North Carolina Hazardous Waste Program Authorization

|2024-15117|566 days overdue
View on Federal Register

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.

Compliance Requirements

  1. #1

    Submit comments identified by Docket ID No. EPA-R04-RCRA-2024-0116 at https://www.regulations.gov; 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; States must maintain a hazardous waste program that is equivalent to, consistent with, and no less stringent than the Federal program; Transporters must reconcile significant manifest discrepancies with the waste generator; Off-site recycling facilities that receive materials described in 40 CFR 266.70(a) must label containers and tanks holding recyclable materials with the words 'Recyclable Material'; North Carolina must implement hazardous waste program changes corresponding to Federal rules promulgated between October 27, 1987, and October 1, 2021; North Carolina will issue permits for all provisions for which it is authorized and will administer the permits it issues

    Deadline: 2024-08-14(30 days after date of publication in the Federal Register)

Market Impacts

  • North Carolina gains expanded authorization to implement and enforce hazardous waste management program revisions, allowing state-level permitting and enforcement for newly authorized provisions; North Carolina cannot receive authorization for certain Federal regulatory functions involving international shipments (import and export provisions) associated with Checklist 244 (Canada Import Export Recovery and Disposal Code Changes) and Checklist 152 (Imports and Exports of Hazardous Waste: Implementation of OECD Council Decision); North Carolina is not authorized to carry out its hazardous waste program in Indian country within the state, including Eastern Band of Cherokee Indian lands; Authorization includes modernized regulations for specific waste streams including recalled airbags (Checklist 240), hazardous waste pharmaceuticals (Checklist 241), aerosol cans as universal waste (Checklist 242), and ignitable liquids determinations (Checklist 243)

Validated Company Impacts

WMScore: 100%

WASTE MANAGEMENT INC

Waste Management Inc operates extensively in hazardous waste management through its collection, disposal, and recycling segments, directly aligning with North Carolina's hazardous waste program requirements. The company's recycling processing operations would be subject to labeling requirements for recyclable materials, and its waste transportation activities fall under manifest discrepancy rules. The rule focuses on hazardous waste management program revisions in North Carolina, which does not align with the company's primary risk factors related to renewable fuels (RINs volatility, RFS program changes), interest rates, and recycling commodity prices. The company's recycling operations are commodity-focused rather than hazardous waste-specific, and there is no indication of hazardous waste management or North Carolina operations in their risk profile.