North Carolina: Final Authorization of State Hazardous Waste Management Program Revisions, 51141-51144 [2015-20907]
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Federal Register / Vol. 80, No. 163 / Monday, August 24, 2015 / Rules and Regulations
EPA-APPROVED MICHIGAN NONREGULATORY AND QUASI-REGULATORY PROVISIONS
Name of nonregulatory
SIP provision
*
Section 110(a)(2) Infrastructure Requirements
for the 2006 24-Hour
PM2.5 NAAQS.
*
Applicable
geographic
or nonattainment area
State submittal
date
*
Statewide ....
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8/15/2011,
7/9/2012
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EPA approval date
Comments
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8/24/2015, [Insert page
number where the document begins].
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This action addresses the following CAA elements:
110(a)(2)(A), (B), (C), (D)(i)(II), (D)(ii), (E), (F), (G),
(H), (J), (K), (L), and (M). We are not taking action
on the visibility protection requirements of (D)(i)(II)
and the state board requirements of (E)(ii). We will
address these requirements in a separate action.
*
*
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■
3. Section 52.2591 is amended by
revising paragraph (c) to read as follows:
ENVIRONMENTAL PROTECTION
AGENCY
§ 52.2591 Section 110(a)(2) Infrastructure
Requirements.
40 CFR Part 271
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(c) Approval and Disapproval — In a
January 24, 2011, submittal,
supplemented on March 28, 2011, and
June 29, 2012, Wisconsin certified that
the State has satisfied the infrastructure
SIP requirements of section 110(a)(2)(A)
through (H), and (J) through (M) for the
2006 24-hour PM2.5 NAAQS. EPA is
approving Wisconsin’s submission
addressing the infrastructure SIP
requirements of section 110(a)(2)(A),
(B), (C) with respect to enforcement and
the GHG permitting threshold PSD
requirement, (D)(i)(II) with respect to
the GHG permitting threshold PSD
requirement and visibility protection,
(D)(ii), (E) except for state board
requirements, (F) through (H), (J) except
for narrow prevention of significant
deterioration requirements, and (K)
through (M). We are not finalizing
action on (D)(i)(I), the state board
requirements of (E)(ii), and the PSD
requirement of NOX as a precursor to
ozone in (C), (D)(i)(II), and (J). We will
address these requirements in a separate
action. We are disapproving narrow
portions of Wisconsin’s infrastructure
SIP submission addressing the relevant
prevention of significant deterioration
requirements of the 2008 NSR Rule
(identifying PM2.5 precursors and the
regulation of PM2.5 and PM10
condensables in permits) with respect to
section 110(a)(2)(C), (D)(i)(II), and (J).
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[FR Doc. 2015–20771 Filed 8–21–15; 8:45 am]
BILLING CODE 6560–50–P
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[EPA–R04–RCRA–2015–0294; FRL–9932–
93–Region 4]
North Carolina: Final Authorization of
State Hazardous Waste Management
Program Revisions
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
North Carolina has applied to
the United States Environmental
Protection Agency (EPA) for final
authorization of changes to its
hazardous waste program under the
Resource Conservation and Recovery
Act (RCRA). EPA has determined that
these changes satisfy all requirements
needed to qualify for final authorization,
and is authorizing the State’s changes
through this direct final rule. In the
‘‘Proposed Rules’’ section of today’s
Federal Register, EPA is also publishing
a separate document that serves as the
proposal to authorize these changes.
EPA believes this action is not
controversial and does not expect
comments that oppose it. Unless EPA
receives written comments that oppose
this authorization during the comment
period, the decision to authorize North
Carolina’s changes to its hazardous
waste program will take effect. If EPA
receives comments that oppose this
action, EPA will publish a document in
the Federal Register withdrawing
today’s direct final rule before it takes
effect, and the separate document
published in today’s ‘‘Proposed Rules’’
section of this Federal Register will
serve as the proposal to authorize the
changes.
DATES: This final authorization will
become effective on October 23, 2015
unless EPA receives adverse written
comment by September 23, 2015. If EPA
SUMMARY:
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*
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receives such comment, EPA will
publish a timely withdrawal of this
direct final rule in the Federal Register
and inform the public that this
authorization will not take effect.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R04–
RCRA–2015–0294, by one of the
following methods:
• Federal eRulemaking Portal:
www.regulations.gov. Follow the on-line
instructions for submitting comments.
• Email: gleaton.gwen@epa.gov.
• Fax: (404) 562–9964 (prior to
faxing, please notify the EPA contact
listed below).
• Mail: Send written comments to
Gwendolyn Gleaton, RCRA Programs
and Materials Management Section,
Materials and Waste Management
Branch, Resource Conservation and
Restoration Division, U.S.
Environmental Protection Agency,
Atlanta Federal Center, 61 Forsyth
Street SW., Atlanta, Georgia 30303–
8960.
• Hand Delivery or Courier: Deliver
your comments to Gwendolyn Gleaton,
RCRA Programs and Materials
Management Section, Materials and
Waste Management Branch, Resource
Conservation and Restoration Division,
U.S. Environmental Protection Agency,
Atlanta Federal Center, 61 Forsyth
Street SW., Atlanta, Georgia 30303–
8960. Such deliveries are only accepted
during the Regional Office’s normal
hours of operation, and special
arrangements should be made for
deliveries of boxed information.
Instructions: EPA must receive your
comments by September 23, 2015.
Direct your comments to Docket ID No.
EPA–R04–RCRA–2015–0294. EPA’s
policy is that all comments received
will be included in the public docket
without change and may be made
available online at www.regulations.gov,
including any personal information
provided, unless the comment includes
information claimed to be Confidential
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Federal Register / Vol. 80, No. 163 / Monday, August 24, 2015 / Rules and Regulations
Business Information (CBI), or other
information whose disclosure is
restricted by statute. Do not submit
information that you consider to be CBI
or otherwise protected through
www.regulations.gov or email. The
www.regulations.gov Web site is an
‘‘anonymous access’’ system, which
means EPA will not know your identity
or contact information unless you
provide it in the body of your comment.
If you send an email comment directly
to EPA without going through
www.regulations.gov, your email
address will be automatically captured
and included as part of the comment
that is placed in the public docket and
made publicly available on the Internet.
If you submit an electronic comment,
EPA recommends that you include your
name and other contact information in
the body of your comment and with any
disk or CD–ROM you submit. If EPA
cannot read your comment due to
technical difficulties and cannot contact
you for clarification, EPA may not be
able to consider your comment.
Electronic files should avoid the use of
special characters, any form of
encryption, and be free of any defects or
viruses. (For additional information
about EPA’s public docket, visit the EPA
Docket Center homepage at
www.epa.gov/epahome/dockets.htm).
Docket: All documents in the docket
are listed in the www.regulations.gov
index. Although listed in the index,
some information is not publicly
available, e.g., CBI or other information
whose disclosure is restricted by statute.
Certain other material, such as
copyrighted material, will be publicly
available only in hard copy. Publicly
available docket materials are available
either electronically in
www.regulations.gov, or in hard copy.
You may view and copy North
Carolina’s application and associated
publicly available materials from 8:00
a.m. to 4:00 p.m. at the following
locations: EPA, Region 4, Resource
Conservation and Restoration Division,
Atlanta Federal Center, 61 Forsyth
Street SW., Atlanta, Georgia 30303–
8960; telephone number: (404) 562–
8500; and the North Carolina
Department of Environment and Natural
Resources, 217 West Jones Street,
Raleigh, North Carolina 27603;
telephone number: (919) 707–8219.
Interested persons wanting to examine
these documents should make an
appointment with the office at least a
week in advance.
FOR FURTHER INFORMATION CONTACT:
Gwendolyn Gleaton, RCRA Programs
and Materials Management Section,
Materials and Waste Management
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Branch, Resource Conservation and
Restoration Division, U.S.
Environmental Protection Agency,
Atlanta Federal Center, 61 Forsyth
Street SW., Atlanta, Georgia 30303–
8960; telephone number: (404) 562–
8500; fax number: (404) 562–9964;
email address: gleaton.gwen@epa.gov.
SUPPLEMENTARY INFORMATION:
North Carolina has responsibility for
permitting treatment, storage, and
disposal facilities within its borders
(except in Indian Country) and for
carrying out the aspects of the RCRA
program described in its revised
program application, subject to the
limitations of HSWA, as discussed
above.
A. Why are revisions to state programs
necessary?
C. What is the effect of this
authorization decision?
The effect of this decision is that the
changes described in North Carolina’s
authorization application will become
part of the authorized State hazardous
waste program, and will therefore be
federally enforceable. North Carolina
will continue to have primary
enforcement authority and
responsibility for its State hazardous
waste program. EPA retains its
authorities under RCRA sections 3007,
3008, 3013, and 7003, including its
authority to:
• Conduct inspections, and require
monitoring, tests, analyses, or reports;
• Enforce RCRA requirements,
including authorized State program
requirements, and suspend or revoke
permits; and
• Take enforcement actions regardless
of whether the State has taken its own
actions.
This action does not impose
additional requirements on the
regulated community because the
regulations for which North Carolina is
being authorized by today’s action are
already effective and enforceable
requirements under State law, and are
not changed by today’s action.
States which have received final
authorization from EPA under RCRA
section 3006(b), 42 U.S.C. 6926(b), must
maintain a hazardous waste program
that is equivalent to, consistent with,
and no less stringent than the Federal
program. As the Federal program
changes, States must change their
programs and ask EPA to authorize the
changes. Changes to State programs may
be necessary when Federal or State
statutory or regulatory authority is
modified or when certain other changes
occur. Most commonly, States must
change their programs because of
changes to EPA’s regulations in 40 Code
of Federal Regulations (CFR) parts 124,
260 through 268, 270, 273, and 279.
New Federal requirements and
prohibitions imposed by Federal
regulations that EPA promulgates
pursuant to the Hazardous and Solid
Waste Amendments of 1984 (HSWA)
take effect in authorized States at the
same time that they take effect in
unauthorized States. Thus, EPA will
implement those requirements and
prohibitions in North Carolina,
including the issuance of new permits
implementing those requirements, until
the State is granted authorization to do
so.
B. What decisions has EPA made in this
rule?
On March 9, 2014, North Carolina
submitted a final complete program
revision application seeking
authorization of changes to its
hazardous waste program that
correspond to certain Federal rules
promulgated between July 1, 2008 and
June 30, 2014 (also known as RCRA
Clusters XIX through XXIII). EPA
concludes that North Carolina’s
application to revise its authorized
program meets all of the statutory and
regulatory requirements established by
RCRA, as set forth in RCRA section
3006(b), 42 U.S.C. 6926(b), and 40 CFR
part 271. Therefore, EPA grants North
Carolina final authorization to operate
its hazardous waste program with the
changes described in the authorization
application, and as outlined below in
Section G of this document.
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D. Why wasn’t there a proposed rule
before today’s rule?
Along with this direct final rule, EPA
is publishing a separate document in the
‘‘Proposed Rules’’ section of today’s
Federal Register that serves as the
proposal to authorize these State
program changes. EPA did not publish
a proposed rule before today because
EPA views this as a routine program
change and does not expect comments
that oppose this approval. EPA is
providing an opportunity for public
comment now, as described in Section
E of this document.
E. What happens if EPA receives
comments that oppose this action?
If EPA receives comments that oppose
this authorization, EPA will withdraw
today’s direct final rule by publishing a
document in the Federal Register before
the rule becomes effective. EPA will
base any further decision on the
authorization of the State program
changes on the proposed rule
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mentioned in the previous section, after
considering all comments received
during the comment period, and will
address all such comments in a later
final rule. You may not have another
opportunity to comment on these State
program changes. If you want to
comment on this authorization, you
must do so at this time.
If EPA receives comments that oppose
only the authorization of a particular
change to the State hazardous waste
program, EPA will withdraw that part of
today’s direct final rule, but the
authorization of the program changes
that the comments do not oppose will
become effective on the date specified
above. The Federal Register withdrawal
document will specify which part of the
authorization will become effective, and
which part is being withdrawn.
F. What has North Carolina previously
been authorized for?
North Carolina initially received final
authorization on December 14, 1984,
effective December 31, 1984 (49 FR
48694), to implement a hazardous waste
management program. EPA granted
authorization for changes to North
Carolina’s program on the following
dates: March 25, 1986, effective April 8,
1986 (51 FR 10211); August 5, 1988,
effective October 4, 1988 (53 FR 1988);
February 9, 1989, effective April 10,
1989 (54 FR 6290); September 22, 1989,
effective November 21, 1989 (54 FR
38993); January 18, 1991, effective
March 19, 1991 (56 FR 1929); April 10,
1991, effective June 9, 1991 (56 FR
14474); July 19, 1991, effective
September 17, 1991 (56 FR 33206);
April 27, 1992, effective June 26, 1992
(57 FR 15254); December 12, 1992,
effective February 16, 1993 (57 FR
59825); January 27, 1994, effective
March 28, 1994 (59 FR 3792); April 4,
1994, effective June 3, 1994 (59 FR
15633); June 23, 1994, effective August
22, 1994 (59 FR 32378); November 10,
1994, effective January 9, 1995 (59 FR
56000); September 27, 1995, effective
November 27, 1995 (60 FR 49800); April
25, 1996, effective June 24, 1996 (61 FR
18284); October 23, 1998, effective
December 22, 1998 (63 FR 56834);
August 25, 1999, effective October 25,
51143
1999 (64 FR 46298); February 28, 2002,
effective April 29, 2002 (67 FR 9219);
December 14, 2004, effective February
14, 2005 (69 FR 74444); March 23, 2005,
effective May 23, 2005 (70 FR 14556);
February 7, 2011, effective April 8, 2011
(76 FR 6561); and June 14, 2013,
effective August 13, 2013 (78 FR 35766).
G. What changes is EPA authorizing
with this action?
On March 9, 2014, North Carolina
submitted a final complete program
revision application seeking
authorization of its changes in
accordance with 40 CFR 271.21. EPA
now makes an immediate final decision,
subject to receipt of written comments
that oppose this action, that North
Carolina’s hazardous waste program
revisions are equivalent to, consistent
with, and no less stringent than the
Federal program, and therefore satisfy
all of the requirements necessary to
qualify for final authorization.
Therefore, EPA grants North Carolina
final authorization for the following
program changes:
Description of Federal requirement
Federal Register
date and page
Analogous state authority 1
220—Academic Laboratories Generator Standards ........
73 FR 72912, 12/01/2008 ....
223—Hazardous Waste Technical Corrections and
Clarifications.
75 FR 12989, 03/18/2010 ....
75 FR 31716, 06/04/2010 ....
225—Removal of Saccharin and Its Salts from the Lists
of Hazardous Wastes.
226—Academic Laboratories Generator Standards
Technical Corrections.
227—Revision of the Land Disposal Treatment Standards for Carbamate Wastes.
228—Hazardous Waste Technical Corrections and
Clarifications Rule.
229—Conditional Exclusions for Solvent Contaminated
Wipes.
75 FR 78918, 12/17/2010 ....
75 FR 79304, 12/20/2010 ....
15A NCAC 13A .0106(a); and 15A NCAC 13A
.0107(a) & (i).
15A NCAC 13A .0102(b); 15A NCAC 13A .0106(a),
(c), (d) & (f); 15A NCAC 13A .0107(a)–(d) & (f); 15A
NCAC 13A .0108(a); 15A NCAC 13A .0109(e), (f),
(o) & (s); 15A NCAC 13A .0110(d), (e) & (n); 15A
NCAC 13A .0111(a)–(d); 15A NCAC 13A .0112(c);
and 15A NCAC 13A .0113(a).
15A NCAC 13A .0106(d) & (f); and 15A NCAC 13A
.0112(c) & (e).
15A NCAC 13A .0107(i).
76 FR 34147, 06/13/2011 ....
15A NCAC 13A .0112(c).
77 FR 22229, 04/13/2012 ....
15A NCAC 13A .0106(d); and 15A NCAC 13A
.0111(a).
15A NCAC 13A .0102(b); and 15A NCAC 13A
.0106(a).
78 FR 46448, 07/31/2013 ....
1 The North Carolina provisions are from the North Carolina Hazardous Waste Management Rules, 15A NCAC 13A, effective as of May 17,
2011.
H. Where are the revised State rules
different from the Federal rules?
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There are no State requirements in
this program revision considered to be
more stringent or broader in scope than
the Federal requirements.
I. Who handles permits after the
authorization takes effect?
North Carolina will issue permits for
all the provisions for which it is
authorized and will administer the
permits it issues. EPA will continue to
administer any RCRA hazardous waste
permits or portions of permits which
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EPA issued prior to the effective date of
this authorization until they expire or
are terminated. EPA will not issue any
more permits or new portions of permits
for the provisions listed in the Table
above after the effective date of this
authorization. EPA will continue to
implement and issue permits for HSWA
requirements for which North Carolina
is not authorized.
J. How does today’s action affect Indian
Country (18 U.S.C. 1151) in North
Carolina?
North Carolina is not authorized to
carry out its hazardous waste program
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in Indian Country within the State,
which includes the Eastern Band of
Cherokee Indians. EPA will continue to
implement and administer the RCRA
program in these lands.
K. What is codification and is EPA
codifying North Carolina’s hazardous
waste program as authorized in this
rule?
Codification is the process of placing
the State’s statutes and regulations that
comprise the State’s authorized
hazardous waste program into the Code
of Federal Regulations. EPA does this by
referencing the authorized State rules in
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40 CFR part 272. EPA is not codifying
the authorization of North Carolina’s
changes at this time. However, EPA
reserves the amendment of 40 CFR part
272, subpart II, for the authorization of
North Carolina’s program changes at a
later date.
L. Administrative Requirements
The Office of Management and Budget
(OMB) 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 section 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
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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 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 October 23,
2015, 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).
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Dated: June 26, 2015.
Heather McTeer Toney,
Regional Administrator, Region 4.
[FR Doc. 2015–20907 Filed 8–21–15; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No. 120109034–2171–01]
RIN 0648–XE120
Fisheries of the Northeastern United
States; Small-Mesh Multispecies
Fishery; Adjustment to the Northern
Red Hake Inseason Possession Limit
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; inseason
adjustment.
AGENCY:
We announce the reduction of
the commercial possession limit for
northern red hake for the remainder of
the 2015 fishing year. This action is
required to prevent the northern red
hake total allowable landing limit from
being exceeded. This announcement
informs the public that the northern red
hake possession limit is reduced.
DATES: Effective August 24, 2015,
through April 30, 2016.
FOR FURTHER INFORMATION CONTACT: Reid
Lichwell, Fishery Management
Specialist, 978–675–9112.
SUPPLEMENTARY INFORMATION: The smallmesh multispecies fishery is managed
primarily through a series of exemptions
from the Northeast Multispecies
Fisheries Management Plan. Regulations
governing the red hake fishery are found
at 50 CFR part 648. The regulations
describing the process to adjust
inseason commercial possession limits
of northern red hake are described in
§ 648.86(d)(4) and (5). These regulations
require the Regional Administrator to
reduce the northern red hake possession
limit from 3,000 lb (1,361 kg) to 1,500
lb (680 kg) when landings have been
projected to reach or exceed 45 percent
of the total allowable landings (TAL).
The northern red hake possession limit
is required to be further reduced to 400
lb (181 kg) if landings are projected to
reach or exceed 62.5 percent of the TAL,
unless such a reduction would be
expected to prevent the TAL from being
reached. The final rule implementing
the small-mesh multispecies
SUMMARY:
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]]>Agencies
[Federal Register Volume 80, Number 163 (Monday, August 24, 2015)]
[Rules and Regulations]
[Pages 51141-51144]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-20907]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 271
[EPA-R04-RCRA-2015-0294; FRL-9932-93-Region 4]
North Carolina: Final Authorization of State Hazardous Waste
Management Program Revisions
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: North Carolina has applied to the United States Environmental
Protection Agency (EPA) for final authorization of changes to its
hazardous waste program under the Resource Conservation and Recovery
Act (RCRA). EPA has determined that these changes satisfy all
requirements needed to qualify for final authorization, and is
authorizing the State's changes through this direct final rule. In the
``Proposed Rules'' section of today's Federal Register, EPA is also
publishing a separate document that serves as the proposal to authorize
these changes. EPA believes this action is not controversial and does
not expect comments that oppose it. Unless EPA receives written
comments that oppose this authorization during the comment period, the
decision to authorize North Carolina's changes to its hazardous waste
program will take effect. If EPA receives comments that oppose this
action, EPA will publish a document in the Federal Register withdrawing
today's direct final rule before it takes effect, and the separate
document published in today's ``Proposed Rules'' section of this
Federal Register will serve as the proposal to authorize the changes.
DATES: This final authorization will become effective on October 23,
2015 unless EPA receives adverse written comment by September 23, 2015.
If EPA receives such comment, EPA will publish a timely withdrawal of
this direct final rule in the Federal Register and inform the public
that this authorization will not take effect.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
RCRA-2015-0294, by one of the following methods:
Federal eRulemaking Portal: www.regulations.gov. Follow
the on-line instructions for submitting comments.
Email: gleaton.gwen@epa.gov.
Fax: (404) 562-9964 (prior to faxing, please notify the
EPA contact listed below).
Mail: Send written comments to Gwendolyn Gleaton, RCRA
Programs and Materials Management Section, Materials and Waste
Management Branch, Resource Conservation and Restoration Division, U.S.
Environmental Protection Agency, Atlanta Federal Center, 61 Forsyth
Street SW., Atlanta, Georgia 30303-8960.
Hand Delivery or Courier: Deliver your comments to
Gwendolyn Gleaton, RCRA Programs and Materials Management Section,
Materials and Waste Management Branch, Resource Conservation and
Restoration Division, U.S. Environmental Protection Agency, Atlanta
Federal Center, 61 Forsyth Street SW., Atlanta, Georgia 30303-8960.
Such deliveries are only accepted during the Regional Office's normal
hours of operation, and special arrangements should be made for
deliveries of boxed information.
Instructions: EPA must receive your comments by September 23, 2015.
Direct your comments to Docket ID No. EPA-R04-RCRA-2015-0294. EPA's
policy is that all comments received will be included in the public
docket without change and may be made available online at
www.regulations.gov, including any personal information provided,
unless the comment includes information claimed to be Confidential
[[Page 51142]]
Business Information (CBI), or other information whose disclosure is
restricted by statute. Do not submit information that you consider to
be CBI or otherwise protected through www.regulations.gov or email. The
www.regulations.gov Web site is an ``anonymous access'' system, which
means EPA will not know your identity or contact information unless you
provide it in the body of your comment. If you send an email comment
directly to EPA without going through www.regulations.gov, your email
address will be automatically captured and included as part of the
comment that is placed in the public docket and made publicly available
on the Internet. If you submit an electronic comment, EPA recommends
that you include your name and other contact information in the body of
your comment and with any disk or CD-ROM you submit. If EPA cannot read
your comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment. Electronic
files should avoid the use of special characters, any form of
encryption, and be free of any defects or viruses. (For additional
information about EPA's public docket, visit the EPA Docket Center
homepage at www.epa.gov/epahome/dockets.htm).
Docket: All documents in the docket are listed in the
www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy.
Publicly available docket materials are available either electronically
in www.regulations.gov, or in hard copy.
You may view and copy North Carolina's application and associated
publicly available materials from 8:00 a.m. to 4:00 p.m. at the
following locations: EPA, Region 4, Resource Conservation and
Restoration Division, Atlanta Federal Center, 61 Forsyth Street SW.,
Atlanta, Georgia 30303-8960; telephone number: (404) 562-8500; and the
North Carolina Department of Environment and Natural Resources, 217
West Jones Street, Raleigh, North Carolina 27603; telephone number:
(919) 707-8219. Interested persons wanting to examine these documents
should make an appointment with the office at least a week in advance.
FOR FURTHER INFORMATION CONTACT: Gwendolyn Gleaton, RCRA Programs and
Materials Management Section, Materials and Waste Management Branch,
Resource Conservation and Restoration Division, U.S. Environmental
Protection Agency, Atlanta Federal Center, 61 Forsyth Street SW.,
Atlanta, Georgia 30303-8960; telephone number: (404) 562-8500; fax
number: (404) 562-9964; email address: gleaton.gwen@epa.gov.
SUPPLEMENTARY INFORMATION:
A. Why are revisions to state programs necessary?
States which have received final authorization from EPA under RCRA
section 3006(b), 42 U.S.C. 6926(b), must maintain a hazardous waste
program that is equivalent to, consistent with, and no less stringent
than the Federal program. As the Federal program changes, States must
change their programs and ask EPA to authorize the changes. Changes to
State programs may be necessary when Federal or State statutory or
regulatory authority is modified or when certain other changes occur.
Most commonly, States must change their programs because of changes to
EPA's regulations in 40 Code of Federal Regulations (CFR) parts 124,
260 through 268, 270, 273, and 279.
New Federal requirements and prohibitions imposed by Federal
regulations that EPA promulgates pursuant to the Hazardous and Solid
Waste Amendments of 1984 (HSWA) take effect in authorized States at the
same time that they take effect in unauthorized States. Thus, EPA will
implement those requirements and prohibitions in North Carolina,
including the issuance of new permits implementing those requirements,
until the State is granted authorization to do so.
B. What decisions has EPA made in this rule?
On March 9, 2014, North Carolina submitted a final complete program
revision application seeking authorization of changes to its hazardous
waste program that correspond to certain Federal rules promulgated
between July 1, 2008 and June 30, 2014 (also known as RCRA Clusters XIX
through XXIII). EPA concludes that North Carolina's application to
revise its authorized program meets all of the statutory and regulatory
requirements established by RCRA, as set forth in RCRA section 3006(b),
42 U.S.C. 6926(b), and 40 CFR part 271. Therefore, EPA grants North
Carolina final authorization to operate its hazardous waste program
with the changes described in the authorization application, and as
outlined below in Section G of this document.
North Carolina has responsibility for permitting treatment,
storage, and disposal facilities within its borders (except in Indian
Country) and for carrying out the aspects of the RCRA program described
in its revised program application, subject to the limitations of HSWA,
as discussed above.
C. What is the effect of this authorization decision?
The effect of this decision is that the changes described in North
Carolina's authorization application will become part of the authorized
State hazardous waste program, and will therefore be federally
enforceable. North Carolina will continue to have primary enforcement
authority and responsibility for its State hazardous waste program. EPA
retains its authorities under RCRA sections 3007, 3008, 3013, and 7003,
including its authority to:
Conduct inspections, and require monitoring, tests,
analyses, or reports;
Enforce RCRA requirements, including authorized State
program requirements, and suspend or revoke permits; and
Take enforcement actions regardless of whether the State
has taken its own actions.
This action does not impose additional requirements on the
regulated community because the regulations for which North Carolina is
being authorized by today's action are already effective and
enforceable requirements under State law, and are not changed by
today's action.
D. Why wasn't there a proposed rule before today's rule?
Along with this direct final rule, EPA is publishing a separate
document in the ``Proposed Rules'' section of today's Federal Register
that serves as the proposal to authorize these State program changes.
EPA did not publish a proposed rule before today because EPA views this
as a routine program change and does not expect comments that oppose
this approval. EPA is providing an opportunity for public comment now,
as described in Section E of this document.
E. What happens if EPA receives comments that oppose this action?
If EPA receives comments that oppose this authorization, EPA will
withdraw today's direct final rule by publishing a document in the
Federal Register before the rule becomes effective. EPA will base any
further decision on the authorization of the State program changes on
the proposed rule
[[Page 51143]]
mentioned in the previous section, after considering all comments
received during the comment period, and will address all such comments
in a later final rule. You may not have another opportunity to comment
on these State program changes. If you want to comment on this
authorization, you must do so at this time.
If EPA receives comments that oppose only the authorization of a
particular change to the State hazardous waste program, EPA will
withdraw that part of today's direct final rule, but the authorization
of the program changes that the comments do not oppose will become
effective on the date specified above. The Federal Register withdrawal
document will specify which part of the authorization will become
effective, and which part is being withdrawn.
F. What has North Carolina previously been authorized for?
North Carolina initially received final authorization on December
14, 1984, effective December 31, 1984 (49 FR 48694), to implement a
hazardous waste management program. EPA granted authorization for
changes to North Carolina's program on the following dates: March 25,
1986, effective April 8, 1986 (51 FR 10211); August 5, 1988, effective
October 4, 1988 (53 FR 1988); February 9, 1989, effective April 10,
1989 (54 FR 6290); September 22, 1989, effective November 21, 1989 (54
FR 38993); January 18, 1991, effective March 19, 1991 (56 FR 1929);
April 10, 1991, effective June 9, 1991 (56 FR 14474); July 19, 1991,
effective September 17, 1991 (56 FR 33206); April 27, 1992, effective
June 26, 1992 (57 FR 15254); December 12, 1992, effective February 16,
1993 (57 FR 59825); January 27, 1994, effective March 28, 1994 (59 FR
3792); April 4, 1994, effective June 3, 1994 (59 FR 15633); June 23,
1994, effective August 22, 1994 (59 FR 32378); November 10, 1994,
effective January 9, 1995 (59 FR 56000); September 27, 1995, effective
November 27, 1995 (60 FR 49800); April 25, 1996, effective June 24,
1996 (61 FR 18284); October 23, 1998, effective December 22, 1998 (63
FR 56834); August 25, 1999, effective October 25, 1999 (64 FR 46298);
February 28, 2002, effective April 29, 2002 (67 FR 9219); December 14,
2004, effective February 14, 2005 (69 FR 74444); March 23, 2005,
effective May 23, 2005 (70 FR 14556); February 7, 2011, effective April
8, 2011 (76 FR 6561); and June 14, 2013, effective August 13, 2013 (78
FR 35766).
G. What changes is EPA authorizing with this action?
On March 9, 2014, North Carolina submitted a final complete program
revision application seeking authorization of its changes in accordance
with 40 CFR 271.21. EPA now makes an immediate final decision, subject
to receipt of written comments that oppose this action, that North
Carolina's hazardous waste program revisions are equivalent to,
consistent with, and no less stringent than the Federal program, and
therefore satisfy all of the requirements necessary to qualify for
final authorization. Therefore, EPA grants North Carolina final
authorization for the following program changes:
----------------------------------------------------------------------------------------------------------------
Analogous state authority
Description of Federal requirement Federal Register date and page \1\
----------------------------------------------------------------------------------------------------------------
220--Academic Laboratories Generator 73 FR 72912, 12/01/2008.................... 15A NCAC 13A .0106(a); and
Standards. 15A NCAC 13A .0107(a) &
(i).
223--Hazardous Waste Technical 75 FR 12989, 03/18/2010.................... 15A NCAC 13A .0102(b); 15A
Corrections and Clarifications. 75 FR 31716, 06/04/2010.................... NCAC 13A .0106(a), (c), (d)
& (f); 15A NCAC 13A
.0107(a)-(d) & (f); 15A
NCAC 13A .0108(a); 15A NCAC
13A .0109(e), (f), (o) &
(s); 15A NCAC 13A .0110(d),
(e) & (n); 15A NCAC 13A
.0111(a)-(d); 15A NCAC 13A
.0112(c); and 15A NCAC 13A
.0113(a).
225--Removal of Saccharin and Its 75 FR 78918, 12/17/2010.................... 15A NCAC 13A .0106(d) & (f);
Salts from the Lists of Hazardous and 15A NCAC 13A .0112(c) &
Wastes. (e).
226--Academic Laboratories Generator 75 FR 79304, 12/20/2010.................... 15A NCAC 13A .0107(i).
Standards Technical Corrections.
227--Revision of the Land Disposal 76 FR 34147, 06/13/2011.................... 15A NCAC 13A .0112(c).
Treatment Standards for Carbamate
Wastes.
228--Hazardous Waste Technical 77 FR 22229, 04/13/2012.................... 15A NCAC 13A .0106(d); and
Corrections and Clarifications Rule. 15A NCAC 13A .0111(a).
229--Conditional Exclusions for 78 FR 46448, 07/31/2013.................... 15A NCAC 13A .0102(b); and
Solvent Contaminated Wipes. 15A NCAC 13A .0106(a).
----------------------------------------------------------------------------------------------------------------
\1\ The North Carolina provisions are from the North Carolina Hazardous Waste Management Rules, 15A NCAC 13A,
effective as of May 17, 2011.
H. Where are the revised State rules different from the Federal rules?
There are no State requirements in this program revision considered
to be more stringent or broader in scope than the Federal requirements.
I. Who handles permits after the authorization takes effect?
North Carolina will issue permits for all the provisions for which
it is authorized and will administer the permits it issues. EPA will
continue to administer any RCRA hazardous waste permits or portions of
permits which EPA issued prior to the effective date of this
authorization until they expire or are terminated. EPA will not issue
any more permits or new portions of permits for the provisions listed
in the Table above after the effective date of this authorization. EPA
will continue to implement and issue permits for HSWA requirements for
which North Carolina is not authorized.
J. How does today's action affect Indian Country (18 U.S.C. 1151) in
North Carolina?
North Carolina is not authorized to carry out its hazardous waste
program in Indian Country within the State, which includes the Eastern
Band of Cherokee Indians. EPA will continue to implement and administer
the RCRA program in these lands.
K. What is codification and is EPA codifying North Carolina's hazardous
waste program as authorized in this rule?
Codification is the process of placing the State's statutes and
regulations that comprise the State's authorized hazardous waste
program into the Code of Federal Regulations. EPA does this by
referencing the authorized State rules in
[[Page 51144]]
40 CFR part 272. EPA is not codifying the authorization of North
Carolina's changes at this time. However, EPA reserves the amendment of
40 CFR part 272, subpart II, for the authorization of North Carolina's
program changes at a later date.
L. Administrative Requirements
The Office of Management and Budget (OMB) 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 section 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 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 October 23, 2015, 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: June 26, 2015.
Heather McTeer Toney,
Regional Administrator, Region 4.
[FR Doc. 2015-20907 Filed 8-21-15; 8:45 am]
BILLING CODE 6560-50-P
