North Carolina: Proposed Authorization of State Hazardous Waste Management Program Revisions, 44266-44270 [2019-18239]
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Federal Register / Vol. 84, No. 164 / Friday, August 23, 2019 / Proposed Rules
warrant, or petty officer on board and
displaying a Coast Guard ensign.
Participant means a person or vessel
registered with the event sponsor as
participating in the Ocean City Grand
Prix or otherwise designated by the
event sponsor as having a function tied
to the event.
Race area is an area described by a
line bound by coordinates provided in
latitude and longitude that outlines the
boundary of a race area within the
regulated area defined by this section.
Spectator means a person or vessel
not registered with the event sponsor as
participants or assigned as official
patrols.
(c) Special local regulations. (1) The
COTP Maryland-National Capital
Region or PATCOM may forbid and
control the movement of all vessels and
persons, including event participants, in
the regulated area. When hailed or
signaled by an official patrol, a vessel or
person in the regulated area shall
immediately comply with the directions
given by the patrol. Failure to do so may
result in the Coast Guard expelling the
person or vessel from the area, issuing
a citation for failure to comply, or both.
The COTP Maryland-National Capital
Region or PATCOM may terminate the
event, or a participant’s operations at
any time the COTP Maryland-National
Capital Region or PATCOM believes it
necessary to do so for the protection of
life or property.
(2) Except for participants and vessels
already at berth, a person or vessel
within the regulated area at the start of
enforcement of this section must
immediately depart the regulated area.
(3) A spectator must contact the
PATCOM to request permission to
either enter or pass through the
regulated area. The PATCOM, and
official patrol vessels enforcing this
regulated area, can be contacted on
marine band radio VHF–FM channel 16
(156.8 MHz) and channel 22A (157.1
MHz). If permission is granted, the
spectator must pass directly through the
regulated area as instructed by
PATCOM. A vessel within the regulated
area must operate at safe speed that
minimizes wake.
(4) Only participant vessels and
official patrol vessels are allowed to
enter the race area.
(5) A person or vessel that desires to
transit, moor, or anchor within the
regulated area must obtain authorization
from the COTP Maryland-National
Capital Region or PATCOM. A person or
vessel seeking such permission can
contact the COTP Maryland-National
Capital Region at telephone number
410–576–2693 or on Marine Band
Radio, VHF–FM channel 16 (156.8
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MHz) or the PATCOM on Marine Band
Radio, VHF–FM channel 16 (156.8
MHz).
(6) The Coast Guard will publish a
notice in the Fifth Coast Guard District
Local Notice to Mariners and issue a
marine information broadcast on VHF–
FM marine band radio announcing
specific event date and times.
(d) Enforcement officials. The Coast
Guard may be assisted with marine
event patrol and enforcement of the
regulated area by other Federal, State,
and local agencies.
(e) Enforcement period. This section
will be enforced from 8:30 a.m. to 5:30
p.m. on September 29, 2019.
Dated: August 20, 2019.
Joseph B. Loring,
Captain, U.S. Coast Guard, Captain of the
Port Maryland-National Capital Region.
[FR Doc. 2019–18226 Filed 8–22–19; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 271
[EPA–R04–RCRA–2019–0425; FRL–9998–
61–Region 4]
North Carolina: Proposed
Authorization of State Hazardous
Waste Management Program
Revisions
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
North Carolina has applied to
the Environmental Protection Agency
(EPA) for final authorization of changes
to its hazardous waste program under
the Resource Conservation and
Recovery Act (RCRA), as amended. EPA
has reviewed North Carolina’s
application and has determined, subject
to public comment, that these changes
satisfy all requirements needed to
qualify for final authorization.
Therefore, we are proposing to authorize
the State’s changes. EPA seeks public
comment prior to taking final action.
DATES: Comments must be received on
or before September 23, 2019.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R04–
RCRA–2019–0425, at https://
www.regulations.gov. Follow the online
instructions for submitting comments.
Once submitted, comments cannot be
edited or removed from
www.regulations.gov. EPA may publish
any comment received to its public
docket. Do not submit electronically any
information you consider to be
SUMMARY:
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Confidential Business Information (CBI)
or other information whose disclosure is
restricted by statute. Multimedia
submissions (audio, video, etc.) must be
accompanied by a written comment.
The written comment is considered the
official comment and should include
discussion of all points you wish to
make. EPA will generally not consider
comments or comment contents located
outside of the primary submission (i.e.,
on the web, cloud, or other file sharing
system). For additional submission
methods, the full EPA public comment
policy, information about CBI or
multimedia submissions, and general
guidance on making effective
comments, please visit https://
www2.epa.gov/dockets/commentingepa-dockets.
FOR FURTHER INFORMATION CONTACT:
Thornell Cheeks, RCRA Programs and
Cleanup Branch, Land, Chemicals and
Redevelopment Division, U.S.
Environmental Protection Agency,
Region 4, Atlanta Federal Center, 61
Forsyth Street SW, Atlanta, Georgia
30303–8960; telephone number: (404)
562–8479; fax number: (404) 562–9964;
email address: cheeks.thornell@epa.gov.
SUPPLEMENTARY INFORMATION:
A. Why are revisions to state programs
necessary?
States that 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.
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B. What decisions has EPA made in this
proposed rule?
On June 4, 2019, North Carolina
formally requested authorization of
changes to its hazardous waste
management program that correspond to
certain Federal rules promulgated
between July 1, 2004 and June 30, 2017
(including RCRA Clusters 1 XV, XVII,
XX, XXIII, XXIV, XXV, and XXVI). EPA
concludes that North Carolina’s
application 2 to revise its authorized
program meets all of the statutory and
regulatory requirements established
under RCRA, as set forth in RCRA
section 3006(b), 42 U.S.C. 6926(b), and
40 CFR part 271. Therefore, EPA
proposes to grant North Carolina final
authorization to operate its hazardous
waste program with the changes
described in the authorization
application, and as outlined below in
Section F 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 program
revision application, subject to the
limitations of HSWA, as discussed
above.
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C. What is the effect of this proposed
authorization decision?
If North Carolina is authorized for the
changes described in North Carolina’s
authorization application, these changes
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 would maintain its
authorities under RCRA sections 3007,
3008, 3013, and 7003, including its
authority to:
• Conduct inspections, and require
monitoring, tests, analyses, and 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 will not impose additional
requirements on the regulated
community because the regulations for
which EPA is proposing to authorize
North Carolina are already effective
under North Carolina State law and are
not changed by today’s proposed action.
D. What happens if EPA receives
comments that oppose this action?
EPA will evaluate any comments
received on this proposed action and
will make a final decision on approval
or disapproval of North Carolina’s
proposed authorization. Our decision
will be published in the Federal
Register. You may not have another
opportunity to comment. If you want to
comment on this authorization, you
must do so at this time.
E. 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 29460);
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
44267
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); June 14, 2013, effective
August 13, 2013 (78 FR 35766); and
August 24, 2015, effective October 23,
2015 (80 FR 51141).
F. What changes are we proposing with
today’s action?
On June 4, 2019, North Carolina
formally requested authorization, in
accordance with 40 CFR 271.21, of
changes to its hazardous waste
management program associated with
Checklists 3 206.1, 207.1, 215, 222, and
230 through 238. The June 4, 2019
submittal amended North Carolina’s
initial program revision application
with respect to these checklists, dated
January 4, 2019, with revised Checklists
206.1, 207.1, 236, and 237; a revised
‘‘Summary of RCRA Clusters and
Checklists Submitted;’’ a modified
Program Description; and a Statutory
Checklist. The January 4, 2019
submittal, as amended by the June 4,
2019 submittal, constitutes a complete
program revision application. EPA
proposes to determine, 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 is proposing to
authorize North Carolina for the
following program changes:
Description of Federal
requirement
Federal Register date and
page
Checklist 206.1, Nonwastewaters from Dyes and Pigments (Corrections).
Checklist 207.1, Corrections;, Uniform Hazardous
Waste Manifest Rule 4.
Checklist 215, Cathode Ray Tubes Rule 5 ....................
70 FR 35032, 6/16/05 .............
15A NCAC 13A .0106(d).
70 FR 35034, 6/16/05 .............
15A NCAC 13A .0107(b) & (j); 15A NCAC 13A
.0109(f); and 15A NCAC 13A .0110(e).
15A NCAC 13A .0102(b); and 15A NCAC 13A
.0106(a) & (e).
1 A ‘‘cluster’’ is a grouping of hazardous waste
rules that EPA promulgates from July 1st of one
year to June 30th of the following year.
2 As explained below in Section F, North
Carolina’s application is comprised of its January 4,
2019 submittal, as amended by its June 4, 2019
submittal.
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71 FR 42928, 7/28/06 .............
Analogous State authority *
3 A ‘‘checklist’’ is developed by EPA for each
Federal rule amending the RCRA regulations. The
checklists document the changes made by each
Federal rule and are presented and numbered in
chronological order by date of promulgation.
4 Some provisions contained in this Rule were
subsequently amended or removed by Checklist 231
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(Hazardous Waste Electronic Manifest Rule), for
which EPA is also authorizing North Carolina at
this time, and Checklist 239 (Hazardous Waste
Electronic Manifest User Fee Rule), for which EPA
is not authorizing North Carolina at this time.
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Description of Federal
requirement
Federal Register date and
page
Analogous State authority *
Checklist 222, OECD Requirements; Export Shipments
of Spent Lead-Acid Batteries 6.
75 FR 1236, 1/8/10 .................
Checklist 230, Conditional Exclusion for Carbon Dioxide (CO2) Streams in Geologic Sequestration Activities.
Checklist 231, Hazardous Waste Electronic Manifest
Rule 7.
79 FR 350, 1/3/14 ...................
15A NCAC 13A .0101(b); 15A NCAC 13A .0107(a) &
(f); 15A NCAC 13A .0108(a); 15A NCAC 13A
.0109(c) & (f); 15A NCAC 13A .0110(b) & (e); and
15A NCAC 13A .0111(c).
15A NCAC 13A .0102(b) and 15A NCAC 13A
.0106(a).
Checklist 232, Revisions to the Export Provisions of
the Cathode Ray Tube (CRT) Rule.
Checklist 233, Revisions to the Definition of Solid
Waste and:
233A ........................................................................
233B ........................................................................
Response to Vacatur of Certain Provisions of the Definition of Solid Waste Rule:
233C ........................................................................
233D2 ......................................................................
79 FR 7518, 2/7/14 .................
79 FR 36220, 6/26/14 .............
80 FR 1694, 1/13/15 ...............
15A NCAC 13A .0103(c).
15A NCAC 13A .0102(b) & (c); 15A NCAC 13A
.0103(c); and 15A NCAC 13A .0106(a).
83 FR 24664, 5/30/18 .............
15A NCAC 13A .0106(a).
15A NCAC 13A .0101(b); 15A NCAC 13A .0102(b);
15A NCAC 13A .0103(c); 15A NCAC 13A .0106(a),
(f), & (i); and 15A NCAC .0113(g).
15A NCAC 13A .0102(b); and 15A NCAC 13A
.0106(a), (g), (h), (j), (k), & (l).
15A NCAC 13A .0102(b) and 15A NCAC 13A
.0106(a) & (e).
15A NCAC 13A .0106(a).
233E ........................................................................
Checklist 234, Vacatur of the Comparable Fuels Rule
and the Gasification Rule.
Checklist 235, Disposal of Coal Combustion Residuals
from Electric Utilities.
Checklist 236, Imports and Exports of Hazardous
Waste 8.
15A NCAC 13A .0101(b) & (d); 15A NCAC 13A
.0102(b); 15A NCAC 13A .0107(b); 15A NCAC 13A
.0108(b); 15A NCAC 13A .0109(f); and 15A NCAC
13A .0110(e).
15A NCAC 13A .0101(b); 15A NCAC 13A .0102(b);
and 15A NCAC 13A .0106(e).
80 FR 18777, 4/8/15 ...............
80 FR 21302, 4/17/15 .............
81 FR 85696, 11/28/16, 82 FR
41015, 8/29/17.
Checklist 237, Hazardous Waste Generator Improvements Rule.
81 FR 85732, 11/28/16 ...........
Checklist 238, Confidentiality Determinations for Hazardous Waste Export and Import Documents.
82 FR 60894, 12/26/17 ...........
15A NCAC 13A .0101(e); 15A NCAC 13A .0102(b);
15A NCAC 13A .0106(a) & (e); 15A NCAC 13A
.0107(a), (d), (f), & (j); 15A NCAC 13A .0108(a) &
(b); 15A NCAC 13A .0109(c) & (f); 15A NCAC 13A
.0110(b) & (e); 15A NCAC 13A .0111(b) & (c); and
15A NCAC 13A .0119(b), (c), (d), (e), & (f).
15A NCAC 13A .0101(d) & (e); 15A NCAC 13A
.0102(b); 15A NCAC 13A .0106(a), (d), & (i); 15A
NCAC 13A .0107(a), (b), (c), (d), (g), (h), & (i); 15A
NCAC 13A .0108(a); 15A NCAC 13A .0109(b), (c),
(f), (j), (k), (v), (w), & (y); 15A NCAC 13A .0110(a),
(b), (e), (i), (j), (s), (t), & (v); 15A NCAC 13A
.0111(c) & (f); 15A NCAC 13A .0112(a) & (e); 15A
NCAC 13A .0113(a) & (g); 15A NCAC 13A
.0118(b); and 15A NCAC 13A .0119(a) & (g).
15A NCAC 13A .0101(d); 15A NCAC 13A .0106(e);
and 15A NCAC 13A .0107(f).
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* The North Carolina regulatory citations are from the North Carolina Administrative Code (NCAC), effective March 1, 2018.
G. Where are the revised State rules
different from the Federal rules?
such regulations, and they are not
federally enforceable.
When revised state rules differ from
the Federal rules in the RCRA state
authorization process, EPA determines
whether the state rules are equivalent to,
more stringent than, or broader in scope
than the Federal program. Pursuant to
Section 3009 of RCRA, 42 U.S.C. 6929,
state programs may contain
requirements that are more stringent
than the Federal regulations. Such more
stringent requirements can be federally
authorized and, once authorized,
become federally enforceable. Although
the statute does not prevent states from
adopting regulations that are broader in
scope than the Federal program, states
cannot receive Federal authorization for
5 Some provisions contained in this Rule were
subsequently amended by Checklist 232 (Revisions
to the Export Provisions of the Cathode Ray Tube
(CRT) Rule), for which EPA is also authorizing
North Carolina at this time.
6 Some provisions contained in this Rule were
subsequently amended or removed by Checklist 236
(Import and Exports of Hazardous Waste), for which
EPA is also authorizing North Carolina at this time.
7 Some provisions contained in this Rule were
subsequently amended or removed by Checklist 239
(Hazardous Waste Electronic Manifest User Fee
Rule), for which EPA is not authorizing North
Carolina at this time.
8 Some provisions contained in this Rule were
subsequently amended or removed by Checklist 237
(Hazardous Waste Generator Improvements Rule),
for which EPA is also authorizing North Carolina
at this time.
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EPA has determined that certain
regulations included in North Carolina’s
program revision application are more
stringent than the Federal program.
These more stringent requirements will
become part of the federally enforceable
RCRA program in North Carolina when
authorized.
First, the North Carolina definition for
‘‘contained’’ at 15A NCAC 13A .0102(c)
is more stringent than the Federal
definition at 40 CFR 260.10 because it
adds the italicized language at the end
of the following sentence: ‘‘The unit is
in good condition, with no leaks or
other continuing or intermittent
unpermitted releases of the hazardous
secondary materials or hazardous
constituents originating from the
hazardous secondary materials. . . .’’
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Compare 15A NCAC 13A .0102(c) with
40 CFR 260.10.
Second, North Carolina’s program is
more stringent at 15A NCAC 13A
.0107(a) and (i), the State analogs to 40
CFR 262.16(b)(8)(v) and 40 CFR
262.255. The North Carolina provisions
require small quantity and large
quantity generators to maintain aisle
space of at least two feet in a central
accumulation area. The Federal program
requires small quantity and large
quantity generators to maintain aisle
space to allow the unobstructed
movement of personnel, fire protection
equipment, spill control equipment, and
decontamination equipment to any area
of facility operation in an emergency,
unless aisle space is not needed for any
of these purposes, but does not specify
a minimum amount of space.
It should be noted that states cannot
receive authorization for certain Federal
regulatory functions included in the
regulations associated with the
Hazardous Waste Electronic Manifest
Rule (Checklist 231). Although North
Carolina has adopted these regulations
to maintain its equivalency with the
Federal program, it has appropriately
maintained the Federal references. See
15A NCAC 13A .0101(b).
States also cannot receive
authorization for certain Federal
regulatory functions included in the
regulations involving international
shipments (i.e., import and export
provisions) associated with the Cathode
Ray Tubes Rule (Checklist 215), the
OECD Requirements for Export
Shipments of Spent Lead-Acid Batteries
Rule (Checklist 222), the Revisions to
the Export Provisions of the CRT Rule
(Checklist 232), the Imports and Exports
of Hazardous Waste Rule (Checklist
236), and the Confidentiality
Determinations for Hazardous Waste
Export and Import Documents Rule
(Checklist 238). Although North
Carolina has also adopted these rules to
maintain its equivalency with the
Federal program, it has appropriately
maintained the Federal references. See
15A NCAC 13A .0101(b).
H. Who handles permits after the final
authorization takes effect?
When final 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 that EPA issued
prior to the effective date of
authorization until they expire or are
terminated. EPA will not issue any new
permits or new portions of permits for
the provisions listed in the table above
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after the effective date of the final
authorization. EPA will continue to
implement and issue permits for HSWA
requirements for which North Carolina
is not yet authorized. EPA has the
authority to enforce State-issued permits
after the State is authorized.
I. How does today’s proposed 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 on these lands.
J. What is codification and will EPA
codify North Carolina’s hazardous
waste program as proposed in this rule?
Codification is the process of placing
citations and references to 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 adding
those citations and references to the
authorized State rules in 40 CFR part
272. EPA is not proposing to codify the
authorization of North Carolina’s
changes at this time. However, EPA
reserves the ability to amend 40 CFR
part 272, subpart II for the authorization
of North Carolina’s program changes at
a later date.
K. Statutory and Executive Order
Reviews
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 13563 (76 FR 3821, January 21,
2011). This action proposes to authorize
State requirements for the purpose of
RCRA section 3006 and imposes no
additional requirements beyond those
imposed by State law. Therefore, this
action is not subject to review by OMB.
This action is not an Executive Order
13771 (82 FR 9339, February 3, 2017)
regulatory action because actions such
as today’s proposed authorization of
North Carolina’s revised hazardous
waste program under RCRA are
exempted under Executive Order 12866.
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 proposes to authorize preexisting 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
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44269
uniquely affect small governments, as
described in the Unfunded Mandates
Reform Act of 1995 (2 U.S.C. 1531–
1538). 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
proposes to authorize 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 action 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
proposing 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
this action 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 action does not impose an
information collection burden under the
E:\FR\FM\23AUP1.SGM
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44270
Federal Register / Vol. 84, No. 164 / Friday, August 23, 2019 / Proposed Rules
provisions of the Paperwork Reduction
Act of 1995 (44 U.S.C. 3501 et seq.).
‘‘Burden’’ is defined at 5 CFR 1320.3(b).
Executive Order 12898 (59 FR 7629,
February 16, 1994) establishes federal
executive policy on environmental
justice. Its main provision directs
federal agencies, to the greatest extent
practicable and permitted by law, to
make environmental justice part of their
mission by identifying and addressing,
as appropriate, disproportionately high
and adverse human health or
environmental effects of their programs,
policies, and activities on minority
populations and low-income
populations in the United States.
Because this action proposes
authorization of pre-existing State rules
which are at least equivalent to, and no
less stringent than existing Federal
requirements, and imposes no
additional requirements beyond those
imposed by State law, and there are no
anticipated significant adverse human
health or environmental effects, this
proposed rule is not subject to Executive
Order 12898.
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: August 5, 2019.
Mary S. Walker,
Regional Administrator, Region 4.
[FR Doc. 2019–18239 Filed 8–22–19; 8:45 am]
BILLING CODE 6560–50–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Parts 73 and 76
[MB Docket No. 19–177; FCC 19–721]
jbell on DSK3GLQ082PROD with PROPOSALS
Review of EEO Compliance and
Enforcement in Broadcast and
Multichannel Video Programming
Industries
Federal Communications
Commission.
ACTION: Proposed rule.
AGENCY:
This document announces
that the Federal Communications
Commission granted a motion filed by
SUMMARY:
VerDate Sep<11>2014
16:14 Aug 22, 2019
Jkt 247001
the Multicultural Media, Telecom and
internet Council (MMTC) in MB Docket
No. 19–177 to extend the deadlines for
filing comments and replies in response
to the Commission’s document on
possible improvements to equal
employment opportunity (EEO)
compliance and enforcement.
DATES: Comments Due: September 20,
2019. Replies Due: November 4, 2019.
ADDRESSES: Electronic Filers: Comments
may be filed electronically using the
internet by accessing the ECFS: https://
apps.fcc.gov/ecfs/.
Paper Filers: Parties who choose to
file by paper must file an original and
one copy of each filing.
• Filings can be sent by hand or
messenger delivery, by commercial
overnight courier, or by first-class or
overnight U.S. Postal Service mail. All
filings must be addressed to the
Commission’s Secretary, Office of the
Secretary, Federal Communications
Commission.
• All hand-delivered or messengerdelivered paper filings for the
Commission’s Secretary must be
delivered to FCC Headquarters at 445
12th St. SW, Room TW–A325,
Washington, DC 20554. The filing hours
are 8:00 a.m. to 7:00 p.m. All hand
deliveries must be held together with
rubber bands or fasteners. Any
envelopes and boxes must be disposed
of before entering the building.
• Commercial overnight mail (other
than U.S. Postal Service Express Mail
and Priority Mail) must be sent to 9050
Junction Drive, Annapolis Junction, MD
20701.
• U.S. Postal Service first-class,
Express, and Priority mail must be
addressed to 445 12th Street SW,
Washington, DC 20554.
For detailed instructions on
submitting comments and replies and
additional information on the
rulemaking process, see the
Commission’s Proposed Rule, MB
Docket No. 19–177, FCC 19–54, adopted
June 12, 2019, and released June 21,
2019.
FOR FURTHER INFORMATION CONTACT:
Radhika Karmarkar, Industry Analysis
Division, Media Bureau,
Radhika.Karmarkar@fcc.gov, (202) 418–
1523.
SUPPLEMENTARY INFORMATION: This
document summarizes the Media
Bureau’s Order in MB Docket No. 19–
177 which was adopted and released
July 30, 2019. On July 25, 2019, MMTC
filed a motion requesting an extension
of time to file comments and replies
until September 20, 2019, and
November 4, 2019, respectively in
response to the Commission’s Proposed
PO 00000
Frm 00013
Fmt 4702
Sfmt 4702
Rule in MB Docket No. 19–177, FCC 19–
54 (rel. June 21, 2019), 84 FR 35063,
July 22, 2019. For good cause shown,
the Media Bureau, pursuant to delegated
authority, granted the motion.
Comments were originally due August
21, 2019, and replies were due
September 5, 2019. Grant of the
MMTC’s request makes comments now
due on September 20, 2019 and replies
due on November 4, 2019. This
proceeding is treated as ‘‘permit-butdisclose’’ for purposes of the
Commission’s ex parte rules. See
generally 47 CFR 1.200–1.216. As a
result of the permit but disclose status,
ex parte presentations will be governed
by the procedures set forth in Section
1.1206 of the Commission’s rules
applicable to non-restricted
proceedings. The full text of the Media
Bureau’s Order in Docket No. 19–177 is
available electronically at https://
ecfsapi.fcc.gov/file/0730148503545/DA19-721A1.pdf.
People With Disabilities. To request
materials in accessible formats for
people with disabilities (Braille, large
print, electronic files, audio format),
send an email to fcc504@fcc.gov or call
the Consumer and Governmental Affairs
Bureau at 202–418–0530 (voice), 202–
418–0432 (TTY).
Federal Communications Commission.
Marlene Dortch,
Secretary.
[FR Doc. 2019–18231 Filed 8–22–19; 8:45 am]
BILLING CODE 6712–01–P
DEPARTMENT OF DEFENSE
GENERAL SERVICES
ADMINISTRATION
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
48 CFR Part 52
[FAR Case 2018–022; Docket No. FAR–
2019–0010, Seq. No. 01]
RIN 9000–AN80
Federal Acquisition Regulations:
Orders Issued via Fax or Electronic
Commerce
Department of Defense (DoD),
General Services Administration (GSA),
and National Aeronautics and Space
Administration (NASA).
ACTION: Proposed rule.
AGENCY:
DoD, GSA, and NASA are
proposing to amend a Federal
Acquisition Regulation (FAR) clause to
permit the issuance of task or delivery
orders via fax or electronic commerce
SUMMARY:
E:\FR\FM\23AUP1.SGM
23AUP1
]]>Agencies
[Federal Register Volume 84, Number 164 (Friday, August 23, 2019)]
[Proposed Rules]
[Pages 44266-44270]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-18239]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 271
[EPA-R04-RCRA-2019-0425; FRL-9998-61-Region 4]
North Carolina: Proposed Authorization of State Hazardous Waste
Management Program Revisions
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: North Carolina has applied to the Environmental Protection
Agency (EPA) for final authorization of changes to its hazardous waste
program under the Resource Conservation and Recovery Act (RCRA), as
amended. EPA has reviewed North Carolina's application and has
determined, subject to public comment, that these changes satisfy all
requirements needed to qualify for final authorization. Therefore, we
are proposing to authorize the State's changes. EPA seeks public
comment prior to taking final action.
DATES: Comments must be received on or before September 23, 2019.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
RCRA-2019-0425, at https://www.regulations.gov. Follow the online
instructions for submitting comments. Once submitted, comments cannot
be edited or removed from www.regulations.gov. EPA may publish any
comment received to its public docket. Do not submit electronically any
information you consider to be Confidential Business Information (CBI)
or other information whose disclosure is restricted by statute.
Multimedia submissions (audio, video, etc.) must be accompanied by a
written comment. The written comment is considered the official comment
and should include discussion of all points you wish to make. EPA will
generally not consider comments or comment contents located outside of
the primary submission (i.e., on the web, cloud, or other file sharing
system). For additional submission methods, the full EPA public comment
policy, information about CBI or multimedia submissions, and general
guidance on making effective comments, please visit https://www2.epa.gov/dockets/commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT: Thornell Cheeks, RCRA Programs and
Cleanup Branch, Land, Chemicals and Redevelopment Division, U.S.
Environmental Protection Agency, Region 4, Atlanta Federal Center, 61
Forsyth Street SW, Atlanta, Georgia 30303-8960; telephone number: (404)
562-8479; fax number: (404) 562-9964; email address:
[email protected].
SUPPLEMENTARY INFORMATION:
A. Why are revisions to state programs necessary?
States that 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.
[[Page 44267]]
B. What decisions has EPA made in this proposed rule?
On June 4, 2019, North Carolina formally requested authorization of
changes to its hazardous waste management program that correspond to
certain Federal rules promulgated between July 1, 2004 and June 30,
2017 (including RCRA Clusters \1\ XV, XVII, XX, XXIII, XXIV, XXV, and
XXVI). EPA concludes that North Carolina's application \2\ to revise
its authorized program meets all of the statutory and regulatory
requirements established under RCRA, as set forth in RCRA section
3006(b), 42 U.S.C. 6926(b), and 40 CFR part 271. Therefore, EPA
proposes to grant North Carolina final authorization to operate its
hazardous waste program with the changes described in the authorization
application, and as outlined below in Section F of this document.
---------------------------------------------------------------------------
\1\ A ``cluster'' is a grouping of hazardous waste rules that
EPA promulgates from July 1st of one year to June 30th of the
following year.
\2\ As explained below in Section F, North Carolina's
application is comprised of its January 4, 2019 submittal, as
amended by its June 4, 2019 submittal.
---------------------------------------------------------------------------
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 program revision application, subject to the limitations of
HSWA, as discussed above.
C. What is the effect of this proposed authorization decision?
If North Carolina is authorized for the changes described in North
Carolina's authorization application, these changes 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 would maintain its authorities under RCRA sections 3007,
3008, 3013, and 7003, including its authority to:
Conduct inspections, and require monitoring, tests,
analyses, and 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 will not impose additional requirements on the
regulated community because the regulations for which EPA is proposing
to authorize North Carolina are already effective under North Carolina
State law and are not changed by today's proposed action.
D. What happens if EPA receives comments that oppose this action?
EPA will evaluate any comments received on this proposed action and
will make a final decision on approval or disapproval of North
Carolina's proposed authorization. Our decision will be published in
the Federal Register. You may not have another opportunity to comment.
If you want to comment on this authorization, you must do so at this
time.
E. 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 29460); 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); June 14, 2013, effective August 13, 2013 (78 FR
35766); and August 24, 2015, effective October 23, 2015 (80 FR 51141).
F. What changes are we proposing with today's action?
On June 4, 2019, North Carolina formally requested authorization,
in accordance with 40 CFR 271.21, of changes to its hazardous waste
management program associated with Checklists \3\ 206.1, 207.1, 215,
222, and 230 through 238. The June 4, 2019 submittal amended North
Carolina's initial program revision application with respect to these
checklists, dated January 4, 2019, with revised Checklists 206.1,
207.1, 236, and 237; a revised ``Summary of RCRA Clusters and
Checklists Submitted;'' a modified Program Description; and a Statutory
Checklist. The January 4, 2019 submittal, as amended by the June 4,
2019 submittal, constitutes a complete program revision application.
EPA proposes to determine, 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 is
proposing to authorize North Carolina for the following program
changes:
---------------------------------------------------------------------------
\3\ A ``checklist'' is developed by EPA for each Federal rule
amending the RCRA regulations. The checklists document the changes
made by each Federal rule and are presented and numbered in
chronological order by date of promulgation.
\4\ Some provisions contained in this Rule were subsequently
amended or removed by Checklist 231 (Hazardous Waste Electronic
Manifest Rule), for which EPA is also authorizing North Carolina at
this time, and Checklist 239 (Hazardous Waste Electronic Manifest
User Fee Rule), for which EPA is not authorizing North Carolina at
this time.
----------------------------------------------------------------------------------------------------------------
Description of Federal requirement Federal Register date and page Analogous State authority *
----------------------------------------------------------------------------------------------------------------
Checklist 206.1, Nonwastewaters from 70 FR 35032, 6/16/05......................... 15A NCAC 13A .0106(d).
Dyes and Pigments (Corrections).
Checklist 207.1, Corrections;, 70 FR 35034, 6/16/05......................... 15A NCAC 13A .0107(b) &
Uniform Hazardous Waste Manifest (j); 15A NCAC 13A
Rule \4\. .0109(f); and 15A NCAC 13A
.0110(e).
Checklist 215, Cathode Ray Tubes 71 FR 42928, 7/28/06......................... 15A NCAC 13A .0102(b); and
Rule \5\. 15A NCAC 13A .0106(a) &
(e).
[[Page 44268]]
Checklist 222, OECD Requirements; 75 FR 1236, 1/8/10........................... 15A NCAC 13A .0101(b); 15A
Export Shipments of Spent Lead-Acid NCAC 13A .0107(a) & (f);
Batteries \6\. 15A NCAC 13A .0108(a); 15A
NCAC 13A .0109(c) & (f);
15A NCAC 13A .0110(b) &
(e); and 15A NCAC 13A
.0111(c).
Checklist 230, Conditional Exclusion 79 FR 350, 1/3/14............................ 15A NCAC 13A .0102(b) and
for Carbon Dioxide (CO2) Streams in 15A NCAC 13A .0106(a).
Geologic Sequestration Activities.
Checklist 231, Hazardous Waste 79 FR 7518, 2/7/14........................... 15A NCAC 13A .0101(b) &
Electronic Manifest Rule \7\. (d); 15A NCAC 13A
.0102(b); 15A NCAC 13A
.0107(b); 15A NCAC 13A
.0108(b); 15A NCAC 13A
.0109(f); and 15A NCAC 13A
.0110(e).
Checklist 232, Revisions to the 79 FR 36220, 6/26/14......................... 15A NCAC 13A .0101(b); 15A
Export Provisions of the Cathode NCAC 13A .0102(b); and 15A
Ray Tube (CRT) Rule. NCAC 13A .0106(e).
Checklist 233, Revisions to the
Definition of Solid Waste and:
233A............................ 80 FR 1694, 1/13/15.......................... 15A NCAC 13A .0103(c).
233B............................ 15A NCAC 13A .0102(b) &
(c); 15A NCAC 13A
.0103(c); and 15A NCAC 13A
.0106(a).
Response to Vacatur of Certain
Provisions of the Definition of
Solid Waste Rule:
233C............................ 83 FR 24664, 5/30/18......................... 15A NCAC 13A .0106(a).
233D2........................... 15A NCAC 13A .0101(b); 15A
NCAC 13A .0102(b); 15A
NCAC 13A .0103(c); 15A
NCAC 13A .0106(a), (f), &
(i); and 15A NCAC
.0113(g).
233E............................ 15A NCAC 13A .0102(b); and
15A NCAC 13A .0106(a),
(g), (h), (j), (k), & (l).
Checklist 234, Vacatur of the 80 FR 18777, 4/8/15.......................... 15A NCAC 13A .0102(b) and
Comparable Fuels Rule and the 15A NCAC 13A .0106(a) &
Gasification Rule. (e).
Checklist 235, Disposal of Coal 80 FR 21302, 4/17/15......................... 15A NCAC 13A .0106(a).
Combustion Residuals from Electric
Utilities.
Checklist 236, Imports and Exports 81 FR 85696, 11/28/16, 82 FR 41015, 8/29/17.. 15A NCAC 13A .0101(e); 15A
of Hazardous Waste \8\. NCAC 13A .0102(b); 15A
NCAC 13A .0106(a) & (e);
15A NCAC 13A .0107(a),
(d), (f), & (j); 15A NCAC
13A .0108(a) & (b); 15A
NCAC 13A .0109(c) & (f);
15A NCAC 13A .0110(b) &
(e); 15A NCAC 13A .0111(b)
& (c); and 15A NCAC 13A
.0119(b), (c), (d), (e), &
(f).
Checklist 237, Hazardous Waste 81 FR 85732, 11/28/16........................ 15A NCAC 13A .0101(d) &
Generator Improvements Rule. (e); 15A NCAC 13A
.0102(b); 15A NCAC 13A
.0106(a), (d), & (i); 15A
NCAC 13A .0107(a), (b),
(c), (d), (g), (h), & (i);
15A NCAC 13A .0108(a); 15A
NCAC 13A .0109(b), (c),
(f), (j), (k), (v), (w), &
(y); 15A NCAC 13A
.0110(a), (b), (e), (i),
(j), (s), (t), & (v); 15A
NCAC 13A .0111(c) & (f);
15A NCAC 13A .0112(a) &
(e); 15A NCAC 13A .0113(a)
& (g); 15A NCAC 13A
.0118(b); and 15A NCAC 13A
.0119(a) & (g).
Checklist 238, Confidentiality 82 FR 60894, 12/26/17........................ 15A NCAC 13A .0101(d); 15A
Determinations for Hazardous Waste NCAC 13A .0106(e); and 15A
Export and Import Documents. NCAC 13A .0107(f).
----------------------------------------------------------------------------------------------------------------
* The North Carolina regulatory citations are from the North Carolina Administrative Code (NCAC), effective
March 1, 2018.
G. Where are the revised State rules different from the Federal rules?
When revised state rules differ from the Federal rules in the RCRA
state authorization process, EPA determines whether the state rules are
equivalent to, more stringent than, or broader in scope than the
Federal program. Pursuant to Section 3009 of RCRA, 42 U.S.C. 6929,
state programs may contain requirements that are more stringent than
the Federal regulations. Such more stringent requirements can be
federally authorized and, once authorized, become federally
enforceable. Although the statute does not prevent states from adopting
regulations that are broader in scope than the Federal program, states
cannot receive Federal authorization for such regulations, and they are
not federally enforceable.
---------------------------------------------------------------------------
\5\ Some provisions contained in this Rule were subsequently
amended by Checklist 232 (Revisions to the Export Provisions of the
Cathode Ray Tube (CRT) Rule), for which EPA is also authorizing
North Carolina at this time.
\6\ Some provisions contained in this Rule were subsequently
amended or removed by Checklist 236 (Import and Exports of Hazardous
Waste), for which EPA is also authorizing North Carolina at this
time.
\7\ Some provisions contained in this Rule were subsequently
amended or removed by Checklist 239 (Hazardous Waste Electronic
Manifest User Fee Rule), for which EPA is not authorizing North
Carolina at this time.
\8\ Some provisions contained in this Rule were subsequently
amended or removed by Checklist 237 (Hazardous Waste Generator
Improvements Rule), for which EPA is also authorizing North Carolina
at this time.
---------------------------------------------------------------------------
EPA has determined that certain regulations included in North
Carolina's program revision application are more stringent than the
Federal program. These more stringent requirements will become part of
the federally enforceable RCRA program in North Carolina when
authorized.
First, the North Carolina definition for ``contained'' at 15A NCAC
13A .0102(c) is more stringent than the Federal definition at 40 CFR
260.10 because it adds the italicized language at the end of the
following sentence: ``The unit is in good condition, with no leaks or
other continuing or intermittent unpermitted releases of the hazardous
secondary materials or hazardous constituents originating from the
hazardous secondary materials. . . .''
[[Page 44269]]
Compare 15A NCAC 13A .0102(c) with 40 CFR 260.10.
Second, North Carolina's program is more stringent at 15A NCAC 13A
.0107(a) and (i), the State analogs to 40 CFR 262.16(b)(8)(v) and 40
CFR 262.255. The North Carolina provisions require small quantity and
large quantity generators to maintain aisle space of at least two feet
in a central accumulation area. The Federal program requires small
quantity and large quantity generators to maintain aisle space to allow
the unobstructed movement of personnel, fire protection equipment,
spill control equipment, and decontamination equipment to any area of
facility operation in an emergency, unless aisle space is not needed
for any of these purposes, but does not specify a minimum amount of
space.
It should be noted that states cannot receive authorization for
certain Federal regulatory functions included in the regulations
associated with the Hazardous Waste Electronic Manifest Rule (Checklist
231). Although North Carolina has adopted these regulations to maintain
its equivalency with the Federal program, it has appropriately
maintained the Federal references. See 15A NCAC 13A .0101(b).
States also cannot receive authorization for certain Federal
regulatory functions included in the regulations involving
international shipments (i.e., import and export provisions) associated
with the Cathode Ray Tubes Rule (Checklist 215), the OECD Requirements
for Export Shipments of Spent Lead-Acid Batteries Rule (Checklist 222),
the Revisions to the Export Provisions of the CRT Rule (Checklist 232),
the Imports and Exports of Hazardous Waste Rule (Checklist 236), and
the Confidentiality Determinations for Hazardous Waste Export and
Import Documents Rule (Checklist 238). Although North Carolina has also
adopted these rules to maintain its equivalency with the Federal
program, it has appropriately maintained the Federal references. See
15A NCAC 13A .0101(b).
H. Who handles permits after the final authorization takes effect?
When final 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 that EPA issued
prior to the effective date of authorization until they expire or are
terminated. EPA will not issue any new permits or new portions of
permits for the provisions listed in the table above after the
effective date of the final authorization. EPA will continue to
implement and issue permits for HSWA requirements for which North
Carolina is not yet authorized. EPA has the authority to enforce State-
issued permits after the State is authorized.
I. How does today's proposed 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 on these lands.
J. What is codification and will EPA codify North Carolina's hazardous
waste program as proposed in this rule?
Codification is the process of placing citations and references to
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 adding those citations and references to
the authorized State rules in 40 CFR part 272. EPA is not proposing to
codify the authorization of North Carolina's changes at this time.
However, EPA reserves the ability to amend 40 CFR part 272, subpart II
for the authorization of North Carolina's program changes at a later
date.
K. Statutory and Executive Order Reviews
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 13563 (76 FR 3821, January 21, 2011). This action proposes to
authorize State requirements for the purpose of RCRA section 3006 and
imposes no additional requirements beyond those imposed by State law.
Therefore, this action is not subject to review by OMB. This action is
not an Executive Order 13771 (82 FR 9339, February 3, 2017) regulatory
action because actions such as today's proposed authorization of North
Carolina's revised hazardous waste program under RCRA are exempted
under Executive Order 12866. 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 proposes to authorize 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
(2 U.S.C. 1531-1538). 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 proposes to authorize 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 action 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 proposing 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 this action 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 action does not impose an information collection burden
under the
[[Page 44270]]
provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et
seq.). ``Burden'' is defined at 5 CFR 1320.3(b). Executive Order 12898
(59 FR 7629, February 16, 1994) establishes federal executive policy on
environmental justice. Its main provision directs federal agencies, to
the greatest extent practicable and permitted by law, to make
environmental justice part of their mission by identifying and
addressing, as appropriate, disproportionately high and adverse human
health or environmental effects of their programs, policies, and
activities on minority populations and low-income populations in the
United States. Because this action proposes authorization of pre-
existing State rules which are at least equivalent to, and no less
stringent than existing Federal requirements, and imposes no additional
requirements beyond those imposed by State law, and there are no
anticipated significant adverse human health or environmental effects,
this proposed rule is not subject to Executive Order 12898.
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: August 5, 2019.
Mary S. Walker,
Regional Administrator, Region 4.
[FR Doc. 2019-18239 Filed 8-22-19; 8:45 am]
BILLING CODE 6560-50-P
