North Dakota: Authorization of State Hazardous Waste Management Program Revisions and Incorporation by Reference of Approved State Hazardous Waste Management Program, 54521-54525 [2018-23633]
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Federal Register / Vol. 83, No. 210 / Tuesday, October 30, 2018 / Rules and Regulations
3. This rule does not contain policies
with Federalism implications as that
term is defined in Executive Order
13132.
4. Pursuant to section 1762 of the
Export Control Reform Act of 2018
(Title XVII, Subtitle B of Pub. L. 115–
232), which was included in the John S.
McCain National Defense Authorization
Act for Fiscal Year 2019, this action is
exempt from the Administrative
Procedure Act (APA) (5 U.S.C. 553)
requirements for notice of proposed
rulemaking, opportunity for public
participation, and delay in effective
date.
5. Because a notice of proposed
rulemaking and an opportunity for
public comment are not required to be
given for this rule by the APA or any
other law, the analytical requirements of
the Regulatory Flexibility Act, 5 U.S.C.
601, et seq., are not applicable.
Accordingly, no regulatory flexibility
analysis is required and none has been
prepared.
List of Subjects in 15 CFR Part 744
Exports, Reporting and recordkeeping
requirements, Terrorism.
Accordingly, part 744 of the Export
Administration Regulations (15 CFR
parts 730–774) is amended as follows:
PART 744—[AMENDED]
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Authority: Pub. L. 115–232, Title XVII,
Subtitle B. 50 U.S.C. 4601 et seq.; 50 U.S.C.
1701 et seq.; 22 U.S.C. 3201 et seq.; 42 U.S.C.
2139a; 22 U.S.C. 7201 et seq.; 22 U.S.C. 7210;
E.O. 12058, 43 FR 20947, 3 CFR, 1978 Comp.,
p. 179; E.O. 12851, 58 FR 33181, 3 CFR, 1993
Comp., p. 608; E.O. 12938, 59 FR 59099, 3
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CHINA, PEOPLE’S REPUBLIC OF .....
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Fujian Jinhua Integrated Circuit Company, Ltd., a.k.a., the following one
alias: -JHICC.
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Dated: October 25, 2018.
Richard E. Ashooh,
Assistant Secretary for Export
Administration.
BILLING CODE 3510–33–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 271 and 272
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[EPA–R08–RCRA–2018–0084; FRL–9982–
08–Region 8]
North Dakota: Authorization of State
Hazardous Waste Management
Program Revisions and Incorporation
by Reference of Approved State
Hazardous Waste Management
Program
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
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This final rule is effective on
October 30, 2018. The incorporation by
reference of authorized provisions in the
North Dakota regulations contained in
this rule is approved by the Director of
the Federal Register as of October 30,
2018, in accordance with 5 U.S.C. 552(a)
and 1 CFR part 51.
The EPA has established a
docket for this action under Docket ID
ADDRESSES:
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License
review policy
Federal
Register
citation
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Presumption of denial.
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DATES:
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The Environmental Protection
Agency (EPA) is granting final
authorization to the hazardous waste
program revisions submitted by North
Dakota on September 20, 2016 and
March 24, 2017. The EPA published a
proposed rule on June 5, 2018, and
provided for public comment. The
comment period ended on July 5, 2018.
No comments were received for this
rulemaking. No further opportunity for
comment will be provided. This final
rule also codifies and incorporates by
reference the authorized provisions of
the North Dakota regulations in the
Code of Federal Regulations.
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For all items subject to the EAR.
(See § 744.11 of
the EAR).
SUMMARY:
[FR Doc. 2018–23693 Filed 10–29–18; 8:45 am]
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Sanchuang Park, Century Avenue,
Jinjiang City, Fujian Province, China.
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Supplement No. 4 to Part 744—Entity
List
License
requirement
Entity
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2. Supplement No. 4 to part 744 is
amended by adding in alphabetical
order, under CHINA, PEOPLE’S
REPUBLIC OF, one Chinese entity,
‘‘Fujian Jinhua Integrated Circuit
Company, Ltd.’’ to read as follows:
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1. The authority citation for 15 CFR
part 744 continues to read as follows:
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Country
CFR, 1994 Comp., p. 950; E.O. 12947, 60 FR
5079, 3 CFR, 1995 Comp., p. 356; E.O. 13026,
61 FR 58767, 3 CFR, 1996 Comp., p. 228; E.O.
13099, 63 FR 45167, 3 CFR, 1998 Comp., p.
208; E.O. 13222, 66 FR 44025, 3 CFR, 2001
Comp., p. 783; E.O. 13224, 66 FR 49079, 3
CFR, 2001 Comp., p. 786; Notice of
September 18, 2017, 82 FR 43825 (September
19, 2017); Notice of November 6, 2017, 82 FR
51971 (November 8, 2017); Notice of January
17, 2018, 83 FR 2731 (January 18, 2018);
Notice of August 8, 2018, 83 FR 39871
(August 13, 2018).
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83 FR [INSERT
FR PAGE NUMBER] 10/30/
2018.
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No. EPA–R08–RCRA–2018–0084. All
documents in the docket are listed on
the https://www.regulations.gov website.
Although listed in the index, some
information is not publicly available,
e.g., Confidential Business Information
(CBI) or other information whose
disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available either electronically through
https://www.regulations.gov or in hard
copy at: EPA Region 8, from 8:00 a.m.
to 4:00 p.m., 1595 Wynkoop Street,
Denver, Colorado 80202–1129, contact:
Moye Lin, phone number (303) 312–
6667, or the North Dakota Department of
Health (NDDH) from 9:00 a.m. to 4:00
p.m., 918 East Divide Avenue, 3rd
Floor, Bismarck, North Dakota 58501–
1947, phone number (701) 328–5166.
The public is advised to call in advance
to verify business hours.
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FOR FURTHER INFORMATION CONTACT:
Moye Lin, Resource Conservation and
Recovery Program, EPA Region 8, 1595
Wynkoop Street, Denver, Colorado
80202–1129; phone number (303) 312–
6667; Email address: lin.moye@epa.gov.
SUPPLEMENTARY INFORMATION:
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I. Authorization of Revisions to North
Dakota’s Hazardous Waste Program
and Clarification
North Dakota submitted a final
complete program revision application
on September 20, 2016, and March 24,
2017, seeking authorization of their
changes in accordance with 40 CFR
271.21. We now make a final decision
that North Dakota’s hazardous waste
program revisions satisfy all of the
requirements necessary to qualify for
final authorization. For a list of rules
that become effective with this final
rule, please see the proposed rule
published in the June 5, 2018 Federal
Register at 83 FR 25986. The EPA is
making one clarification to the proposed
rule with respect to the impact of the
vacatur of certain provisions of the
Revisions to the Definition of Solid
Waste (DSW) Rule published on January
13, 2015 (80 FR 1694), by the U.S. Court
of Appeals for the District of Columbia
Circuit, Am. Petroleum Inst. v. EPA, 862
F.3d 50 (D.C. Cir. 2017) and Am.
Petroleum Inst. v. EPA, No. 09–1038
(D.C. Cir. Mar. 6, 2018). On May 30,
2018 (83 FR 24664; Response to Vacatur
of Certain Provisions of the Definition of
Solid Waste Rule), the EPA published a
final which determined that for states
such as North Dakota that had adopted
the 2015 DSW rule, those state
provisions will be considered broader in
scope than the federal program as it
pertains to the specific vacated
provisions.
II. Incorporation by Reference
In the proposed rule published on
June 5, 2018 (83 FR 25986), the EPA
also proposed to codify the EPA’s
authorization of North Dakota’s base
hazardous waste management program
and the state’s revisions to that program.
In this action, the EPA is amending 40
CFR 272.1751 to incorporate by
reference North Dakota’s authorized
hazardous waste statutes and
regulations. In accordance with the
requirements of 1 CFR 51.5, the EPA is
incorporating by reference North
Dakota’s authorized hazardous waste
statutes and regulations as described in
Section I, above. The EPA has made,
and will continue to make, these
materials generally available
electronically through https://
www.regulations.gov and in hard copy
at the appropriate EPA office (see the
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ADDRESSES section of this preamble for
more information). Copies of the
regulations that are incorporated by
reference are also available from the
North Dakota Department of Health
(NDDH) from 9:00 a.m. to 4:00 p.m., 918
East Divide Avenue, 3rd Floor,
Bismarck, North Dakota 58501–1947,
phone number (701) 328–5166. The
public is advised to call in advance to
verify business hours.
Section 272.1751 also references
material which is not being
incorporated by reference, but which
the EPA considered in determining the
adequacy of North Dakota’s program.
Section 272.1751(c)(2) references the
demonstration of adequate authority,
including procedural and enforcement
provisions, which provides the legal
basis for the state’s implementation of
the hazardous waste management
program. In addition, § 272.1751(c)(5),
(c)(6), and (c)(7) reference the
Memorandum of Agreement, the
Attorney General’s Statements, and the
Program Description, respectively.
These documents are evaluated as part
of the approval process of the hazardous
waste management program in
accordance with subtitle C of RCRA but
are not part of the material to be
incorporated by reference. The public is
reminded that some provisions of North
Dakota’s hazardous waste 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. Federal rules for which North
Dakota is not authorized, but which
have been incorporated into the state
regulations because of the way the state
adopted federal regulations by
reference;
3. 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.
4. Federal rules which North Dakota
adopted, but which were vacated by the
U.S. Court of Appeals for the District of
Columbia Circuit (D.C. Cir. No. 09–
1038, rulings dated July 7, 2017, and
March 6, 2018).
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, the
EPA lists in 40 CFR 272.1751(c)(3) the
North Dakota statutory provisions that
are ‘‘broader in scope’’ than the federal
program, and which are not part of the
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authorized program being incorporated
by reference. While ‘‘broader in scope’’
provisions are not part of the authorized
program and cannot be enforced by the
EPA, the state may enforce such
provisions under state law.
North Dakota has adopted, but is not
authorized for, the federal rules
published in the Federal Register on
April 12, 1996 (61 FR 16290); October
22, 1998 (63 FR 56710), and January 8,
2010 (75 FR 1235). Therefore, these
federal amendments included in North
Dakota’s adoption by reference at
section 33–24–06–16.5 of the North
Dakota Administrative Code, are not
part of the state’s authorized program
and are not part of the incorporation by
reference. The June 5, 2018 proposed
rule provides details about state
provisions which are not part of this
amendment to the CFR, as well as the
effect of North Dakota’s codification on
enforcement and on federal
requirements promulgated under the
Hazardous and Solid Waste
Amendments of 1984 (HSWA).
III. Administrative Requirements
The Office of Management and Budget
(OMB) has exempted this action from
the requirements of Executive Orders
12866 (58 FR 51735, October 4, 1993)
and 13563 (76 FR 3821, January 21,
2011). This action authorizes and
codifies state requirements for the
purpose of RCRA section 3006 and
imposes no additional requirements
beyond those imposed by state law.
Therefore, this action is not subject to
review by OMB. This action is not
subject to Executive Order 13771 (82 FR
9339, February 3, 2017) because today’s
authorization and codification of North
Dakota’s revised hazardous waste
program under RCRA is exempted
under Executive Order 12866.
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 and codifies 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 governments, as
described in the Unfunded Mandates
Reform Act of 1995 (2 U.S.C. 1531–
1538). 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
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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 and codifies 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 action 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 action, 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 action 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 action does not impose an
information collection burden under the
provisions of the Paperwork Reduction
Act of 1995 (44 U.S.C. 3501 et seq.).
‘‘Burden’’ is defined at 5 CFR 1320.3(b).
Executive Order 12898 (59 FR 7629,
February 16, 1994) establishes federal
executive policy on environmental
justice. Its main provision directs
federal agencies, to the greatest extent
practicable and permitted by law, to
make environmental justice part of their
mission by identifying and addressing,
as appropriate, disproportionately high
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and adverse human health or
environmental effects of their programs,
policies, and activities on minority
populations and low-income
populations in the United States.
Because this rule authorizes and
codifies pre-existing state rules which
are at least equivalent to, and no less
stringent than existing federal
requirements, and imposes no
additional requirements beyond those
imposed by state law, and there are no
anticipated significant adverse human
health or environmental effects, the rule
is not subject to Executive Order 12898.
The Congressional Review Act, 5
U.S.C. 801–808, 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 October 30,
2018.
List of Subjects
40 CFR Part 271
Environmental protection,
Administrative practice and procedure,
Confidential business information,
Hazardous waste, Hazardous waste
transportation, Indian lands,
Intergovernmental relations, Penalties,
Reporting and recordkeeping
requirements.
40 CFR Part 272
Environmental protection, Hazardous
materials transportation, Hazardous
waste, Incorporation by reference,
Intergovernmental relations, Water
pollution control, Water supply.
Authority: This rule 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: October 24, 2018
Douglas Benevento,
Regional Administrator, EPA 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
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54523
Conservation and Recovery Act and is
amending 40 CFR part 272 as follows:
PART 272—APPROVED STATE
HAZARDOUS WASTE MANAGEMENT
PROGRAMS
1. The authority citation for part 272
continues to read as follows:
■
Authority: Sections 2002(a), 3006, and
7004(b) of the Solid Waste Disposal Act, as
amended by the Resource Conservation and
Recovery Act of 1976, as amended, 42 U.S.C.
6912(a), 6926, and 6974(b).
2. Revise § 272.1751 to read as
follows:
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§ 272.1751 North Dakota Stateadministered program: Final authorization.
(a) History of the State of North
Dakota authorization. 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 the EPA in North
Dakota’s base program application for
final authorization which was approved
by the 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, April 14, 2008, and October 30,
2018.
(b) Enforcement authority. The State
of North Dakota has primary
responsibility for enforcing its
hazardous waste management program.
However, the 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) Incorporation by reference. 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. This
incorporation by reference is approved
by the Director of the Federal Register
in accordance with 5 U.S.C. 552(a) and
1 CFR part 51. You may obtain copies
of the North Dakota regulations that are
incorporated by reference in this
paragraph from the North Dakota
Legislative Council, Second Floor, State
Capitol, 600 E Boulevard Avenue,
Bismarck, North Dakota 58505, phone
(701) 328–2916. You may inspect a copy
at EPA Region 8, 1595 Wynkoop Street,
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Denver, Colorado, phone number (303)
312–6231, 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: http:/www.archives.gov/
federal-register/cfr/ibr-locations.html.
(i) The Binder entitled ‘‘EPAApproved North Dakota Statutory and
Regulatory Requirements Applicable to
the Hazardous Waste Management
Program,’’ dated April 2018.
(ii) [Reserved]
(2) Legal basis. The EPA considered
the following statutes and regulations in
evaluating the state program but is not
incorporating them herein for
enforcement purposes:
(i) North Dakota Century Code
(NDCC), Volume 13A, 2012
Replacement, North Dakota
Constitution, Article XI: Sections 5 and
6.
(ii) North Dakota Century Code,
Volume 4A, 2012 Replacement. Chapter
23–01 ‘‘State Department of Health,’’
Section 23–01–04.1; Chapter 23–20.3
‘‘Hazardous Waste Management,’’
Sections 23–20.3–01, 23–20.3–02
introductory paragraph, (2), (3) through
(8), (10), (13) through (16), and (18); 23–
20.3–03; 23–20.3–04; 23–20.3–05(3), (5),
(6), and (8); 23–20.3–06 through 23–
20.3–10; and Chapter 23–29 ‘‘Solid
Waste Management and Land
Protection,’’ Section 23–29–04.
(iii) North Dakota Century Code,
Volume 4A, 2015 Pocket Supplement.
Chapter 23–01 ‘‘State Department of
Health,’’ Section 23–01–36.
(iv) North Dakota Century Code,
Volume 5, 2012 Replacement. Chapter
28–32 ‘‘Administrative Agencies
Practice Act,’’ Section 28–32–21.1
‘‘Actions against administrative
agencies—Attorney’s fees and costs.’’
(v) North Dakota Century Code,
Volume 6, 2012 Replacement. Chapter
32–40 ‘‘Environmental Law
Enforcement,’’ Sections 32–40–03
through 32–40–11.
(vi) North Dakota Century Code,
Volume 9A, 2012 Replacement, as
amended by the 2015 Pocket
Supplement. Chapter 44–04 ‘‘Duties,
records and meetings,’’ Sections 44–04–
18 through 19.1.
(vii) North Dakota Administrative
Code (NDAC), Article 33–24, Hazardous
Waste Management, as amended
through January 1, 2016. Sections 33–
24–01–15; 33–24–01–16; 33–24–06–05,
except .2.c; 33–24–06–06.2; 33–24–06–
09; 33–24–06–15.1.6 through .3.b; 33–
24–07–03.4; 33–24–07–04 through 33–
24–07–14; 33–24–07–25 through 33–24–
07–27; and 33–24–07–40 through 33–
24–07–54.
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(3) Related legal provisions. 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, 2012
Replacement, Volume 4A, Chapter 23–
01 ‘‘State Department of Health,’’
Section 23–01–04.1(6).
(ii) North Dakota Century Code,
Volume 4A, 2012 Replacement. Chapter
23–20.3 ‘‘Hazardous Waste
Management,’’ 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, Article 33–24, ‘‘Hazardous Waste
Management,’’ as amended through
January 1, 2016, Sections 33–24–01–
09.4; 33–24–01–10.4; 33–24–01–19.1.d;
33–24–02–04.1.y; 33–24–03–03.4; 33–
24–04–02.3; 33–24–05–02 second
sentence; 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
and provisions. (i) North Dakota has
partially or fully adopted, but is not
authorized to implement, the federal
rule published in the Federal Register
on October 22, 1998, titled Standards
Applicable to Owners and Operators of
Closed and Closing Hazardous Waste
Management Facilities: Post-Closure
Permit Requirement and Closure
Process; Final Rule (HSWA/nonHSWA). The EPA will continue to
implement the federal HSWA
requirements for which North Dakota is
not authorized until the state receives
specific authorization for those
requirements.
(ii) The following federal rules are not
delegable to states. North Dakota has
adopted these provisions and left the
authority to the EPA for implementation
and enforcement: Imports and Exports
of Hazardous Waste: Implementation of
OECD Council Decision C(92)39
Concerning the Control of Transfrontier
Movements of Wastes Destined for
Recovery Operations, published April
12, 1996; and Revisions to the
Requirements for: Transboundary
Shipments of Hazardous Wastes
Between OECD Member Countries,
Export Shipments of Spent Lead-Acid
Batteries, Submitting Exception Reports
for Export Shipments of Hazardous
Wastes, and Imports of Hazardous
Wastes, published January 8, 2010.
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(iii) North Dakota has adopted the
following federal provisions from the
Revisions to the Definition of Solid
Waste Rule, published January 13, 2015,
which have since been vacated by the
U.S. Court of Appeals for the District of
Columbia Circuit in Am. Petroleum Inst.
v. EPA, 862 F.3d 50 (D.C. Cir. 2017) and
Am. Petroleum Inst. v. EPA, No. 09–
1038 (D.C. Cir. Mar. 6, 2018) (vacating
both the Factor 4 Legitimacy Test and
the Verified Recycler Exclusion aspects
of the 2015 DSW Rule): One criterion in
the determination of whether recycling
is legitimate at 40 CFR 260.43(a)(4); the
verified recycler exclusion, which
allowed generators to send their
hazardous secondary materials to
certain reclaimers at 40 CFR
261.4(a)(24); and the associated
provisions at 40 CFR 260.30(d) and
260.31(d), which address the criteria in
the variance determination for
exceptions to the classification of
hazardous secondary materials as a
solid waste. As a result, those state
provisions will be considered broader in
scope than the federal program, as it
pertains to the specific vacated
provisions, and are listed in
§ 272.1751(c)(3)(iii) with the rest of
North Dakota’s broader in scope
regulatory provisions).
(5) Memorandum of Agreement. The
Memorandum of Agreement between
the EPA Region 8 and the State of North
Dakota, signed by the Environmental
Health Section of the North Dakota
Department of Health on July 18, 2016,
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, 1984,
October 13, 1999, April 23, 2004,
August 19, 2004, and December 5, 2016,
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, 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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Federal Register / Vol. 83, No. 210 / Tuesday, October 30, 2018 / Rules and Regulations
3. Appendix A to part 272 is amended
by revising the listing for ‘‘North
Dakota’’ to read as follows:
■
Appendix A to Part 272—State
Requirements
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khammond on DSK30JT082PROD with RULES
North Dakota
(a) The statutory provisions include: North
Dakota Century Code (NDCC), Volume 4A,
2012 Replacement. Chapter 23–20.3
‘‘Hazardous Waste Management,’’ 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
Matthew Bender & Company Inc., 701 E
Water Street, Charlottesville, VA 22902–
5389, phone number: (800) 833–9844.
(b) The regulatory provisions include:
North Dakota Administrative Code (NDAC),
Article 33–24, as revised January 1, 2016,
except reserved provisions.
Chapter 33–24–01—General provisions:
Sections 33–24–01–01 through 33–24–01–04,
33–24–01–05, except .2.k and .7.a; 33–24–
01–06 through 33–24–01–09; 33–24–01–10,
except .4.f; 33–24–01–11 through 33–24–01–
14; 33–24–01–17; 33–24–01–18; and 33–24–
01–19, except .1.d.
Chapter 33–24–02—Identification and
Listing of Hazardous Waste: Sections 33–24–
02–01 through 33–24–02–03; 33–24–02–04,
except .1.y; 33–24–02–05; 33–24–02–06,
except .1.e; 33–24–02–07 through 33–24–02–
10; 33–24–02–11, except the phrase ‘‘or a
miniflash continuously closed cup tester,
using the test method specified in American
Society for Testing and Material D6450–99
(incorporated by reference in section 33–24–
01–05)’’ in paragraph .1.a; 33–24–02–12
through 33–24–02–19; 33–24–02–25 through
33–24–02–27; 33–24–02–33 through 33–24–
02–42; 33–24–02–50 through 33–24–02–70;
33–24–02–120 through 33–24–02–129; 33–
24–02–170 through 33–24–02–175; 33–24–
02–180 through 33–24–02–194; 33–24–02–
200 through 33–24–02–209; and Appendices
I, IV, and V.
Chapter 33–24–03—Standards for
Generators: Sections 33–24–03–01, except .4;
33–24–03–02; 33–24–03–03.1 and .2; 33–24–
03–03.3 except the phrase ‘‘and a transporter
permit’’; 33–24–03–04 through 33–24–03–24;
33–24–03–30; 33–24–03–40; 33–24–03–60
through 33–24–03–77; and Appendix I.
VerDate Sep<11>2014
16:59 Oct 29, 2018
Jkt 247001
Chapter 33–24–04—Standards for
Transporters: Sections 33–24–04–01, except
.4 and Note following paragraph .3.b; 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,’’ in the first sentence, and ‘‘and issue
a registration certificate’’ in the second
sentence; 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 Waste 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, except
33–24–05–03.1; 33–24–05–04 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; 33–24–05–38, except .1.c and .4;
33–24–05–39 through 33–24–05–44; 33–24–
05–47 through 33–24–05–69; 33–24–05–74
through 33–24–05–81; 33–24–05–89 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,
except .2.c; 33–24–05–235, except .1/Table
entries (6) and (7); 33–24–05–250 through
33–24–05–253; 33–24–05–256; 33–24–05–
258; 33–24–05–265; 33–24–05–266; 33–24–
05–270 through 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 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 33–24–05–555; 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;
PO 00000
Frm 00009
Fmt 4700
Sfmt 9990
54525
33–24–05–750 through 33–24–05–756; 33–
24–05–760 through 33–24–05–762; 33–24–
05–770, except .4; 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; 33–24–05–950; 33–24–
05–951; 33–24–05–960; 33–24–05–961; 33–
24–05–963 through 33–24–05–968; 33–24–
05–980 through 33–24–05–986; 33–24–05–
990 through 33–24–05–998; 33–24–05–1010
through 33–24–05–1016; 33–24–05–1020;
33–24–05–1031; 33–24–05–1040 through 33–
24–05–1043; 33–24–05–1045 through 33–24–
05–1047; 33–24–05–1060 through 33–24–05–
1063; 33–24–05–1067; 33–24–05–1068; 33–
24–05–1071; 33–24–05–1080 through 33–24–
05–1087; 33–24–05–1100 through 33–24–05–
1114; 33–24–05–1130 through 33–24–05–
1138; and Appendices I through VIII, X
through XIII, XV through XXIV, and XXVI
through XXIX.
Chapter 33–24–06—Permits: Sections 33–
24–06–01; 33–24–06–02, 33–24–06–03,
except Note following paragraph .1.a.(2); 33–
24–06–04; 33–24–06–05.2.c; 33–24–06–06.1;
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); 33–24–06–15 introductory paragraph
through .1.a; 33–24–06–16.5 through .7; 33–
24–06–17 through 33–24–06–20; 33–24–06–
30 through 33–24–06–35; 33–24–06–45; 33–
24–06–48; 33–24–06–52; 33–24–06–56; 33–
24–06–57; 33–24–06–62; 33–24–06–65; 33–
24–06–70; 33–24–06–73; 33–24–06–76; 33–
24–06–80; 33–24–06–85; 33–24–06–100; and
Appendix I to Section 33–24–06–14.
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 East
Boulevard Avenue, Bismarck, North Dakota
58505, phone number: (701) 328–2916.
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[FR Doc. 2018–23633 Filed 10–29–18; 8:45 am]
BILLING CODE 6560–50–P
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]]>Agencies
[Federal Register Volume 83, Number 210 (Tuesday, October 30, 2018)]
[Rules and Regulations]
[Pages 54521-54525]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-23633]
=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 271 and 272
[EPA-R08-RCRA-2018-0084; FRL-9982-08-Region 8]
North Dakota: Authorization of State Hazardous Waste Management
Program Revisions and Incorporation by Reference of Approved State
Hazardous Waste Management Program
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is granting final
authorization to the hazardous waste program revisions submitted by
North Dakota on September 20, 2016 and March 24, 2017. The EPA
published a proposed rule on June 5, 2018, and provided for public
comment. The comment period ended on July 5, 2018. No comments were
received for this rulemaking. No further opportunity for comment will
be provided. This final rule also codifies and incorporates by
reference the authorized provisions of the North Dakota regulations in
the Code of Federal Regulations.
DATES: This final rule is effective on October 30, 2018. The
incorporation by reference of authorized provisions in the North Dakota
regulations contained in this rule is approved by the Director of the
Federal Register as of October 30, 2018, in accordance with 5 U.S.C.
552(a) and 1 CFR part 51.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R08-RCRA-2018-0084. All documents in the docket are
listed on the https://www.regulations.gov website. Although listed in
the index, some information is not publicly available, e.g.,
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Certain other material, such as
copyrighted material, is not placed on the internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available either electronically through https://www.regulations.gov or in hard copy at: EPA Region 8, from 8:00 a.m. to
4:00 p.m., 1595 Wynkoop Street, Denver, Colorado 80202-1129, contact:
Moye Lin, phone number (303) 312-6667, or the North Dakota Department
of Health (NDDH) from 9:00 a.m. to 4:00 p.m., 918 East Divide Avenue,
3rd Floor, Bismarck, North Dakota 58501-1947, phone number (701) 328-
5166. The public is advised to call in advance to verify business
hours.
[[Page 54522]]
FOR FURTHER INFORMATION CONTACT: Moye Lin, Resource Conservation and
Recovery Program, EPA Region 8, 1595 Wynkoop Street, Denver, Colorado
80202-1129; phone number (303) 312-6667; Email address:
[email protected].
SUPPLEMENTARY INFORMATION:
I. Authorization of Revisions to North Dakota's Hazardous Waste Program
and Clarification
North Dakota submitted a final complete program revision
application on September 20, 2016, and March 24, 2017, seeking
authorization of their changes in accordance with 40 CFR 271.21. We now
make a final decision that North Dakota's hazardous waste program
revisions satisfy all of the requirements necessary to qualify for
final authorization. For a list of rules that become effective with
this final rule, please see the proposed rule published in the June 5,
2018 Federal Register at 83 FR 25986. The EPA is making one
clarification to the proposed rule with respect to the impact of the
vacatur of certain provisions of the Revisions to the Definition of
Solid Waste (DSW) Rule published on January 13, 2015 (80 FR 1694), by
the U.S. Court of Appeals for the District of Columbia Circuit, Am.
Petroleum Inst. v. EPA, 862 F.3d 50 (D.C. Cir. 2017) and Am. Petroleum
Inst. v. EPA, No. 09-1038 (D.C. Cir. Mar. 6, 2018). On May 30, 2018 (83
FR 24664; Response to Vacatur of Certain Provisions of the Definition
of Solid Waste Rule), the EPA published a final which determined that
for states such as North Dakota that had adopted the 2015 DSW rule,
those state provisions will be considered broader in scope than the
federal program as it pertains to the specific vacated provisions.
II. Incorporation by Reference
In the proposed rule published on June 5, 2018 (83 FR 25986), the
EPA also proposed to codify the EPA's authorization of North Dakota's
base hazardous waste management program and the state's revisions to
that program. In this action, the EPA is amending 40 CFR 272.1751 to
incorporate by reference North Dakota's authorized hazardous waste
statutes and regulations. In accordance with the requirements of 1 CFR
51.5, the EPA is incorporating by reference North Dakota's authorized
hazardous waste statutes and regulations as described in Section I,
above. The EPA has made, and will continue to make, these materials
generally available electronically through https://www.regulations.gov
and in hard copy at the appropriate EPA office (see the ADDRESSES
section of this preamble for more information). Copies of the
regulations that are incorporated by reference are also available from
the North Dakota Department of Health (NDDH) from 9:00 a.m. to 4:00
p.m., 918 East Divide Avenue, 3rd Floor, Bismarck, North Dakota 58501-
1947, phone number (701) 328-5166. The public is advised to call in
advance to verify business hours.
Section 272.1751 also references material which is not being
incorporated by reference, but which the EPA considered in determining
the adequacy of North Dakota's program. Section 272.1751(c)(2)
references the demonstration of adequate authority, including
procedural and enforcement provisions, which provides the legal basis
for the state's implementation of the hazardous waste management
program. In addition, Sec. 272.1751(c)(5), (c)(6), and (c)(7)
reference the Memorandum of Agreement, the Attorney General's
Statements, and the Program Description, respectively. These documents
are evaluated as part of the approval process of the hazardous waste
management program in accordance with subtitle C of RCRA but are not
part of the material to be incorporated by reference. The public is
reminded that some provisions of North Dakota's hazardous waste 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. Federal rules for which North Dakota is not authorized, but
which have been incorporated into the state regulations because of the
way the state adopted federal regulations by reference;
3. 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.
4. Federal rules which North Dakota adopted, but which were vacated
by the U.S. Court of Appeals for the District of Columbia Circuit (D.C.
Cir. No. 09-1038, rulings dated July 7, 2017, and March 6, 2018).
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, the EPA lists in 40 CFR 272.1751(c)(3) the North
Dakota statutory provisions that 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 the EPA,
the state may enforce such provisions under state law.
North Dakota has adopted, but is not authorized for, the federal
rules published in the Federal Register on April 12, 1996 (61 FR
16290); October 22, 1998 (63 FR 56710), and January 8, 2010 (75 FR
1235). Therefore, these federal amendments included in North Dakota's
adoption by reference at section 33-24-06-16.5 of the North Dakota
Administrative Code, are not part of the state's authorized program and
are not part of the incorporation by reference. The June 5, 2018
proposed rule provides details about state provisions which are not
part of this amendment to the CFR, as well as the effect of North
Dakota's codification on enforcement and on federal requirements
promulgated under the Hazardous and Solid Waste Amendments of 1984
(HSWA).
III. Administrative Requirements
The Office of Management and Budget (OMB) has exempted this action
from the requirements of Executive Orders 12866 (58 FR 51735, October
4, 1993) and 13563 (76 FR 3821, January 21, 2011). This action
authorizes and codifies state requirements for the purpose of RCRA
section 3006 and imposes no additional requirements beyond those
imposed by state law. Therefore, this action is not subject to review
by OMB. This action is not subject to Executive Order 13771 (82 FR
9339, February 3, 2017) because today's authorization and codification
of North Dakota's revised hazardous waste program under RCRA is
exempted under Executive Order 12866. 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 and codifies pre-existing
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
governments, as described in the Unfunded Mandates Reform Act of 1995
(2 U.S.C. 1531-1538). 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
[[Page 54523]]
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 and codifies 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 action 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 action, 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 action 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 action does not impose an information collection burden
under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C.
3501 et seq.). ``Burden'' is defined at 5 CFR 1320.3(b).
Executive Order 12898 (59 FR 7629, February 16, 1994) establishes
federal executive policy on environmental justice. Its main provision
directs federal agencies, to the greatest extent practicable and
permitted by law, to make environmental justice part of their mission
by identifying and addressing, as appropriate, disproportionately high
and adverse human health or environmental effects of their programs,
policies, and activities on minority populations and low-income
populations in the United States. Because this rule authorizes and
codifies pre-existing state rules which are at least equivalent to, and
no less stringent than existing federal requirements, and imposes no
additional requirements beyond those imposed by state law, and there
are no anticipated significant adverse human health or environmental
effects, the rule is not subject to Executive Order 12898.
The Congressional Review Act, 5 U.S.C. 801-808, 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 October 30, 2018.
List of Subjects
40 CFR Part 271
Environmental protection, Administrative practice and procedure,
Confidential business information, Hazardous waste, Hazardous waste
transportation, Indian lands, Intergovernmental relations, Penalties,
Reporting and recordkeeping requirements.
40 CFR Part 272
Environmental protection, Hazardous materials transportation,
Hazardous waste, Incorporation by reference, Intergovernmental
relations, Water pollution control, Water supply.
Authority: This rule 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: October 24, 2018
Douglas Benevento,
Regional Administrator, EPA 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:
PART 272--APPROVED STATE HAZARDOUS WASTE MANAGEMENT PROGRAMS
0
1. The authority citation for part 272 continues to read as follows:
Authority: Sections 2002(a), 3006, and 7004(b) of the Solid
Waste Disposal Act, as amended by the Resource Conservation and
Recovery Act of 1976, as amended, 42 U.S.C. 6912(a), 6926, and
6974(b).
0
2. Revise Sec. 272.1751 to read as follows:
Sec. 272.1751 North Dakota State-administered program: Final
authorization.
(a) History of the State of North Dakota authorization. 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 the EPA in
North Dakota's base program application for final authorization which
was approved by the 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,
April 14, 2008, and October 30, 2018.
(b) Enforcement authority. The State of North Dakota has primary
responsibility for enforcing its hazardous waste management program.
However, the 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) Incorporation by reference.
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. This incorporation by reference is approved by the Director of the
Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51.
You may obtain copies of the North Dakota regulations that are
incorporated by reference in this paragraph from the North Dakota
Legislative Council, Second Floor, State Capitol, 600 E Boulevard
Avenue, Bismarck, North Dakota 58505, phone (701) 328-2916. You may
inspect a copy at EPA Region 8, 1595 Wynkoop Street,
[[Page 54524]]
Denver, Colorado, phone number (303) 312-6231, 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:
http:/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 April 2018.
(ii) [Reserved]
(2) Legal basis. The EPA considered the following statutes and
regulations in evaluating the state program but is not incorporating
them herein for enforcement purposes:
(i) North Dakota Century Code (NDCC), Volume 13A, 2012 Replacement,
North Dakota Constitution, Article XI: Sections 5 and 6.
(ii) North Dakota Century Code, Volume 4A, 2012 Replacement.
Chapter 23-01 ``State Department of Health,'' Section 23-01-04.1;
Chapter 23-20.3 ``Hazardous Waste Management,'' Sections 23-20.3-01,
23-20.3-02 introductory paragraph, (2), (3) through (8), (10), (13)
through (16), and (18); 23-20.3-03; 23-20.3-04; 23-20.3-05(3), (5),
(6), and (8); 23-20.3-06 through 23-20.3-10; and Chapter 23-29 ``Solid
Waste Management and Land Protection,'' Section 23-29-04.
(iii) North Dakota Century Code, Volume 4A, 2015 Pocket Supplement.
Chapter 23-01 ``State Department of Health,'' Section 23-01-36.
(iv) North Dakota Century Code, Volume 5, 2012 Replacement. Chapter
28-32 ``Administrative Agencies Practice Act,'' Section 28-32-21.1
``Actions against administrative agencies--Attorney's fees and costs.''
(v) North Dakota Century Code, Volume 6, 2012 Replacement. Chapter
32-40 ``Environmental Law Enforcement,'' Sections 32-40-03 through 32-
40-11.
(vi) North Dakota Century Code, Volume 9A, 2012 Replacement, as
amended by the 2015 Pocket Supplement. Chapter 44-04 ``Duties, records
and meetings,'' Sections 44-04-18 through 19.1.
(vii) North Dakota Administrative Code (NDAC), Article 33-24,
Hazardous Waste Management, as amended through January 1, 2016.
Sections 33-24-01-15; 33-24-01-16; 33-24-06-05, except .2.c; 33-24-06-
06.2; 33-24-06-09; 33-24-06-15.1.6 through .3.b; 33-24-07-03.4; 33-24-
07-04 through 33-24-07-14; 33-24-07-25 through 33-24-07-27; and 33-24-
07-40 through 33-24-07-54.
(3) Related legal provisions. 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, 2012 Replacement, Volume 4A, Chapter
23-01 ``State Department of Health,'' Section 23-01-04.1(6).
(ii) North Dakota Century Code, Volume 4A, 2012 Replacement.
Chapter 23-20.3 ``Hazardous Waste Management,'' 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, Article 33-24, ``Hazardous
Waste Management,'' as amended through January 1, 2016, Sections 33-24-
01-09.4; 33-24-01-10.4; 33-24-01-19.1.d; 33-24-02-04.1.y; 33-24-03-
03.4; 33-24-04-02.3; 33-24-05-02 second sentence; 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 and provisions. (i) North Dakota
has partially or fully adopted, but is not authorized to implement, the
federal rule published in the Federal Register on October 22, 1998,
titled Standards Applicable to Owners and Operators of Closed and
Closing Hazardous Waste Management Facilities: Post-Closure Permit
Requirement and Closure Process; Final Rule (HSWA/non-HSWA). The EPA
will continue to implement the federal HSWA requirements for which
North Dakota is not authorized until the state receives specific
authorization for those requirements.
(ii) The following federal rules are not delegable to states. North
Dakota has adopted these provisions and left the authority to the EPA
for implementation and enforcement: Imports and Exports of Hazardous
Waste: Implementation of OECD Council Decision C(92)39 Concerning the
Control of Transfrontier Movements of Wastes Destined for Recovery
Operations, published April 12, 1996; and Revisions to the Requirements
for: Transboundary Shipments of Hazardous Wastes Between OECD Member
Countries, Export Shipments of Spent Lead-Acid Batteries, Submitting
Exception Reports for Export Shipments of Hazardous Wastes, and Imports
of Hazardous Wastes, published January 8, 2010.
(iii) North Dakota has adopted the following federal provisions
from the Revisions to the Definition of Solid Waste Rule, published
January 13, 2015, which have since been vacated by the U.S. Court of
Appeals for the District of Columbia Circuit in Am. Petroleum Inst. v.
EPA, 862 F.3d 50 (D.C. Cir. 2017) and Am. Petroleum Inst. v. EPA, No.
09-1038 (D.C. Cir. Mar. 6, 2018) (vacating both the Factor 4 Legitimacy
Test and the Verified Recycler Exclusion aspects of the 2015 DSW Rule):
One criterion in the determination of whether recycling is legitimate
at 40 CFR 260.43(a)(4); the verified recycler exclusion, which allowed
generators to send their hazardous secondary materials to certain
reclaimers at 40 CFR 261.4(a)(24); and the associated provisions at 40
CFR 260.30(d) and 260.31(d), which address the criteria in the variance
determination for exceptions to the classification of hazardous
secondary materials as a solid waste. As a result, those state
provisions will be considered broader in scope than the federal
program, as it pertains to the specific vacated provisions, and are
listed in Sec. 272.1751(c)(3)(iii) with the rest of North Dakota's
broader in scope regulatory provisions).
(5) Memorandum of Agreement. The Memorandum of Agreement between
the EPA Region 8 and the State of North Dakota, signed by the
Environmental Health Section of the North Dakota Department of Health
on July 18, 2016, 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, 1984, October
13, 1999, April 23, 2004, August 19, 2004, and December 5, 2016,
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, 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.
[[Page 54525]]
0
3. Appendix A to part 272 is amended by revising the listing for
``North Dakota'' to read as follows:
Appendix A to Part 272--State Requirements
* * * * *
North Dakota
(a) The statutory provisions include: North Dakota Century Code
(NDCC), Volume 4A, 2012 Replacement. Chapter 23-20.3 ``Hazardous
Waste Management,'' 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 Matthew Bender & Company Inc., 701 E
Water Street, Charlottesville, VA 22902-5389, phone number: (800)
833-9844.
(b) The regulatory provisions include: North Dakota
Administrative Code (NDAC), Article 33-24, as revised January 1,
2016, except reserved provisions.
Chapter 33-24-01--General provisions: Sections 33-24-01-01
through 33-24-01-04, 33-24-01-05, except .2.k and .7.a; 33-24-01-06
through 33-24-01-09; 33-24-01-10, except .4.f; 33-24-01-11 through
33-24-01-14; 33-24-01-17; 33-24-01-18; and 33-24-01-19, except .1.d.
Chapter 33-24-02--Identification and Listing of Hazardous Waste:
Sections 33-24-02-01 through 33-24-02-03; 33-24-02-04, except .1.y;
33-24-02-05; 33-24-02-06, except .1.e; 33-24-02-07 through 33-24-02-
10; 33-24-02-11, except the phrase ``or a miniflash continuously
closed cup tester, using the test method specified in American
Society for Testing and Material D6450-99 (incorporated by reference
in section 33-24-01-05)'' in paragraph .1.a; 33-24-02-12 through 33-
24-02-19; 33-24-02-25 through 33-24-02-27; 33-24-02-33 through 33-
24-02-42; 33-24-02-50 through 33-24-02-70; 33-24-02-120 through 33-
24-02-129; 33-24-02-170 through 33-24-02-175; 33-24-02-180 through
33-24-02-194; 33-24-02-200 through 33-24-02-209; and Appendices I,
IV, and V.
Chapter 33-24-03--Standards for Generators: Sections 33-24-03-
01, except .4; 33-24-03-02; 33-24-03-03.1 and .2; 33-24-03-03.3
except the phrase ``and a transporter permit''; 33-24-03-04 through
33-24-03-24; 33-24-03-30; 33-24-03-40; 33-24-03-60 through 33-24-03-
77; and Appendix I.
Chapter 33-24-04--Standards for Transporters: Sections 33-24-04-
01, except .4 and Note following paragraph .3.b; 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,'' in the first
sentence, and ``and issue a registration certificate'' in the second
sentence; 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 Waste 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,
except 33-24-05-03.1; 33-24-05-04 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;
33-24-05-38, except .1.c and .4; 33-24-05-39 through 33-24-05-44;
33-24-05-47 through 33-24-05-69; 33-24-05-74 through 33-24-05-81;
33-24-05-89 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, except .2.c; 33-24-05-235, except .1/Table
entries (6) and (7); 33-24-05-250 through 33-24-05-253; 33-24-05-
256; 33-24-05-258; 33-24-05-265; 33-24-05-266; 33-24-05-270 through
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 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 33-24-05-555; 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, except .4; 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; 33-24-05-950; 33-24-05-951; 33-24-
05-960; 33-24-05-961; 33-24-05-963 through 33-24-05-968; 33-24-05-
980 through 33-24-05-986; 33-24-05-990 through 33-24-05-998; 33-24-
05-1010 through 33-24-05-1016; 33-24-05-1020; 33-24-05-1031; 33-24-
05-1040 through 33-24-05-1043; 33-24-05-1045 through 33-24-05-1047;
33-24-05-1060 through 33-24-05-1063; 33-24-05-1067; 33-24-05-1068;
33-24-05-1071; 33-24-05-1080 through 33-24-05-1087; 33-24-05-1100
through 33-24-05-1114; 33-24-05-1130 through 33-24-05-1138; and
Appendices I through VIII, X through XIII, XV through XXIV, and XXVI
through XXIX.
Chapter 33-24-06--Permits: Sections 33-24-06-01; 33-24-06-02,
33-24-06-03, except Note following paragraph .1.a.(2); 33-24-06-04;
33-24-06-05.2.c; 33-24-06-06.1; 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); 33-24-06-15
introductory paragraph through .1.a; 33-24-06-16.5 through .7; 33-
24-06-17 through 33-24-06-20; 33-24-06-30 through 33-24-06-35; 33-
24-06-45; 33-24-06-48; 33-24-06-52; 33-24-06-56; 33-24-06-57; 33-24-
06-62; 33-24-06-65; 33-24-06-70; 33-24-06-73; 33-24-06-76; 33-24-06-
80; 33-24-06-85; 33-24-06-100; and Appendix I to Section 33-24-06-
14.
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 East Boulevard Avenue, Bismarck,
North Dakota 58505, phone number: (701) 328-2916.
* * * * *
[FR Doc. 2018-23633 Filed 10-29-18; 8:45 am]
BILLING CODE 6560-50-P
