North Carolina; Final Authorization of Revisions to State Hazardous Waste Management Program

A. 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.

B. North Carolina

North Carolina initially received final authorization for its base RCRA program effective on December 31, 1984. North Carolina most recently received authorization for revisions to its program on June 24, 1996, (61 FR 18284). On August 7, 1997, North Carolina submitted a final, complete program revision application for RCRA Cluster V, seeking authorization of its program revision in accordance with 40 CFR 271.21. The EPA reviewed North Carolina's application, 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 Final Authorization for the program modifications contained in North Carolina's program revision application. The public may submit written comments on EPA's final decision until November 23, 1998. Copies of North Carolina's application for program revision are available for inspection and copying at the locations indicated in the ADDRESSES section of this document. If EPA does not receive adverse written comment pertaining to North Carolina's program revision by the end of the comment period, the authorization of North Carolina's revision will become effective on December 22, 1998. If the Agency does receive adverse written comment, it will publish a document withdrawing this immediate final rule before its effective date. EPA will then address the comments in a later final rule based on the companion document appearing in the Proposed Rules section of today's Federal Register. EPA may not provide additional opportunity for comment. Any parties interested in commenting should do so at this time. North Carolina is today seeking authority to administer the following Federal requirements promulgated between July 1, 1994, through June 30, 1995.

---------------------------------------------------------------------------------------------------------------- FR Checklist Federal requirement promulgation HSWA or FR reference State authority date ---------------------------------------------------------------------------------------------------------------- 135.................. Recovered Oil 7/28/94 59 FR 38536 NCGS Sec. 130A- Exclusion. 294(c)(1). NCGS Sec. 130A- 294(c)(15). NCGS Sec. 150B-21.6. 15A NCAC 13A .0106(a). 15A NCAC 13A .0111(e). 136.................. Removal of Conditional 8/24/94 59 FR 43396 NCGS Sec. 130A- Exemption. 294(c)(7). NCGS Sec. 130A- 294(c)(15). NCGS Sec. 130A- 294(h)(2). NCGS Sec. 150B-21.6. 15A NCAC 13A .0111(a). 15A NCAC 13A .0112(c).

137.................. Universal Treatment 9/19/94 59 FR 47982 NCGS Sec. 130A- Standards and 1/3/94 60 FR 242 294(c)(1). Treatment Standards NCGS Sec. 130A- for Organic 294(c)(7). Characteristic Wastes NCGS Sec. 130A- and Newly Listed 294(c)(15). Wastes. NCGS Sec. 130A- 294(h)(2). NCGS Sec. 150B-21.6. 15A NCAC 13A .0103(b). 15A NCAC 13A .0106(a). 15A NCAC 13A .0111(a). 15A NCAC 13A .0111(e). 15A NCAC 13A .0111(f). 15A NCAC 13A .0109(b). 15A NCAC 13A .0110(a). 15A NCAC 13A .0112(a). 15A NCAC 13A .0112(b). 15A NCAC 13A .0112(c). 15A NCAC 13A .0112(e). 139.................. Testing and Monitoring 1/13/95 60 FR 3089 NCGS Sec. 130A- Activities Amendment 294(c)(1). I. NCGS Sec. 130A- 294(c)(1)(a). NCGS Sec. 130A- 294(c)(15). NCGS Sec. 150B-21.6. 15A NCAC 13A .0106(a). 15A NCAC 13A .0111(e). 140.................. Carbamate Production 2/9/95 60 FR 7824 NCGS Sec. 130A- Identification and 4/17/95 60 FR 19165 294(c)(1). Listing of Hazardous 5/12/95 60 FR 25619 NCGS Sec. 130A- Waste. 294(c)(1)(a). NCGS Sec. 130A- 294(c)(15). NCGS Sec. 150B-21.6/ 15A NCAC 13A .0106(a). 15A NCAC 13A .0106(e). 15A NCAC 13A .0106(d). 141.................. Testing and Monitoring 4/4/95 60 FR 17001 NCGS Sec. 130A- Activities Amendment 294(c)(1). II. NCGS Sec. 130A- 294(c)(1)(a). NCGS Sec. 130A- 294(c)(15). NCGS Sec. 150B-21.6. 15A NCAC 13A .0101(e). 142A................. Universal Waste Rule: 5/11/95 60 FR 25492 NCGS Sec. 130A- General Provisions. 294(c)(1). NCGS Sec. 130A- 294(c)(2)-(7). NCGS Sec. 130A- 294(c)(11)-(12). NCGS Sec. 130A- 294(c)(14)-(15). NCGS Sec. 130A- 294(d). NCGS Sec. 130A- 294(h)(2). NCGS Sec. 130A-18. NCGS Sec. 130A-19. NCGS Sec. 130A-20. NCGS Sec. 130A-303. NCGS Sec. 150B-21.6. 15A NCAC 13A .0102(b). 15A NCAC 13A .0106(a). 15A NCAC 13A .0107(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)- (f).

142B................. Universal Waste Rule: 5/11/95 60 FR 25492 NCGS Sec. 130A- Specific Provisions 294(c)(1). for Batteries. NCGS Sec. 130A- 294(c)(2)-(7). NCGS Sec. 130A- 294(c)(11)-(12). NCGS Sec. 130A- 294(c)(14)-(15). NCGS Sec. 130A- 294(d). NCGS Sec. 130A- 294(h)(2). NCGS Sec. 130A-18. NCGS Sec. 130A-19. NCGS Sec. 130A-20. NCGS Sec. 130A-303. NCGS Sec. 150B-21.6. 15A NCAC 13A .0102(b). 15A NCAC 13A .0106(a). 15A NCAC 13A .0109(b). 15A NCAC 13A .0110(a). 15A NCAC 13A .0111(d). 15A NCAC 13A .0112(a). 15A NCAC 13A .0113(a). 15A NCAC 13A .0119(a). 15A NCAC 13A .0119(b). 15A NCAC 13A .0119(c). 142C................. Universal Waste Rule: 5/11/95 60 FR 25492 NCGS Sec. 130A- Specific Provisions 294(c)(1). for Pesticides. NCGS Sec. 130A- 294(c)(2)-(7). NCGS Sec. 130A- 294(c)(11)-(12). NCGS Sec. 130A- 294(c)(14)-(15). NCGS Sec. 130A- 294(d). NCGS Sec. 130A- 294(h)(2). NCGS Sec. 130A-18. NCGS Sec. 130A-19. NCGS Sec. 130A-20. NCGS Sec. 130A-303. NCGS Sec. 150B-21.6. NCGS Sec. 143-441. 15A NCAC 13A .0102(b). 15A NCAC 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). 15A NCAC 13A .0119(b). 15A NCAC 13A .0119(c). 2 NCAC 9L .0600. 142D................. Universal Waste Rule: 5/11/95 60 FR 25492 NCGS Sec. 130A- Specific Provisions 294(c)(1). for Thermostats. NCGS Sec. 130A- 294(c)(2)-(7). NCGS Sec. 130A- 294(c)(11)-(12). NCGS Sec. 130A- 294(c)(14)-(15). NCGS Sec. 130A- 294(d). NCGS Sec. 130A- 294(h)(2). NCGS Sec. 130A-18. NCGS Sec. 130A-19. NCGS Sec. 130A-20. NCGS Sec. 130A-303. NCGS Sec. 150B-21.6. 15A NCAC 13A .0102(b). 15A NCAC 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). 15A NCAC 13A .0119(b). 15A NCAC 13A .0119(c).

142E................. Universal Waste Rule: 5/11/95 60 FR 25492 NCGS Sec. 130A- Petition Provisions 294(c)(1). to Add a New NCGS Sec. 130A- Universal Waste. 294(c)(2)-(7). NCGS Sec. 130A- 294(c)(11)-(12). NCGS Sec. 130A- 294(c)(14)-(15). NCGS Sec. 130A- 294(d). NCGS Sec. 130A-18. NCGS Sec. 130A-19. NCGS Sec. 130A-20. NCGS Sec. 130A-303. NCGS Sec. 150B-21.6. NCGS Sec. 150B-20. 15A NCAC 13A .0103(a). 15A NCAC 13A .0103(b). 15A NCAC 13A .0119(g) 15A NCAC 13A .0101. 144.................. Removal of Legally 6/29/95 60 FR 33915 NCGS Sec. 130A- Obsolete Rules. 294(c)(1). NCGS Sec. 130A- 294(c)(1a). NCGS Sec. 130A- 294(c)(7). NCGS Sec. 130A- 294(c)(14)-(15). NCGS Sec. 130A- 294(h)(2). NCGS Sec. 130A-17. NCGS Sec. 130A-18. NCGS Sec. 130A-19. NCGS Sec. 130A-20. NCGS Sec. 130A-23. NCGS Sec. 130A-303. NCGS Sec. 130A-304. NCGS Sec. 150B-21.6. 15A NCAC 13A .0106(d). 15A NCAC 13A .0111(e). 15A NCAC 13A .0113(a). 15A NCAC 13A .0113(b). ----------------------------------------------------------------------------------------------------------------

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. The State of North Carolina's Hazardous Waste Management Program is not being authorized to operate in Indian Country.

C. Decision

I conclude that North Carolina's application for program revision authorization meets 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 application, 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.

Unfunded Mandates Reform Act

Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), P.L. 104-4, establishes requirements for Federal agencies to assess the effects of certain regulatory actions on State, local, and tribal governments and the private sector. Under sections 202 and 205 of the UMRA, EPA generally must prepare a written statement of economic and regulatory alternatives analyses for proposed and final rules with Federal mandates, as defined by the UMRA, 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. 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's 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. Before EPA establishes any regulatory requirements that may significantly or uniquely affect small governments, including tribal governments, section 203 of the UMRA requires EPA to develop a small government agency plan. 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 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 submitted 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 today's action. Accordingly, the requirements of Executive Order 12875 do not apply to this rule.

Compliance With Executive Order 13045

Executive Order 13045 applies to any rule that the Office of Management and Budget determines is economically significant as defined under Executive Order 12866, and that EPA determines that the environmental health or safety risk addressed by the rule has 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. The Agency has determined that the final rule is not a covered regulatory action as defined in the Executive Order because it is not economically significant and does not address environmental health and safety risks. As such, the final rule is not subject to the requirements of Executive Order 13045.

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 the 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), Public Law No. 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, Incorporation by reference, Indian lands, Intergovernmental relations, Penalties, Reporting and record keeping requirements, Water pollution control, Water supply.

Authority: This notice 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).

Dated: August 27, 1998. Michael V. Peyton, Acting Regional Administrator, Region 4. [FR Doc. 98-28490 Filed 10-22-98; 8:45 am] BILLING CODE 6560-50-P