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14556 Federal Register / Vol. 70, No.

55 / Wednesday, March 23, 2005 / Rules and Regulations

* * * * * Environment and Natural Resources, C. What Is the Effect of Today’s


[FR Doc. 05–5720 Filed 3–22–05; 8:45 am] 401 Oberlin Rd., Suite 150, Raleigh, Authorization Decision?
BILLING CODE 6560–50–S North Carolina 29201, (919)733–2178; The effect of this decision is that a
and EPA Region 4, Atlanta Federal facility in North Carolina subject to
Center, Library, 61 Forsyth Street, SW., RCRA will now have to comply with the
ENVIRONMENTAL PROTECTION Atlanta, Georgia 30303; (404) 562–8190, authorized State requirements instead of
AGENCY John Wright, Librarian. the equivalent Federal requirements in
FOR FURTHER INFORMATION CONTACT: order to comply with RCRA. North
40 CFR Part 271 Thornell Cheeks, North Carolina Carolina has enforcement
[FRL–7888–3] Authorizations Coordinator, RCRA responsibilities under its State
Programs Branch, Waste Management hazardous waste program for violations
North Carolina: Final Authorization of Division, U.S. Environmental Protection of such program, but EPA retains its
State Hazardous Waste Management Agency, Atlanta Federal Center, 61 authority under RCRA sections 3007,
Program Revision Forsyth Street, SW., Atlanta, GA 30303– 3008, 3013, and 7003, which include,
AGENCY: Environmental Protection 3104; (404) 562–8479. among others, authority to:
Agency (EPA). SUPPLEMENTARY INFORMATION: • Do inspections, and require
ACTION: Immediate final rule. monitoring, tests, analyses or reports.
A. Why Are Revisions to State
• Enforce RCRA requirements and
SUMMARY: North Carolina has applied to Programs Necessary?
suspend or revoke permits.
EPA for Final authorization of the States which have received final • Take enforcement actions regardless
changes to its hazardous waste program authorization from EPA under RCRA of whether the State has taken its own
under the Resource Conservation and section 3006(b), 42 U.S.C. 6926(b), must actions.
Recovery Act (RCRA). EPA has maintain a hazardous waste program This action does not impose
determined that these changes satisfy all that is equivalent to, consistent with, additional requirements on the
requirements needed to qualify for Final and no less stringent than the Federal regulated community because the
authorization, and is authorizing the program. As the Federal program regulations for which North Carolina is
State’s changes through this immediate changes, States must change their being authorized by today’s action are
final action. EPA is publishing this rule programs and ask EPA to authorize the already effective, and are not changed
to authorize the changes without a prior changes. Changes to State programs may by today’s action.
proposal because we believe this action be necessary when Federal or State
is not controversial and do not expect statutory or regulatory authority is D. Why Wasn’t There a Proposed Rule
comments that oppose it. Unless we get modified or when certain other changes Before Today’s Rule?
written comments which oppose this occur. Most commonly, States must EPA did not publish a proposal before
authorization during the comment change their programs because of today’s rule because we view this as a
period, the decision to authorize North changes to EPA’s regulations in 40 Code routine program change and do not
Carolina’s changes to their hazardous of Federal Regulations (CFR) parts 124, expect comments that oppose this
waste program will take effect. If we get 260 through 266, 268, 270, 273 and 279. approval. We are providing an
comments that oppose this action, we opportunity for public comment now. In
will publish a document in the Federal B. What Decisions Have We Made in
addition to this rule, in the proposed
Register withdrawing this rule before it This Rule?
rules section of today’s Federal Register
takes effect and a separate document in We conclude that North Carolina’s we are publishing a separate document
the proposed rules section of this applications to revise its authorized that proposes to authorize the State
Federal Register will serve as a proposal program meets all of the statutory and program changes.
to authorize the changes. regulatory requirements established by
DATES: This Final authorization will RCRA. Therefore, we grant North E. What Happens if EPA Receives
become effective on May 23, 2005, Carolina Final authorization to operate Comments That Oppose This Action?
unless EPA receives adverse written its hazardous waste program with the If EPA receives comments that oppose
comment by April 22, 2005. If EPA changes described in the authorization this authorization, we will withdraw
receives such comment, it will publish applications. North Carolina has this rule by publishing a document in
a timely withdrawal of this immediate responsibility for permitting Treatment, the Federal Register before the rule
final rule in the Federal Register and Storage, and Disposal Facilities (TSDFs) becomes effective. EPA will base any
inform the public that this authorization within its borders (except in Indian further decision on the authorization of
will not take effect. Country) and for carrying out the the State program changes on the
ADDRESSES: Send written comments to aspects of the RCRA program described proposal mentioned in the previous
Thornell Cheeks, North Carolina in its revised program application, paragraph. We will then address all
Authorizations Coordinator, RCRA subject to the limitations of the public comments in a later final rule.
Programs Branch, Waste Management Hazardous and Solid Waste You may not have another opportunity
Division, U.S. Environmental Protection Amendments of 1984 (HSWA). New to comment. If you want to comment on
Agency, Atlanta Federal Center, 61 Federal requirements and prohibitions this authorization, you must do so at
Forsyth Street, SW., Atlanta, GA 30303– imposed by Federal regulations that this time.
3104; (404) 562–8479. You may also e- EPA promulgates under the authority of If we receive comments that oppose
mail your comments to HSWA take effect in authorized States only the authorization of a particular
Cheeks.Thornell@epa.gov or submit before they are authorized for the change to the State hazardous waste
your comments at http:// requirements. Thus, EPA will program, we will withdraw that part of
www.regulation.gov. Copies of North implement those requirements and this rule but the authorization of the
Carolina’s applications may be viewed prohibitions in North Carolina, program changes that the comments do
from 9 a.m. to 4 p.m. at the following including issuing permits, until the not oppose will become effective on the
addresses: North Carolina Department of State is granted authorization to do so. date specified above. The Federal

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Federal Register / Vol. 70, No. 55 / Wednesday, March 23, 2005 / Rules and Regulations 14557

Register withdrawal document will (59 FR 3792) effective March 28 1994, 1, 2001 through June 30, 2002,(RCRA
specify which part of the authorization April 4, 1994 (59 FR 15633) effective XII); July 1, 2002 through June 30, 2003
will become effective, and which part is June 3, 1994, June 23, 1994 (59 FR (RCRA XIII) and July 1, 2003 through
being withdrawn. 32378) effective August 22, 1994, June 30, 2004 otherwise known as
November 10, 1994 (59 FR 56000) RCRA XIV. The rule adoption for the
F. What Has North Carolina Previously
effective January 9, 1995, September 27, provisions of RCRA XI, and XII covered
Been Authorized for?
1995 (60 FR 49800) effective November in this action became effective April 10,
North Carolina initially received final 27, 1995, April 25, 1996 (61 FR 18284) 2003. The rule adoption for the
authorization on December 14, 1984, effective June 24, 1996, October 23,
effective December 31, 1984 (49 FR provisions of RCRA XIII and XIV
1998 (63 FR 56834) effective December
48694) to implement its base hazardous covered in this action became effective
22, 1998, August 25 1999 (64 FR 46298)
waste management program. We granted August 10, 2004 unless otherwise noted.
effective October 25, 1999, and February
authorization for changes on March 25, 28, 2002 (67 FR 9219) effective April 29, North Carolina Statutes at section150B–
1986 (51 FR 10211) effective April 8, 2002. North Carolina most recently 21.6 and section 130A–294 allow the
1986, August 5, 1988 (53 FR 1988) received authorization for revisions to North Carolina Department of
effective October 4, 1988, February 9, its program on February 14, 2005 (69 FR Environment and Natural Resources to
1989 (54 FR 6290) effective April 74444).] administer the rules governing
10,1989, September 22, 1989 (54 FR hazardous waste management. We now
38993) effective November 21, 1989, G. What Changes Are We Authorizing make an immediate final decision,
January 18, 1991 (56 FR 1929) effective With Today’s Action? subject to receipt of written comments
March 19, 1991, April 10, 1991 (56 FR On November 29, 2004 and January that oppose this action, that North
14474) effective June 9, 1991, July 19, 31, 2005 North Carolina submitted final Carolina’s hazardous waste program
1991 (56 FR 33206) effective September complete program revision applications, revisions satisfy all of the requirements
17, 1991, April 27, 1992 (57 FR 15254) seeking authorization of their changes in necessary to qualify for Final
effective June 26, 1992, December 12, accordance with 40 CFR 271.21. North authorization. Therefore, we grant North
1992 (57 FR 59825) effective February Carolina’s revisions consists of Carolina Final authorization for the
16, 1993, June 3, 1993 (58 FR 31474) provisions promulgated July 1, 2000 following program changes:
effective June 3, 1993, January 27, 1994 through June 30, 2001 (RCRA XI); July

Federal requirements Federal Register Analogous state authority 1

Hazardous Air Pollutant Standards: Technical 65 FR 42292–42302 ........................................ 15A NCAC 13A.0106(d),
Corrections; Checklist 188, RCRA Cluster XI, July 10, 2000 as amended May 14, 2001 15A NCAC 13A.0109(q),
Non-HSWA Provision. 66 FR 24270–24272 and July 3, 2001 66 FR 15A NCAC 13A.0113(g).
35087–35107
Chlorinated Aliphatics Listing and LDRs for 65 FR 67068–67133 ........................................ 15A NCAC 13A.0106(d),
Newly Identified Wastes; Checklist 189, November 8, 2000 15A NCAC 13A.0106(e),
RCRA Cluster XI, HSWA Provision. 15A NCAC 13A.0112(b),
15A NCAC 13A.0112(c).
Land Disposal Restrictions Phase IV—Deferral 65 FR 81373–81381 ........................................ 15A NCAC 13A.0112(b),
for PCBs in Soil; Checklist 190, RCRA Clus- December 26, 2000 15A NCAC 13A.0112(c),
ter XI, HSWA Provision. 15A NCAC 13A.0112(e).
Mixed Waste Rule; Checklist 191, RCRA Clus- 66 FR 27218—27266 ...................................... 15A NCAC 13A.0111(f).
ter XI, HSWA and Non-HSWA Provision. May 16, 2001
Mixture and Derived-From Rules Revisions; 66 FR 27266–27297 ........................................ 15A NCAC 13A.0106(a).
Checklist 192 A, RCRA Cluster XI, HSWA May 16, 2001
and Non-HSWA Provision.
Land Disposal Restrictions Correction; Check- 66 FR 27266–27297 ........................................ 15A NCAC 13A.0112(e).
list 192B, RCRA Cluster XI, HSWA. May 16, 2001
Change of Official EPA Mailing Address; 66 FR 34374–34376 ........................................ 15A NCAC 13A.0101(e).
Checklist 193, RCRA Cluster XI, HSWA/non- June 28, 2001
HSWA.
Mixture and Derived-From Rules Revision II; 66 FR 50332–50334 ........................................ 15A NCAC 13A.0106(a).
Checklist 194, RCRA XII, HSWA/Non-HSWA. October 3, 2001
Inorganic Chemical Manufacturing Wastes 66 FR 58258–58300 ........................................ 15A NCAC 13A.0106(a),
Identification and Listing; Checklist 195, November 20, 2001 15A NCAC 13A.0106(d),
RCRA XII, HSWA/Non-HSWA. 15A NCAC 13A.0106(e),
15A NCAC 13A.0112(b),
15A NCAC 13A.0112(c).
CAMU Amendments; Checklist 196, RCRA XII, 67 FR 2962–3029 ............................................ 15A NCAC 13A.0112(b),
HSWA Provision. January 22, 2002 15A NCAC 13A.0109(s).
Hazardous Air Pollutant Standards for 67 FR 6792–6818 ............................................ 15A NCAC 13A.0109(q),
Combusters; Interim Standards; Checklist February 13, 2002 15A NCAC 13A.0110(o),
197, RCRA XII, HSWA/non-HSWA Provision. 15A NCAC 13A.0111(d),
15A NCAC 13A.0113(b),
15A NCAC 13A.0113(i),
15A NCAC 13A.0113(k).
Hazardous Air Pollutant Standards for 67 FR 6968–6996 ............................................ 15A NCAC 13A.0111(d),
Combusters; Corrections; Checklist 198, February 14, 2002 15A NCAC 13A.0113(g).
RCRA XII, HSWA/non-HSWA Provision.

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14558 Federal Register / Vol. 70, No. 55 / Wednesday, March 23, 2005 / Rules and Regulations

Federal requirements Federal Register Analogous state authority 1

Vacatur of Mineral Processing Spent Materials 67 FR 11251–11254 ........................................ 15A NCAC 13A.0106(a),
being Reclaimed as Solid Wastes and TCLP March 13, 2002 15A NCAC 13A.0106(c).
Use with MGP Waste; Checklist 199, RCRA
XII, HSWA/non-HSWA Provision.
Zinc Fertilizer Rule; Checklist 200, RCRA XIII, 67 FR 48393–48415 ........................................ 15A NCAC 13A.0106(a),
HSWA/Non-HSWA. July 24, 2002 15A NCAC 13A.0111(a),
15A NCAC 13A.0112(c).
Treatment Variance for Radioactivity; Checklist 67 FR 62618—62624 ......................................
201, RCRA XIII, HSWA Provision. October 7, 2002 15A NCAC 13A.0112(c).
Hazardous Air Pollutant Standards for 67 FR 77687–77692 ........................................ 15A NCAC 13A.0113(b),
Combuster—Corrections 2; Checklist 202, December 19, 2002 15A NCAC 13A.0113(i).
RCRA XIII, HSWA Provision.
Recycled Used Oil Management Standards; 68 FR 44659–44665 ........................................ 15A NCAC 13A.0107(c).
Clarification; Checklist 203, RCRA XIV, Non- July 30, 2003
HSWA Provision.
Performance Track; Checklist 204, RCRA XIV, 69 FR 21737–21754 ........................................ 15A NCAC 13A.0106(a),
Non-HSWA Provision. April 22, 2004 15A NCAC 13A.0118(b),
69 FR 62217 15A NCAC 13A.0118(h).
October 25, 2004
NESHAP: Surface Coating of Automobiles and 69 FR 22601–22661 ........................................ 15A NCAC 13A.0109(w),
Light Duty Trucks; Checklist 205, RCRA XIV, April 26, 2004 15A NCAC 13A.0110(t).
Non-HSWA Provision.
1 The North Carolina provisions for RCRA 11 and 12 are from the North Carolina Hazardous Waste Management Rules 15A NCAC 13A, dated
April 10, 2003, unless otherwise stated. North Carolina provisions for RCRA 13 and 14 are from the North Carolina Hazardous Waste Rules 15A
NCAC 13A dated August 10, 2004 unless otherwise stated.

H. Where are the Revised State Rules comprise the State’s authorized between the national government and
Different From the Federal Rules? hazardous waste program into the Code the States, or on the distribution of
There are no State requirements that of Federal Regulations. We do this by power and responsibilities among the
are more stringent or broader in scope referencing the authorized State rules in various levels of government, as
than the Federal requirements. 40 CFR part 272. We reserve the specified in Executive Order 13132 (64
amendment of 40 CFR part 272, subpart FR 43255, August 10, 1999), because it
I. Who Handles Permits After the II for this authorization of North merely authorizes State requirements as
Authorization Takes Effect? Carolina’s program changes until a later part of the State RCRA hazardous waste
North Carolina will issue permits for date. program without altering the
all the provisions for which it is relationship or the distribution of power
L. Administrative Requirements
authorized and will administer the and responsibilities established by
permits it issues. EPA will continue to The Office of Management and Budget RCRA. This action also is not subject to
administer any RCRA hazardous waste has exempted this action from the Executive Order 13045 (62 FR 19885,
permits or portions of permits which we requirements of Executive Order 12866 April 23, 1997), because it is not
issued prior to the effective date of this (58 FR 51735, October 4, 1993), and economically significant and it does not
authorization. We will not issue any therefore this action is not subject to make decisions based on environmental
more new permits or new portions of review by OMB. This action authorizes health or safety risks. This rule is not
permits for the provisions listed in the State requirements for the purpose of subject to Executive Order 13211,
Table above after the effective date of RCRA section 3006 and imposes no ‘‘Actions Concerning Regulations That
this authorization. EPA will continue to additional requirements beyond those Significantly Affect Energy Supply,
implement and issue permits for HSWA imposed by State law. Accordingly, I Distribution, or Use’’ 66 FR 28355, May
requirements for which North Carolina certify that this action will not have a 22, 2001 because it is not a significant
is not yet authorized. significant economic impact on a regulatory action under Executive Order
substantial number of small entities 12866.
J. How Does Today’s Action Affect under the Regulatory Flexibility Act (5 Under RCRA 3006(b), EPA grants a
Indian Country (18 U.S.C. 115) in North U.S.C. 601 et seq.). Because this action State’s application for authorization as
Carolina? authorizes pre-existing requirements long as the State meets the criteria
North Carolina is authorized to carry under State law and does not impose required by RCRA. It would thus be
out its hazardous waste program in any additional enforceable duty beyond inconsistent with applicable law for
Indian Country within the State, which that required by State law, it does not EPA, when it reviews a State
includes the Cherokee Indian Nation. contain any unfunded mandate or authorization application, to require the
Therefore, this action has no effect on significantly or uniquely affect small use of any particular voluntary
Indian Country. EPA will continue to governments, as described in the consensus standard in place of another
implement and administer the RCRA Unfunded Mandates Reform Act of 1995 standard that otherwise satisfies the
program in these lands. (Public Law 104–4). For the same requirements of RCRA. Thus, the
reason, this action also does not requirements of section 12(d) of the
K. What Is Codification and Is EPA significantly or uniquely affect the National Technology Transfer and
Codifying North Carolina’s Hazardous communities of Tribal governments, as Advancement Act of 1995 (15 U.S.C.
Waste Program as Authorized in This specified by Executive Order 13175 (65 272) do not apply. As required by
Rule? FR 67249, November 9, 2000). This Section 3 of Executive Order 12988 (61
Codification is the process of placing action will not have substantial direct FR 4729, February 7, 1996), in issuing
the State’s statutes and regulations that effects on the States, on the relationship this rule, EPA has taken the necessary

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Federal Register / Vol. 70, No. 55 / Wednesday, March 23, 2005 / Rules and Regulations 14559

steps to eliminate drafting errors and GENERAL SERVICES applied to the OIG’s maintenance of the
ambiguity, minimize potential litigation, ADMINISTRATION proposed system of records.
and provide a clear legal standard for Accordingly, the OIG exempts the
affected conduct. EPA has complied 41 CFR Part 105 system of records under sections (j)(2)
with Executive Order 12630 (53 FR and (k)(2) of the Privacy Act. Section
[GSPMR Amendment 2005–01; GSPMR
8859, March 15, 1988) by examining the Case 2004–105–1] (j)(2), 5 U.S.C. 552a(j)(2), exempts a
takings implications of the rule in system of records maintained by ‘‘the
accordance with the ‘‘Attorney General Services Administration agency or component thereof which
Property Management Regulations; performs as its principal function any
General’s Supplemental Guidelines for
Privacy Act of 1974; New System of activity pertaining to enforcement of
the Evaluation of Risk and Avoidance of
Records Exemption criminal laws . . ..’’ Section (k)(2), 5
Unanticipated Takings’’ issued under U.S.C. § 552a(k)(2), exempts a system of
the executive order. This rule does not AGENCY: Office of Inspector General, records consisting of ‘‘investigatory
impose an information collection General Services Administration (GSA). materials compiled for law enforcement
burden under the provisions of the ACTION: Final rule. purposes,’’ where such materials are not
Paperwork Reduction Act of 1995 (44 within the scope of the (j)(2) exemption
U.S.C. 3501 et seq.). SUMMARY: The GSA Office of Inspector pertaining to criminal law enforcement.
The Congressional Review Act, 5 General (OIG) is publishing a final rule Where applicable, section (j)(2) may
U.S.C. 801 et seq., as added by the Small amending the General Services be invoked to exempt a system of
Administration Property Management records from any Privacy Act provision
Business Regulatory Enforcement
Regulation (GSPMR) to exempt the new except: 5 U.S.C. 552a(b) (conditions of
Fairness Act of 1996, generally provides
system of records, Internal Evaluation disclosure); (c) (1) and (2) (accounting of
that before a rule may take effect, the
Case Files (GSA/ADM–25), from certain disclosures and retention of accounting,
agency promulgating the rule must information disclosure provisions. Due respectively); (e)(4) (A) through (F)
submit a rule report, which includes a to the law enforcement nature of the (system notice requirements); (e) (6), (7),
copy of the rule, to each House of the records, a rule amendment is required (9), (10), and (11) (certain agency
Congress and to the Comptroller General in order to invoke the relevant requirements relating to system
of the United States. EPA will submit a exemptions under the Privacy Act of maintenance); and (i) (criminal
report containing this document and 1974, as amended (5 U.S.C 552a). The penalties). Section (k)(2) may be
other required information to the U.S. exemption will assist the OIG to invoked to exempt a system of records
Senate, the U.S. House of efficiently and effectively perform from 5 U.S.C. 552a(c)(3) (making
Representatives, and the Comptroller internal investigations and other accounting of disclosures available to
General of the United States prior to authorized duties and activities. the subject individual); (d) (access to
publication in the Federal Register. A DATES: March 23, 2005. records); (e)(1) (G), (H) and (I) (notice of
major rule cannot take effect until 60 FOR FURTHER INFORMATION CONTACT: GSA
certain procedures); and (f)
days after it is published in the Federal Privacy Act Officer, General Services (promulgation of certain Privacy Act
Register. This action is not a ‘‘major Administration, Office of the Chief rules).
rule’’ as defined by 5 U.S.C. 804(2). This The system of records consists of
People Officer, 1800 F Street NW,
action will be effective May 23, 2005. information covered by the (j)(2) and
Washington DC 20405; telephone (202)
(k)(2) exemptions. The OIG internal
List of Subjects in 40 CFR Part 271 501–1452.
evaluation case files are maintained
ADDRESSES: Any correspondence pursuant to official investigatory and
Environmental protection, relating to this rule amendment should law enforcement functions of the OIG
Administrative practice and procedure, be submitted to the Office of Counsel to under the authority of the Inspector
Confidential business information, the Inspector General (JC), Office of General Act of 1978, Public Law 95–
Hazardous material transportation, Inspector General, General Services 452, 5 U.S.C. App. 3 (1978).
Hazardous waste, Indians-lands, Administration, 1800 F Street NW, Furthermore, the OIG constitutes a GSA
Intergovernmental relations, Penalties, Washington DC 20405. component that performs as one of its
Reporting and recordkeeping SUPPLEMENTARY INFORMATION: principal functions activities pertaining
requirements. to the enforcement of criminal laws, see
A. Background
Authority: This action is issued under the 5 U.S.C. 552a(j)(2). Information covered
In the December 29, 2004, issue of the under the (j)(2) exemption includes, but
authority of sections 2002(a), 3006 and
7004(b) of the Solid Waste Disposal Act as
Federal Register, an OIG notice was is not limited to, information compiled
amended 42 U.S.C. 6912(a), 6926, 6974(b).
published proposing the establishment for the purpose of identifying criminal
of the new system of records ‘‘Internal offenders and alleged offenders and
Dated: March 10, 2005. Evaluation Case Files,’’ (GSA/ADM–25), consisting of identifying data and
A. Stanley Meiburg, under the Privacy Act, as amended, 5 notations of arrests, and the nature and
Deputy Regional Administrator, Region 4. U.S.C. 552a. An amendment to GSPMR disposition of criminal charges,
[FR Doc. 05–5722 Filed 3–22–05; 8:45 am] 105–64.6 (41 CFR 105–64.6) is necessary sentencing, confinement, release, and
BILLING CODE 6560–50–P
to exempt that system of records from parole and probation status; information
the provisions of the Act that require, compiled for the purpose of a criminal
among other things, that the OIG investigation, including reports of
provide notice when collecting informants and investigators, that is
information, account for certain associated with an identifiable
disclosures, permit individuals access to individual; or reports of enforcement of
their records, and allow them to request the criminal laws from arrest or
that the records be amended. These indictment through release from
provisions would interfere with the supervision. Information contained in
conduct of OIG internal investigations if OIG complaint and investigative files

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