC 13A
                                                                        .0110(a)-(b), (d), (f)-(n), (q)-(v) and
                                                                        (x); 15A NCAC 13A .0111(b)-(d) and (f)-
                                                                        (g); 15A NCAC 13A .0112(a) and (c)-(e);
                                                                        15A NCAC 13A .0113(a)-(b), (f)-(g) and
                                                                        (j); 15A NCAC 13A .0118(a)-(b) and (e)-
                                                                        (h); and 15A NCAC 13A .0119(a)-(c).
216--Exclusion of Oil Bearing Secondary   73 FR 57 01/02/08..........  15A NCAC 13A .0102(b) and 15A NCAC 13A
 Materials Processed in a Gasification                                  .0106(a).
 System to Produce Synthesis Gas.
217--NESHAP: Final Standards for          73 FR 18970 04/08/08.......  15A NCAC 13A .0109(q) and 15A NCAC 13A
 Hazardous Waste Combustors (Phase I                                    .0111(d).
 Final Replacement Standards and Phase
 II) Amendments.
218--F019 Exemption for Wastewater        73 FR 31756 06/04/08.......  15A NCAC 13A .0106(d).
 Treatment Sludges from Auto
 Manufacturing Zinc Phosphating
 Processes.
----------------------------------------------------------------------------------------------------------------
\1\ The North Carolina provisions are from the North Carolina Hazardous Waste Management Rules, 15A NCAC 13A,
  effective as of August 1, 2008.

H. Where are the revised state rules different from the Federal rules?

    There are no State requirements in this program revision considered 
to be 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 EPA issued prior to the effective date of this 
authorization until they expire or are terminated. EPA will not issue 
any more 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 authorized.

J. How does today's action affect Indian country (18 U.S.C. 1151) in 
North Carolina?

    North Carolina is not authorized to carry out its hazardous waste 
program in Indian Country within the State, which includes the Eastern 
Band of Cherokee Indians. 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. EPA does this by 
referencing the authorized State rules in 40 CFR part 272. EPA is not 
codifying the authorization of North Carolina's changes at this time. 
However, EPA reserves the amendment of 40 CFR part 272, subpart II, for 
the authorization of North Carolina's program changes at 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 (Pub. L. 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

[[Page 35769]]

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 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 August 13, 2013, unless objections to this 
authorization are received.

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: May 16, 2013.
Gwendolyn Keyes Fleming,
Regional Administrator, Region 4.
[FR Doc. 2013-13850 Filed 6-13-13; 8:45 am]
BILLING CODE 6560-50-P
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