[Federal Register Volume 63, Number 205 (Friday, October 23, 1998)]
[Rules and Regulations]
[Pages 56834-56839]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-28490]
[[Page 56834]]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 271
[FRL-6166-5]
North Carolina; Final Authorization of Revisions to State
Hazardous Waste Management Program
AGENCY: Environmental Protection Agency (EPA).
ACTION: Immediate final rule.
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SUMMARY: North Carolina has applied for Final authorization of the
revision to its hazardous waste program under the Resource Conservation
and Recovery Act (RCRA). North Carolina's revision consists of
provisions promulgated between July 1, 1994 and June 30 1995. The EPA
has reviewed North Carolina's application and determined that its
hazardous waste program revision satisfies all of the requirements
necessary to qualify for Final authorization. Unless adverse written
comments are received during the review and comment period provided,
EPA's decision to authorize North Carolina's hazardous waste program
revision will take effect as provided below.
DATES: This Final authorization for North Carolina will become
effective without further notice on December 22, 1998, if EPA receives
no adverse comment on this document.
Should EPA receive such comments EPA will withdraw this rule before
its effective date by publishing a withdrawal in the Federal Register.
Any comments on North Carolina's program revision application must be
filed by November 23, 1998.
ADDRESSES: Copies of the North Carolina program revision application
and the materials which EPA used in evaluating the revision are
available for inspection and copying during normal business hours at
the following addresses: North Carolina Department of Environment,
Health and Natural Resources, P.O. Box 27687, Raleigh, North Carolina
29201, (919) 733-2178; and EPA Region 4, Library, U.S. EPA Region 4,
The Sam Nunn Atlanta Federal Center, 61 Forsyth Street, SW, Atlanta,
Georgia 30303; (404) 347-4216. Send written comments to Narindar Kumar,
Chief, RCRA Programs Branch, Waste Management Division, U.S.
Environmental Protection Agency, The Sam Nunn Atlanta Federal Center,
61 Forsyth Street, SW, Atlanta, GA 30303-3104; (404) 562-8440.
FOR FURTHER INFORMATION CONTACT: Narindar Kumar, Chief, RCRA Programs
Branch, Waste Management Division, U.S. Environmental Protection
Agency, The Sam Nunn Atlanta Federal Center, 61 Forsyth Street, SW
Atlanta, GA 30303-3104; (404) 562-8440.
SUPPLEMENTARY INFORMATION:
A. Background
States with final authorization under Section 3006(b) of the RCRA,
42 U.S.C. 6926(b), have a continuing obligation to maintain a hazardous
waste program that is equivalent to, consistent with, and no less
stringent than the Federal hazardous waste program. As the Federal
hazardous waste program changes, the States must revise their programs
and apply for authorization of the revisions. Revisions to State
hazardous waste programs may be necessary when Federal or State
statutory or regulatory authority is modified or when certain other
changes occur. Most commonly, States must revise 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. North Carolina
North Carolina initially received final authorization for its base
RCRA program effective on December 31, 1984. North Carolina most
recently received authorization for revisions to its program on June
24, 1996, (61 FR 18284).
On August 7, 1997, North Carolina submitted a final, complete
program revision application for RCRA Cluster V, seeking authorization
of its program revision in accordance with 40 CFR 271.21. The EPA
reviewed North Carolina's application, and now makes an immediate final
decision, subject to receipt of adverse written comment, that North
Carolina's hazardous waste program revision satisfies all of the
requirements necessary to qualify for final authorization.
Consequently, EPA intends to grant Final Authorization for the program
modifications contained in North Carolina's program revision
application.
The public may submit written comments on EPA's final decision
until November 23, 1998. Copies of North Carolina's application for
program revision are available for inspection and copying at the
locations indicated in the ADDRESSES section of this document.
If EPA does not receive adverse written comment pertaining to North
Carolina's program revision by the end of the comment period, the
authorization of North Carolina's revision will become effective on
December 22, 1998. If the Agency does receive adverse written comment,
it will publish a document withdrawing this immediate final rule before
its effective date. EPA will then address the comments in a later final
rule based on the companion document appearing in the Proposed Rules
section of today's Federal Register. EPA may not provide additional
opportunity for comment. Any parties interested in commenting should do
so at this time.
North Carolina is today seeking authority to administer the
following Federal requirements promulgated between July 1, 1994,
through June 30, 1995.
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FR
Checklist Federal requirement promulgation HSWA or FR reference State authority
date
----------------------------------------------------------------------------------------------------------------
135.................. Recovered Oil 7/28/94 59 FR 38536 NCGS Sec. 130A-
Exclusion. 294(c)(1).
NCGS Sec. 130A-
294(c)(15).
NCGS Sec. 150B-21.6.
15A NCAC 13A .0106(a).
15A NCAC 13A .0111(e).
136.................. Removal of Conditional 8/24/94 59 FR 43396 NCGS Sec. 130A-
Exemption. 294(c)(7).
NCGS Sec. 130A-
294(c)(15).
NCGS Sec. 130A-
294(h)(2).
NCGS Sec. 150B-21.6.
15A NCAC 13A .0111(a).
15A NCAC 13A .0112(c).
[[Page 56835]]
137.................. Universal Treatment 9/19/94 59 FR 47982 NCGS Sec. 130A-
Standards and 1/3/94 60 FR 242 294(c)(1).
Treatment Standards NCGS Sec. 130A-
for Organic 294(c)(7).
Characteristic Wastes NCGS Sec. 130A-
and Newly Listed 294(c)(15).
Wastes. NCGS Sec. 130A-
294(h)(2).
NCGS Sec. 150B-21.6.
15A NCAC 13A .0103(b).
15A NCAC 13A .0106(a).
15A NCAC 13A .0111(a).
15A NCAC 13A .0111(e).
15A NCAC 13A .0111(f).
15A NCAC 13A .0109(b).
15A NCAC 13A .0110(a).
15A NCAC 13A .0112(a).
15A NCAC 13A .0112(b).
15A NCAC 13A .0112(c).
15A NCAC 13A .0112(e).
139.................. Testing and Monitoring 1/13/95 60 FR 3089 NCGS Sec. 130A-
Activities Amendment 294(c)(1).
I. NCGS Sec. 130A-
294(c)(1)(a).
NCGS Sec. 130A-
294(c)(15).
NCGS Sec. 150B-21.6.
15A NCAC 13A .0106(a).
15A NCAC 13A .0111(e).
140.................. Carbamate Production 2/9/95 60 FR 7824 NCGS Sec. 130A-
Identification and 4/17/95 60 FR 19165 294(c)(1).
Listing of Hazardous 5/12/95 60 FR 25619 NCGS Sec. 130A-
Waste. 294(c)(1)(a).
NCGS Sec. 130A-
294(c)(15).
NCGS Sec. 150B-21.6/
15A NCAC 13A .0106(a).
15A NCAC 13A .0106(e).
15A NCAC 13A .0106(d).
141.................. Testing and Monitoring 4/4/95 60 FR 17001 NCGS Sec. 130A-
Activities Amendment 294(c)(1).
II. NCGS Sec. 130A-
294(c)(1)(a).
NCGS Sec. 130A-
294(c)(15).
NCGS Sec. 150B-21.6.
15A NCAC 13A .0101(e).
142A................. Universal Waste Rule: 5/11/95 60 FR 25492 NCGS Sec. 130A-
General Provisions. 294(c)(1).
NCGS Sec. 130A-
294(c)(2)-(7).
NCGS Sec. 130A-
294(c)(11)-(12).
NCGS Sec. 130A-
294(c)(14)-(15).
NCGS Sec. 130A-
294(d).
NCGS Sec. 130A-
294(h)(2).
NCGS Sec. 130A-18.
NCGS Sec. 130A-19.
NCGS Sec. 130A-20.
NCGS Sec. 130A-303.
NCGS Sec. 150B-21.6.
15A NCAC 13A .0102(b).
15A NCAC 13A .0106(a).
15A NCAC 13A .0107(a).
15A NCAC 13A .0109(b).
15A NCAC 13A .0110(a).
15A NCAC 13A .0112(a).
15A NCAC 13A .0113(a).
15A NCAC 13A .0119(a)-
(f).
[[Page 56836]]
142B................. Universal Waste Rule: 5/11/95 60 FR 25492 NCGS Sec. 130A-
Specific Provisions 294(c)(1).
for Batteries. NCGS Sec. 130A-
294(c)(2)-(7).
NCGS Sec. 130A-
294(c)(11)-(12).
NCGS Sec. 130A-
294(c)(14)-(15).
NCGS Sec. 130A-
294(d).
NCGS Sec. 130A-
294(h)(2).
NCGS Sec. 130A-18.
NCGS Sec. 130A-19.
NCGS Sec. 130A-20.
NCGS Sec. 130A-303.
NCGS Sec. 150B-21.6.
15A NCAC 13A .0102(b).
15A NCAC 13A .0106(a).
15A NCAC 13A .0109(b).
15A NCAC 13A .0110(a).
15A NCAC 13A .0111(d).
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).
142C................. Universal Waste Rule: 5/11/95 60 FR 25492 NCGS Sec. 130A-
Specific Provisions 294(c)(1).
for Pesticides. NCGS Sec. 130A-
294(c)(2)-(7).
NCGS Sec. 130A-
294(c)(11)-(12).
NCGS Sec. 130A-
294(c)(14)-(15).
NCGS Sec. 130A-
294(d).
NCGS Sec. 130A-
294(h)(2).
NCGS Sec. 130A-18.
NCGS Sec. 130A-19.
NCGS Sec. 130A-20.
NCGS Sec. 130A-303.
NCGS Sec. 150B-21.6.
NCGS Sec. 143-441.
15A NCAC 13A .0102(b).
15A NCAC 13A .0106(a).
15A NCAC 13A .0109(b).
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).
2 NCAC 9L .0600.
142D................. Universal Waste Rule: 5/11/95 60 FR 25492 NCGS Sec. 130A-
Specific Provisions 294(c)(1).
for Thermostats. NCGS Sec. 130A-
294(c)(2)-(7).
NCGS Sec. 130A-
294(c)(11)-(12).
NCGS Sec. 130A-
294(c)(14)-(15).
NCGS Sec. 130A-
294(d).
NCGS Sec. 130A-
294(h)(2).
NCGS Sec. 130A-18.
NCGS Sec. 130A-19.
NCGS Sec. 130A-20.
NCGS Sec. 130A-303.
NCGS Sec. 150B-21.6.
15A NCAC 13A .0102(b).
15A NCAC 13A .0106(a).
15A NCAC 13A .0109(b).
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).
[[Page 56837]]
142E................. Universal Waste Rule: 5/11/95 60 FR 25492 NCGS Sec. 130A-
Petition Provisions 294(c)(1).
to Add a New NCGS Sec. 130A-
Universal Waste. 294(c)(2)-(7).
NCGS Sec. 130A-
294(c)(11)-(12).
NCGS Sec. 130A-
294(c)(14)-(15).
NCGS Sec. 130A-
294(d).
NCGS Sec. 130A-18.
NCGS Sec. 130A-19.
NCGS Sec. 130A-20.
NCGS Sec. 130A-303.
NCGS Sec. 150B-21.6.
NCGS Sec. 150B-20.
15A NCAC 13A .0103(a).
15A NCAC 13A .0103(b).
15A NCAC 13A .0119(g)
15A NCAC 13A .0101.
144.................. Removal of Legally 6/29/95 60 FR 33915 NCGS Sec. 130A-
Obsolete Rules. 294(c)(1).
NCGS Sec. 130A-
294(c)(1a).
NCGS Sec. 130A-
294(c)(7).
NCGS Sec. 130A-
294(c)(14)-(15).
NCGS Sec. 130A-
294(h)(2).
NCGS Sec. 130A-17.
NCGS Sec. 130A-18.
NCGS Sec. 130A-19.
NCGS Sec. 130A-20.
NCGS Sec. 130A-23.
NCGS Sec. 130A-303.
NCGS Sec. 130A-304.
NCGS Sec. 150B-21.6.
15A NCAC 13A .0106(d).
15A NCAC 13A .0111(e).
15A NCAC 13A .0113(a).
15A NCAC 13A .0113(b).
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EPA shall administer any RCRA hazardous waste permits, or portions
of permits that contain conditions based upon the Federal program
provisions for which the State is applying for authorization and which
were issued by EPA prior to the effective date of this authorization.
EPA will suspend issuance of any further permits under the provisions
for which the State is being authorized on the effective date of this
authorization.
The State of North Carolina's Hazardous Waste Management Program is
not being authorized to operate in Indian Country.
C. Decision
I conclude that North Carolina's application for program revision
authorization meets all of the statutory and regulatory requirements
established by RCRA. Accordingly, EPA grants North Carolina Final
Authorization to operate its hazardous waste program as revised. North
Carolina now 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 the HSWA.
North Carolina also has primary enforcement responsibilities, although
EPA retains the right to conduct inspections under section 3007 of
RCRA, and to take enforcement actions under sections 3008, 3013 and
7003 of RCRA.
Unfunded Mandates Reform Act
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), P.L.
104-4, establishes requirements for Federal agencies to assess the
effects of certain regulatory actions on State, local, and tribal
governments and the private sector. Under sections 202 and 205 of the
UMRA, EPA generally must prepare a written statement of economic and
regulatory alternatives analyses for proposed and final rules with
Federal mandates, as defined by the UMRA, that may result in
expenditures to State, local, and tribal governments, in the aggregate,
or to the private sector, of $100 million or more in any one year. EPA
has determined that section 202 and 205 requirements do not apply to
today's action because this rule does not contain a Federal mandate
that may result in annual expenditures of $100 million or more for
State, local, and/or tribal governments in the aggregate, or the
private sector. Costs to State, local and/or tribal governments already
exist under the North Carolina's program, and today's action does not
impose any additional obligations on regulated entities. In fact, EPA's
approval of State programs generally may reduce, not increase,
compliance costs for the private sector. Further, as it applies to the
State, this action does not impose a Federal intergovernmental mandate
because UMRA does not include duties arising from participation in a
voluntary federal program.
The requirements of section 203 of UMRA also do not apply to
today's action. Before EPA establishes any regulatory requirements that
may significantly or uniquely affect small governments, including
tribal governments, section 203 of the UMRA requires EPA to develop a
small government agency plan. This rule contains no regulatory
requirements that might significantly or uniquely affect small
governments. Although small governments may be hazardous waste
generators, transporters, or own and/or operate TSDFs, they are already
subject to the regulatory requirements under the existing State laws
that are being authorized by EPA, and, thus, are not subject to any
additional significant or unique requirements by virtue of this program
approval.
[[Page 56838]]
Certification Under the Regulatory Flexibility Act
Pursuant to the Regulatory Flexibility Act (5 U.S.C. 601 et seq.,
as amended by the Small Business Regulatory Enforcement Fairness Act of
1996), whenever an agency is required to publish a notice of rulemaking
for any proposed or final rule, it must prepare and make available for
public comment a regulatory flexibility analysis that describes the
effect of the rule on small entities (i.e., small businesses, small
organizations, and small governmental jurisdictions). This analysis is
unnecessary, however, if the agency's administrator certifies that the
rule will not have a significant economic impact on a substantial
number of small entities.
The EPA has determined that this authorization will not have a
significant economic impact on a substantial number of small entities.
Such small entities which are hazardous waste generators, transporters,
or which own and/or operate TSDFs are already subject to the regulatory
requirements under the existing State laws that are now being
authorized by EPA. The EPA's authorization does not impose any
significant additional burdens on these small entities. This is because
EPA's authorization would simply result in an administrative change,
rather than a change in the substantive requirements imposed on these
small entities.
Pursuant to the provision at 5 U.S.C. 605(b), the Agency hereby
certifies that this authorization will not have a significant economic
impact on a substantial number of small entities. This authorization
approves regulatory requirements under existing State law to which
small entities are already subject. It does not impose any new burdens
on small entities. This rule, therefore, does not require a regulatory
flexibility analysis.
Submission to Congress and the Comptroller General
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 submitted a report containing this rule 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 of the rule in today's Federal Register. This rule is
not a ``major rule'' as defined by 5 U.S.C. 804(2).
Compliance With Executive Order 12866
The Office of Management and Budget has exempted this rule from the
requirements of Executive Order 12866.
Compliance With Executive Order 12875
Under Executive Order 12875, EPA may not issue a regulation that is
not required by statute and that creates a mandate upon a State, local
or tribal government, unless the Federal government provides the funds
necessary to pay the direct compliance costs incurred by those
governments, or EPA consults with those governments. If EPA complies
with consulting, Executive Order 12875 requires EPA to provide to the
Office of Management and Budget a description of the extent of EPA's
prior consultation with representatives of affected State, local and
tribal governments, the nature of their concerns, copies of any written
communications from the governments, and a statement supporting the
need to issue the regulation. In addition, Executive Order 12875
requires EPA to develop an effective process permitting elected
officials and other representatives of State, local and tribal
governments to provide meaningful and timely input in the development
of regulatory proposals containing significant unfunded mandates.
This rule does not create a mandate on State, local or tribal
governments. The rule does not impose any enforceable duties on these
entities. The State administers its hazardous waste program
voluntarily, and any duties on other State, local or tribal
governmental entities arise from that program, not from this today's
action. Accordingly, the requirements of Executive Order 12875 do not
apply to this rule.
Compliance With Executive Order 13045
Executive Order 13045 applies to any rule that the Office of
Management and Budget determines is economically significant as defined
under Executive Order 12866, and that EPA determines that the
environmental health or safety risk addressed by the rule has a
disproportionate effect on children. If the regulatory action meets
both criteria, the Agency must evaluate the environmental health or
safety effects of the planned rule on children and explain why the
planned regulation is preferable to other potentially effective and
reasonably feasible alternatives considered by the Agency.
The Agency has determined that the final rule is not a covered
regulatory action as defined in the Executive Order because it is not
economically significant and does not address environmental health and
safety risks. As such, the final rule is not subject to the
requirements of Executive Order 13045.
Compliance With Executive Order 13084
Under Executive Order 13084, EPA may not issue a regulation that is
not required by statute, that significantly or uniquely affects the
communities of Indian tribal governments, and that imposes substantial
direct compliance costs on those communities, unless the Federal
government provides the funds necessary to pay the direct compliance
costs incurred by the tribal governments, or EPA consults with those
governments. If EPA complies with consulting, Executive Order 13084
requires EPA to provide to the Office of Management and Budget, in a
separately identified section of the preamble to the rule, a
description of the extent of EPA's prior consultation with
representatives of affected tribal governments, a summary of the nature
of their concerns, and a statement supporting the need to issue the
regulation. In addition, Executive Order 13084 requires EPA to develop
an effective process permitting elected officials and other
representatives of Indian tribal governments ``to provide meaningful
and timely input in the development of regulatory policies on matters
that significantly or uniquely affect their communities.''
This rule is not subject to E.O. 13084 because it does not
significantly or uniquely affect the communities of Indian tribal
governments. North Carolina is not authorized to implement the RCRA
hazardous waste program in Indian country. This action has no effect on
the hazardous waste program that EPA implements in the Indian country
within the State.
Paperwork Reduction Act
Under the Paperwork Reduction Act, 44 U.S.C. 3501 et seq., Federal
agencies must consider the paperwork burden imposed by any information
request contained in a proposed rule or a final rule. This rule will
not impose any information requirements upon the regulated community.
[[Page 56839]]
National Technology Transfer and Advancement Act
Section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (NTTAA), Public Law No. 104-113, Sec. 12(d) (15 U.S.C. 272
note) directs EPA to use voluntary consensus standards in its
regulatory activities unless to do so would be inconsistent with
applicable law or otherwise impractical. Voluntary consensus standards
are technical standards (e.g., materials specifications, test methods,
sampling procedures, and business practices) that are developed or
adopted by voluntary consensus standards bodies. The NTTAA directs EPA
to provide Congress, through OMB, explanations when the Agency decides
not to use available and applicable voluntary consensus standards.
This action does not involve technical standards. Therefore, EPA
did not consider the use of any voluntary consensus standards.
List of Subjects in 40 CFR Part 271
Environmental protection, Administrative practice and procedure,
Confidential business information, Hazardous waste, Hazardous waste
transportation, Incorporation by reference, Indian lands,
Intergovernmental relations, Penalties, Reporting and record keeping
requirements, Water pollution control, Water supply.
Authority: This notice 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: August 27, 1998.
Michael V. Peyton,
Acting Regional Administrator, Region 4.
[FR Doc. 98-28490 Filed 10-22-98; 8:45 am]
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