North Dakota: Final Authorization of State Hazardous Waste Management Program Revisions and Incorporation by Reference of Approved Hazardous Waste Program, 8640-8641 [E8-2158]

Download as PDF 8640 Federal Register / Vol. 73, No. 31 / Thursday, February 14, 2008 / Proposed Rules IV. Summary EPA is proposing to determine that the Albany-Schenectady-Troy, Jefferson County and Rochester ozone nonattainment areas have attained the eight-hour ozone standard based on three years of complete, quality-assured monitoring data at all ozone monitoring sites in the areas. Data through the 2007 ozone season demonstrate that the areas continue to attain the standard. As provided in 40 CFR 51.918, if EPA’s determinations that these areas have attained the eight-hour ozone standard are made final, they would suspend the requirements under section 182(b)(1) for submission of the reasonable further progress plan and ozone attainment demonstration and the requirements of section 172(c)(9) concerning submission of contingency measures and any other planning SIP relating to attainment of the eight-hour NAAQS. This suspension of requirements would be effective as long as the areas continue to attain the eight-hour ozone standard. EPA will await additional, complete data before determining whether the Whiteface Mountain area in Essex County is attaining the standard. EPA emphasizes that its proposed determinations are contingent upon the continued monitoring and continued attainment and maintenance of the eight-hour ozone NAAQS in these affected areas. If these determinations are finalized and EPA subsequently determines, after notice and comment rulemaking, that an area violated the standard, the basis for the suspension of the planning requirements would no longer exist, and the area would thereafter have to address the pertinent requirements. ebenthall on PRODPC61 with PROPOSALS V. Statutory and Executive Order Reviews Under Executive Order 12866 (58 FR 51735, October 4, 1993), this proposed action is not a ‘‘significant regulatory action’’ and therefore is not subject to review by the Office of Management and Budget. For this reason, this action is also not subject to Executive Order 13211, ‘‘Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use’’ (66 FR 28355, May 22, 2001). This action proposes to make a determination based on air quality data, and would, if finalized, result in the suspension of certain Federal requirements. Accordingly, the Administrator certifies that this rule 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 rule proposes to make a determination VerDate Aug<31>2005 14:21 Feb 13, 2008 Jkt 214001 based on air quality data, and would, if finalized, result in the suspension of certain Federal requirements, it does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104–4). This proposed rule also does not have tribal implications because it will not have a substantial direct effect on one or more Indian tribes, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes, as specified by Executive Order 13175 (65 FR 67249, November 9, 2000). This proposed action also does not have Federalism implications because it does 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 proposes to make a determination based on air quality data and would, if finalized, result in the suspension of certain Federal requirements, and does not alter the relationship or the distribution of power and responsibilities established in the Clean Air Act. This proposed rule also is not subject to Executive Order 13045 ‘‘Protection of Children from Environmental Health Risks and Safety Risks’’(62 FR 19885, April 23, 1997), because it proposes to determine that air quality in the affected area is meeting Federal standards. 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 because it would be inconsistent with applicable law for EPA, when determining the attainment status of an area, to use voluntary consensus standards in place of promulgated air quality standards and monitoring procedures that otherwise satisfy the provisions of the Clean Air Act. This proposed rule does not impose an information collection burden under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.) Under Executive Order 12898, EPA finds that this rule involves a proposed determination of attainment based on air quality data and will not have disproportionately high and adverse human health or environmental effects on any communities in the area, including minority and low-income communities. PO 00000 Frm 00013 Fmt 4702 Sfmt 4702 List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Nitrogen oxides, Ozone, Volatile organic compounds, Intergovernmental relations, Reporting and recordkeeping requirements. Authority: 42 U.S.C. 7401 et seq. Dated: February 6, 2008. Alan J. Steinberg, Regional Administrator, Region 2. [FR Doc. E8–2781 Filed 2–13–08; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Parts 271 and 272 [EPA–R08–RCRA–2006–0501 FRL–8524–6] North Dakota: Final Authorization of State Hazardous Waste Management Program Revisions and Incorporation by Reference of Approved Hazardous Waste Program Environmental Protection Agency (EPA). ACTION: Proposed rule. AGENCY: SUMMARY: North Dakota has applied to EPA for final authorization of the changes to its hazardous waste program under the Resource Conservation and Recovery Act (RCRA). The EPA proposes to grant final authorization to the hazardous waste program changes submitted by North Dakota. In addition, EPA is proposing to codify in the regulations entitled ‘‘Approved State Hazardous Waste Management Programs’’, North Dakota’s authorized hazardous waste program. EPA will incorporate by reference into the Code of Federal Regulations (CFR) those provisions of the State statutes and regulations that are authorized and that EPA will enforce under the Solid Waste Disposal Act, as amended and commonly referred to as RCRA. In the ‘‘Rules and Regulations’’ section of this Federal Register, we are authorizing the State’s program changes and codifying and incorporating by reference the authorized hazardous waste program as an immediate final rule. EPA did not make a proposal prior to the immediate final rule because we believe these actions are not controversial and do not expect comments to oppose them. We have explained the reasons for this authorization and incorporation-byreference in the preamble to the immediate final rule. Unless we get written comments opposing this authorization and incorporation by reference during the comment period, the immediate final rule will become E:\FR\FM\14FEP1.SGM 14FEP1 Federal Register / Vol. 73, No. 31 / Thursday, February 14, 2008 / Proposed Rules ebenthall on PRODPC61 with PROPOSALS effective and the Agency will not take further action on this proposal. If we receive comments that oppose these actions, we will publish a document in the Federal Register withdrawing this rule before it takes effect. EPA will then address public comments in a later final rule based on this proposal. Any parties interested in commenting on these actions must do so at this time. EPA may not provide further opportunity for comment. DATES: Comments must be received on or before March 17, 2008. ADDRESSES: Submit your comments, identified by Docket ID No. EPA–R08– RCRA–2006–0501, by one of the following methods: • Federal eRulemaking Portal: http:// www.regulations.gov.Follow the on-line instructions for submitting comments. • E-mail: daly.carl@epa.gov. • Fax: (303) 312–6341. • Mail: Send written comments to Carl Daly, Solid and Hazardous Waste Program, EPA Region 8, Mailcode 8P– HW, 1595 Wynkoop Street, Denver, Colorado 80202–1129. • Hand Delivery or Courier: Deliver your comments to Carl Daly, Solid and Hazardous Waste Program, EPA Region 8, Mailcode 8P–HW, 1595 Wynkoop Street, Denver, CO 80202–1129. Such deliveries are only accepted during the Regional Office’s normal hours of operation. The public is advised to call in advance to verify the business hours. Special arrangements should be made for deliveries of boxed information. Instructions: Direct your comments to Docket ID No. EPA–R08–RCRA–2006– VerDate Aug<31>2005 14:21 Feb 13, 2008 Jkt 214001 0501. EPA’s policy is that all comments received will be included in the public docket without change, including any personal information provided, unless the comment includes information claimed to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Do not submit information that you consider to be CBI or otherwise protected through http:// www.regulations.gov, or e-mail. The federal web site, http:// www.regulations.gov, is an ‘‘anonymous access’’ system, which means EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an e-mail comment directly to EPA without going through http:// www.regulations.gov, your e-mail address will be automatically captured and included as part of the comment that is placed in the public docket and made available on the Internet. If you submit an electronic comment, EPA recommends that you include your name and other contact information in the body of your comment and with any disk or CD–ROM you submit. If EPA cannot read your comment due to technical difficulties, and cannot contact you for clarification, EPA may not be able to consider your comment. Electronic files should avoid the use of special characters or any form of encryption, and be free of any defects or viruses. For additional information about EPA’s public docket, visit the EPA Docket Center homepage at http:// www.epa.gov/epahome/dockets.htm. PO 00000 Frm 00014 Fmt 4702 Sfmt 4702 8641 Docket: All documents in the docket are listed in the http:// www.regulations.gov index. Although listed in the index, some information is not publicly available, e.g., CBI or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, will be publicly available only in hard copy. Publicly available docket materials are available either electronically through www.regulations.gov or in hard copy at: EPA Region 8, from 9 a.m. to 4 p.m., 1595 Wynkoop Street, Denver, Colorado, contact: Carl Daly, phone number (303) 312–6416, or the North Dakota Department of Health (NDDH) from 9 a.m. to 4 p.m., 1200 Missouri Ave, Bismarck, ND 58504–5264, contact: Curt Erickson, phone number (701) 328–5166. The public is advised to call in advance to verify the business hours. Carl Daly, Solid and Hazardous Waste Program, U.S. Environmental Protection Agency, Region 8, 1595 Wynkoop Street, Denver, CO 80202, (303) 312– 6416, daly.carl@epa.gov. SUPPLEMENTARY INFORMATION: For additional information, please see the immediate final rule published in the ‘‘Rules and Regulations’’ section of this Federal Register. FOR FURTHER INFORMATION CONTACT: Dated: January 22, 2008. Carol Rushin, Acting Regional Administrator, Region 8. [FR Doc. E8–2158 Filed 2–13–08; 8:45 am] BILLING CODE 6560–50–P E:\FR\FM\14FEP1.SGM 14FEP1

Agencies

[Federal Register Volume 73, Number 31 (Thursday, February 14, 2008)]
[Proposed Rules]
[Pages 8640-8641]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-2158]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 271 and 272

[EPA-R08-RCRA-2006-0501 FRL-8524-6]


North Dakota: Final Authorization of State Hazardous Waste 
Management Program Revisions and Incorporation by Reference of Approved 
Hazardous Waste Program

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: North Dakota has applied to EPA for final authorization of the 
changes to its hazardous waste program under the Resource Conservation 
and Recovery Act (RCRA). The EPA proposes to grant final authorization 
to the hazardous waste program changes submitted by North Dakota. In 
addition, EPA is proposing to codify in the regulations entitled 
``Approved State Hazardous Waste Management Programs'', North Dakota's 
authorized hazardous waste program. EPA will incorporate by reference 
into the Code of Federal Regulations (CFR) those provisions of the 
State statutes and regulations that are authorized and that EPA will 
enforce under the Solid Waste Disposal Act, as amended and commonly 
referred to as RCRA. In the ``Rules and Regulations'' section of this 
Federal Register, we are authorizing the State's program changes and 
codifying and incorporating by reference the authorized hazardous waste 
program as an immediate final rule. EPA did not make a proposal prior 
to the immediate final rule because we believe these actions are not 
controversial and do not expect comments to oppose them. We have 
explained the reasons for this authorization and incorporation-by-
reference in the preamble to the immediate final rule. Unless we get 
written comments opposing this authorization and incorporation by 
reference during the comment period, the immediate final rule will 
become

[[Page 8641]]

effective and the Agency will not take further action on this proposal. 
If we receive comments that oppose these actions, we will publish a 
document in the Federal Register withdrawing this rule before it takes 
effect. EPA will then address public comments in a later final rule 
based on this proposal. Any parties interested in commenting on these 
actions must do so at this time. EPA may not provide further 
opportunity for comment.

DATES: Comments must be received on or before March 17, 2008.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R08-
RCRA-2006-0501, by one of the following methods:
     Federal eRulemaking Portal: http://
www.regulations.gov.Follow the on-line instructions for submitting 
comments.
     E-mail: daly.carl@epa.gov.
     Fax: (303) 312-6341.
     Mail: Send written comments to Carl Daly, Solid and 
Hazardous Waste Program, EPA Region 8, Mailcode 8P-HW, 1595 Wynkoop 
Street, Denver, Colorado 80202-1129.
     Hand Delivery or Courier: Deliver your comments to Carl 
Daly, Solid and Hazardous Waste Program, EPA Region 8, Mailcode 8P-HW, 
1595 Wynkoop Street, Denver, CO 80202-1129. Such deliveries are only 
accepted during the Regional Office's normal hours of operation. The 
public is advised to call in advance to verify the business hours. 
Special arrangements should be made for deliveries of boxed 
information.
    Instructions: Direct your comments to Docket ID No. EPA-R08-RCRA-
2006-0501. EPA's policy is that all comments received will be included 
in the public docket without change, including any personal information 
provided, unless the comment includes information claimed to be 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Do not submit information that you 
consider to be CBI or otherwise protected through http://
www.regulations.gov, or e-mail. The federal web site, http://
www.regulations.gov, is an ``anonymous access'' system, which means EPA 
will not know your identity or contact information unless you provide 
it in the body of your comment. If you send an e-mail comment directly 
to EPA without going through http://www.regulations.gov, your e-mail 
address will be automatically captured and included as part of the 
comment that is placed in the public docket and made available on the 
Internet. If you submit an electronic comment, EPA recommends that you 
include your name and other contact information in the body of your 
comment and with any disk or CD-ROM you submit. If EPA cannot read your 
comment due to technical difficulties, and cannot contact you for 
clarification, EPA may not be able to consider your comment. Electronic 
files should avoid the use of special characters or any form of 
encryption, and be free of any defects or viruses. For additional 
information about EPA's public docket, visit the EPA Docket Center 
homepage at http://www.epa.gov/epahome/dockets.htm.
    Docket: All documents in the docket are listed in the http://
www.regulations.gov index. Although listed in the index, some 
information is not publicly available, e.g., CBI or other information 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material, will be publicly available only in hard copy. 
Publicly available docket materials are available either electronically 
through www.regulations.gov or in hard copy at: EPA Region 8, from 9 
a.m. to 4 p.m., 1595 Wynkoop Street, Denver, Colorado, contact: Carl 
Daly, phone number (303) 312-6416, or the North Dakota Department of 
Health (NDDH) from 9 a.m. to 4 p.m., 1200 Missouri Ave, Bismarck, ND 
58504-5264, contact: Curt Erickson, phone number (701) 328-5166. The 
public is advised to call in advance to verify the business hours.

FOR FURTHER INFORMATION CONTACT: Carl Daly, Solid and Hazardous Waste 
Program, U.S. Environmental Protection Agency, Region 8, 1595 Wynkoop 
Street, Denver, CO 80202, (303) 312-6416, daly.carl@epa.gov.

SUPPLEMENTARY INFORMATION: For additional information, please see the 
immediate final rule published in the ``Rules and Regulations'' section 
of this Federal Register.

    Dated: January 22, 2008.
Carol Rushin,
Acting Regional Administrator, Region 8.
 [FR Doc. E8-2158 Filed 2-13-08; 8:45 am]
BILLING CODE 6560-50-P