[Federal Register Volume 89, Number 135 (Monday, July 15, 2024)]
[Rules and Regulations]
[Pages 57364-57367]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-15117]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 271
[EPA-R04-RCRA-2024-0116; FRL-11972-02-R4]
North Carolina: Final Authorization of State Hazardous Waste
Management Program Revisions
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final action.
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SUMMARY: The Environmental Protection Agency (EPA) is taking direct
final action on the authorization of changes to North Carolina's
hazardous waste program under the Resource Conservation and Recovery
Act (RCRA), as amended. These changes were outlined in a June 26, 2023,
application to the EPA. We have determined that these changes satisfy
all requirements needed for final authorization.
DATES: This authorization is effective on September 13, 2024 without
further notice unless the EPA receives adverse comment by August 14,
2024. If the EPA receives adverse comment, we will publish a timely
withdrawal of this direct final action in the Federal Register
informing the public that the authorization will not take effect.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
RCRA-2024-0116, at https://www.regulations.gov. Follow the online
instructions for submitting comments. Once submitted, comments cannot
be edited or removed from www.regulations.gov. The 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. The 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://www.epa.gov/dockets/commenting-epa-dockets.
The EPA encourages electronic submittals and lists all publicly
available docket materials electronically at www.regulations.gov. If
you are unable to make electronic submittals or require alternative
access to docket materials, please notify Leah Davis through the
provided contacts in the FOR FURTHER INFORMATION CONTACT section.
Please also contact Leah Davis if you need assistance in a language
other than English or if you are a person with disabilities who needs a
reasonable accommodation at no cost to you.
FOR FURTHER INFORMATION CONTACT: Leah Davis; RCRA Programs and Cleanup
Branch; Land, Chemicals and Redevelopment Division; U.S. Environmental
Protection Agency; Atlanta Federal Center, 61 Forsyth Street SW,
Atlanta, Georgia 30303-8960; telephone number: (404) 562-8562; fax
number: (404) 562-9964; email address: [email protected].
SUPPLEMENTARY INFORMATION:
I. Why is the EPA using a direct final action?
The EPA is publishing this action without a prior proposed rule
because we view this as a noncontroversial action and anticipate no
adverse comment. This action is a routine program change. However, in
the ``Proposed Rules'' section of this issue of the Federal Register,
we are publishing a separate document that will serve as the proposed
rule allowing the public an opportunity to comment. We will not
institute a second comment period on this action. Any parties
interested in commenting must do so at this time. For further
information about commenting on this action, see the ADDRESSES section
of this document.
If the EPA receives comments that oppose this authorization, we
will withdraw this action by publishing a document in the Federal
Register before the action becomes effective. The EPA will base any
further decision on the authorization of the State's program changes on
the proposal mentioned in the previous paragraph. We will then address
all public comments in a later final action.
II. Why are revisions to State programs necessary?
States that have received final authorization from the 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 the 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 the EPA's regulations in title 40 of the Code of
Federal Regulations (CFR), parts 124, 260 through 268, 270, 273, and
279.
New Federal requirements and prohibitions imposed by Federal
regulations that the EPA promulgates pursuant to the Hazardous and
Solid Waste Amendments of 1984 (HSWA) take effect in authorized states
at the same time they take effect in unauthorized States. Thus, the EPA
will implement those requirements and prohibitions in North Carolina,
including the issuance of new permits implementing those requirements,
until
[[Page 57365]]
the State is granted authorization to do so.
III. What decisions has the EPA made in this action?
North Carolina submitted a complete program revision application
(PRA), dated June 26, 2023, seeking authorization of changes to its
hazardous waste program corresponding to certain Federal rules
promulgated between October 27, 1987, and October 1, 2021 (including
HSWA Cluster \1\ II (Checklists \2\ 39.1, 50.1, and 66.1), RCRA Cluster
IV (Checklist 126.1), RCRA Cluster VI (Checklist 152), RCRA Cluster
VIII (Checklist 167C.1), RCRA Cluster XIX (Checklists 219 and 221 \3\),
RCRA Cluster XX (Checklist 224 \3\), RCRA Cluster XXVII (Checklists 240
and 241), RCRA Cluster XXVIII (Checklist 242), RCRA Cluster XXIX
(Checklist 243), and Cluster XXX (Checklist 244). The EPA concludes
that North Carolina's application 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, the EPA grants North Carolina final
authorization to operate its hazardous waste program with the changes
described in the PRA, and as outlined below in Section VI of this
document.
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\1\ A ``cluster'' is a grouping of hazardous waste rules that
the EPA promulgates from July 1st of one year to June 30th of the
following year.
\2\ A ``checklist'' is developed by the 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.
\3\ Although the State requested authorization for Checklists
221 and 224 in its PRA, the EPA is not authorizing North Carolina
for these two checklists because they correspond to Federal rules
that have been vacated. This vacatur was documented in Checklist
234. The EPA previously authorized North Carolina for Checklist 234
on October 10, 2019 (84 FR 54516).
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North Carolina has responsibility for permitting treatment,
storage, and disposal facilities within its borders (except in Indian
country, as defined at 18 U.S.C. 1151) and for carrying out the aspects
of the RCRA program described in its PRA, subject to the limitations of
HSWA, as discussed above.
IV. What is the effect of this authorization decision?
The effect of this decision is that the changes described in North
Carolina's PRA 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. The EPA will 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 does not impose additional requirements on the
regulated community because the regulations for which the EPA is
authorizing North Carolina are already effective under State law and
are not changed by this action.
V. 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. The 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); August 24, 2015, effective October 23, 2015 (80 FR 51141); and
August 23, 2019, Effective October 10, 2019 (84 FR 54516).
VI. What changes is the EPA authorizing with this action?
North Carolina submitted a complete PRA, dated June 26, 2023,
seeking authorization of changes to its hazardous waste management
program in accordance with 40 CFR 271.21. This application included
changes associated with Checklists 39.1, 50.1, 66.1, 126.1, 152,
167C.1, 219, and 240 through 244 from HSWA Cluster II and RCRA Clusters
IV, VI, VIII, XIX, and XXVII through XXX. The EPA has determined,
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, the EPA grants final authorization to
North Carolina for the following program changes:
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Description of Federal Federal Register Analogous State
requirement date and page authority \1\
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Checklist 39.1,\2\ California 52 FR 41295, 10/ 15 NCAC 13A .0101(e).
List Waste Restrictions. 27/1987.
Checklist 50.1,\2\ Land 54 FR 8264, 2/27/ 15A NCAC 13A
Disposal Restrictions for 1989. .0112(b).
First Third Scheduled Wastes.
Checklist 66.1,\2\ Land 55 FR 23935, 6/13/ 15A NCAC 13A
Disposal Restrictions; 1990. .0112(a).
Corrections to the First
Third Scheduled Wastes.
Checklist 126.1,\2\ Testing 59 FR 47980, 9/19/ 15A NCAC 13A
and Monitoring Activities. 1994. .0112(a).
Checklist 152,\3\ Imports and 61 FR 16290, 4/12/ 15A NCAC 13A
Exports of Hazardous Waste: 1996. .0102(b); 15A NCAC
Implementation of OECD 13A .0106(a); 15A
Council Decision. NCAC 13A .0107(a)
and (f); 15A NCAC
13A .0108(a)-(d),
15A NCAC 13A
.0109(c) and (f);
15A NCAC 13A
.0110(b) and (e);
15A NCAC 13A
.0111(b); 15A NCAC
13A .0119(b), (c),
(d) and (f).
Checklist 167C.1,\2\ Land 63 FR 31266, 6/8/ 15A NCAC 13A
Disposal Restrictions Phase 1998. .0112(f).
IV--Corrections.
[[Page 57366]]
Checklist 219,\4\ Revisions to 73 FR 64668, 10/ 15A NCAC 13A
the Definition of Solid 30/2008. .0102(b); 15A NCAC
Waste, as amended by 13A .0103(c); 15A
Checklist 233 (2015 and 2018). NCAC 13A .0106(a)
and (f); 15A NCAC
13A .0113(g).
Checklist 240, Safe Management 83 FR 61552, 11/ 15A NCAC 13A
of Recalled Airbags. 30/2018. .0102(b); 15A NCAC
13A .0106(a); 15A
NCAC 13A .0107(a).
Checklist 241, Management 84 FR 5816, 2/22/ 15A NCAC 13A .0106(a)
Standards for Hazardous Waste 2019. and (d); 15A NCAC
Pharmaceuticals and Amendment 13A .0107(a); 15A
to the P075 Listing for NCAC 13A .0109(b);
Nicotine. 15A NCAC 13A
.0110(a); 15A NCAC
13A .0111(g); 15A
NCAC 13A .0112(a)
and (e); 15A NCAC
13A .0113(a); 15A
NCAC 13A .0119(g)
and (g)(1).
Checklist 242, Universal Waste 84 FR 67202, 12/9/ 15A NCAC 13A
Regulations: Addition of 2019. .0102(b); 15A NCAC
Aerosol Cans. 13A .0106(a); 15A
NCAC 13A .0109(b);
15A NCAC 13A
.0110(a); 15A NCAC
13A .0112(a); 15A
NCAC 13A .0113(a);
15A NCAC 13A
.0119(a)-(c).
Checklist 243, Modernizing 85 FR 40594, 7/7/ 15A NCAC 13A
Ignitable Liquids 2020. .0101(e); 15A NCAC
Determinations. 13A .0106(c) and
(m).
Checklist 244, Canada Import 86 FR 54381, 10/1/ 15A NCAC 13A
Export Recovery and Disposal 2021. .0107(f); 15A NCAC
Code Changes. 13A .0109(c); 15A
NCAC 13A .0110(b).
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Notes
\1\ The North Carolina regulatory citations are from the North Carolina
Administrative Code (NCAC), effective August 6, 2020.
\2\ Checklists 39.1, 50.1, 66.1, 126.1, and 167C.1 amended the
underlying Federal rules. North Carolina properly adopted the required
changes made by the underlying Federal rules and was previously
authorized for those changes.
\3\ Most of the provisions contained in Checklist 152 were amended or
removed by subsequent checklists, for which the EPA has previously
authorized North Carolina.
\4\ The EPA authorized North Carolina for Checklist 233, Revisions to
the Definition of Solid Waste, Response to Vacatur of Certain
Provisions of the Definition of Solid Waste Rule, on October 10, 2019
(84 FR 54516). Checklist 233 included certain provisions from
Checklist 219, the 2008 Federal Revisions to the Definition of Solid
Waste Rule, as amended on January 13, 2015, and May 30, 2018. For
clarity and completeness, the EPA is authorizing Checklist 219, as
amended by Checklist 233.
VII. Where are the revised State rules different than the Federal
rules?
When revised State rules differ from the Federal rules in the RCRA
state authorization process, the EPA determines whether the State rules
are equivalent to, more stringent than, or broader in scope than the
Federal program. Pursuant to RCRA section 3009, 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. There are no State requirements in the program revisions
listed in the table above that are considered to be broader in scope
than the Federal requirements. The EPA has determined that certain
regulations included in North Carolina's program revisions listed in
the table above 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.
North Carolina's program is more stringent at 15A NCAC 13A .0108(c)
and (d), insofar as these provisions require transporters to reconcile
significant manifest discrepancies with the waste generator.
North Carolina's program is more stringent at 15A NCAC 13A
.0111(b), insofar as these provisions require off-site recycling
facilities that receive materials described in 40 CFR 266.70(a) to
label containers and tanks holding recyclable materials with the words
``Recyclable Material.''
It should be noted that States cannot receive authorization for
certain Federal regulatory functions involving international shipments
(i.e., import and export provisions) such as those associated with the
Canada Import Export Recovery and Disposal Code Changes Rule (Checklist
244) and the Imports and Exports of Hazardous Waste: Implementation of
OECD Council Decision Rule (Checklist 152). Although North Carolina has
adopted these rules to maintain its equivalency with the Federal
program, it has appropriately maintained the Federal references. See
15A NCAC 13A .0101(b).
VIII. Who handles permits after the 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. The EPA will continue to administer
any RCRA hazardous waste permits or portions of permits that the EPA
issued prior to the effective date of authorization until they expire
or are terminated. The 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. The EPA will continue to
implement, and issue permits for HSWA requirements for which North
Carolina is not yet authorized. The EPA has the authority to enforce
State-issued permits after the State is authorized.
IX. How does today's action affect Indian country in North Carolina?
North Carolina is not authorized to carry out its hazardous waste
program in Indian country within the State, which includes the Indian
lands associated with the Eastern Band of Cherokee Indians. Therefore,
this action has no effect on Indian country. The EPA retains
jurisdiction over Indian country and will continue to implement and
administer the RCRA program on these lands.
X. What is codification and is the EPA codifying North Carolina's
hazardous waste program as authorized in this action?
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. The EPA does this by adding those citations and references
to the authorized State rules in 40 CFR part 272. The EPA is not
codifying the authorization of North Carolina's revisions at this time.
However, the 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.
XI. 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 authorizes
State requirements for the purpose of RCRA section 3006 and imposes no
additional
[[Page 57367]]
requirements beyond those imposed by State law. Therefore, this action
is not subject to review by OMB. This action is not an Executive Order
14094 (88 FR 21879, April 11, 2023) regulatory action because actions
such as the 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
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 (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 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
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), the 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 the EPA,
when it reviews a State authorization application, to require the use
of any particular voluntary consensus standard in place of another
standard that otherwise satisfies the requirements of RCRA. Thus, the
requirements of section 12(d) of the National Technology Transfer and
Advancement Act of 1995 (15 U.S.C. 272 note) do not apply. As required
by section 3 of Executive Order 12988 (61 FR 4729, February 7, 1996),
in issuing this rule, the EPA has taken the necessary steps to
eliminate drafting errors and ambiguity, minimize potential litigation,
and provide a clear legal standard for affected conduct. The 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 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 authorizes 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 rule is not subject to Executive Order 12898.
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 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
final action will be effective September 13, 2024.
List of Subjects in 40 CFR Part 271
Environmental protection, Administrative practice and procedure,
Confidential business information, Hazardous waste, Hazardous waste
transportation, Indian lands, Intergovernmental relations, Penalties,
Reporting and recordkeeping requirements.
Authority: This action is issued under the authority of sections
2002(a), 3006, and 7004(b) of the Solid Waste Disposal Act as
amended, 42 U.S.C. 6912(a), 6926, and 6974(b).
Dated: June 28, 2024.
Jeaneanne Gettle,
Acting Regional Administrator, Region 4.
[FR Doc. 2024-15117 Filed 7-12-24; 8:45 am]
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