[Federal Register Volume 78, Number 115 (Friday, June 14, 2013)]
[Rules and Regulations]
[Pages 35766-35769]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-13850]
[[Page 35766]]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 271
[EPA-R04-RCRA-2012-0173; FRL-9823-1]
North Carolina: Final Authorization of State Hazardous Waste
Management Program Revisions
AGENCY: Environmental Protection Agency (EPA).
ACTION: Immediate Final Rule.
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SUMMARY: North Carolina has applied to EPA for final authorization of
changes to its hazardous waste program under the Resource Conservation
and Recovery Act (RCRA). EPA has determined that these changes satisfy
all requirements needed to qualify for final authorization, and is
authorizing the State's changes through this immediate final rule. In
the ``Proposed Rules'' section of today's Federal Register, EPA is also
publishing a separate notice 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 notice in the Federal Register withdrawing
today's immediate final rule before it takes effect, and the separate
notice 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 August 13,
2013 unless EPA receives adverse written comment by July 15, 2013. If
EPA receives such comment, EPA will publish a timely withdrawal of this
immediate final rule in the Federal Register and inform the public that
this authorization will not take effect.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
RCRA-2012-0173, by one of the following methods:
Federal eRulemaking Portal: http://www.regulations.gov:
Follow the on-line instructions for submitting comments.
Email: g[email protected].
Fax: (404) 562-9964 (prior to faxing, please notify the
EPA contact listed below).
Mail: Send written comments to Gwendolyn Gleaton,
Permits and State Programs Section, RCRA Programs and Materials
Management Branch, RCRA 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, Permits and State Programs Section, RCRA Programs
and Materials Management Branch, RCRA Division, U.S. Environmental
Protection Agency, Atlanta Federal Center, 61 Forsyth Street SW.,
Atlanta, Georgia 30303-8960.
Instructions: EPA must receive your comments by July 15, 2013.
Please refer to Docket Number EPA-R04-RCRA-2012-0173. Do not submit
information that you consider to be confidential business information
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.
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, RCRA 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: (929) 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, Permits and State
Programs Section, RCRA Programs and Materials Management Branch, RCRA
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:
g[email protected].
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 June 8, 2009, 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, 2004, and June 30, 2008 (also known as RCRA Clusters XV
through XVIII). 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 notice.
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.
[[Page 35767]]
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 State 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 immediate final rule, EPA is publishing a separate
notice 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 notice.
E. What happens if EPA receives comments that oppose this action?
If EPA receives comments that oppose this authorization, EPA will
withdraw today's immediate 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 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 immediate 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); and February 7, 2011, effective
April 8, 2011 (76 FR 6561).
G. What changes is EPA authorizing with this action?
On June 8, 2009, 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:
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Federal Register date and
Description of Federal requirement page Analogous state authority \1\
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208--Methods Innovation Rule and SW-846 70 FR 34538 06/14/05 15A NCAC 13A .0101(e); 15A NCAC 13A
Final Update IIIB & Correction. 70 FR 44150 08/01/05....... .0103(c); 15A NCAC 13A .0106(a) and (c)-
(f); 15A NCAC 13A .0109(k), (o), (v)-(w)
and (aa); 15A NCAC 13A .0110(j), (n),
(s)-(u); 15A NCAC 13A .0111(d) and (g);
15A NCAC 13A .0112(c) and (e); 15A NCAC
13A .0113(b) and (i); and 15A NCAC 13A
.0118(b) and (e)-(g).
209--Universal Waste Rule: Specific 70 FR 45508 08/05/05....... 15A NCAC 13A .0102(b); 15A NCAC 13A
Provisions for Mercury Containing .0106(a); 15A NCAC 13A .0109(b); 15A
Equipment. NCAC 13A .0110(a); 15A NCAC 13A
.0112(a); 15A NCAC 13A .0113(a); and 15A
NCAC 13A .0119(a)-(c).
211--Revision of Wastewater Treatment 70 FR 57769 10/04/05....... 15A NCAC 13A .0106(a).
Exemptions for Hazardous Waste Mixtures
(``Headworks Exemptions'').
212--NESHAP: Final Standards for 70 FR 59402 10/12/05....... 15A NCAC 13A .0101(e); 15A NCAC 13A
Hazardous Waste Combusters. .0109(q); 15A NCAC 13A .0110(o); 15A
NCAC 13A .0111(d); and 15A NCAC 13A
.0113(a)-(b), (f)-(g), (i) and (k).
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213--Burden Reduction Initiative........ 71 FR 16862 04/04/06....... 15A NCAC 13A .0102(b); 15A NCAC 13A
.0103(c); 15A NCAC 13A .0106(a); 15A
NCAC 13A .0109(c), (e)-(k), (m)-(o),
(q), (s)-(t), (w) and (y); 15A NCAC 13A
.0110(b), (d)-(n), (r), (t) and (v); 15A
NCAC 13A .0111(d); 15A NCAC 13A
.0112(a); and 15A NCAC 13A .0113(b) and
(g).
214--Hazardous Waste and Used Oil; 71 FR 40254 07/14/06....... 15A NCAC 13A .0102(b); 15A NCAC 13A
Corrections to Errors in the Code of .0103(c); 15A NCAC 13A .0106(a) and (c)-
Federal Regulations. (f); 15A NCAC 13A .0107(c), (e) and (g)-
(h); 15A NCAC 13A .0109(b)-(c), (g)-(o),
(q), (s)-(y) and (aa); 15A NCAC 13A
.0110(a)-(b), (d), (f)-(n), (q)-(v) and
(x); 15A NCAC 13A .0111(b)-(d) and (f)-
(g); 15A NCAC 13A .0112(a) and (c)-(e);
15A NCAC 13A .0113(a)-(b), (f)-(g) and
(j); 15A NCAC 13A .0118(a)-(b) and (e)-
(h); and 15A NCAC 13A .0119(a)-(c).
216--Exclusion of Oil Bearing Secondary 73 FR 57 01/02/08.......... 15A NCAC 13A .0102(b) and 15A NCAC 13A
Materials Processed in a Gasification .0106(a).
System to Produce Synthesis Gas.
217--NESHAP: Final Standards for 73 FR 18970 04/08/08....... 15A NCAC 13A .0109(q) and 15A NCAC 13A
Hazardous Waste Combustors (Phase I .0111(d).
Final Replacement Standards and Phase
II) Amendments.
218--F019 Exemption for Wastewater 73 FR 31756 06/04/08....... 15A NCAC 13A .0106(d).
Treatment Sludges from Auto
Manufacturing Zinc Phosphating
Processes.
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\1\ The North Carolina provisions are from the North Carolina Hazardous Waste Management Rules, 15A NCAC 13A,
effective as of August 1, 2008.
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 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 has exempted this action from
the requirements of Executive Order 12866 (58 FR 51735, October 4,
1993), and therefore this action is not subject to review by OMB. This
action authorizes State requirements for the purpose of RCRA 3006 and
imposes no additional requirements beyond those imposed by State law.
Accordingly, I certify that this action will not have a significant
economic impact on a substantial number of small entities under the
Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because this action
authorizes pre-existing requirements under State law and does not
impose any additional enforceable duty beyond that required by State
law, it does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4). For the same reason, this
action also does not significantly or uniquely affect the communities
of Tribal governments, as specified by Executive Order 13175 (65 FR
67249, November 9, 2000). This action will not have substantial direct
effects on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government, as specified
in Executive Order 13132 (64 FR 43255, August 10, 1999), because it
merely authorizes State requirements as part of the State RCRA
hazardous waste program without altering the relationship or the
distribution of power and responsibilities established by RCRA. This
action also is not subject to Executive Order 13045 (62 FR 19885, April
23, 1997), because it is not economically significant and it does not
make decisions based on environmental health or safety risks. This rule
is not subject to Executive Order 13211, ``Actions Concerning
Regulations That Significantly Affect Energy Supply, Distribution, or
Use'' (66 FR 28355, May 22, 2001) because it is not a significant
regulatory action under Executive Order 12866.
Under RCRA 3006(b), EPA grants a State's application for
authorization as long as the State meets the criteria required by RCRA.
It would thus be inconsistent with applicable law for EPA, when it
reviews a State authorization application, to require the use of any
particular voluntary consensus standard in place of another
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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 August 13, 2013, 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: May 16, 2013.
Gwendolyn Keyes Fleming,
Regional Administrator, Region 4.
[FR Doc. 2013-13850 Filed 6-13-13; 8:45 am]
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