North Carolina: Final Authorization of State Hazardous Waste Management Program Revision, 14556-14559 [05-5722]
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Federal Register / Vol. 70, No. 55 / Wednesday, March 23, 2005 / Rules and Regulations
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[FR Doc. 05–5720 Filed 3–22–05; 8:45 am]
BILLING CODE 6560–50–S
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 271
[FRL–7888–3]
North Carolina: Final Authorization of
State Hazardous Waste Management
Program Revision
Environmental Protection
Agency (EPA).
ACTION: Immediate final rule.
AGENCY:
North Carolina has applied to
EPA for Final authorization of the
changes to its hazardous waste program
under the Resource Conservation and
Recovery Act (RCRA). EPA has
determined that these changes satisfy all
requirements needed to qualify for Final
authorization, and is authorizing the
State’s changes through this immediate
final action. EPA is publishing this rule
to authorize the changes without a prior
proposal because we believe this action
is not controversial and do not expect
comments that oppose it. Unless we get
written comments which oppose this
authorization during the comment
period, the decision to authorize North
Carolina’s changes to their hazardous
waste program will take effect. If we get
comments that oppose this action, we
will publish a document in the Federal
Register withdrawing this rule before it
takes effect and a separate document in
the proposed rules section of this
Federal Register will serve as a proposal
to authorize the changes.
DATES: This Final authorization will
become effective on May 23, 2005,
unless EPA receives adverse written
comment by April 22, 2005. If EPA
receives such comment, it will publish
a timely withdrawal of this immediate
final rule in the Federal Register and
inform the public that this authorization
will not take effect.
ADDRESSES: Send written comments to
Thornell Cheeks, North Carolina
Authorizations Coordinator, RCRA
Programs Branch, Waste Management
Division, U.S. Environmental Protection
Agency, Atlanta Federal Center, 61
Forsyth Street, SW., Atlanta, GA 30303–
3104; (404) 562–8479. You may also email your comments to
Cheeks.Thornell@epa.gov or submit
your comments at https://
www.regulation.gov. Copies of North
Carolina’s applications may be viewed
from 9 a.m. to 4 p.m. at the following
addresses: North Carolina Department of
SUMMARY:
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Environment and Natural Resources,
401 Oberlin Rd., Suite 150, Raleigh,
North Carolina 29201, (919)733–2178;
and EPA Region 4, Atlanta Federal
Center, Library, 61 Forsyth Street, SW.,
Atlanta, Georgia 30303; (404) 562–8190,
John Wright, Librarian.
FOR FURTHER INFORMATION CONTACT:
Thornell Cheeks, North Carolina
Authorizations Coordinator, RCRA
Programs Branch, Waste Management
Division, U.S. Environmental Protection
Agency, Atlanta Federal Center, 61
Forsyth Street, SW., Atlanta, GA 30303–
3104; (404) 562–8479.
SUPPLEMENTARY INFORMATION:
A. Why Are Revisions to State
Programs Necessary?
States which have received final
authorization from EPA under RCRA
section 3006(b), 42 U.S.C. 6926(b), must
maintain a hazardous waste program
that is equivalent to, consistent with,
and no less stringent than the Federal
program. As the Federal program
changes, States must change their
programs and ask EPA to authorize the
changes. Changes to State programs may
be necessary when Federal or State
statutory or regulatory authority is
modified or when certain other changes
occur. Most commonly, States must
change their programs because of
changes to EPA’s regulations in 40 Code
of Federal Regulations (CFR) parts 124,
260 through 266, 268, 270, 273 and 279.
B. What Decisions Have We Made in
This Rule?
We conclude that North Carolina’s
applications to revise its authorized
program meets all of the statutory and
regulatory requirements established by
RCRA. Therefore, we grant North
Carolina Final authorization to operate
its hazardous waste program with the
changes described in the authorization
applications. North Carolina has
responsibility for permitting Treatment,
Storage, and Disposal Facilities (TSDFs)
within its borders (except in Indian
Country) and for carrying out the
aspects of the RCRA program described
in its revised program application,
subject to the limitations of the
Hazardous and Solid Waste
Amendments of 1984 (HSWA). New
Federal requirements and prohibitions
imposed by Federal regulations that
EPA promulgates under the authority of
HSWA take effect in authorized States
before they are authorized for the
requirements. Thus, EPA will
implement those requirements and
prohibitions in North Carolina,
including issuing permits, until the
State is granted authorization to do so.
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C. What Is the Effect of Today’s
Authorization Decision?
The effect of this decision is that a
facility in North Carolina subject to
RCRA will now have to comply with the
authorized State requirements instead of
the equivalent Federal requirements in
order to comply with RCRA. North
Carolina has enforcement
responsibilities under its State
hazardous waste program for violations
of such program, but EPA retains its
authority under RCRA sections 3007,
3008, 3013, and 7003, which include,
among others, authority to:
• Do inspections, and require
monitoring, tests, analyses or reports.
• Enforce RCRA requirements and
suspend or revoke permits.
• Take enforcement actions regardless
of whether the State has taken its own
actions.
This action does not impose
additional requirements on the
regulated community because the
regulations for which North Carolina is
being authorized by today’s action are
already effective, and are not changed
by today’s action.
D. Why Wasn’t There a Proposed Rule
Before Today’s Rule?
EPA did not publish a proposal before
today’s rule because we view this as a
routine program change and do not
expect comments that oppose this
approval. We are providing an
opportunity for public comment now. In
addition to this rule, in the proposed
rules section of today’s Federal Register
we are publishing a separate document
that proposes to authorize the State
program changes.
E. What Happens if EPA Receives
Comments That Oppose This Action?
If EPA receives comments that oppose
this authorization, we will withdraw
this rule by publishing a document in
the Federal Register before the rule
becomes effective. EPA will base any
further decision on the authorization of
the State program changes on the
proposal mentioned in the previous
paragraph. We will then address all
public comments in a later final rule.
You may not have another opportunity
to comment. If you want to comment on
this authorization, you must do so at
this time.
If we receive comments that oppose
only the authorization of a particular
change to the State hazardous waste
program, we will withdraw that part of
this rule but the authorization of the
program changes that the comments do
not oppose will become effective on the
date specified above. The Federal
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Register withdrawal document will
specify which part of the authorization
will become effective, and which part is
being withdrawn.
F. What Has North Carolina Previously
Been Authorized for?
North Carolina initially received final
authorization on December 14, 1984,
effective December 31, 1984 (49 FR
48694) to implement its base hazardous
waste management program. We granted
authorization for changes on March 25,
1986 (51 FR 10211) effective April 8,
1986, August 5, 1988 (53 FR 1988)
effective October 4, 1988, February 9,
1989 (54 FR 6290) effective April
10,1989, September 22, 1989 (54 FR
38993) effective November 21, 1989,
January 18, 1991 (56 FR 1929) effective
March 19, 1991, April 10, 1991 (56 FR
14474) effective June 9, 1991, July 19,
1991 (56 FR 33206) effective September
17, 1991, April 27, 1992 (57 FR 15254)
effective June 26, 1992, December 12,
1992 (57 FR 59825) effective February
16, 1993, June 3, 1993 (58 FR 31474)
effective June 3, 1993, January 27, 1994
(59 FR 3792) effective March 28 1994,
April 4, 1994 (59 FR 15633) effective
June 3, 1994, June 23, 1994 (59 FR
32378) effective August 22, 1994,
November 10, 1994 (59 FR 56000)
effective January 9, 1995, September 27,
1995 (60 FR 49800) effective November
27, 1995, April 25, 1996 (61 FR 18284)
effective June 24, 1996, October 23,
1998 (63 FR 56834) effective December
22, 1998, August 25 1999 (64 FR 46298)
effective October 25, 1999, and February
28, 2002 (67 FR 9219) effective April 29,
2002. North Carolina most recently
received authorization for revisions to
its program on February 14, 2005 (69 FR
74444).]
G. What Changes Are We Authorizing
With Today’s Action?
On November 29, 2004 and January
31, 2005 North Carolina submitted final
complete program revision applications,
seeking authorization of their changes in
accordance with 40 CFR 271.21. North
Carolina’s revisions consists of
provisions promulgated July 1, 2000
through June 30, 2001 (RCRA XI); July
1, 2001 through June 30, 2002,(RCRA
XII); July 1, 2002 through June 30, 2003
(RCRA XIII) and July 1, 2003 through
June 30, 2004 otherwise known as
RCRA XIV. The rule adoption for the
provisions of RCRA XI, and XII covered
in this action became effective April 10,
2003. The rule adoption for the
provisions of RCRA XIII and XIV
covered in this action became effective
August 10, 2004 unless otherwise noted.
North Carolina Statutes at section150B–
21.6 and section 130A–294 allow the
North Carolina Department of
Environment and Natural Resources to
administer the rules governing
hazardous waste management. We now
make an immediate final decision,
subject to receipt of written comments
that oppose this action, that North
Carolina’s hazardous waste program
revisions satisfy all of the requirements
necessary to qualify for Final
authorization. Therefore, we grant North
Carolina Final authorization for the
following program changes:
Analogous state authority 1
Federal requirements
Federal Register
Hazardous Air Pollutant Standards: Technical
Corrections; Checklist 188, RCRA Cluster XI,
Non-HSWA Provision.
65 FR 42292–42302 ........................................
July 10, 2000 as amended May 14, 2001
66 FR 24270–24272 and July 3, 2001 66 FR
35087–35107
65 FR 67068–67133 ........................................
November 8, 2000
Chlorinated Aliphatics Listing and LDRs for
Newly Identified Wastes; Checklist 189,
RCRA Cluster XI, HSWA Provision.
Land Disposal Restrictions Phase IV—Deferral
for PCBs in Soil; Checklist 190, RCRA Cluster XI, HSWA Provision.
Mixed Waste Rule; Checklist 191, RCRA Cluster XI, HSWA and Non-HSWA Provision.
Mixture and Derived-From Rules Revisions;
Checklist 192 A, RCRA Cluster XI, HSWA
and Non-HSWA Provision.
Land Disposal Restrictions Correction; Checklist 192B, RCRA Cluster XI, HSWA.
Change of Official EPA Mailing Address;
Checklist 193, RCRA Cluster XI, HSWA/nonHSWA.
Mixture and Derived-From Rules Revision II;
Checklist 194, RCRA XII, HSWA/Non-HSWA.
Inorganic Chemical Manufacturing Wastes
Identification and Listing; Checklist 195,
RCRA XII, HSWA/Non-HSWA.
65 FR 81373–81381 ........................................
December 26, 2000
66 FR 27218—27266 ......................................
May 16, 2001
66 FR 27266–27297 ........................................
May 16, 2001
13A.0106(d),
13A.0106(e),
13A.0112(b),
13A.0112(c).
13A.0112(b),
13A.0112(c),
13A.0112(e).
13A.0111(f).
15A NCAC 13A.0106(a).
15A NCAC 13A.0106(a).
67 FR 6968–6996 ............................................
February 14, 2002
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66 FR 50332–50334 ........................................
October 3, 2001
66 FR 58258–58300 ........................................
November 20, 2001
Hazardous Air Pollutant Standards for
Combusters; Corrections; Checklist 198,
RCRA XII, HSWA/non-HSWA Provision.
14:14 Mar 22, 2005
15A
15A
15A
15A
15A
15A
15A
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15A NCAC 13A.0112(e).
67 FR 2962–3029 ............................................
January 22, 2002
67 FR 6792–6818 ............................................
February 13, 2002
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15A NCAC 13A.0106(d),
15A NCAC 13A.0109(q),
15A NCAC 13A.0113(g).
66 FR 27266–27297 ........................................
May 16, 2001
66 FR 34374–34376 ........................................
June 28, 2001
CAMU Amendments; Checklist 196, RCRA XII,
HSWA Provision.
Hazardous Air Pollutant Standards for
Combusters; Interim Standards; Checklist
197, RCRA XII, HSWA/non-HSWA Provision.
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15A NCAC 13A.0101(e).
15A
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NCAC
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NCAC
NCAC
13A.0106(a),
13A.0106(d),
13A.0106(e),
13A.0112(b),
13A.0112(c).
13A.0112(b),
13A.0109(s).
13A.0109(q),
13A.0110(o),
13A.0111(d),
13A.0113(b),
13A.0113(i),
13A.0113(k).
13A.0111(d),
13A.0113(g).
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Federal Register / Vol. 70, No. 55 / Wednesday, March 23, 2005 / Rules and Regulations
Analogous state authority 1
Federal requirements
Federal Register
Vacatur of Mineral Processing Spent Materials
being Reclaimed as Solid Wastes and TCLP
Use with MGP Waste; Checklist 199, RCRA
XII, HSWA/non-HSWA Provision.
Zinc Fertilizer Rule; Checklist 200, RCRA XIII,
HSWA/Non-HSWA.
67 FR 11251–11254 ........................................
March 13, 2002
15A NCAC 13A.0106(a),
15A NCAC 13A.0106(c).
67 FR 48393–48415 ........................................
July 24, 2002
15A NCAC 13A.0106(a),
15A NCAC 13A.0111(a),
15A NCAC 13A.0112(c).
Treatment Variance for Radioactivity; Checklist
201, RCRA XIII, HSWA Provision.
Hazardous Air Pollutant Standards for
Combuster—Corrections 2; Checklist 202,
RCRA XIII, HSWA Provision.
Recycled Used Oil Management Standards;
Clarification; Checklist 203, RCRA XIV, NonHSWA Provision.
Performance Track; Checklist 204, RCRA XIV,
Non-HSWA Provision.
67 FR 62618—62624 ......................................
October 7, 2002
67 FR 77687–77692 ........................................
December 19, 2002
15A NCAC 13A.0112(c).
15A NCAC 13A.0113(b),
15A NCAC 13A.0113(i).
68 FR 44659–44665 ........................................
July 30, 2003
15A NCAC 13A.0107(c).
69 FR 21737–21754 ........................................
April 22, 2004
69 FR 62217
October 25, 2004
69 FR 22601–22661 ........................................
April 26, 2004
15A NCAC 13A.0106(a),
15A NCAC 13A.0118(b),
15A NCAC 13A.0118(h).
NESHAP: Surface Coating of Automobiles and
Light Duty Trucks; Checklist 205, RCRA XIV,
Non-HSWA Provision.
15A NCAC 13A.0109(w),
15A NCAC 13A.0110(t).
1 The North Carolina provisions for RCRA 11 and 12 are from the North Carolina Hazardous Waste Management Rules 15A NCAC 13A, dated
April 10, 2003, unless otherwise stated. North Carolina provisions for RCRA 13 and 14 are from the North Carolina Hazardous Waste Rules 15A
NCAC 13A dated August 10, 2004 unless otherwise stated.
H. Where are the Revised State Rules
Different From the Federal Rules?
There are no State requirements that
are more stringent or broader in scope
than the Federal requirements.
I. Who Handles Permits After the
Authorization Takes Effect?
North Carolina will issue permits for
all the provisions for which it is
authorized and will administer the
permits it issues. EPA will continue to
administer any RCRA hazardous waste
permits or portions of permits which we
issued prior to the effective date of this
authorization. We will not issue any
more new permits or new portions of
permits for the provisions listed in the
Table above after the effective date of
this authorization. EPA will continue to
implement and issue permits for HSWA
requirements for which North Carolina
is not yet authorized.
J. How Does Today’s Action Affect
Indian Country (18 U.S.C. 115) in North
Carolina?
North Carolina is authorized to carry
out its hazardous waste program in
Indian Country within the State, which
includes the Cherokee Indian Nation.
Therefore, this action has no effect on
Indian Country. EPA will continue to
implement and administer the RCRA
program in these lands.
K. What Is Codification and Is EPA
Codifying North Carolina’s Hazardous
Waste Program as Authorized in This
Rule?
Codification is the process of placing
the State’s statutes and regulations that
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comprise the State’s authorized
hazardous waste program into the Code
of Federal Regulations. We do this by
referencing the authorized State rules in
40 CFR part 272. We reserve the
amendment of 40 CFR part 272, subpart
II for this authorization of North
Carolina’s program changes until a later
date.
L. Administrative Requirements
The Office of Management and Budget
has exempted this action from the
requirements of Executive Order 12866
(58 FR 51735, October 4, 1993), and
therefore this action is not subject to
review by OMB. This action authorizes
State requirements for the purpose of
RCRA section 3006 and imposes no
additional requirements beyond those
imposed by State law. Accordingly, I
certify that this action will not have a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.). Because this action
authorizes pre-existing requirements
under State law and does not impose
any additional enforceable duty beyond
that required by State law, it does not
contain any unfunded mandate or
significantly or uniquely affect small
governments, as described in the
Unfunded Mandates Reform Act of 1995
(Public Law 104–4). For the same
reason, this action also does not
significantly or uniquely affect the
communities of Tribal governments, as
specified by Executive Order 13175 (65
FR 67249, November 9, 2000). This
action will not have substantial direct
effects on the States, on the relationship
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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
standard that otherwise satisfies the
requirements of RCRA. Thus, the
requirements of section 12(d) of the
National Technology Transfer and
Advancement Act of 1995 (15 U.S.C.
272) do not apply. As required by
Section 3 of Executive Order 12988 (61
FR 4729, February 7, 1996), in issuing
this rule, EPA has taken the necessary
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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 May 23, 2005.
List of Subjects in 40 CFR Part 271
Environmental protection,
Administrative practice and procedure,
Confidential business information,
Hazardous material transportation,
Hazardous waste, Indians-lands,
Intergovernmental relations, Penalties,
Reporting and recordkeeping
requirements.
Authority: This action is issued under the
authority of sections 2002(a), 3006 and
7004(b) of the Solid Waste Disposal Act as
amended 42 U.S.C. 6912(a), 6926, 6974(b).
Dated: March 10, 2005.
A. Stanley Meiburg,
Deputy Regional Administrator, Region 4.
[FR Doc. 05–5722 Filed 3–22–05; 8:45 am]
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GENERAL SERVICES
ADMINISTRATION
41 CFR Part 105
[GSPMR Amendment 2005–01; GSPMR
Case 2004–105–1]
General Services Administration
Property Management Regulations;
Privacy Act of 1974; New System of
Records Exemption
Office of Inspector General,
General Services Administration (GSA).
ACTION: Final rule.
AGENCY:
SUMMARY: The GSA Office of Inspector
General (OIG) is publishing a final rule
amending the General Services
Administration Property Management
Regulation (GSPMR) to exempt the new
system of records, Internal Evaluation
Case Files (GSA/ADM–25), from certain
information disclosure provisions. Due
to the law enforcement nature of the
records, a rule amendment is required
in order to invoke the relevant
exemptions under the Privacy Act of
1974, as amended (5 U.S.C 552a). The
exemption will assist the OIG to
efficiently and effectively perform
internal investigations and other
authorized duties and activities.
DATES: March 23, 2005.
FOR FURTHER INFORMATION CONTACT: GSA
Privacy Act Officer, General Services
Administration, Office of the Chief
People Officer, 1800 F Street NW,
Washington DC 20405; telephone (202)
501–1452.
ADDRESSES: Any correspondence
relating to this rule amendment should
be submitted to the Office of Counsel to
the Inspector General (JC), Office of
Inspector General, General Services
Administration, 1800 F Street NW,
Washington DC 20405.
SUPPLEMENTARY INFORMATION:
A. Background
In the December 29, 2004, issue of the
Federal Register, an OIG notice was
published proposing the establishment
of the new system of records ‘‘Internal
Evaluation Case Files,’’ (GSA/ADM–25),
under the Privacy Act, as amended, 5
U.S.C. 552a. An amendment to GSPMR
105–64.6 (41 CFR 105–64.6) is necessary
to exempt that system of records from
the provisions of the Act that require,
among other things, that the OIG
provide notice when collecting
information, account for certain
disclosures, permit individuals access to
their records, and allow them to request
that the records be amended. These
provisions would interfere with the
conduct of OIG internal investigations if
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14559
applied to the OIG’s maintenance of the
proposed system of records.
Accordingly, the OIG exempts the
system of records under sections (j)(2)
and (k)(2) of the Privacy Act. Section
(j)(2), 5 U.S.C. 552a(j)(2), exempts a
system of records maintained by ‘‘the
agency or component thereof which
performs as its principal function any
activity pertaining to enforcement of
criminal laws . . ..’’ Section (k)(2), 5
U.S.C. § 552a(k)(2), exempts a system of
records consisting of ‘‘investigatory
materials compiled for law enforcement
purposes,’’ where such materials are not
within the scope of the (j)(2) exemption
pertaining to criminal law enforcement.
Where applicable, section (j)(2) may
be invoked to exempt a system of
records from any Privacy Act provision
except: 5 U.S.C. 552a(b) (conditions of
disclosure); (c) (1) and (2) (accounting of
disclosures and retention of accounting,
respectively); (e)(4) (A) through (F)
(system notice requirements); (e) (6), (7),
(9), (10), and (11) (certain agency
requirements relating to system
maintenance); and (i) (criminal
penalties). Section (k)(2) may be
invoked to exempt a system of records
from 5 U.S.C. 552a(c)(3) (making
accounting of disclosures available to
the subject individual); (d) (access to
records); (e)(1) (G), (H) and (I) (notice of
certain procedures); and (f)
(promulgation of certain Privacy Act
rules).
The system of records consists of
information covered by the (j)(2) and
(k)(2) exemptions. The OIG internal
evaluation case files are maintained
pursuant to official investigatory and
law enforcement functions of the OIG
under the authority of the Inspector
General Act of 1978, Public Law 95–
452, 5 U.S.C. App. 3 (1978).
Furthermore, the OIG constitutes a GSA
component that performs as one of its
principal functions activities pertaining
to the enforcement of criminal laws, see
5 U.S.C. 552a(j)(2). Information covered
under the (j)(2) exemption includes, but
is not limited to, information compiled
for the purpose of identifying criminal
offenders and alleged offenders and
consisting of identifying data and
notations of arrests, and the nature and
disposition of criminal charges,
sentencing, confinement, release, and
parole and probation status; information
compiled for the purpose of a criminal
investigation, including reports of
informants and investigators, that is
associated with an identifiable
individual; or reports of enforcement of
the criminal laws from arrest or
indictment through release from
supervision. Information contained in
OIG complaint and investigative files
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[Federal Register Volume 70, Number 55 (Wednesday, March 23, 2005)]
[Rules and Regulations]
[Pages 14556-14559]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-5722]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 271
[FRL-7888-3]
North Carolina: Final Authorization of State Hazardous Waste
Management Program Revision
AGENCY: Environmental Protection Agency (EPA).
ACTION: Immediate final rule.
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SUMMARY: North Carolina has applied to EPA for Final authorization of
the changes to its hazardous waste program under the Resource
Conservation and Recovery Act (RCRA). EPA has determined that these
changes satisfy all requirements needed to qualify for Final
authorization, and is authorizing the State's changes through this
immediate final action. EPA is publishing this rule to authorize the
changes without a prior proposal because we believe this action is not
controversial and do not expect comments that oppose it. Unless we get
written comments which oppose this authorization during the comment
period, the decision to authorize North Carolina's changes to their
hazardous waste program will take effect. If we get comments that
oppose this action, we will publish a document in the Federal Register
withdrawing this rule before it takes effect and a separate document in
the proposed rules section of this Federal Register will serve as a
proposal to authorize the changes.
DATES: This Final authorization will become effective on May 23, 2005,
unless EPA receives adverse written comment by April 22, 2005. If EPA
receives such comment, it will publish a timely withdrawal of this
immediate final rule in the Federal Register and inform the public that
this authorization will not take effect.
ADDRESSES: Send written comments to Thornell Cheeks, North Carolina
Authorizations Coordinator, RCRA Programs Branch, Waste Management
Division, U.S. Environmental Protection Agency, Atlanta Federal Center,
61 Forsyth Street, SW., Atlanta, GA 30303-3104; (404) 562-8479. You may
also e-mail your comments to Cheeks.Thornell@epa.gov or submit your
comments at https://www.regulation.gov. Copies of North Carolina's
applications may be viewed from 9 a.m. to 4 p.m. at the following
addresses: North Carolina Department of Environment and Natural
Resources, 401 Oberlin Rd., Suite 150, Raleigh, North Carolina 29201,
(919)733-2178; and EPA Region 4, Atlanta Federal Center, Library, 61
Forsyth Street, SW., Atlanta, Georgia 30303; (404) 562-8190, John
Wright, Librarian.
FOR FURTHER INFORMATION CONTACT: Thornell Cheeks, North Carolina
Authorizations Coordinator, RCRA Programs Branch, Waste Management
Division, U.S. Environmental Protection Agency, Atlanta Federal Center,
61 Forsyth Street, SW., Atlanta, GA 30303-3104; (404) 562-8479.
SUPPLEMENTARY INFORMATION:
A. Why Are Revisions to State Programs Necessary?
States which have received final authorization from EPA under RCRA
section 3006(b), 42 U.S.C. 6926(b), must maintain a hazardous waste
program that is equivalent to, consistent with, and no less stringent
than the Federal program. As the Federal program changes, States must
change their programs and ask EPA to authorize the changes. Changes to
State programs may be necessary when Federal or State statutory or
regulatory authority is modified or when certain other changes occur.
Most commonly, States must change their programs because of changes to
EPA's regulations in 40 Code of Federal Regulations (CFR) parts 124,
260 through 266, 268, 270, 273 and 279.
B. What Decisions Have We Made in This Rule?
We conclude that North Carolina's applications to revise its
authorized program meets all of the statutory and regulatory
requirements established by RCRA. Therefore, we grant North Carolina
Final authorization to operate its hazardous waste program with the
changes described in the authorization applications. North Carolina has
responsibility for permitting Treatment, Storage, and Disposal
Facilities (TSDFs) within its borders (except in Indian Country) and
for carrying out the aspects of the RCRA program described in its
revised program application, subject to the limitations of the
Hazardous and Solid Waste Amendments of 1984 (HSWA). New Federal
requirements and prohibitions imposed by Federal regulations that EPA
promulgates under the authority of HSWA take effect in authorized
States before they are authorized for the requirements. Thus, EPA will
implement those requirements and prohibitions in North Carolina,
including issuing permits, until the State is granted authorization to
do so.
C. What Is the Effect of Today's Authorization Decision?
The effect of this decision is that a facility in North Carolina
subject to RCRA will now have to comply with the authorized State
requirements instead of the equivalent Federal requirements in order to
comply with RCRA. North Carolina has enforcement responsibilities under
its State hazardous waste program for violations of such program, but
EPA retains its authority under RCRA sections 3007, 3008, 3013, and
7003, which include, among others, authority to:
Do inspections, and require monitoring, tests, analyses or
reports.
Enforce RCRA requirements and suspend or revoke permits.
Take enforcement actions regardless of whether the State
has taken its own actions.
This action does not impose additional requirements on the
regulated community because the regulations for which North Carolina is
being authorized by today's action are already effective, and are not
changed by today's action.
D. Why Wasn't There a Proposed Rule Before Today's Rule?
EPA did not publish a proposal before today's rule because we view
this as a routine program change and do not expect comments that oppose
this approval. We are providing an opportunity for public comment now.
In addition to this rule, in the proposed rules section of today's
Federal Register we are publishing a separate document that proposes to
authorize the State program changes.
E. What Happens if EPA Receives Comments That Oppose This Action?
If EPA receives comments that oppose this authorization, we will
withdraw this rule by publishing a document in the Federal Register
before the rule becomes effective. EPA will base any further decision
on the authorization of the State program changes on the proposal
mentioned in the previous paragraph. We will then address all public
comments in a later final rule. You may not have another opportunity to
comment. If you want to comment on this authorization, you must do so
at this time.
If we receive comments that oppose only the authorization of a
particular change to the State hazardous waste program, we will
withdraw that part of this rule but the authorization of the program
changes that the comments do not oppose will become effective on the
date specified above. The Federal
[[Page 14557]]
Register withdrawal document will specify which part of the
authorization will become effective, and which part is being withdrawn.
F. What Has North Carolina Previously Been Authorized for?
North Carolina initially received final authorization on December
14, 1984, effective December 31, 1984 (49 FR 48694) to implement its
base hazardous waste management program. We granted authorization for
changes on March 25, 1986 (51 FR 10211) effective April 8, 1986, August
5, 1988 (53 FR 1988) effective October 4, 1988, February 9, 1989 (54 FR
6290) effective April 10,1989, September 22, 1989 (54 FR 38993)
effective November 21, 1989, January 18, 1991 (56 FR 1929) effective
March 19, 1991, April 10, 1991 (56 FR 14474) effective June 9, 1991,
July 19, 1991 (56 FR 33206) effective September 17, 1991, April 27,
1992 (57 FR 15254) effective June 26, 1992, December 12, 1992 (57 FR
59825) effective February 16, 1993, June 3, 1993 (58 FR 31474)
effective June 3, 1993, January 27, 1994 (59 FR 3792) effective March
28 1994, April 4, 1994 (59 FR 15633) effective June 3, 1994, June 23,
1994 (59 FR 32378) effective August 22, 1994, November 10, 1994 (59 FR
56000) effective January 9, 1995, September 27, 1995 (60 FR 49800)
effective November 27, 1995, April 25, 1996 (61 FR 18284) effective
June 24, 1996, October 23, 1998 (63 FR 56834) effective December 22,
1998, August 25 1999 (64 FR 46298) effective October 25, 1999, and
February 28, 2002 (67 FR 9219) effective April 29, 2002. North Carolina
most recently received authorization for revisions to its program on
February 14, 2005 (69 FR 74444).]
G. What Changes Are We Authorizing With Today's Action?
On November 29, 2004 and January 31, 2005 North Carolina submitted
final complete program revision applications, seeking authorization of
their changes in accordance with 40 CFR 271.21. North Carolina's
revisions consists of provisions promulgated July 1, 2000 through June
30, 2001 (RCRA XI); July 1, 2001 through June 30, 2002,(RCRA XII); July
1, 2002 through June 30, 2003 (RCRA XIII) and July 1, 2003 through June
30, 2004 otherwise known as RCRA XIV. The rule adoption for the
provisions of RCRA XI, and XII covered in this action became effective
April 10, 2003. The rule adoption for the provisions of RCRA XIII and
XIV covered in this action became effective August 10, 2004 unless
otherwise noted. North Carolina Statutes at section150B-21.6 and
section 130A-294 allow the North Carolina Department of Environment and
Natural Resources to administer the rules governing hazardous waste
management. We now make an immediate final decision, subject to receipt
of written comments that oppose this action, that North Carolina's
hazardous waste program revisions satisfy all of the requirements
necessary to qualify for Final authorization. Therefore, we grant North
Carolina Final authorization for the following program changes:
------------------------------------------------------------------------
Analogous state
Federal requirements Federal Register authority \1\
------------------------------------------------------------------------
Hazardous Air Pollutant 65 FR 42292-42302... 15A NCAC
Standards: Technical July 10, 2000 as 13A.0106(d),
Corrections; Checklist 188, amended May 14, 15A NCAC
RCRA Cluster XI, Non-HSWA 2001. 13A.0109(q),
Provision. 66 FR 24270-24272 15A NCAC
and July 3, 2001 66 13A.0113(g).
FR 35087-35107.
Chlorinated Aliphatics 65 FR 67068-67133... 15A NCAC
Listing and LDRs for Newly November 8, 2000.... 13A.0106(d),
Identified Wastes; 15A NCAC
Checklist 189, RCRA Cluster 13A.0106(e),
XI, HSWA Provision. 15A NCAC
13A.0112(b),
15A NCAC
13A.0112(c).
Land Disposal Restrictions 65 FR 81373-81381... 15A NCAC
Phase IV--Deferral for PCBs December 26, 2000... 13A.0112(b),
in Soil; Checklist 190, 15A NCAC
RCRA Cluster XI, HSWA 13A.0112(c),
Provision. 15A NCAC
13A.0112(e).
Mixed Waste Rule; Checklist 66 FR 27218--27266.. 15A NCAC
191, RCRA Cluster XI, HSWA May 16, 2001........ 13A.0111(f).
and Non-HSWA Provision.
Mixture and Derived-From 66 FR 27266-27297... 15A NCAC
Rules Revisions; Checklist May 16, 2001........ 13A.0106(a).
192 A, RCRA Cluster XI,
HSWA and Non-HSWA Provision.
Land Disposal Restrictions 66 FR 27266-27297... 15A NCAC
Correction; Checklist 192B, May 16, 2001........ 13A.0112(e).
RCRA Cluster XI, HSWA.
Change of Official EPA 66 FR 34374-34376... 15A NCAC
Mailing Address; Checklist June 28, 2001....... 13A.0101(e).
193, RCRA Cluster XI, HSWA/
non-HSWA.
Mixture and Derived-From 66 FR 50332-50334... 15A NCAC
Rules Revision II; October 3, 2001..... 13A.0106(a).
Checklist 194, RCRA XII,
HSWA/Non-HSWA.
Inorganic Chemical 66 FR 58258-58300... 15A NCAC
Manufacturing Wastes November 20, 2001... 13A.0106(a),
Identification and Listing; 15A NCAC
Checklist 195, RCRA XII, 13A.0106(d),
HSWA/Non-HSWA. 15A NCAC
13A.0106(e),
15A NCAC
13A.0112(b),
15A NCAC
13A.0112(c).
CAMU Amendments; Checklist 67 FR 2962-3029..... 15A NCAC
196, RCRA XII, HSWA January 22, 2002.... 13A.0112(b),
Provision. 15A NCAC
13A.0109(s).
Hazardous Air Pollutant 67 FR 6792-6818..... 15A NCAC
Standards for Combusters; February 13, 2002... 13A.0109(q),
Interim Standards; 15A NCAC
Checklist 197, RCRA XII, 13A.0110(o),
HSWA/non-HSWA Provision. 15A NCAC
13A.0111(d),
15A NCAC
13A.0113(b),
15A NCAC
13A.0113(i),
15A NCAC
13A.0113(k).
Hazardous Air Pollutant 67 FR 6968-6996..... 15A NCAC
Standards for Combusters; February 14, 2002... 13A.0111(d),
Corrections; Checklist 198, 15A NCAC
RCRA XII, HSWA/non-HSWA 13A.0113(g).
Provision.
[[Page 14558]]
Vacatur of Mineral 67 FR 11251-11254... 15A NCAC
Processing Spent Materials March 13, 2002...... 13A.0106(a),
being Reclaimed as Solid 15A NCAC
Wastes and TCLP Use with 13A.0106(c).
MGP Waste; Checklist 199,
RCRA XII, HSWA/non-HSWA
Provision.
Zinc Fertilizer Rule; 67 FR 48393-48415... 15A NCAC
Checklist 200, RCRA XIII, July 24, 2002....... 13A.0106(a),
HSWA/Non-HSWA. 15A NCAC
13A.0111(a),
15A NCAC
13A.0112(c).
Treatment Variance for 67 FR 62618--62624.. ....................
Radioactivity; Checklist October 7, 2002..... 15A NCAC
201, RCRA XIII, HSWA 13A.0112(c).
Provision.
Hazardous Air Pollutant 67 FR 77687-77692... 15A NCAC
Standards for Combuster-- December 19, 2002... 13A.0113(b),
Corrections 2; Checklist 15A NCAC
202, RCRA XIII, HSWA 13A.0113(i).
Provision.
Recycled Used Oil Management 68 FR 44659-44665... 15A NCAC
Standards; Clarification; July 30, 2003....... 13A.0107(c).
Checklist 203, RCRA XIV,
Non-HSWA Provision.
Performance Track; Checklist 69 FR 21737-21754... 15A NCAC
204, RCRA XIV, Non-HSWA April 22, 2004...... 13A.0106(a),
Provision. 69 FR 62217......... 15A NCAC
October 25, 2004.... 13A.0118(b),
15A NCAC
13A.0118(h).
NESHAP: Surface Coating of 69 FR 22601-22661... 15A NCAC
Automobiles and Light Duty April 26, 2004...... 13A.0109(w),
Trucks; Checklist 205, RCRA 15A NCAC
XIV, Non-HSWA Provision. 13A.0110(t).
------------------------------------------------------------------------
\1\ The North Carolina provisions for RCRA 11 and 12 are from the North
Carolina Hazardous Waste Management Rules 15A NCAC 13A, dated April
10, 2003, unless otherwise stated. North Carolina provisions for RCRA
13 and 14 are from the North Carolina Hazardous Waste Rules 15A NCAC
13A dated August 10, 2004 unless otherwise stated.
H. Where are the Revised State Rules Different From the Federal Rules?
There are no State requirements that are more stringent or broader
in scope than the Federal requirements.
I. Who Handles Permits After the Authorization Takes Effect?
North Carolina will issue permits for all the provisions for which
it is authorized and will administer the permits it issues. EPA will
continue to administer any RCRA hazardous waste permits or portions of
permits which we issued prior to the effective date of this
authorization. We will not issue any more new permits or new portions
of permits for the provisions listed in the Table above after the
effective date of this authorization. EPA will continue to implement
and issue permits for HSWA requirements for which North Carolina is not
yet authorized.
J. How Does Today's Action Affect Indian Country (18 U.S.C. 115) in
North Carolina?
North Carolina is authorized to carry out its hazardous waste
program in Indian Country within the State, which includes the Cherokee
Indian Nation. Therefore, this action has no effect on Indian Country.
EPA will continue to implement and administer the RCRA program in these
lands.
K. What Is Codification and Is EPA Codifying North Carolina's Hazardous
Waste Program as Authorized in This Rule?
Codification is the process of placing the State's statutes and
regulations that comprise the State's authorized hazardous waste
program into the Code of Federal Regulations. We do this by referencing
the authorized State rules in 40 CFR part 272. We reserve the amendment
of 40 CFR part 272, subpart II for this authorization of North
Carolina's program changes until a later date.
L. Administrative Requirements
The Office of Management and Budget has exempted this action from
the requirements of Executive Order 12866 (58 FR 51735, October 4,
1993), and therefore this action is not subject to review by OMB. This
action authorizes State requirements for the purpose of RCRA section
3006 and imposes no additional requirements beyond those imposed by
State law. Accordingly, I certify that this action will not have a
significant economic impact on a substantial number of small entities
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because
this action authorizes pre-existing requirements under State law and
does not impose any additional enforceable duty beyond that required by
State law, it does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Public Law 104-4). For the same reason,
this action also does not significantly or uniquely affect the
communities of Tribal governments, as specified by Executive Order
13175 (65 FR 67249, November 9, 2000). This action will not have
substantial direct effects on the States, on the relationship between
the national government and the States, or on the distribution of power
and responsibilities among the various levels of government, as
specified in Executive Order 13132 (64 FR 43255, August 10, 1999),
because it merely authorizes State requirements as part of the State
RCRA hazardous waste program without altering the relationship or the
distribution of power and responsibilities established by RCRA. This
action also is not subject to Executive Order 13045 (62 FR 19885, April
23, 1997), because it is not economically significant and it does not
make decisions based on environmental health or safety risks. This rule
is not subject to Executive Order 13211, ``Actions Concerning
Regulations That Significantly Affect Energy Supply, Distribution, or
Use'' 66 FR 28355, May 22, 2001 because it is not a significant
regulatory action under Executive Order 12866.
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 standard
that otherwise satisfies the requirements of RCRA. Thus, the
requirements of section 12(d) of the National Technology Transfer and
Advancement Act of 1995 (15 U.S.C. 272) do not apply. As required by
Section 3 of Executive Order 12988 (61 FR 4729, February 7, 1996), in
issuing this rule, EPA has taken the necessary
[[Page 14559]]
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 May 23, 2005.
List of Subjects in 40 CFR Part 271
Environmental protection, Administrative practice and procedure,
Confidential business information, Hazardous material transportation,
Hazardous waste, Indians-lands, Intergovernmental relations, Penalties,
Reporting and recordkeeping requirements.
Authority: This action is issued under the authority of sections
2002(a), 3006 and 7004(b) of the Solid Waste Disposal Act as amended
42 U.S.C. 6912(a), 6926, 6974(b).
Dated: March 10, 2005.
A. Stanley Meiburg,
Deputy Regional Administrator, Region 4.
[FR Doc. 05-5722 Filed 3-22-05; 8:45 am]
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