North Carolina: Final Authorization of State Hazardous Waste Management Program Revisions, 6561-6564 [2011-2496]

Agencies

• ENVIRONMENTAL PROTECTION AGENCY

[Federal Register Volume 76, Number 25 (Monday, February 7, 2011)]
[Rules and Regulations]
[Pages 6561-6564]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-2496]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 271

[EPA-R04-RCRA-2009-0962; FRL-9261-9]


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Immediate final rule.

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SUMMARY: North Carolina has applied to EPA for final authorization of 
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 its 
hazardous waste program will take effect. If we receive 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 April 8, 2011 
unless EPA receives adverse written comment by March 9, 2011. 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.

[[Page 6562]]


ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
RCRA-2009-0962 by one of the following methods:
     Federal eRulemaking Portal: https://www.regulations.gov: 
Follow the on-line instructions for submitting comments.
     E-mail: johnson.otis@epa.gov.
     Fax: (404) 562-9964 (prior to faxing, please notify the 
EPA contact listed below).
     Mail: Send written comments to Otis Johnson, Permits and 
State Programs Section, RCRA Programs and Materials Management Branch, 
RCRA Division, U.S. Environmental Protection Agency, The Sam Nunn 
Federal Center, 61 Forsyth Street, SW., Atlanta, Georgia 30303.
     Hand Delivery or Courier: Deliver your comments to Otis 
Johnson, Permits and State Programs Section, RCRA Programs and 
Materials Management Branch, RCRA Division, U.S. Environmental 
Protection Agency, The Sam Nunn Federal Center, 61 Forsyth Street, SW., 
Atlanta, Georgia 30303.
    Instructions: We must receive your comments by March 9, 2011. 
Please refer to Docket Number EPA-R04-RCRA-2009-0962. Do not submit 
information that you consider to be CBI or otherwise protected through 
https://www.regulations.gov or e-mail. The https://www.regulations.gov 
Web site is an ``anonymous access'' system, which means EPA will not 
know your identity or contact information unless you provide it in the 
body of your comment. If you send an e-mail comment directly to EPA 
without going through https://www.regulations.gov, your e-mail address 
will be automatically captured and included as part of the comment that 
is placed in the public docket and made available on the Internet. If 
you submit an electronic comment, EPA recommends that you include your 
name and other contact information in the body of your comment and with 
any disk or CD-ROM you submit. If EPA cannot read your comment due to 
technical difficulties and cannot contact you for clarification, EPA 
may not be able to consider your comment. Electronic files should avoid 
the use of special characters, any form of encryption, and be free of 
any defects or viruses.
    You may view and copy North Carolina's application and associated 
publicly available materials from 8 a.m. to 4 p.m. at the following 
locations: EPA, Region 4, RCRA Division, The Sam Nunn Atlanta Federal 
Center, 61 Forsyth Street, SW., Atlanta, Georgia 30303-8960, telephone 
number: (404) 562-8500 and the North Carolina Department of Environment 
and Natural Resources, 401 Oberlin Road, Suite 150, Raleigh, North 
Carolina 29201; telephone number: (919) 733-2178. Interested persons 
wanting to examine these documents should make an appointment with the 
office at least a week in advance.

FOR FURTHER INFORMATION CONTACT: Otis Johnson, Permits and State 
Programs Section, RCRA Programs and Materials Management Branch, RCRA 
Division, U.S. Environmental Protection Agency, The Sam Nunn Federal 
Center, 61 Forsyth Street, SW., Atlanta, Georgia 30303; telephone 
number: (404) 562-8481; fax number: (404) 562-9964; e-mail address: 
johnson.otis@epa.gov.

SUPPLEMENTARY INFORMATION:

A. Why are revisions to state programs necessary?

    States which have received final authorization from EPA under RCRA 
section 3006(b), 42 U.S.C. 6926(b), must maintain a hazardous waste 
program that is equivalent to, consistent with, and no less stringent 
than the Federal program. As the Federal program changes, States must 
change their programs and ask EPA to authorize the changes. Changes to 
State programs may be necessary when Federal or State statutory or 
regulatory authority is modified or when certain other changes occur. 
Most commonly, States must change their programs because of changes to 
EPA's regulations in 40 Code of Federal Regulations (CFR) parts 124, 
260 through 266, 268, 270, 273 and 279.

B. What decisions have we made in this rule?

    We conclude that North Carolina's application 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 application. North Carolina has 
responsibility for permitting treatment, storage, and disposal 
facilities within its borders 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 this 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, 
and
     Take enforcement actions regardless of whether the State 
has taken its own actions.
    This action does not impose additional requirements on the 
regulated community because the regulations for which 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 this 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 6563]]

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. EPA granted authorization for 
changes on March 25, 1986, effective April 8, 1986 (51 FR 10211); 
August 5, 1988, effective October 4, 1988 (53 FR 1988); February 9, 
1989, effective April 10,1989 (54 FR 6290); September 22, 1989, 
effective November 21, 1989 (54 FR 38993); January 18, 1991, effective 
March 19, 1991 (56 FR 1929); April 10, 1991, effective June 9, 1991 (56 
FR 14474); July 19, 1991, effective September 17, 1991 (56 FR 33206); 
April 27, 1992, effective June 26, 1992 (57 FR 15254); December 12, 
1992, effective February 16, 1993 (57 FR 59825); January 27, 1994, 
effective March 28, 1994 (59 FR 3792); April 4, 1994, effective June 3, 
1994 (59 FR 15633); June 23, 1994, effective August 22, 1994 (59 FR 
32378); November 10, 1994, effective January 9, 1995 (59 FR 56000); 
September 27, 1995, effective November 27, 1995 (60 FR 49800); April 
25, 1996. effective June 24, 1996 (61 FR 18284); October 23, 1998, 
effective December 22, 1998 (63 FR 56834); August 25, 1999, effective 
October 25, 1999 (64 FR 46298); February 28, 2002, effective April 29, 
2002 (67 FR 9219); December 14, 2004, effective February 14, 2005 (69 
FR 74444) and March 23, 2005, effective May 23, 2005 (70 FR 14556).

G. What changes are we authorizing with this action?

    On September 1, 2006 and February 13, 2007, North Carolina 
submitted a final complete program revision application, seeking 
authorization of its changes in accordance with 40 CFR 271.21. EPA 
makes an immediate final decision, subject to receipt of comments that 
oppose this action, that North Carolina's hazardous waste program 
revision satisfies all of the requirements necessary to qualify for 
Final authorization. Therefore, we grant final authorization for the 
following program changes:

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    Description of Federal       Federal Register     Analogous State
          requirement             date and page        authority \1\
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206--Nonwastewaters from        70 FR 9138, 02/24/ 15A NCAC 13A.0106(a),
 Productions of Dyes,            05.                (d), & (e), 15A NCAC
 Pigments, and Food, Drug, and                      13A.0112(b), (c).
 Cosmetic Colorants.
207--Uniform Hazardous Waste    70 FR 10776, 03/   15A NCAC 13A.0102(b),
 Manifest Rule.                  04/05.             15A NCAC
                                                    13A.0106(a), (b),
                                                    15A NCAC
                                                    13A.0107(b), (c),
                                                    (e), (f), (i), 15A
                                                    NCAC 13A.0108(b),
                                                    15A NCAC
                                                    13A.0109(f), 15A
                                                    NCAC 13A.0110(e).
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\1\ The North Carolina provisions for RCRA Cluster XV are from the North
  Carolina Hazardous Waste Management Rules 15A NCAC 13A, effective
  April 23, 2006 and November 1, 2007.

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 until they expire or are terminated. We will not issue 
any more permits or new portions of permits for the provisions listed 
in the Table above after the effective date of this authorization. EPA 
will continue to implement and issue permits for HSWA requirements for 
which North Carolina is not authorized.

J. What is codification and is EPA codifying North Carolina's hazardous 
waste program as authorized in this rule?

    Codification is the process of placing the State's statutes and 
regulations that comprise the State's authorized hazardous waste 
program into the Code of Federal Regulations. EPA does this by 
referencing the authorized State rules in 40 CFR part 272. EPA reserves 
the amendment of 40 CFR part 272, subpart II for this authorization of 
North Carolina's program changes until a later date.

K. Administrative Requirements

    The Office of Management and Budget has exempted this action from 
the requirements of Executive Order 12866 (58 FR 51735, October 4, 
1993), and therefore this action is not subject to review by OMB. This 
action authorizes State requirements for the purpose of RCRA 3006 and 
imposes no additional requirements beyond those imposed by State law. 
Accordingly, I certify that this action will not have a significant 
economic impact on a substantial number of small entities under the 
Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because this action 
authorizes pre-existing requirements under State law and does not 
impose any additional enforceable duty beyond that required by State 
law, it does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4). For the same reason, this 
action also does not significantly or uniquely affect the communities 
of Tribal governments, as specified by Executive Order 13175 (65 FR 
67249, November 9, 2000). This action will not have substantial direct 
effects on the States, on the relationship between the national 
government and the States, or on the distribution of power and 
responsibilities among the various levels of government, as specified 
in Executive Order 13132 (64 FR 43255, August 10, 1999), because it 
merely authorizes State requirements as part of the State RCRA 
hazardous waste program without altering the relationship or the 
distribution of power and responsibilities established by RCRA. This 
action also is not subject to Executive Order 13045 (62 FR 19885, April 
23, 1997), because it is not economically significant and it does not 
make decisions based on environmental health or safety risks. This rule 
is not subject to Executive Order 13211, ``Actions Concerning 
Regulations That Significantly Affect Energy Supply, Distribution, or 
Use'' (66 FR 28355 (May 22, 2001)) because it is not a significant 
regulatory action under Executive Order 12866.
    Under RCRA 3006(b), EPA grants a State's application for 
authorization as long as the State meets the criteria required by RCRA. 
It would thus be inconsistent with applicable law for EPA, when it 
reviews a State

[[Page 6564]]

authorization application, to require the use of any particular 
voluntary consensus standard in place of another standard that 
otherwise satisfies the requirements of RCRA. Thus, the requirements of 
section 12(d) of the National Technology Transfer and Advancement Act 
of 1995 (15 U.S.C. 272 note) do not apply. As required by section 3 of 
Executive Order 12988 (61 FR 4729, February 7, 1996), in issuing this 
rule, EPA has taken the necessary steps to eliminate drafting errors 
and ambiguity, minimize potential litigation, and provide a clear legal 
standard for affected conduct. EPA has complied with Executive Order 
12630 (53 FR 8859, March 15, 1988) by examining the takings 
implications of the rule in accordance with the ``Attorney General's 
Supplemental Guidelines for the Evaluation of Risk and Avoidance of 
Unanticipated Takings'' issued under the executive order. This rule 
does not impose an information collection burden under the provisions 
of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this document and 
other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication in the Federal Register. A major rule cannot take effect 
until 60 days after it is published in the Federal Register. This 
action is not a ``major rule'' as defined by 5 U.S.C. 804(2). This 
action will be effective April 8, 2011, unless objections to this 
authorization are received.

List of Subjects in 40 CFR Part 271

    Environmental protection, Administrative practice and procedure, 
Confidential business information, Hazardous waste, Hazardous waste 
transportation, Indian lands, Intergovernmental relations, Penalties, 
Reporting and recordkeeping requirements.

    Authority: This action is issued under the authority of sections 
2002(a), 3006, and 7004(b), of the Solid Waste Disposal Act, as 
amended, 42 U.S.C. 6912(a), 6926, and 6974(b).

    Dated: January 6, 2011.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.
[FR Doc. 2011-2496 Filed 2-4-11; 8:45 am]
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