North Dakota: Final Authorization of State Hazardous Waste Management Program Revisions and Incorporation by Reference of Approved Hazardous Waste Program, 8610-8617 [E8-2160]
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8610
Federal Register / Vol. 73, No. 31 / Thursday, February 14, 2008 / Rules and Regulations
§ 702.9037–1T Transfer of amounts to the
Presidential Primary Matching Payment
Account (temporary).
(a) In general. The Secretary will
deposit amounts into the Presidential
Primary Matching Payment Account
(Primary Account) only to the extent
that there are amounts in the
Presidential Election Campaign Fund
(Fund) after the transfers prescribed by
§ 701.9006–1(c) and (d). The Secretary
will make this deposit promptly from
amounts that have actually been
transferred to the Fund under
§ 701.9006–1(a). Any amounts in the
Primary Account after October 31
following a presidential election will be
returned to the Fund for the purpose of
making the transfers prescribed by
§ 701.9006–1(c), (d), and (f) for the next
presidential election.
(b) Effective/applicability date. (1)
These regulations apply to the Primary
Account on or after February 2, 1996.
(2) Expiration Date. This section
expires on February 11, 2011.
I Par. 4. Section 702.9037–2 is
amended by adding paragraph (e) to
read as follows:
§ 702.9037–2 Payments from the
Presidential Primary Matching Payment
Account.
*
*
*
*
*
(e) Effective/applicability date. These
regulations apply to the Primary
Account before February 2, 1996.
I Par. 5. Section 702.9037–2T is added
to read as follows:
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§ 702.9037–2T Payments from the
Presidential Primary Matching Payment
Account (temporary).
(a) In general. Pursuant to section
9036, the Federal Election Commission
(Commission) will certify to the
Secretary the full amount of payment to
which a candidate is entitled under
section 9034. The Secretary will pay
promptly, but not before the start of the
matching payment period under section
9032(6), the amounts certified by the
Commission from the Presidential
Primary Matching Payment Account
(Primary Account) to the candidate.
(b) Additional guidance. The Internal
Revenue Service may publish guidance
in the Internal Revenue Bulletin (see
§ 601.601(d)(2)(ii)(b) of this chapter)
prescribing additional rules and
procedures for the Primary Account.
(c) Effective/applicability date. (1)
These regulations apply to the Primary
Account on or after February 2, 1996.
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(2) Expiration Date. This section
expires on February 11, 2011.
Linda E. Stiff,
Deputy Commissioner for Services and
Enforcement.
Approved: February 1, 2008.
Eric Solomon,
Assistant Secretary of the Treasury (Tax
Policy).
[FR Doc. 08–674 Filed 2–11–08; 12:09 pm]
BILLING CODE 4830–01–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 271 and 272
[EPA–R08–RCRA–2006–0501; FRL–8524–7]
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: Immediate final rule.
AGENCY:
SUMMARY: The Solid Waste Disposal Act,
as amended, commonly referred to as
the Resource Conservation and
Recovery Act (RCRA), allows the
Environmental Protection Agency (EPA)
to authorize States to operate their
hazardous waste management programs
in lieu of the federal program. EPA uses
the regulations entitled ‘‘Approved State
Hazardous Waste Management
Programs’’ to provide notice of the
authorization status of State programs
and to incorporate by reference those
provisions of the State regulations that
will be subject to EPA’s inspection and
enforcement. This rule codifies in the
regulations the prior approval of North
Dakota’s hazardous waste management
program and incorporates by reference
authorized provisions of the State’s
regulations. In addition, this document
corrects errors made in the Federal
Register authorization documents for
North Dakota published on June 25,
1990 and September 26, 2005.
DATES: This final authorization will
become effective on April 14, 2008,
unless the EPA receives adverse written
comment by March 17, 2008. If adverse
comment is received, EPA will publish
a timely withdrawal of the immediate
final rule in the Federal Register
informing the public that the rule will
not take effect. The incorporation by
reference of authorized provisions in the
North Dakota statutes and regulations
contained in this rule is approved by the
Director of the Federal Register as of
April 14, 2008.
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Submit your comments,
identified by Docket ID No. EPA–R08–
RCRA–2006–0501, by one of the
following methods:
• Federal eRulemaking Portal: https://
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, Colorado 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 https://
www.regulations.gov, or e-mail. The
federal web site, (https://
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 https://
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 https://
www.epa.gov/epahome/dockets.htm).
ADDRESSES:
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Docket: All documents in the docket
are listed in the https://
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, EPA Region 8, 1595 Wynkoop
Street, Denver, Colorado 80202, (303)
312–6416, daly.carl@epa.gov.
SUPPLEMENTARY INFORMATION:
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Table of Contents
I. Authorization of Revisions to North
Dakota’s Hazardous Waste Program
A. Why Are Revisions to State Programs
Necessary?
B. What Decisions Have We Made in This
Rule?
C. What Is the Effect of This Authorization
Decision?
D. Why Wasn’t There a Proposed Rule
Before This Rule?
E. What Happens if the EPA Receives
Comments That Oppose This Action?
F. For What Has North Dakota Previously
Been Authorized?
G. What Changes Are We Authorizing With
This Action?
H. Why Are the Revised State Rules
Different From the Federal Rules?
I. Who Handles Permits After the
Authorization Takes Effect?
J. How Does This Action Affect Indian
Country (18 U.S.C. 1151) in North
Dakota?
II. Corrections
A. Corrections to June 25, 1990 (55 FR
25836) Authorization Document
B. Corrections to September 26, 2005 (70
FR 56132) Authorization Document
III. Incorporation by Reference
A. What is Codification?
B. What Decisions Have We Made in This
Action?
C. What is the Effect of North Dakota’s
Codification on Enforcement?
D. What State Provisions Are Not Part of
the Codification?
E. What Will be the Effect of Federal
HSWA Requirements on the
Codification?
IV. Statutory and Executive Order Reviews
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I. Authorization of Revisions to North
Dakota’s Hazardous Waste Program
A. Why Are Revisions to State Programs
Necessary?
States that have received final
authorization from EPA under RCRA
Section 3006(b), 42 U.S.C. 6926(b), must
maintain a hazardous waste program
equivalent to, consistent with, and no
less stringent than the federal program.
As the federal program changes, States
must change their programs and ask
EPA to authorize their 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 EPA’s
regulations in 40 Code of Federal
Regulations (CFR) parts 124, 260
through 266, 268, 270, 273, and 279.
B. What Decisions Have We Made in
This Rule?
We conclude that North Dakota’s
application to revise its authorized
program meets all of the statutory and
regulatory requirements established by
RCRA. Therefore, we grant North Dakota
final authorization to operate its
hazardous waste program with the
changes described in the authorization
application. North Dakota has
responsibility for permitting Treatment,
Storage, and Disposal Facilities (TSDFs)
within its borders, except in Indian
country, and for carrying out those
portions of the RCRA program described
in its revised program application,
subject to the limitations of the
Hazardous and Solid Waste
Amendments of 1984 (HSWA). New
federal requirements and prohibitions
imposed by federal regulations that EPA
promulgates under the authority of
HSWA take effect in authorized States
before they are authorized for the
requirements. Thus, EPA will
implement those requirements and
prohibitions in North Dakota, including
issuing permits, until North Dakota is
authorized to do so.
C. What Is the Effect of This
Authorization Decision?
The effect of this decision is that
facilities in North Dakota subject to
RCRA will now have to comply with the
authorized State requirements instead of
the equivalent federal requirements.
North Dakota has primary enforcement
responsibility under its State hazardous
waste program for violations of the
program, but EPA retains its authority
under RCRA sections 3007, 3008, 3013,
and 7003, which include, among others,
the authority to conduct inspections and
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require monitoring, tests, analyses, or
reports; and enforce RCRA requirements
and suspend or revoke permits.
This action does not impose
additional requirements on the
regulated community because the
regulations for which North Dakota is
being authorized are already effective
and are not changed by today’s action.
D. Why Wasn’t There a Proposed Rule
Before This Rule?
EPA did not publish a proposal before
today’s rule because this action is a
routine program change, and we do not
expect comments opposing this
approval. We are providing an
opportunity for public comment at this
time. In addition, in the proposed rules
section of today’s Federal Register,
there is a separate document that
proposes to authorize the State program
changes. If we receive comments
opposing this authorization, that
document will serve as a proposal to
authorize the changes.
E. What Happens if the EPA Receives
Comments That Oppose This Action?
If EPA receives comments opposing
this authorization, we will withdraw
this rule by publishing a notice in the
Federal Register before the rule
becomes effective. We then will address
all public comments in a later Federal
Register. You may not have another
opportunity to comment. If you want to
comment on this action, you must do so
at this time.
If we receive comments opposing
authorization of only a particular
change to the State hazardous waste
program, we will withdraw that part of
the rule. However, the authorization of
program changes that are not opposed
by any comments will become effective
on the date specified above. The Federal
Register withdrawal document will
specify which part of the authorization
will become effective and which part is
being withdrawn.
F. For What Has North Dakota
Previously Been Authorized?
North Dakota initially received final
authorization on October 5, 1984,
effective October 19, 1984 (49 FR 39328)
to implement the RCRA hazardous
waste management program. We granted
authorization for changes to their
program on June 25, 1990, effective
August 24, 1990 (55 FR 25836), May 4,
1992, effective July 6, 1992 (57 FR
19087), April 7, 1994, effective June 6,
1994 (59 FR 16566), January 19, 2000,
effective March 20, 2000 (65 FR 02897),
and September 26, 2005, effective
November 25, 2005 (70 FR 56132).
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G. What Changes Are We Authorizing
With This Action?
On June 2, 2004, September 2, 2004,
and October 26, 2004, North Dakota
submitted final revision applications,
seeking authorization of program
changes in accordance with 40 CFR
271.21. During the approval of the
revisions in the September 26, 2005
Federal Register, we inadvertently
missed the rules being approved in this
Federal Register. We now make an
immediate final decision, subject to
receipt of written comments opposing
this action, that North Dakota’s
hazardous waste program revision
satisfies all of the requirements
necessary for final authorization.
Therefore, we propose to grant North
Dakota final authorization for the
following program changes:
33–24–01–04.99, 33–24–05–550.1 and
.2, 33–24–05–551.1, 33–24–05–552.1
thru 552.1.e, 33–24–05–552.2.a thru 33–
24–05–552.11, 33–24–05–554.1.a and .b,
33–24–05–555.1 thru 555.7; Recycled
Used Oil Management Standards;
Clarification (68 FR 44659, 07/30/03)
(Checklist 203)/33–24–02–05.10, 33–24–
05–610.9, 33–24–05–674, 33–24–05–
674.2 thru 674.2.d.
2. State-Initiated Changes
North Dakota has made amendments
to its regulations that are not directly
related to any of the federal rules
addressed in Item G.1 above. These
State-initiated changes are either
conforming changes made to existing
authorized provisions, or the adoption
of provisions that clarify and make the
State’s regulations internally consistent.
The State’s regulations, as amended by
1. Program Revision Changes for Federal these provisions, provide authority
which remains equivalent to and no less
Rules
stringent than the federal laws and
North Dakota seeks authority to
regulations. These State-initiated
administer the federal requirements that changes are submitted under the
are listed below (the Federal Citation is
requirements of 40 CFR 271.21(a) and
followed by the analog from the North
include the following provisions from
Dakota Administrative Code (NDAC),
the North Dakota Administrative Code
Article 33–24, as revised December 1,
(NDAC), Article 33–24, as revised
2003): Universal Treatment Standards
December 1, 2003, (unless otherwise
and Treatment Standards for Organic
indicated): 33–24–01–03; 33–24–01–
Toxicity Characteristic Wastes and
04.5 ‘‘Administrator’’ or ‘‘regional
Newly Listed Wastes (59 FR 47982, 09/
administrator’’; 33–24–01–07; 33–24–
19/94 and 60 FR 00242, 01/03/95)
01–13 introductory paragraph and .1
(Checklists 137 and 137.1)/33–24–01–09 through .4; 33–24–01–13.5; 33–24–01–
introductory paragraph, 33–24–01–09.2, 14; 33–24–01–15; 33–24–02–01.1.b
33–24–01–10.1 and 10.2, 33–24–01–11
through .d; 33–24–02–04.1 introductory
introductory paragraph, 33–24–01–12
paragraph and .1.a through .e; 33–24–
introductory paragraph, 33–24–01–12.1 02–04.2 introductory paragraph; 33–24–
and 12.2, 33–24–02–02.5.a.(3), 33–24–
02–04.2.i; 33–24–02–04.3 and .4.a
05–01.6.f, 33–24–05/Appendices VIII,
introductory paragraph; 33–24–02–
and XXVIII, 33–24–05–204.1, 33–24–
05.5.b; 33–24–02–05.7.b; 33–24–02–18.1
05–250.3.c.(2), 33–24–05–250.5.d, 33–
through .2; 33–24–02–18.4; 33–24–02–
24–05–251.1, 33–24–05–251.10, 33–24– 19.2.b(3)(a); 33–24–03–02.1 and .2; 33–
05–256.1.a, 33–24–05–256.1.b
24–03–02.3.c; 33–24–03–07.1.a and .b;
introductory paragraph, 33–24–05–
33–24–03–13.2, (except the phrase
256.1.c introductory paragraph, 33–24–
‘‘March first of each even-numbered
05–256.1.e thru 256.1.j, 33–24–05–
year’’); 33–24–03–14.1 introductory
256.2.c.(2), 33–24–05–256.2.d.(4), 33–
paragraph; 33–24–03–14.1.a and .b; 33–
24–05–256.4 and .4.a, 33–24–05–258.1,
24–03–14.2; 33–24–03–14.3; 33–24–03–
33–24–05–258.4.a.(1) and (2), 33–24–
15.2 introductory paragraph; 33–24–03–
05–258.4.b.(1), 33–24–05–278.1 thru .5, 16.1; 33–24–03–17; 33–24–03–20; 33–
33–24–05–280.1 thru 280.6, 33–24–05–
24–03–40; 33–24–04–04.4.a and .b; 33–
280/Table, 33–24–05–281, 33–24–05–
24–04–04.6.a(3)(c) and .6.a(4); 33–24–
282.1, 33–24–05–282.1/Tables 1, 33–24– 04–04.6.c(1) and (2); 33–24–04–
05–282.3.b, 33–24–05–282.4, 33–24–05– 04.6.d(1) and (2); 33–24–04–04.7.a and
283, 33–24–05–283/Table CCW, 33–24– .b; 33–24–04–04.8.b(3); 33–24–04–
05–285.2.b, 33–24–05–286, 33–24–05–
06.3.a; 33–24–05–01.5; 33–24–05–01.8;
288, 33–24–05–288/Table UTS, 33–24–
33–24–05–29.6; 33–24–05–40.2.j
05–525.4.a, 33–24–05–525.4.c, 33–24–
through .n; 33–24–05–40.2.o and .p; 33–
05–525.4.c.(1), 33–24–05–525.4.c.(1)(a), 24–05–42 introductory paragraph; 33–
33–24–05–525.4.c.(2), 33–24–06–16.5;
24–05–44 introductory paragraph; 33–
Kraft Mill Steam Stripper Condensate
24–05–50; 33–24–05–51, (except Table
Exclusion (63 FR 18504, 04/15/98)
1); 33–24–05–61.1 introductory
(Checklist 164)/33–24–02–04.1.o;
paragraph and .1.a; 33–24–05–63; 33–
CAMU Amendments (67 FR 02962, 01/
24–05–64; 33–24–05–67.1 through .2
22/02) (Checklist 196)/33–24–01–04,
introductory paragraph; 33–24–05–
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67.4.c and .d; 33–24–05–74.1 and .2
introductory paragraph; 33–24–05–
77.6.a introductory paragraph; 33–24–
05–77.6.a(1) introductory paragraph and
(a); 33–24–05–77.6.a(1)(c); 33–24–05–
77.6.a(2) introductory paragraph and (a);
33–24–05–77.6.a(2)(c); 33–24–05–77.6.b
through .i; 33–24–05–77.6.k; 33–24–05–
79.1.a(1) and (2); 33–24–05–79.2.a(1)
and (2); 33–24–05–79.6.a and .b; 33–24–
05–79.6.c introductory paragraph; 33–
24–05–79.6.c(2) and (3); 33–24–05–
79.6.d and .e; 33–24–05–79.6.g; 33–24–
05–80.1; 33–24–05–81.1; 33–24–05–
81.9; 33–24–05–81.10; 33–24–05–93;
33–24–05–105; 33–24–05–108.2.a; 33–
24–05–118; 33–24–05–119.1
introductory paragraph; 33–24–05–
119.1.a through .c; 33–24–05–119.2; 33–
24–05–119.5; 33–24–05–120.1 through
.3; 33–24–05–121; 33–24–05–122.1
through .2.a; 33–24–05–122.2.c and .d;
33–24–05–122.3; 33–24–05–123.1
through .3; 33–24–05–124; 33–24–05–
125; 33–24–05–131.1 introductory
paragraph; 33–24–05–131.1.a and .b;
33–24–05–132.1; 33–24–05–165.1.a; 33–
24–05–177.1 introductory paragraph
through .2.c; 33–24–05–177.5
introductory paragraph; 33–24–05–
177.5.b; 33–24–05–178.1; 33–24–05–
182; 33–24–05–183.1 introductory
paragraph; 33–24–05–183.4, (except
.4.a(2)); 33–24–05–271.1; 33–24–05–
406.1.a; 33–24–05–435; 33–24–05–476;
33–24–05–501; 33–24–05–504.2.a and
.b; 33–24–05, Appendices III and IV;
33–24–06–01.2.b(9), (except .2.b(9)(a)(4)
and .2.b(9)(c)); 33–24–06–01.2.c; 33–24–
06–01.10; 33–24–06–03.2 and .3; 33–24–
06–04.10.c; 33–24–06–04.12.f and .j; 33–
24–06–06.1; 33–24–06–08.2; 33–24–06–
14.5.b(1)(a); 33–24–06–14.5.c(2)(b); 33–
24–06–14.6; 33–24–06–17.2.u(2)(a); 33–
24–06–17.2.v(2); 33–24–06–17.3,
(except .d(2)); 33–24–06–18.2
introductory paragraph through .2.c(6);
33–24–07–05.2.b; 33–24–07–06.3.a(5)
and (6).
Since the base program, North Dakota
has removed certain provisions from the
authorized program regulations which
resulted in the clarification of the State’s
program. These provisions have been
reviewed and we have determined that
it is appropriate for the State to remove
them and that their removal has no
impact on the equivalency or
consistency with the federal program.
The provisions removed were NDAC
sections 33–24–05–116.1.b, .c, and .e,
and 33–24–05–251.2, as found in the
December 1, 1988 version of the
regulations; and 33–24–06–17.2.v.(3)(b)
and (c), 33–24–06–17.2.z, and 33–24–
06–20, as found in the January 1, 1984
version of the regulations.
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H. Why Are the Revised State Rules
Different From the Federal Rules?
We consider the following State
requirements to be more stringent than
the federal requirements: 33–24–03–
12.1.a(1) and (2), because North Dakota
subjects generators to full status rather
than interim status standards; 33–24–
05–108.2.a., because North Dakota
requires facilities to perform daily
inspections of overfill and spill control
equipment rather than allowing the
facility to determine the inspection
frequency.
There are no requirements that are
broader-in-scope than the federal
program in these revisions.
North Dakota’s rules, promulgated
pursuant to this application, contain
several errors which may create
confusion within the regulated
community. EPA has determined that
the errors associated with the issues do
not pose implementation or
enforcement problems. Therefore, EPA
will approve this application with the
understanding that the State will correct
these items during its next rulemaking.
These errors are at the following
citations within the North Dakota
Administrative Code (NDAC), revised
December 1, 2003: 33–24–05–278.1, 33–
24–05–552.5.d.(4)(a), 33–24–05–
552.5.d.(4)(e).
I. Who Handles Permits After the
Authorization Takes Effect?
North Dakota will issue and
administer permits for all the provisions
for which it is authorized. EPA will
continue to administer any RCRA
hazardous waste permits or portions of
permits that we issued prior to the
effective date of this authorization. EPA
will transfer any pending permit
applications, completed permits, or
pertinent file information to North
Dakota within 30 days of this approval.
We will not issue any more new permits
or new portions of permits for the
provisions listed in section G. above
after the effective date of this
authorization. EPA and North Dakota
have agreed to joint permitting and
enforcement for those HSWA
requirements for which North Dakota is
not yet authorized.
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J. How Does This Action Affect Indian
Country (18 U.S.C. 1151) in North
Dakota?
North Dakota is not authorized to
carry out its hazardous waste program
in Indian country, as defined in 18
U.S.C. 1151. This includes, but is not
limited to:
1. Lands within the exterior
boundaries of the following Indian
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Reservations located within or abutting
the State of North Dakota:
a. Fort Totten Indian Reservation
b. Fort Berthold Indian Reservation
c. Standing Rock Indian Reservation
e. Turtle Mountain Indian Reservation
2. Any land held in trust by the U.S.
for an Indian tribe, and
3. Any other land, whether on or off
a reservation that qualifies as Indian
country within the meaning of 18 U.S.C.
1151.
Therefore, this program revision does
not extend to Indian country where EPA
will continue to implement and
administer the RCRA program in these
lands.
II. Corrections
A. Corrections to June 25, 1990 (55 FR
25836) Authorization Document
There were four sections of the North
Dakota Administrative Code (NDAC)
that were incorrectly authorized as part
of the authorization notice published
June 25, 1990 (55 FR 25836). The State
provisions 33–24–05–254, 33–24–05–
255, 33–24–05–282.2, and 33–24–05–
284.1 through .7 should have been
excluded from the authorized program
as non-delegable provisions. These State
provisions are analogous to the
following Part 268 sections for which
States are not authorized because
decisions made pursuant to the sections
require examination of national
concerns: 268.5 (case-by-case effective
date extensions), 268.42(b) (application
for alternate treatment method) and
268.44(a)–(g) (general treatment
standard variances). ‘‘No migration’’
petitions under 268.6 are also handled
by EPA.
B. Corrections to September 26, 2005 (70
FR 56132) Authorization Document
There were typographical errors and
omissions published as part of the
September 26, 2005 (70 FR 56132)
authorization notice for North Dakota.
The corrections for the affected entries
are as follows (the corrections have been
italicized):
1. In the entry for Checklist 156, ‘‘33–
24–06–800’’ should be ‘‘33–24–05–800’’;
and the citations 33–24–06–
01.2.b(9)(a)(4) and .2.b(9)(c) were
omitted;
2. In the entry for Checklist 157, ‘‘33–
24–02–01.3.i through fig. 1’’ should be
‘‘33–24–02–01.3.i through .3.l’’;
3. In the entry for Checklist 158, ‘‘33–
24–532.6’’ should be ‘‘33–24–05–532.6’’;
4. In the entry for Checklist 167D,
‘‘33–24–02–02.3.d/Chart 1’’ should be
‘‘33–24–02–02/Table 1’’; and
5. In the entry for the Consolidated
Checklist addressing Boilers and
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8613
Industrial Furnaces, ‘‘33–24–05–529.1.a
through 529.9’’ should be ‘‘33–24–05–
529.1.a through 529.8’’.
III. Incorporation by Reference
A. What is Codification?
Codification is the process of
including the statutes and regulations
that comprise the State’s authorized
hazardous waste management program
into the CFR. Section 3006(b) of RCRA,
as amended, allows the Environmental
Protection Agency (EPA) to authorize
State hazardous waste management
programs. The State regulations
authorized by EPA supplant the federal
regulations concerning the same matter
with the result that after authorization
EPA enforces the authorized
regulations. Infrequently, State statutory
language which acts to regulate a matter
is also authorized by EPA with the
consequence that EPA enforces the
authorized statutory provision. EPA
does not authorize State enforcement
authorities and does not authorize State
procedural requirements. EPA codifies
the authorized State program in 40 CFR
part 272 and incorporates by reference
State statutes and regulations that make
up the approved program which is
federally enforceable in accordance with
Sections 3007, 3008, 3013, and 7003 of
RCRA, 42 U.S.C. 6927, 6928, 6934 and
6973, and any other applicable statutory
and regulatory provisions.
B. What Decisions Have We Made in
This Action?
Today’s action codifies EPA’s
authorization of North Dakota’s base
hazardous waste management program
and its revisions to that program. This
codification reflects the State program
that will be in effect when EPA’s
authorized revisions to the North Dakota
hazardous waste management program
addressed in this final rule become
final. Except as discussed above in
sections I.G. and II, this action does not
reopen any decision EPA previously
made concerning the authorization of
the State’s hazardous waste
management program. EPA is not
requesting comments on its decisions
published in the Federal Register
notices referenced in section I.F of this
document concerning previous
revisions to the authorized program in
North Dakota.
EPA is incorporating by reference
EPA’s approval of North Dakota’s
hazardous waste management program
by amending Subpart JJ to 40 CFR part
272. This action amends § 272.1751 and
incorporates by reference North
Dakota’s authorized hazardous waste
statutes and regulations. Section
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272.1751 also references the
demonstration of adequate enforcement
authority, including procedural and
enforcement provisions, which provide
the legal basis for the State’s
implementation of the hazardous waste
management program. In addition,
§ 272.1751 references the Memorandum
of Agreement, the Attorney General’s
Statements and the Program
Description, which are evaluated as part
of the approval process of the hazardous
waste management program under
Subtitle C of RCRA.
C. What is the Effect of North Dakota’s
Codification on Enforcement?
EPA retains the authority under
statutory provisions, including but not
limited to, RCRA sections 3007, 3008,
3013, and 7003, and other applicable
statutory and regulatory provisions to
undertake inspections and enforcement
actions and to issue orders in all
authorized States. With respect to
enforcement actions, EPA will rely on
federal sanctions, federal inspection
authorities, and federal procedures
rather than the State analogs to these
provisions. Therefore, the EPA is not
incorporating by reference North
Dakota’s inspection and enforcement
authorities nor are those authorities part
of North Dakota’s approved State
program which operates in lieu of the
federal program. 40 CFR 272.1751(c)(2)
lists these authorities for informational
purposes, and also because EPA
considered them in determining the
adequacy of North Dakota’s procedural
and enforcement authorities. North
Dakota’s authority to inspect and
enforce the State’s hazardous waste
management program requirements
continues to operate independently
under State law.
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D. What State Provisions Are Not Part
of the Codification?
The public is reminded that some
provisions of North Dakota’s hazardous
waste management program are not part
of the federally authorized State
program. These non-authorized
provisions include:
(1) Provisions that are not part of the
RCRA subtitle C program because they
are ‘‘broader in scope’’ than RCRA
subtitle C (see 40 CFR 271.1(i));
(2) Unauthorized amendments to
authorized State provisions;
(3) New unauthorized State
requirements; and
(4) State procedural and enforcement
authorities which are necessary to
establish the ability of the State’s
program to enforce compliance but
which do not supplant the federal
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statutory enforcement and procedural
authorities.
State provisions that are ‘‘broader-inscope’’ than the federal program are not
incorporated by reference in 40 CFR
part 272. For reference and clarity, 40
CFR 272.1751(c)(3) lists the North
Dakota statutory and regulatory
provisions which are ‘‘broader-inscope’’ than the federal program and
which are not part of the authorized
program being incorporated by
reference. While ‘‘broader-in-scope’’
provisions are not part of the authorized
program and cannot be enforced by
EPA; the State may enforce such
provisions under State law.
Additionally, North Dakota’s
hazardous waste regulations include
amendments which have not been
authorized by EPA. Since EPA cannot
enforce State requirements which have
not been reviewed and authorized in
accordance with RCRA section 3006 and
40 CFR part 271, it is important to be
precise in delineating the scope of a
State’s authorized hazardous waste
program. Regulatory provisions that
have not been authorized by EPA
include amendments to previously
authorized State regulations as well as
new State requirements.
In those instances where North
Dakota has made unauthorized
amendments to previously authorized
sections of State code, EPA is
identifying in 40 CFR 272.1751(c)(4) any
regulations which, while adopted by the
State and incorporated by reference,
include language not authorized by
EPA. Those unauthorized portions of
the State regulations are not federally
enforceable. Thus, notwithstanding the
language in the North Dakota hazardous
waste regulations incorporated by
reference at 40 CFR 272.1751(c)(1), EPA
will only enforce those portions of the
State regulations that are actually
authorized by EPA. For the convenience
of the regulated community, the actual
State regulatory text authorized by EPA
for the citations listed at 272.1751(c)(4)
(i.e., without the unauthorized
amendments) is compiled as a separate
document, Addendum to the EPA
Approved North Dakota Statutory and
Regulatory Requirements Applicable to
the Hazardous Waste Management
Program, July 2006. This document is
available from EPA Region 8, 1595
Wynkoop Street, Denver, Colorado
80202.
State provisions that are not
incorporated by reference in today’s rule
at 40 CFR 272.1751(c)(1), or that are not
listed in 40 CFR 272.1751(c)(2)
(‘‘procedural and enforcement’’), 40 CFR
272.1751(c)(3) (‘‘broader in scope’’) or
40 CFR 272.1751(c)(4) (‘‘unauthorized
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amendments to authorized State
provisions’’), are considered new
unauthorized State requirements. These
requirements are not federally
enforceable.
E. What Will be the Effect of Federal
HSWA Requirements on the
Codification?
With respect to any requirement(s)
pursuant to the Hazardous and Solid
Waste Amendments of 1984 (HSWA) for
which the State has not yet been
authorized and which EPA has
identified as taking effect immediately
in States with authorized hazardous
waste management programs, EPA will
enforce those federal HSWA standards
until the State is authorized for those
provisions.
The codification does not affect
federal HSWA requirements for which
the State is not authorized. EPA has
authority to implement HSWA
requirements in all States, including
States with authorized hazardous waste
management programs, until the States
become authorized for such
requirements or prohibitions, unless
EPA has identified the HSWA
requirement(s) as an optional or as a less
stringent requirement of the federal
program. A HSWA requirement or
prohibition, unless identified by EPA as
optional or as less stringent, supersedes
any less stringent or inconsistent State
provision which may have been
previously authorized by EPA (50 FR
28702, July 15, 1985).
Some existing State requirements may
be similar to the HSWA requirements
implemented by EPA. However, until
EPA authorizes those State
requirements, EPA enforces the HSWA
requirements and not the State analogs.
IV. 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 therefore this action is not subject
to review by OMB. This action
authorizes State requirements for the
purpose of RCRA 3006 and imposes no
additional requirements beyond those
imposed by State law. 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 preexisting 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
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governments, as described in the
Unfunded Mandates Reform Act of 1995
(Pub. L. 104–4). 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 rule 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 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
the rule 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 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.).
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Jkt 214001
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 action will be
effective April 14, 2008.
List of Subjects in 40 CFR Parts 271 and
272
Environmental protection,
Administrative practice and procedure,
Confidential business information,
Hazardous waste, Hazardous waste
transportation, Incorporation by
reference, 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, 6974(b).
Dated: January 22, 2008.
Carol Rushin,
Acting Regional Administrator, Region 8.
For the reasons set forth in the
preamble, under the authority at 42
U.S.C. 6912(a), 6926, and 6974(b), EPA
is granting final authorization under
part 271 to the State of North Dakota for
revisions to its hazardous waste
program under the Resource
Conservation and Recovery Act and is
amending 40 CFR part 272 as follows:
I
PART 272—APPROVED STATE
HAZARDOUS WASTE MANAGEMENT
PROGRAMS
1. The authority citation for part 272
continues to read as follows:
I
Authority: Secs. 2002(a), 3006, and 7004(b)
of the Solid Waste Disposal Act, as amended
by the Resource Conservation and Recovery
Act, as amended, 42 U.S.C. 6912(a), 6926,
and 6974(b).
Subpart JJ—[Amended]
2. Subpart JJ is amended by adding
§ 272.1751 to read as follows:
I
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8615
§ 272.1751 North Dakota Stateadministered program: Final authorization.
(a) Pursuant to section 3006(b) of
RCRA, 42 U.S.C. 6926(b), North Dakota
has final authorization for the following
elements as submitted to EPA in North
Dakota’s base program application for
final authorization which was approved
by EPA effective on October 19, 1984.
Subsequent program revision
applications were approved effective on
August 24, 1990, July 6, 1992, June 6,
1994, March 20, 2000, November 25,
2005, and April 14, 2008.
(b) The State of North Dakota has
primary responsibility for enforcing its
hazardous waste management program.
However, EPA retains the authority to
exercise its inspection and enforcement
authorities in accordance with sections
3007, 3008, 3013, 7003 of RCRA, 42
U.S.C. 6927, 6928, 6934, 6973, and any
other applicable statutory and
regulatory provisions, regardless of
whether the State has taken its own
actions, as well as in accordance with
other statutory and regulatory
provisions.
(c) State Statutes and Regulations.
(1) The North Dakota statutes and
regulations cited in paragraph (c)(1)(i) of
this section are incorporated by
reference as part of the hazardous waste
management program under subtitle C
of RCRA, 42 U.S.C. 6921, et seq. The
Director of the Federal Register
approves this incorporation by reference
in accordance with 5 U.S.C. 552(a) and
1 CFR part 51. You may obtain copies
of the North Dakota statutes that are
incorporated by reference from the
Matthew Bender & Company Inc., P. O.
Box 7587, Charlottesville, VA, 22906–
7587, phone number: (800) 833–9844.
You may obtain copies of the North
Dakota regulations that are incorporated
by reference in this paragraph from the
North Dakota Legislative Counsel,
Second Floor, State Capitol, 600 E
Boulevard, Bismarck ND 58505, phone:
(701) 328–2916. You may inspect a copy
at EPA Region 8, from 7 a.m. to 4 p.m.,
1595 Wynkoop Street, Denver, CO,
80202, or at the National Archives and
Records Administration (NARA). For
information on the availability of this
material at NARA, call 202–741–6030,
or go to: https://www.archives.gov/
federal-register/cfr/ibr-locations.html.
(i) The Binder entitled ‘‘EPA
Approved North Dakota Statutory and
Regulatory Requirements Applicable to
the Hazardous Waste Management
Program’’, dated July 2006.
(ii) [Reserved]
(2) EPA considered the following
statutes and regulations in evaluating
the State program but is not
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incorporating them herein for
enforcement purposes:
(i) North Dakota Century Code, 1998
Replacement, Volume 13A, North
Dakota Constitution, Article XI: Sections
5 and 6.
(ii) North Dakota Century Code, 2002
Replacement, Volume 4A, Chapter 23–
01 ‘‘Department of Health’’ Section 23–
01–04.1, (except (6)).
(iii) North Dakota Century Code,
Volume 4A, 2002 Replacement, as
amended by the 2005 Pocket
Supplement. Chapter 23–20.3
‘‘Hazardous Waste’’: Sections 23–20.3–
01, (except (5) and (6)); 23–20.3–02,
(except (1), (9), (11), (12), and (17)); 23–
20.3–03; 23–20.3–04; 23–20.3–05(3), (5),
(6), and (8); 23–20.3–06; 23–20.3–07;
23–20.3–08; 23–20.3–09; and 23–20.3–
10.
(iv) North Dakota Century Code,
Volume 4A, 2002 Replacement. Chapter
23–29 ‘‘Solid Waste Management’’:
Section 23–29–04.
(v) North Dakota Century Code,
Volume 5, 1991 Replacement. Chapter
28–32 ‘‘Administrative Agencies
Practice Act’’: Section 28–32–21.1.
(vi) North Dakota Century Code,
Volume 6, 1996 Replacement. Chapter
32–40 ‘‘Environmental Law
Enforcement’’: Sections 32–40–03; 32–
40–04; 32–40–05; 32–40–06; 32–40–07;
32–40–08; 32–40–09; 32–40–10; and 32–
40–11.
(vii) North Dakota Century Code,
Volume 9A, 2001 Replacement, as
amended by the 2003 Pocket
Supplement. Chapter 44–04 ‘‘Duties,
Records, and Meetings’’: Sections 44–
04–18; 44–04–18.1; 44–04–18.2; 44–04–
18.3; 44–04–18.4; 44–04–18.5; 44–04–
18.6; 44–04–18.7; 44–04–18.8; 44–04–
19; and 44–04–19.1.
(viii) North Dakota Administrative
Code (NDAC), Article 33–24, Hazardous
Waste Management, as amended
through December 1, 2003: sections 33–
24–01–15; 33–24–01–16; 33–24–06–05,
(except .1.c); 33–24–06–06.2 and .3; 33–
24–06–09; 33–24–06–15, (except
introductory paragraph through .1.a);
33–24–07–03.4; 33–24–07–04 through
33–24–07–14; and 33–24–07–25 through
33–24–07–27.
(3) The following statutory and
regulatory provisions are broader in
scope than the federal program, are not
part of the authorized program, are not
incorporated by reference and are not
federally enforceable:
(i) North Dakota Century Code, 2002
Replacement, Volume 4A, Chapter 23–
01: ‘‘Department of Health’’,
‘‘Rulemaking Authority and Procedure’’
Section 23–01–04.1(6).
(ii) North Dakota Century Code,
Volume 4A, 2002 Replacement, as
amended by the 2005 Pocket
Supplement. Chapter 23–20.3
‘‘Hazardous Waste’’: Sections 23–20.3–
02 (1); 23–20.3–05.1; 23–20.3–05.2; and
23–20.3–05.3.
(iii) North Dakota Administrative
Code (NDAC), Article 33–24,
‘‘Hazardous Waste Management’’, as
amended through December 1, 2003,
sections 33–24–04–02.3, 33–24–06–
14.3.a(4) and 33–24–06–21.
(iv) North Dakota’s hazardous waste
regulations set forth additional
transporter requirements including
permit requirements at 33–24–04–02.
The transporter permit requirements are
broader in scope than the federal
program.
(4) Unauthorized State Amendments.
(i) The authorized provisions at sections
of the NDAC Article 33:24, as amended
through December 1, 2003 include
amendments that are not approved by
EPA. Such unauthorized amendments
are not part of the State’s authorized
program and are, therefore, not federally
enforceable. Thus, notwithstanding the
language in the North Dakota hazardous
waste regulations incorporated by
reference at paragraph (c)(1)(i) of this
section, EPA will enforce the State
regulations that are actually authorized
by EPA. The effective dates of the
State’s authorized provisions are listed
in the following table.
NORTH DAKOTA ADMINISTRATIVE CODE (NDAC), ARTICLE 33–24
Description
33–24–02–07.4 introductory paragraph ..................................
33–24–03–12.2 ........................................................................
33–24–05–421 .........................................................................
33–24–06–17.2.y(8) .................................................................
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State citation
Residues of Hazardous Waste in Empty Containers .............
Accumulation Time ..................................................................
Applicability of Definitions .......................................................
Contents of Permit Application ................................................
(ii) The actual State regulatory text
authorized by EPA (i.e., without the
unauthorized amendments) is available
as a separate document, Addendum to
the EPA Approved North Dakota
Statutory and Regulatory Requirements
Applicable to the Hazardous Waste
Management Program, July 2006. This
document is available from EPA Region
8, from 9 a.m. to 4 p.m., 1595 Wynkoop
Street, Denver, Colorado 80202.
(5) Memorandum of Agreement. The
Memorandum of Agreement between
EPA Region 8 and the State of North
Dakota, signed by the State of North
Dakota State Department of Health on
June 6, 2003, and by the EPA Regional
Administrator on August 29, 2003,
although not incorporated by reference,
is referenced as part of the authorized
hazardous waste management program
under subtitle C of RCRA, 42 U.S.C.
6921, et seq.
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Jkt 214001
(6) Statement of Legal Authority.
‘‘Attorney General’s Statement:
Hazardous Waste Management
Program’’ signed by the Attorney
General of North Dakota on June 8,
1984, and revisions, supplements, and
addenda to that Statement dated
February 22, 1989, February 11, 1994,
October 13, 1999, April 23, 2004, and
August 19, 2004, although not
incorporated by reference, are
referenced as part of the authorized
hazardous waste management program
under subtitle C of RCRA, 42 U.S.C.
6921, et seq.
(7) Program Description. The Program
Description and any other materials
submitted as supplements thereto,
although not incorporated by reference,
are referenced as part of the authorized
hazardous waste management program
under subtitle C of RCRA, 42 U.S.C.
6921, et seq.
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Effective date
10/1/86
1/1/84
12/1/91
1/1/84
3. Appendix A to part 272 is amended
by adding in alphabetical order, ‘‘North
Dakota’’ and its listing to read as
follows:
I
Appendix A to Part 272—State
Requirements
*
*
*
*
*
North Dakota
(a) The statutory provisions include: North
Dakota Century Code, Volume 4A, 2002
Replacement. Chapter 23–20.3 ‘‘Hazardous
Waste’’: Sections 23–20.3–05(1), (2), (4), (7),
and (9). Copies of the North Dakota statutes
that are incorporated by reference are
available from the Matthew Bender &
Company Inc., P.O. Box 7587, Charlottesville,
VA 22906–7587, phone number: (800) 833–
9844.
(b) The regulatory provisions include:
North Dakota Administrative Code (NDAC),
Article 33–24, Hazardous Waste
Management, as amended through December
1, 2003.
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Please note the following:
For a few regulations, the authorized
regulation is an earlier version of the North
Dakota State regulation. For these
regulations, EPA authorized the version of
the regulations that appear in the North
Dakota Administrative Code dated July 1,
1997. North Dakota made later changes to
these regulations, but these changes have not
been authorized by EPA. The regulations
where the authorized regulation is an earlier
version of the regulation are noted below by
inclusion in parentheses of July 1, 1997 after
the regulatory citations.
Chapter 33–24–01—General Provisions:
Sections 33–24–01–01 through 33–24–01–14.
Chapter 33–24–02—Identification and
Listing of Hazardous Waste; 33–24–02–01;
33–24–02–02; 33–24–02–03 except .1.b(3)
and (6); 33–24–02–04 through 33–24–02–06;
33–24–02–07; 33–24–02–08 through 33–24–
02–19; 33–24–02–22; and Appendices I
through V.
Chapter 33–24–03—Standards for
Generators: Sections 33–24–03–01; 33–24–
03–02; 33–24–03–03.1 and .2; 33–24–03–
03.3, (except the phrases ‘‘and a transporter
permit’’ and ‘‘and applied for a permit’’); 33–
24–03–03.4; 33–24–03–04 through 33–24–
03–12; 33–24–03–13, (except the phrase
‘‘March first of each even-numbered year’’ in
.2); 33–24–03–14 through 33–24–03–24; 33–
24–03–30; 33–24–03–40; and Appendix I.
Chapter 33–24–04—Standards for
Transporters: Sections 33–24–04–01, (except
.4); 33–24–04–02.1, (except the phrase ‘‘, a
transporter permit, and a registration
certificate’’); 33–24–04–02.2, (except the
phrases ‘‘and a registration certificate, or a
transporter permit,’’ and ‘‘and issue a
registration certificate’’); and 33–24–04–03
through 33–24–04–08.
Chapter 33–24–05—Standards for
Treatment, Storage, and Disposal Facilities
and for the Management of Specific
Hazardous Wastes and Specific Types of
Hazardous Waste Management Facilities:
Sections 33–24–05–01; 33–24–05–02, (except
the second sentence); 33–24–05–03 through
33–24–05–10; 33–24–05–15 through 33–24–
05–20; 33–24–05–26 through 33–24–05–31;
33–24–05–37 through 33–24–05–44; 33–24–
05–47 through 33–24–05–50; 33–24–05–51,
(except Table 1); 33–24–05–51, Table 1 (July
1, 1997); 33–24–05–52 through 33–24–05–55;
33–24–05–56, (except .11); 33–24–05–57
through 33–24–05–69; 33–24–05–74 through
33–24–05–81; 33–24–05–89 through 33–24–
05–93; 33–24–05–94, (except .4.b); 33–24–
05–95 through 33–24–05–98; 33–24–05–103
through 33–24–05–115; 33–24–05–118
through 33–24–05–128; 33–24–05–130
through 33–24–05–138; 33–24–05–144
through 33–24–05–151; 33–24–05–160
through 33–24–05–170; 33–24–05–176
through 33–24–05–188; 33–24–05–201
through 33–24–05–204; 33–24–05–230; 33–
24–05–235; 33–24–05–250 through 33–24–
05–252; 33–24–05–253, (except .3); 33–24–
05–256, (except .1.b(2)); 33–24–05–258,
(except .4.b(2)); 33–24–05–265; 33–24–05–
270 through 33–24–05–279; 33–24–05–280,
(except .9); 33–24–05–281; 33–24–05–282,
(except .2); 33–24–05–283; 33–24–05–284.8
through .13; 33–24–05–285; 33–24–05–286;
33–24–05–288 through 33–24–05–290; 33–
VerDate Aug<31>2005
15:28 Feb 13, 2008
Jkt 214001
24–05–300 through 33–24–05–303; 33–24–
05–400, (except .4); 33–24–05–401 through
33–24–05–406; 33–24–05–420 through 33–
24–05–435; 33–24–05–450 through 33–24–
05–460; 33–24–05–475 through 33–24–05–
477; 33–24–05–501 through 33–24–05–506;
33–24–05–525 through 33–24–05–537; 33–
24–05–550 through 33–24–05–553; 33–24–
05–554, (except .1.b); 33–24–05–555; 33–24–
05–600; 33–24–05–610 through 33–24–05–
612; 33–24–05–620 through 33–24–05–624;
33–24–05–630 through 33–24–05–632; 33–
24–05–640 through 33–24–05–647; 33–24–
05–650 through 33–24–05–667; 33–24–05–
670 through 33–24–05–675; 33–24–05–680;
33–24–05–681; 33–24–05–701 through 33–
24–05–705; 33–24–05–708 through 33–24–
05–720; 33–24–05–730 through 33–24–05–
740; 33–24–05–750 through 33–24–05–756;
33–24–05–760 through 33–24–05–762; 33–
24–05–770; 33–24–05–780; 33–24–05–781;
33–24–05–800 through 33–24–05–802; 33–
24–05–820 through 33–24–05–826; 33–24–
05–850; 33–24–05–855 through 33–24–05–
857; 33–24–05–860; 33–24–05–865; 33–24–
05–866; 33–24–05–870; 33–24–05–875; 33–
24–05–880; 33–24–05–885; 33–24–05–890;
33–24–05–895 through 33–24–05–900; 33–
24–05–905; 33–24–05–910; 33–24–05–915;
33–24–05–916; and Appendices I through
VIII, X through XIII, XVI through XXIV; and
XXVI through XXIX.
Chapter 33–24–06—Permits: Sections 33–
24–06–01, (except .2.a); 33–24–06–01.2.a
(July 1, 1997); 33–24–06–02 through 33–24–
06–04; 33–24–06–05.1.c; 33–24–06–06,
(except .2 and .3); 33–24–06–07; 33–24–06–
08; 33–24–06–10 through 33–24–06–13; 33–
24–06–14, (except .3.a(4)); 33–24–06–14,
Appendix I; 33–24–06–15 introductory
paragraph through .1.a; 33–24–06–16.5
through .7; 33–24–06–17, (except .2.k and
.2.z); 33–24–06–18 through 33–24–06–20;
33–24–06–30 through 33–24–06–35; and 33–
24–06–100.
Chapter 33–24–07—Permitting Procedures:
Sections 33–24–07–01; 33–24–07–02; and
33–24–07–03, (except .4).
Copies of the North Dakota regulations that
are incorporated by reference are available
from North Dakota Legislative Counsel,
Second Floor, State Capitol, 600 E Boulevard,
Bismarck, ND 58505, phone number: (701)
328–2916.
*
*
*
*
*
[FR Doc. E8–2160 Filed 2–13–08; 8:45 am]
BILLING CODE 6560–50–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 20
[PS Docket No. 07–114; CC Docket No. 94–
102; WC Docket No. 05–196; FCC 07–166]
Wireless E911 Location Accuracy
Requirements
Federal Communications
Commission.
ACTION: Final rule.
AGENCY:
PO 00000
Frm 00031
Fmt 4700
Sfmt 4700
8617
SUMMARY: In this document, the Federal
Communications Commission
(Commission) amends its rules in order
to require wireless Enhanced 911 (E911)
Phase II location accuracy and
reliability standards at a geographical
level defined by the coverage area of a
Public Safety Answering Point (PSAP).
The Commission takes this step in order
to ensure an appropriate and consistent
compliance methodology with respect
to location accuracy standards.
DATES: The rules in 47 CFR 20.18(h)
contain information collection
requirements that have not been
approved by the Office of Management
and Budget (OMB). The Federal
Communications Commission will
publish a document in the Federal
Register announcing the effective date.
FOR FURTHER INFORMATION CONTACT:
Carol Simpson, Policy Division, Public
Safety and Homeland Security Bureau,
(202) 418–2391.
SUPPLEMENTARY INFORMATION: This is a
summary of the Commission’s Report
and Order (Order) in PS Docket No. 07–
114, CC Docket No. 94–102, WC Docket
No. 05–196, FCC 07–166, adopted
September 11, 2007, and released
November 20, 2007. The complete text
of this document is available for
inspection and copying during normal
business hours in the FCC Reference
Information Center, Room CY–A257,
445 12th Street, SW., Washington, DC
20554. This document may also be
obtained from the Commission’s
duplicating contractor, Best Copy and
Printing, Inc., in person at 445 12th
Street, SW., Room CY–B402,
Washington, DC 20554, via telephone at
(202) 488–5300, via facsimile at (202)
488–5563, or via e-mail at
FCC@BCPIWEB.COM. Alternative
formats (computer diskette, large print,
audio cassette, and Braille) are available
to persons with disabilities by sending
an e-mail to FCC504@fcc.gov or calling
the Consumer and Governmental Affairs
Bureau at (202) 418–0530, TTY (202)
418–0432. This document is also
available on the Commission’s Web site
at https://www.fcc.gov.
1. On June 1, 2007, we released a
Notice of Proposed Rulemaking (NPRM)
seeking comment on how to improve
911 location accuracy and reliability.
We found that although measuring
location accuracy at the PSAP level may
present challenges, the public interest
demands that carriers and technology
providers strive to ensure that when
wireless callers dial 911, emergency
responders are provided location
information that enables them to reach
the site of the emergency as quickly as
possible. In recognition of the fact that
E:\FR\FM\14FER1.SGM
14FER1
Agencies
[Federal Register Volume 73, Number 31 (Thursday, February 14, 2008)]
[Rules and Regulations]
[Pages 8610-8617]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-2160]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 271 and 272
[EPA-R08-RCRA-2006-0501; FRL-8524-7]
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: Immediate final rule.
-----------------------------------------------------------------------
SUMMARY: The Solid Waste Disposal Act, as amended, commonly referred to
as the Resource Conservation and Recovery Act (RCRA), allows the
Environmental Protection Agency (EPA) to authorize States to operate
their hazardous waste management programs in lieu of the federal
program. EPA uses the regulations entitled ``Approved State Hazardous
Waste Management Programs'' to provide notice of the authorization
status of State programs and to incorporate by reference those
provisions of the State regulations that will be subject to EPA's
inspection and enforcement. This rule codifies in the regulations the
prior approval of North Dakota's hazardous waste management program and
incorporates by reference authorized provisions of the State's
regulations. In addition, this document corrects errors made in the
Federal Register authorization documents for North Dakota published on
June 25, 1990 and September 26, 2005.
DATES: This final authorization will become effective on April 14,
2008, unless the EPA receives adverse written comment by March 17,
2008. If adverse comment is received, EPA will publish a timely
withdrawal of the immediate final rule in the Federal Register
informing the public that the rule will not take effect. The
incorporation by reference of authorized provisions in the North Dakota
statutes and regulations contained in this rule is approved by the
Director of the Federal Register as of April 14, 2008.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R08-
RCRA-2006-0501, by one of the following methods:
Federal eRulemaking Portal: https://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, Colorado 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 https://
www.regulations.gov, or e-mail. The federal web site, (https://
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 https://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 https://www.epa.gov/epahome/dockets.htm).
[[Page 8611]]
Docket: All documents in the docket are listed in the https://
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, EPA Region 8, 1595 Wynkoop Street, Denver, Colorado 80202,
(303) 312-6416, daly.carl@epa.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Authorization of Revisions to North Dakota's Hazardous Waste
Program
A. Why Are Revisions to State Programs Necessary?
B. What Decisions Have We Made in This Rule?
C. What Is the Effect of This Authorization Decision?
D. Why Wasn't There a Proposed Rule Before This Rule?
E. What Happens if the EPA Receives Comments That Oppose This
Action?
F. For What Has North Dakota Previously Been Authorized?
G. What Changes Are We Authorizing With This Action?
H. Why Are the Revised State Rules Different From the Federal
Rules?
I. Who Handles Permits After the Authorization Takes Effect?
J. How Does This Action Affect Indian Country (18 U.S.C. 1151)
in North Dakota?
II. Corrections
A. Corrections to June 25, 1990 (55 FR 25836) Authorization
Document
B. Corrections to September 26, 2005 (70 FR 56132) Authorization
Document
III. Incorporation by Reference
A. What is Codification?
B. What Decisions Have We Made in This Action?
C. What is the Effect of North Dakota's Codification on
Enforcement?
D. What State Provisions Are Not Part of the Codification?
E. What Will be the Effect of Federal HSWA Requirements on the
Codification?
IV. Statutory and Executive Order Reviews
I. Authorization of Revisions to North Dakota's Hazardous Waste Program
A. Why Are Revisions to State Programs Necessary?
States that have received final authorization from EPA under RCRA
Section 3006(b), 42 U.S.C. 6926(b), must maintain a hazardous waste
program equivalent to, consistent with, and no less stringent than the
federal program. As the federal program changes, States must change
their programs and ask EPA to authorize their 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 EPA's
regulations in 40 Code of Federal Regulations (CFR) parts 124, 260
through 266, 268, 270, 273, and 279.
B. What Decisions Have We Made in This Rule?
We conclude that North Dakota's application to revise its
authorized program meets all of the statutory and regulatory
requirements established by RCRA. Therefore, we grant North Dakota
final authorization to operate its hazardous waste program with the
changes described in the authorization application. North Dakota has
responsibility for permitting Treatment, Storage, and Disposal
Facilities (TSDFs) within its borders, except in Indian country, and
for carrying out those portions of the RCRA program described in its
revised program application, subject to the limitations of the
Hazardous and Solid Waste Amendments of 1984 (HSWA). New federal
requirements and prohibitions imposed by federal regulations that EPA
promulgates under the authority of HSWA take effect in authorized
States before they are authorized for the requirements. Thus, EPA will
implement those requirements and prohibitions in North Dakota,
including issuing permits, until North Dakota is authorized to do so.
C. What Is the Effect of This Authorization Decision?
The effect of this decision is that facilities in North Dakota
subject to RCRA will now have to comply with the authorized State
requirements instead of the equivalent federal requirements. North
Dakota has primary enforcement responsibility under its State hazardous
waste program for violations of the program, but EPA retains its
authority under RCRA sections 3007, 3008, 3013, and 7003, which
include, among others, the authority to conduct inspections and require
monitoring, tests, analyses, or reports; and enforce RCRA requirements
and suspend or revoke permits.
This action does not impose additional requirements on the
regulated community because the regulations for which North Dakota is
being authorized are already effective and are not changed by today's
action.
D. Why Wasn't There a Proposed Rule Before This Rule?
EPA did not publish a proposal before today's rule because this
action is a routine program change, and we do not expect comments
opposing this approval. We are providing an opportunity for public
comment at this time. In addition, in the proposed rules section of
today's Federal Register, there is a separate document that proposes to
authorize the State program changes. If we receive comments opposing
this authorization, that document will serve as a proposal to authorize
the changes.
E. What Happens if the EPA Receives Comments That Oppose This Action?
If EPA receives comments opposing this authorization, we will
withdraw this rule by publishing a notice in the Federal Register
before the rule becomes effective. We then will address all public
comments in a later Federal Register. You may not have another
opportunity to comment. If you want to comment on this action, you must
do so at this time.
If we receive comments opposing authorization of only a particular
change to the State hazardous waste program, we will withdraw that part
of the rule. However, the authorization of program changes that are not
opposed by any comments will become effective on the date specified
above. The Federal Register withdrawal document will specify which part
of the authorization will become effective and which part is being
withdrawn.
F. For What Has North Dakota Previously Been Authorized?
North Dakota initially received final authorization on October 5,
1984, effective October 19, 1984 (49 FR 39328) to implement the RCRA
hazardous waste management program. We granted authorization for
changes to their program on June 25, 1990, effective August 24, 1990
(55 FR 25836), May 4, 1992, effective July 6, 1992 (57 FR 19087), April
7, 1994, effective June 6, 1994 (59 FR 16566), January 19, 2000,
effective March 20, 2000 (65 FR 02897), and September 26, 2005,
effective November 25, 2005 (70 FR 56132).
[[Page 8612]]
G. What Changes Are We Authorizing With This Action?
On June 2, 2004, September 2, 2004, and October 26, 2004, North
Dakota submitted final revision applications, seeking authorization of
program changes in accordance with 40 CFR 271.21. During the approval
of the revisions in the September 26, 2005 Federal Register, we
inadvertently missed the rules being approved in this Federal Register.
We now make an immediate final decision, subject to receipt of written
comments opposing this action, that North Dakota's hazardous waste
program revision satisfies all of the requirements necessary for final
authorization. Therefore, we propose to grant North Dakota final
authorization for the following program changes:
1. Program Revision Changes for Federal Rules
North Dakota seeks authority to administer the federal requirements
that are listed below (the Federal Citation is followed by the analog
from the North Dakota Administrative Code (NDAC), Article 33-24, as
revised December 1, 2003): Universal Treatment Standards and Treatment
Standards for Organic Toxicity Characteristic Wastes and Newly Listed
Wastes (59 FR 47982, 09/19/94 and 60 FR 00242, 01/03/95) (Checklists
137 and 137.1)/33-24-01-09 introductory paragraph, 33-24-01-09.2, 33-
24-01-10.1 and 10.2, 33-24-01-11 introductory paragraph, 33-24-01-12
introductory paragraph, 33-24-01-12.1 and 12.2, 33-24-02-02.5.a.(3),
33-24-05-01.6.f, 33-24-05/Appendices VIII, and XXVIII, 33-24-05-204.1,
33-24-05-250.3.c.(2), 33-24-05-250.5.d, 33-24-05-251.1, 33-24-05-
251.10, 33-24-05-256.1.a, 33-24-05-256.1.b introductory paragraph, 33-
24-05-256.1.c introductory paragraph, 33-24-05-256.1.e thru 256.1.j,
33-24-05-256.2.c.(2), 33-24-05-256.2.d.(4), 33-24-05-256.4 and .4.a,
33-24-05-258.1, 33-24-05-258.4.a.(1) and (2), 33-24-05-258.4.b.(1), 33-
24-05-278.1 thru .5, 33-24-05-280.1 thru 280.6, 33-24-05-280/Table, 33-
24-05-281, 33-24-05-282.1, 33-24-05-282.1/Tables 1, 33-24-05-282.3.b,
33-24-05-282.4, 33-24-05-283, 33-24-05-283/Table CCW, 33-24-05-285.2.b,
33-24-05-286, 33-24-05-288, 33-24-05-288/Table UTS, 33-24-05-525.4.a,
33-24-05-525.4.c, 33-24-05-525.4.c.(1), 33-24-05-525.4.c.(1)(a), 33-24-
05-525.4.c.(2), 33-24-06-16.5; Kraft Mill Steam Stripper Condensate
Exclusion (63 FR 18504, 04/15/98) (Checklist 164)/33-24-02-04.1.o; CAMU
Amendments (67 FR 02962, 01/22/02) (Checklist 196)/33-24-01-04, 33-24-
01-04.99, 33-24-05-550.1 and .2, 33-24-05-551.1, 33-24-05-552.1 thru
552.1.e, 33-24-05-552.2.a thru 33-24-05-552.11, 33-24-05-554.1.a and
.b, 33-24-05-555.1 thru 555.7; Recycled Used Oil Management Standards;
Clarification (68 FR 44659, 07/30/03) (Checklist 203)/33-24-02-05.10,
33-24-05-610.9, 33-24-05-674, 33-24-05-674.2 thru 674.2.d.
2. State-Initiated Changes
North Dakota has made amendments to its regulations that are not
directly related to any of the federal rules addressed in Item G.1
above. These State-initiated changes are either conforming changes made
to existing authorized provisions, or the adoption of provisions that
clarify and make the State's regulations internally consistent. The
State's regulations, as amended by these provisions, provide authority
which remains equivalent to and no less stringent than the federal laws
and regulations. These State-initiated changes are submitted under the
requirements of 40 CFR 271.21(a) and include the following provisions
from the North Dakota Administrative Code (NDAC), Article 33-24, as
revised December 1, 2003, (unless otherwise indicated): 33-24-01-03;
33-24-01-04.5 ``Administrator'' or ``regional administrator''; 33-24-
01-07; 33-24-01-13 introductory paragraph and .1 through .4; 33-24-01-
13.5; 33-24-01-14; 33-24-01-15; 33-24-02-01.1.b through .d; 33-24-02-
04.1 introductory paragraph and .1.a through .e; 33-24-02-04.2
introductory paragraph; 33-24-02-04.2.i; 33-24-02-04.3 and .4.a
introductory paragraph; 33-24-02-05.5.b; 33-24-02-05.7.b; 33-24-02-18.1
through .2; 33-24-02-18.4; 33-24-02-19.2.b(3)(a); 33-24-03-02.1 and .2;
33-24-03-02.3.c; 33-24-03-07.1.a and .b; 33-24-03-13.2, (except the
phrase ``March first of each even-numbered year''); 33-24-03-14.1
introductory paragraph; 33-24-03-14.1.a and .b; 33-24-03-14.2; 33-24-
03-14.3; 33-24-03-15.2 introductory paragraph; 33-24-03-16.1; 33-24-03-
17; 33-24-03-20; 33-24-03-40; 33-24-04-04.4.a and .b; 33-24-04-
04.6.a(3)(c) and .6.a(4); 33-24-04-04.6.c(1) and (2); 33-24-04-
04.6.d(1) and (2); 33-24-04-04.7.a and .b; 33-24-04-04.8.b(3); 33-24-
04-06.3.a; 33-24-05-01.5; 33-24-05-01.8; 33-24-05-29.6; 33-24-05-40.2.j
through .n; 33-24-05-40.2.o and .p; 33-24-05-42 introductory paragraph;
33-24-05-44 introductory paragraph; 33-24-05-50; 33-24-05-51, (except
Table 1); 33-24-05-61.1 introductory paragraph and .1.a; 33-24-05-63;
33-24-05-64; 33-24-05-67.1 through .2 introductory paragraph; 33-24-05-
67.4.c and .d; 33-24-05-74.1 and .2 introductory paragraph; 33-24-05-
77.6.a introductory paragraph; 33-24-05-77.6.a(1) introductory
paragraph and (a); 33-24-05-77.6.a(1)(c); 33-24-05-77.6.a(2)
introductory paragraph and (a); 33-24-05-77.6.a(2)(c); 33-24-05-77.6.b
through .i; 33-24-05-77.6.k; 33-24-05-79.1.a(1) and (2); 33-24-05-
79.2.a(1) and (2); 33-24-05-79.6.a and .b; 33-24-05-79.6.c introductory
paragraph; 33-24-05-79.6.c(2) and (3); 33-24-05-79.6.d and .e; 33-24-
05-79.6.g; 33-24-05-80.1; 33-24-05-81.1; 33-24-05-81.9; 33-24-05-81.10;
33-24-05-93; 33-24-05-105; 33-24-05-108.2.a; 33-24-05-118; 33-24-05-
119.1 introductory paragraph; 33-24-05-119.1.a through .c; 33-24-05-
119.2; 33-24-05-119.5; 33-24-05-120.1 through .3; 33-24-05-121; 33-24-
05-122.1 through .2.a; 33-24-05-122.2.c and .d; 33-24-05-122.3; 33-24-
05-123.1 through .3; 33-24-05-124; 33-24-05-125; 33-24-05-131.1
introductory paragraph; 33-24-05-131.1.a and .b; 33-24-05-132.1; 33-24-
05-165.1.a; 33-24-05-177.1 introductory paragraph through .2.c; 33-24-
05-177.5 introductory paragraph; 33-24-05-177.5.b; 33-24-05-178.1; 33-
24-05-182; 33-24-05-183.1 introductory paragraph; 33-24-05-183.4,
(except .4.a(2)); 33-24-05-271.1; 33-24-05-406.1.a; 33-24-05-435; 33-
24-05-476; 33-24-05-501; 33-24-05-504.2.a and .b; 33-24-05, Appendices
III and IV; 33-24-06-01.2.b(9), (except .2.b(9)(a)(4) and .2.b(9)(c));
33-24-06-01.2.c; 33-24-06-01.10; 33-24-06-03.2 and .3; 33-24-06-
04.10.c; 33-24-06-04.12.f and .j; 33-24-06-06.1; 33-24-06-08.2; 33-24-
06-14.5.b(1)(a); 33-24-06-14.5.c(2)(b); 33-24-06-14.6; 33-24-06-
17.2.u(2)(a); 33-24-06-17.2.v(2); 33-24-06-17.3, (except .d(2)); 33-24-
06-18.2 introductory paragraph through .2.c(6); 33-24-07-05.2.b; 33-24-
07-06.3.a(5) and (6).
Since the base program, North Dakota has removed certain provisions
from the authorized program regulations which resulted in the
clarification of the State's program. These provisions have been
reviewed and we have determined that it is appropriate for the State to
remove them and that their removal has no impact on the equivalency or
consistency with the federal program. The provisions removed were NDAC
sections 33-24-05-116.1.b, .c, and .e, and 33-24-05-251.2, as found in
the December 1, 1988 version of the regulations; and 33-24-06-
17.2.v.(3)(b) and (c), 33-24-06-17.2.z, and 33-24-06-20, as found in
the January 1, 1984 version of the regulations.
[[Page 8613]]
H. Why Are the Revised State Rules Different From the Federal Rules?
We consider the following State requirements to be more stringent
than the federal requirements: 33-24-03-12.1.a(1) and (2), because
North Dakota subjects generators to full status rather than interim
status standards; 33-24-05-108.2.a., because North Dakota requires
facilities to perform daily inspections of overfill and spill control
equipment rather than allowing the facility to determine the inspection
frequency.
There are no requirements that are broader-in-scope than the
federal program in these revisions.
North Dakota's rules, promulgated pursuant to this application,
contain several errors which may create confusion within the regulated
community. EPA has determined that the errors associated with the
issues do not pose implementation or enforcement problems. Therefore,
EPA will approve this application with the understanding that the State
will correct these items during its next rulemaking. These errors are
at the following citations within the North Dakota Administrative Code
(NDAC), revised December 1, 2003: 33-24-05-278.1, 33-24-05-
552.5.d.(4)(a), 33-24-05-552.5.d.(4)(e).
I. Who Handles Permits After the Authorization Takes Effect?
North Dakota will issue and administer permits for all the
provisions for which it is authorized. EPA will continue to administer
any RCRA hazardous waste permits or portions of permits that we issued
prior to the effective date of this authorization. EPA will transfer
any pending permit applications, completed permits, or pertinent file
information to North Dakota within 30 days of this approval. We will
not issue any more new permits or new portions of permits for the
provisions listed in section G. above after the effective date of this
authorization. EPA and North Dakota have agreed to joint permitting and
enforcement for those HSWA requirements for which North Dakota is not
yet authorized.
J. How Does This Action Affect Indian Country (18 U.S.C. 1151) in North
Dakota?
North Dakota is not authorized to carry out its hazardous waste
program in Indian country, as defined in 18 U.S.C. 1151. This includes,
but is not limited to:
1. Lands within the exterior boundaries of the following Indian
Reservations located within or abutting the State of North Dakota:
a. Fort Totten Indian Reservation
b. Fort Berthold Indian Reservation
c. Standing Rock Indian Reservation
e. Turtle Mountain Indian Reservation
2. Any land held in trust by the U.S. for an Indian tribe, and
3. Any other land, whether on or off a reservation that qualifies
as Indian country within the meaning of 18 U.S.C. 1151.
Therefore, this program revision does not extend to Indian country
where EPA will continue to implement and administer the RCRA program in
these lands.
II. Corrections
A. Corrections to June 25, 1990 (55 FR 25836) Authorization Document
There were four sections of the North Dakota Administrative Code
(NDAC) that were incorrectly authorized as part of the authorization
notice published June 25, 1990 (55 FR 25836). The State provisions 33-
24-05-254, 33-24-05-255, 33-24-05-282.2, and 33-24-05-284.1 through .7
should have been excluded from the authorized program as non-delegable
provisions. These State provisions are analogous to the following Part
268 sections for which States are not authorized because decisions made
pursuant to the sections require examination of national concerns:
268.5 (case-by-case effective date extensions), 268.42(b) (application
for alternate treatment method) and 268.44(a)-(g) (general treatment
standard variances). ``No migration'' petitions under 268.6 are also
handled by EPA.
B. Corrections to September 26, 2005 (70 FR 56132) Authorization
Document
There were typographical errors and omissions published as part of
the September 26, 2005 (70 FR 56132) authorization notice for North
Dakota. The corrections for the affected entries are as follows (the
corrections have been italicized):
1. In the entry for Checklist 156, ``33-24-06-800'' should be ``33-
24-05-800''; and the citations 33-24-06-01.2.b(9)(a)(4) and .2.b(9)(c)
were omitted;
2. In the entry for Checklist 157, ``33-24-02-01.3.i through fig.
1'' should be ``33-24-02-01.3.i through .3.l'';
3. In the entry for Checklist 158, ``33-24-532.6'' should be ``33-
24-05-532.6'';
4. In the entry for Checklist 167D, ``33-24-02-02.3.d/Chart 1''
should be ``33-24-02-02/Table 1''; and
5. In the entry for the Consolidated Checklist addressing Boilers
and Industrial Furnaces, ``33-24-05-529.1.a through 529.9'' should be
``33-24-05-529.1.a through 529.8''.
III. Incorporation by Reference
A. What is Codification?
Codification is the process of including the statutes and
regulations that comprise the State's authorized hazardous waste
management program into the CFR. Section 3006(b) of RCRA, as amended,
allows the Environmental Protection Agency (EPA) to authorize State
hazardous waste management programs. The State regulations authorized
by EPA supplant the federal regulations concerning the same matter with
the result that after authorization EPA enforces the authorized
regulations. Infrequently, State statutory language which acts to
regulate a matter is also authorized by EPA with the consequence that
EPA enforces the authorized statutory provision. EPA does not authorize
State enforcement authorities and does not authorize State procedural
requirements. EPA codifies the authorized State program in 40 CFR part
272 and incorporates by reference State statutes and regulations that
make up the approved program which is federally enforceable in
accordance with Sections 3007, 3008, 3013, and 7003 of RCRA, 42 U.S.C.
6927, 6928, 6934 and 6973, and any other applicable statutory and
regulatory provisions.
B. What Decisions Have We Made in This Action?
Today's action codifies EPA's authorization of North Dakota's base
hazardous waste management program and its revisions to that program.
This codification reflects the State program that will be in effect
when EPA's authorized revisions to the North Dakota hazardous waste
management program addressed in this final rule become final. Except as
discussed above in sections I.G. and II, this action does not reopen
any decision EPA previously made concerning the authorization of the
State's hazardous waste management program. EPA is not requesting
comments on its decisions published in the Federal Register notices
referenced in section I.F of this document concerning previous
revisions to the authorized program in North Dakota.
EPA is incorporating by reference EPA's approval of North Dakota's
hazardous waste management program by amending Subpart JJ to 40 CFR
part 272. This action amends Sec. 272.1751 and incorporates by
reference North Dakota's authorized hazardous waste statutes and
regulations. Section
[[Page 8614]]
272.1751 also references the demonstration of adequate enforcement
authority, including procedural and enforcement provisions, which
provide the legal basis for the State's implementation of the hazardous
waste management program. In addition, Sec. 272.1751 references the
Memorandum of Agreement, the Attorney General's Statements and the
Program Description, which are evaluated as part of the approval
process of the hazardous waste management program under Subtitle C of
RCRA.
C. What is the Effect of North Dakota's Codification on Enforcement?
EPA retains the authority under statutory provisions, including but
not limited to, RCRA sections 3007, 3008, 3013, and 7003, and other
applicable statutory and regulatory provisions to undertake inspections
and enforcement actions and to issue orders in all authorized States.
With respect to enforcement actions, EPA will rely on federal
sanctions, federal inspection authorities, and federal procedures
rather than the State analogs to these provisions. Therefore, the EPA
is not incorporating by reference North Dakota's inspection and
enforcement authorities nor are those authorities part of North
Dakota's approved State program which operates in lieu of the federal
program. 40 CFR 272.1751(c)(2) lists these authorities for
informational purposes, and also because EPA considered them in
determining the adequacy of North Dakota's procedural and enforcement
authorities. North Dakota's authority to inspect and enforce the
State's hazardous waste management program requirements continues to
operate independently under State law.
D. What State Provisions Are Not Part of the Codification?
The public is reminded that some provisions of North Dakota's
hazardous waste management program are not part of the federally
authorized State program. These non-authorized provisions include:
(1) Provisions that are not part of the RCRA subtitle C program
because they are ``broader in scope'' than RCRA subtitle C (see 40 CFR
271.1(i));
(2) Unauthorized amendments to authorized State provisions;
(3) New unauthorized State requirements; and
(4) State procedural and enforcement authorities which are
necessary to establish the ability of the State's program to enforce
compliance but which do not supplant the federal statutory enforcement
and procedural authorities.
State provisions that are ``broader-in-scope'' than the federal
program are not incorporated by reference in 40 CFR part 272. For
reference and clarity, 40 CFR 272.1751(c)(3) lists the North Dakota
statutory and regulatory provisions which are ``broader-in-scope'' than
the federal program and which are not part of the authorized program
being incorporated by reference. While ``broader-in-scope'' provisions
are not part of the authorized program and cannot be enforced by EPA;
the State may enforce such provisions under State law.
Additionally, North Dakota's hazardous waste regulations include
amendments which have not been authorized by EPA. Since EPA cannot
enforce State requirements which have not been reviewed and authorized
in accordance with RCRA section 3006 and 40 CFR part 271, it is
important to be precise in delineating the scope of a State's
authorized hazardous waste program. Regulatory provisions that have not
been authorized by EPA include amendments to previously authorized
State regulations as well as new State requirements.
In those instances where North Dakota has made unauthorized
amendments to previously authorized sections of State code, EPA is
identifying in 40 CFR 272.1751(c)(4) any regulations which, while
adopted by the State and incorporated by reference, include language
not authorized by EPA. Those unauthorized portions of the State
regulations are not federally enforceable. Thus, notwithstanding the
language in the North Dakota hazardous waste regulations incorporated
by reference at 40 CFR 272.1751(c)(1), EPA will only enforce those
portions of the State regulations that are actually authorized by EPA.
For the convenience of the regulated community, the actual State
regulatory text authorized by EPA for the citations listed at
272.1751(c)(4) (i.e., without the unauthorized amendments) is compiled
as a separate document, Addendum to the EPA Approved North Dakota
Statutory and Regulatory Requirements Applicable to the Hazardous Waste
Management Program, July 2006. This document is available from EPA
Region 8, 1595 Wynkoop Street, Denver, Colorado 80202.
State provisions that are not incorporated by reference in today's
rule at 40 CFR 272.1751(c)(1), or that are not listed in 40 CFR
272.1751(c)(2) (``procedural and enforcement''), 40 CFR 272.1751(c)(3)
(``broader in scope'') or 40 CFR 272.1751(c)(4) (``unauthorized
amendments to authorized State provisions''), are considered new
unauthorized State requirements. These requirements are not federally
enforceable.
E. What Will be the Effect of Federal HSWA Requirements on the
Codification?
With respect to any requirement(s) pursuant to the Hazardous and
Solid Waste Amendments of 1984 (HSWA) for which the State has not yet
been authorized and which EPA has identified as taking effect
immediately in States with authorized hazardous waste management
programs, EPA will enforce those federal HSWA standards until the State
is authorized for those provisions.
The codification does not affect federal HSWA requirements for
which the State is not authorized. EPA has authority to implement HSWA
requirements in all States, including States with authorized hazardous
waste management programs, until the States become authorized for such
requirements or prohibitions, unless EPA has identified the HSWA
requirement(s) as an optional or as a less stringent requirement of the
federal program. A HSWA requirement or prohibition, unless identified
by EPA as optional or as less stringent, supersedes any less stringent
or inconsistent State provision which may have been previously
authorized by EPA (50 FR 28702, July 15, 1985).
Some existing State requirements may be similar to the HSWA
requirements implemented by EPA. However, until EPA authorizes those
State requirements, EPA enforces the HSWA requirements and not the
State analogs.
IV. 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 therefore this action is not subject to review by OMB. This
action authorizes State requirements for the purpose of RCRA 3006 and
imposes no additional requirements beyond those imposed by State law.
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 preexisting 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
[[Page 8615]]
governments, as described in the Unfunded Mandates Reform Act of 1995
(Pub. L. 104-4). 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 rule 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 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 the rule 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 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.).
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 action will be effective April 14, 2008.
List of Subjects in 40 CFR Parts 271 and 272
Environmental protection, Administrative practice and procedure,
Confidential business information, Hazardous waste, Hazardous waste
transportation, Incorporation by reference, 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, 6974(b).
Dated: January 22, 2008.
Carol Rushin,
Acting Regional Administrator, Region 8.
0
For the reasons set forth in the preamble, under the authority at 42
U.S.C. 6912(a), 6926, and 6974(b), EPA is granting final authorization
under part 271 to the State of North Dakota for revisions to its
hazardous waste program under the Resource Conservation and Recovery
Act and is amending 40 CFR part 272 as follows:
PART 272--APPROVED STATE HAZARDOUS WASTE MANAGEMENT PROGRAMS
0
1. The authority citation for part 272 continues to read as follows:
Authority: Secs. 2002(a), 3006, and 7004(b) of the Solid Waste
Disposal Act, as amended by the Resource Conservation and Recovery
Act, as amended, 42 U.S.C. 6912(a), 6926, and 6974(b).
Subpart JJ--[Amended]
0
2. Subpart JJ is amended by adding Sec. 272.1751 to read as follows:
Sec. 272.1751 North Dakota State-administered program: Final
authorization.
(a) Pursuant to section 3006(b) of RCRA, 42 U.S.C. 6926(b), North
Dakota has final authorization for the following elements as submitted
to EPA in North Dakota's base program application for final
authorization which was approved by EPA effective on October 19, 1984.
Subsequent program revision applications were approved effective on
August 24, 1990, July 6, 1992, June 6, 1994, March 20, 2000, November
25, 2005, and April 14, 2008.
(b) The State of North Dakota has primary responsibility for
enforcing its hazardous waste management program. However, EPA retains
the authority to exercise its inspection and enforcement authorities in
accordance with sections 3007, 3008, 3013, 7003 of RCRA, 42 U.S.C.
6927, 6928, 6934, 6973, and any other applicable statutory and
regulatory provisions, regardless of whether the State has taken its
own actions, as well as in accordance with other statutory and
regulatory provisions.
(c) State Statutes and Regulations.
(1) The North Dakota statutes and regulations cited in paragraph
(c)(1)(i) of this section are incorporated by reference as part of the
hazardous waste management program under subtitle C of RCRA, 42 U.S.C.
6921, et seq. The Director of the Federal Register approves this
incorporation by reference in accordance with 5 U.S.C. 552(a) and 1 CFR
part 51. You may obtain copies of the North Dakota statutes that are
incorporated by reference from the Matthew Bender & Company Inc., P. O.
Box 7587, Charlottesville, VA, 22906-7587, phone number: (800) 833-
9844. You may obtain copies of the North Dakota regulations that are
incorporated by reference in this paragraph from the North Dakota
Legislative Counsel, Second Floor, State Capitol, 600 E Boulevard,
Bismarck ND 58505, phone: (701) 328-2916. You may inspect a copy at EPA
Region 8, from 7 a.m. to 4 p.m., 1595 Wynkoop Street, Denver, CO,
80202, or at the National Archives and Records Administration (NARA).
For information on the availability of this material at NARA, call 202-
741-6030, or go to: https://www.archives.gov/federal-register/cfr/ibr-
locations.html.
(i) The Binder entitled ``EPA Approved North Dakota Statutory and
Regulatory Requirements Applicable to the Hazardous Waste Management
Program'', dated July 2006.
(ii) [Reserved]
(2) EPA considered the following statutes and regulations in
evaluating the State program but is not
[[Page 8616]]
incorporating them herein for enforcement purposes:
(i) North Dakota Century Code, 1998 Replacement, Volume 13A, North
Dakota Constitution, Article XI: Sections 5 and 6.
(ii) North Dakota Century Code, 2002 Replacement, Volume 4A,
Chapter 23-01 ``Department of Health'' Section 23-01-04.1, (except
(6)).
(iii) North Dakota Century Code, Volume 4A, 2002 Replacement, as
amended by the 2005 Pocket Supplement. Chapter 23-20.3 ``Hazardous
Waste'': Sections 23-20.3-01, (except (5) and (6)); 23-20.3-02, (except
(1), (9), (11), (12), and (17)); 23-20.3-03; 23-20.3-04; 23-20.3-05(3),
(5), (6), and (8); 23-20.3-06; 23-20.3-07; 23-20.3-08; 23-20.3-09; and
23-20.3-10.
(iv) North Dakota Century Code, Volume 4A, 2002 Replacement.
Chapter 23-29 ``Solid Waste Management'': Section 23-29-04.
(v) North Dakota Century Code, Volume 5, 1991 Replacement. Chapter
28-32 ``Administrative Agencies Practice Act'': Section 28-32-21.1.
(vi) North Dakota Century Code, Volume 6, 1996 Replacement. Chapter
32-40 ``Environmental Law Enforcement'': Sections 32-40-03; 32-40-04;
32-40-05; 32-40-06; 32-40-07; 32-40-08; 32-40-09; 32-40-10; and 32-40-
11.
(vii) North Dakota Century Code, Volume 9A, 2001 Replacement, as
amended by the 2003 Pocket Supplement. Chapter 44-04 ``Duties, Records,
and Meetings'': Sections 44-04-18; 44-04-18.1; 44-04-18.2; 44-04-18.3;
44-04-18.4; 44-04-18.5; 44-04-18.6; 44-04-18.7; 44-04-18.8; 44-04-19;
and 44-04-19.1.
(viii) North Dakota Administrative Code (NDAC), Article 33-24,
Hazardous Waste Management, as amended through December 1, 2003:
sections 33-24-01-15; 33-24-01-16; 33-24-06-05, (except .1.c); 33-24-
06-06.2 and .3; 33-24-06-09; 33-24-06-15, (except introductory
paragraph through .1.a); 33-24-07-03.4; 33-24-07-04 through 33-24-07-
14; and 33-24-07-25 through 33-24-07-27.
(3) The following statutory and regulatory provisions are broader
in scope than the federal program, are not part of the authorized
program, are not incorporated by reference and are not federally
enforceable:
(i) North Dakota Century Code, 2002 Replacement, Volume 4A, Chapter
23-01: ``Department of Health'', ``Rulemaking Authority and Procedure''
Section 23-01-04.1(6).
(ii) North Dakota Century Code, Volume 4A, 2002 Replacement, as
amended by the 2005 Pocket Supplement. Chapter 23-20.3 ``Hazardous
Waste'': Sections 23-20.3-02 (1); 23-20.3-05.1; 23-20.3-05.2; and 23-
20.3-05.3.
(iii) North Dakota Administrative Code (NDAC), Article 33-24,
``Hazardous Waste Management'', as amended through December 1, 2003,
sections 33-24-04-02.3, 33-24-06-14.3.a(4) and 33-24-06-21.
(iv) North Dakota's hazardous waste regulations set forth
additional transporter requirements including permit requirements at
33-24-04-02. The transporter permit requirements are broader in scope
than the federal program.
(4) Unauthorized State Amendments. (i) The authorized provisions at
sections of the NDAC Article 33:24, as amended through December 1, 2003
include amendments that are not approved by EPA. Such unauthorized
amendments are not part of the State's authorized program and are,
therefore, not federally enforceable. Thus, notwithstanding the
language in the North Dakota hazardous waste regulations incorporated
by reference at paragraph (c)(1)(i) of this section, EPA will enforce
the State regulations that are actually authorized by EPA. The
effective dates of the State's authorized provisions are listed in the
following table.
North Dakota Administrative Code (NDAC), Article 33-24
------------------------------------------------------------------------
State citation Description Effective date
------------------------------------------------------------------------
33-24-02-07.4 introductory Residues of Hazardous 10/1/86
paragraph. Waste in Empty
Containers.
33-24-03-12.2................. Accumulation Time.... 1/1/84
33-24-05-421.................. Applicability of 12/1/91
Definitions.
33-24-06-17.2.y(8)............ Contents of Permit 1/1/84
Application.
------------------------------------------------------------------------
(ii) The actual State regulatory text authorized by EPA (i.e.,
without the unauthorized amendments) is available as a separate
document, Addendum to the EPA Approved North Dakota Statutory and
Regulatory Requirements Applicable to the Hazardous Waste Management
Program, July 2006. This document is available from EPA Region 8, from
9 a.m. to 4 p.m., 1595 Wynkoop Street, Denver, Colorado 80202.
(5) Memorandum of Agreement. The Memorandum of Agreement between
EPA Region 8 and the State of North Dakota, signed by the State of
North Dakota State Department of Health on June 6, 2003, and by the EPA
Regional Administrator on August 29, 2003, although not incorporated by
reference, is referenced as part of the authorized hazardous waste
management program under subtitle C of RCRA, 42 U.S.C. 6921, et seq.
(6) Statement of Legal Authority. ``Attorney General's Statement:
Hazardous Waste Management Program'' signed by the Attorney General of
North Dakota on June 8, 1984, and revisions, supplements, and addenda
to that Statement dated February 22, 1989, February 11, 1994, October
13, 1999, April 23, 2004, and August 19, 2004, although not
incorporated by reference, are referenced as part of the authorized
hazardous waste management program under subtitle C of RCRA, 42 U.S.C.
6921, et seq.
(7) Program Description. The Program Description and any other
materials submitted as supplements thereto, although not incorporated
by reference, are referenced as part of the authorized hazardous waste
management program under subtitle C of RCRA, 42 U.S.C. 6921, et seq.
0
3. Appendix A to part 272 is amended by adding in alphabetical order,
``North Dakota'' and its listing to read as follows:
Appendix A to Part 272--State Requirements
* * * * *
North Dakota
(a) The statutory provisions include: North Dakota Century Code,
Volume 4A, 2002 Replacement. Chapter 23-20.3 ``Hazardous Waste'':
Sections 23-20.3-05(1), (2), (4), (7), and (9). Copies of the North
Dakota statutes that are incorporated by reference are available
from the Matthew Bender & Company Inc., P.O. Box 7587,
Charlottesville, VA 22906-7587, phone number: (800) 833-9844.
(b) The regulatory provisions include: North Dakota
Administrative Code (NDAC), Article 33-24, Hazardous Waste
Management, as amended through December 1, 2003.
[[Page 8617]]
Please note the following:
For a few regulations, the authorized regulation is an earlier
version of the North Dakota State regulation. For these regulations,
EPA authorized the version of the regulations that appear in the
North Dakota Administrative Code dated July 1, 1997. North Dakota
made later changes to these regulations, but these changes have not
been authorized by EPA. The regulations where the authorized
regulation is an earlier version of the regulation are noted below
by inclusion in parentheses of July 1, 1997 after the regulatory
citations.
Chapter 33-24-01--General Provisions: Sections 33-24-01-01
through 33-24-01-14.
Chapter 33-24-02--Identification and Listing of Hazardous Waste;
33-24-02-01; 33-24-02-02; 33-24-02-03 except .1.b(3) and (6); 33-24-
02-04 through 33-24-02-06; 33-24-02-07; 33-24-02-08 through 33-24-
02-19; 33-24-02-22; and Appendices I through V.
Chapter 33-24-03--Standards for Generators: Sections 33-24-03-
01; 33-24-03-02; 33-24-03-03.1 and .2; 33-24-03-03.3, (except the
phrases ``and a transporter permit'' and ``and applied for a
permit''); 33-24-03-03.4; 33-24-03-04 through 33-24-03-12; 33-24-03-
13, (except the phrase ``March first of each even-numbered year'' in
.2); 33-24-03-14 through 33-24-03-24; 33-24-03-30; 33-24-03-40; and
Appendix I.
Chapter 33-24-04--Standards for Transporters: Sections 33-24-04-
01, (except .4); 33-24-04-02.1, (except the phrase ``, a transporter
permit, and a registration certificate''); 33-24-04-02.2, (except
the phrases ``and a registration certificate, or a transporter
permit,'' and ``and issue a registration certificate''); and 33-24-
04-03 through 33-24-04-08.
Chapter 33-24-05--Standards for Treatment, Storage, and Disposal
Facilities and for the Management of Specific Hazardous Wastes and
Specific Types of Hazardous Waste Management Facilities: Sections
33-24-05-01; 33-24-05-02, (except the second sentence); 33-24-05-03
through 33-24-05-10; 33-24-05-15 through 33-24-05-20; 33-24-05-26
through 33-24-05-31; 33-24-05-37 through 33-24-05-44; 33-24-05-47
through 33-24-05-50; 33-24-05-51, (except Table 1); 33-24-05-51,
Table 1 (July 1, 1997); 33-24-05-52 through 33-24-05-55; 33-24-05-
56, (except .11); 33-24-05-57 through 33-24-05-69; 33-24-05-74
through 33-24-05-81; 33-24-05-89 through 33-24-05-93; 33-24-05-94,
(except .4.b); 33-24-05-95 through 33-24-05-98; 33-24-05-103 through
33-24-05-115; 33-24-05-118 through 33-24-05-128; 33-24-05-130
through 33-24-05-138; 33-24-05-144 through 33-24-05-151; 33-24-05-
160 through 33-24-05-170; 33-24-05-176 through 33-24-05-188; 33-24-
05-201 through 33-24-05-204; 33-24-05-230; 33-24-05-235; 33-24-05-
250 through 33-24-05-252; 33-24-05-253, (except .3); 33-24-05-256,
(except .1.b(2)); 33-24-05-258, (except .4.b(2)); 33-24-05-265; 33-
24-05-270 through 33-24-05-279; 33-24-05-280, (except .9); 33-24-05-
281; 33-24-05-282, (except .2); 33-24-05-283; 33-24-05-284.8 through
.13; 33-24-05-285; 33-24-05-286; 33-24-05-288 through 33-24-05-290;
33-24-05-300 through 33-24-05-303; 33-24-05-400, (except .4); 33-24-
05-401 through 33-24-05-406; 33-24-05-420 through 33-24-05-435; 33-
24-05-450 through 33-24-05-460; 33-24-05-475 through 33-24-05-477;
33-24-05-501 through 33-24-05-506; 33-24-05-525 through 33-24-05-
537; 33-24-05-550 through 33-24-05-553; 33-24-05-554, (except .1.b);
33-24-05-555; 33-24-05-600; 33-24-05-610 through 33-24-05-612; 33-
24-05-620 through 33-24-05-624; 33-24-05-630 through 33-24-05-632;
33-24-05-640 through 33-24-05-647; 33-24-05-650 through 33-24-05-
667; 33-24-05-670 through 33-24-05-675; 33-24-05-680; 33-24-05-681;
33-24-05-701 through 33-24-05-705; 33-24-05-708 through 33-24-05-
720; 33-24-05-730 through 33-24-05-740; 33-24-05-750 through 33-24-
05-756; 33-24-05-760 through 33-24-05-762; 33-24-05-770; 33-24-05-
780; 33-24-05-781; 33-24-05-800 through 33-24-05-802; 33-24-05-820
through 33-24-05-826; 33-24-05-850; 33-24-05-855 through 33-24-05-
857; 33-24-05-860; 33-24-05-865; 33-24-05-866; 33-24-05-870; 33-24-
05-875; 33-24-05-880; 33-24-05-885; 33-24-05-890; 33-24-05-895
through 33-24ndash;05-900; 33-24-05-905; 33-24-05-910; 33-24-05-915;
33-24-05-916; and Appendices I through VIII, X through XIII, XVI
through XXIV; and XXVI through XXIX.
Chapter 33-24-06--Permits: Sections 33-24-06-01, (except .2.a);
33-24-06-01.2.a (July 1, 1997); 33-24-06-02 through 33-24-06-04; 33-
24-06-05.1.c; 33-24-06-06, (except .2 and .3); 33-24-06-07; 33-24-
06-08; 33-24-06-10 through 33-24-06-13; 33-24-06-14, (except
.3.a(4)); 33-24-06-14, Appendix I; 33-24-06-15 introductory
paragraph through .1.a; 33-24-06-16.5 through .7; 33-24-06-17,
(except .2.k and .2.z); 33-24-06-18 through 33-24-06-20; 33-24-06-30
through 33-24-06-35; and 33-24-06-100.
Chapter 33-24-07--Permitting Procedures: Sections 33-24-07-01;
33-24-07-02; and 33-24-07-03, (except .4).
Copies of the North Dakota regulations that are incorporated by
reference are available from North Dakota Legislative Counsel,
Second Floor, State Capitol, 600 E Boulevard, Bismarck, ND 58505,
phone number: (701) 328-2916.
* * * * *
[FR Doc. E8-2160 Filed 2-13-08; 8:45 am]
BILLING CODE 6560-50-P