[Federal Register Volume 64, Number 164 (Wednesday, August 25, 1999)]
[Rules and Regulations]
[Pages 46298-46302]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-21825]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 271
[FRL-6427-2]
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 for Final authorization of
revisions to its hazardous waste program under the Resource
Conservation and Recovery Act (RCRA). North Carolina's revision
consists of provisions promulgated between July 1, 1995 and June 30,
1997. The EPA has reviewed North Carolina's applications and determined
that its hazardous waste program revision satisfies all of the
requirements necessary to qualify for Final authorization. EPA is
authorizing the state program revision through this immediate final
action. EPA is publishing this rule without prior proposal because the
Agency views this as a noncontroversial action and does not anticipate
adverse comments. However, in the proposed rules section of this
Federal Register, EPA is publishing a separate document that will serve
as a proposal to authorize the revision should the Agency receive
adverse comment. Unless EPA receives adverse written comments during
the review and comment period, the decision to authorize North
Carolina's hazardous waste program revision will take effect as
indicated in the Dates section.
DATES: This Final authorization for North Carolina will become
effective without further notice on October 25, 1999, unless EPA
receives adverse comment by September 24, 1999. Should EPA receive such
comments the Agency will publish a timely withdrawal informing the
public that the rule will not take effect.
ADDRESSES: Send written comments to Narindar Kumar, Chief RCRA Programs
Branch, Waste Management Division, U.S. Environmental Protection
Agency, Atlanta Federal Center, 61 Forsyth Street, SW Atlanta, GA,
30303-3104. Copies of the North Carolina program revision applications
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
[[Page 46299]]
27687, Raleigh, North Carolina 29201, (919) 733-2178; and U.S. EPA
Region 4, Atlanta Federal Center, Library, 61 Forsyth Street, SW,
Atlanta, Georgia 30303; (404) 347-4216.
FOR FURTHER INFORMATION CONTACT: Narindar Kumar at (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 on December
14, 1984, effective December 31, 1984 (49 FR 48694) to implement its
base hazardous waste management program. North Carolina most recently
received authorization for revisions to its program on October 23,
1998, effective December 22, 1998, (63 FR 56834). On December 28, 1998
and February 23, 1999, North Carolina submitted final complete program
revision applications, seeking authorization of its program revision in
accordance with 40 CFR 271.21. The EPA reviewed North Carolina's
applications, 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
North Carolina Final Authorization for the program modifications
contained in the revision.
North Carolina is today seeking authority to administer the
following Federal requirements promulgated between July 1, 1995,
through June 30, 1997.
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Federal requirement Federal Register Analogous State authority \1\
----------------------------------------------------------------------------------------------------------------
Liquids in Landfills III Checklist 60 FR 35703 7/11/95.................... NCGS Sec. 130A-294(c)(7), NCGS
145. Sec. 130A-294(c)(15), NCGS Sec.
130A-295.03, NCGS Sec. 150B-21.6,
15A NCAC 13A .0109(o), 15A NCAC
13A .0110(n).
RCRA Expanded Public Participation 12/11/95 60 FR 63417................... NCGS Sec. 130A-294(c)(7), NCGS
Checklist 148. Sec. 130A-294(c)(14), NCGS Sec.
130A-294(c)(15), NCGS Sec. 130A-
294(d), NCGS Sec. 130A-294(f),
NCGS Sec. 130A-294(g), NCGS Sec.
130A-294(o), NCGS Sec. 150B-21.6,
15A NCAC 13A .0105(b), 15A NCAC
13A .0113(a), 15A NCAC 13A
.0113(b), 15A NCAC 13A .0113(f),
15A NCAC 13A .0113(i).
Amendments to the Definition of 3/26/96 61 FR 13103.................... NCGS Sec. 130A-294(c)(1), NCGS
Solid Waste; Amendment II Sec. 130A-294(c)(15), NCGS Sec.
Checklist 150. 150B-21.6, 15A NCAC 13A .0106(a).
Land Disposal Restrictions Phase 4/8/96 61 FR 15566, 4/8/96 61 FR 15660, NCGS Sec. 130A-294(c)(7), NCGS
III--Decharacterized Wastewaters, 4/30/96 61 FR 19117, 6/28/96 61 FR Sec. 130A-294(c)(15), NCGS Sec.
Carbamate Wastes, and Spent 33680, 7/10/96 61 FR 36419, 8/26/98 61 130A-294(h)(2), NCGS Sec. 150B-
Potliners Checklist 151. FR 43924, 2/19/97 62 FR 7502. 21.6, 15A NCAC 13A .0112(a), 15A
NCAC 13A .0112(b), 15A NCAC 13A
.0112(c), 15A NCAC 13A .0112(e).
Conditionally Exempt Small 7/1/96 61 FR 34252..................... NCGS Sec. 130A-294(c)(1), NCGS
Quantity Generator Disposal Sec. 130A-294(c)(15), 15A NCAC
Options under Subtitle D 13A .0106(a).
Checklist 153.
Consolidated Organic Air Emission 12/6/94 59 FR 62896, 5/9/95 60 FR NCGS Sec. 130A-294(c)(7), NCGS
Standards for Tanks, Surface 26828, 9/29/95 60 FR 50430, 11/13/95 Sec. 130A-294(c)(14), NCGS Sec.
Impoundments, and Containers 60 FR 56952, 2/9/96 61 FR 4903, 6/5/96 130A-294(c)(15), 15A NCAC 13A
Checklist 154. 61 FR 28508, 11/25/96 61 FR 59932. .0101(e), 15A NCAC 13A .0106(a),
15A NCAC 13A .0107(c), 15A NCAC
13A .0109(c), 15A NCAC 13A
.0109(f), 15A NCAC 13A .0109(j),
15A NCAC 13A .0109(k), 15A NCAC
13A .0109(l)(1), 15A NCAC 13A
.0109(u), 15A NCAC 13A .0109(v),
15A NCAC 13A .0109(w), 15A NCAC
13A .0109(x), 15A NCAC 13A
.0110(a), 15A NCAC 13A .0110(b),
15A NCAC 13A .0110(e), 15A NCAC
13A .0110(i), 15A NCAC 13A
.0110(j), 15A NCAC 13A .0110(k),
15A NCAC 13A .0110(s), 15A NCAC
13A .0110(t), 15A NCAC 13A
.0110(u), 15A NCAC 13A .0110(w),
15A NCAC 13A .0113(a), 15A NCAC
13A .0113(b).
Land Disposal restrictions Phase 1/14/97 62 FR 1992..................... NCGS Sec. 130A-294(c)(7), NCGS
III--Emergency Extension of the Sec. 130A-294(c)(15), NCGS Sec.
KO88 Capacity Variance Checklist 130A-294(h)(2), 15A NCAC 13A
155. .0112(b).
Land Disposal restrictions Phase 5/12/97 62 FR 25998.................... NCGS Sec. 130A-294(c)(1), NCGS
IV--Treatment Standards for Wood Sec. 130A-294(c)(7), NCGS Sec.
Preserving Waste, Paperwork 130A-294(c)(15), NCGS Sec. 130A-
Reduction and Streamlining 294(h)(2), 15A NCAC 13A .0106(a),
Checklist 157. 15A NCAC 13A .0112(a), 15A NCAC
13A .0112(b), 15A NCAC 13A
.0112(c), 15A NCAC 13A .0112(e).
Testing and Monitoring Activities 6/13/97 62 FR 32452.................... NCGS Sec. 130A-294(c)(7), NCGS
Amendment III Checklist 158. Sec. 130A-294(c)(11), NCGS Sec.
130A-294(c)(15), 15A NCAC 13A
.0101(e), 15A NCAC 13A .0109(v),
15A NCAC 13A .0109(w), 15A NCAC
13A .0109(z), 15A NCAC 13A
.0110(s), 15A NCAC 13A .0110(t),
15A NCAC 13A .0111(d), 15A NCAC
13A .0111(e).
Conformance with the Carbamate 6/17/97 62 FR 32974.................... NCGS Sec. 130A-294(c)(1), NCGS
Vacatur Checklist 159. Sec. 130A-294(c)(1)(a), NCGS Sec.
130A-294(c)(7), NCGS Sec. 130A-
294(c)(15), NCGS Sec. 130A-
294(h)(2), 15A NCAC 13A .0106(d),
15A NCAC 13A .0106(e), 15A NCAC
13A .0112(b), 15A NCAC 13A
.0112(c).
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\1\ The North Carolina provisions are from the North Carolina Administrative Code, August 14, 1998, unless
otherwise stated.
[[Page 46300]]
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.
North Carolina is not authorized to operate the federal program on
Indian lands. This authority remains with EPA unless provided otherwise
in a future statute or regulation.
EPA is publishing this rule without prior proposal because we view
this as a noncontroversial program revision and do not anticipate
adverse comment. However in the ``Proposed Rules'' section of today's
Federal Register, we are publishing a separate document that will serve
as the proposal to authorize the revision if we receive adverse
comments. This authorization will become effective without further
notice on October 25, 1999, unless EPA receives adverse comment by
September 24, 1999. Should EPA receive such comments it will publish a
timely withdrawal informing the public that the rule will not take
effect. We will address all public comments in a subsequent final
action based on the proposed rule. EPA may not provide additional
opportunity for comment. Any parties interested in commenting must do
so at this time.
The public may submit written comments on EPA's immediate final
decision until September 24, 1999. Copies of North Carolina's
applications for program revision are available for inspection and
copying at the locations indicated in the ADDRESSES section of this
document. The ADDRESSES section also indicates where to send written
comments on this action.
C. Decision
I conclude that North Carolina's applications for program revision
authorization meet 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 applications, 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.
D. Codification in Part 272
The EPA uses 40 CFR part 272 for codification of the decision to
authorize North Carolina's program and for incorporation by reference
of those provisions of its statutes and regulations that EPA will
enforce under sections 3008, 3013 and 7003 of RCRA. EPA reserves
amendment of 40 CFR part 272, Subpart II until a later date.
Unfunded Mandates Reform Act
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Pub.
L. 104-4, establishes requirements for Federal agencies to assess the
effects of their regulatory actions on State, local, and tribal
governments and the private sector. Under section 202 of the UMRA, EPA
generally must prepare a written statement, including a cost-benefit
analysis, for proposed and final rules with ``Federal mandates'' 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. Before promulgating an EPA rule for which a written statement
is needed, section 205 of the UMRA generally requires EPA to identify
and consider a reasonable number of regulatory alternatives and adopt
the least costly, most cost-effective or least burdensome alternative
that achieves the objectives of the rule. The provisions of section 205
do not apply when they are inconsistent with applicable law. Moreover,
section 205 allows EPA to adopt an alternative other than the least
costly, most cost-effective or least burdensome alternative if the
Administrator publishes with the final rule an explanation why that
alternative was not adopted. Before EPA establishes any regulatory
requirements that may significantly or uniquely affect small
governments, including tribal governments, it must have developed under
section 203 of the UMRA a small government agency plan. The plan must
provide for notifying potentially affected small governments, enabling
officials of affected small governments to have meaningful and timely
input in the development of EPA regulatory proposals with significant
Federal intergovernmental mandates, and informing, educating, and
advising small governments on compliance with the regulatory
requirements.
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 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 because 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.
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
[[Page 46301]]
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 will submit 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 action.
Accordingly, the requirements of Executive Order 12875 do not apply to
this rule.
Compliance With Executive Order 13045
Executive Order 13045, ``Protection of Children from Environmental
Health Risks and Safety Risks,'' applies to any rule that: (1) The
Office of Management and Budget determines is ``economically
significant'' as defined under Executive Order 12866, and (2) concerns
an environmental health or safety risk that EPA has reason to believe
may have 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.
This rule is not subject to E.O. 13045 because it is not an
economically significant rule as defined by E.O. 12866, and because it
does not involve decisions based on environmental health or safety
risks.
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 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.
National Technology Transfer and Advancement Act
Section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (``NTTAA''), Pub. L. 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, Indian lands, Intergovernmental relations, Penalties,
Reporting and recordkeeping requirements, Water pollution control,
Water supply.
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).
[[Page 46302]]
Dated: August 13, 1999.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.
[FR Doc. 99-21825 Filed 8-24-99; 8:45 am]
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