Hazardous waste program authorizations: North Carolina,
[Federal Register: August 25, 1999 (Volume 64, Number 164)]
[Rules and Regulations]
[Page 46298-46302]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr25au99-21]
ENVIRONMENTAL PROTECTION AGENCY
[FRL-6427-2]
North Carolina: Final Authorization of State Hazardous Waste Management Program Revision
AGENCY: Environmental Protection Agency (EPA).
ACTION: Immediate final rule.
SUMMARY: North Carolina has applied for Final authorization of revisions to its hazardous waste program under the Resource Conservation and Recovery Act (RCRA). North Carolina's revision consists of provisions promulgated between July 1, 1995 and June 30, 1997. The EPA has reviewed North Carolina's applications and determined that its hazardous waste program revision satisfies all of the requirements necessary to qualify for Final authorization. EPA is authorizing the state program revision through this immediate final action. EPA is publishing this rule without prior proposal because the Agency views this as a noncontroversial action and does not anticipate adverse comments. However, in the proposed rules section of this Federal Register, EPA is publishing a separate document that will serve as a proposal to authorize the revision should the Agency receive adverse comment. Unless EPA receives adverse written comments during the review and comment period, the decision to authorize North Carolina's hazardous waste program revision will take effect as indicated in the Dates section.
DATES: This Final authorization for North Carolina will become effective without further notice on October 25, 1999, unless EPA receives adverse comment by September 24, 1999. Should EPA receive such comments the Agency will publish a timely withdrawal informing the public that the rule will not take effect.
ADDRESSES: Send written comments to Narindar Kumar, Chief RCRA Programs Branch, Waste Management Division, U.S. Environmental Protection Agency, Atlanta Federal Center, 61 Forsyth Street, SW Atlanta, GA, 30303-3104. Copies of the North Carolina program revision applications and the materials which EPA used in evaluating the revision are available for inspection and copying during normal business hours at the following addresses: North Carolina Department of Environment, Health and Natural Resources, P.O. Box
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27687, Raleigh, North Carolina 29201, (919) 733-2178; and U.S. EPA Region 4, Atlanta Federal Center, Library, 61 Forsyth Street, SW, Atlanta, Georgia 30303; (404) 347-4216.
FOR FURTHER INFORMATION CONTACT: Narindar Kumar at (404) 562-8440.
SUPPLEMENTARY INFORMATION:
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Background
States with final authorization under Section 3006(b) of the RCRA, 42 U.S.C. 6926(b), have a continuing obligation to maintain a hazardous waste program that is equivalent to, consistent with, and no less stringent than the Federal hazardous waste program. As the Federal hazardous waste program changes, the States must revise their programs and apply for authorization of the revisions. Revisions to State hazardous waste programs may be necessary when Federal or State statutory or regulatory authority is modified or when certain other changes occur. Most commonly, States must revise their programs because of changes to EPA's regulations in 40 Code of Federal Regulations (CFR) Parts 124, 260 through 266, 268, 270, 273 and 279.
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North Carolina
North Carolina initially received final authorization on December 14, 1984, effective December 31, 1984 (49 FR 48694) to implement its base hazardous waste management program. North Carolina most recently received authorization for revisions to its program on October 23, 1998, effective December 22, 1998, (63 FR 56834). On December 28, 1998 and February 23, 1999, North Carolina submitted final complete program revision applications, seeking authorization of its program revision in accordance with 40 CFR 271.21. The EPA reviewed North Carolina's applications, and now makes an immediate final decision, subject to receipt of adverse written comment, that North Carolina's hazardous waste program revision satisfies all of the requirements necessary to qualify for Final Authorization. Consequently, EPA intends to grant North Carolina Final Authorization for the program modifications contained in the revision.
North Carolina is today seeking authority to administer the following Federal requirements promulgated between July 1, 1995, through June 30, 1997.
Federal requirement
Federal Register
Analogous State authority \1\
Liquids in Landfills III Checklist 60 FR 35703 7/11/95.................... NCGS Sec. 130A-294(c)(7), NCGS 145.
Sec. 130A-294(c)(15), NCGS Sec. 130A-295.03, NCGS Sec. 150B-21.6, 15A NCAC 13A .0109(o), 15A NCAC 13A .0110(n). RCRA Expanded Public Participation 12/11/95 60 FR 63417................... NCGS Sec. 130A-294(c)(7), NCGS Checklist 148.
Sec. 130A-294(c)(14), NCGS Sec. 130A-294(c)(15), NCGS Sec. 130A- 294(d), NCGS Sec. 130A-294(f), NCGS Sec. 130A-294(g), NCGS Sec. 130A-294(o), NCGS Sec. 150B-21.6, 15A NCAC 13A .0105(b), 15A NCAC 13A .0113(a), 15A NCAC 13A .0113(b), 15A NCAC 13A .0113(f), 15A NCAC 13A .0113(i). Amendments to the Definition of 3/26/96 61 FR 13103.................... NCGS Sec. 130A-294(c)(1), NCGS Solid Waste; Amendment II
Sec. 130A-294(c)(15), NCGS Sec. Checklist 150.
150B-21.6, 15A NCAC 13A .0106(a). Land Disposal Restrictions Phase 4/8/96 61 FR 15566, 4/8/96 61 FR 15660, NCGS Sec. 130A-294(c)(7), NCGS III--Decharacterized Wastewaters, 4/30/96 61 FR 19117, 6/28/96 61 FR Sec. 130A-294(c)(15), NCGS Sec. Carbamate Wastes, and Spent
33680, 7/10/96 61 FR 36419, 8/26/98 61 130A-294(h)(2), NCGS Sec. 150B- Potliners Checklist 151.
FR 43924, 2/19/97 62 FR 7502.
21.6, 15A NCAC 13A .0112(a), 15A NCAC 13A .0112(b), 15A NCAC 13A .0112(c), 15A NCAC 13A .0112(e). Conditionally Exempt Small
7/1/96 61 FR 34252..................... NCGS Sec. 130A-294(c)(1), NCGS Quantity Generator Disposal
Sec. 130A-294(c)(15), 15A NCAC Options under Subtitle D
13A .0106(a). Checklist 153. Consolidated Organic Air Emission 12/6/94 59 FR 62896, 5/9/95 60 FR
NCGS Sec. 130A-294(c)(7), NCGS Standards for Tanks, Surface
26828, 9/29/95 60 FR 50430, 11/13/95 Sec. 130A-294(c)(14), NCGS Sec. Impoundments, and Containers
60 FR 56952, 2/9/96 61 FR 4903, 6/5/96 130A-294(c)(15), 15A NCAC 13A Checklist 154.
61 FR 28508, 11/25/96 61 FR 59932. .0101(e), 15A NCAC 13A .0106(a), 15A NCAC 13A .0107(c), 15A NCAC 13A .0109(c), 15A NCAC 13A .0109(f), 15A NCAC 13A .0109(j), 15A NCAC 13A .0109(k), 15A NCAC 13A .0109(l)(1), 15A NCAC 13A .0109(u), 15A NCAC 13A .0109(v), 15A NCAC 13A .0109(w), 15A NCAC 13A .0109(x), 15A NCAC 13A .0110(a), 15A NCAC 13A .0110(b), 15A NCAC 13A .0110(e), 15A NCAC 13A .0110(i), 15A NCAC 13A .0110(j), 15A NCAC 13A .0110(k), 15A NCAC 13A .0110(s), 15A NCAC 13A .0110(t), 15A NCAC 13A .0110(u), 15A NCAC 13A .0110(w), 15A NCAC 13A .0113(a), 15A NCAC 13A .0113(b). Land Disposal restrictions Phase 1/14/97 62 FR 1992..................... NCGS Sec. 130A-294(c)(7), NCGS III--Emergency Extension of the
Sec. 130A-294(c)(15), NCGS Sec. KO88 Capacity Variance Checklist
130A-294(h)(2), 15A NCAC 13A 155.
.0112(b). Land Disposal restrictions Phase 5/12/97 62 FR 25998.................... NCGS Sec. 130A-294(c)(1), NCGS IV--Treatment Standards for Wood
Sec. 130A-294(c)(7), NCGS Sec. Preserving Waste, Paperwork
130A-294(c)(15), NCGS Sec. 130A- Reduction and Streamlining
294(h)(2), 15A NCAC 13A .0106(a), Checklist 157.
15A NCAC 13A .0112(a), 15A NCAC 13A .0112(b), 15A NCAC 13A .0112(c), 15A NCAC 13A .0112(e). Testing and Monitoring Activities 6/13/97 62 FR 32452.................... NCGS Sec. 130A-294(c)(7), NCGS Amendment III Checklist 158.
Sec. 130A-294(c)(11), NCGS Sec. 130A-294(c)(15), 15A NCAC 13A .0101(e), 15A NCAC 13A .0109(v), 15A NCAC 13A .0109(w), 15A NCAC 13A .0109(z), 15A NCAC 13A .0110(s), 15A NCAC 13A .0110(t), 15A NCAC 13A .0111(d), 15A NCAC 13A .0111(e). Conformance with the Carbamate 6/17/97 62 FR 32974.................... NCGS Sec. 130A-294(c)(1), NCGS Vacatur Checklist 159.
Sec. 130A-294(c)(1)(a), NCGS Sec. 130A-294(c)(7), NCGS Sec. 130A- 294(c)(15), NCGS Sec. 130A- 294(h)(2), 15A NCAC 13A .0106(d), 15A NCAC 13A .0106(e), 15A NCAC 13A .0112(b), 15A NCAC 13A .0112(c).
\1\ The North Carolina provisions are from the North Carolina Administrative Code, August 14, 1998, unless otherwise stated.
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EPA shall administer any RCRA hazardous waste permits, or portions of permits that contain conditions based upon the Federal program provisions for which the State is applying for authorization and which were issued by EPA prior to the effective date of this authorization. EPA will suspend issuance of any further permits under the provisions for which the State is being authorized on the effective date of this authorization.
North Carolina is not authorized to operate the federal program on Indian lands. This authority remains with EPA unless provided otherwise in a future statute or regulation.
EPA is publishing this rule without prior proposal because we view this as a noncontroversial program revision and do not anticipate adverse comment. However in the ``Proposed Rules'' section of today's Federal Register, we are publishing a separate document that will serve as the proposal to authorize the revision if we receive adverse comments. This authorization will become effective without further notice on October 25, 1999, unless EPA receives adverse comment by September 24, 1999. Should EPA receive such comments it will publish a timely withdrawal informing the public that the rule will not take effect. We will address all public comments in a subsequent final action based on the proposed rule. EPA may not provide additional opportunity for comment. Any parties interested in commenting must do so at this time.
The public may submit written comments on EPA's immediate final decision until September 24, 1999. Copies of North Carolina's applications for program revision are available for inspection and copying at the locations indicated in the ADDRESSES section of this document. The ADDRESSES section also indicates where to send written comments on this action.
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Decision
I conclude that North Carolina's applications for program revision authorization meet all of the statutory and regulatory requirements established by RCRA. Accordingly, EPA grants North Carolina Final Authorization to operate its hazardous waste program as revised. North Carolina now 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 applications, subject to the limitations of the HSWA. North Carolina also has primary enforcement responsibilities, although EPA retains the right to conduct inspections under section 3007 of RCRA, and to take enforcement actions under sections 3008, 3013 and 7003 of RCRA.
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Codification in Part 272
The EPA uses 40 CFR part 272 for codification of the decision to authorize North Carolina's program and for incorporation by reference of those provisions of its statutes and regulations that EPA will enforce under sections 3008, 3013 and 7003 of RCRA. EPA reserves amendment of 40 CFR part 272, Subpart II until a later date.
Unfunded Mandates Reform Act
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Pub. L. 104-4, establishes requirements for Federal agencies to assess the effects of their regulatory actions on State, local, and tribal governments and the private sector. Under section 202 of the UMRA, EPA generally must prepare a written statement, including a cost-benefit analysis, for proposed and final rules with ``Federal mandates'' that may result in expenditures to State, local, and tribal governments, in the aggregate, or to the private sector, of $100 million or more in any one year. Before promulgating an EPA rule for which a written statement is needed, section 205 of the UMRA generally requires EPA to identify and consider a reasonable number of regulatory alternatives and adopt the least costly, most cost-effective or least burdensome alternative that achieves the objectives of the rule. The provisions of section 205 do not apply when they are inconsistent with applicable law. Moreover, section 205 allows EPA to adopt an alternative other than the least costly, most cost-effective or least burdensome alternative if the Administrator publishes with the final rule an explanation why that alternative was not adopted. Before EPA establishes any regulatory requirements that may significantly or uniquely affect small governments, including tribal governments, it must have developed under section 203 of the UMRA a small government agency plan. The plan must provide for notifying potentially affected small governments, enabling officials of affected small governments to have meaningful and timely input in the development of EPA regulatory proposals with significant Federal intergovernmental mandates, and informing, educating, and advising small governments on compliance with the regulatory requirements.
EPA has determined that section 202 and 205 requirements do not apply to today's action because this rule does not contain a Federal mandate that may result in annual expenditures of $100 million or more for State, local, and/or tribal governments in the aggregate, or the private sector. Costs to State, local and/or tribal governments already exist under the North Carolina program, and today's action does not impose any additional obligations on regulated entities. In fact, EPA's approval of State programs generally may reduce, not increase, compliance costs for the private sector. Further, as it applies to the State, this action does not impose a Federal intergovernmental mandate because UMRA does not include duties arising from participation in a voluntary federal program.
The requirements of section 203 of UMRA also do not apply to today's action because this rule contains no regulatory requirements that might significantly or uniquely affect small governments. Although small governments may be hazardous waste generators, transporters, or own and/or operate TSDFs, they are already subject to the regulatory requirements under the existing State laws that are being authorized by EPA, and, thus, are not subject to any additional significant or unique requirements by virtue of this program approval.
Certification Under the Regulatory Flexibility Act
Pursuant to the Regulatory Flexibility Act (5 U.S.C. 601 et seq., as amended by the Small Business Regulatory Enforcement Fairness Act of 1996), whenever an agency is required to publish a notice of rulemaking for any proposed or final rule, it must prepare and make available for public comment a regulatory flexibility analysis that describes the effect of the rule on small entities (i.e., small businesses, small organizations, and small governmental jurisdictions). This analysis is unnecessary, however, if the agency's administrator certifies that the rule will not have a significant economic impact on a substantial number of small entities.
The EPA has determined that this authorization will not have a significant economic impact on a substantial number of small entities. Such small entities which are hazardous waste generators, transporters, or which own and/or operate TSDFs are already subject to the regulatory requirements under the existing State laws that are now being authorized by EPA. The EPA's authorization does not impose any significant additional burdens on these small entities. This is because EPA's authorization would simply result in an administrative change, rather than a change in the substantive
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requirements imposed on these small entities.
Pursuant to the provision at 5 U.S.C. 605(b), the Agency hereby certifies that this authorization will not have a significant economic impact on a substantial number of small entities. This authorization approves regulatory requirements under existing State law to which small entities are already subject. It does not impose any new burdens on small entities. This rule, therefore, does not require a regulatory flexibility analysis.
Submission to Congress and the Comptroller General
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. The EPA will submit a report containing this rule 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 of the rule in today's Federal Register. This rule is not a ``major rule'' as defined by 5 U.S.C. 804(2).
Compliance With Executive Order 12866
The Office of Management and Budget has exempted this rule from the requirements of Executive Order 12866.
Compliance With Executive Order 12875
Under Executive Order 12875, EPA may not issue a regulation that is not required by statute and that creates a mandate upon a State, local or tribal government, unless the Federal government provides the funds necessary to pay the direct compliance costs incurred by those governments, or EPA consults with those governments. If EPA complies with consulting, Executive Order 12875 requires EPA to provide to the Office of Management and Budget a description of the extent of EPA's prior consultation with representatives of affected State, local and tribal governments, the nature of their concerns, copies of any written communications from the governments, and a statement supporting the need to issue the regulation. In addition, Executive Order 12875 requires EPA to develop an effective process permitting elected officials and other representatives of State, local and tribal governments ``to provide meaningful and timely input in the development of regulatory proposals containing significant unfunded mandates.''
This rule does not create a mandate on State, local or tribal governments. The rule does not impose any enforceable duties on these entities. The State administers its hazardous waste program voluntarily, and any duties on other State, local or tribal governmental entities arise from that program, not from this action. Accordingly, the requirements of Executive Order 12875 do not apply to this rule.
Compliance With Executive Order 13045
Executive Order 13045, ``Protection of Children from Environmental Health Risks and Safety Risks,'' applies to any rule that: (1) The Office of Management and Budget determines is ``economically significant'' as defined under Executive Order 12866, and (2) concerns an environmental health or safety risk that EPA has reason to believe may have a disproportionate effect on children. If the regulatory action meets both criteria, the Agency must evaluate the environmental health or safety effects of the planned rule on children and explain why the planned regulation is preferable to other potentially effective and reasonably feasible alternatives considered by the Agency.
This rule is not subject to E.O. 13045 because it is not an economically significant rule as defined by E.O. 12866, and because it does not involve decisions based on environmental health or safety risks.
Compliance With Executive Order 13084
Under Executive Order 13084, EPA may not issue a regulation that is not required by statute, that significantly or uniquely affects the communities of Indian tribal governments, and that imposes substantial direct compliance costs on those communities, unless the Federal government provides the funds necessary to pay the direct compliance costs incurred by the tribal governments, or EPA consults with those governments. If EPA complies with consulting, Executive Order 13084 requires EPA to provide to the Office of Management and Budget, in a separately identified section of the preamble to the rule, a description of the extent of EPA's prior consultation with representatives of affected tribal governments, a summary of the nature of their concerns, and a statement supporting the need to issue the regulation. In addition, Executive Order 13084 requires EPA to develop an effective process permitting elected officials and other representatives of Indian tribal governments ``to provide meaningful and timely input in the development of regulatory policies on matters that significantly or uniquely affect their communities.''
This rule is not subject to E.O. 13084 because it does not significantly or uniquely affect the communities of Indian tribal governments. North Carolina is not authorized to implement the RCRA hazardous waste program in Indian country. This action has no effect on the hazardous waste program that EPA implements in Indian country within the State.
Paperwork Reduction Act
Under the Paperwork Reduction Act, 44 U.S.C. 3501 et seq., Federal agencies must consider the paperwork burden imposed by any information request contained in a proposed rule or a final rule. This rule will not impose any information requirements upon the regulated community.
National Technology Transfer and Advancement Act
Section 12(d) of the National Technology Transfer and Advancement Act of 1995 (``NTTAA''), Pub. L. 104-113, Sec. 12(d) (15 U.S.C. 272 note) directs EPA to use voluntary consensus standards in its regulatory activities unless to do so would be inconsistent with applicable law or otherwise impractical. Voluntary consensus standards are technical standards (e.g., materials specifications, test methods, sampling procedures, and business practices) that are developed or adopted by voluntary consensus standards bodies. The NTTAA directs EPA to provide Congress, through OMB, explanations when the Agency decides not to use available and applicable voluntary consensus standards.
This action does not involve technical standards. Therefore, EPA did not consider the use of any voluntary consensus standards.
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, Water pollution control, Water supply.
Authority: This action is issued under the authority of Sections 2002(a), 3006 and 7004(b) of the Solid Waste Disposal Act as amended 42 U.S.C. 6912(a), 6926, 6974(b).
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Dated: August 13, 1999. A. Stanley Meiburg, Acting Regional Administrator, Region 4.
[FR Doc. 99-21825Filed8-24-99; 8:45 am]
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