North Dakota: Codification and Incorporation by Reference of Approved State Underground Storage Tank Program, 65686-65689 [2019-25355]

Download as PDF 65686 Federal Register / Vol. 84, No. 230 / Friday, November 29, 2019 / Rules and Regulations FOR FURTHER INFORMATION CONTACT: ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 282 [EPA–R08–UST–2018–0728; FRL–10000– 51–Region 8] North Dakota: Codification and Incorporation by Reference of Approved State Underground Storage Tank Program Environmental Protection Agency (EPA). ACTION: Final rule. AGENCY: This rule codifies in the regulations the prior approval of North Dakota’s underground storage tank program and incorporates by reference approved provisions of the State’s regulations. The Environmental Protection Agency (EPA) uses the regulations entitled, ‘‘Approved Underground Storage Tank Programs,’’ to provide notification of the approval status of State programs and to incorporate by reference into the Code of Federal Regulations (CFR) those provisions of the State’s regulations that are approved and that the EPA will enforce under the Resource Conservation and Recovery Act (RCRA). The EPA previously provided notification and opportunity for comments on the Agency’s decisions to approve the North Dakota underground storage tank program, and the EPA is not reopening the decisions, nor requesting comments, on the approval of the North Dakota program, as published in the Federal Register documents specified in Section I.C of this document. DATES: This rule is effective December 30, 2019. The Director of the Federal Register approves this incorporation by reference as of December 30, 2019, in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. ADDRESSES: The documents that form the basis for this codification and associated publicly available materials are available electronically through https://www.regulations.gov (Docket ID No. EPA–R08–RCRA–2018–0728). You can also view and copy the documents from 8:30 a.m. to 4:00 p.m. Monday through Friday at the following location: EPA Region 8, 1595 Wynkoop Street, Denver, Colorado 80202–1129, phone number (303) 312–6435. Interested persons wanting to examine these documents should make an appointment with the office at least two days in advance. khammond on DSKJM1Z7X2PROD with RULES SUMMARY: VerDate Sep<11>2014 17:03 Nov 27, 2019 Jkt 250001 Benjamin Bents, Region 8, Project Officer, RCRA Branch, Land Chemical and Revitalization Division (8LCR–RC), EPA Region 8, 1595 Wynkoop Street, Denver, Colorado 80202–1129, 303– 312–6435, email address: bents.benjamin@epa.gov. SUPPLEMENTARY INFORMATION: I. Codification A. What is codification? Codification is the process of placing a State’s statutes and regulations that comprise the State’s approved UST program into the CFR. Section 9004(b) of RCRA, as amended, allows the EPA to approve State UST programs to operate in lieu of the Federal program. The EPA codifies its authorization of State programs in 40 CFR part 282 and incorporates by reference State regulations that the EPA will enforce under sections 9005 and 9006 of RCRA and any other applicable statutory provisions. The incorporation by reference of State authorized programs in the CFR should substantially enhance the public’s ability to discern the current status of the approved State program and State requirements that can be federally enforced. This effort provides clear notification to the public of the scope of the approved program in each State. B. Why wasn’t there a proposed rule before today’s rule? The EPA is publishing this rule to codify North Dakota’s approved UST program without a prior proposal because we believe this action is not controversial. The reason being that, in accordance with section 9004(b) of RCRA, EPA has already evaluated the State’s regulatory and statutory requirements and has determined that the State’s program meets the statutory and regulatory requirements established by RCRA. The EPA previously provided notifications and opportunity for comments on the Agency’s decisions to approve the North Dakota program. The EPA is not reopening the decisions, nor requesting new comments, on the North Dakota approvals as previously published in the Federal Register documents specified in Section I.C of this final rule document. The previous approvals form the basis for the codification addressed in this final rule. C. What is the history of the approval and codification of North Dakota’s UST program? On December 10, 1991 (56 FR 51333, October 11, 1991) the EPA finalized a PO 00000 Frm 00060 Fmt 4700 Sfmt 4700 rule approving the UST program that North Dakota proposed to administer in lieu of the Federal UST program. The EPA incorporated by reference and codified North Dakota’s then approved UST program in 40 CFR 282.84, effective August 21, 1995 (60 FR 32469; June 22, 1995). Due to unforeseen delays resulting from the lapse in appropriations, the EPA’s final approvals concerning revisions to North Dakota’s program originally proposed December 19, 2018, with an effective date of March 15, 2019 (83 FR 65104, December 19, 2018), were delayed. Thus, the EPA granted approval for changes to the North Dakota program effective April 30, 2019 (84 FR 8260, March 7, 2019). Through this action, the EPA is incorporating by reference and codifying North Dakota’s State program in 40 CFR 282.84 to include the approved revisions. D. What codification decisions have we made in this rule? In this rule, we are finalizing the Federal regulatory text that incorporates by reference the federally authorized North Dakota UST Program. In accordance with the requirements of 1 CFR 51.5, we are finalizing the incorporation by reference of the North Dakota rules described in the amendments to 40 CFR part 282 set forth below. The EPA has made, and will continue to make, these documents generally available through www.regulations.gov and/or in hard copy at the EPA Region 8 office (see the ADDRESSES section of this preamble for more information). The purpose of this Federal Register document is to codify North Dakota’s approved UST Program. The codification reflects the State program that was in effect at the time the EPA approved revisions to the North Dakota UST program addressed in the final rule published on December 19, 2018 (83 FR 65104, effective March 15, 2019). By codifying the approved North Dakota program and by amending the Code of Federal Regulations (CFR), the public will more easily be able to discern the status of the federally approved requirements of the North Dakota program. The EPA is incorporating by reference the North Dakota approved UST program in 40 CFR 282.84. 40 CFR 282.84(d)(1)(i)(A) incorporates by reference for enforcement purposes the E:\FR\FM\29NOR1.SGM 29NOR1 Federal Register / Vol. 84, No. 230 / Friday, November 29, 2019 / Rules and Regulations State’s regulations. 40 CFR 282.84 also references the Attorney General’s Statement, Demonstration of Adequate Enforcement Procedures, Enforcement Agreement, the Program Description and the Memorandum of Agreement, which are approved as part of the UST program under subtitle I of RCRA. E. What is the effect of EPA’s codification of the federally authorized State UST Program on enforcement? The EPA retains the authority under sections 9003(h), 9005 and 9006 of subtitle I of RCRA, 42 U.S.C. 6991b(h), 6991d and 6991e, and other applicable statutory and regulatory provisions to undertake corrective action, inspections, and enforcement actions, and to issue orders in approved States. If the EPA determines it will take such actions in North Dakota, the EPA will rely on Federal sanctions, Federal inspection authorities, and other Federal procedures rather than the State analogs. Therefore, though the EPA has approved the State procedures listed in 40 CFR 282.84(d)(1)(ii), the EPA is not incorporating by reference North Dakota’s procedural and enforcement authorities. F. What State provisions are not part of the codification? Title 40 CFR 281.12(a)(3)(ii) states that where an approved State program has provisions that are broader in coverage than the Federal program, those provisions are not a part of the federally approved program. North Dakota’s approved UST program does not include provisions which are ‘‘broader in coverage’’ than the Federal program. II. Statutory and Executive Order (E.O.) Reviews This action only applies to North Dakota’s UST Program requirements pursuant to RCRA Section 9004 and imposes no requirements other than those imposed by State law. It complies with applicable E.O.s and statutory provisions as follows: khammond on DSKJM1Z7X2PROD with RULES A. Executive Order 12866: Regulatory Planning and Review, Executive Order 13563: Improving Regulation and Regulatory Review 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 13563 (76 FR 3821, January 21, 2011). This action codifies State requirements for the purpose of RCRA section 9004 and imposes no additional requirements beyond those imposed by VerDate Sep<11>2014 15:44 Nov 27, 2019 Jkt 250001 State law. Therefore, this action is not subject to review by OMB. B. Executive Order 13771: Reducing Regulations and Controlling Regulatory Costs This action is not an Executive Order 13771 (82 FR 9339, February 3, 2017) regulatory action because actions such as this incorporation by reference of North Dakota’s revised underground storage tank program under RCRA are 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.). C. Unfunded Mandates Reform Act and Executive Order 13175: Consultation and Coordination With Indian Tribal Governments Because this action 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). D. Executive Order 13132: Federalism 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 codifies State requirements as part of the State RCRA Underground Storage Tank Program without altering the relationship or the distribution of power and responsibilities established by RCRA. E. Executive Order 13045: Protection of Children From Environmental Health and Safety Risks 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. PO 00000 Frm 00061 Fmt 4700 Sfmt 4700 65687 F. Executive Order 13211: Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use This rule is not subject to Executive Order 13211 (66 FR 28355, May 22, 2001) because it is not a ‘‘significant regulatory action’’ as defined under Executive Order 12866. G. National Technology Transfer and Advancement Act The requirements being codified are the result of North Dakota’s voluntary participation in the EPA’s State program approval process under RCRA subtitle I. 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. H. Executive Order 12988: Civil Justice Reform 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. I. Executive Order 12630: Governmental Actions and Interference With Constitutionally Protected Property Rights 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. J. Paperwork Reduction Act 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.). ‘‘Burden’’ is defined at 5 CFR 1320.3(b). K. Executive Order 12898: Federal Actions To Address Environmental Justice in Minority Populations and Low Income Populations 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 E:\FR\FM\29NOR1.SGM 29NOR1 65688 Federal Register / Vol. 84, No. 230 / Friday, November 29, 2019 / Rules and Regulations populations in the United States. Because this rule codifies pre-existing State rules, which are at least equivalent to, consistent with, 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. L. Congressional Review Act 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 November 29, 2019. Authority: This rule is issued under the authority of Sections 2002(a), 7004(b), and 9004, 9005 and 9006 of the Solid Waste Disposal Act, as amended, 42 U.S.C. 6912(a), 6974(b), and 6991c, 6991d, and 6991e. List of Subjects in 40 CFR Part 282 Environmental protection, Administrative practice and procedure, Hazardous substances, Incorporation by reference, State program approval, and Underground storage tanks. Dated: November 15, 2019. Gregory Sopkin, Regional Administrator, EPA Region 8. For the reasons set forth in the preamble, EPA is amending 40 CFR part 282 as follows: PART 282—APPROVED UNDERGROUND STORAGE TANK PROGRAMS 1. The authority citation for part 282 continues to read as follows: ■ Authority: 42 U.S.C. 6912, 6991c, 6991d, and 6991e. ■ 2. Revise § 282.84 to read as follows: khammond on DSKJM1Z7X2PROD with RULES § 282.84 North Dakota State-Administered Program. (a) History of the approval of North Dakota’s Program. The State of North Dakota is approved to administer and enforce an underground storage tank program in lieu of the Federal program under subtitle I of the Resource Conservation and Recovery Act of 1976 (RCRA), as amended, 42 U.S.C. 6991 et seq. The State’s program, as administered by the North Dakota Department of Environmental Quality (DEQ) was approved by EPA pursuant to VerDate Sep<11>2014 15:44 Nov 27, 2019 Jkt 250001 42 U.S.C. 6991c and part 281 of this chapter. The EPA published the notice of final determination approving the North Dakota underground storage tank base program effective on December 10, 1991. A subsequent program revision application was approved by EPA and became effective on March 15, 2019. (b) Enforcement authority. North Dakota has primary responsibility for administering and enforcing its federally approved underground storage tank program. However, EPA retains the authority to exercise its corrective action, inspection, and enforcement authorities under sections 9003(h), 9005, and 9006 of subtitle I of RCRA, 42 U.S.C. 6991b(h), 6991d and 6991e, as well as under any other applicable statutory and regulatory provisions. (c) Approval. To retain program approval, North Dakota must revise its approved program to adopt new changes to the Federal subtitle I program which make it more stringent, in accordance with section 9004 of RCRA, 42 U.S.C. 6991c, and 40 CFR part 281, subpart E. If North Dakota obtains approval for the revised requirements pursuant to section 9004 of RCRA, 42 U.S.C. 6991c, the newly approved statutory and regulatory provisions will be added to this subpart and notice of any change will be published in the Federal Register. (d) Program authorization. North Dakota has final approval for the following elements of its program application originally submitted to EPA and approved effective December 10, 1991, and the program revision application approved by EPA effective on March 15, 2019: (1) State statutes and regulations—(i) Incorporation by reference. The North Dakota provisions cited in this paragraph and listed in Appendix A to this part, are incorporated by reference as part of the underground storage tank program under subtitle I of RCRA, 42 U.S.C. 6991 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 regulations that are incorporated by reference in this paragraph from North Dakota Legislative Council, Second Floor, State Capitol, 600 E Boulevard Avenue, Bismarck, North Dakota 58504, phone 701–328– 2916, website: https://www.legis.nd.gov/ agency-rules/north-dakotaadministrative-code. You may inspect a copy at EPA Region 8, 1595 Wynkoop Street, Denver, Colorado 80202 (Phone number 303–312–6231 or the National Archives and Records Administration (NARA). For information on the PO 00000 Frm 00062 Fmt 4700 Sfmt 4700 availability of the material at NARA, email fedreg.legal@nara.gov or go to https://www.archives.gov/federalregister/cfr/ibr-locations.html. (A) ‘‘EPA-Approved North Dakota Regulatory Requirements Applicable to the Underground Storage Tank Program,’’ dated April 2019. (B) [Reserved] (ii) Legal basis. EPA evaluated the following statutes and regulations which provide the legal basis for the State’s implementation of the underground storage tank program, but they are not being incorporated by reference and do not replace Federal authorities: (A) The statutory provisions include: North Dakota Century Code (2019), Title 1 ‘‘General Provisions,’’ Chapter 1–01, ‘‘General Principles and Definitions,’’ Section 1–01–49(8) ‘‘Person;’’ Title 23.1 ‘‘Environmental Quality,’’ Chapter 01 ‘‘Department of Environmental Quality,’’ Sections 23.1–01–01 and 23.1–01–04; Chapter 04 ‘‘Hazardous Waste Management,’’ Sections 23.1–04– 01 introductory paragraph, .1, .5, and .6; 23.1–04–02 introductory paragraph, .2, .9 through .11, and .16; 23.1–04–03; 23.1–04–06; and 23.1–04–12 through 23.1–04–15. (B) The regulatory provisions include: North Dakota Administrative Code Chapter 33.1–24–08, Technical Standards and Corrective Action Requirements for Owners and Operators of Underground Storage Tanks, as amended effective January 1, 2019, Sections 33.1–24–08–36 Applicability (Delivery Prohibition), 33.1–24–08–37 Criteria for Delivery Prohibition, and 33.1–24–08–57 Public Participation. (2) Statement of legal authority. The Attorney General’s Statement, signed by the Attorney General of North Dakota on February 28, 1991, and by the Assistant Attorney General on July 26, 2018, though not incorporated by reference, is referenced as part of the approved underground storage tank program under subtitle I of RCRA, 42 U.S.C. 6991 et seq. (3) Demonstration of procedures for adequate enforcement. The ‘‘Demonstration of Procedures for Adequate Enforcement’’ submitted as part of the original application on April 4, 1991, though not incorporated by reference, is referenced as part of the approved underground storage tank program under subtitle I of RCRA, 42 U.S.C. 6991 et seq. (4) Enforcement Agreement. The ‘‘North Dakota State and EPA Region 8 Enforcement Agreement’’ submitted as part of the program revision application on July 26, 2018, though not incorporated by reference, is referenced E:\FR\FM\29NOR1.SGM 29NOR1 Federal Register / Vol. 84, No. 230 / Friday, November 29, 2019 / Rules and Regulations as part of the approved underground storage tank program under subtitle I of RCRA, 42 U.S.C. 6991 et seq. (5) Program description. The program description and any other material submitted as part of the original application April 4, 1991, and as part of the program revision application on July 26, 2018, though not incorporated by reference, are referenced as part of the approved underground storage tank program under subtitle I of RCRA, 42 U.S.C. 6991 et seq. (6) Memorandum of Agreement. The Memorandum of Agreement between North Dakota and the EPA Region 8, signed by the EPA Regional Administrator on November 9, 2018, though not incorporated by reference, is referenced as part of the approved underground storage tank program under subtitle I of RCRA, 42 U.S.C. 6991 et seq. ■ 3. Appendix A to part 282 is amended by revising the entry for ‘‘North Dakota’’ to read as follows: Appendix A to Part 282—State Requirements Incorporated by Reference in Part 282 of the Code of Federal Regulations khammond on DSKJM1Z7X2PROD with RULES * * * * * North Dakota (a) The regulatory provisions include: North Dakota Administrative Code (NDAC), Chapter 33.1–24–08, Technical Standards and Corrective Action Requirements for Owners and Operators of Underground Storage Tanks, as amended effective January 1, 2019: Section 33.1–24–08–01 Applicability (technical standards and corrective action). Section 33.1–24–08–02 Installation requirements for partially excluded underground storage tank systems. Section 33.1–24–08–03 Definitions (technical standards, delivery prohibition, and corrective action). Section 33.1–24–08–10 Performance standards for new underground storage tank systems. Section 33.1–24–08–11 Upgrading of existing underground storage tank systems. Section 33.1–24–08–12 Notification requirements. Section 33.1–24–08–20 Spill and overfill control. Section 33.1–24–08–21 Operation and maintenance of corrosion protection. Section 33.1–24–08–22 Compatibility. Section 33.1–24–08–23 Repairs allowed. Section 33.1–24–08–24 Reporting and recordkeeping. Section 33.1–24–08–25 Periodic testing of spill prevention equipment and containment sumps used for interstitial monitoring of piping and periodic inspection of overfill prevention equipment. VerDate Sep<11>2014 15:44 Nov 27, 2019 Jkt 250001 Section 33.1–24–08–26 Periodic operation and maintenance walkthrough inspections. Section 33.1–24–08–30 General release detection requirements for all underground storage tank systems. Section 33.1–24–08–31 Release detection requirements for petroleum underground storage tank systems. Section 33.1–24–08–32 Release detection requirements for hazardous substance underground storage tank systems. Section 33.1–24–08–33 Methods of release detection for tanks. Section 33.1–24–08–34 Methods of release detection for piping. Section 33.1–24–08–35 Release detection recordkeeping. Section 33.1–24–08–38 Mechanisms for designating tanks ineligible for delivery. Section 33.1–24–08–39 Reclassifying ineligible tanks as eligible for delivery. Section 33.1–24–08–40 Reporting of suspected releases. Section 33.1–24–08–41 Investigation due to offsite impacts. Section 33.1–24–08–42 Release investigation and confirmation steps. Section 33.1–24–08–43 Reporting and cleanup of spills and overfills. Section 33.1–24–08–44 Unattended cardtrol facilities. Section 33.1–24–08–45 Operator designations and requirements for operator training. Section 33.1–24–08–46 Timing of operator training and reciprocity. Section 33.1–24–08–47 Operator retraining. Section 33.1–24–08–48 Operator training documentation. Section 33.1–24–08–50 General release response and corrective action for underground storage tank systems containing petroleum or hazardous substances. Section 33.1–24–08–51 Initial response. Section 33.1–24–08–52 Initial abatement measures and site check. Section 33.1–24–08–53 Initial site characterization. Section 33.1–24–08–54 Free product removal. Section 33.1–24–08–55 Investigations for soil and groundwater cleanup. Section 33.1–24–08–56 Corrective action plan. Section 33.1–24–08–60 Temporary closure. Section 33.1–24–08–61 Permanent closure and changes in service. Section 33.1–24–08–62 Assessing the site at closure or change in service. Section 33.1–24–08–63 Applicability to previously closed underground storage tank systems. Section 33.1–24–08–64 Closure records. Section 33.1–24–08–70 UST systems with field-constructed tanks and airport hydrant fuel distribution systems definitions. Section 33.1–24–08–71 General requirements. Section 33.1–24–08–72 Additions, exceptions, and alternatives for UST systems with field-constructed tanks and airport hydrant systems. Section 33.1–24–08–80 Applicability (financial responsibility). PO 00000 Frm 00063 Fmt 4700 Sfmt 9990 65689 Section 33.1–24–08–81 Financial responsibility compliance dates. Section 33.1–24–08–82 Definitions (financial responsibility). Section 33.1–24–08–83 Amount and scope of required financial responsibility. Section 33.1–24–08–84 Allowable mechanisms and combinations of mechanisms. Section 33.1–24–08–85 Financial test of self-insurance. Section 33.1–24–08–86 Guarantee. Section 33.1–24–08–87 Insurance and risk retention group coverage. Section 33.1–24–08–88 Surety bond. Section 33.1–24–08–89 Letter of credit. Section 33.1–24–08–92 Trust fund. Section 33.1–24–08–93 Standby trust fund. Section 33.1–24–08–94 Local government bond rating test. Section 33.1–24–08–95 Local government financial test. Section 33.1–24–08–96 Local government guarantee. Section 33.1–24–08–97 Local government fund. Section 33.1–24–08–98 Substitution of financial assurance mechanisms by owner or operator. Section 33.1–24–08–99 Cancellation or nonrenewal by a provider of financial assurance. Section 33.1–24–08–100 Reporting by owner or operator. Section 33.1–24–08–101 Recordkeeping. Section 33.1–24–08–102 Drawing on financial assurance mechanisms. Section 33.1–24–08–103 Release from requirements. Section 33.1–24–08–104 Bankruptcy or other incapacity of owner or operator or provider of financial assurance. Section 33.1–24–08–105 Replenishment of guarantees, letters of credit, or surety bonds. Section 33.1–24–08–115 Definitions (lender liability). Section 33.1–24–08–120 Participation in management (lender liability). Section 33.1–24–08–125 Ownership of an underground storage tank or underground storage tank system or facility or property on which an underground storage tank or underground storage tank system ss located (lender liability). Section 33.1–24–08–130 Operating an underground storage tank or underground storage tank system (lender liability). Appendix I. Appendix II Statement of Shipping Tickets and Invoices. (b) Copies of the North Dakota regulations that are incorporated by reference are available from North Dakota Legislative Council, Second Floor, State Capitol, 600 E Boulevard Avenue, Bismarck, North Dakota 58504; phone, 701–328–2916; website, https://www.legis.nd.gov/agency-rules/northdakota-administrative-code. * * * * * [FR Doc. 2019–25355 Filed 11–27–19; 8:45 am] BILLING CODE 6560–50–P E:\FR\FM\29NOR1.SGM 29NOR1

Agencies

[Federal Register Volume 84, Number 230 (Friday, November 29, 2019)]
[Rules and Regulations]
[Pages 65686-65689]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-25355]



[[Page 65686]]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 282

[EPA-R08-UST-2018-0728; FRL-10000-51-Region 8]


North Dakota: Codification and Incorporation by Reference of 
Approved State Underground Storage Tank Program

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: This rule codifies in the regulations the prior approval of 
North Dakota's underground storage tank program and incorporates by 
reference approved provisions of the State's regulations. The 
Environmental Protection Agency (EPA) uses the regulations entitled, 
``Approved Underground Storage Tank Programs,'' to provide notification 
of the approval status of State programs and to incorporate by 
reference into the Code of Federal Regulations (CFR) those provisions 
of the State's regulations that are approved and that the EPA will 
enforce under the Resource Conservation and Recovery Act (RCRA). The 
EPA previously provided notification and opportunity for comments on 
the Agency's decisions to approve the North Dakota underground storage 
tank program, and the EPA is not reopening the decisions, nor 
requesting comments, on the approval of the North Dakota program, as 
published in the Federal Register documents specified in Section I.C of 
this document.

DATES: This rule is effective December 30, 2019. The Director of the 
Federal Register approves this incorporation by reference as of 
December 30, 2019, in accordance with 5 U.S.C. 552(a) and 1 CFR part 
51.

ADDRESSES: The documents that form the basis for this codification and 
associated publicly available materials are available electronically 
through https://www.regulations.gov (Docket ID No. EPA-R08-RCRA-2018-
0728). You can also view and copy the documents from 8:30 a.m. to 4:00 
p.m. Monday through Friday at the following location: EPA Region 8, 
1595 Wynkoop Street, Denver, Colorado 80202-1129, phone number (303) 
312-6435. Interested persons wanting to examine these documents should 
make an appointment with the office at least two days in advance.

FOR FURTHER INFORMATION CONTACT: Benjamin Bents, Region 8, Project 
Officer, RCRA Branch, Land Chemical and Revitalization Division (8LCR-
RC), EPA Region 8, 1595 Wynkoop Street, Denver, Colorado 80202-1129, 
303-312-6435, email address: [email protected].

SUPPLEMENTARY INFORMATION: 

I. Codification

A. What is codification?

    Codification is the process of placing a State's statutes and 
regulations that comprise the State's approved UST program into the 
CFR. Section 9004(b) of RCRA, as amended, allows the EPA to approve 
State UST programs to operate in lieu of the Federal program. The EPA 
codifies its authorization of State programs in 40 CFR part 282 and 
incorporates by reference State regulations that the EPA will enforce 
under sections 9005 and 9006 of RCRA and any other applicable statutory 
provisions. The incorporation by reference of State authorized programs 
in the CFR should substantially enhance the public's ability to discern 
the current status of the approved State program and State requirements 
that can be federally enforced. This effort provides clear notification 
to the public of the scope of the approved program in each State.

B. Why wasn't there a proposed rule before today's rule?

    The EPA is publishing this rule to codify North Dakota's approved 
UST program without a prior proposal because we believe this action is 
not controversial. The reason being that, in accordance with section 
9004(b) of RCRA, EPA has already evaluated the State's regulatory and 
statutory requirements and has determined that the State's program 
meets the statutory and regulatory requirements established by RCRA. 
The EPA previously provided notifications and opportunity for comments 
on the Agency's decisions to approve the North Dakota program. The EPA 
is not reopening the decisions, nor requesting new comments, on the 
North Dakota approvals as previously published in the Federal Register 
documents specified in Section I.C of this final rule document. The 
previous approvals form the basis for the codification addressed in 
this final rule.

C. What is the history of the approval and codification of North 
Dakota's UST program?

    On December 10, 1991 (56 FR 51333, October 11, 1991) the EPA 
finalized a rule approving the UST program that North Dakota proposed 
to administer in lieu of the Federal UST program. The EPA incorporated 
by reference and codified North Dakota's then approved UST program in 
40 CFR 282.84, effective August 21, 1995 (60 FR 32469; June 22, 1995). 
Due to unforeseen delays resulting from the lapse in appropriations, 
the EPA's final approvals concerning revisions to North Dakota's 
program originally proposed December 19, 2018, with an effective date 
of March 15, 2019 (83 FR 65104, December 19, 2018), were delayed. Thus, 
the EPA granted approval for changes to the North Dakota program 
effective April 30, 2019 (84 FR 8260, March 7, 2019). Through this 
action, the EPA is incorporating by reference and codifying North 
Dakota's State program in 40 CFR 282.84 to include the approved 
revisions.

D. What codification decisions have we made in this rule?

    In this rule, we are finalizing the Federal regulatory text that 
incorporates by reference the federally authorized North Dakota UST 
Program. In accordance with the requirements of 1 CFR 51.5, we are 
finalizing the incorporation by reference of the North Dakota rules 
described in the amendments to 40 CFR part 282 set forth below. The EPA 
has made, and will continue to make, these documents generally 
available through www.regulations.gov and/or in hard copy at the EPA 
Region 8 office (see the ADDRESSES section of this preamble for more 
information).
    The purpose of this Federal Register document is to codify North 
Dakota's approved UST Program. The codification reflects the State 
program that was in effect at the time the EPA approved revisions to 
the North Dakota UST program addressed in the final rule published on 
December 19, 2018 (83 FR 65104, effective March 15, 2019). By codifying 
the approved North Dakota program and by amending the Code of Federal 
Regulations (CFR), the public will more easily be able to discern the 
status of the federally approved requirements of the North Dakota 
program.
    The EPA is incorporating by reference the North Dakota approved UST 
program in 40 CFR 282.84. 40 CFR 282.84(d)(1)(i)(A) incorporates by 
reference for enforcement purposes the

[[Page 65687]]

State's regulations. 40 CFR 282.84 also references the Attorney 
General's Statement, Demonstration of Adequate Enforcement Procedures, 
Enforcement Agreement, the Program Description and the Memorandum of 
Agreement, which are approved as part of the UST program under subtitle 
I of RCRA.

E. What is the effect of EPA's codification of the federally authorized 
State UST Program on enforcement?

    The EPA retains the authority under sections 9003(h), 9005 and 9006 
of subtitle I of RCRA, 42 U.S.C. 6991b(h), 6991d and 6991e, and other 
applicable statutory and regulatory provisions to undertake corrective 
action, inspections, and enforcement actions, and to issue orders in 
approved States. If the EPA determines it will take such actions in 
North Dakota, the EPA will rely on Federal sanctions, Federal 
inspection authorities, and other Federal procedures rather than the 
State analogs. Therefore, though the EPA has approved the State 
procedures listed in 40 CFR 282.84(d)(1)(ii), the EPA is not 
incorporating by reference North Dakota's procedural and enforcement 
authorities.

F. What State provisions are not part of the codification?

    Title 40 CFR 281.12(a)(3)(ii) states that where an approved State 
program has provisions that are broader in coverage than the Federal 
program, those provisions are not a part of the federally approved 
program. North Dakota's approved UST program does not include 
provisions which are ``broader in coverage'' than the Federal program.

II. Statutory and Executive Order (E.O.) Reviews

    This action only applies to North Dakota's UST Program requirements 
pursuant to RCRA Section 9004 and imposes no requirements other than 
those imposed by State law. It complies with applicable E.O.s and 
statutory provisions as follows:

A. Executive Order 12866: Regulatory Planning and Review, Executive 
Order 13563: Improving Regulation and Regulatory Review

    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 13563 (76 FR 3821, January 21, 2011). This action codifies 
State requirements for the purpose of RCRA section 9004 and imposes no 
additional requirements beyond those imposed by State law. Therefore, 
this action is not subject to review by OMB.

B. Executive Order 13771: Reducing Regulations and Controlling 
Regulatory Costs

    This action is not an Executive Order 13771 (82 FR 9339, February 
3, 2017) regulatory action because actions such as this incorporation 
by reference of North Dakota's revised underground storage tank program 
under RCRA are 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.).

C. Unfunded Mandates Reform Act and Executive Order 13175: Consultation 
and Coordination With Indian Tribal Governments

    Because this action 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).

D. Executive Order 13132: Federalism

    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 codifies State requirements 
as part of the State RCRA Underground Storage Tank Program without 
altering the relationship or the distribution of power and 
responsibilities established by RCRA.

E. Executive Order 13045: Protection of Children From Environmental 
Health and Safety Risks

    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.

F. Executive Order 13211: Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use

    This rule is not subject to Executive Order 13211 (66 FR 28355, May 
22, 2001) because it is not a ``significant regulatory action'' as 
defined under Executive Order 12866.

G. National Technology Transfer and Advancement Act

    The requirements being codified are the result of North Dakota's 
voluntary participation in the EPA's State program approval process 
under RCRA subtitle I. 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.

H. Executive Order 12988: Civil Justice Reform

    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.

I. Executive Order 12630: Governmental Actions and Interference With 
Constitutionally Protected Property Rights

    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.

J. Paperwork Reduction Act

    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.). ``Burden'' is defined at 5 CFR 1320.3(b).

K. Executive Order 12898: Federal Actions To Address Environmental 
Justice in Minority Populations and Low Income Populations

    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

[[Page 65688]]

populations in the United States. Because this rule codifies pre-
existing State rules, which are at least equivalent to, consistent 
with, 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.

L. Congressional Review Act

    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 November 29, 2019.

    Authority:  This rule is issued under the authority of Sections 
2002(a), 7004(b), and 9004, 9005 and 9006 of the Solid Waste 
Disposal Act, as amended, 42 U.S.C. 6912(a), 6974(b), and 6991c, 
6991d, and 6991e.

List of Subjects in 40 CFR Part 282

    Environmental protection, Administrative practice and procedure, 
Hazardous substances, Incorporation by reference, State program 
approval, and Underground storage tanks.

    Dated: November 15, 2019.
Gregory Sopkin,
Regional Administrator, EPA Region 8.

    For the reasons set forth in the preamble, EPA is amending 40 CFR 
part 282 as follows:

PART 282--APPROVED UNDERGROUND STORAGE TANK PROGRAMS

0
1. The authority citation for part 282 continues to read as follows:

    Authority: 42 U.S.C. 6912, 6991c, 6991d, and 6991e.


0
2. Revise Sec.  282.84 to read as follows:


Sec.  282.84  North Dakota State-Administered Program.

    (a) History of the approval of North Dakota's Program. The State of 
North Dakota is approved to administer and enforce an underground 
storage tank program in lieu of the Federal program under subtitle I of 
the Resource Conservation and Recovery Act of 1976 (RCRA), as amended, 
42 U.S.C. 6991 et seq. The State's program, as administered by the 
North Dakota Department of Environmental Quality (DEQ) was approved by 
EPA pursuant to 42 U.S.C. 6991c and part 281 of this chapter. The EPA 
published the notice of final determination approving the North Dakota 
underground storage tank base program effective on December 10, 1991. A 
subsequent program revision application was approved by EPA and became 
effective on March 15, 2019.
    (b) Enforcement authority. North Dakota has primary responsibility 
for administering and enforcing its federally approved underground 
storage tank program. However, EPA retains the authority to exercise 
its corrective action, inspection, and enforcement authorities under 
sections 9003(h), 9005, and 9006 of subtitle I of RCRA, 42 U.S.C. 
6991b(h), 6991d and 6991e, as well as under any other applicable 
statutory and regulatory provisions.
    (c) Approval. To retain program approval, North Dakota must revise 
its approved program to adopt new changes to the Federal subtitle I 
program which make it more stringent, in accordance with section 9004 
of RCRA, 42 U.S.C. 6991c, and 40 CFR part 281, subpart E. If North 
Dakota obtains approval for the revised requirements pursuant to 
section 9004 of RCRA, 42 U.S.C. 6991c, the newly approved statutory and 
regulatory provisions will be added to this subpart and notice of any 
change will be published in the Federal Register.
    (d) Program authorization. North Dakota has final approval for the 
following elements of its program application originally submitted to 
EPA and approved effective December 10, 1991, and the program revision 
application approved by EPA effective on March 15, 2019:
    (1) State statutes and regulations--(i) Incorporation by reference. 
The North Dakota provisions cited in this paragraph and listed in 
Appendix A to this part, are incorporated by reference as part of the 
underground storage tank program under subtitle I of RCRA, 42 U.S.C. 
6991 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 regulations that are 
incorporated by reference in this paragraph from North Dakota 
Legislative Council, Second Floor, State Capitol, 600 E Boulevard 
Avenue, Bismarck, North Dakota 58504, phone 701-328-2916, website: 
https://www.legis.nd.gov/agency-rules/north-dakota-administrative-code. 
You may inspect a copy at EPA Region 8, 1595 Wynkoop Street, Denver, 
Colorado 80202 (Phone number 303-312-6231 or the National Archives and 
Records Administration (NARA). For information on the availability of 
the material at NARA, email [email protected] or go to https://www.archives.gov/federal-register/cfr/ibr-locations.html.
    (A) ``EPA-Approved North Dakota Regulatory Requirements Applicable 
to the Underground Storage Tank Program,'' dated April 2019.
    (B) [Reserved]
    (ii) Legal basis. EPA evaluated the following statutes and 
regulations which provide the legal basis for the State's 
implementation of the underground storage tank program, but they are 
not being incorporated by reference and do not replace Federal 
authorities:
    (A) The statutory provisions include: North Dakota Century Code 
(2019), Title 1 ``General Provisions,'' Chapter 1-01, ``General 
Principles and Definitions,'' Section 1-01-49(8) ``Person;'' Title 23.1 
``Environmental Quality,'' Chapter 01 ``Department of Environmental 
Quality,'' Sections 23.1-01-01 and 23.1-01-04; Chapter 04 ``Hazardous 
Waste Management,'' Sections 23.1-04-01 introductory paragraph, .1, .5, 
and .6; 23.1-04-02 introductory paragraph, .2, .9 through .11, and .16; 
23.1-04-03; 23.1-04-06; and 23.1-04-12 through 23.1-04-15.
    (B) The regulatory provisions include: North Dakota Administrative 
Code Chapter 33.1-24-08, Technical Standards and Corrective Action 
Requirements for Owners and Operators of Underground Storage Tanks, as 
amended effective January 1, 2019, Sections 33.1-24-08-36 Applicability 
(Delivery Prohibition), 33.1-24-08-37 Criteria for Delivery 
Prohibition, and 33.1-24-08-57 Public Participation.
    (2) Statement of legal authority. The Attorney General's Statement, 
signed by the Attorney General of North Dakota on February 28, 1991, 
and by the Assistant Attorney General on July 26, 2018, though not 
incorporated by reference, is referenced as part of the approved 
underground storage tank program under subtitle I of RCRA, 42 U.S.C. 
6991 et seq.
    (3) Demonstration of procedures for adequate enforcement. The 
``Demonstration of Procedures for Adequate Enforcement'' submitted as 
part of the original application on April 4, 1991, though not 
incorporated by reference, is referenced as part of the approved 
underground storage tank program under subtitle I of RCRA, 42 U.S.C. 
6991 et seq.
    (4) Enforcement Agreement. The ``North Dakota State and EPA Region 
8 Enforcement Agreement'' submitted as part of the program revision 
application on July 26, 2018, though not incorporated by reference, is 
referenced

[[Page 65689]]

as part of the approved underground storage tank program under subtitle 
I of RCRA, 42 U.S.C. 6991 et seq.
    (5) Program description. The program description and any other 
material submitted as part of the original application April 4, 1991, 
and as part of the program revision application on July 26, 2018, 
though not incorporated by reference, are referenced as part of the 
approved underground storage tank program under subtitle I of RCRA, 42 
U.S.C. 6991 et seq.
    (6) Memorandum of Agreement. The Memorandum of Agreement between 
North Dakota and the EPA Region 8, signed by the EPA Regional 
Administrator on November 9, 2018, though not incorporated by 
reference, is referenced as part of the approved underground storage 
tank program under subtitle I of RCRA, 42 U.S.C. 6991 et seq.

0
3. Appendix A to part 282 is amended by revising the entry for ``North 
Dakota'' to read as follows:

Appendix A to Part 282--State Requirements Incorporated by Reference in 
Part 282 of the Code of Federal Regulations

* * * * *

North Dakota

    (a) The regulatory provisions include: North Dakota 
Administrative Code (NDAC), Chapter 33.1-24-08, Technical Standards 
and Corrective Action Requirements for Owners and Operators of 
Underground Storage Tanks, as amended effective January 1, 2019:

Section 33.1-24-08-01 Applicability (technical standards and 
corrective action).
Section 33.1-24-08-02 Installation requirements for partially 
excluded underground storage tank systems.
Section 33.1-24-08-03 Definitions (technical standards, delivery 
prohibition, and corrective action).
Section 33.1-24-08-10 Performance standards for new underground 
storage tank systems.
Section 33.1-24-08-11 Upgrading of existing underground storage tank 
systems.
Section 33.1-24-08-12 Notification requirements.
Section 33.1-24-08-20 Spill and overfill control.
Section 33.1-24-08-21 Operation and maintenance of corrosion 
protection.
Section 33.1-24-08-22 Compatibility.
Section 33.1-24-08-23 Repairs allowed.
Section 33.1-24-08-24 Reporting and recordkeeping.
Section 33.1-24-08-25 Periodic testing of spill prevention equipment 
and containment sumps used for interstitial monitoring of piping and 
periodic inspection of overfill prevention equipment.
Section 33.1-24-08-26 Periodic operation and maintenance walkthrough 
inspections.
Section 33.1-24-08-30 General release detection requirements for all 
underground storage tank systems.
Section 33.1-24-08-31 Release detection requirements for petroleum 
underground storage tank systems.
Section 33.1-24-08-32 Release detection requirements for hazardous 
substance underground storage tank systems.
Section 33.1-24-08-33 Methods of release detection for tanks.
Section 33.1-24-08-34 Methods of release detection for piping.
Section 33.1-24-08-35 Release detection recordkeeping.
Section 33.1-24-08-38 Mechanisms for designating tanks ineligible 
for delivery.
Section 33.1-24-08-39 Reclassifying ineligible tanks as eligible for 
delivery.
Section 33.1-24-08-40 Reporting of suspected releases.
Section 33.1-24-08-41 Investigation due to offsite impacts.
Section 33.1-24-08-42 Release investigation and confirmation steps.
Section 33.1-24-08-43 Reporting and cleanup of spills and overfills.
Section 33.1-24-08-44 Unattended cardtrol facilities.
Section 33.1-24-08-45 Operator designations and requirements for 
operator training.
Section 33.1-24-08-46 Timing of operator training and reciprocity.
Section 33.1-24-08-47 Operator retraining.
Section 33.1-24-08-48 Operator training documentation.
Section 33.1-24-08-50 General release response and corrective action 
for underground storage tank systems containing petroleum or 
hazardous substances.
Section 33.1-24-08-51 Initial response.
Section 33.1-24-08-52 Initial abatement measures and site check.
Section 33.1-24-08-53 Initial site characterization.
Section 33.1-24-08-54 Free product removal.
Section 33.1-24-08-55 Investigations for soil and groundwater 
cleanup.
Section 33.1-24-08-56 Corrective action plan.
Section 33.1-24-08-60 Temporary closure.
Section 33.1-24-08-61 Permanent closure and changes in service.
Section 33.1-24-08-62 Assessing the site at closure or change in 
service.
Section 33.1-24-08-63 Applicability to previously closed underground 
storage tank systems.
Section 33.1-24-08-64 Closure records.
Section 33.1-24-08-70 UST systems with field-constructed tanks and 
airport hydrant fuel distribution systems definitions.
Section 33.1-24-08-71 General requirements.
Section 33.1-24-08-72 Additions, exceptions, and alternatives for 
UST systems with field-constructed tanks and airport hydrant 
systems.
Section 33.1-24-08-80 Applicability (financial responsibility).
Section 33.1-24-08-81 Financial responsibility compliance dates.
Section 33.1-24-08-82 Definitions (financial responsibility).
Section 33.1-24-08-83 Amount and scope of required financial 
responsibility.
Section 33.1-24-08-84 Allowable mechanisms and combinations of 
mechanisms.
Section 33.1-24-08-85 Financial test of self-insurance.
Section 33.1-24-08-86 Guarantee.
Section 33.1-24-08-87 Insurance and risk retention group coverage.
Section 33.1-24-08-88 Surety bond.
Section 33.1-24-08-89 Letter of credit.
Section 33.1-24-08-92 Trust fund.
Section 33.1-24-08-93 Standby trust fund.
Section 33.1-24-08-94 Local government bond rating test.
Section 33.1-24-08-95 Local government financial test.
Section 33.1-24-08-96 Local government guarantee.
Section 33.1-24-08-97 Local government fund.
Section 33.1-24-08-98 Substitution of financial assurance mechanisms 
by owner or operator.
Section 33.1-24-08-99 Cancellation or nonrenewal by a provider of 
financial assurance.
Section 33.1-24-08-100 Reporting by owner or operator.
Section 33.1-24-08-101 Recordkeeping.
Section 33.1-24-08-102 Drawing on financial assurance mechanisms.
Section 33.1-24-08-103 Release from requirements.
Section 33.1-24-08-104 Bankruptcy or other incapacity of owner or 
operator or provider of financial assurance.
Section 33.1-24-08-105 Replenishment of guarantees, letters of 
credit, or surety bonds.
Section 33.1-24-08-115 Definitions (lender liability).
Section 33.1-24-08-120 Participation in management (lender 
liability).
Section 33.1-24-08-125 Ownership of an underground storage tank or 
underground storage tank system or facility or property on which an 
underground storage tank or underground storage tank system ss 
located (lender liability).
Section 33.1-24-08-130 Operating an underground storage tank or 
underground storage tank system (lender liability).
Appendix I.
Appendix II Statement of Shipping Tickets and Invoices.

    (b) Copies of the North Dakota regulations that are incorporated 
by reference are available from North Dakota Legislative Council, 
Second Floor, State Capitol, 600 E Boulevard Avenue, Bismarck, North 
Dakota 58504; phone, 701-328-2916; website, https://www.legis.nd.gov/agency-rules/north-dakota-administrative-code.
* * * * *
[FR Doc. 2019-25355 Filed 11-27-19; 8:45 am]
BILLING CODE 6560-50-P